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