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HomeMy WebLinkAbout1996-170e \wpdocs\ord\spencer ord *AMENDED BY ORDINANCE 96-238 ORDINANCE NO L76 410 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN 0 069 ACRES OF LAND LOCATED IN THE J W CHEEK SURVEY, ABSTRACT NO 324, OWNED BY SHERWOOD M SPENCER, ET AL , 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 ACQUIRING SUCH PROPERTY FOR DRAINAGE IMPROVEMENTS ASSOCIATED WITH WALMART, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acquisition of a fee simple interest in the hereinafter described land for the public purpose of acquiring such property for drainage improvements associated with WalMart and that the City of Denton should acquire said property necessary for said purpose, and WHEREAS, the hereinafter described property is owned by Sherwood M Spencer, et al , NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below SECTION II That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction SECTION III That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against Sherwood M Spencer, et al to acquire a fee simple interest in 0 069 acres of land located in the J W Cheek Survey, Abstract No 324, for the public purpose of acquiring such property for drainage improvements associated with WalMart upon the land more particularly described as follows Being a 0 069 acre tract of land situated in the J W Cheek Survey, Abstract No 324, Denton County, Texas, being a portion of a tract of land conveyed to Sherwood M Spencer, et al Recorded in Volume 940, Page 574, Deed Records, Denton County, Texas and said 0 069 acre tract of land being more particularly described by metes and bounds as follows Commencing at a 2" steel pipe found at the southeast corner of a tract of land conveyed to Norman E Brinker, recorded in Volume 3389, Page 348, Deed Records, Denton County, Texas Thence North 050 55' 05" East along said Brinker tract a distance of 124 47 feet to the point of beginning Thence North 00 55' 05" East continuing along said tract a distance of 80 00 feet to a railroad tie post Thence South 690 06' 58" East a distance of 80 00 feet Thence South 550 54' 04" West a distance of 91 81 feet to the point of beginning and containing 3008 square feet or 0 069 acres of land SECTION IV That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said condemnation SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �(�' day of 1996 JAC ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM' HERBERT L PROUTY, CITY ATTORNEY Page 2