Loading...
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