2003-188~ ' S:\Our Documents\Or din anees\0 3~Sp eneer Road - Bailey - Condemnation.doe
ORDINANCE NO. d£P.4-/gp
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.095 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 DEED TO
CHARLES E. BAILEY RECORDED UNDER CLERK'S FILE NUMBER 98-R0035413 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 JIJST 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 right-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 Charles E.
Bailey ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings 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
certain tract or parcel of land containing approximately 0.095 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 "Property"). The Property is being acquired for street, utility and right-of-way
purposes.
SECTION 3. The City Council finds that $15,077.00 (the "Compensation") is just
compensation for the Property including damages to the remainder, if any, said stun 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.
approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its passage and
/r~ day of ~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .. !,~ ,..ry.4.,) ....
AP~OVED ~t~O L~EG2 FOR~VI:
HERBERT L. PROUTY, CITY ATTORNEY
BY: '~~/~
Page 2
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DENTON
£XItlBIT'B'
Legal DescrJptJan far a
ntrJp uf lu#d out of the
/V/Afl Y L. AUSTIN S UII VEY A.4
Denton, Denton County, Texan
Being o# that certain tracC parcel, or strip of/and out of the MARY L. AUSTIN SURVEY A.4, in the City of Denton, Denton County,
Texas, described by deed recorded in County Clerks File #98.R0£$5413, Denton County, Texas, and being more particularly described os
follows:
BEGINNING at a foundl/2"iron rod for the northeast corner of LOT I, RLO£K A, THE WAT£1~/:OflD AT SPENCER OAKS, an add/t/on
to the City of ~enton, Denton County, Texas, according to the plat thereof recorded in Cab/net ~ S//de 22& P/at ~ecords, ~enton
County, Texas, said #on a/so be/ag in the sout~ dght.o~way line of ~pencer ~oad and having Texas Coordinate System, No~h Central
Zone, ~983.~ coordinates nix = 23~6~5L43, ~ - 7~20833.50 feet;
THENCE: w/th said ex/sting north right-of-way//ne, North 85~7 ' 28' East a d/stance of 390.65 feet to a I/2" iron rod found for the
northwest corner of D£NTON CROSSING, an addition to the City of Oentco, Denton County, Texas, according to the p/at thereof
recorded in Cab/net U, SI/de 5£8, P/at Becords, Denton County, Texas;
T/fENCE: with said west//ne, South 01°27' 50" East, 25.83 feet to a 5/8"iron rod set for corner;
THENCE: leaving said west//ne, North 88°I 1 '13" West a d/stanco of 231.46 feet to a 5/8" iron rod set for the beginning of tangent
curve to the/eft, having a delta of 5° 57 23", ands radius of 860.00 feet;
THENCE: a/on# said curve to the left for an arc d/stanco of 88.46 feet to a 5/8"iron rod set for the end of said curve;
TN£NCE: South 84°51' 24" West a ~istance of EE. 7~ feet to ~ ~/~" iron rod set for corner in the east gne
WATEeFO~O AT SPENCEE OAKS, an addition to the City of Eentofl, Eenton County, Texas, according to the p/at thereof recorded
Cabinet ~ S/i~e 22C P/at ~ecords, Eenton County, Texas;
THENCe' wit~ said east line, North O0055' 38" West, a d/stance of 3.50 feet to the POINT OF ~EGI~I~G and CONTAINinG 0.095
acfes of/an~ more of/ess as surveyed by jo~n nall jr. rp/s ff ~ 970 during t~e months of June and July 2002.
BEARINGS, D/stances, and Coordinates shown hereon are grid per the Texas Coordinate System, No/?h Central Zone, 1883.1888
datum. To obtain surface d/stances, multiply by 1.00815450 the d/stances shown. Areas shown are surface.
See attached Survey Sketch jnj. L.OO73r;
"Dedicated to Quality Service"
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