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Home My WebLink About2002-381SAOur Documents\0rdinmmA02\Chavez Condemation Ordinance .doc AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 3.6469 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR MUNICIPAL LANDFILL EXPANSION PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE G.WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, GENERALLY LOCATED ON THE EAST SIDE OF MAYHILL ROAD BETWEEN SPENCER ROAD AND FOSTER ROAD; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF DENTON MUNICIPAL LANDFILL EXPANSION, AND OTHER MUNICIPAL PURPOSES; AND DECLARING AN EFFECTIVE DATE. 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 the public purposes described herein, with such fee simple title vesting in the City of Denton; and WHEREAS, the hereinafter described property is believed to be owned by the Rosa Lee Chaves, as to a life estate, and Ronald Brown, Terry Brown, and Wanda Nell Harris, as to a remainder interest ("Owners"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Public necessity exists and public welfare and convenience require the acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 3.6469 acres, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit `B", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for expansion of the Denton Municipal Landfill facilities and operations. SECTION 2. The City Council finds that $100,000 00 (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum being based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the Owners of the Property in the amount of the Compensation. SECTION 3. In the event the offer as described in Section 2 is refused by the Owners of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owners and any other parties having an interest in the Property to acquire fee simple title in the Property for the purposes described in Section 1 above, with such fee simple title vesting in the City of Denton. SECTION 4. If it should be subsequently determined that additional parties other than those named herein have an interest in the Property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as defendants in said condemnation. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /9day of 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY IM 2u&�� &4- EULINE BROCK, MAYOR Page 2 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY. SITUATED in the City of Denton, Denton County, Texas being a tract of land out of the Gideon Walker Survey, Abstract No. 1330, said tract being a portion of that parcel of land conveyed to Rosa Lee Chavez by deeds as recorded in Volume 385, Page 87, Volume 676, Page 369 and Volume 676, Page 371 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said tract being herein more particularly described by metes and bounds as follows: COM114ENCING at a''/2' capped iron rod at the southwest property comer of the said Chavez tract, said point being the northwest property corner of a tract of land conveyed to the City of Denton by deed as recorded in Denton County Clerk's File No. 96-0034339 (D.C.C.F.No.), said point also being on the existing easterly right-of-way of South Mayhill Road; THENCE, North 4 degrees 06 minutes 39 seconds East, along the west property line of the said Chavez tract and along the said right-of-way line of South Mayhill Road, 150.12 feet to the POINT OF BEGINNING; THENCE, North 4 degrees 06 minutes 39 seconds East, continuing along the said property line and said right-of-way line, 146.36 feet to a point; THENCE, North 88 degrees 21 minutes 07 seconds West 26.79 feet to a point on the west line of the said Gideon Walker Survey, said point being at the approximate centerline of South Mayhill Road; THENCE, North 3 degrees 37 minutes 40 seconds East, along the west property line of the said Chavez tract and along the said survey line, 118.49 feet to the northwest property comer of the said Chavez tract; THENCE, South 88 degrees 30 minutes 57 seconds East at 27.79 feet passing a RR -TIE corner post at the southwest property corner of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F.No. 99-0088982, continuing in all 740.93 feet to a 1/2" iron rod found at the northeast property corner of the said Chavez tract; THENCE, South 2 degrees 02 minutes 53 seconds West, along a easterly property line of the said Chavez tract and along a westerly property line of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F.No. 95-0072063, 180.40 feet to a RR -TIE corner post at a southeast property corner of the said Chavez tract, said point being the northeast property comer of a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F.No.96-0021132; THENCE, North 88 degrees 53 minutes 11 seconds West, along a southerly property line of the said Chavez tract and along the north property line of the said City of Denton tract (96-0021132), 417.21 feet to a 3/8" iron rod found at the northwest property corner of the said City of Denton tract (96-0021132); THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of the said Chavez tract and along a westerly property line of the said City of Denton tract (96-0021132), 83.10 feet to a point on a north common property line of the remainder of land conveyed to Rosa Lee Chavez by deed recorded in Volume 676, Page 369 of the D.R.D.C.T.; THENCE, North 88 degrees 14 minutes 03 seconds West, along the said common property line, 304.97 feet to the POINT OF BEGINNING; The tract of land being herein described contains 3.6469 acres (158,859 Sq. 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