2000-400S \Our Docum~nts\Ordmanccs\OO\G~bson Condemnatmn Ordmance doc
ORDINANCE NO ~:~C)- k4CO
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 026 ACRE OR 1,141 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
AND AN APPROXIMATE 0 056 ACRE OR 2,425 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN 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 31)
WHEREAS, ~t ~s hereby determined that a pubhc necessity exists and that pubhc welfare
and convemence hereby require the acqmslt~on of the real property title and interests as
hereinafter described for U S H~ghway 77, and
WHEREAS, the here~nal~er described property ~s believed to be owned by Gertrude
Helen G~bson, Ind~wdually and as Independent Executrix of the Estate of Donald Edwin Gthson
(the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That public necessity exmts and public welfare and convemence reqmre the
acqmslUon of the following
a fee simple t~tle for street purposes, with such fee s~mple title vestmg ~n the State of Texas,
acUng by and through the Texas Transportation Commmmon in that certain tract or parcel
of land contmmng approximately 0 026 or 1,141 square feet acre, together w~th
~mprovements thereon and appurtenances thereto as more particularly described m
Exhth~t "A", attached hereto and made a part hereof by reference (the "R~ght-of-Way
Property"),
b a pubhc utility easement ~n the name of the City of Denton, Texas in, over and across that
certmn tract or parcel of land containing approximately 0 056 acre or 2,425 square feet as
more partmularly described m ExluNt "B", attached hereto and made a part hereof by
reference, to construct, reconstruct, install, reptur and perpetually mamtmn public utility
facfl~Ues (the "Utility Easement")
The Right-of-Way Property and Utility Easement are hereinafter collectively called the
"Property"
SECTION 2 The C~ty Manager or his designee ~s hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an ~ndependent apprassal prepared at the City Manager's &rectlon
SECTION 3 That in the event the offer as described in Seetaon 2 is refused by the
Owner of the Property, the C~ty Attorney or h~s designee ~s hereby authorized and &reeted to file
the necesspxy condemnation proceechngs or su~t and take whatever action that may be necessary
agamst the Owner and any other part, es having an interest in the Property to acquire fee s~mple
title for street purposes m the R~ght of Way Property, with such fee s~mple t~tle vesting m the
State of Texas, acting by and through the Texas Transportation Commission and a utthty
easement In the name of the C~ty of Denton, Texas ~n the Utlhty Easement property The cost
and expense of such acqmmtaon shall be prod by the C~ty of Denton
SECTION 4 If ~t should be subsequently determaned that ad&t~onal part, es other than
those named herem have an ~nterest m the Property, then an that event, the C~ty Attorney or his
designee IS authorized and &meted to jo~n smd part,es as Defendants in smd condemnation
SECTION 5 Th~s ordinance shall become effective immedmtely upon ~ts passage and
approval
PASSED AND APPROVED flus the /7 ~ day of Oa )o._r ,2000
EULINE BROCK, MAYOR
ATTEST
JElXJ~FER W ~ALTERS,'~CITY SECRETARY
Page 2
EXHIBIT 'A'
County Denton Page 1 of 1
Highway U.S. 77
Project bruitS' From I.H. 39 Rev. October 27, 1994
To U.S. 3SO
CSJ' 0195-02-
Account.
FIELD NOTES FOR PARCEL 31
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED :TO DONALD EDWIN GIBSON AND
WIFE, GERTRUDE GIBSON, RECORDED IN VOLUME 524, PAGE 602, DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDCT}. AND BEING SITUATED IN THE N.H. MBSENHEIMER SURVEY, ABSTRACT NO 810, CITY OF
DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCING for reference at a found fence corner post at the northwest corner of said Gibson Tract and the
northeast corner of a 0.688-acre tract of land conveyed to Chtping Lea and w~fe, Pay Betty Lee, as recorded in
Volume 1345, Page 920, DRDCT;
THENCE S 01 · 14' 06' W, along the west property line of said G~bson tract and east properW line of said Lee
tract, ·d;stance of 198.20 feet to a 6/8-1nch Iron rod with an aluminum cap set for the POINT OF BEGINNING,
sa~d point being on the new north right of way line of U.S. 77 and being on a non-tangent cimular curve to the
left having a radius of 2804.79 feet,
(1) THENCE southeasterly, along the new right of way line of U.S. 77 and said curve to the left,
through a delta angle of 03° 06' 33", an arc distance of 151.39 feet, and having a chord which
bears $ 54· 30' 43" E, a distance of 151.37 feet to a sat 5/8-inch Iron rod with an aluminum
sap, ~ald point being on the east line of said Gibson tract and west line of a tract of land
conveyed to Boise T. Lehman, recorded in Volume 1569, Page 845, DRDCT,
(2) THENCE S 01 · 04' 56' W, along e line common to said Gibson tract and said Lehman tract, a
distance of 3.80 feet to a found ll2-inch iron rod for the southeast comer of said Gibson tract,
same being the southwest comer of said Lehman tract, and said point being on the exiaang north
right of way line of U.S. 77;
(3) THENCE N 68° 32' 05" W, along a line common to said Gibson tract and costing north nght of
way line of sad U.S. 77, a distance of 144.82 feet to a found 112-tach iron rod for the southwest
comer of sa~d G~bson tract, same being the southeast comer of said Lee tract,
(4) THENCE N 01 o 14' 06" E, along a llne common to said Gibson tract and sa~d Lee tract, a d~stance
of 18.09 feet to the POINT OF BEGINNING, and containing 0.026 acre, or 1,141 square feet of
land, more or less
,_
John F. Wilder, R P L.S. ~t°'~'t'°*,oe.o,,o,;,,,,%!,.~r~.~.~.,~ ~---__~.~:.y Date
N H Melse?heimerSurvey October 11 1999
Abstract No,011 Job No 301 99009 02
Denton County Texas EXHIBIT_ z_._. City of Denton, U S Hwy 77
16' UTILITY EASEMENT
BEING A0 056-ACRE PARCEL OF LAND, SITUATED IN THE N H MEISENHEIMER SURVEY
ABSTRACT NO 810, DENTON COUNTY, TEXAS, SAID PARCEL BEING A SIXTEEN FOOT WIDE
STRIP OF LAND, BEING PART OF A TRACT OF THE LAND DEEDED TO DONALD EDWIN AND
GERTRUDE GIBSON, AS RECORDED IN VOLUME 524, PAGE 602 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS (DRDCT) SAID 0 056-ACRE PARCEL BEING MORE PARTICULARY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCEING at an aluminum monument stamped "Texas Department of Transportation" found at the
northwest corner of a called 0 080-acre r~ght-of-rlght tract, as deeded to the State of Texas, as recorded m
Volume 4202, Page 1654, DRDCT, sa~d point being in the west I~ne of called 0 688-acre tract of land as
deeded tO Charles Terry W~llho~te, as recorded ~n County Clerk F~le No 96-050361, DRDCT, same being
the east right-of-way I~ne of Donna Street (60-foot right-of-way),
THENCE along said State right-of-way tract the following three (3) courses and d~stances
Along a non-tangent curve to the right having a ra~us of 2924 79 feet, a delta angle of 02° 48' 30",
an arc distance of 143 35 feet, and having a chord that bears S 54° 13' 28" E, a d~stance of
143 34 feet to a aluminum monument stamped "Texas Department of Transportation" found,
S 52° 49' 14" E, a d~stance of 19 46 to a point, and
Along a curve to the left, hawng a radius of 2804 79, a delta angle of 00° 08' 43", an arc d~stance
of 7 11 feet, and having a chord that bears S 52° 53' 35" E, a d~stance of 7 11 feet to a point, said
point being the northeast corner of sa~d State of Texas right-of-way tract, being ~n the east hne of
sa~d Wlllho~te, same being the west hne of sa~d G~bson tract and being the POINT OF
BEGINNING,
THENCE N 01° 14' 06" E, along said common line a d~stance of 19 75 feet to a point,
THENCE leaving sa~d common hne and crossing sa~d G~bson tract the following two (2) courses
and d~stances
S 52° 49' 14" E, a d~stance of 4 48 feet to a point, and
Along a curve to the left hawng a radius of 2,788 79 feet, a delta angle of 03° 01' 31", an
arc d~stance of 147 25 feet, and having a chord that bears S 54° 19' 59" E, a d~stance of
147 23 feet to a point, said point being m the east hne of sa~d G~bson tract, same being
the west ime of a tract of land deeded to Paul and Eleanor O Flatt, recorded as Tract 1,
~n County Clerk F~le No 98-038388, DRDCT,
THENCE S 01° 04' 56" W, along sa~d common I~ne a d~stance of 19 07 feet to a aluminum
monument stamped "Texas Department of Transportabon" found, sa~d point being ~n the
proposed north line right-of-way line of Elm Street (also known as U S H~ghway 7/), as per the
State Of Texas, State Department of Transpodat~on, Plan of Proposed R~ght-of-Way for U S
H~ghway 77, in Denton County, Texas, Project No CSJ 0195-02-040,
October 11 1999
N H Melseqheimer Survey Job No 301 99 009 02
Abstract No 811
Denton Cour)ty, Texas City of Denton U S Hwy 77
THENCE leaving said common line and crossing sa~d G~bson tract with sa~d proposed r~ght-of-
way hne, being in a non-tangent curve to the r~ght hawng a radius of 2,804 79 feet, a delta angle of
03° 05' 33", an arc d~stance of 151 39 feet, and hawng a chord that bears N 54° 30' 43" W, a
d~stance of 151 37 feet to the POINT OF BEGINNING and containing 0 056 acres (2,425 square
feet) of land more or less Basis of bearing for th~s descr~pbon is the north line of said State of
Texas r~ght-of-way tract as recorded in Volume 4202, Page 1654, DRDCT
SANDHU DATE
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO 2910