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2000-195\\CH LGL\VOLl\sharedklept~LGL\Our Documents\Ord~nanees\00\Tex Mamn Conderanat~on Ordinance doc ORDINANCE NO AN ORDINANCE DECLAmNO A PO LIC NECESSITY EXISTS FrN ING THAT P~LIC ~LF~ ~ CO~ENIBNCE ~QUI~S THE T~G A~ ACQUI~G OF AN ~PROXIMATE 0 451 AC~ 19,632 SQU~ FOOT T~CT OR P~CEL OF L~ ~ FEE SIMPLE FOR ST~BT P~OSES SUCH TITLE TO BE ~ THE N~E OF THE STATE OF TEXAS, ACT~G BY ~ THROUGH THE TB~S T~NSPORTATION COMMISSION ~ S~ PROPERTY BErG LOCATED ~ THE THOMAS TOBY S~VEY, ~ST~CT NO 1288 ~ THE B B B ~ C R R S~VEY, ~ST~CT NO 186 ~ THE CITY OF DENTON, DENTON CO~TY TEXAS A~ AN ~PROXIMATE 0 1668 AC~ OR 7,26? 6 SQU~ FEET P~LIC UTILITY EASEMENT IN THE N~E OF THE CITY OF DENTON, TB~S BErG LOCATED ~ THE THOMAS TOBY S~VEY, ~ST~CT NO 1288 ~ THE BBB & CRR S~VEY, ~ST~CT NO 186 ~ THE CITY OF DENTON, DENTON CO~TY TEXAS A~ AN ~PROXIMATE 0 005 AC~ OR 20g SQU~ FEET D~AGE EASEMENT ~ THE N~E OF THE STATE OF TE~S, ACT~G BY ~ THROUGH THE TE~S T~SPORTATION COMMISSION BErG LOCATED ~ THE THOMAS TOBY S~VEY, ~ST~CT NO 1288 ~ THE BBB ~ CRR S~VEY, ~ST~CT NO 186 IN THE CITY OF DENTON, DENTON CO~TY TE~S, AUTHO~Z~G THE CITY M~AGER OR HIS DESIGNEE TO M~ AN OFFER TO P~CHASE THE PROPERTY FOR ITS F~R M~T V~ A~ IF SUCH OFFER IS ~FUSED, AUTHO~Z~G THE CITY ATTO~BY TO ~STITUTE THE NECESS~Y PROCEED~GS O~ER TO ACQ~ THE PROPERTY NECESS~Y FOR THE P~LIC P~OSE OF CONSTRUCT~G ST~ET IMPROVEMENTS FOR U S HIGHWAY ??, A~ DBCL~G AN EFFECTIVE DATE (P~CEL 33B, 33BE) ~E~AS, ~t m hereby determed thru a pubhc necessity exists ~d that pubhc welf~e ~d convemence hereby require the acqmslnon of the real prope~y t~tle ~d interests as hereinafter described for U S H~way 77, ~d ~E~AS, the hereinafter described prope~y is beheved to be owned by Tex Morg~ M~ln (~e "Omer"), NOW, THE~FO~, THE CO~CIL OF THE CITY OF DENTON HE.BY O~A~S SECTION 1 That pubhc necessity exmts ~d pubhc welfare ~d convemence require the acqmmtlon of ~e following a fee simple atle for s~eet p~oses, with such fee rumple title vesting ~n the State of Texas, acting by md ~ou~ the Tex~ Tr~spo~at~on Commission m that ce~mn tract or p~cel of I~d contmnmg approximately 0 451 acre or 19,632 square feet, together w~th ~mpmvements ~ereon ~d app~en~ces thereto as more pamculmly described m Exhibit "A", attached hereto ~d made a pa~ hereof by reference (the "Right-of-Way Prope~"), b a pubhc utthty easement m the name of the C~ty of Denton, Texas ~n, over and across that eemun tract or parcel of land contmmng approximately 0 1668 acre or 7,267 6 square feet as more partmularly described an Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually maintain pubhc utlhty famht~es (the "Utthty Easement") c a drainage easement m the name of the State of Texas, acting by and through the Texas Transportation Commmmon m, over and across that certain tract or parcel of land contmmng approximately 0 005 acre or 208 square feet as more particularly described ~n Exhibit "C", attached hereto and made a part hereof by reference, to construct, reconstruct, mstall, repmr and perpetually mmntmn drmnage factht~es (the "Drainage Easement") The Raght-of-Way Property, Utlhty Easement and Drmnage Easement are hereinafter collectively called the "Property" ~ The C~ty Manager or lus demgnee ts hereby authorized and d~rected to make an offer for the Property to the owner of the Property, based on just compensation recommended by an xndependent appraisal prepared at the City Manager's dtrect~on ~ That in the event the offer as described tn Sectton 2 ~s refused by the Owner of the Property, the C~ty Attorney or hm designee ts hereby authorized and d~rected to file the necessary condemnation proceechngs or stat and take whatever actton that may be necessary agmnst the Owner and any other part, es having an tnterest in the Property to acquire fee rumple tttle for street purposes m the Raght of Way Property, w~th such fee rumple t~tle vesting ~n the State of Texas, acting by and through the Texas Transportatton Commmmon, a utlhty easement ~n the name of the Ctty of Denton, Texas m the Utthty Easement property, and a drmnage easement in the name of the State of Texas, acting by and through the Texas Transportatton Commmmon m the Drmnage Easement property The cost and expense of such acqmsltton shall be prod by the Cxty of Denton ~ If ~t should be subsequently determined that add~ttonal parties other than those named hereto have an ~nterest m the Property, then ~n that event, the C~ty Attorney or hrs demgnee m authorized and dxrected to jom smd parties as Defendants in smd condemnation ~ Thru ordxnance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thrs the ~ day of>~~, 2000 EULINE BROCK, MAYOR Page 2 ATTEST JENN~ER WALTERS, CITY SECRETARY Page 3 EXHIBIT 'A' County Denton Page 1 of 2 Parcel 33B D-15- Highway U S ~ October, 1996 Project Mm[ts From I H. 35 To U,S 380 CSJ 0195-O~- Account .,. LEGAL LAND DESCRIPTION FOR PARCEL 33B BEING A O 451 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TO[BY SURVEY, ABSTRACT NO 1288, AND THE B B B & C R R. SURVEY, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178 PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 451 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest comer of the Tax Morgan Mart~n tract, the same being the southeast comer of a called I 559 acre tract conveyed to Jessie M Annear by ~nstmment of record In Volume 3178, page 910 DRDCT, from which a 1/2-~nch ~ron rod found beam S 00° 19' 27' W, a distance of 1,13 feet, THENCE N 01° 03' 34' E, along the common line between said Tax Morgan Mart~n tract and said Jessie M, Annear tract, a distance of 247,30 feet to e set 5/8-Inch Iron rod w~th an aluminum disk marked Texas Department of Transport~t~on (TXDOT) for the POINT OF BEGINNING, said point being on the new southwesterly nght-of-way hne of U S. Highway 7'7, (1) THENCE N 01° 03' 34' E, continuing along sa~d common line, a distance of 62 82 feet to a 1/2-tach ~ron rod found et the northwest comer of said Tax Morgan Mart~n tract, same being in the existing s©uthwesterly nght-of-way line of U S H~ghway 77, (2) THENCE S 58° 15' 32" E, along the northerly line of said Tax Morgan Mart~n tract and along said ng hr-of- way line, a d~stanca of 363 13 feet to a 1/2-inch iron rod found for the northeast comer of sa~d Tax Morgan Martin tract, same being the northwest comer of e called 1 559 acre tract conveyed to Jerry Ray Martin by instrument of record In File Number 95-R0052281 DRDCT, (3) THENCE S 01" 03' 34' W, along the common I~ne between said Tax Morgan Martin tract and said Jerry Ray Martin tract, a distance of 63 11 feet to a set 5/8-inch iron rod w~th an aluminum disk marked T/DOT for the new southwesterly right-of-way line of U S H~ghway 77, EXHIBIT County Denton Pegs 2 of 2 Parcel 33E D-15- Highway U B. 77 Project IJm~te From I H 35 October, 1996 To U 8 680 CS.J. 0196-02- Account (4) THENCE N 68° 11' 37' W, along the new southwesterly right-of-way line of U $ Highway 77, a distance of 363.38 feet to the POINT OF BEGINNING, and containing 0 451 acre of land, 19,632 square feet, more or less of land area w~hln these metes and bounds. A plat of even survey date herewith accompames this descnpflon SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUBTON & A$SOCIATEB, INC -G Dennis Quails, R P L.~ Date Texas Registration No 4276 EXHIBIT ~'S" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO TEX MORGAN M~RTIN RECORDED IN VOLUME 3178, PAGE 898, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO. 1288 AND THE B.B.B.&C.R.R. SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COmmENCING at the southwest corner of sa~dMart~n tract, same being the southeast corner of a tract conveyed to Jess=e M Annear, recorded an Volume 3178, Page 910 of the RPRDCT, THENCE N 01° 03' 34" E, along the line conuuon to sa~d Mart~n tract (west l~ne) and to said Annear tract (east lane), a d~stance of 247 30 feet to the POINT OF BEGINNING, sa~d po=nt be=ng an the new south right of way line of U S 77, THENCE S 58° 11' 37" E, along the new south r=ght of way lane of U S 77, a d~stance of 363.38 feet to a point for a corner ~n the line conunon to said Tex Morgan Mart~n tract (east l~ne) and a tract conveyed to Jerry Ray Martin (west lane), by ~nstrument of record an F~le N,,~er 95-R0052281, RPRDCT, THENCE S 01° 03' 34" W, along the l~ne common to sald Tex Morgan Mart~n tract and sa~d Jerry Ray Mart~n, a d~stance of 23 27 feet to a point for a corner, THENCE N 58° 11' 37" W, 20 feet south of and perpendicular to the new south r~ght of way line of U S 77, a d~stance 363 38 feet to a point for a corner on the lane common to sa~d Mart~n tract (west 11ne), and sa~d Annear tract (east l~ne), THENCE S 01° 03' 34" W, along the lane common to sa~d Mart~n tract and to sa~d Annear tract, a d~stance of 23 27 feet to the POINT OF BEGINNING, and conta=n~ng 0 1668 acres of land, more or less EXHiBiT"C~ County Denton Page 1 of 1 Parcel 33BE D-15- H~ghway U S 77 ProJect Lim~s From I H 35 December 1 To U S 380 CSJ 0195-02- Account: LEGAL LAND DESCRIPTION FOR PARCEL 33BE BEING A 0005 ACRE PARCEL OF LAI,~O SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 ABSTRACT NO, 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO 'rEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 005 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY 'METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest comer of the Tex Morgan Martin tract, the same being the southeast comer of a called 1 559 acre tract conveyed to Jessie M Annear by instrument of record ~n Volume 3178, page 910 DRDCT ~om which a 1/2-tach ~ron rod found bears S 00° 19' 27" W, a distance of 1 13 feet, THENCE N 01° 03' 34" E, along the common line between said Tex Morgan Martin tract and sa~d Jessie M Annear tract a d~stance of 216 46 feet to a set 5/8-~nch Iron rod w~th an aluminum disk marked Texas Department of Transportabon (T'XDOT) for the POINT OF BEGINNING, (1) THENCE N 01° 03' 34" E, conbnumg along said common hne a d~stance of 30 84 feet to a set 5/8-tach rron rod w~th an aluminum d~sk marked Texas Department of Transportabon m the new south nght-of-way hne of U S Highway 77, (2) THENCE S 58° 11' 37" E, along said new nght-of-way line, a d~stance of 15 71 feet to a set 5/8-tach aon rod w~th an aluminum disk marked Texas Department of Transportation (3) THENCE S 31 ° 41' 32" W, crossing a po~on of said Tex Morgan Martin tract, a d~stance of 26 50 feet to the POINT OF BEGINNING, and containing 0 005 acre of land, 208 square feet, more or less of land area w,thm these metes and bounds A plat of even survey date herewith accompames this descnpflon SURVEYED ON THE GROUND DECEMBER, 1998 PBS&J Genn Crouch, R P LS Date Texas Registration No 5255 D-3404