2002-381S:\Our Documents\Ordinances\02\Chavez Condemnation Ordinance .doc
O O ANCE NO./
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 3.6469 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE
FOR MUNICIPAL LANDFILL EXPANSION PURPOSES, SUCH TITLE TO BE IN THE
NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE
G.WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON
COUNTY TEXAS, GENERALLY LOCATED ON THE EAST SDE OF MAYHILL ROAD
BETWEEN SPENCER ROAD AND FOSTER ROAD; 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 IN ORDER TO ACQUIRE THE PROPERTY
NECESSARY FOR THE PUBLIC PURPOSE OF DENTON MUNICIPAL LANDFILL
EXPANSION, AND OTHER MUNICIPAL 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 the public purposes
described herein, with such fee simple title vesting in the City of Denton; and
WHEREAS, the hereinafter described property is believed to be owned by the Rosa Lee
Chaves, as to a life estate, and Ronald Brown, Terry Brown, and Wanda Nell Harris, as to a
remainder interest ("Owners"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 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 3.6469 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"). The Property is being acquired for expansion of the Denton Municipal Landfill
facilities and operations.
SECTION 2. The City Council finds that $100,000.® (the "Compensation") is just
compensation for the Property including damages to the rema'mder, 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 Owners of the Property in the
amount of the Compensation.
SECTION 3. In the event the offer as described in Section 2 is refused by the Owners of
the Property, the City Attorney or his designee is hereby authorized and cFtrected to file the
necessa~ condemnation proceedings or suit and take whatever action that may be necessary
aga'mst the Owners and any other parties having an interest in the Property to acquire fee simple
title in the Property for the purposes described in Section 1 above, with such fee simple title
vesting in the City of Denton.
SECTION 4. 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 5.
approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its passage and
/~.~ day of ~~_~,~, 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY flI .4
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
SITUATED in the City of Denton, Denton County, Texas being a tract of land out of the
Gideon Walker Survey, Abstract No. 1330, said tract being a portion of that parcel of
land conveyed to Rosa Lee Chavez by deeds as recorded in Volume 385, Page 87,
Volume 676, Page 369 and Volume 676, Page 371 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), said tract being herein more particularly described by metes
and bounds as follows:
COMMENCING at a ½" capped iron rod at the southwest property comer of the said
Chavez tract, said point being the northwest property comer of a tract of land conveyed to
the City of Denton by deed as recorded in Denton County Clerk's File No. 96-0034339
(D.C.C.F.No.), said point also being on the existing easterly right-of-way of South
Mayhill Road;
THENCE, North 4 degrees 06 minutes 39 seconds East, along the west property line of
the said Chavez tract and along the said right-of-way line of South Mayhill Road, 150.12
feet to the POINT OF BEGINNING;
THENCE, North 4 degrees 06 minutes 39 seconds East, continuing along the said
property line and said right-of-way line, 146.36 feet to a point;
THENCE, North 88 degrees 21 minutes 07 seconds West 26.79 feet to a point on the
west line of the said Gideon Walker Survey, said point being at the approximate
centerline of South Mayhill Road;
THENCE, North 3 degrees 37 minutes 40 seconds East, along the west property line of
the said Chavez tract and along the said survey line, 118.49 feet to the northwest property
comer of the said Chavez tract;
THENCE, South 88 degrees 30 minutes 57 seconds East at 27.79 feet passing a RR-TIE
comer post at the southwest property comer of a tract of land conveyed to the City of
Denton by deed as recorded in D.C.C.F.No. 99-0088982, continuing in all 740.93 feet to
a 1/2" iron rod found at the northeast property comer of the said Chavez tract;
THENCE, South 2 degrees 02 minutes 53 seconds West, along a easterly property line of
the said Chavez tract and along a westerly property line ora tract of land conveyed to the
City of Denton by deed as recorded in D.C.C.F.No. 95-0072063, 180.40 feet to a RR-T1E
comer post at a southeast property comer of the said Chavez tract, said point being the
northeast property comer of a tract of land conveyed to the City of Denton by deed as
recorded in D.C.C.F.No. 96-0021132;
THENCE, North 88 degrees 53 minutes 11 seconds West, along a southerly property
line of the said Chavez tract and along the north property line of the said City of Denton
tract (96-0021132), 417.21 feet to a 3/8" iron rod found at the northwest property comer
of the said City of Denton tract (96-0021132);
THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of
the said Chavez tract and along a westerly property line of the said City of Denton tract
(96-0021132), 83.10 feet to a point on a north common property line of the remainder of
land conveyed to Rosa Lee Chavez by deed recorded in Volume 676, Page 369 of the
D.R.D.C.T.;
THENCE, North 88 degrees 14 minutes 03 seconds West, along the said common
property line, 304.97 feet to the POINT OF BEGINNING;
The tract of land being herein described contains 3.6469 acres (158,859 Sq. Ft.) of land.