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
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EXHIBIT B
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