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2000-196\\CH.LGLWOLl~hared\dept~LOL\Our Documcnts\Ordmance~\00\Clyde Martin Condemnation Ordinance 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 0 360 ACRE OR 15,695 SQUARE FOOT TRACT OR PARCEL OF LAND iN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED iN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 0455 ACRE OR 1982 SQUARE FOOT AND 0 0668 ACRE OR 2910 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, 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 TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR US HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33D) WHEREAS, It is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the real property title and interests as hereinafter described for U S Highway 77, and WHEREAS, the hereinafter described property is believed to be owned by Clyde Milton Martm (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That public necessity exists and public welfare and convenience require the acquisition of the following a fee simple title for street purposes, with such fee simple tatle vesting an the State of Texas, actmg by and through the Texas Transportation Commlssaon an that certmn tract or parcel of land contmnmg approximately 0 360 acre or 15,695 square feet, together with improvements thereon and appurtenances thereto as more particularly descnbed in Exhibit "A", attached hereto and made a part hereof by reference (the "Paght-of-Way Property"), b a public utility easement m the name of the City of Denton, Texas in, over and across those certmn tracts or parcels of land contmmng approximately 0 0455 acre or 1982 square foot and 0 0668 acre or 2910 square foot as more particularly described in Exhibat "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually mmntmn public utility facilities (the "Utility Easement") The Right-of-Way Property and Utthty Easement are hereinafter collectively called the "Property" ~ The City Manager or his designee is 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 andependent apprmsal prepared at the City Manager's darectlon SE.~C~.I.9...hI_~ That m the event the offer as described in Section 2 is refused by the Owner of the Property, the Caty Attorney or has designee is hereby anthonzed and directed to file the necessary condemnation proceedings or stat and take whatever actaon that may be necessary agmnst the Owner and any other pames having an interest in the Property to acquire fee sample title for street purposes m the Pdght of Way Property, wath such fee sample title vesting in the State of Texas, actmg by and through the Texas Transportation Commission and a utthty easement m the name of the City of Denton, Texas in the Utdaty Easement property The cost and expense of such acquisition shall be prod by the Caty of Denton ~ If it should be subsequently determined that addmonal parties other than those named hereto have an interest m the Property, then an that event, the Caty Attorney or his designee is anthonzed and directed to join smd parties as Defendants in smd condemnation TI~ This ordinance shall become effecnve ammed~ately upon its passage and approval ~ PASSED AND APPROVED this the ~ day of __, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED ~S-~O LEGAL FORM Page 2 EXHIBIT 'A' Page I of 2 County [~entor! D-15- Parcel 33D Highway _[.[.[.[.[.[.[.[.[.~ October, 1996 Project Um~ts From I,H 3~ To 1,1,$ 3S0 CSJ 0195-02: Account LEGAL LAND DESCRIPTION FOR PARCEL 330. BEING A 0 360 ACRE PARCEL OF LAND SITUATED IN 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 JERRY RAY MARTIN BY INSTRUMENT OF RECORD IN FILE NUMBER 95.R0052281, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 360 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at a 1/2-1nth iron rod found at the most northerly southwest comer of said Jerry Ray Mart~n tract, same being the southeast comer of a called 1 559 acre tract conveyed to Tax Morgan Martin by ~nsthJment of record in Volume 3178, page 898 DRDCT, THENCE N 01° 03' 34' E, along the common line between sa~d Tax Morgan Martin tract and said Jerry Ray Martin tract, a distance of 61,98 feet to a set 5/8-inch ~ron rod vath an aluminum disk marked Texas Department of Transportation ('rxDoT~ for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S, Highway 77, (1) THENCE N 01 ° 03' 34' E, continuing along said common ilne, a distance of 63 11 feet to a 1/2-Inch ~ron rod found at the northwest comer of said Jerry Ray Martin tract, same being in the existing southwesterly right-of-way line of U $ Highway 77, (2) THENCE S 58° 15' 32' E, along the northerly hne of sa~d Jerry Ray Marttn tract and along said right-of-way line, a distance of 290 80 feet to a 1/2-inch ~ron rod found for the northeast comer of said Jar~y Ray Martin tract, same being the northwest comer of a called I 559 acre tract conveyed to R D Martin as evidenced by deed recorded in Volume 3178, page 886 DRDCT, (3) THENCE S 01° 34' 17' W, along the common hne between sa~d Jerry Ray Martin tract and sa~d R D Mart~n tract, a d~stance of 63 16 feet to a set 5/8-~nch ~ron rod w~th an aluminum disk marked TXDOT for the new southwesterly right-of-way line of U S H~ghway 77, (4) THENCE N 58° 11' 37' W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 145 38 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT ~n the common hne between sa~d Jerry Ray Martin tract and a called 4 acre tract conveyed to Joe W Sherflll and Mary LaJean Shemll by instrument of record in Volume 605, page 464 DRDCT, THENCE along sa~d common, line the following 2 courses and distances, (5) N 01 ° 36' 32' E, a distance of 11 79 feet to a fence comer at the northeast comsr of sa~d 4 acre tract, (6) N 88° 52' 38' W, a distance of 19 96 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT m the new southwesterly nght-of-way hne of U S Highway 77, EXHIBIT *A' County Denton i Page 2 of Parcel 33D D- 15- Highway U 8 77 Project l. JmRs From I,H 35 October, 1996 To U 8. 380 CSJ 0195-02- Account' (7) THENCE N 68° 11' 37~ W, along the new southwesterly right-of-way line of U 8 H~ghway 77, a distance of 121 86 feet to the POINT OF BEGINNING, and containing 0 360 acre, 15,695 square feet, more or les s, of land area w~thm these metes and bounds A plat of even survey date herewith accompanies this description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC G Denms Quails, R P L ~S/ Date Texas Registration No 4276 EXHIBIT "A" FIELD NOTES TRACT I BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JEP~Y RAY M~RTIN RECORDED IN FILE NUMBER 95-R0052281, REAL PROPERTY RECORDS OF D~TON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE B B B.&C.R.R. SUR%~Y, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO~ENCING at the most northern southwest corner of sa~d Jerry Ray Mart~n tract, same being the southeast corner of a tract conveyed to Tex Morgan Martan, recorded an Volume 3178, Page 898 of the RPRDCT; THENCE N 01° 03' 34" E, along the lane common to said Mart~n tract and sa~d Tex Morgan Mart~n tract, a d~stance of 61 98 feet to the POINT OF BEGINNING, sa~d point being ~n the new south r~ght of way l~ne of U S 77, THENCE S 58° 11' 37" E, along the new south right of way 11ne of U S 77, a dastance of 121.86 feet to a point for a corner an the lane common to sa~d Jerry Ray Mart~n tract and a tract conveyed to Joe W Sherrlll, recorded an Volume 605, Page 464, deed Records Denton County Texas, THENCE N 88° 52' 38" W, along a lane common to sa~d Tex Morgan Mart~n tract and sa~d Sherr~ll, a d~stance of 39 19 feet to a point for a corner, being 20 feet south of and perpendicular to the new south r~ght of way l~ne of U S 77, THENCE N 58° 11' 37" W, 20 feet south of and parallel to the new south right of way l~ne of U S. 77, a d~stance 76 26 feet to a point for a corner an the l~ne common to sa~d Jerry Ray Mart~n and Said Tex Morgan Martan, THENCE N 01° 03' 34" E, along the lane common to sa~d Jerry Ray Mart~n tract and to said Tex Morgan Mart~n tract, a d~stance of 23 27 feet to the POINT OF BEGINNING, and containing 0 0455 acres of land, more or less TRACTII BegLnnLng at a poant in the new south rLght of way 1Lne of U.S. 77 and in the line common to said Jerr~ Ray Martan tract and the tract conveyed to Joe W Sherrill, recorded an Volume 605, Page 464, deed Records Denton County Texas, THENCE S 58° 11' 37" E, along the new south raght of way l~ne of U S 77, a distance of 145.38 feet to a poLnt for a corner in the line conunon to said Jerry Ray MartLn tract and a tract conveyed to R D MartLn, recorded in Volume 3178, Page 886, RPRDCT; THENCE N 01° 34' 17" E, along the lane common to saad Jerry Ray MartLn ~ract and the said R.D. MartLn tract, a dLstance of 23 15 feet to a point for a corner, saLd point beang 20 feet south of and perpendicular to the new south rLght of way 1Lne of U S 77; THENCE N 58° 11' 37" W, 20 feet south of and parallel to the new south right of way line of U S 77, a d~stance 145 40 feet to a poant for a corner Ln the line common to said Jerry Ray Martan and SaLd SherrLll; THENCE N 01° 36' 32" E, along sa~d lane common, a d~stance of 23 14 feet to the POINT OF BEGINNING, and contaLnLng 0 0668 acres of land, more or less.