2017-053 Bill Harvey Property West WindsorDate: August 4, 2017 Report No. 2017-053
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Update on the property located at West Windsor Drive owned by Mr. Billy D. Harvey
BACKGROUND:
At the August 1, 2017, City Council Meeting, during the presentation from members of the public
section, Ginger Cain spoke on behalf of Mr. Harvey who owns a 10 acre tract along West Windsor
Drive. Mrs. Cain indicated that Mr. Harvey, who is 82 years old, desires to sell the property but
is having difficulty due to the encumbrances of the two gas wells located on the site.
During her comment period she notified the City Council and requested the following:
That the City did not complete the drainage site improvements as promised to Mr. Harvey
since 1974;
That the City consider taking over the two gas wells;
Or that the City find a way to assist Mr. Harvey in some fashion regarding the property due
to his age and that he has paid taxes on the property since the 1960s.
After Mrs. Cain’s comments, ACM Canizares did provide her a business card to pass on to Mr.
Harvey.
Over the last few days, staff has done research on the property to obtain addition al information,
which includes:
A drainage easement was obtained by the City in 1974 for construction upstream around
Northlakes.
In 1994, drainage upgrades along West Windsor were done within the limits of the
easement.
In 2002, Mr. Harvey leased the minerals and surface rights of the 10 acre tract to
Commonwealth Petroleum Company.
There are two gas well pad sites built on the property. Land records indicate that Mr.
Harvey was compensated for the surface use of the property, plus the royalties.
The floodway/floodplain encumbrances of the Pecan Creek tributary exists and
compounded by the development of gas wells, the property has limited value for future
development. The drainage channel and surrounding riparian buffer area upon the 10 acre
property tract is designated/mapped as an Environmentally Sensitive Area by the City of
Denton, however that overlay area is eclipsed by the predated FEMA mapping
floodway/floodplain footprint.
Staff also could not locate any written documentation in the archive of any promised site
improvements to the site. Unless Mr. Harvey can produce documentation that the City does not
have on file, there are no additional obligations by the City at this time.
Date: August 4, 2017 Report No. 2017-053
ATTACHMENTS:
1. Harvey Drainage Easement
2. Map of the Harvey 10 acre tract
STAFF CONTACT:
Mario Canizares, Assistant City Manager
(940) 349-8535
Mario.Canizares@cityofdenton.com