2000-198AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 267 ACRE OR 11,629 SQUARE FOOT TRACT OR PARCEL OF
LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE 1N THE NAME OF
THE STATE OF TEXAS, ACTiNG BY AND THROUGH THE TEXAS TRANSPORTATION
COMMISSION AND SAID PROPERTY BEiNG LOCATED iN THE THOMAS TOBY
SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY TEXAS
AND AN APPROXIMATE 0 0994 ACRE OR 4,331 78 SQUARE FOOT PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEiNG LOCATED IN
THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON,
DENTON, COUNTY TEXAS AND AN APPROXIMATE 0 332 ACRE OR 14,446 SQUARE
FOOT DRAINAGE EASEMENT iN THE NAME OF THE STATE OF TEXAS, ACTiNG BY
AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN
THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 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 U S HIGHWAY 77, AND
DECLARING AN EFFECTIVE DATE (PARCEL 33A, 33AE)
WHEREAS, ~t ~s hereby determined that a public necessity exists and that pubhc welfare
and convemence hereby require the acqms~tlon of the real property title and interests as
hereinafter described for U S Highway 77, and
WHEREAS, the hereinafter described property ~s beheved to be owned by Carolyn S,
McKmz~¢ (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS
_~ That public necessity exists and pubhc welfare and convenience require the
acqms~t~on of the following
a fee simple t~tle for street purposes, w~th such fee rumple t~tle vesting ~n the State of Texas,
acting by and through the Texas Transportation Commxss~on m that certmn tract or parcel
of land contmnmg approximately 0267 acre or 11,629 square feet, together w~th
lmprovemants thereon and appurtenances thereto as more particularly described ~n
Exhibit "A", attached hereto and made a part hereof by reference (the "R~ght-of-Way
Property"),
b a pubhc utility easement in the name of the Caty of Denton, Texas m, over and across that
cer~mn tract or parcel of land contmmng approximately 0 332 acre or 14,446 square feet
as more particularly descnbad m Exhibit "B", attached hereto and made a part hereof by
reference, to construct, reconstruct, install, repmr and perpetually malnt~un pubhc utd~ty
facihtles (the "Utthty Easement"), and
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 certmn tract or parcel of land
contmmng approximately 0 0994 acre as more partmularly described in Exhibit "C",
attached hereto and made a part hereof by reference, to construct, reconstruct, ~nstall,
repmr and perpetually mmntam drmnage factht~es (the "Drainage Easement")
The R~ght-of-Way Property, Utility Easement and Drmnage Easement are hereinafter
collectively called the "Property"
~ The C~ty Manager or hm demgnee 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 independent epprmsal prepared at the City Manager's d~rectlon
~ That m the event the offer as described ~n Section 2 ~s refused by the
Owner of,the Property, the C~ty Attorney or his demgnee is hereby authorized and d~rected to file
the necessary condemnation proceedings or stat and take whatever action that may be necessary
agmnst the Owner and any other part,es having an ~nterest in the Property to acqmre fee rumple
t~tle for street purposes ~n the R~ght of Way Property, with such fee rumple title vesting in the
State of Texas, acting by and through the Texas Transportation Commmmon, a utlhty easement
~n the name of the City of Denton, Texas ~n the Utd~ty Easement property and a drmnage
easementi~n the name of the State of Texas, acting by and through the Texas Transportation
Commmsion m the Dratnage Easement property The cost and expense of such acqmmt~on shall
be prod by the C~ty of Denton
C~ If ~t should be subsequently determined that addmonal pames other than
those named herem have an interest m the Property, then m that event, the C~ty Attorney or his
demgnee ~s authorized and directed to join said parhes as Defendants ~n smd condemnation
~ Thru ordinance shall become effective lmmedmtely upon ~ts passage and
approval
PASSED AND APPROVED thru the ~'~ day of~ ,
2000
EULINE BROCK, MAYOR
Page 2 of 3
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 3 of 3
I EXHIBIT 'A' Page 1 cf 2
County ~enton. D-15-
Parcel 33A
H~ghway ~J,B ~ October, 1996
Pro~ect Um~ts From J H 35
To U S 380
CSJ 0195-02-
Account -
LEGAL LAND DESCRIPTION FOR PARCEL 33.A.
BEING A 0 267 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOI.~Y SURVEY, ABSTRACT NO 1288, IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED I 559 ACRE TRACT OF LAND CONVEYED TO JESSIE
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT). SAID 0 267 ACRE TRACT BEING MORE pARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING for reference at the southeast corner ortho Jessie M Annear called I 559 acre tract, f~om which a 1/2 ~nch
~ron rod found bears S 00° 19' 27' W, e distance of I 13 feet,
THENCE N 01 ° 03' 34' E, along the east line of said Annsar tract, a d~stanca of 247 30 feet to a set 5/6-inch iron rod
an aluminum d~sk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, s~id point being
on the new southwesterly fight-of-way line of U.B Highway 77;
(1) THENCE N 58° 11' 37' W, along the new southwesterly right-of-way line cf U S Highway 77, a distance
of 216 58 feet to e set 5/8-inch iron rod with an aluminum disk marked TXDOT, in the common hne
between Bald Jessie M Annear tract end that certain Tract I conveyed to David A Coggin, Trustee by
Instrument of record in Volume 2614, page 845 DRDCT,
(2) THENCE N 01' 05' 41' E, along said common hne, a distance of 62 31 feet to a 1/2-1noh Iron rod found
for the northwest comer of said Jessie M Annear tract, the same being ~n the existing southwesterly right-
of-way line of U S Highway 77,
(3) THENCE S 58° 15' 32' E, along the northerly hne of said Jessie M Annear tract and the ex~sting
southwesterly nght-of-way line of sold U S H~ghway 77, a distance of 216 39 feet to a 1/2-inch ~rcn rod
found at the northeasterly comer of said Jessie M Annear tract, the same being the northwest comer of
a called 1 S59 acre tract conveyed to Tax Morgan Martin as evidenced by deed recorded in Volume 3178,
page 898 DRDCT,
, EXHIBIT 'A' Page 2 of 2
County ~ D-IS-
Parcel 33A
Highway ~ October, 1996
Project Um~ts From [,H 35.
To
CSJ 0~lgS-02-
Account
· W along sald common ne, a distance of 6263 feet to the POINT OF
(4) THENCE $ 01° 03 34 ' ........ ~^~ of and area within these metes
BEGINNING, and containing 0 267 acre, 11,629 square ~'ee[, ma.= v. ,=oo
end bounda
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
Date
'G Den~e Quails, R p~t'
Texas Registration No 4276
BEING A pARCEL OF LAND SITUATED 1N A TRACT OF ~-D COI~D TO
iESSiE M A~NEA~ 9ECOP, DED IN VOLb~E 317~r PAGE 910
PROPERTY ~CO~$ OF DE~ON CO~ ~ (~CT)~ ~ BEING
BITUAT~ iN TEE THO~S TOBY S~Y .~S~CT NO 1~88 CiTY
DENTONe, DE~ON CO~Y, T~S, ~ BEING MO~ p~TiC~Y
DESCRIBED AS FOLL~S
Co~NCING a= the southeast corner oE saad ~aar uracu,
bezng the sou~WeSt corner of a t=ac= conv~y~d ~o Tex Morqan
~rt~n, recorded in Vol~ 3178, Page 898 of the ~CT,
THENCE N 0%° 03' 34" E, along the i!ne co.on to saz~ ~near and
sazd Martzn, a ~s=anoe of 224 03 feet to ~h~ POI~ OF
BEGI~ING, sazd poznt being 20 feet south of and pe~endzcular
to th~ n~w south =~ght of way lime of U S
~NCE N 58~ ii' 37" W, 20 feeu sou~ of and pe~en=~cular to th~
new so.th ~ight of way lzne of U S 77, a ~stanca 2~6 60 feet
=o a poznt on the wmst lzne of sazd ~ear tract, and uhe west
recorded an Vol~e 2614, Page 845,
T~NCE N 01° 05' 41" E~ along a llne con. on =o sa=d ~near
and saad Coggzn tract one. a dzstanc~ of 23 26 f~et to a poznt
zn ~e new sou~ rzght of way of U.S.
THENCE S 58° 11' 37" E, along the new south rmgnu of way lzne of
U S 77~ a ~stance of 216.58 feet to a pozn= an the east
samd ~ear tract for a corner;
d~stance of 23 27 feet to the POINT OF BEGi~ING, and con~aznang
O 0994 acres of iand~ more or less
EXHIBIT "A"
County Denton Page 1 of 2
Parcel 33AE D-15-
Highway U S 7~, i
ProJect tJm~ts From I H 35 December 1998
To U S 380
CSJ 0195.02-
Account:
LEGAL LAND DESCRIPTION FOR PARCEL 33AE
BEING A 0 332 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 iN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO ~E~E =
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178. PAGE 910, OF THE DEED RECORDS OF DE,~TCN
COUNTY. TEXAS,(DRDCT) SAID 0 332 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED 8Y M~-I~-S AND
BOUNDS AS FOLLOWS
COMMENCING for refera,,~.e at the southeast comer of the Jessie M Annear called 1 559 acta tract, froro whzch a 1/2-~ncn
~ron rod found beara S 00' 19' 27' W, a distance of 1 13 feet;
THENCE N 01° 03' 34" E, along the east llne of aaid Annesr tract, a d~stance of 216 46 feet to a set 5/8-inch ~ron rod w~th an
aluromum disk marked Texas Depar1~nant of Transportation (TXDOT} for the POINT OF BEGINNING,
(1) THENCE S 31 ° 41' 32" W, crossing a po~on of said Jessie M Annear t~act, a distance of 251 77 feet to a
set 60d nail In a Bo~s d 'aro tree, In the common hne between said Jessie M Anneer tract and that certain Lot
1, Block 1. Lake Cibee Addition, an edd~on to the City of Denton per plat recorded ~n Cabinet N, Page 320 of
the Plat Records of Denton County, Texas,
(2) THENCE N 88° 52' 38" W, along smd coromon I~ne, a d.~tance of $8 07 feet to the southwest comer of sa;d
Jessie M Annesr it-act, the saroe being ~n the northwest coroer of said Let 1, Block 1, Lake Cities Addrbon a
found Y~lnch iron rod,
(3) THENCE N 31' 41' 32" E, crossing a port]on of said Jees~e M Annear tract, a distance of 307 91 feet to a set
5/8-1ncfl iron rod w~h an aluro~nuro d~sk ma~ed Texas Deparl~nent of Transportation for the new sout~ nght-
of-way I~ne of ee]d U S Highway TI,
(4) THENCE S 58° 11' 37' E, along the new south nght'°f'way line of said HIghway 77' a d~stance °f 34 29 fee'
to a set 5/8-tnc~ iron rod wffh an aluro~nuro disk marred Texas Department of Transportation in the easterly
I~ne of sa~d Jessie M Anneer t~act;
(5) THENCE S 01' 03' 34' W, along the easterty line of sa~d Je_~.!e M Annear t~act, a d~stance of 30 84 feet to
the POINT OF BEGINNING, and containing 0 332 acre, 14,446 square feet, mom or less of land area w~th~n
these roetas and bounds
A prat of even survey date herewRh accompames this description
SURVEYED ON THE GROUND
DECEMBER, 1998
PBS&J
Texas Reg~st~'at~on No 5255