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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.