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2004-346' S:\Our Documents\Ordinances\04\Chavez Ordinance o f Necessity. DOC ORDINANCE NO. daO4 - ,-~ AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.0578 ACRE TRACT OR PARCEL OF LAND WITH FEE SIMPLE TITLE VESTING IN THE CITY OF DENTON, TEXAS AND SAID REAL PROPERTY BEING LOCATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF A PARCEL OF LAND CONVEYED TO ROSA LEE CHAVEZ BY DEED RECORDED IN VOLUME 676, PAGE 369 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS JUST COMPENSATION AND 1F SUCH OFFER IS NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF MUNICIPAL LANDFILL FACILITIES AND IMPROVEMENTS, AND OTHER MI_?NICIPAL PURPOSES 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 fee simple title for the public purposes described herein, with such fee simple title vesting in the City of Denton; and WHEREAS, the hereinafter described property is believed to be owned by Julian Chavez as a homestead interest, and Ronald Brown, Terry Brown, Wanda nell Harris aka Wanda Donoto, Kermeth Howell, Kalxina Wilson, Kendra Howell and Keith Good, as to a remainder interest ("Owners"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Public necessity exists and public welfare and convenience require the acquisition of fee simple title, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 1.0578 acres, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for expansion of the Denton Municipal Landfill facilities and operations and other municipal p,urposes. SECTION 3. The City Council finds that $72,000.00 (the "Compensation") is just compensation for the Property including damages to the remainder, if any, said sum is based on an independent appraisal obtained by the City. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property in the amount of the Compensation. SECTION 4. In the event the offer as described in Section 2 is refused or not accepted by the owner of the Property, 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 any other parties having an interest in the Property to acquire fee simple title in the Property for the purposes described in Section 1 above, with such fee simple title vesting in the City of Denton. SECTION 5. 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 or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~/~Lt~ day of ~~ 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: Page 2 Exhibit A DESCRIPTION OF PROPERTY: SITUATED in the City of Denton, Denton CountY, Texas being a tract of land out of the Gideon Walker surVey, Abstract No. 1330, said tract being a portion of that parcel of land conveyed to ROsa Lee Chavez by deed as recorded in Volume 676, Page 369 of the Deed Records of Denton County, Texas (D.R.D.C.T.), said tract being .herein more particularly described by metes and bounds as follows: BEGINNING at a ~' capped iron rod at the southwest property corner of the said Chavez tract being herein. described, said point being the northwest property corner of a tract of land conveyed to the City of Denton by'deed as recorded in Denton County Clerk's File No. 96-0034339 (D.C.C.F'.No.), said point als°:being on the existing easterly right-of-way of South Mayhill Road; THENCE, North 4 degrees 06 minutes 39 seconds EaSt, along the west property line of the said Chavez tract and along the said' right-of-way line of South MaYhill R°ad, 150.12 feet to the northwest corner of the herein described tract; THENCE, South 88 degrees 14 minUtes 03 seconds East 304.97 feet to the northeast property corner of the herein described tract, said point being on the west property lin.e of · a tract of land conveyed to the City of Denton by deed as recorded in D;C.C;F.'No. 96-0021132; THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of the said ChaveZ tract and along a westerly property line of the said City of Denton tract (96-0021132), 233.11 feet to a %" capped iron rod found at a southeast property corner of the said Chavez tract, said' pOint being the northeast property corner of the said City of Denton tract (96-0034339); THENCE, North 88 degrees 14 minutes 03 secOnds West, along the southerly property line of the said .Chavez tract and along the north property line of the said City of Denton tract (96-0034339), 309.42 feet to the. POINT. OF BEGINNING; The tract of land being herein described contains 1.0578 ' acres (46,078 Sq. Ft.) of land. I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Compar~y Name: Spooner and Associates, Inc. By:-~~~~:~ Shaun Spoo~rer Registered Professional Land SurVeyor, Texas No. 4183 Date: 12-15-03 Exhibit B oo ~> -