2007-104
s:\our documenls\ordinances\07\ordinance- snider acquisitinn.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ACQUISITION IN FEE SIMPLE, THROUGH
AGREEMENT OR EMINENT DOMAIN FOR MUNICIPAL PURPOSES, INCLUDING
PUBLIC UTILITY AND DRAINAGE PURPOSES, IN AN APPROXIMATE 0.257 ACRE
TRACT OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT
NUMBER 1330, DENTON COUNTY TEXAS AND BEING WITHIN A PARCEL OF LAND
CONVEYED TO RANDY C. SNIDER, BY DEED RECORDED UNDER COUNTY CLERK'S
FILE NUMBER 96-R0016095, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO DO ALL THINGS
NECESSARY AND APPROPRIATE TO ACQUIRE THE PROPERTY THROUGH
AGREEMENT OR EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE DATE
THEREOF.
WHEREAS, after due consideration of the public interest and the use and benefit to
accrue to the City of Denton, Texas,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The public necessity exists, public welfare and convenience require, and
the City of Denton does hereby exercise its home-rule and statutory authority to acquire by
agreement or eminent domain fee simple title in an approximate 0.257 acre tract of land as
described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof by
reference (the "Property"). The land is being acquired for municipal purposes, including public
utility and drainage purposes.
SECTION 2. The City Attorney, or his designee, shall have the authority to do all things
necessary and appropriate to acquire Property through agreement or eminent domain. The City
Council delegates to the City Attorney, or his designee the details of accomplishing this
objective including but not limited to obtaining final surveys, title insurance, engineering
matters, title search, offers, proper documentation, and filing and prosecuting eminent domain
proceedings.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12007.
PERR R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS~CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
EDWIN M. SN~YDER, CIT /ATTORNEY
BY:
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EXHIBIT 'A'
35062
10119/06 PAGE 1 OF 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330,
DENTON COUNTY, TEXAS, AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO RANDY C. SNIDER, RECORDED UNDER COUNTY
CLERK'S FILE NUMBER 96-RDOI6095, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHEAST CORNER OFA TRACT DESCRIBED IN A DEED TO TRANCONTINENTAL
REALTY INVESTORS, INC., RECORDED IN DEED NUMBER 2005-151994, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PIN
ALSO BEING ON THE NORTH LINE OF EDWARDS ROAD AND THE WEST LINE OF SAID SNIDER TRACT BEING NORTH 03 DEGREES 08
MINUTES 53 SECOND EAST, A DISTANCE OF 35.01 FEET FROM THE SOUTHWEST CORNER OF SAID SNIDER TRACT;;
THENCE NORTH 03 DEGREES D8 MINUTES 53 SECONDS EAST WITH THE WEST LINE OF SAID SNIDER TRACT AND THE EAST LINE OF SAID
TRANSCONTINENTAL TRACT, A DISTANCE OF 349.98 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX
1849" SET AT THE NORTH CORNER OF SAID SNIDER TRACT ON THE EAST LINE OF SAID TRANCONTINENTAL TRACT;
THENCE SOUTH 07 DEGREES 11 MINUTES 44 SECONDS EAST WITH THE EAST LINE OF SAID SNIDER TRACT, A DISTANCE OF 355.91 FEET
TO A FENCE CORNER POST FOUND ON THE EAST LINE OF SAID SNIDER TRACT ON THE NORTH LINE OF EDWARDS ROAD, AND BEING
NORTH 07 DEGREES 11 MINUTES 44 SECONDS WEST, A DISTANCE OF 33.87 FEET FROM THE SOUTHEAST CORNER OF SAID SNIDER
TRACT;;
THENCE NORTH 86 DEGREES 43 MINUTES 32 SECONDS WEST WITH THE NORTH LINE OF EDWARDS ROAD, A DISTANCE OF 63.90 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0:257 ACRES OF LAND.
NOTES:
EASEMENTS SHOWN HEREON AREAS LISTED IN THE FIRST AMERICAN TITLE COMMITMENT GF No. 06R33635 DE1, EFFECTIVE DATE
AUGUST24,2005.
1 D.a. EASEMENT GRANTED BY R.H. TURNBULL AND WIFE, VIOLET TURNBULL TO CITY OF DENTON COUNTY, TEXAS, DATED 12121/1960,
FILED 0210211961, RECORDED IN VOLUME 464, PAGE 197, REAL PROPERTY. RECORDS OF DENTON COUNTY, TEXAS, DOES AFFECTAS
SHOWN.
10.b. EASEMENT GRANTED BY T. GERALD SNIDER, JR. TO CITY OF DENTON, TEXAS, DATED 11119/1981, FILED 11/19/1981, RECORDED IN
VOLUME 1113, PAGE 30, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, DOES AFFECTAS SHOWN.
BEARINGS OF (NORTH 86 DEGREES 43 MINUTES 26 SECONDS WEST) BASED ON THE NORTH LINE OF EDWARDS ROAD AS DESCRIBED IN
THE STREET RIGHT-OF-WAY DEED TO CITY OF DENTON RECORDED IN VOLUME 4936, PAGE 1841 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS.
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OFA TITLE COMMITMENT. THERE MAY BE EASEMENTS NOT SHOWN THAT
AFFECT THE SUBJECT PROPERTY.
BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS WITHIN ZONE "x", AREAS DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YEAR OR
500 YEAR FLOORPLAIN AS SHOWN BY FIRM MAP COMMUNITY-PANEL NUMBER 4812100387 E, DATED APRIL 2, 1997. NO SURVEYING WAS
DONE TO DETERMINE THIS FLOOD ZONE. ?
I
SURVEYOR'S CERTIFICATE
1, BRAD G. SHELTON, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE GROUND THIS 19th DAY OF
OCTOBER, 2006 OF THE PROPERTY DESCRIBED HEREON AND THERE ARE NO (VISIBLE) ENCROACHMENTS,
17R OVE PPI OF IM VEMENTS, EXCEPT AS SHOWN HEREON.
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