2000-402S \Our Docura~nts\Ordmanccs\OO~lackson & Brenholtz Condemnatmn 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 0 421 ACRE OR 18,331 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 B B B & C R R
SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS
AND AN APPROXIMATE 0 1717 ACRE OR 7479 SQUARE FEET PUBLIC UTILITY
EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN
B B B & C R R SURVEY, ABSTRACT NO 186 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 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 36)
WHEREAS, it is hereby detenmned that a public necessity exists and that pubhc welfare
and convemence hereby require the acqms~tlon of the real property t~tle and interests as
hereinafter descnbed for U S Highway 77, and
WHEREAS, the hereinafter described property is beheved to be owned by Betty Ruth
Davis Jackson and Joyce Davis Brenholtz B~shop (the "Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity exists and pubhc welfare and convemence reqmre the
acqmsltmn of the following
fee simple title for street purposes, with such fee s~mple title vestmg ~n the State of Texas,
acting by and through the Texas Transportation Commlssmn m that certmn tract or parcel
of land contmnlng approximately 0421 or 18,331 square feet acre, together w~th
Improvements thereon and appurtenances thereto as more particularly described ~n
Exhibit "A", attached hereto and made a part hereof by reference (the "Pdght-of-Way
Property"),
a pubhc utlhty easement ~n the name of the City of Denton, Texas in, over and across that
certain tract or parcel of land contatnlng approximately 0 1717 acre or 7,479 square feet
as more particularly described in Exhibit "B", attached hereto and made a part hereof by
reference, to construct, reconstruct, install, repmr and perpetually malntiun public utility
faefllUes (the "Utlhty Easement")
The Pdght-of-Way Property and Utility Easement are herelnaRer collectively called the
"Property"
SECTION 2 The C~ty Manager or hm designee ~s hereby author]zed and thrected to
make an offer for the Property to the owner of the Property, based on just compensation
recommended by an independent apprmsal prepared at the C~ty Manager's d~rect~on
SECTION 3 That ~n the event the offer as described ~n Section 2 is refused by the
Owner of the Property, the C~ty Attorney or his designee ~s hereby authorized and directed to file
the necessary condemnation proceedings or stat and take whatever action that may be necessary
agmnst the Owner and any other parties hawng an ~nterest in the Property to acquire fee s~mple
t~tle for street purposes ~n the R~ght of Way Property, w~th such fee s~mple t~tle vesting m the
State of Texas, acting by and through the Texas Transportation Commission and a utthty
easement m the name of the City of Denton, Texas in the Utd~ty Easement property The cost
and expense of such acqmslt~on shall be paid by the City of Denton
SECTION 4 If it should be subsequently determined that adtht~onal part,es other than
those named here~n have an ~nterest in the Property, then m that event, the C~ty Attorney or h~s
designee is authorized and directed to jo~n smd parties as Defendants ~n said condemnation
SECTION 5 Thru ordinance shall become effective ~mmethately upon its passage and
approval
PASSED AND APPROVED tins the ] 7 kff~ day of~2~./' , 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROR/ED AS TO LEGAL FORM
Page 2
County Denton
H~ghway U.S. 77
ProJect L~m~ta
CSJ 0195-02-
Account
From I.H. 35
To U.S. 380
EXHIBIT
Page 1 of 1
Rev December 19, 1994
FIELD NOTES FOR PARCEL 36
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO B~l ~Y RUTH DAVIS JACKSON
AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J,
PAGE 27, MAP RECORDS DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R. SURVEY,
ABSTRACT NO 186, CiTY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-inch ~ron rod for the southwest corner of said addition,
THENCE N O0° 51 ' 18" E, along the west line of said Jackson tract and smd addition, a distance of 301 98 feet
to a set 5/8-~nch iron rod with an aluminum cap for the POINT OF BEGINNING, same being a point on the new
south right of way hne of U S 77 and a point on the east I~ne of a tract of land conveyed to Roy D Martin, as
recorded m Volume 416, Page 215, DRDCT,
(1)
THENCE N 00° 51' 18" E, along a hne common to sa~d Jackson tract and smd Mart~n tract,
distance of 54 06 feet to a point for the northwest corner of sa~d Jackson tract, and sa~d point
being on the existing south right of way line of U S 77,
(2)
THENCE S 58° 18' 30" E, along a I~ne common to smd Jackson tract and the ex. sting south right
of way line of U S 77, a d~stance of 431 38 feet to a point for the northeast corner of sa~d
Jackson tract and said point being on a non-tangent circular curve to the right having a radius of
510 83 feet,
(3)
THENCE southwesterly, along the west hne of Windsor Dnve, a nght of way deeded to the C~ty
of Denton m Volume 1181, Page 104, DRDCT, smd curve to the right, through a delta angle of
06° 35' 35", an arc d~stance of 58 78 feet, and having a chord which bears S 48o 49' 35" W,
· distance of 58 75 feet to a set 5/a-tach ~ron rod w~th an aluminum cap, same being a point on
the new south right of way line of U S 77,
(4)
THENCE N 02° 55' 51" W, along the new south right of way hne of U S 77, a d~stance of 22 89
feet to a set 5/8-inch iron rod with an aluminum cap, being on a non-tangent c~rcular curve to the
right having a radius of 3879 72 feet,
(5)
THENCE northwesterly, along the new south nght of way line of U S 77 with sa~d curve to the
right, through a delta angle of 04° 05' 04", an arc d~stance of 276 58 feet, and hawng a chord
which bears N 60° 14' 09" W, a d~stance of 276 52 feet to a set 5/8-inch Iron rod w~th an
aluminum cap, being a point of tangency,
(6)
less, of which 295 square feet reside m~pubhc utd~ty easement to the C~ty of Denton
JO~n F Wilder, R.P.L S
Texas No 4285
THENCE N 58° 11' 37" W, with the new south right of way I~ne of U S 77, a d~stance of 96 99
feet to the POINT OF BEGINNING, and conta~mng 0 421 acre, or 18,331 square feet, more or
Date
EXHIBIT "B"
FIELD NOTES
BEING A PARCEL OF LAND SITUATED IN ATP, ACT OF LAND CONVEYED TO BETTY
RUTH DAVIS JACKSON AND JOYCE DAVIS BHENHOLTZ, RECORDED IN VOLUME 711,
PAGE 382, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A
PORTION OF THE DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J, PAGR
27, PLAT RECORDS D~NTON COUNTY, TEXAS, AND BEING SITUATED IN THE
B B.B.&C.R.R. SURVEY, A~STI~ACT NO. 186, CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICu~CRLY DESCRIBED AS FOLLOWS~
Beginning at a point in the new south right of way line of U S.
77 and a line common to said Jackson and Brenholtz tract (west line)
and the Roy D. Martin tract (east line) recorded in Volume 416, Page
215 of the DRDCT, same being the west line o£ said Addition~
THENCE S 58° 11' 37" E, along the new south right of way line of U.S.
77, a distance of 96 99 feet to the beginning of a curve to the le£t
having a radius of 3879 72 feet~
THENCE Southeasterly, along the new south right of way line of U.S 77
with said curve to the left, through e delta angle of 04° 05' 04", an
arc distance of 276.58 feet, and a chord of S. 60° 14' 09" E a distance
276 52 feet to a point for a corner~
THENCE S 02° 55' 51" E, along the new south right of way line of U.S
77, a distance of 22 89 feet to a point in the west right of way of
Windsor Drive and the beginning of a curve to the right having a
radius of 510.83 fast7
THENCE North 63° 47' 24" W, a distance 11 68 feet to a point being 20
feet south of and perpendicular to the new south right of way line of
U. S 77 a~d the beginning of · curve to the right having a radius of
3899 72 feet!
THENCE Northwesterly, 20 feet south of and parallel to the new south
right of way line of U.S 77 with said curve to the right, through a
delta angle of 04° 05' 04", an arc distance of 276.58 feet, and a chord
of N 60° 14' 09" W a distance 276 52 feet to e point of tengency~
THENCE N 58° 11' 36" W, continuing 20 feet south of and parallel to the
new south right of way line of U S 77, a distance of 85.00 feet &
point on the line co~on to said Jackson and Brenholtz tract (west
line) and said Martin tract (west line) for a corner,
THENCE N 00° 51' 18" R, along said line co~aon, a distance of 23 32
feet to the POINT OF BEGINNING, and containing 0 1717 acres of land,
more or less