2000-197\\CH LGL\VOLl~hared\dopt\LGL\Our Documents\Ordman¢~s\00\R D Ma~n Condemnation Ordinance doe
NOda O .1
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 272 ACRE OR 11,832 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 1N THE CITY OF DENTON, DENTON COUNTY TEXAS
AND AN APPROXIMATE 00993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY
EASEMENT 1N THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED iN
THE BBB & CRR 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 1N CONDEMNATION IN ORDER TO
ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND
DECLARING AN EFFECTIVE DATE (PARCEL 33F)
WHEREAS, it is hereby determined that a public necessity exists and that pubhc welfare
and convemence 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 R D Martin
(the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~¢_TI_Q_]~I-~ That public necessity exists and public welfare and convemence reqmre the
acquisition of the following
a fee simple title for street purposes, with such fee simple title vesting ~n the State of Texas,
acting by and through the Texas Transportation Commission in that certmn tract or parcel
of land cont~umng approximately 0272 acre or 11,832 square feet, together with
improvements thereon and appurtenances thereto as more particularly described in
Extublt "A", attached hereto and made a part hereof by reference (the "Right-of-Way
Property"),
b a public utility easement in the name of the City of Denton, Texas in, over and across that
certain tract or parcel of land containing approximately 0 0993 acre or 4,051 square feet
as more particularly descnbad in Exhibit "B", attached hereto and made a part hereof by
reference, to construct, reconstruct, install, repmr and perpetually malntmn public utility
famlmes (the "Utlhty Easement")
The Rtght-of-Way Property and Utthty Easement are hermnafter collectively called the
"Property",
~ The City Manager or his designee ~s 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 independent apprmsal prepared at the City Manager's direction
/~ That m the event the offer as described ~n Section 2 is refused by the
Owner of the Property, the City Attorney or his demgnee is hereby authorized and directed to file
the necessary condemnation proceedings or suit and take whatever action that may be necessary
agmnst tho Owner and any other part, es hawng an ~nterest in the Property to acquire fee simple
t~tle for street purposes m the R~ght of Way Property, with such fee simple title vesting in the
State of Texas, acting by and through the Texas Transportation Commission and a utthty
easement in the name of the C~ty of Denton, Texas m the Utility Easement property The cost
and expense of such acqmmtlon shall be prod by the C~ty of Denton
~_E_QT.!_Q]~I_~ If it should be subsequently determined that adtht~onal parhes other than
those named hereto have an interest m the Property, then ~n that event, the C~ty Attorney or his
designee is anthonzed and directed to join smd part,es as Defendants in smd condemnation
S CT_~I~2i_Q~I_~ Th~s ordinance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~ day of~./l~ - ,
2000
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
BY "'~ ~
Page 2
EXHIBIT 'A*
Page 1 of 2
County Denton D-15-
Pamel 33F
Highway U S 77 October, 1996
Project Umlts From t,H ~ls
To U~8 38Q
CSJ: 0196-02-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 33F
BEING A0 272ACRE 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 C.~H rD 1 559 ACRE TRACT OF LAND CONVEYED TO R D. MARTIN BY
INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 886, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCT) SAID 0 272 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS
COMMENCING for reference at a 1/2-tnch iron rod found atthe southeast comer of said R D Martin tract, same being
the southwest corner of a called 1 559 acre tract conveyed to Jerry Ray Martin and Queva E Martin (Queva Martin b-am)
by instrument of record In Volume $178, page 918 DRDCT,
THENCE N 01° 34' 17' E, along the common line between said R D Martin tract and sa~d Queva Martin tract, · distance
of 254 21 feet to a eat 5/8-Inch ~ron rod w~th an aluminum disk marked Texas Department of Tmnspcdatlon (TXDOT) for
the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S Highway 77,
(1) THENCE N 58° 11' 37, W, along the new southwesterly right of way line of U S Highway 77, a d~st&ncs
of 216 35 feet to a set $/8-tnch iron rod wtth an aluminum disk marked TXDOT in the common hne
between said R D Martin tract and a called I 559 acre tract conveyed to Jerry Ray Martin by instrument
of record In File Number 95-R0052281 DRDCT,
(2) THENCE N 01° 34' 17, E, along said common hne, a distance of 63 16 feet to a 1/2-tach iron rod found
for the northwest comer of said R D Martin tract, the same being ~n the existing southwesterly right.of-w-ay
line of U S Highway 77,
(3) THENCE $ 58° t5' 32' E, along the northerly line of said R D Martin tract and the existing southwesterS'
right-of-way line of said U S Highway 77, a distance of 216 21 feet to a 1/2-Inch iron rod found at the
r~ortheast comer of said R D Martin tract, same being the northwest comer of said Queva Mart~n tract
EXHIBIT 'A'
Page 2 of 2
County Dentor~ D-15-
Parcel 33F
Highway ~ October, 19~
Project Umits. From ~H 3~.
To U,B 380
CSJ 0195-02~
Account
(4) THENCEB 01° 34' 17~ w, al°ng eatd cemm°n line' e dlstance °f 63 44 feet tO the POINT OF BEGINNING
and containing 0 272 acre, 11,832 square feet. more or less of land area w~th~n these metes end bounds
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
G D-ennls~Qualls, R P ["
Texas Registration No 4276
EXHIBIT ~A"
FIELD NOTES
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO
R D M~RTIN RECORDED IN VOLUME 3178, PAGE 886, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN
THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND TEE B B B &C R R
SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING at a poant an the new south raght of way l~ne of U S
77 and the line cc---on to sa~d R D Mart~n tract (west l=ne)
and a tract conveyed to Jerry Ray Martan, recorded ~n Volume
3178, Page 918 of the RPRDCT;
THENCE S 58° 11' 37" E, along the new south r~ght of way l=ne of
U S 77, a d~stance of 265 35 feet to a point for a corner ~n
the lane cc__-~_~on to saad R. D. Mart~n tract (east l~ne) and the
tract uonveyed to Jerry Ray Martan (west l~ne) , by instrument of
record an File N~m~er 95-R0052281, RPRDCT,
THENCE S 01° 34' 17" W, along a line co--.on to sa~d R D Martan
tract and said Jerry Ray Mart~n, a d~stance of 23 15 feet to a
point for a corner,
THENCE IN 58° 11' 37" W, 20 feet south of and perpendacular to the
new so~th right of way line of U S 77, a d~stance 216 35 feet
to a point on the lane co~on to sa~d R D Martan tract (west
l=ne) and the sa~d Jerry Ray Mart=n tract (east l~ne),
THENCE N 01° 03' 34" E, along the lane common to sa~d R D
Mart~n tract and saad Jerry Ray Mart~n tract, a d~stance of
23 15 feet to the POINT OF BEGINNING, and contaan~ng 0 0993
acres of land, more or less