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2000-398S \Our Documonts\Ordmano~s\OO\Sasso CondemnaUon 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 0 144 ACRE OR 6,253 SQUARE FEET TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STP~TE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810 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 16) WHEREAS, at as hereby determaned that a pubhc necessity exists and that pubhc welfare and eonvemenee hereby require the acquisition of fee simple role for street purposes, wath such fee sampl9 title vesting m the State of Texas, acUng by and through the Texas Transportation Commission m the hereinafter described land for the for U S Highway 77 and that the City of Denton should acquire smd property necessary for said purpose at the City's cost and expense, and WHEREAS, the hereinafter described property is beheved to be owned by Mane Elazabeth,Sasso ("Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S]~CTION 1 That pubhc necessity exists and publac welfare and convenience require the acquIsataon of fee sample tatle for street purposes, with such fee sample title vestang an the State of Texas, ac~ang by and through the Texas Transportation Commission an that certain tract or parcel of land contaanmg approximately 0 144 acre or 6,253 square feet, together with amprovements thereon and appurtenances thereto as more partacularly described in Exhibit "A", attached hereto and made~ a part hereof by reference (the "Property") SI~CTION 2 The City Manager or his designee is hereby authorized and darected to make an, offer for the Property to the owner of the Property, based on just compensation recommended by an andependent appraisal prepared at the City Manager's directaon SECTION 3 That an the event the offer as described in Sectaon 2 is refused by the Owner of the Property, the City Aitomey or his designee as hereby authorized and d~rected to file the necessary condenmataon proceedings or stat and take whatever action that may be necessary agaanst ~e Owner and any other parties having an interest in the Property to acquare fee sample tatle for s~reet purposes m the Property, w~th such fee sample t~tle vesting an the State of Texas, actang by and through the Texas Transportation Commission The cost and expense of such acqmsmon shall be prod by the Caty of Denton SECTION 4 If it should be subsequently determined that ad&tlonal parties other than those named herem have an interest m smd property, then m that event, the C~ty Attorney or h~s designee is authonzed and &rected to jom smd part~es as Defendants ~n smd condemnation SECTION 5 This ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED thm the /~/~ dayof ~/O/O~r ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 County Denton E:XI-II~ff H~gt~way U.S. 77 Page 1 of 1 Pro,Rc{ I.~mRs Fram ~ Rev September 20, lg99 To U.S. 38O CSJ 0195-02 Account' FIELD NOTES FOR PARCEL BEING 0 144 ACRES OF LAND SITUATED IN A CA~ J ;r~ 0 529 ACRE TRACT, CONVEYED TO MARIE ELIZABETH SAS.SO, RECORDED IN VOLUME 2249, PAGE 600 DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING srrUATED IN THE N H IV~I~ENHEIMER SURVEY, AB~'rRACT NO 810, CITY OF DENTON DENT(~N COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING for refere~ca at a found 5/8~nd~ ~on rod at ~e no~ comer of sad Sasso Iract and at the netthwaal comer of a ffacl of land conveyed to Ke~nelh [. Davidson a~f wife, Hete~ 1. Da,~, reeo~od m Volume 584, page 326, DRDCT, THENCE S 35° 4Z 49' W along the commoa prof~rty Ilnu of seld Sasse atd Davldcon iraa~ a d~a~ce of 154 ~ ~ to a set ~ ~n ~ w~ a~ aluminum cap for the POINT OF BEGINNING, m bebg a pobt ~t I~e new no~h nght of way ~ of U S 77, (1) THENCE S 35o 42' 49. W, along a i~ne mmmon to aald Sago ffaat axl sa,~l Dav~lson ffacL prong al 25 76 ~sel a 1/2.~nch Iron n~l, In all a ¢l=taace of 59 76 feet to a ix~'nt, belltg the southeaat comer of ~;ed Sasco ffaa~, the southwest miner of sad Davida~ ffact, and same tieing ee ~e~ng norlh ri~N of v~y i~ne of U S 77 (2) THENCE N 58" 27' 30' W, along the exl~ag ~odh ~N of way I~e of U S 77 and south line of said Sasso ffact, a d~slanm of 102 49 fe~ to a point, ~g Ihe aaulhwaat comer of sa~l Sago Iract; (3) THENCE N 35o 19' 44' E, along the waat ~ne of se.;;i ~__.~_.~_ ffact, pas~ng at a ~stance of 35 00 feel a found i/2.~ rnd for the ~lheatt comer of a cal~ed 1 237 Iiact of latd ~.~'~,bed in ~ns~ume~t to Khrostow Sndegh~at, aa reco~x~d ;n Ceunly Cferk'a number RO.0057477, DRDCT, in al, a tolal disi,~nca of 71 88 fse! to a 5/8-inch ;ro~ rod ~th at aluminum ca~o set on the newnorth right ofwayl~eofU S 77 (4) THENCES 24°47 31' E alatg the newne~t nghlofwayl~neofU$ 77, a d=lance of 2116 feet to aset 5/8-ir~h ~ron rod ~th an aluminum cap, (5) THENCE S 58o 11' 36- E, along the ne~ north ~lg~t ot way ina of U S 77, a distance of 84 48 feel to ifle pOINT OF BEGINNING, and conlalmng 0 144 a~e, or 8,253 _,~_,_=e feel of land, rn~e or less, of wl~ch 3 532 square feet made ~n a I~mscr~pllve rlghl of way of U S. 77 Surveyed September, 1999 PBS&J Inc B C.,l~n Cmuchl R.P~L.S - - ' ' 'Date Tex~s Reg~sffal~on NO 5255