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23-719 INCOMPLETEORDINANCENO. 23-719 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, ORTHEIR DESIGNEE. TO EXECUTE A LETTER DONATION AGREEMENT AND ACCEPTTHE GIFT AND DEDICATION OF A FEE SINWLE INTEREST IN APPROXIMATELY 6.8717ACRES OF LAND LOCATED SOUTH OF JIM CHRISTAL ROAD LOT 3, AND APORTION OF LOT 4, BLOCK A, WESTPARK ADDITION, PHASE 2; CITY ANDCOUNTY OF DENTON, TEXAS; AND PROVIDING FOR SEVERABILITY AND ANEFFECTIVE DATE. WHEREAS, Westpark Group, LP has offered to dedicate to the City of Denton (“City“) an approximately 6.8717 acre tract of land located south of Jim Chdstal Road, Lot 3, and a portion of Lot 4, Block A, Westpark Addition, Phase 2, City and County of Denton, Texas; and WHEREAS, the City has conducted its due diligence to determine the environmental condition of the property and desires to accept fee simple title to the property for future public uses; and WHEREAS, the City Council hereby finds that accepting the fee simple dedication willbenefit and serve the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or their designee, is authorized to execute a Letter Donation Agreement, attached hereto as Exhibit A, and accept on behalf of the City of Denton, the dedication of a fee simple interest in an approximately 6.8717 acre tract of land via a Special Warranty Deed asExhibit B SECTION 3. The City Manager is further authorized to carTy out all duties and obligations to accept the dedication and complete the title transfer. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Sr . A.. Sac \ C and secondedby g,„._J ,a Ct-cII Me G rc , the ordinance was passed and approved by the following vote E- a: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd District 1 : Brian Beck. District 2: Jesse Davis. District 3: VACANT. DisUict 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At large Place 6: ,/ ,/ ./ ,/ ,/ IZ PASSED ANDAPPROVEDMsthe LI th day of npr i \J 2023 . ATTEST:GERARD HUDSPETH, MAYOR TY s-ROSA b\\\\It111111 Mcity horst„y APPROVED AS TO LEGAL FORM: MACK REDqWAND, CITY ATrORNEY „= & Land Dedication R DWells Electric Substation South of Jim Christal Road – 6.8717 Acres Page 2