2001-025S \Our Documents\Ordmances\00\North Denton Partners Condemnation Ordinance doc
ORDINANCE NO
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 20 ACRE TRACT OR PARCEL OF LAND BEING PART OF LOT
2, BLOCK A OF THE SANDLIN ADDITION, AN ADDITION TO THE CITY OF DENTON
IN FEE SIMPLE FOR A REGIONAL DETENTION POND SAID PROPERTY BEING
LOCATED IN B B B & C R R CO SURVEY, ABSTRACT NO 180, AND IN THE T TOBY
SURVEY, ABSTRACT NO 1288, CITY OF DENTON, DENTON COUNTY TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE PROPERTY FOR JUST COMPENSATION 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 A REGIONAL DETENTION POND,
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 a regional detention pond,
with such fee simple t~tle vesting in the City of Denton, Texas, and
WHEREAS, the hereinafter described property is believed to be owned by North Denton
Partners, Ltd ("Owner"), and
WHEREAS, as authorized by Ordinance No 2000-370 the City and the Owner entered
into that certain Contract of Sale dated October 4, 2000 (the "Contract") which provided for the
sale and purchase of the hereinafter described property, and
WHEREAS, the City and Owner were not able to consummate the Contract due to the
mablhty of the Owner to obtain a release of certain hens NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Public necessity exists and public welfare and convemence require the
acquisition of fee simple title for a regional detention pond, with such fee simple title vesting in
the City of Denton, Texas, in that certmn tract or parcel of land containing approximately 20
acres, together with improvements thereon and appurtenances thereto as more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference (the "Property")
SECTION 2 The City Manager or his designee is hereby authorized and directed to
make an offer for the Property to the owner of the Property, based on the purchase pnce in the
Contract The City Council finds that the purchase price in the Contract is an offer of just
compensation The City Manager is authorized to extend the Contract closing date, in his
discretion
SECTION 3 In the event the offer as described in Section 2 is refused by the Owner of
the Property or the Owner is unable to convey clear t~tle, free of all liens and encumbrances, the
City Attorney or Ins designee is hereby authorized and directed to file the necessary
condemat~on pmceechngs or stat and take whatever action that may be necessary agmnst the
Owner and/or any other part,es having an interest in the Property to acquire fee simple title m the
Property, free and clear of hens and encumbrances, for the purpose of a regional detention pond,
w~th such fee simple t~tle vesting in the City of Denton
SECTION 4 If ~t should be subsequently determined that additional parties other than
those named hereto have an interest m smd property, then ~n that event, the C~ty Attorney or h~s
designee ~s authorized and d~rected to join smd parties as Defendants in smd condematlon
SECTION 6 Th~s ordinance shall become effective Immediately upon 1ts passage and
approval
PASSED AND APPROVED this the ~p~q ~/~ day of
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERB~~TY ATTORNEY
BY ~"' "~
Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
20 000 Acre Detention Pond
Being a tract of land s~tuated ~n the Ctty of Denton, Denton County, Texas and being a port~on of
Lot 2, Block A, Sandhn Addition, an add~tton to the C~ty of Denton, Denton County, Texas
according to the plat recorded m Cabinet O, Shde 132 of the Deed Records of Denton County,
Texas, smd tract of land being described by metes and bounds as follo~vs
BEGINNING at a found Va tach capped ~ron rod ("COLEMAN") at the southeast comer of smd Lot
2, smd found ½ tach capped ~ron rod ("COLEMAN") also betng at the northeast comer of smd
Kmgswood Apartments, Tract A according to the plat recorded ~n Cabinet C, Shde 56 of smd Deed
Records,
THENCE North 89 degrees 09 mtnutes 06 seconds West, along the south hne of smd Lot 2, along
the north hne of smd K~ngswood Apartments, along the north hne of Joyce Lane, along the north hne
of Kmgswood Apartments, Phase Two, Lot One, according to the plat recorded m Cabinet C, Slide
88 of smd Deed Records and along the north hne of a parcel of land deeded to Denton North, Ltd
as recorded m Volume 817, Page 231 of smd Deed Records, a d~stance of 729 53 feet to a point for
comer,
THENCE North, a d~stance of 135 28 feet to a point,
THENCE North 24 degrees 46 minutes 28 seconds West, a d~stance of 85 39 feet to a point,
THENCE North 48 degrees 06 minutes 59 seconds West, a d~stance of 367 24 feet to a point,
FHENCE North 71 degrees 27 m~nutes 31 seconds West, a d~stance of 210 01 feet to a point,
THENCE North 08 degrees 58 minutes 43 seconds East, a dmtance of 345 59 feet to a point on the
north llne of smd Lot 2, also bmng on the south hne ora tract of land deeded to Locust/288 Partners,
Ltd as recorded m Real Property Records number 99-0025993 of smd Deed Records,
THENCE South 89 degrees 08 minutes 45 seconds East, along the north tree of said Lot 2 and along
the south hne of smd Locust/288 Partners, Ltd tract, a distance of 1,200 00 feet to a found ½ meh
~ron rod at the northeast corner of smd Lot 2,
THENCE South 01 degree 05 minutes 52 seconds West, along the east hne of smd Lot 2, at 614 79
feet and I 68 feet right passing a found ½ ~nch iron rod, at 697 86 feet and 1 75 feet right passing
a found ½ inch ~ron rod, and at 843 28 feet and 1 90 feet right pass,ag a found ½ inch ~ron rod, and
cont~nmng ~n all a d~stance of 862 16 feet to the POINT OF BEGINNING, contmnmg 871,202
square feet or 20 000 acres