2000-435S \Our Documents\Ord~nances\00~Bottoms Condemnation 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 0 046 ACRE OR 2,009 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,
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, RESCINDING THAT CERTAIN REAL
ESTATE CONTRACT DATED OCTOBER 17, 2000 BETWEEN THE CITY OF DENTON
AND W H BOTTOMS PERTAINING TO THE SUBJECT PROPERTY, DECLARING AN
EFFECTIVE DATE (PARCEL 20)
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convemence hereby require the acqmsltion of fee s~mple title for street purposes, w~th such
fee simple t~tle vesting in the State of Texas, acting by and through the Texas Transportation
Commlssaon m the hereinafter described land for the for U S Highway 77 and that the C~ty of
Denton should acqmre smd property necessary for stud purpose at the C~ty's cost and expense,
and
WHEREAS, the hereinafter described property ~s believed to be owned by W H Bottoms
("Owner"),
WHEREAS, the Owner has requested that the C~ty agree to resmnd that certtun Real
Estate Contract between the City and the Owner, dated October 17, 2000 perttumng to the
subject property (the "Contract") NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pubhc necessity exists and pubhc welfare and convenience require the
acquisition of fee s~mple t~tle for street purposes, w~th such fee s~mple t~tle vesttng in the State of
Texas, acting by and through the Texas Transportation Commission in that certtun tract or parcel
of land contatmng approximately 0 046 acre or 2,009 square feet, together with improvements
thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto
and made a part hereof by reference (the "Property")
SECTION 2 The C~ty Manager or h~s designee is hereby authorized and d~rected 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 In the event the offer as described in Section 2 is refused by the Owner of
the Property, the City Attorney or h~s designee ~s hereby authorized and directed to file the
necessary condemnation proceedings or suit and take whatever action that may be necessary
agmnst the Owner and any other part, es having an interest in the Property to acqmre fee simple
title for street purposes m the Property, with such fee simple title vesting in the State of Texas,
acting by and through the Texas Transportation Commission The cost and expense of such
acquisition shall be prod by the City of Denton
SECTION 4 If it should be subsequently determined that additional parties other than
those named hereto have an interest in stud property, then in that event, the Caty Attorney or bas
designee is authorized and directed to jmn said parties as Defendants in smd condemnation
SECTION 5 The City Manager or bas designee is authorized to enter into a mutual
release agreement to rescind the Contract
SECTION 6 This ordinance shall become effective ~mmed~ately upon 1ts passage and
approval
PASSED AND APPROVED tbas thq~a0~' day o~~_,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
County J~
H~ghway U.S. 77
Project Urn,ts:
CSJ. Q195-02*040
Account.
From I.H. 35
To U.S. 380
EXHIBIT 'A'
Page 1 of 1
February 24, 1994
FIELD NOTES FOR PARCEL 20
BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO W H BOTTOMS, RECORDED IN
VOLUME 409, PAGE 562, 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 for reference at a found 1/2-inch iron rod, same be,ng the northwest comer of said Bottoms tract
and being a paint on the east line of a 0.336-acro tract of land conveyed to Dennis Michael Baker and wife,
Becky Ann da la Houssaye Baker, recorded in Volume 890, Page 526, DRDCT,
THENCE S 32° 04' 09" W, along a line common to said Baker tract and said Bottoms tract, · distance of
133 15 feet to a set 5/8-inch iron rod with an aluminum cap, being the POINT OF BEGINNING, also being a point
on the new north right of way llne of U S 77,
(1)
(2)
THENCE S 58° 11 ' 36' E, along the new north right of way line of U S 77, a distance of 65 11
feet to e set 5/8-Inch iron rod with an alum,num cap, same being a point on the east line of said
W H Bottoms tract and on the west line of a 0 232-acre tract of land conveyed to Alber~ B
Grubba, Sr. and wife, Margaret V Grubbs, recorded in Volume 817, Page 632, DRDCT,
THENCE S 31 e 59' 52' W, along a line common to said Bottoms tract end said Grubbe tract, a
distance of 30 92 feet to a found 1/2-inch iron rod for the southeast corner of said W H Bottoms
tract and the southwest corner of said Grubba tract, same being a point on the exlstJng north right
of way hne of U.S. 77,
(3)
THENCE N 58° 03' 18' W, along a line common to said Bottoms tract and the existing north right
of way line of said U S 77, a distance of 65 15 feet to a found ll2-tnch iron rod for the
southwest comer of said Bottoms tract end said point being ,n the east line of said Baker tract,
(4)
THENCE N 32° 04' 09" E, along a llne common to said Bottoms tract and said Baker tract, a
distance of 30 76 feet to the POINT OF BEGINNING, and containing 0 046 acre, or 2,009 square
feet of land, more or less
John F Wilder, R P L S
Texas No 4285
Date