2003-185.- . S:\Our Documents\Ordinances\03~Spencer Road - Atkins - Condemnation.doc
ORDIN CE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.075 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE
NAME OF THE CITY OF DENTON AND SAID PROPERTY 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 CORRECTION
DEED TO RONALD WEST ATKINS AND WIFE, BARBARA ATK1NS RECORDED
UNDER CLERK'S FILE NUMBER 97-R0043235 IN 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 STREET, UTILITY AND RIGHT-
OF-WAY 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, utility and fight-of-
way purposes, the real property described herein below, with such fee simple title vesting in the
City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by Ronald West
Atkins and wife, Barbara Atldns ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The f'mdings 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 fee simple title, with such fee simple title vesting in the City of Denton in that
certa'm tract or parcel of land containing approximately 1.075 acre located in Denton County,
Texas, together with improvements thereon and appurtenances thereto as more particularly
described in Exhibit "B" and illustrated in Exhibit "A", attached hereto and made a part hereof
by reference (the "Propertf'). The Property is being acquired for street, utility and right-of-way
purposes.
SECTION 3. The City Council finds that $57,290.00 (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 4. 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 in the Property for the purposes described in Section 2 above, 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 the 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 /'~5~ dayof
2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
DENTON
EXHIBIT 'B'
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;
Commencing at a 1/2" iron md 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 andy = 7120881.41feet;
THENCE: with the said common line, N 03 ° 21' 24" E, a distance of 33.31 feet to a 5/8" iron md set for a comer:
THENCE: S 87° 56' 09" E, a distance of 216.24 feet to a point for a comer; in the west line of that tract described by
deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT
OF BEGINNING:
THENCE: N 87° 56' 09" E, a distance of 15.04 feet to a 5/8" iron rod set for 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 set for the end of said curve;
THENCE: N 84° 51' 24" E, a distance of 107.31 feet to a 5/8" iron rod set for the beginning of a tangent curve to the
right, 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 feat 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 Property Records, Denton County, Texas;
THENCE: with the said line S01 ~l 1'39"E, a distance of 68.02 feet to a point for a comer in the south line of the tract
described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas;
THENCE: with the said line, S 88° 37'02'1/V, a distance of 719.85 feet to a point for a comer;
THENCE: N 01°11' 39" W, a distance of 64.48 feet to the POINT OF BEGINNING and CONTAINING 1.075 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
_ Aa(ins 10 acre.doc
See attached Survey Sketch jnj. S-O009 3r
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