2004-346' S:\Our Documents\Ordinances\04\Chavez Ordinance o f Necessity. DOC
ORDINANCE NO. daO4 - ,-~
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.0578 ACRE TRACT OR PARCEL OF LAND WITH FEE SIMPLE
TITLE VESTING IN THE CITY OF DENTON, TEXAS AND SAID REAL PROPERTY
BEING LOCATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330 IN THE
CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF A PARCEL
OF LAND CONVEYED TO ROSA LEE CHAVEZ BY DEED RECORDED IN VOLUME 676,
PAGE 369 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR ITS JUST COMPENSATION AND 1F SUCH OFFER IS NOT ACCEPTED,
AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE
PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF MUNICIPAL LANDFILL
FACILITIES AND IMPROVEMENTS, AND OTHER MI_?NICIPAL PURPOSES AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for the public purposes
described herein, with such fee simple title vesting in the City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by Julian Chavez
as a homestead interest, and Ronald Brown, Terry Brown, Wanda nell Harris aka Wanda
Donoto, Kermeth Howell, Kalxina Wilson, Kendra Howell and Keith Good, as to a remainder
interest ("Owners"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Public necessity exists and public welfare and convenience require the
acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that
certain tract or parcel of land containing approximately 1.0578 acres, together with
improvements thereon and appurtenances thereto as more particularly described in Exhibit "A"
and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the
"Property"). The Property is being acquired for expansion of the Denton Municipal Landfill
facilities and operations and other municipal p,urposes.
SECTION 3. The City Council finds that $72,000.00 (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said sum is based on
an independent appraisal obtained by the City. The City Manager or his designee is hereby
authorized and directed to make an offer for the Property to the owner of the Property in the
amount of the Compensation.
SECTION 4. In the event the offer as described in Section 2 is refused or not accepted
by the owner of the Property, the City Attorney or his designee is hereby authorized and directed
to file the necessary condemnation proceedings or suit and take whatever action that may be
necessary against the Owner and any other parties having an interest in the Property to acquire
fee simple title in the Property for the purposes described in Section 1 above, with such fee
simple title vesting in the City of Denton.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemnation.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ ~/~Lt~ day of ~~ 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
Page 2
Exhibit A
DESCRIPTION OF PROPERTY:
SITUATED in the City of Denton, Denton CountY, Texas
being a tract of land out of the Gideon Walker surVey,
Abstract No. 1330, said tract being a portion of that parcel of
land conveyed to ROsa Lee Chavez by deed as recorded in
Volume 676, Page 369 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), said tract being .herein more
particularly described by metes and bounds as follows:
BEGINNING at a ~' capped iron rod at the southwest
property corner of the said Chavez tract being herein.
described, said point being the northwest property corner of
a tract of land conveyed to the City of Denton by'deed as
recorded in Denton County Clerk's File No. 96-0034339
(D.C.C.F'.No.), said point als°:being on the existing easterly
right-of-way of South Mayhill Road;
THENCE, North 4 degrees 06 minutes 39 seconds EaSt,
along the west property line of the said Chavez tract and
along the said' right-of-way line of South MaYhill R°ad,
150.12 feet to the northwest corner of the herein described
tract;
THENCE, South 88 degrees 14 minUtes 03 seconds East
304.97 feet to the northeast property corner of the herein
described tract, said point being on the west property lin.e of
· a tract of land conveyed to the City of Denton by deed as
recorded in D;C.C;F.'No. 96-0021132;
THENCE, South 2 degrees 24 minutes 40 seconds West,
along a easterly property line of the said ChaveZ tract and
along a westerly property line of the said City of Denton tract
(96-0021132), 233.11 feet to a %" capped iron rod found at a
southeast property corner of the said Chavez tract, said'
pOint being the northeast property corner of the said City of
Denton tract (96-0034339);
THENCE, North 88 degrees 14 minutes 03 secOnds West,
along the southerly property line of the said .Chavez tract and
along the north property line of the said City of Denton tract
(96-0034339), 309.42 feet to the. POINT. OF BEGINNING;
The tract of land being herein described contains 1.0578 '
acres (46,078 Sq. Ft.) of land.
I DO HEREBY CERTIFY THAT THE ABOVE LEGAL
DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE
SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Compar~y Name: Spooner and Associates, Inc.
By:-~~~~:~
Shaun Spoo~rer
Registered Professional Land SurVeyor,
Texas No. 4183
Date: 12-15-03
Exhibit B
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