2002-190-' S:\Our Documents\Ordinances\02\Conderrmation Ordinance Parcel 8.doc
O m CE NO. dP d' lq
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES TIlE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.062 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 0.016 ACRE, BOTH OF WHICH ARE LOCATED IN
THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON
COUNTY TEXAS AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO
TINA M. LAUER BY DEED RECORDED IN VOLUME 4468, PAGE 744, 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 Tina M. Lauer
("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 0.062 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 containing approximately
0.016 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, Dra'mage, 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, Graffmg 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, includ'mg 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
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 t/~~-'~ dayof ~ ,2002.
EUL1NEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~V~; ~ TO~L~GAL F2-RM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~~
P~e2
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 8
BEING a strip of land located in the Eli Pickett Survey, Abslxact No. 1018, Denton
County, Texas and being a portion of a ~mct of land conveyed to Tina M. Laner by deed
recorded in Volume 4468, Page 744, Deed Records of Danton County, Texas, said strip
of land being more particularly described by metes and bounds as follows:
BEGINNING at a P.K. nail at the southwest comer of said Lauer Tract, said point being
in Hickory Creek Road;
THENCE N 4024'20'' E, a distance of 60.03 feet to a 5/8 inch capped iron rod (TNP) set
on the proposed new north fight-of-way line of Hickory Creek Road, fxom which a found
1/2 inch iron rod at an angle point on the west boandary line of said Lauer Tract bears
N 4o24'20'' E, a distance of 737.95 feet;
THENCE N 89°51 '30" E, with said proposed new right-of-way line, a distance of 45.10
feet to a 5/8 inch capped iron rod (TNP) set on the common line between said Lauer
Tract and a tract of land conveyed to George T. Conaell, Jr. by deed recorded in Volume
3135, Page 436 of said Deed Records;
THENCE S 4°12'31'' W, departing said right-of-way line, with said common line, a
distance of 60.09 feet to the southeast comer of said Lauer Tract, also being the
southwest comer of said Counell Tract, said point being in Hickory Creek Road;
THENCE S 89°57'11" W, a distance of 45.30 feet to the Point of Beginning and
containing 0.062 acre of lund of which 0.038 acre is included in the exi.sting prescriptive
right-of-way, leaving a remainder of 0.024 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
,ttlhlt
Exhib~it B
R~C.~T~OF--;WA Y ,4cr;tu~$n7oN
City of* Den~on~ Denton Count~ Texos
I
I~NA '/,/. LAUE/el
I
~ ~ CAe, -P; P~: 75
EXHIBIT B
PARCEl.: 8
Dote:
AL V~N E. UERED/TH-ET U.X
0 200 400 600
EXHII~IT ¢ 4
TEMPO~CONSTRUCTION EASEMENT
PARCELS
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 Tina M. Lauer by deed
recorded in Volume 4468, Page 744, Deed Records of Dentun County, Texas, said strip
of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-
way llne of Hickory Creek Road and on the west line of said Lauer Tract, said Point
being N 4o24'20" E, 50.03 feet fi.om a P.K. nail located at the southwest comer of said
Lauer Tract;
THENCE N 4024'20" E, with the west line of said Laner Tract, a distance of 15.05 feet to
a point, from which a found 1/2 inch iron rod at an angle point on the west boundary line
of said Lauer Tract bears lq 4~24'20' E, a distance of 722.90 feet;
THL~CNCE N 89°51'30" E, a distance of 45.05 feet to a point on the common line between
said Lauer Tract and a trac~ of land conveyed to (~eorge T. Coanell, Jr. by deed recorded
in Volume 3135, Page 436 of said Deed Records;
THENCE S 4° 12'31" W, with said common line, a distance of 15.04 feet to a point on
said proposed new north right-of-way line of Hickozy Creek Road;
THENCE S 89°51'30" W, with said right-of-way line, a distmace of 45.10 feet to the
Point of Beginning and containing 0.016 acre of land more or less.
4./~-
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
-TEMPORARY CONSTRUCTION £ASF. M£NT
City of Oe¢l~o~, Den, ton Count~,, Texos
CONt~T4NC£ PLA
LEXINGTON ,PARK
PARCEL 8
CtT¥ OF DENTON
~'~' ~ HtCKO/~Y CREEK [~ANCH
-:hAi~.C.EL..8r
200 ,tOO 600
' I ' i
Dote: