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2003-162ORDINANCE NO. ~0~3 -//~ 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 11.441 ACRE TRACT OR PARCEL OF LAND IN FEE S1MPLE FOR DENTON MUNICIPAL AIRPORT EXPANSION PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BE1NG LOCATED 1N 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 G.C. LEDYARD, JR., TRUSTEE TO ED WOLSKI, TRUSTEE AND VIRGINIA FRYMAN RECORDED IN VOLUME 2895 PAGE 470 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 1N 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 11.441 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 Virginia Fryman ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The finding and recitations contained in the preamble of this 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. 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. PASSED AND APPROVED this the ,.fl/~-C~ day of 2~--, ,2003. EULINE BROCK, MAYOR ATTEST: JENNIlVER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 EXHIBIT A TRACT B FIELD NOTES to all that certain tract of land situated in the d. Scott Survey, Abstract Number 1222 in the City and County of Denton Texas and being a part of the called 125.6898 acre tract described in the deed from G.C. Ledyard, dr., Trustee to Ed Wolski, Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records of Denton County, Texas; the subject tract bain9 more particularly described as follows; BEGINNING for the Northwest corner of the tract being described herein at a P.K. nail set for the most Northerly Northwest corner of said 125.6896 acre tract in dim Christal Road in the apparent North line of said Survey at the Nor(heast corner of a called 5.000 acre tract III described in the deed to Ed Wolski, Trustee recorded in Volume 2886 Page 224 said Real Property Records; THENCE North 89 Degrees 58 Minutes 45 Seconds East with said North line in said Road a distance of 207.40 feet to a P.K. nail set for the Northeast corner of the herein described tract; THENCE South 08 Degrees ,37 Minutes 50 Seconds West a distance of 1089.00 feet to a capped iron rod set for the Southeast corner of the herein described tract, in the North line of a called 16.174 acre City of Denton tract described in the instrument filed under Clerk's File Number 94-R0071011 Real Property Records; THENCE North 89 Degrees 52 Minutes 56 Seconds West with the North line of said 16.174 acres a distance of 578.22 feet to a capped iron rod set on the'East line of Masch Branch Road; THENCE North O0 Degrees 02 Minutes 12 Seconds East along the East line of said Road a distance of 679.15 feet to a capped iron rod set for the Northwest corner of the herein described tract and in the South line of said 5.00 acre tract; THENCE North 89 Degrees 58 Minutes 52 Seconds East with the South line thereof a distance of 555.80 feet to a found ~" iron rod for the Southeast corner of said 5.000 acres; THENCE North with the East line thereof a distance of 396.02 feet to the PLACE OF BEGINNING and enclosing 11.441 acres of land. NOTE: Only the following easements supplied to me have been reviewed and are addressed as follows: Volume 308 Page 592; Volume 888 Page 418 to Texas'Power and Light affect by ingress egress. Note: bearings based on control monuments found on the subject tract and Wolski tract. 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 property is within "Shaded Zone AE" defined as "Base flood elevations determined"as shown on Panel 355 E. of said map. ALTA/ACSM LAND TITLE SURVEY To the City of Denton, Texas, and Ed Wolski, Trustee, and Virginia Fryman, and Texas Title 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 ~!~ ':~, 5:4',? -.';' , 1,2,3.4,5,7(a), 7(b) 7(c), P,,q,ln,l~, and 13 of Table A thereof, and ,'.'-¢.'*'~'..~..~t¢~ .' ~'~ :; (2) pursuant to the Accuracy Standards (as adopted by ALTA and in effect on this date of this certification) of an insert Urban Survey. KENNETH-'A. ZOE'[_INGEI~ R.P.L.S. No 5512 Date Page 2 of 2 ~l~ ..... I P,O. ]}OX §07 .~ u I ~UM, ~ 76249 EXHIBIT B 400' 0 400' 800' laO0' ~,. SITE 1' = 400' LEGEND ::~: ~ ~ h ~:~" "~* x~;,.''' ...... }' fl~,~, ~ ' 1 = 400 ' , ~~L~r~=mr~ ",.. ~'"~ .,3C,. 8~ ' ', , ~ .,~mm :1 / /N ~ J i1 [ ,. , , .,~' ./~, / / /' ,, /-.- / A~ i{ i i / / ,," ~'~ ~Page 1 of 2  -- ~ ~.o. ~OX ~o~ ..~ ,: