2000-399 \Our Documents\Ordlnances\00\Orubbs Condemnation 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 0 103 ACRE OR 4,473 SQUARE FEET 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 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 21)
WHEREAS, ~t ~s hereby determined that a pubhc necessity exists and that pubhc welfare
and convenience hereby reqmre the acqmmt~on of fee s~mple t~tle for street purposes, w~th such
fee simple title vesting m the State of Texas, acting by and through the Texas Transportatmn
Commission m the hereinafter described land for the for U S H~ghway 77 and that the C~ty of
Denton should acqmre smd property necessary for smd purpose at the C~ty's cost and expense,
and
WHEREAS, the hereinafter described property ~s beheved to be owned by Albert B
Grubbs and Margaret V Grubbs ("Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity exmts and pubhc welfare and convemence reqmre the
acqmmt~on of fee s~mple t~tle for street purposes, w~th such fee s~mple t~tle vesting m the State of
Texas, acting by and through the Texas Transportation Commmmon ~n that certain tract or parcel
of land c0ntammg approximately 0 103 acre or 4,473 square feet, together w~th ~mprovements
thereon and appurtenances thereto as more particularly described m ExNNt "A", attached hereto
and made a part hereof by reference (the "Property")
SECTION 2 The City Manager or Ns designee ~s hereby authorized and d~rected to
make an offer for the Property to the owner of the Property, based on just compensatmn
recommended by an independent appraisal prepared at the C~ty Manager's direction
SECTION 3 That m the event the offer as described m Section 2 ~s refused by the
Owner of the Property, the C~ty Attorney or Ns designee ~s hereby anthonzed and d~rected to file
the necessary condenmat~on proceedings or stat and take whatever action that may be necessary
against the Owner and any other part,es hawng an interest m the Property to acqmre fee s~mple
t~tle for street purposes m the Property, w~th such fee s~mple t~tle vesting m the State of Texas,
acting by and through the Texas Transportation Commission The cost and expense of such
acqms~t~on shall be prod by the C~ty of Denton
SECTION 4 If ~t should be subsequently determined that addltaonal part~es other than
those named herein have an interest m smd property, then in that event, the City Attorney or h~s
designee as anthonzed and d~rected to joan said partaes as Defendants in smd condemnation
SECTION 5 Thas or&nance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED thas the / 7 ~r~ day of (~x)~W' ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PR VEr T
AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
EXHIBIT "A"
County Der~ton Page 1 of 1
H~ghway WS. 77
Project L~m~ts From I.H. 35 Rev October 27, 1994
TO U.S. 380
CSJ 01 ~5-02
Account
FIELD NOTES FOR PARCEL 21
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 232-ACRE TRACT OF LAND CONVEYED TO ALBERT B
GRUBBS, SR AND WIFE, MARGARET V. GRUBBS, RECORDED IN VOLUME 817, PAGE 632, DEED RECORDS
OF DENTON COUNTY, TEXAS (DRDCT), AND IN A CALLED 0 228-ACRE TRACT CONVEYED TO ALBERT B
GRUBBS, SR AND WIFE, MARGARET V GRUBBS, AS RECORDED IN VOLUME 842, PAGE 977, DRDCT, AND
BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-inch iron rod, same being the northwest comer of sa~d 0 232-acre
Grubbs tract, and being a point on the east line of a tract of land conveyed to W H Bottoms, recorded m
Volume 409, Page 562, DRDCT,
THENCE S 31 Q 59' 52" W, along the common property line of sa~d 0 232-acre Grubbs tract and sa~d Bottoms
tract, a d~stance of 109 50 feet to a set 5/8-~nch Iron rod w~th an aluminum cap, being the POINT OF BEGINNING,
also being a point on the new north right of way line of U S 77,
(1) THENCE S 58o 11' 36" E, along the new north nght of way I~ne of U S 77, a d~stance of 143 82
feet to s set 5/8-inch iron rod with an aluminum cap, same being a point on the east hne of sa~d
0 228-acre Grubbs tract and the west llne of a 0 220-acre tract of land conveyed to Emory D
Groemng, recorded in Volume 898, Page 793, DRDCT,
(2) THENCE S 31o 44' 25' W, along a hne commons to sa~d 0 228-acre Grubbs tract and sa~d
Groemng tract, a d~stance of 31 27 feet to a found 1/2-tach iron rod being the southeast corner
of said 0.228-acre Grubbe tract and the southwest corner of said Groemng tract, and aa~d point
being on the existing north right of way line of U S 77,
(3) THENCE N 58° 03' 18' W, along a line common to sa~d Grubbs tract and ex~stmg north right of
way hne of U S 77, a distance of 143 96 feet, to a found 1/2-inch iron rod being the southwest
corner of said 0 232-acre Grubbs tract and the southeast corner of said Bottoms tract,
(4) THENCE N 31 o 59' 52' E, along a line common to sa~d 0 232-acre Grubbs tract and sa~d Bottoms
tract, s d~stance of 30 92 feet to the POINT OF BEGINNING, and contaimng 0 103 acre, or 4,473
scluara feet of land, more or less
~o~ ~ ~er, ~P~8
Texas No 4285