2003-184S:\Our Doeuments\Ordinanees\03Kgpencer Road-Bickley42ondernnation.doc
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.357 ACRE TRACT OR PARCEL OF LAND AND AN
APPROXIMATE 2.152 ACRE TRACT OR PARCEL OF LAND BOTH IN FEE SIMPLE FOR
STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE
NAME OF THE CITY OF DENTON, AND A DRAINAGE EASEMENT CONTAINING
APPROXIMATELY 0.226 ACRE AND A TEMPORARY CONSTRUCTION EASEMENT
CONTAINING APPROXIMATELY 0.309 ACRE, ALL SAD TRACTS BEING LOCATED
IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY,
TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A
DEED TO ALEX N. BICKLEY RECORDED IN VOLUME 987, PAGE 548 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 IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY
ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET, UTILITY AND RIGHT-
OF-WAY PURPOSES, DRAINAGE EASEMENT PURPOSES, AND TEMPORARY
CONSTRUCTION EASEMENT 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 street purposes, with such
fee simple title vesting in the City of Denton in the hereinafter described land for the public
purpose of constructing street, drainage, utility and related improvements; and
WHEREAS, the hereinafter described property is believed to be owned by Alex N.
Bickley ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings 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 the following:
fee simple title for street purposes, with such fee simple title vesting in the City of
Denton in those certain tracts or parcels of land containing approximately 0.357 acre and
2.152 acre respectively, 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 "Right-of-Way Property").
a drainage easement for drainage purposes in the name to the City of Denton, Texas in,
over and across that certain tract or parcel of land conta'ming approximately 0.226 acre as
more particularly described in Exhibit "C", attached hereto and made a part hereof by
reference (the "Drainage Easement") and as depicted on Exhibit "D", attached hereto and
made a part hereof by reference;
a temporary construction, grading and access easement in the name of the City of Denton,
Texas in, over and across those certain tracts or parcels of land containing approximately
0.309 acre as more particularly described in Exhibit "E" attached hereto and made a part
hereof by reference (the "Temporary Construction, Grading and Access Easement") and
as depicted on Exhibit "F", attached hereto and made a part by reference, to use for
temporary construction, grading and access in conjunction with construction activities
required by the Spencer Road Paving, Drainage and Utility Improvements (the
"Construction Activities"), with said Temporary Construction, Grading and Access
Easement expiring upon the completion of the Construction Activities or two years t~om
the date the City of Denton takes possession of the Temporary Construction, Grading and
Access Easement property, which ever occurs first.
The Right-of-Way Property, Drainage Easement and Temporary Construction, Grading and
Access Easement are hereinafter collectively called the "Property".
SECTION 3. 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 4. The City Council finds that $83,651.00 (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said sum being 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 5. In the event the offer as described in Section 3 is refused 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 Right-of-Way Property, with such fee simple title vesting in the
City of Denton and to acquire the Drainage Easement and Temporary Construction, Grading and
Access Easement.
SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and
approval.
Page 2
PASSED AND APPROVED this the
/~ ¢ dayof (~/~
,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 3
DENTON
EXHIBIT "A'-TRACT 1
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City
of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records,
Denton County, Texas, and more particularly described as follows;
BEGINNING at a 1/2" iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract
described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having
Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41feet;
THENCE: with the said common line, N 03° 21' 24" E, a distance of 33.31 feet to a 5/8" iron rod set for a
corner;
THENCE: S 87° 56' 09' E, a distance of 216.24 feet to a point for a corner in the west line of that tract
described by deed recorded at County Clerks File No 97-R-043235; from which a 5/8" iron rod set forthe
beginning ora curve bears S87'56'09'E, 15.0 feet;
THENCE: with the said line, S 01 o 1 I' 39" E, a distance of 64.48 feet to a point for comer in the south line
of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County,
Texas;
THENCE: with the said south line, S 88° 37' 02" W, a distance of 222. 06 feet to a point for corner, and the
southwest comer of said tract;
THENCE: N 03° 21' 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING
0.357 acres of land, more or less as surveyed by john nail jr rpls #1970 during the months of June and
July 2002.
Bearings, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North
Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances
shown. Areas shown are surface.
See attached Survey Sketch jnj. S-0009 lr
v~ rms~L-0072 E8 Bickley 45 acre Tr-l.d,g.c. .............
- taemcarea to [duaury vervlce
~._ www. cityofdenton.com
DENTON
EXHIBIT "A'-TRACT 2
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or atdp of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County,
Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, and moro particularly
descdbed as follows;
Commencing at a I/2" iron md found for the southeast comer of LOT l, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition
fo the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton
County, Texas, and in the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denlon
County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41feet;
THENCE: with t~e said common line, N 03° 21' 24" E, a distance of 33.31 feet to a 5/8" iron rod set for a corner;
THENCE: S 87' 56' 09" E, a distance of 231.28 feet to a 5/8" iron rod set for the beginning of a tangent curve to the left, having a
central angle of 07° 12' 27" and a radius of 2943.50 feet;
THENCE: with the said curve, an arc distance of 370.28 feet to a 5/8" iron rod set for the end of said curve;
THENCE: N 84° 51' 24" E, a distance of 107.31 feet to a 5/8" i~on rod set for the beginning of a tangent curve to the dght, having a
central angle of 05° 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98. 76 feet to a 5/8"iron rod set for the end of said curve;
THENCE: S 89* 11' 13" E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in
County Clerks File No. 97- R-043235 Real Proper~y Records. Denton County, Texas, and the POINT of BEGINNING:
THENCE: S 89* 11' 13" E, a distance of 124.04 feet to a 5~8"iron rod set for an angle point;
THENCE: N 89 ° 47' 15" E, a distance of 488.97 feet to a 5/8'iron rod set for an angle point;
THENCE: $ 89 ° 28' 20" E, a distance of 250.89 feet to a 5/8 "iron rod set for an angle point;
THENCE: S 89 ° 59' 15" E, a distance of 358.42 feet to a 5/8" iron rod set for a comer in the west line of that tract described by deed
recorded in Volume 561, Page 464, Deed Records, of Denton County, Texas;
THENCE: with the said common line, S 02 ° 07' 26" E, passing at 35. 6 feet a I/2" iron rod at a fence line feet lying 0.5 feet left of
line; passing at 60.0 feet the center of Spencer Road; in all a distance of 90.10 feet to a 1/2" iron rod found for Ihe southeast comer
of said tract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas;
THENCE: with the south line of said tract, N 88 ° 38' 14" W, a distance of 1125. 09 feet to a 1/2" iren rod found for an angle point;
THENCE: continuing with the said south line, S 88° 37' 02" W, a distance of 99.00 feet to a point for comer, and the southwest
comer of said tract;
THENCE: N 03° 21' 24" E, a distance of 68.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or
less as surveyed by john nall jr rpls #1970 dudng the months of June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are gdd per the Texas Coordinate System, Nodh Central Zone, 1983 -1999
datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See attachedSurveySketchjnj. S-O009 lr
072 E8 Bickley 45 acre Tr-2.c[g,c. ........
- I~ealcatea to ~dumity ~ervice
www. cityofdenton.com
DENTON
EXHIBIT "C"
Legal Description for a
Drainage Easement out of the
MARY L. AUSTIN SURVEY A.4
Dentan, Denton Caunty, Texas
8EIA/~ oil that certain parcel, tract, or strip of laud out of the MAR Y L. AUSTIN SURVEY A.4 in the City of Denton, Denton County, Texas described by
deed recorded JR Volume 987, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows;
UEDINNIN8 at the southeast corner of herein described tract of land, said go/vt also he/no JR the north right-of-way line of Spencer Road, aDd having
Texas Coordinate System, North Central Zone, ! 983. ! $££ coordinates of x - 2397884.50, y - 712892~ 90 feet, from which e found 5/8" iron rod for
the southwest corner of a tract of land described by deed recorded in Volume 581, Page 4E4, Deed Records, Denton County, Texas, bears South 8£°5£'
!5'East, 39Z95 feat;
THENCE with said north right.of, way line, No~tb 89 ~8'20" West a distance of 210.89 feet to a po/ut for unfree
THENCE leaving said north right.of, way liRe, North §g°3[ '40" East a d/stance o/2!.00 feet to a po/et for cornet
THENCE North 45°31 '40" East a distance of 42.43 feet to afl angle po/ncc
THENCE South 89 ~R'20" East a distance of !50.89 feet to an angle point;
THENCE South 44 ~R'20" East a d/stance of 42.43 feet to an angle point;
TNENDE South 00~!'40" East a distance of 2LEO feet to tbs POINT OF SEG/NN/NG and CONTAIN/NE 0.228 acres of land, mote or less as
surveyed by john hal/jr, rp/s # !970 during tho month of June and July 2002.
REARINGS, Distances, and Coordinates shown hereon ara grid par the Texas Coordinate System, Nmt/~ Central Zone, i£g3 -!$£9 datum. To obtain
surface distances, touR/ply by !.00§[5450 t#o distances shown. Areas shown ora surface.
See attached Survey Skotcb /ob I.O08g;
"Dedicated to Quality Service.
www. cityofdenton.com
DENTON
EXHIBIT
Legal Ceacript/en for a
Canstr#etJan Easema#t nut af the
MARY L. AUSTIN SURVEY A.4
Denton, Denton County, Texas
BEING ell that eerte/n #areal, tract, et strip ef land out of the MARY L, AUSTI~ SURVEY A.4 /n the City of Denton, Denton County, Texas descrJb~
deed recorded in Volume 98~ Pace 54~ ~eed Recmds, ~enton Count~ Texas, and more pa~icu/ar/y described as fo/lows;
B~G/NN/NG at t~e ~outhea~t cofne~ of ~erein described tract of /an~ said #on ~od a/so being in t~e ~o~t~ right.of, way/ioe o/Spence~ Boa~ and
Texa~ Con,d/note System, ~o~ Cenffa/ Zone, f 983.~ 99~ cored/nates of x - ~3~730~5~ y - 7~2092~3 feet, I~om w~ic~ a found ~/8"iron ~od
the eouthwest comer of a tract of/and described by deed recorded in Volume 5~ C Page 46~ Oeed Records, Oenton County, Texas, bears South 89°59'
rS"East, 397.95 feeC
THENCE with ~a/d no~h right.of, wa~ line, ~o~h 89°~'20' West a distance of 4~.0~ feet to a point for
TH~NC~ leaving said no~t~ dght-oFway line, ~mth 0~°~ '40" East a distance of 21.~0 feet to a point fof corner;
THENCE No~h ~4°~" West a distance of 42. ~ feet to an angle po/nC
THENCE ~o~h 89"~'20' West a d/st~nce of 150.89 feet to an angle point;
TffEN~E South ~5~ ~ '30' West a distance of 42.~ feet to an angle po/nC
THENCE South 00~1 '40" West ~ distance of 2LO0 feet to a point fo~ cmnm in said north dght-oFway line;
THENCE with said no~h dght.oFway line, ~orth 89=~'~ 5" West a distanoe of 2~ O0 feet to a point fof cmnec'
T~ENCE leaving said north rig~t.oFway line, North ~0~ '4~" East a distanoe of ~L 32 feet to a point for cmnm;
T~ENCE South 89~" East a distance of 22~89 feet to an angle point;
THENCE South 34~0'~" East a distance of ~.90 feet to an angle po/nC
THENCE South OOO~'47" West a distance of 2~.~0 feet to the POINT OF ~EGINNING and CONTAIfflN6 0.3~3 acre= of/~n~ more m/ess
surveyed by john hal/jr, rp/s ff ~ 970 during the month of June and July 2002.
~EARING~ ~istances, and Coo~inates shown hereon me grid per the Texas Coordinate Syste~, Ninth Central Zone, ~983 .1999 datum. To obtain
surface distance~, multiply by L ~0~5~5~ the distances shown. Areas shown are
~ _ ' Const Es/nt.#oc
See attached Survey Sl~etch jnj l.O0£1;
"Dedicated to Quality Service"
www. cityofdenton.com
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