1996-143f \wpdocs\ord\brockie ord
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 i 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 landf~ll 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 Brockle, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ 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'
~ 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 lust
compehsat~on recommended by an independent appraisal prepared at
the City Manager's direction
~ 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 Brock~e 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 part~es other than those named herein have an interest
said property, then in that event the City Attorney is
authorlzed and d~rected to 3o~n said parties as Defendants in said
condemnation
~ That this ordinance shall become effective
immediately upon ~ts passage and approval
PASSED AND APPROVED th~s the ~%~day of~, 1996
JAC~
ATTEST
JENNIPER WALTERS, CITY SECRETARY
APPR D AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
ALL that certain lot, tract, or parcel of land s~tuated ~n the
G~deon 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 Brockle, recorded in Volume 2903, Page 0169
Real Property Records and belng more particularly described as
follows,
BEGINNING at the northwest corner of said Brock~e tract,
THENCE south 86° 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 25° 40' 00" west wlth the westerly line of said City
of Denton tract 324 83 feet to a point for corner,
THENCE north 86° 53' 00" west a distance of 203 10 feet to a point
· n the west llne of said Brockle tract,
THENCE north 3° 27' 00" east with the west line of sa~d Brockle
tract 300 0 feet to the Point of Beginning and containing 1 822
acres of land , more or less.