HomeMy WebLinkAbout2001-025S \Our Documents\Ordinances\00\North Denton Partners 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 20 ACRE TRACT OR PARCEL OF LAND BEING PART OF LOT
2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON
IN FEE SIMPLE FOR A REGIONAL DETENTION POND SAID PROPERTY BEING
LOCATED IN B B B& C R R CO SURVEY, ABSTRACT NO 180, AND IN THE T TOBY
SURVEY, ABSTRACT NO 1288, CITY OF DENTON, DENTON COUNTY TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 A REGIONAL DETENTION POND,
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 a regional detention pond,
with such fee simple title vesting in the City of Denton, Texas, and
WHEREAS, the hereinafter described property is believed to be owned by North Denton
Partners, Ltd ("Owner"), and
WHEREAS, as authorized by Ordinance No 2000-370 the City and the Owner entered
into that certain Contract of Sale dated October 4, 2000 (the "Contract') which provided for the
sale and purchase of the hereinafter described property, and
WHEREAS, the City and Owner were not able to consummate the Contract due to the
inability of the Owner to obtain a release of certain liens 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 for a regional detention pond, with such fee simple title vesting in
the City of Denton, Texas, in that certain tract or parcel of land containing approximately 20
acres, 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 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 the purchase price in the
Contract The City Council finds that the purchase price in the Contract is an offer of just
compensation The City Manager is authorized to extend the Contract closing date, in his
discretion
SECTION 3 In the event the offer as described in Section 2 is refused by the Owner of
the Property or the Owner is unable to convey clear title, free of all liens and encumbrances, 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
Owner and/or any other parties having an interest in the Property to acquire fee simple title in the
Property, free and clear of liens and encumbrances, for the purpose of a regional detention pond,
with such fee simple title vesting in the City of Denton
SF,CTION 4 If it should be subsequently determined that additional parties other than
those named herem have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemnation
SSECTION 6 This ordinance shall become effective immediately upon its passage and
approval 61
PASSED AND APPROVED this the day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L MUTY, CATY ATTORNEY
M.
Page 2
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EXHIBIT "A"
LEGAL DESCRIPTION
20 000 Acre Detention Pond
Being a tract of land situated in the City of Denton, Denton County, Texas and being a portion of
Lot 2, Block A, Sandlin Addition, an addition to the City of Denton, Denton County, Texas
according to the plat recorded in Cabinet 0, Slide 132 of the Deed Records of Denton County,
Texas, said tract of land being described by metes and bounds as follows
BEGINNING at a found %z inch capped iron rod ("COLEMAN") at the southeast corner of said Lot
2, said found %2 inch capped iron rod ("COLEMAN") also being at the northeast corner of said
Kmgswood Apartments, Tract A according to the plat recorded in Cabinet C, Slide 56 of said Deed
Records,
THENCE North 89 degrees 09 minutes 06 seconds West, along the south line of said Lot 2, along
the north line of said Kingswood Apartments, along the north line of Joyce Lane, along the north line
of Kmgswood Apartments, Phase Two, Lot One, according to the plat recorded in Cabinet C, Slide
88 of said Deed Records and along the north line of a parcel of land deeded to Denton North, Ltd
as recorded in Volume 817, Page 231 of said Deed Records, a distance of 729 53 feet to a point for
corner,
THENCE North, a distance of 135 28 feet to a point,
THENCE North 24 degrees 46 minutes 28 seconds West, a distance of 85 39 feet to a point,
THENCE North 48 degrees 06 minutes 59 seconds West, a distance of 367 24 feet to a point,
£HENCE North 71 degrees 27 minutes 31 seconds West, a distance of 210 01 feet to a point,
THENCE North 08 degrees 58 minutes 43 seconds Last, a distance of 348 59 feet to a point on the
north line of said Lot 2, also being on the south line of a tract of land deeded to Locust/288 Partners,
Ltd as recorded in Real Property Records number 99-0025993 of said Deed Records,
THENCE South 89 degrees 08 minutes 45 seconds East, along the north line of said Lot 2 and along
the south line of said Locust/288 Partners, Ltd tract, a distance of 1,200 00 feet to a found % inch
iron rod at the northeast corner of said Lot 2,
THENCE South 01 degree 05 minutes 52 seconds West, along the east line of said Lot 2, at 614 79
feet and 1 68 feet right passing a found'h inch iron rod, at 697 86 feet and 1 75 feet right passing
a found %z inch iron rod, and at 843 28 feet and 190 feet right passing a found '/2 inch iron rod, and
continuing in all a distance of 862 16 feet to the POINT OF BEGINNING, containing 871,202
square feet or 20 000 acres