2003-161O ANCENO. /
CONSIDER ADOPTION OF AN ORDINANCE DECLARING A PUBLIC NECESSITY
EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES
THE TAKING AND ACQUIRING OF AN APPROXIMATE 5.00 ACRE TRACT OR
PARCEL OF LAND IN FEE SIMPLE FOR DENTON MUNICIPAL AIRPORT
EXPANSION PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF
DENTON AND SAD PROPERTY BEING LOCATED IN THE JOHN SCOTT SURVEY,
ABSTRACT NUMBER 1222 IN DENTON COUNTY, TEXAS AND BEING OUT OF
THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED FROM LARRY FRANK,
TRUSTEE TO ED WOLSKI, TRUSTEE RECORDED IN VOLUME 2886, PAGE 224 OF
THE REAL PROPERTY 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 IF SUCH OFFER IS
REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE
THE PROPERTY FOR DENTON MUNICIPAL AIRPORT EXPANSION 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 the following:
a. Fee simple title for Denton Municipal Airport expansion purposes, with such fee
simple title vesting in the City of Denton that certain tract or parcel of land
containing approximately 5.0 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"); and
WHEREAS, the Property is believed to be owned by Ed Wolski, Trustee and/or Craig P.
Moore Trustee ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The finding and recitations contained in the preamble of tkis ordinance are
incorporated herein by references, Public necessity exists and public welfare and convenience
require the acquisition of fee simple title in and to the Property for Denton Municipal Airport
expansion purposes.
SECTION 2. The City Council finds that there is a public necessity and public need to
acquire the Property in the size, scope, width, and dimensions of the Property and for the
purposes stated in this ordinance.
SECTION 3. The City Manager or .his designee is hereby authorized and directed to
make an offer for the Property to the Owner in an amount equal to fair market plus damages to
the remainder of the Property, if any, as determined by an independent appraisal prepared at the
direction of the City Manager, or his designee (the "Offer"). The City Council finds that the
Offer represents just compensation due the Owner for the Property.
r
SECTION 4. In the event the offer is 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 for street purposes in
the Property, 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.
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PASSED AND APPROVED this the ,~ day of (~d4~.~ , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
.EP ERT L. PROUT¥, CITY ATTO ' ¥
Page 2
EXHIBIT A
TRACT C
FIELD NOTES to all that certain tract of land situated in the John Scott
Survey Abstract Number 1222 in the City and County of Denton Texas end
being all of the called 5.000 acre tract described in the deed from Larry
Frank, Trustee to Ed Wolski, Trustee recorded in Volume 2886 Page 224 of
the Real Property Records of Denton County, Texas as recognized end
occupied on the 9round; the ~ubject tract bein9 more particularly described
as follows;
BEGINNING for the Northwest corner of the tract being described herein at a
capped iron rod set for the Northwest corner of said 5.000 acre tract on
the East side of Masch Branch Road, near it's intersection with Jim Christal
Road to the North;
THENCE North 89 Degrees 58 Minutes 45 Seconds East with the North line
of sQid tract along and near the South side of said Jim Christal Road part·
of the way a distance of 550.00 feet to o copped iron rod set for the
Northeast corner of said 5.000 acres;
THENCE South with the East line thereof o distance of 596.02 feet to o
found 1/2" iron rod for the Southeast corner of said 5.000 acres;
THENCE South 89 Degrees 58 Minutes 52 Seconds West with the South line
of said 5.000 acres o distance of 550.00 feet to o capped iron rod set for
the Southwest corner of said tract on the East side of said Mosch Branch
Road;
THENCE North with the West line of said tract along said 'Road a distance of
596.00 feet to the PLACE OF BEGINNING and enclosing 5.00 acres of land.
FLOOD STATEMENT: I have examined the F.E.M.A. Flood Insurance Rate Map for
Denton County, Texas, Community Number 480774, effective date 4-2-97 and
that map indicates that part of this property is within "Non-Shaded Zone X"
defined as "Areas outside 500,,-year flood" and part of this prop,,erty is within
"Shaded Zone AL" defined as Base flood elevations determined"as shown on
Panel 555 E of said map.
ALTA/ACSM LAND AND TITLE SURVEY
To the City of Denton, Texas, and Ed Wolski, Trustee, and Virginia Fryman, and
TexasTitle Insurance Company:
This is to certify that this map or plat and survey on which it is based were
made (1) in accordance with "Minimum Standard Detail Requirements for
ALTA/ACSM Land Title Surveys" jointly established and adopted by ALTA and
ACSM in 1992, and includes items 1,2,5,4,5,7(a), 7(b), 7(c), 8,9,10,11, and 15 of
Table A thereof, and (2) pursuant to the Accuracy Standards (as adopted by
ALTA and in'effect on this date of this certification) of an insert Urban Survey.
Note: Bearings ore based on control monuments found on the subject
tract end Wolski tract.
NOTE: Only the following easements supplied to me h~ve been reviewed
end ~re ~ddressed ~s fallows:
Volume 508 Page 592 end Volume 888 Page 418 to Tex~s Power ~nd
Light ~ffect by ingress-egress. P ge 2 of 2
EXHIBIT B
28.6'
House Detell
N.T,S.
C T '~ B~
~ k < LEGEND
laO 0 1~0 ~40 360
P~ge 1 of 2