1996-170e \wpdocs\ord\spencer ord
*AMENDED BY ORDINANCE 96-238
ORDINANCE NO ~
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AIqD 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, mt ms hereby determined that a public necessity
exmsts and that publmc welfare and convenience hereby requmres the
acqulsmtmon of a fee s~mple mnterest mn the hereinafter described
land for the publmc purpose of acqumrmng such property for dramnage
mmprovements assocmated wmth WalMart and that the C~ty of Denton
should acqulre samd property necessary for sa~d purpose, and
WHEREAS, the hereinafter descrmbed property ms owned by
Sherwood M Spencer, et al , NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That publmc necessmty exists and publmc welfare
and convenience require the acquisition of a fee smmple ~nterest in
the hereinafter descrmbed land for the publzc purpose mentmoned
below
SECTION II That the Cmty Manager or hms deszgnee ms hereby
authormzed and d~rected to make an offer for the property to the
owners of samd heremnafter descrmbed property, based on lust
compensation recommended by an mndependent appramsal prepared at
the City Manager's dmrectmon
~ That mn the event the offer as described in
Sectmon II ~s refused by the owners of sa~d property, the Czty
Attorney ms hereby authormzed and dmrected to f~le the necessary
condemnation proceedmngs or sumt and take whatever actmon that may
be necessary agamnst Sherwood M Spencer, et al to acqumre a fee
smmple mnterest mn 0 069 acres of land located in the J W Cheek
Survey, Abstract No 324, for the publmc purpose of acquzrmng such
property for dramnage mmprovements assocmated wmth WalMart upon the
land more partmcularly descrmbed aa follows
Bemng a 0 069 acre tract of land s~tuated ~n the J W Cheek
Survey, Abstract No 324, Denton County, Texas, being a
port~on of a tract of land conveyed to Sherwood M Spencer, et
al Recorded mn Volume 940, Page 574, Deed Records, Denton
County, Texas and samd 0 069 acre tract of land being more
partmcularly descrmbed 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 Brlnker, recorded in
Volume 3389, Page 348, Deed Records, Denton County, Texas
Thence North 05° 55' 05" East along said Brlnker tract a
distance of 124 47 feet to the point of beginning
Thence North 0° 55' 05" East continuing along said tract a
distance of 80 00 feet to a railroad tie post
Thence South 69° 06' 58" East a d~stance of 80 00 feet
Thence South 55° 54' 04" West a d~stance of 91 81 feet to the
point of be~lnn~n~ and containing 3008 square feet or 0 069
acres of land
~ That ~f it should be subsequently determined that
additional parties other than those named herein have an interest
· n sa~d property, then ~n that event the City Attorney ~s autho-
rized and d~rected to ]o~n said part~es as Defendants in said
condemnatlon
~ That th~s ordinance shall become effective
immediately upon ~ts passage and approval
this the/~ day of ~, 1996
PASSED
AND APPROVED
JACk/MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L PROUTY, CITY ATTORNEY
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