2000-199\\CH LGLWOLl~harexl\dept~LOL\Our Documents\Ordmances\OO\Umque Intema Condemnation Ordinance doe
ORDIN CE NO
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 010 ACRE OR 452 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,
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 1N 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 37)
WHEREAS, it is hereby determined that a public necessaty exists and that public welfare
and convenience hereby require the acquisition of fee simple utle for street purposes, with such
fee simple title vesting in the State of Texas, acting by and through the Texas Transportation
Commission in the hereinafter described land for the for U S Highway 77 and that the City of
Denton should aeqmre sand property neeessary for said purpose at the City's cost and expense,
and
WHEREAS, the hereinafter described property is believed to be owned by Unique
International, LTD (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That public necessity exists and public welfare and convemence require the
acquisition of fee simple title for street purposes, with such fee simple title vesting in the State of
Texas, acting by and through the Texas Transportation Commission in that certain tract or parcel
of land contanmng approximately 0 010 acre or 452 square feet, together with improvements
thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto
and made a part hereof by reference (the "Property")
~_~ The City Manager or his designee is hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an independent appraisal prepared at the City Manager's darectlon
~ That in the event the offer as described in Section 2 is refused by the
Owner of the Property, the City Attorney or his designee is hereby authorized and darected to file
the necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest ~n the Property to acquire fee simple
t~tle for street purposes an the Property, with such fee simple title vesting in the State of Texas,
acting by and t~ough the Texas Transpo~at~on Commlsmon The cost and expense of such
acqmmt~on shall be prod by ~e C~W of Denton
SECTION 4. If at should be subsequently determined that add~Uonal pm~es other dan
those named hereto have an interest m smd prope~, then m that event, the C~ty Attorney or h~s
demgnee m au~onzed and dtreeted to join smd pm~es as Defendants m smd condemnation
SECTION 5, Thru ordmance shall become effectwe ~mmedmtely upon ~ts passage and
approval
PASSED AW APPROVED ~s the ~ day of~, 2000
EULINE BROCK,MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
U AS~T0
APPROVED LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT 'A'
County Denton Page 1 of 1
Highway U.S. 77
Project Emits. From I.H. :35 Rev. October 27, 1994
To
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 37
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BILL McCLELLAN, TRUSTEE,
RECORDED IN VOLUME 2899, PAGE 69, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAME BEING
OUT OF BLOCK 2, LOT 18 OF THE SNIDER ADDITION, SECTION ONE, RECORDED IN CABINET D, PAGE 113,
MAP RECORDS OF DENTON COUNTY, TEXAS (MRDCT), AND BEING SITUATED IN THE B B B & C R R
SURVEY, ABSTRACT NO. 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING for reference at e found 1/2-Inch iron md for the northeast comer of said Lot 18 and the eoutheast
corner of Lot 17, Block 2 of said Snyder Addition, same bmng a po,hr in the existing west right of way line of
Windsor Drive (e B0-foct right of way) and said point being in a non-tangent cimular curve to the right having a
radlue of 510 83 feet;
THENCE along the east property line of said Lot 18 and along said curve to the right through a delta angle
of 05° 11 ' 09', an arc distance of 46.23 feet, and having a chord which beers S 31 o 16' 49' W, a distance of
46 22 feet to a, sst 5/8-1nch rod for the POINT OF BEGINNING, bmng In the new north right of way line of
U.S 77, and being In a non-tangent cimular curve to the right having a radius of 510.83 feet,
(1) THENCE continuing southwesterly, along the east I.ne of said McClellan tract and along said curve
to the right through a delta angle of 02° 46' 35', an arc distance of 24.75 feet, and having a
chord which bears S 35° 06' 06" W, a distance of 24 75 feet to a point for the southeast comer
of said Lot 18, same being a point on the ex;sting north right of way hne of U S 77;
(2) THENCE N 58° 09' 24" W, along a line common to said McClellan tract and said existing north
right of way line of U.S 77, e distance of 84 70 feet to a set Sl8-1nch iron rod with an aluminum
cap, said point being on the new nortfl right of way line of U.S 77, and being in a non-tangent
clmular curve to the left having a radius of 3759 72 feet,
(3) THENCE southeasterly, along the new north right of way hne of U S 77, and along said curve to
the left, through a delta angle of 00° 58' 25", an arc distance of 63.89 feet, and having a chord
which bears S 62° 14' 30' E, e distance of 63.89 feet to a set 5/8-Inch iron rod wrth an
aluminum cap,
(4) THENCE N 79° 49' 43" E, with the new north right of way hne of U S 77, a d,stance of 30 12
feet to the POINT OF BEGINNING, and conta;nlng 0 010 acre, or 452 square feet of land, more
or less
John F. Wilder, R.P.L S Date
Texas No 4285
Dam.REV