2002-186S:\Our Documents\Ordinancesk02\Condemnation Ordinance Parcel 4.doc
O Om CENO. dO0 - /
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.043 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 SAID PROPERTY 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 ALVIN E. MEREDITH ET UX. BY DEED RECORDED
IN VOLUME 829, PAGE 474 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 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 pubhc 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 Alvin E.
Meredith et ux ("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 conta'ming approximately 1.043 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 "Property").
SECTION 2. The City Council finds that there is a public necessity and public need to
acquire 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
remainder, 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.
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.
PASSED AND APPROVED this the /~ dayof ~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
EXlimlT A
RIGHT-OF-WAY ACQUISITION
PARCEL 4
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 Alvin E.
Meredith et ux. by deed recorded in Volume g29, Page 474, Deed Records of Denton
County, Texas, said ~t~ip of land being more particularly described by metes and bounds
as follows:
BEGINNING at a found P.K. nail at the northwest comer of the remainder said Meredith
Tract, also being the northeast comer ofa ~act 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 N 89°53'01" E, with the north line of said Meredith Tract a distance of 883.60
feet to a point on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width
right-of-way);
THENCE S 1 °25 '24" E, with said fight-of-way line, a distance of 62.81 feet to a 5/8 inch
eapl~t 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 147.40 feet to a set 5/8 inch capped iron rod (TNP);
N 81 °36'39" W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TNP);
S 89°51'30" W, a distance of 640.39 feet to a 5/8 inch capped iron rod (TNP) set
on the common line between said Meredith Tract and said City of Denton Tract,
from which a found 1/2 inch iron rod at an angle point in said common line bears
S 3°10'22'' W, a distance of 531.74 feet;
THENCE N 3°10'22" E, with said line, departing from said new right-of-way line, a
distance of 48.26 feet to the Point of Beginnln$ and containing 1.043 acres of land of
which 0.722 acre is included in the existing prescriptive right-of-way, leaving a
remainder of 0.321 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83),
Exhibit ~:~
MAP SHO~NG PROPOSED
RIGHT-OF-WA Y ACOUISI770N
City of Denton, Denton County, Texos
:2
ADDI~7ON,
'CON~VEYANCE PLAT
L£xiNGTON PARK SOUTH
II
CIT~ OF O~r~ N
EXHIBIT B
PARCEL 4
~P~epored By:.
4L ~X E, M£REOI,TH ET ~X.
0 200 400 600
I I [ I
TEAGUE Nit. r, AND PERKINS
Dote:
5381 4 65
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Gordon Meredith, individually and as Independent
Executor of the Estate of Alvin Meredith, Deceased and sole
devisee under the will of Madlyn Meredith, Deceased, of Denton
County, Texas, hereinafter called "Grantor" whether one or more,
for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, to Grantor in hand paid by
the City of Denton, Texas, a municipal corporation, which is
located in Denton County, Texas, and whose mailing address is 215
E. McKinney, Denton, Texas 76201, hereinafter called UGrantee",
the receipt and sufficiency of which is hereby acknowledged, and
for which no lien is retained, expressed or implied, does GRANT,
GIVE and CONVEY unto the Grantee all of that certain tract or
parcel of land, owned by Grantor and situated in Denton County,
Texas, in the Stephen A. Venture Survey, Abstract No. 1315, and
being more particularly described in Exhibit "A" and as
illustrated in Exhibit "B", both of which are attached hereto and
made a part hereof for all purposes, together with all
improvements situated thereon and all singularly the rights and
appurtenances thereto and any and all right, title and interest
of Grantor in and to any adjacent streets, alleys or rights-of-
way, hereinafter collectively called the "Property."
S:\Real Est\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 4
Meredith\Meredith ROW Deed.doc
5381 5566
It is further acknowledged and agreed that Grantee is acquiring
the Property for the purpose of permitting Grantee or its agents
or assigns to construct, maintain, repair and operate thereon
street, highway, right-of-way, drainage improvements, utilities
'and other related improvements. This provision shall not be
construed as any restraint on the right of Grantee to convey fee
simple title to the Property. Grantor hereby waives any and all
right for compensation for the property interests conveyed to
Grantee hereunder, including without limitation, the right or
claim to severance damages, or any damages to, or diminution in
value of, other lands belonging to Grantor, that may be claimed
or asserted by virtue of such acquisition of the Property by
Grantee. Notwithstanding the area and shape of the Property,
this Deed shall be construed as conveying all rights and
appurtenances incident to any ordinary conveyance of land.
Grantor reserves all oil, gas, and other minerals in and
under the Property; provided the Grantor shall have no right to
enter Property to explore for, produce, extract or mine such
minerals.
TO HAVE AND TO HOLD the Property, together with all and
singular the rights and appurtenances thereto in anywise
belonging unto said Grantee, its successors and assigns, forever.
Grantor does hereby bind Grantor and Grantor's heirs, successors,
executors and assigns, to warrant and forever defend, all and
singular the Property unto the Grantee and Grantee's successors
and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise.
Meredith\Meredith ROW Deed.doc
· -'. 5381 4467
EXECUTED this ~? ~ day of
· 2003.
By:
Gordon Meredith, individually
and as Independent Executor of
the Estate of Alvin Meredith,
Deceased and sole-devisee
under the will of Madlyn
Meredith· Deceased
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This
instrument was acknowledged before me
· 2003, by Gordon Meredith.
My commission expires
2003 for the City of Denton, Texas (Resolution No. 91-073).
Manager, Real Estate
and Capital Support
S:\Real Est\Projects\ROW Shared\ProJects\H£ckory Creek Road Improvement Project\Parcel 4
Meredith\Meredith ROW Deed.doc
5381
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 4
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 Alvin E.
Meredith et ux. by deed recorded in Volume 829, Page 474, 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 northwest comer oft.he remainder said Meredith
Tract, also being the northeast 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 N 89°53'01'' E, with the north line of said Meredith Tract a distance of 883.60
feet to a point on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width
right-of-way);
THENCE S 1°25'24" E, with said right-of-way line, a distance of 35.81 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°53'01" W, a distance of 475.17 feet to a set 5/8 inch capped iron rod (TNP);
S 85000'28" W, a distance of 144.34 feet to a set 5/8 inch capped iron rod (TNP);
S 89°51 '30" W, a distance of 268.20 feet to a 5/8 inch capped iron rod (TN'P) set
on the common line between said Meredith Tract and said City of Denton Tract,
from which a found I/2 inch iron rod at an angle point in said common line bears
S 3° 10'22" W, a distance of 531.74 feet;
THENCE N 3°10'22'' E, with said line, departing from said new right-of-way line, a
distance of 48.26 feet to the Point of Beginning and containing 0.823 acre of land of
which 0.722 acre is included in the existing prescriptive right-of-way, leaving a
remainder of 0.101 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
11/05/02 Revised easement per new alignment.
't
RIGHT-OF-WA Y ACQUISI770N
City of Denton, Denton County, Texas
I CONNELL ADDI770N
CAB, P. PG, 75
,,, PARCEL 2
I I
I CONSTANCE PLAT
LEXINGTON PARK SOU~
CA~. S.
GEORGE ~ CONNELL, JR, ~LM FAMILY ~UST
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PARCEL 4
GARY JA~ ~ADRIGAL I I~ ~.~
~ ALaN E. MEREOIm ET UX.
I N
CITY OF DENTON ~
EXHIBIT B
PARCEL 4 o 2oo .oo
,69
City of Denton
Engineering Department
City Hall East
601 E. Hicko:'y, Suite B
Denton, Texas 76205
Attention: Paul Williamson
5'381
JUL 2, ~: 2003
CYNTHI~ N[TCHELL, COUNTY CLERK
On ~ut ~ L:~03
Rt 3:t3pm
Receipt #: 44927
Recordin§: t3.00
Doc/M§mt 6.00
Dec/Num 2003-ROttSt24
Doc/Type : ROW
Deputy -ERIN
August 22, 2003
City of Denton
Engineering Department
City Hall East, 601 E. Hickory, Suite B
Denton, TX 76205
Re: Our File No. TX03-201805-FW06
Property Address: 601 E. Hickory, Suite B, Denton, TX 76205
Dear Homeowner:
Enclosed is your Owner Policy of Title Insurance. This policy contains important information about the real estate
transaction you have just completed. Please read it and retain it with your other valuable papers.
A complete file of the records concerning your transaction will be maintained under the above assigned file
number. These records will assure prompt processing of future title orders and save valuable time should you
wish to sell or obtain a loan on your property. Visit or call any one at our offices and simply give them your
personal file number.
We appreciate the opportunity of serving you and will be glad to assist you in any way in regard to your future
escrow or title service needs.
It is not mandatory, but it is your responsibility to render your property to the respective taxing authorities to
assure proper mailing of future tax notices,
Should you have any questions, please don't hesitate to contact Policy Department Customer Service at 800-347-
7826, Extension 2916.
Again, thank you.
Sincerely,
First American Title Insurance Company
Brenda C. Strickland
Assistant Secretary
First American Title Znsurance Company
Enclosure(s)
BCS/adZ7
First American Title Insurance Company
201 Main Street, Suite 900, Fort Worth, TX 76102
Phone (917) 335-8333 - Fax (817) 870-~831