2000-401\Our DocumSnts\Ordmances\00\Cunnmgham Condenmatton 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 ~PPROXIMATE 0 055 ACRE OR 2,413 SQUARE FEET TRACT OR PARCEL OF
LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF
THE STA rE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION
COMMIS SION AND SAID PROPERTY BEING LOCATED IN THE N H MEISENHEIMER,
ABSTRA 2T NO 810 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN
APPROX MATE 0 0414 ACRE OR 1,803 SQUARE FEET PUBLIC UTILITY EASEMENT IN
THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN NH
MEISENIIEIMER SURVEY, ABSTRACT NO 810 1N 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
NECESS~RY 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 27)
WHEREAS, it is hereby determined that a pubhc necessity exists and that public welfare
and convemence hereby reqmre the acqms~tlon of the real property title and interests as
heremafte{' dasenbed for U S Highway 77, and
WHEREAS, the hereinafter descnbed property is believed to be owned Charhe Melvin
Cunmngham and Janls Canmngham (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity crests and pubhc welfare and convemence reqmre the
acqmsmon of the following
a
fe~ simple t~tle for street purposes, w~th such fee simple role vesting ~n the State of Texas,
ac~mg by and through the Texas Transportation Commlss~on ~n that certain tract or parcel
ofl land contmmng approxtmately 0055 or 2,413 square feet acre, together with
improvements thereon and appurtenances thereto as more partmularly described m
E~lub~t "A", attached hereto and made a part hereof by reference (the "Right-of-Way
Property"),
b
a public utlhty easement in the name of the City of Denton, Texas in, over and across that
certain tract or parcel of land contmnmg ap,p,,roxlmately 0 0414 acre or 1,803 square feet
as~more particularly described in Exhibit "B , attached hereto and made a part hereof by
re~rence, to construct, reconstruct, install, repair and perpetually malntmn pubhc utlhty
facilities (the 'aJtlllty Easement")
The Right-of-Way Property and UUhty Easement are hereinafter collectively called the
"Property,'
SECTION 2 The City Manager or has designee ts hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on lust eompensataon
recommended by an independent appraisal prepared at the C~ty Manager's d~rectlon
SECTION 3 That an the event the offer as described an Section 2 is refused by the
Owner of the Property, the C~ty Attorney or his designee ~s hereby authorized and d~rected to file
the necessary condemat~on proceedings or suit and take whatever acUon that may be necessary
against the Owner and any other parties hawng an interest in the Property to acquire fee simple
title for street purposes an the Right of Way Property, w~th such fee simple title vesting in the
State of Texas, actang by and through the Texas Transportation Commlssaon and a utahty
easement m the name of the City of Denton, Texas ~n the Utlhty Easement property The cost
and expense of such acqmsitlon shall be p~ud by the City of Denton
SECTION 4 If ~t should be subsequently determined that additional part,es other than
those named herein have an interest m the Property, then m that event, the City Attomey or h~s
designee is authorized and directed to jo~n smd parties as Defendants ~n said condemnation
SECTION 5 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED th~s the /']~/]~l dayof ~(~o~OlZF ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER W ~ALTERS, ~CITY SECRETARY
Page 2
County Denton
Parcel 2.~7
H~ghwey U.S. 7,7.
Project hm~ts.from I H 35
CSJ 0195-02-
Account
EXHIBIT "A"
to U.S. 38q
Page 1 of 1
D-15-
Revised June 11, 1999
FIELD NOTES FOR PARCEL 2'7
BEING A PARCEL OF LAND SITUATED iN A TRACT OF LAND CONVEYED TO CHARLIE MELVIN
CUNNINGHAM AND WIFE, JANIS CUNNINGHAM RECORDED IN VOLUME 632, PAGE 217,
DEED RECORDS OF DENTON COUNTY, TEXAS (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 at a found l/2-~nch iron rod for the most westerly corner of sa~d Cunnmgham
tract, same being the most the most southerly corner of the second tract of land conveyed to
David A Coggin, Trustee, as recorded in Volume 2614, Page 845, DRDCT, and smd point being
on the existing north right of way hne of R~ney Road,
THENCE N 48011'52' E, along the common property hne of sa~d Cunmngham tract and sa~d
Coggin tract two, a distance of 98 81 feet to s set 5/8-~nch ~ron rod w~th an aluminum cap, on
the new south right of way line of U S 77 for the POINT OF BEGINNING,
(1) THENCE N 48011'52, E, continuing along same common hne, a d~stance of 27 90 feet
to a found 5/8-~nch iron rod for the most northerly corner of smd Cunmngham tract and
the most easterly corner of said Coggin tract, and bmng on the ex~stmg south nght of
way line of U S 77,
(2) THENCE S 58012'48, E , along a line common to said Cunmngham tract one and the
ex~sting south nght of way line of said U S 77, a distance of 90 07 feet to a found 1/2-
inch iron rod for the most easterly corner of sa~d Cunmngham, same being the most
northerly corner of the first tract of land described m the instrument to David A Coggm,
Trustee, in the aforementioned Volume 2614, Page 845,
(3) THENCE S 48000'55, W, along a line common to sa~d Cunmngham tract and sa~d
Coggin tra~t one, a d~stance of 27 91 feet to a set 5/8-tach ~ron rod'wtth an aluminum
cap on the new south right of way line of U S 77,
(4) THENCE N 58011'36. W, along the new south right of way line of U S 77, a d~stance
of 90 15 feet to the POINT OF BEGINNING, and containing O 055 acres of land, or
2,413 square feet of land, more or less
~' Glenn Cro~l~,-I~ P L S
Texas Registration No 5255
FND-2450 REV
EXHIBIT
FIELD NOTES
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO
CHARLIE MELVIN CUNNINGHAM AND WIFE, JANIS CUNNINGHAM RECORDED IN
VOLUME 632, PAGE 217, DEED RECORDS OF DENTON coUNTY, TEXAS
(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
CoF~ENCING at the southwest corner of saad Cunnangham tract and
the southeast corner of a tract conveyed to David A Cogg~n,
Trustee, tract two, recorded an Volume 2614, Page 845, RPRDCT,
and saad point being on the exastang north r~ght of way lane of
Raney Road;
THENCE N 48° 11' 52" E, along a lane common to saad Cunnangham
tract and said Cogg~n tract two, a dastance of 98 51 feet to the
POINT OF BEGINNING, saad poant being an the new south r~ght of
way l=ne of U S 77,
THENCE S 58° 11' 36" E, along the new south r~ght of way 11ne of
U S 77, a d~stance of 90 15 feet to a poant on the east l=ne of
said Cunnlngham tract, and the west lane of said Coggan tract
one,
THENCE S 48° 00' 55" W, along a lane common to saad Cunn~ngham
tract and sa~d Coggan tract one, a dastance of 20 83 feet to a
poant for a corner,
THENCE N 58° 11' 36" W, 20 feet south of and parallel to the new
south r~ght of way lane of U S 77, a dastance of 90 22 feet to
a poant an the l~ne common to saad Cunnangham tract and sa~d
Cogg~n tract two for a corner,
THENCE N 48° 11' 52" E, along saad lane common to saad Cunnanghsm
tract and sa~d Cogg~n tract two, a dastance of 20 85 feet to the
POINT OF BEGINNING, and contaanang 0 0414 acres of land, more or
less