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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