1999-092 NOTE There is no Ordinance No 99-091
o INANcE No qq-C/q
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF A DRAINAGE EASEMENT IN TWO PARCELS OF LAND COMPRISING 0 209 ACRES
AND 0 910 ACRES, RESPECTIVELY, LOCATED IN THE H SISCO SURVEY, ABSTRACT
NO A-1184, OWNED BY ~'ASPER KUYKENDALL, SR, 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 ~s hereby determined that a public n¢cessay exists and that pubhc welfare
and conv~lence hereby reqmre the acqmmt~on of a drmnage easement ~n the hemn~er
described land for the public purpose of constmcung dmnage ~mprovements for the PEC-4
tributary of Pecan Creek, and that the Cay of Denton should acqmre smd property necessary for
said purpose, and
WHEREAS, the hereinafter described property ~s owned by Jasper Kuykendall, Sr,
NOW, TI-IEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That pubhc necessity exmts and pubhc welfare and convemence reqmre the
acqmmtlon of a drmnage easement m the hereinafter described land as set forth ~n Exhibits "A"
and "B" for the public purpose mentioned below
SECTION II. That the City Manager or his designate ~s hereby authorized and &retted
to make an offer for the property to the owner of smd hermnafter described property, based on
just eompansat~on recommended by an Independent epprmsal prepared at the C~ty Manager's
&reet~on
SECTION III That an the event the offer as described in Sectaon II ~s refused by the
owner of smd property, the City Attorney as hereby authorized and directed to file the necessary
condemnation proceedmgs or stat and take whatever action that may be necessary agmnst Jasper
Kuykendall, Sr to acquire a drmnage easement m 0 209 and 0 910 acre parcels of land located in
the H Sasco Survey, Abstract No A- 1184 for the pubhc purpose of acqumng such property for
the construetaon of drmnage improvements to the PEC-4 tributary of Pecan Creek, the land more
parhcularly described as follows
All that portion of land lying and being mtuated in the Cay of Denton, Denton
County, Texas, described an Exhibits A and B attached hereto and made a part
hereof for all purposes, to which reference ~s here made for a more particular
description
SECTION IV That ~f ~t should be subsequently determined that additional part,es other
than those named here~n have an interest in smd property, then in that event, the City Attorney ~s
authorized and directed to joan said part, es as Defendants ~n said condemnation
SECTION V, That th~s orchnance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED flus the ~,~'~ dayof ~, 1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
//
APPRDVED AS TO LEGAL FORM
HERBERT L PRC}LITY, CITYT~ORNEY
Page 2
PROPERTY DESCREPTION
0.209 ACRE
0 209 OF AN ACRE SITUATED IN THE H SISCO SURVEY, A-1184, DENTON COUNTY, TEXAS SAID
ACREAGE IS A PORTION OF A TRACT OF LAND CONVEYED TO SASPER KUYKENDALL ACCORDING TO
THE DEED RECORDED IN VOLUME 1203, PAGE 661, DEhD RECORDS, DENTON COUNTY, TEXAS SAiD
ACREAGE IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
~~~ AT A 60D NAIL FOUND AT THE NORTH SIDE OF A 5 INCH SQUARE POST FOUND AT
THE SOUTHWEST CORNER OF SAID KUYKENDALL TRACT, SAME BEING IN THE NORTH RIGHT-OF
WAY LINE OF PRAIRIE STREET,
THENCE N00" 34'45"E ALONG THE WEST LINE OF SAID KUYKENDALL TRACT, 152 36 FEET TO A H INCH
IRON ROD FOUND,
TRENCE N00°40'54"E CONTINUING ALONG SAID WEST LINE OF SAID KUYKENDALL TRACT, 72 77
FEET TO THE~~,
rm~Nc~ NOOO4O,sn,'E CO~a'~U~G ALONG SAm WEST L~, ~ 59 ~-~r TO THS SOr~TH i.r~ oF ^
SAVE AND EXCEPT TRACT TO THE CITY OF DENTON ACCORDING TO THE AFOREMENTIONED DEED
( VOLUME 1203, PAGE 661 ),
TItENCE ALONG SAID SOUTH LINE AND THE WEST LINE OF SAID CITY OF DENTON TRACT THE
FOLLOWING CALLS,
S75°51'16"E, 172 58 FEET,
S37°$4'44'W, 65 17 FEET,
THENCI~. N75 °57'47"W LEAVING SAID WEST LINE, 131 97 FEET TO TIIE PLACE OF BEGINNING
PROPERTY DESCRIPTION
0.910 ACRE
0 910 OF AN ACRg 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
ACCORDING TO TH~ DEED RECORDRD IN VOLUME 6S9, PAGE 696, DEED RECORDS, DENTON COUNTY
TEXAS SAiD ACREAGE iS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
CO~~ AT A '/: INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID KUYKENDALL
TRACT, SAME BEING THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO JASPER
KUYK~NDALL, 3R ACCORDING TO THE DEED RECORDED IN VOLUME 722, PAGE 658, SAID DEED
RECORDS
ACTS, 55 TO
THENCE N?5°57'47''W LEAVING SAID COMMON LEqE, 57 94 FEET,
THENC~ N45°04'26''w, 158 77 FEET,
THENCE N17° IY08"W, 112 58 FEET TO THE WEST LINE OF SAID KI.DIKEND ALL TRACT ( SAID VOLUME
659, PAGE 696 ),
TligNCE N00 ° 06'20"W ALONG ~ WEST LINE OF SAID TRACT, 141 15 FEET TO A METAL PIPE FOUND
BENT, UP 4 FEET ( MIL KLFYKENDALL SAID, "I PLACED TI{IS PIPE AT THE CORNER SO WHEN THE
PROPERTY WAS FILLED, I wOULD KNOW WHERE THE cORNER WAS" ),
TIIENCE S84°32'17''E ALONG THE NORTH LINE OF SAID KUYKENDALL TRACT, 108 00 FEET,
TI{ENC]5 ALONG TI-IE EAST SIDE OF SAID KUYKENDALL PROPERTY THE FOLLOWING CALLS,
S05°0YlY'W, 107 00 FEET,
S22°59'00"E, 96 99 FEET,
$46° 11' 17"E, 93 20 FEET TO A 5/8 INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF
THE AFOREMENTIONED KUYKENDALL, IR 'S TRACT,
THENCE S00°28'51''W ALONG THE LINE COMMON TO SAID KUYKENDALL AND KUYKENDALL, fR
TRACTS, 104 17 FEET TO THE PLACE OF BEGINNING
EXHIBIT