2001-411S \Our Doeuments\Ordmances\Ol\Condemnatmn Ordinance Clayton Homes doe
ORD ANCENO40/
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1 44 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
STREET, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, SUCH TITLE
TO BE FN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING
LOCATED IN THE G WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF
DENTON, DENTON COUNTY TEXAS, AND BE1NG A PART OF THE EDWARDS ROAD
AND A PART OF ALLEN ESTATES MOBILE HOME PARK AS SHOWN BY PLAT
THEREOF RECORDED IN CABINET C PAGE 383 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION
AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS
DESIGNI~E, TO INSTITUTE THE NECESSARY PROCEEDINGS 1N CONDEMNATION IN
ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
STREETS, LANDSCAPE BUFFER, AND OTHER MUNICIPAL PURPOSES, AND
DECLARING AN EFFECTIVE DATE
WHEREAS, it Is hereby determined that a public necessity exists and that public welfare
and convemence hereby require the acquisition of fee simple title for street, landscape buffer,
and other mtmmlpal purposes, with such fee s~mple title vesting m the City of Denton ~n the
hereinafter described land for the pubhc purpose of constructing street, drmnage, utflay,
landscape buffer and related improvements, and
WHEREAS, the hereinafter described property is believed to be owned by the CMH
Parks, Inc, a Tennessee Corporation ("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 fee simple title for street, landscape buffer, and other municipal purposes, with
such fee simple title vesting in the City of Denton m that certmn tract or parcel of land contmmng
approximately 1 44 acre, together with ~mprovements thereon and appurtenances thereto as more
partmularly 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 $6,721 00 (the "Compensation") is .lust
compensation for the Property including damages to the remainder, if any, said sum being based
on an independent apprmsal obtained by the City The City Manager or his designee is hereby
authorized and &reeted to make an offer for the Property to the owner of the Property m the
amount of the Compensation
SECTION 3 In the event the offer as described in Section 2 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 stat and take whatever action that may be necessary
against the Owner and any other parties having an interest m the Property to acquire fee simple
title in the) Property for street, landscape buffer, and other municipal purposes, with such fee
simple title vesting m the City of Denton
SECTION 4 If it should be subsequently determined that additional parties other than
those named hereto have an interest m smd property, then in that event, the City Attorney or his
designee is authorized and directed to join smd parties as Defendants ~n said condemnation
~ This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the ~ ~ day of~~:~,2001
EULINE BROCK, MAYOR
ATTEST!
JENNIFER WALTERS, CITY SECRETARY
APP VED AS TO LEGAL FORM
Page 2
Exhibit "A"
Surveyors & Engineers
of North Texas
le21 Amanda Ceurt
Ponder Texas 76259
Ph (640) 482 2906
FAX (940) 482 0009
Metro (940) 243 3832
WWW.sentcoro,com
Edwards Road R O W Dedication
All that certain tract of land situated m the G Walker Survey Abstract Number 1330 City of Denton, Denton County,
Texas and being a part of Edwards Road and a part of Allen Estates Mobile Home Park as shown by the plat thereof
recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas the subject tract being more particularly
descrlbad as follows
BEGINNING for the Northwest corner of the tract being described herein at a 1/2 ~nch iron rod found at the Northwest
comer Allen Estates Mobde Home Park on the East right-of-way of Mayhdl Road and the South right-of-way of
Edwards Road as dadmatad,
THENCE North 01 Dogreas 27 Minutes 27 Seconds East wtth the extenmon of the East right-of-way of Mayhfll Road
across Edwards Road a d~stance of 29 66 feet to the South hne of the tract of land dascmbed m the deed from Roger C
Sullivan to the C~ty of Denton recorded under Clerk's File Number 96-R0000829 of the Real Property Records of
Denton County, Texas,
THENCE South 88 Degrees 46 Minutes 00 Seconds East w~th the South line of the City of Denton Landfill tract a
distance of 1,429 44 feet to the Northeast comer of the called 61 2/3 acre First Tract as desarlbed in the deed to S D
Robertslrecordad m Volume 256, Page 549 of the Deed Records of Denton County, Texas and the Northwest comer of
the called 1 822 acre tract described m the dead from James L Brockm et al to the City of Denton,
THENCE South 01 Degrees 48 Minutes 59 Seconds West w~th the East hne of the said 61 2/3 acre tract and the West
line of the smd 1 822 acre tract a distance of 300 02 feet to a 1/2 inch iron rod set at the Southwest comer thereof,
THENCE North 88 Degrees 46 Minutes 00 Seconds West aerass Edwards Road a distance of 30 00 feet to a 1/2 inch
~run rod set on the West right-of-way of Edwards Road and the East hne of Allen Estates Mobile Home Park,
THENCE North 01 Degrees 48 Minutes 59 Seconds East with the East hne of Allen Estates Mobile Home Park and the
West right-of-way of Edwards Road a dmtance of 159 70 feet to a I/2 inch ~ron rod set,
Thence across Allen Estates Mobile Home Park along a fence on the South side of Edwards Road as constructed the
following five calls,
1 North 35 Degrees 23 Mmutes 53 Seeunds West a dmtance of 41 61 feet to a 1/2 inch ~ron rod set,
2 North 74 Degrees 50 Minutes 20 Seconds West a distance of 95 11 feet to a 1/2 ~nch ~ron rod set,
3 North 63 Degrees 59 Minutes 39 Seconds West a distance of 58 64 feet to a I/2 inch iron rod set
4 North 71 Degrees 35 Minutes 05 Seconds West a d~stance of 88 89 feet to a 1/2 tach iron rod set,
5 Norlh 84 Degrees 17 Mmutes 41 Seconds West a dmtance of 45 38 feet to a 1/2 inch ~ron rod set on the South right-
of-wayI of Edwards Road and the North line of Allen Estates Mobile Home Park,
Thene~ North 88 Degrees 46 Minutes 00 Seconds West with the South right of way of Edwards Road and the North
line of Allen Estates Mobile Home Park along the smd fence a distance of 1,097 58 to the PLACE OF BEGINNING
and enclosing l 440 acres of land of whmh 1 160 asres he within the dedicated right of-way of Edwards Road
l0 26-01
Exhibit "B"
--' D HOUGH SY A-646
Surve~or~ &
Engineers of
EDWA~S ROAD ~ N o h
I 440 ACRES IN ~HE G WALKER SY A-1330 ~ t e x a s, I.c.
DATE 10-26-01
CITY OF DENTqN DRAWN CF WwwPH(~ F~~F~EIS~4~SENTCORP COM
DENTONCOUNTY, TEXAS CHECKED WMC