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1999-093AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC W~LFAR~ AND CONVENIENCE R~QUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN A PARCEL OF LAND COMPRISING 0 366 ACRES, LOCATED IN THE H SISCO SURVEY, ABSTRACT NO A-1184, OWNED BY JASPER KUYKENDALL, JR, 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 is hereby determined that a public necessity exists and that public welfare and convemanee hereby require the acqmsltlon of a drainage easement in the hereinafter described land for the public purpose of constructing drainage improvements for the PEC-4 tributary of Pecan Creek, and that the City of Denton should acquire smd property necessary for said purpose, and WHEREAS, the hereinafter described property is owned by Jasper Kuykendall, Jr, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That public necessity exists and pubhc welfare and convenience require the acqmsltlon of a drainage easement m the hereinafter described land as set forth in Exbablt "A" for the pubhe purpose mentioned below SECTION II That the City Manager or his designate is hereby authorized and directed to make an offer for the property to the owner of said hereinafter described property, based on just eompensataon recommended by an independent appraasal prepared at the City Manager's direction SECTION III That in the event the offer as described in Section II Is refused by the owner of smd property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary agmnst Jasper Kuykendall, Jr to acqmre a drainage easement in 0 366 acre parcel of land located in the H Slsco Survey, Abstract No A-1184 for the public purpose of acqumng such property for the construction of drainage improvements to the PEC-4 tributary of Pecan Creek, the land more particularly described as follows All that portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit A attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description SECTION IV, That ff~t should be subsequently determined that add~tlonal part,es other than those named hereto have an interest in smd property, then in that event, the City Attorney is authonzefl and directed to jmn said parties as Defendants ~n smd condemnation SECTION V That th~s ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED thls the .~_ day of ~, 1999 JAC~ ATTEST JENNIFER WALTERS, CITY SECRETARY ~PPROVED AS TO :reAL FO~ Page 2 PROPERTY DESCRIPTION 0.366 ACRE 0 36~ OF AN ACRE OF LAND SITUATED IN THE H SISCO SURVEY, A-1184, DENTON COUNTY, TEXAS SAID ACKEAG]~ IS A POI~TION OF A TRACT OF LAND CONVL:~F-.D TO SASPE~ KUY~ENDALL, JR ACCORDING TO THE DEED RECORDED IN VOLUME 722, PAGE 658, D~:~ ) RECORDS, DENTON COUNTY, TEXAS SAID ACREAGE IS MORE PARTICULARLY DESCRIBED BY i~ l~S AND BOUNDS AS FOLLOWS, ~(J~ AT A ½ INCH mON ROD FOUND AT THE SOUTHWEST CORNER OF SA]I) KUYKENDALL, JR. TRACT, SAM~ BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO SASPER KUYK~NDALL ACCORDING TO TH~ DEb RECORDED IN VOLUME 659, PAGE 696, SAID DEED RECORDS 'I'~u~NCE N00°28'$1"E ALON_G~ .~L.~MMO~ TO SAID KUYKENDALL AND KUYKENDALL, IR. TRACTS, 111 $$ FEET TO THE ~, TrouNCE N00o2s'Si"E CO~G ALONG sam LEas CO~ON TO KUYm~NDALL AND Kr_n'~NDALL, m. TRaCTS, I04 l? .'~T TO A 5/S INCH mON ~OD FOtmD AT T~m NO~THV~ST CORNER OF SAID KUYY~NDALL, ~. TRACT, TBENC~ S72°08'37"E ALONG THE NORTH LINE OF SAID KUYKENDALL, 3R. TRACT, 170 14 ~ ~.'~:T TO A 1 INCH PIPE FOUND, TIt,'~NCI~. S00°40'~4"W ALONG THE EAST LINE OF SAID KUYK~NDALL;/R. TRACT, 92 44 FEET, THENCE NT$°$7'47"W LEAVING SAID EAST LINE, 166 69 FEET TO THE PLACE OF BEGINNING ExHmrr