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.