2002-187FILE REFERENCE FORM [ 2002-187 ]
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Repealed by Ordinance No. 2003-072 03/04/03
.... S:\Our Documents\Ordinances\02\Condemnation Ordinance Parcel 5.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 0.769 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 TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT
CONTAINING APPROXIMATELY 0.089 ACRE OF LAND, LOCATED IN THE ELI
PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON
COUNTY TEXAS AND BEING A PORTION OF PARCEL 2, CONVEYANCE PLAT
LEXINGTON PARK SOUTH, RECORDED IN CABINET S, PAGE 299, PLAT RECORDS
OF DENTON COUNTY, TEXAS, CONVEYED TO DWIGHT THOMPSON MINISTRIES,
INC. BY DEED RECORDED IN VOLUME 3135, PAGE 439, 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, utility and related improvements; and
WHEREAS, the hereinafter described property is believed to be owned by Dwight
Thompson Ministries, Inc. ("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 0.769 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 temporary construction, grading and access easement in the name of the City of Denton,
Texas in, over and across that certain tract or parcel of land containing approximately
0.089 acre as more particularly described in Exhibit "C", attached hereto and made a part
hereof by reference (the "Temporary Construction, Grading and Access Easement") and
as depicted on Exhibit "D", attached hereto and made a part hereof 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 the Hickory Creek
Road Paving, Drainage, and Utility Improvements Project (the "Construction
Activities"), with said Temporary Construction, Grading and Access Easement expiring
upon the completion of the Construction Activities or two years from 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 and Temporary Construction, Grading and Access Easement 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
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 Right-of-Way Property, with such fee simple title vesting in the
City of Denton and to acquire the Temporary Construction, Grading and Access Easement.
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 9ff.//7~.~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER W ~ALTERS, C~ITY SECRETARY
BY:
Page 2
EXmliIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 5
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said strip of land being more particularly described by
metes and bounds as follows:
BEGINNING at the southwest comer of said Parcel 2, also being the southeast comer of
the a tract of land conveyed to the MLM Family Trust by deed recorded under county
clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said
point being in Hickory Creek Road;
THENCE N 0009'54'' W, with the common line between said Parcel 2 and said MLM
Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a
5/8 inch capped iron rod (TNP) set on the proposed new north fight-of-way line of said
Hickory Creek Road;
THENCE with said new right-of-way line with the following courses and distances:
N 89°51'30" E, a distance of 421.83 feet to a set 5/8 inch capped iron rod (TNP);
N 0°08'30" W, a distance of 10.00 feet to a set 5/8 inch capped iron rod (TNP);
N 89°51 '30" E, a distance of 194.47 feet to a 5/8 inch capped iron rod (TNP) set
on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of-
way);
THENCE S 1°32'50" E, with said west right-of-way line ~f Teasley Lane, a distance of
62.23 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory
Creek Road;
THENCE N 89056'22'' W, with thc south line of said Parcel 2, a distance of 617.gl feet
to the Point of Beginning and containing 0.769 acre of land of which 0.549 acre is
includedinthe existing prescriptive right-of-way, leaving a remainder of 0.220 acre~q~....
landmor
e Or leSS.
BearingsarebasedtheTexasStateCoordinateSystem, NorthCentra[~~ -~-~
Exhibit B
MAP SHO~NG PROPOSED
RIGHT-OF-WA Y ACQUISITION
City of Denton, Denton County, Texas
PARCEL
- "HTC~ OR Y_~R~_~'K--~ b'~fi '~
GARY JAY MADRIGAL
I
I
/
/ 2
// ®
CONNELL ADDI770N
CAB. P, P~ 75
D~GHT THOMPSON MINISTRIES, INC.
VOL. 313~ PG. ,139, D.R.D. CT.
PARCEL 2
CONVEYANCE PLA T
LEXINGTON PARK SOUTH
CAB. S, PG. 299. P.R.D. CT.
PARCEL 5
GEORGE T. CONNELL. JR. ~LM FAMILY TRUST I=~:= :~f -,, t ,
Cl~ OF DENTON
~6
~ 429, P~ 467 ALaN E. MEREDI~ ET U~
System, North Central Zm~a (Nad
2. Integral p~'t! of this eurvey:
a. Mop
b. Field notes
5/8' iran rods capped 'T.N.P.' .~
EXHIBIT B
PARCEL 5
0 200
400 600
~-f~reo~-red By:.
Dote:
TEAGUE NAIL AND PERKINS
(al?) 33~-~773
EXHIBIT C ,.
'[I~MPO~¥ CONSTRUCT[ON E~EMENT
PARCEL 5
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said sirip of land being more particularly described by
metes and bounds as follows:
BEGINNING at 5/8 inch capped iron rod (TN-P) set at the intersection of the west right-
of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed
new north right-of-way line of Hickory Creek Road (variable width fight-of-way), said
point being N 01032'50" W, 62.23 f~t from the southeast comer of said Parcel 2,
Conveyance Plat Lexington Park South;
THENCE S 89°51'30" W, with said proposed new north right-of-way line of said
Hickory Creek Road, a distance of 194.47 feet to a 5/8 inch capped iron rod (TN'P);
THENCE N 0o08,30" W, departing said line, a distance of 20.00 feet;
THENCE N 89°51'30" E, a distance of 193.98 feet to a point on the east line of said
Parcel 2 and the west right-of-way line of said Teaslcy Lane;
THENCE S 1°32'50" E, with said line, a distance of 20.01 feet to the Point of Beginning
and containing 0.089 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
MAP SHOI~ING PROPOSED
TEMPORARY CONSTRUCTION EASEMENT
City of Denton, Denton Count~ Texoe
TEAGUE,:~NALL ~[I~D pERKInS