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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