2000-403S \Our D0¢umCnts\Ordmances\00\Sadeghlan Condemnatmn Ordinance doc
0RDINANCE N0 o~CE30-/407~
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND F1NDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0 574 ACRE OR 25,020 SQUARE FEET TRACT OR PARCEL OF
LAND 1N 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 15)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of fee simple title for street purposes, with such
fee simple title vesting in the State of Texas, acting by and through the Texas Transportation
Commission m the hereinafter described land for the for U S Highway 77 and that the City of
Denton should acquire smd property necessary for smd purpose at the C~ty's cost and expense,
and
WHEREAS, the hereinafter described property is believed to be owned by Khosrow
Sadeghian ("Owner"), NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity exists and pubhc welfare and convemence require the
acqmsmon of fee simple title for street purposes, w~th such fee simple title vesnng in the State of
Texas, acting by and through the Texas Transportation Commission in that certain tract or parcel
of land contmmng approximately 0 574 acre or 25,020 square feet, together with improvements
thereon and appurtenances thereto as more particularly described in Exhab~t "A", attached hereto
and made a part hereof by reference (the "Property")
SECTION 2 The City Manager or his designee is hereby authorized and directed 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 Caty Manager's direction
SECTION 3 That in the event the offer as described in Section 2 is refused by the
Owner of the Property, the Caty Attorney or has designee is hereby anthorized and directed to file
the necessary condemnation proceedings or suit and take whatever action that may be necessary
against the Owner and any other parties having an interest in the Property to acqmre fee s~mple
title for street purposes an the Property, with such fee sample title vesting in the State of Texas,
acting by and through the Texas Transportation Commission The cost and expense of such
acqmsltmn shall be paid by the City of Denton
SECTION 4 If ~t should be subsequently determined that addttlonal part, es other than
those named hereto have an ~nterest m smd property, then m that event, the C~ty Attorney or Ns
designee as anthonzed and d~rected to join sa~d part,es as Defendants an smd condemnaUon
SECTION 5 Tbas ordinance shall become effectwe ~mmedmtely upon as passage and
approval
PASSED AND APPROVED thls the [7~ day of (~rO~/~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROU~~ORNEY
BY ~~
Page 2
County Denton
Highway U $ 77
Prolect bm~ts
CSJ 0195~2
A~..ount
From I H 35
To US'380
EXHBFr "A"
Page 1 of 2
Rev 8epfembe~ 20, 1999
FIELD NOTES FOR PARCEL 15
BEING 0 574 ACRES OF LAND SITUATED IN A CALLED 1 237 ACRE TRACT DESCRIBED IN INSTRUMENT TO KHROSROW SADEGHIAN,
AS RECORDED IN COUNTY CLERK'S NUMBER RO-0057477, 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 ~a' reference al a found 5/8..tach ~mn md at the northeast comer of a called 0 529-acm tract of land conveyed to Mane FJrzabeth
Sasso, recorded tn Volume 2249, Page 600, DRDCT, and at Ihe northwest comer of a tract of land conveyed to Konneth L Da~dso~ and veto
Helen L Da'adson, retort:led ~n Volume 584 Page 326, DRDCT
THENCE S 35° 4Z49' W, along the common prope~ line of sad Sanea and Dav~dson tracts a dmtance of 154 48 feet to a set 518-tach ~ron md
wrth an aluminum cap on the new north nght of way line of U 8 77,
TI'iENCE N 58° 11' 36' W along the new nor~ ~ght of way line of U S 77, a distance of 84 48 feet to a set 5/8~nch ~ron rod wrth an alummum cap
THENCE N 24°47' 31 ' W, along the new north fight of way line of U S 77, a d~stance of 21 16 feet to a sot 5/8-Ich iroa rod w~th an aluminum cap
on the line common lo sam Sasso tract and said Sadagh~an tract and the POINT OF BEGINNING
(1)
THENCE S 35° 19' 44' W, along a I~ne common to sad Sadagh~an Ira('{ and sa~d Sasso b'act, a thstance of 36 88 feet to a
found 1/2-inch Iron md, same bang a pomt on the exJsf3ng nodh ~ht ot way lie of U S 77 and on the south hne of sa~d
Sadegh~an tract
(2)
THENCE N 57e 56' 00' W, along the ex~stmg na'th right of way line of U S 77, a d~stance of 427 65 feet to a found 1/2 ~nch
~ron md for the southwest comer of sad Sadegh~an ffact same bang a point on the exis~ng north right of way line of U S 77
and near the cantefi~ne of Rmey Road,
(3)
THENCE S 88" 51' 44" E, along the north ~me of ~ Sadegh~an b'ac! a d~stance of 45 53 leal to a set PK nal w~th shier sa~d
petal bang ~n the new nalh rlg~ht of way line of U S 77,
(4)
THENCE S 58° 11' 36" E, w~th the new north nght of way Itne of U S 77, a distance of 243 82 feet to a set 5/8~nch ~mn rod
w~th an aluminum cap
THENCE N 88o 24'25" E, wtth the new north nght of way llne of U S 77 adistance of 5083 feet to a setS/8~nch iron md with
an aluminum cap at the begionmg of · arcular curve to the left ha~ng a radius of 340 00 feel'
(6)
THENCE along said curve to the left vAth the new nor~ right of way line of U S 77 through a central angle of 21 ° 14' 20' an
arc d~atance of 126 03 feet, and hawng a chard vdflmh bears N 14° 27' 20' E a distance of 125 31 feet to a PK ne, set on the
north line of sad Sadaghtan tracL and near the confer line of SaKi road,
County pe~ EXHIBIT 'A"
H~ghway U $, 77 Page 2 of 2
Prolect Idrn~ From I.H 35 Rev Septamba- 20, 1999
To U.S. 38O
CS, J 019~02
Account ......
(7)
FIELD NOTES FOR PARCEL 1--5
THENCE S 88" 51' 44' E ~Jleng the nmlh line of sa~d Sadeghmn Iract and the new nmlh right of way I~rle of U $ 77, a d~stance
of 80 07 feet to a set PK nmi and being In a non tangent c~rcutat curve Io the nght hawng a radius of 420 on feel,
THENCE w~th the new north right of way I~ne of U S 77 and along sa~l curve to ~e nght through a cen~'al angle of 23° 06:'
35', an a,'c distance of 169 40 feet, and having a chord wh~::h bears S 14° 52' 36" W, a d,~tanca of 168 26 feet t~ a sel 5/8-~nch
rron rod w~lh an aluminum cap,
THENCE S 24° 47' 31' E, with the new north right of way ~ne of US 77, a d~slence of 2874 feet to the POINT OF
BEGINNING and contanlng 0 574 ac~'es m' 25,020 ~uare feel of ~ more or less, of which 1082 square feet respa m the
prescnpbve ~lght of way of Riney Road
Surveyed Sep{~l~', 1999
PBS&J Inc
B Glenn Crouch RPLS
Texas Reg~a~'amn No 5255
Dale