2002-189· ~ -t S:\Our Documents\Ordinances\02\Condemnation Ordinance Parcel 7.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 0.589 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 0.043 ACRE, BOTH OF WHICH ARE LOCATED IN
THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON
COUNTY TEXAS AND BEING PART OF A TRACT OF LAND CONVEYED TO GEORGE
T. CONNELL, JR. BY DEED RECORDED IN VOLUME 3135, PAGE 436, 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 George T.
Connell, Jr. ("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 0.589 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 to the City of Denton,
Texas in, over and across that certain tract or parcel of land conta'ming approximately
0.043 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.
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 mount of the fair market value, including damages to the
remainder, if any, as detema'med 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 proceed'rags 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 vest'mg 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 /~ day of ~//~[.{2~ ~ ,2002.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~~
Page 2
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 7
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion ora tract of land conveyed to George T. Connell, Sr.
by deed recorded in Volume 3135, Page 436, 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 Counell Tract, also being the southeast
comer of a tract of land conveyed to Tina M. Lauer by deed recorded in Volume 4468, Page 744,
of said Deed Records, said point being in Hickory Creek. Road and being N 89057, 11" E, a
distance of 45.30 feet from a found P.K. nail at the Southwest comer of said Lauer Tract;
THENCE N 4°12'31'' E, with the common line between said Connell Tract and said
Laner Tract, a distance of 60.09 feet to a 5/8 inch capped iron rod (TNP) set on the
proposed new north fight-of-way line of Hickory Creek Road, from which a found 1/2
inch iron rod at an angle point on said line bears N 4°12'31" E, a distance of 737.29 feet;
THENCE with said proposed new fight-of-way line with the following courses and
distances:
N 89°$1'30" E, a distance of 216.26 feet to a set 5/8 inch capped iron rod (TNP);
S 84°25'52" E, a distance of 100.50 feet to a set 5/8 inch capped iron rod (TNP);
N 89°51'30" E, a distance of 141.26 feet to a 5/8 inch capped iron rod (TNP)
set on the common line between the remainder of said Counell Tract and Lot 2,
Block A, Connell Addition, shown by plat recorded in Cabinet P, Page 75, Plat
Records of Denton County, Texas;
THENCE S 0009'54" E, departing said right-of-way line, with said' common line, a
distance of 49.90 feet to the southeast comer of the remainder of said Counell Tract said
point being in Hickory Creek Road;
THENCE S 89051'28" W, a distance of 462.09 feet to the Point of Beginning and
containing 0.589 acre of land of which 0.386 acre is included in the existing pr~.~
right-of-way, leaving a remainder of 0.203 acre of land more or less. ~...o...~
~ ~ ~"': ~. ;."'il~' .,,./
Bearing¢ are based the Texas State Coordinate $yste~ North Central Zone (NAD 85).
MAP ~HOWING PROPOSED
R/ ~/~' T-'OF- WA ' r ~ A C~U / S/n ON
city of Denton, Denton Count.v, TexOs·
PARCEL !
/
~AU~ ESTA~
PH~.,~. ,~ GEORGE [ C~N~L ~:~ '
t~ ~'~ ~ . 'C~ANCE PLAT
[ I _ G~RY JAY MA~IGAL Il ~. 4~7,
' EXHIBIT B
PARCEL 7 · zoo
Dote:
TEAGUE Nail AND PERKINS
(~?) ~3~-$~3
(e4o)
TEMPORARY CONSTRUCTION EASEMENT
PARCEL 7
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of a tract of land conveyed to George T. Connell, Jr.
by deed recorded in Volume 3135, Page 436, Deed Records of Denton County, Texas,
said strip of land being more particularly described by metes and bounds as follows:
BEGIHN1HG at a 5/8 inch capped iron rod (TNP) on the common line between said
Connell Tract and a tract of land conveyed to Tina M. Lauer by deed recorded in Volume 4468,
Page 744, of said Deed Records, said point being N 04°12'3 l" E, 60.09 feet from the southwest'
comer of said Connell Tract, said point also being on the preposed north right-of-way
line of I-Iickory Creek Road;
THENCE N 4°12'31" E, with the common line between said Counell Tract and said
Lauer Tract, a distance of 15.04 feet to a point, from which a found 1/2 inch iron md
bears N 04°12'31" E, 722.25 feet;
THENCE N 89°51'30" E, departing said line, a .distance of 125.00 feet;
THENCE S 00008'30'' E, a distance of 15.00 feet to a point on said proposed new right-of-way
line of Hickory Creek Road;
THENCE S 89051'30" W, with said line, a distance of 126.14 fbet to the Point of
Beginning and eol~ta~nlag 0.043 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 SHO~1NG PROPOSED
TEMPORARY CONSTRUCllON EASEMENT
City of Denton, Denton Count~, Texas
PARCEL I
CHAUCER ESTATES
PHA~ II
CAS. ~, PG. 27,1
~ ~ I I GARY ~AY MADRIGAL
CAB. ~ P~ 241, P. KD.~
5~lem, North C~r~ Zone (Nod B3}, I '
LAUERI
GEORGE ~ CONNELL,
EASEMENT (o. o4J
- -PARCEL
Date:
2
ADDI770N
CAB. P. PG. 75
~tLM FAMILY ~US~
CC ~ 9~-~96J0 I PARCEL 2
CON~YANCE PLA T
LE~NGTON PARK
~p~r ~s~ICKORY CREEK ROAD
CITY OF DENTON
VOl., 4647, PG, 3456
0 200 400 600
I 'ri I I
TEAGUE NAIL AND PERKINS
I I00 Yacon Streel
(g40) 383-4f 77