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