1999-081 0RD1NANCE N0 0~- 0~5~/
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A STREET RIGHT-OF-WAY EASEMENT IN 1 619 ACRES OF LAND LOCATED IN
THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, OWNED BY SHADY SHORES
1-35 JOINT VENTURE, 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 FROM THE PROPOSED LAKEVIEW
BOULEVARD TO SHADY SHORES ROAD, AND DECLARING AN EFFECTIVE DATE
WHEREAS, it is hereby determined that a pubhc necessity emsts and that public welfare
and convemence hereby reqmre the acqmslt~on of a street right-of-way easement ~n the
hereinafter descnbed land for the public purpose of constructmg street ~mprovements from the
proposed Lakevlew Boulevard to Shady Shores Road and that the City of Denton should acquire
smd property necessary for smd purpose, and
WHEREAS, the hereinafter described property is owned by Shady Shores 1-35 Jmnt
Ventures, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That public necessity crests and pubhc welfare and convemence require the
acqmsltlon of an one hundred twenty (120) foot wide street right-of-way easement in the
hereinafter described land for the public purpose mentioned below
SECTION II That the City Manager or his demgnee is hereby authorized and directed to
make an offer for the property to the owner of smd hereinafter described property, based on just
compensation recommended by an independent apprmsal prepared at the City Manager's
direction
SECTION III. That in the event the offer as described ~n Section II is refused by the
owner of smd property, the C~ty Attorney is hereby authorized and d~rected to file the necessary
condemnation proceedings or stat and take whatever action that may be necessary agmnst Shady
Shores 1-35 Joint Venture to acqmre a street right-of-way easement ~n 1 619 acres of land located
in the Gideon Walker Survey, Abstract No 1333, for the pubhc purpose of acqumng such
property for the construction of street improvements from the proposed Lakevlew Boulevard to
Shady Shores Road upon the land more particularly described as follows
All that portion of land lying and being situated ~n the C~ty of Denton, Denton County, Texas,
described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes, to
which reference is here made for a more particular descnptlon
SECTION IV, That ff it should be subsequently determined that additional parties other
than those named herem have an interest ~n smd property, then in that event, the C~ty Attorney is
authorized and d~rected to jom smd part,es as Defendants ~n smd condemat~on
SECTION V That th~s ordmance shall become effective lmmedmtely upon ~ts passage
and approval
PASSED AND APPROVED this the~/g2~ day of .~/Z/~E~d , 1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
F kshared\deptkLGL\Our Doeuments\Ordmances\98\presorve street row ordinance doc
Page 2
EXHIBIT "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, CITY AND
COUNTY OF DENTON, TEXAS, AND BEING THE SAME (CALLED) 1.619 ACRE
TRACT OF LAND DESCRIBED IN A DEED TO SHADY SHORES 1-35 JOINT
VENTURE, RECORDED UNDER COUNTY CLERK'S FILE No. 95-R0053704, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGi]VNING AT THE NORTHEAST CORNER OF SAID 1.619 ACRE TRACT, ALSO
BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A
DEED TO JOHN L. TINNRELLO, RECORDED IN VOLUME 3363, PAGE 929, OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, ON THE SOUTH
LINE OF A TRACT OF LAND DESCI~IRED IN A QUITCLAIM DEED TO THE CITY
OF DENTON, RECORDED UNDER COUNTY CLERK'S FILE No. 93-R0058485, OF
THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
THENCE SOUTH 14 DEGREES 38 MINUTES 30 SECONDS WEST WITH THE EAST
LINE OF S~IB 1.619 ACRE TRACT AND THE WEST LINE OF s/~m TINNRELLO
TRACT, A DISTANCE OF 539.49 FEET TO A CORNER AT THE BEGINNING OF A
CURVE TO THE LEFT;
THENCE WITH SAID CURVE TO THE LEFT, RAVING A CENTRAL ANGLE OF 01
DEGREE 25 MINUTES 05 SECONDS, A RADIUS OF 1017.00 FEET, AN ARC LENGTH
OF 25.17 FEET, WITH A CHORD WHICH BEARS SOUTH 15 DEGREES 21 MINUTES
03 SECONDS WEST A DISTANCE OF 25.17 FEET TO THE SOUTHEAST CORNER
OF SAID 1.619 ACRE TRACT AT THE SOUTHWEST CORNER OF SAID
TINNRELLO TRACT, ON THE NORTH RIGHT-OF-WAY OF SHADY SHORES
ROAD;
THENCE NORTH 80 DEGREES 14 MINUTES 13 SECONDS WEST WITH THE
SOUTH LINE OF SAID 1.619 ACRE TRACT AND THE NORTH RIGHT-OF-WAY OF
SHADY SHORES ROAD, A DISTANCE OF 120.83 FEET TO THE SOUTHWEST
CORNER OF SAID 1.619 ACRE TRACT AND THE SOUTHEAST CORNER OF A
TRACT OF LAND DESCRIBED IN A DEED TO ERNEST A. TINNRELLO,
RECORDED IN VOLUME 3363, PAGE 925, OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS, AT THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 02
DEGREES 15 MINUTES 52 SECONDS, A RADIUS OF 897.00 FEET, AN ARC I,ENGTH
OF 35.45 FEET, WITH A CHORD WHICH BEARS NORTH 15 DEGREES 46 ~,fINUTES
26 SECOI~)S EAST A DISTANCE OF 35.45 FEET TO A CORNER;
EXHIBIT "A" (cont.)
THENCE NORTH 14 DEGREES 38 MINUTES 30 SECONDS EAST WITH THE WEST
LINE OF S~IFI 1.619 ACRE TRACT AND THE EAST LINE OF SAID ERNEST A.
TINNRELLO TRACT, A DISTANCE OF 5?3.69 FEET TO THE NORTHWEST
CORNER OF s~m 1.619 ACRE TRACT AND THE NORTHEAST CORNER OF s~m
ERNEST A. TINNRELLO TRACT, ON THE SOUTH LINE OF SAID CITY OF
DENTON TRACT AT THE BEGiblNING OF A CURVE TO THE RIGHT;
THENCE WITH SAID CURVE TO THE RIGHT, RAVING A CENTRAL ANGLE OF 04
DEGREES 57 MINUTES 23 SECONDS, A RADIUS OF 1442.93 FEET, AN ARC
LENGTH OF 124.82 FEET, WITH A CHORD WHICH BEARS SOUTH 59 DEGREES 27
MINUTES 06 SECONDS EAST A DISTANCE OF 124.78 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 70,547.80 SQUARE FEET OR 1.619 ACRES
OF LAND.
DRRn DISPLAY
"~ ~, ~-r ~"
I
t2 '09 '33'
I tmsmst p,qcs~ t~Lm~o cmP~m' go'
3O'
7~'
~LLED
~ ,.~,, ~c.
~ ~LLED
6.~87 AC. 08 '0~' 37'
I ~ '37 O0'N
I
'09'27'H
R-ag7 00' ~10 '15'47"E
T-t7 73 88 g4'
CH-35CB"tI545"46' 28"~ ~ ' - 8t5 '4g' 58'~
..... 2ao sa'__ I et5 'eT' e~
[0t7 00'
Scale, I" = 200' Sheet:
Da. te~AUG ~ 1998 ~f
dob No ~ 9652
)rafted~ T d M
Checked~ d S B , 1