2001-412S \Our Documents\Ord~nances\Ol\Hallford Condemna. on Ordinance doc
AN DECLareD
P~LIC ~LF~ A~ COhErENCE ~QUI~S THE T~G A~ ACQUI~G
OF AN APPROXIMATE 0 565 AC~ T~CT OR P~CEL OF L~ ~ FEE S~PLE FOR
ST~ET P~OSES A~ TWO SLOPE EASEMENTS CONTA~G ~PROXIMATELY
0 203 AC~ A~ 0 134 AC~, ~SPECTIVELY, ALL OF ~ICH ~ LOCATED ~
THE D L~BERT S~VEY, ~ST~CT NO 784 IN THE CITY OF DENTON, DENTON
CO~TY TEXAS A~ BErG P~T OF LOT 1, BLOCK A, LOMB~ ~DITION, ~
~DITION TO THE CITY OF DENTON, TE~S, AUTHO~Z~G THE CITY M~AGER
OR HIS DESIG~E TO M~ ~ OFFER TO P~CHASE THE PROPERTY FOR ITS
JUST COMPENSATION A~ IF SUCH OFFER IS ~FUSED, AUTHO~Z~G THE CITY
ATTO~Y TO ~STITUTE THE ~CESS~Y PROCEED~GS ~ CO~E~ATION ~
O~ER TO ACQ~ THE PROPERTY, A~ DECLA~G AN EFFECTIVE DATE
~E~AS, ~t ~s hereby determed that a pubhc necesmW exmts ~d that pubhc welfme
~d convemence hereby reqmre the acqmsmon of the real prope~y Utle ~d interests as
herema~ described, ~d
~E~AS, the here~na~er described propeffy ~s beheved to be owned by Ray Hallford
(the "Owner"), NOW, THE~FO~,
THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S
~ That pubhc necesmty exmts ~d pubhc welfme ~d convemence reqmre ~e
acqmsmon of the following
a fee rumple t~tle for s~eet pu~oses, w~th such fee rumple t~tle vesting ~n the City of
Denton, Tex~ m ~at ceamn ~act or p~cel ofl~d contmmng approximately 0 565 acre,
together w~ xmprovements ~ereon ~d app~en~ces thereto as more p~mul~ly
described m Exhibit "A", attached hereto ~d made a p~ hereof by reference (the
"~ght-of-Way Prope~y") ~d as deptcted on Exhibit "B", attached hereto ~d made a
p~ hereof by reference, ~d
b ~o slope easements m the nme of the C~ty of Denton, Texas ~n, over ~d across those
ce~mn ~acts or p~cels of l~d commmng approximately 0 203 acre ~d 0 134 acre,
respectively ~ more p~mul~ly described ~n Exhibits "C" ~d "E" attached hereto ~d
made a pm hereof by reference (~e "Slope Easements") ~d as d~cted on Exhibits "D"
~d "F", attached hereto ~d made a p~ hereof by reference, to construct, recons~ct,
install, r~mr ~d pe~etually mmntmn a slope grade w~th~n the easements be~een the
~ght-of-Way Propegy ~d Owner's remmmng prope~y
The R~ght-of-Way Propegy ~d Slope Easements ~e here~na~er collecnvely called the
"Prope~y"
SECTION 2 The City Council finds that $67,874 00 (the "Compensation") ~s just
compensataon for the Property including damages to the remainder, if any, said sum being based
on an independent appraisal obtained by the City The City Manager or his designee is hereby
authorized, and chrected to make an offer for the Property to the owner of the Property in the
amount of the Compensation
SECTION 3 In the event the offer as described in Sectmn 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 actmn that may be necessary
agmnst the Owner and any other parties having an interest in the Property to acqmre fee simple
t~tle for street, drmnage, utthty and related purposes in the Right of Way Property and easement
interests as described above in the Slope Easements, such title and interest being in the name of
the City of Denton, Texas
SECTION 4 If it should be subsequently determined that additional part]es other than
those named herein have an interest m the Property, then in that event, the C~ty Attorney or his
designee is authorized and directed to join smd parties as Defendants in smd condemnation
SECTION 5 This ordinance shall become effective ~mmethately upon ~ts passage and
approval
PASSED AND APPROVED thls the ~ ~/~ dayof ~/-~/7~2. ,2001
EUL1NE BROCK, MAYOR
ATTEST
JF~qNIFER WALTERS, CITY SECRETARY
HERB~ ATTORNEY
Page 2
Exhibit "A"
31717
I I,r28~000
TRACT 3B HALLFORD
ALL TtlAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATLD tN TIlL D
LAMBERT SURVEY ABSTRACT NUMBER 784 CITY OF DENTON, DENTON COUNT~ 1 EXAS BLING
PART UP LOT I, BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DLNTON AS
SHOWN BY THE PLAT THLREOF RECORDED IN CABINET I PAGE 182 PLAT RFCORDS DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS [.OLLOWb
COMMENCING AT A s/a INCH IRON PiN FOUND AT THE SOUTtlWEST CORNER OF SAID LO F I ON TIlE
EAST RIGHT OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT OF-WAY) SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBLD IN A DEED TO ROY ttALLI ORD
RECORDED UNDER COUNTY CLERk S FILE NUMBER 93 R0073462 REAL PROPERTY RECORDS
DENTON COUNTY, TEXAS,
THENCE NORTII O0 DEGREES
AND THE EAST LINE OF SAID RIGHT OF WAY, A DISTANCE OF 427 89 FEET TO A SETI/2 INCtl IRON
PiN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, ATTHE POINT OF BEGINNING O~ rile
IIEREIN DESCRIBED TRACT, SAID POINT or BEGINNING BEING SOUTH 46 DEGRLES 03 MINUTES 52
SECONDS WF~ST 993 12 FEET FROM A RAILROD Spike FOUND IN TIlL/vlIDDLE Gl MA\ HILL ROAD
AT TH E SOUTHEAST CORNER OF THE D HOUGH SURLY ABSTRACT 696 WIIICI I IS TI II
NORTHEAST CORNF. R OF '1 [-IL D LAMBER'~ SURVEY ABSTRACr 784 ON '1 l iL WLS I LIN L O[ 'I [iL
GIDEON WALKER. SURVEY ABSTRACT 1330
TItENCE NORTH O0 DEGREES 55 lvlINUTES 40 SECONDS EAST WITll THE
AND THE EAST LINE OF SAID RIGHT OF WAY, A DISTANCE OF 80 00 FELT ] O A SE'~ 1/2 [NCII IRON
PiN WITH A YELLOW PLASTIC CAP STAMPED II&N 1849
THENCE SOUTII 89 DEGREES 00 MINUTES 57 SECONDS LAST A DISTANCE or [97 81 I LET '10 A SLT
I/2 iNCH IRO~I PIN WITH A YELLOW PLASTIC CAP STAMPLD II&N 1849 AT TIlE BLGINNING Gl A
CURVE TO T~E LEFT,
TItENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLL Gl [ I DLGRLES 25
DS A RADIUS OF 460 00 bEET AN ARC LLNGTH OF 91 78 1 ELI' AND A CllORD
MINUTES 541SECON . ,, e~e ,,~ ~,..~l/T~:~ O~ r. ECONDS CA5 r A DI$'I ANCL O[ 91 63 FLIT TO
WHICH BEARSNORTH 85 DEGr,~
A SET I/2 INCH' IRON PIN WITH A YELLOW PLASTIC CAP STAMPED II&N 1849 ON TI
OF-WAY LINE OF THE OLD M K & T RAILROAD RIGHT-OF-WAY AT THL BEGINNING OF A CURVE
TO THE RIGHT,
THENCE WiTH SAID RIGHT OF WAY AROUND SAID CURVE TO THE RIGI~T HA~ IX, G A CEN [RAL
ANGLE OF
g2 08 FEET AND A CHORD WN[CH BEARS SOUTH 24 DEGREES 2~ MINUTLS 33 ~ECONDS ~AST A
DISTANCE 0F g2 08 FEET, TO A SET I~ INCH IRON PiN WITH A YELLOW PLASTIC CAP STAMPLD
H~N 1949 AT THE BEGINNING OF A CURVE TO THE R[GHr
TIILNCE AROUND SAID CURVE TO
MINUTLS 27 SLCONDS A ~DIUS OF 540 00 [ LL~ AN ARC LLNG FEI O[ 127 62 I I L r AN D A CIIORD 1.7 ~.[LEF
~HiCH BEARS SOUTH ~a DEGREES 12 MINUTES 49 SECONDS ~ LSI
TO A SET
TI IENCE NORTH 89 DEGREES 00 MINUTLS 57 SECO~.~ DISTANCL OF 197 7S ILL[ TO I I~L
POINT OF aEOINN[NG AND CONTAINING IN A~61~ LAND
Exhibit "B"
_~ MAYHILL ROAD
Z
Z
HAMMETT & NASH, INC
ENGINEERS & SUBVEYO~S
2~3 W HICKORY, DENTON TEXAS 78201
Exhibit "C"
31717
11/28/2000 REV 01/04/2001
SLOPE EASEMENT 8 HALLFORD
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SI I UATED IN TIlE D
LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUN1 Y I'EXAS BRING
PART OF LOT I, BLOCK A LOMBARD ADDITION AN ADDITION TO ~ lIE CITY OF DLNTON AS
SHOWN BY THE FLAT THEREOF RECORDED IN CABINET I, PAGE 182 PLAT RECORDS DENTON
COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMEN~IN~ AT A V~ INCH IRON PIN FOUND AT THL SOUTHWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF WAY) SAID PIN ALSO
BEING TFI~ NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD
RECORDED ~D~R CO~TY CL~RK'S FIL~ NUMBER 93 R0073462 REAL PROPERTY RECORDS
DENTON ~OUNTY, ~ ~XAS,
THENCE NORTH 00 DEGRELS 55 MINUTES 40 S~COND5 EAST WITI{ ~ IlL WLST LINE OF bAlD LOII
AND THE EAST LINff OF SAID RIGHT OF WAY, A DISTANCE OF 507 89 FEET TO A SETI/2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPLD H&N 1849 AT THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44
SECONDS WEST 938 40 FEET FROM A RAILROD SPIEL FOUND IN THE MIDDLE OF MAYHILL ROAD
AT TIlE SOUTHEAST CORNER OF THE D HOUGH SUREY ABST~CT 696 WHICH IS THE
NORTHEAST CORNER OF THE D LAMBLR F SURVEY ABSTRACT 784 ON THE WEST LINE OF TIlL
GIDEON WALKER SURVEY ABSTRACT 1330,
TllENCE NORTH 00 DEGRFES 55 MINUTES 40 SECONDS EAST WITli TIlE WESF LINE OF SAID LO f t
A DISTANCL Gl 20 13 F BLT, ~ O A SLTI~ INCI I IRON PIN WI I II A YLLLO~ PLAS FIE CAP S rAMPLD
H&N 1849,
TIIENCE NORTH 83 DEGREES 37 blINUTLS 14 SLCONDS EAST A DISTANCE Or 141 78 1 LE~ TO A
bLT I~ INClt IRON PiN WITH A YELLOW PLASTIC CAF S FAMPLD II&N 1849
THENCE SOUTH 86 DEGREES 10 MINU~ES 18 SECONDS EAST A DISTANCL OF 137 I I FEE F TO ~ SL~
V~ INCH IRON PIN WITtl A YELLOW CAP STAMPED II&N 1849 A F TIlE BLGINNiNG OF A CUR~ L TO
THE RIGHT,
TtlENCE WITII SAID RIGHT-OF WAY AROUND SAID CURVE TO 7 HE RIGHT HAVING A CENTRAL
ANG[ L OF 00 DEGREES 46 MINUTES 28 SECONDS A RADIUS OF 1859 24 FEL F AN ARC LENGTII OF
25 13 FE~T, AND A CbIORD WHICH BEARS SOUTH 26 DLGRLLS 06 MINU7 ES 40 SLCONDS LAS I A
DISTANCE OF 25 13 FEET TO A SET I/2 INCH IRON PIN WITtl A YELLOW PLAS~ lC CAP STAMP[ D
tI&N 1849 AT THE BEGINNING OF A CURVE TO THE LEFT
THENCE AROUND SAID CURVE TOTHE LEFT IIAV{NG A CENTRAl ANGLL OF II DLGRELS 2~
MINUTES 54 SECONDS A RADIUS OF 460 00 FEET AN ARC LENGTH O~ 91 78 FLLT AND A CHORD
WHICH BEARS SOUTH 85 DEGREES 16 MINUTES 06 SECONDS WEST A DIS3 ANCL OF 91 63 FLL{ TO
A SET 1/2 INCH IRON PIN WITN A Y~LLOW PLASTIC CAP $FAMPED H&N 1849
THENCE NORTH 89 DEGREES 00 MINUTES 57 SLCONDS WEST A D[57 ANCE O[ 197 81 ILL 1 FO FHL
POINT OF BEGINNING AND CONTAINING iN ALL 0 203 ACRL Gl LAND
Exhibit "D"
mO
z-~ r~
MAYHILL ROAD
~ 85 BUILGING LIN~ CA~IM~T ~ PAGE 182
co -
HAMMETT & NASH, INC
ENGINEERS & SURVEYORS
223 W HICKORY DENTON TEXAS 76201
Exhibit "E"
317}7
11/28/2000
ALL THAT CERTAIN 1 RACT OR PARCEL Or LAND LYING AND BEING SITUA [ LD IN I IlL D
LAMBERT SURVLY ABbTRACT NUMBER 784, CiTY Or DLNTON DENTON COUN FY 'I L\AS BLING
PART OF LOT I BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DLNTON AS
sHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 18~ PLAT RECORDS DLN rON
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCINC[ AT A Va INCH IRON PIN FOUND AT THE SOUTHWEST CORNER Or SAID LOT I ON TIlL
EAST RIGHT-OF-WAY LINE OF/vlAYI41LL ROAD (A 120 FOOT RIG:'[ r-OI WAY), SAID PIN Al bO
THENCE NORTH O0 DEGREES 55/vIINUTES 40 SECONDS EAST "h 11H THE WEST LINL O? ,~AID LOT I
AND THE EAST LINE OF SAID RIGHT OF WAY, A DISTANCE OF 507 89 FEET TO A SETh2 INCH IRON
PiN WiTH A YELLOW PLASTIC CAP STAMPED H&N 1849, ATTtiEPOINq OF BEGINNING Gl fill
HEREIN DES(~RIBED TRACT SAID POINT OF BE. GINNING BEING SOUTN 45 DEGREES 49 MINUI LS 29
SLCONDS WE[bT 997 29 FEET FRObl A RAILROD SPIKE FOUND [N TIlL M[DDLL OF MA'~ II1LL ROAD
GIDEON WALKER SURVEY ABSTRACT 1330,
THENCE NORTH 00 DLGREES 55 MINUTES 40 SECONDS EAST % ITH THE WEST LINL OF SAID LOT
A DISTANCE Or 5 89 FEET, TO A SETI/2 [NCIt iRON PIN WITll A YELLOW PLAS'I lC CAP S I AMPLD
THENCE SOUTH 89 DEGREES 00 MINUTES 57 SFCONDS EAST, A DISTANCE or 197 73 FEET TO A SLT
I/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAblPED H&N 1849 AT TIlL BEGINNING Gl A
CURVE TO THE LEFT,
THENCE WITH SAiD RIGHT-OF WAY, AROUND SAID CURVE TO THF LEI'T IIA~ ING A CbNTRAI
ANGLE OF 1~ DEGREES 3'2/vlINUTLS 27 SECONDS A RADIUS OF 540 00 FEET AN ARC LLNGTll OF
127 62 FEET 'AND A CHORD WIIIClt BEARS NORTII 84 DEGRLES 12 MINUTES 49 SECONDS LAS r A
DISTANCE OF 127 32 FEET, TO A SET I/2 INCH IRON PIN WITll A YELLOW PLAS FIC CAP b7 AMPLD
H&N 1849 AT THE BEGINNING OF A CURVE TO THE RIGHT
THENCE AROUND SAID CURVE TO TIlE RIGlIT HAVING A CLNTRAL ANGLE OF 00 DEGREES 30
TltLNCE SOUTH 76 DEGREES 44 MINUTES 43 $LCONDS WL~T A DIS~ANCL Gl 109 52 I I L3 TO A I 2
\. ,. "o~,° 4°,~/ .-"
Exhibit "F"
HAMME~ i& NASH,
ENGINEERS & SURVEYORS
22~ W HICKORY, DENTQN TEXAS 7620~