2002-185S:\Our Doeuments\Ordinanees\02\Condernnation Ordinance Parcel 3.doc
ORDINANCE NO.
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.807 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON
AND A DRAINAGE AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.036
ACRE AND THREE TEMPORARY CONSTRUCTION, GRADING, AND ACCESS
EASEMENTS CONTAINING APPROXIMATELY 0.089 ACRE, 0.124 ACRE AND 0.028
ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN STEPHEN A. VENTER
SURVEY, ABSTRACT NO. 1315 IN THE CITY OF DENTON, DENTON COUNTY TEXAS
AND BEING PART OF A TRACT OF LAND CONVEYED TO GARY JAY MADRIGAL BY
QUITCLAIM DEED RECORDED IN VOLUME 4155, PAGE 1004, DEED RECORDS OF
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE
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
CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS;
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, utihty and related improvements; and
WHEREAS, the hereinafter described property is believed to be owned by Gary Jay
Madrigal ("Owner"); 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 the following:
fee simple title for street purposes, with such fee simple title vesting in the City of
Denton in that certain tract or parcel of land containing approximately 0.807 acre,
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 and access easement in the name to the City of Denton, Texas in, over and
across that certain tract or parcel of land containing approximately 0.036 acre as more
particularly described in Exhibit "A", attached hereto and made a part hereof by reference
(the "Drainage Easement") and as depicted on Exhibit "B", attached hereto and made a
part hereof by reference; reserving unto the owner of said property the right to us the
surface for parking and for driveway access to and from the adjacent public street.
three temporary construction, grading and access easements in the name of the City of
Denton, Texas in, over and across those certain tracts or parcels of land containing
approximately 0.089 acre, 0.124 acre and 0.028 acre, respectively, as more particularly
described in Exhibit "C" attached hereto and made a part hereof by reference (the
"Temporary Construction, Grading and Access Easements") and as depicted on Exhibit
"D", attached hereto and made a part by reference, to use for access, staging, and
placement of materials, equipment and supplies in conjunction with construction
activities for the construction and installation of Drainage Utility Easement and the
Hickory Creek 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 fi: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 Easements are hereinafter collectively called the "Property".
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 in the amount of the fair market value, including damages to the
rema'mder, if any, as determined by an independent appraisal obtained by the City.
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 for street purposes in the Property, with such fee simple title vesting in the City of Denton
and to acquire the Dra'mage Easement and Temporary Construction, Grading and Access
Easements.
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.
Page 2
PASSED AND APPROVED this thc
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 3
EXrllIIIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 3
BEING a strip of land located in the S~Phen'A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of lend conveyed to Gary Jay
Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of
Denton County, Texas, said strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at a found P.K. nail at the northeast comer of said Madrigal Tract, also
being the northwest comer of a tract of land conveyed to the City of Denton, Texas by
affidavit and deed recorded in Volume 4647, Page 3456 of said Deed Records, said point
being in Hickory Creek Road;
THENCE S 3°10'29'' W, with the common line between said Madrigal Tract and said
City of Denton Tract' a distance of 48.08 feet to a 5/8 inch capped iron rod (TNP) set on
the proposed new south right-of-way line of said Hickory Creek Road;
THENCE with said new right-of-way line, with the following courses and distances:
S 89°51'30" W, a distance of 279.57 feet to a set 5/8 inch capped iron rod (TNP);
S 81019'39'' W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TN-P);
S 89°51'30" W, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP);
N 73026'33" W, a distance of 52.20 feet to a set 5/8 inch capped iron rod (TNP);
S 89°51'30" W, a distance of 67.32 feet to a 5/8 inch capped iron rod (TN'P) set
on the west line of said Madrigal Tract' also being the original east line of
Hickory Creek Ranch, shown by plat recorded in Cabinet S, Page 241, Plat
Records of Denton County, Texas;
THENCE N 0°51'21" W, with said line, departing from said new right-of-way line,
passing a found 1/2 inch iron rod at 11.69 feet, in all a distance of 50.00 feet to the
northwest comer of said Madrigal Tract, in Hickory Creek Road;
THENCE S 89°57'57'' E, a distance of 650.30 feet to the Point of Beginning and
containing 0.807 acre of land of which 0.557 acre is included in the existing prescriptive
fight-of-way, leaving a remainder of 0.250 acre of land more or less.
DRAINAGE AND ACCESS EASEMENT
BEING a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay
Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of
Denton County, Texas, said strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at a poim at the intersection of the west line of said Madrigal Tract with the
proposed new south right-of-way line of Hickory Creek Road, previously described
above, said point being S 0°51'21" E, a distance of 50.00 feet from the northwest comer
of said Madrigal Trot and .al. so being S 0°51'21" E, 11.69 feet from a found 1/2 iron rod
in the west line of smd Madrigal Tract; ' .'. ~:' ' · i'
THENCE N 89°51'30" E, with said proposed new south right-of-way line, a distance of
29.95 feet;
THENCE S 15°08'33'' W, departing said right-of-way line, a distance of 108.65 feet to a
point on the west line of said Madrigal Tract;
THENCE N 00°51'21" W, with said line, a dismuce of 104.82 feet to the Point of
Beginning and containing 0.036 acre of land.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 85).
See Exhibit B for map.
Exhibit B
MAP SHOWING PROPOSED
RIGHT-OF-WA Y ACqUISITiON
AND DRAINAGE AND ACCESS EASEMENT
C/tv of Denton, Denton County, Texas
CHAUCER ESTATES
PHASE II
CAB. $, PG. 274
NOTES:
32
__~ 2
CONNELL ADDITION
FAMILY TRUST;
GEORGE T. CONNELLo JR. cc · 9~-oo~6~o
~ICKORY CREEK ROAD
ar=r.~o' ~ ~..~.~' PARCEL ,.T ROW
DRAINAGE AND ~ I ¢,
ACCESS £ASEIdENT I r ~%'~
~. 429, P~ 46~ (RE~ DEED) ~ ~IAL~N E. M~EflI~ ET UZ
1. Bearings ore bused on the Texas Stats Coordinate
System, No~th Centrel Zone (NOd
EXHIBIT
PARCEL J
0 200 400 600
TEAGUE NALL AHD PERKINS
Date:
II
TEMPORARY CONSTRUCTION EASEMENTS
PARCEL 3
BEING three strips of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Gary Jay
Madrigal by quitclaim deed recorded in Volume 4155, Page 1004, Deed Records of
Denton County, Texas, said strips of land being more particularly described by metes and
bounds as follows:
TEMPORARY CONSTRUCTION EASEMENT NO. 1
BEGINNING at a point on the west line of said Madrigal Tract, said point being
S 00°51 '21" E, 154.82 feet from the northwest comer of said Madrigal Tract;
THENCE N 15008'33'' E, with the easterly line of a proposed Drainage and Access
Easement, a distance of 108.65 feet to a point on the proposed new south right-of-way
line Hickory Creek Road;
THENCE N 89°51'30" E, with said line, a distance of 25.92 feet;
THENCE S 15o08'33" W, a distance of 202.68 feet to a point on the west line of said
Madrigal Tract;
THENCE N 00°51'21" W, a distance of 90.71 feet to the Point of Be~nning and
containing 0.089 acre of land more or less;
TEMPORARY CONSTRUCTION EASEMENT NO. 2
BEGINNING at a point on the prol:~sed new south fight-of-way line Hickory Creek
'Road, said point being S 03o10'29'' W, 48.08 feet, $ 89°51'30" W, 279.57 feet ~d
S 81019'39" W, 10.00 feet from a found P.K~ nail at the northeast comer of soid .Madrigal
Tract;
THENCE S 00°08'30" E, a distance of 33.52 feet;
THENCE S 89°51'30'' W, a distance of240.11 feet;
THENCE N 00°08'30'' W,.a distance of 20~00 feet to a set 5/8 inch capped iron rod
(TNP) on said proposed new south right-of-way line of Hickory Creek Road;
THENCE with said right-of-way, with the following courses and distances:
bi 89°51'30" E, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TN'P);
N 81°19'39" E, a distance of 91.12 feet to the Point of Beginning and containing
0.124 acre of land more or less;
TEMPORARY CONSTRUCTION EASEMENT NO. 3
BEOINNING at a point on the proposed new south right-of-way line Hickory Creek
Road, said point being S 03°10'29'' W, 48.08 feet and S 89°51'30" W, 150.00 feet fxom
a found P.K. nail at the northeast comer of said Madrigal Tract;
THENCE S 00°05'30" E, a distance of 30.00 feet;
THENCE S 89051'30'' W, a distance of 40.00 feet;
THENCE N 00°0g'30'' W, a distance of 30.00 feet to a point on said proposed new south
right-of-way line of Hickory Creek Road;
~CE lq $9°51 '30" E, a distance of 40.00 feet to the Point of Beginning and
containing 0.028 acre of land more or less;
Bearings are based the Texas State Coordinate 5'~stem, North Central Zone (NAD 83).
See Exhibit B for map.
MAP SHOWINO PROPOSED
TEMPORARY CONSTRUCTION £ASEMENT~
C/tv of Denton, Denton County, Texas
24
HICKORY CREEK ROAD TEMPORARY
(VARI,4GL6 V4Gm ROW) EASEMENT NO.
~MP~ARY CONS~UC~ON
EASEMENT.NO. ~ (o. o28
DRAINAGE · ACCESS EASEMENT
~MPORARY CONS~UC~ON
~ASEMENT NO. ~ (o.~9 ~)
GARY JAY MADRIGAL
vOL, 41~5, PG. 1oo4o CQUITC~AIM)
VOL. 42§, .DO. 467, (R£F, D£ED)
CITY OF DENTON
VOL. 4647, PC*. 34,56
NO'lES:
PARCEL
Dote:
N
0 I00
I I
200 300
I 1
TEAGUE NALn AND PERKINS
(al;)
'11
II