HomeMy WebLinkAbout1999-093'79
ORDINANCE NO - 0 9 3
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A DRAINAGE EASEMENT IN A PARCEL OF LAND COMPRISING 0 366 ACRES,
LOCATED IN THE H SISCO SURVEY, ABSTRACT NO A-1184, OWNED BY JASPER
KUYKENDALL, JR , 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, Jr,
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 Exhibit "A"
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, Jr to acquire a drainage easement in 0 366 acre parcel 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 Exhibit A 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
SECTION V That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 1999
JACK ER, MAYOR `
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY �JIA III .I . .I FORMA
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PROPERTY DESCRIPTION
0.366 ACRE
0 366 OF AN ACRE OF LAND SITUATED IN THE H SISCO SURVEY, A-1184, DENTON COUNTY, TEXAS
SAID ACREAGE IS A PORTION OF A TRACT OF LAND CONVEYED TO JASPER KUYKENDALL, JR
ACCORDING TO THE DEED RECORDED IN VOLUME 722, PAGE 658, DEED RECORDS, DENTON COUNTY,
TEXAS SAID ACREAGE IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
0* ATA%INCHIRONRODFOUND ATTHESOUTHWEST CORNEROFSAID KUYKENDALL,
JR TRACT, SAME BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JASPER
KUYKENDALL ACCORDING TO THE DEED RECORDED IN VOLUME 659, PAGE 696, SAID DEED
RECORDS
THENCE N00°28'51"E ALONG THE L COMMON TO SAID KUYKENDALL AND KUYKENDALL, JR
TRACTS, 11155 FEET TO THE
THENCE N00028'51"E CONTINUING ALONG SAID LINE COMMON TO KUYKENDALL AND
KUYKENDALL, JR TRACTS, 104 17 FEET TO A 5/8 INCH IRON ROD FOUND AT THE NORTHWEST
CORNER OF SAID KUYKENDALL, JR. TRACT,
THENCE S72008'37"E ALONG THE NORTH LINE OF SAID KUYKENDALL, JR TRACT, 170 14 FEET TO A
1 INCH PIPE FOUND,
THENCE S00040'54"W ALONG THE EAST LINE OF SAID KUYKENDALL, JR TRACT, 92 44 FEET,
THENCE N75°5747"W LEAVING SAID EAST LINE, 166 69 FEET TO THE PLACE OF BEGINNING
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