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HomeMy WebLinkAbout1996-143f \wpdocs\ord\brockie ord ORDINANCE NO 7:0'/ 1A7 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN 1 822 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY, A-1330, OWNED BY JAMES L BROCKIE, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE 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 ACQUIRING SUCH PROPERTY FOR THE EXPANSION OF THE CITY'S LANDFILL, AND DECLARING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acquisition of a fee simple interest in the hereinafter described land for the public purpose of acquiring such property for the expansion of the City's landfill and that the City of Denton should acquire said property necessary for said purpose, and WHEREAS, the hereinafter described property is owned by James L Brockie, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below' SECTION II That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction SECTION III That in the event the offer as described in Section II is refused by the owners of said 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 against James L Brockie to acquire a fee simple interest in 1 822 acres of land located in the Gideon Walker Survey, A-1330, for the public purpose of acquiring such property for the expansion of the City's landfill upon the land more particularly described as follows All that certain 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 if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is authorized and directed to loin said parties as Defendants in said condemnation SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the aj&day of 1996 JACI ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY h�Cl c Page 2 EXHIBIT "A" ALL that certain lot, tract, or parcel of land situated in the Gideon Walker Survey A-1330, Denton County, Texas being part of a (called) 61 67 acre tract described in a deed from Midway Corporation to James L Brockie, recorded in Volume 2903, Page 0169 Real Property Records and being more particularly described as follows, BEGINNING at the northwest corner of said Brockie tract, THENCE south 860 53' 00" east with a fence 325 92 feet to the northwest corner of a tract shown by deed to the City of Denton from Wm D. Smiley recorded in Volume 1113, Page 910 Deed Records, THENCE south 250 40' 00" west with the westerly line of said City of Denton tract 324 83 feet to a point for corner, THENCE north 860 53' 00" west a distance of 203 10 feet to a point in the west line of said Brockie tract, THENCE north 30 27' 00" east with the west line of said Brockie tract 300 0 feet to the Point of Beginning and containing 1 822 acres of land , more or less.