2003-033ORDNANCE NO. d OZ-
AN ORDINANCE DECLARING THAT A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A DRAINAGE EASEMENT CONTAINING APPROXIMATELY 0.881
ACRE, SUCH EASEMENT BEING OUT OF THAT CERTAIN REAL PROPERTY
CONVEYED TO W.J.O. MULLINS BY DEED RECORDED IN DENTON COUNTY
CLERK'S FILE NUMBER 97-R0083577 AND BEING SITUATED IN THE WILLIAM
BRYAN SURVEY, ABSTRACT NO. 148, IN DENTON COLrNTY, TEXAS; AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE
PROPERTY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED,
AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY
PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE EASEMENT;
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 a permanent drainage easement for drainage
purposes containing approximately 0.0881 acre of land as more particularly described in Exhibit
"A" and depicted on Exhibit "B", both of which are attached hereto and made a part hereof by
reference (the "Easement" or "Easement Property"); and
WHEREAS, the Easement Property is believed to be owned by W.J.O. Mullins
("Owner"); 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 by the City of Denton, Texas of the Easement for drainage purposes and the
Temporary Construction Easement for temporary construction purposes. The City Manager, or
his designee, is hereby authorized and directed to make an offer for the Easement in the amount
of $4,136.00 to the Owner of the Easement Property, which amount is based on an independent
appraisal prepared at the City's direction (the "Offer"). The City Council finds that the Offer
represents just compensation due the Owner for the Easement said Offer being fair market value
of the Easement and severance damages, if any, resulting from the City's acquisition of the
Easement.
SECTION 3. In the event the Offer is refused by the Owner, the City Attorney or his
designee is hereby authorized and directed to file the necessary condemnation proceed'rags or
suit and take whatever action that may be necessary against the Owner and any other parties
having an interest in the Easement Property to acquire the Easement in the name of the City of
Denton, Texas for the purposes set forth above.
SECTION 4. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Easement Property, then in that event, the City
Attorney or his designee is authorized and directed to join said parties as Defendants in said
condemation.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 4~ dayof ~~2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 2
Exhibit A
0.811 ACRE
DRAINAGE EASEMENT
WILLIAM BRYAN SURVEY, ABSTRACT NO. 148
CITY OF DENTON
DENTON COUNTY, TEXAS
BEING a tract of land situated in the William Bryan Sqrvcy, Abstract No. 148, Denton
County, Texas, and being part ora tract &land as described by depd to W. J. O. Mullins,
as recorded under County Clerk's File No. 97-R0083577 of the Re0,1 property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a point in the south line ofU. S. Highway No. 380, same point bears
North 88 degl'ees 23 nlinutes 45 secal~ds West, a distance of 165.93 feet from the
northeast comer of said Mullins tract;
THENCE South 00 degrees 10 minutes 19 seconds West, over an~ across said Mullins
tract, a distance of 503.75 feet to a point in the south line of said Mullirts tract, same
being in the nort~ li0e ora tract &land as described by deed to A. N. Bradford as
recorded in Volume 329, Page 496 of the ~eed Records of Denton County, Texas;
THENCE North 89 degrees 50 mj~lutes 00 seconds West, with tile south line of said
Mullins tract and the north line &said Bradford tract a distance of 70.00 feet to a point
for comer;
THENCE North 00 degrees 10 minutes 19 seconds East, ov9r and across said Mullins
tract, a distance of 505.51 feet to a point for corner in the south line ofsaid U. S.
Highway No 380;
THENCE South 88 degrees 23 minutes 45 seconds East, with the south line of said U. S.
Highway No. 380, a distance of 70.02 feet to the POINT OF BEGINNING and
containing 0.811 of an acre of land more or less.
Exhibil B
-1
S88'2J'4 5"E
70.02'
.~'~'r.~'~'',,
~o. ~ 0.811
7O.
'g, Pg. 498
~ O[onne AlMnson
(
,4. N. Bradford - Vol. J2g,
Vol. 688. P~. 329
DRAINAGE
EASEMENT EXHIBIT
O. 811 .ACRE
3~rTT, T, TAM BRYAN SURVEY,
ABSTRACT NO. 148
CITY OF DENTON
DENTON COUN'I~, TEXA~
rthur Surveying Co., Inc.
R~'Vl.g6o Fo R~FFL~Cr 11rI~ col~ltl~wivr 1/18/2001
DAlE ~/5/200! SCALE /" = leo' DRAWN BY: .14.8,4. CHECKED BY: ] kS.C. NO.: