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Home My WebLink About1999-092NOTE There is no Ordinance No 99-091 ORDINANCE NO 9 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN TWO PARCELS OF LAND COMPRISING 0 209 ACRES AND 0 910 ACRES, RESPECTIVELY, LOCATED IN THE H SISCO SURVEY, ABSTRACT NO A-1184, OWNED BY JASPER KUYKENDALL, SR, AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE 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 DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK, 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 a drainage easement in the hereinafter described land for the public purpose of constructing drainage improvements for the PEC-4 tributary of Pecan Creek, and that the City of Denton should acquire said property necessary for said purpose, and WHEREAS, the hereinafter described property is owned by Jasper Kuykendall, Sr, 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 drainage easement in the hereinafter described land as set forth in Exhibits "A" and `B" for the public purpose mentioned below SECTION II. That the City Manager or his designate is hereby authorized and directed to make an offer for the property to the owner 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 owner 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 Jasper Kuykendall, Sr to acquire a drainage easement in 0 209 and 0 910 acre parcels of land located in the H Sisco Survey, Abstract No A-1184 for the public purpose of acquiring such property for the construction of drainage improvements to the PEC-4 tributary of Pecan Creek, the land more particularly described as follows All that portion of land lying and being situated in the City 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 description 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 authorized and directed to join said parties as Defendants in said condemnation SSECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of lQi{ �/ , 1999 JACK I ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR VED AS TO LEGAL FORM HERBERT L PROUTY, CITY 7ORNEY Page 2 MCH LauvoLJww *pvALwu, Um=W9 MIvrce4�uyk dall&CmWmuiMlaodu oLx PROPERTY DESCRIPTION 0.209 ACRE 0 209 OF AN ACRE SITUATED IN THE H SISCO SURVEY, A-1184, DENTON COUNTY, TEXAS SAID ACREAGE IS APORTION OF A TRACT OFLAND CONVEYED TO JASPERKUYKENDALL ACCORDING TO THE DEED RECORDED IN VOLUME 1203, PAGE 661, DEED RECORDS, DENTON COUNTY, TEXAS SAID ACREAGE IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, 0,0**W# AT A 60D NAIL FOUND AT THE NORTH SIDE OF A 5 INCH SQUARE POST FOUND AT THE SOUTHWEST CORNER OF SAID KUYKENDALL TRACT, SAME BEING IN THE NORTH RIGHT -OF WAY LINE OF PRAIRIE STREET, THENCE N00° 34'45"E ALONG THE WEST LINE OF SAID KUYKENDALL TRACT,152 36 FEET TO A %6INCH IRON ROD FOUND, THENCE N00"40'54"E CONTINUING ALONG SAID WEST LINE OF SAID KUYKENDALL TRACT, 72 77 FEET TO "i"whm THENCE N00°40'54"E CONTINUING ALONG SAID WEST LINE, 6159 FEET TO THE SOUTH LINE OF A SAVE AND EXCEPT TRACT TO THE CITY OF DENTON ACCORDING TO THE AFOREMENTIONED DEED (VOLUME 1203, PAGE 661 ), THENCE ALONG SAID SOUTH LINE AND THE WEST LINE OF SAID CITY OF DENTON TRACT THE FOLLOWING CALLS, S75"51'16"E, 172 58 FEET, S37°54'44"W, 65 17 FEET, THENCE N75 057'47"W LEAVING SAID WEST LINE, 13197 FEET TO THE PLACE OF BEGINNING EXHIBIT,,,,_,_ PROPERTY DESCRIPTION 0.910 ACRE 0 910 OF AN ACRE OF LAND SITUATED IN THE R SISCO SURVEY, A-1184, DENTON COUNTY, TEXAS SAID ACREAGE IS A PORTION OF A TRACT OF LAND CONVEYED TO JASPER KUYKENDALL ACCORN COUNTY TEXASSAID ACREAGES ORE PARTICULARLY DESCRIBED BYMETES AS AND BOUNDS , DENAS FOLLOWS C04-*04WO AT A %, INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID KUYKENDALL KUYKENDALL, JR ACCORDING BEING THE TO THE TRACTHWEST CORNER OF A DEED RECORDED VOLUME 722, PAGE 658, SAID DEED RECORDS THENCE N055EET TO FALONG%� COMMON O SAID KUYKENDALL AND KUYKENDALL, JR TRACTS, THENCE N75057'47"W LEAVING SAID COMMON LINE, 57 94 FEET, THENCE N45004'26"W, 158 77 FEET, THENCE N17015'08"W, 112 58 FEET TO THE WEST LINE OF SAID KUYKENDALL TRACT ( SAID VOLUME 659, PAGE 696 ), THENCE N00° 06'20"W ALONG THE WEST LINE OF SAID TRACT, 141 15 FEET TO A METAL PIPE FOUND BENT, UP 4 FEET ( MR KUYKENDALL SAID, " I PLACED THIS PIPE AT THE CORNER SO WHEN THE PROPERTY WAS FILLED, I WOULD KNOW WHERE THE CORNER WAS " ), THENCE S84032'17"E ALONG THE NORTH LINE OF SAID KUYKENDALL TRACT, 108 00 FEET, THENCE ALONG THE EAST SIDE OF SAID KUYKENDALL PROPERTY THE FOLLOWING CALLS, S05°05'13"W, 10700FEET, S22° 59'00"E, 96 99 FEET, S46° 11' 17"E, 93 20 FEET TO A 518 INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF THE AFOREMENTIONED KUYKENDALL, JR'S TRACT, THENCE S00°2815111W ALONG THE LINE COMMON TO SAID KUYKENDALL AND KUYKENDALL' IR TRACTS, 104 17 FEET TO THE PLACE OF BEGINNING EXHIBITL