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Home My WebLink About2014-071s:\legal\our documents\ordinances\14\551 mayhill ed ordinance.docx AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE SIMPLE TO A 2.115 ACRE TRACT; AND (II) A SLOPE EASEMENT, ENCUMBERING A 0.202 ACRE TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; GENERALLY LOCATED IN THE 500 BLOCK OF NORTH MAYHILL ROAD, EACH AFFECTED TRACT LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 927, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON "EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, (COLLECTIVELY THE "PROPERTY INTERESTS") AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and expansion of Mayhill Road affecting, among other lands and interests, the Property Interests; WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) 551 Mayhill Joint Venture, a Texas joint venture, the owner of the Property Interests ("Owner") on September 21, 2012; WHEREAS, the City provided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) years preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did not include a confidentiality provision and further informed the Owner of the Property Interests that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidential Notice"); WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interests on or before September 12, 2013, said date being after the thirtieth (301h) day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Final Offer, the Owner of the Property Interests was provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owner's remaining property; s:\1ega1\our documents\ordinances\14\551 mayhill ed ordinance.docx WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of the (a) Special Warranty Deed; and (b) Slope Easement, all being the instruments proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice; WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14) days to respond to the Final Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire domain (i) fee simple to a 2.115 acre tract; and (ii) a slope easement, encumbering a 0.202 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 500 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use of expanding and improving Mayhill Road, a municipal street and roadway in the City of Denton, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of expanding and improving Mayhill Road, a municipal street and roadway. NOW, THEREFORE, SECTION 1. The Council finds that a public use and necessity exists to widen and expand Mayhill Road and that a public use and necessity exists to expand and improve the City of Denton landfill to serve the citizens of the City of Denton, Texas, and that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home -rule and statutory authority to acquire by eminent domain, (i) fee simple to a 2.115 acre tract; and (ii) a slope easement, encumbering a 0.202 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 500 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, City of Denton, Denton County, Texas, as more s:\1ega1\our documents\ordinances\14\551 mayhill ed ordinance.dou particularly described on "Exhibit "A" attached hereto and made a part hereof, by reference. The Council hereby further finds and determines that the acquisition of the Property Interests is for a public use, to serve the public and the citizens of the City of Denton, Texas. S1-,,CT1ON 2. The Council hereby authorizes and directs the filing and prosecution of LI-1 1�- eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests, SECTION 3. The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4. The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the At day of-pdw-&-h—1 2014. MA ZK JR BUld'i 0UG11- S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: s:\Iegal\our documents\ordinances\14\551 mayhill ed ordinance.docx By• EXHIBIT "All - to Ordinance (Property Interests) Arthur Surveying Co., Inc. X—Rna ST"-Ve-UrzXV-5 — P.O. Box 54 — Lewisville, Texas 75067 Oilice: (972) 221-9439 — Fax: (972):221-467-5 PARCEL M070 2.115 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated hi il-a ric M.E.P. & PRR� Ct)n1pany Survey, Astj � act Number 927, City of Denton, Denton County, cxas, and behig part of that certain it -act of land described by deed to 551 Mayhill Joint Venture, recorded uridel-Instrument Number 2005-6231, official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being more particularly described as follows: BEGINNING at a "PK" Nail found in Mayhill Road for the northeast corner of said 551 Mayhill Joint Venture Tract, same point -being -in the west line of a tract of land described by deed to John Ray, re I corded under Instrument Number 2006-9193 1, O.P.R.D. C.T.; THENCE South 01 degrees 3 6 minutes 28 seconds West, with Mayhill Road and the, cast line of said 551 Mayhill Joint Venture Mict, a distance of 817.93 feet to a "PK" Nail set in Mayhill load for the southeast comer of said 551 Mayj)ill Joint Venture tract, same point being in. the west line of a tract of land described by (iced to 1herrie Logan, recorded under County Clerk's File Number 95-53 88 1, Real Property Records, Denton County, Texas (R.P.R.D,C.T.), 711ENCE South 89 degrees 52 minutes 21 seconds West, with the south line of said 551 Mayhill Joint Venture tract, a distance of 111 A 1, feut to a 1/'2 ii-Irf, iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for conwr in the south. line of said 551 Mayhill Joint Venture tract and the north line of a tract of land described by deed to George A. Calhoun and wife, Jannet D, Calhoun, recorded under County Clerk's File Number 99-9674, R.P.R.D.C.T.; THENCE North 01 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, a distance of 817.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said 551 Mayhill Joint Venture tract and the south line of the,"South Tract" described by deed to Martino Realty Ltd., Partnership, recorded under Instrument Number 2005-143 88 . 0; THENCE North 99 degrees 52 minutes 44 seconds East, with the north line of said 551 Maybill Joint Venture tract and the south line of said Martino Realty tract, a distance of 114-00 feet to the POINT OF BEGINNING and containing 2.115 acres of land, of which 0.399 acres lie existing Mayhill Road. C1107131-31 Parcel M070 EXHIBIT "A" - to Ordinance (Property Interests) Martino Realty, Ltd. Partnership Inatr, No. 2005-143880 "South Traot" S89'52 ,44"'W I.R.F. 897.41' N89a5', (C. M.) 114.0 1 � Plan It Storage, LLC Instr, No. 2012-26389 w Pumc vvatyy vstr rde0i —mm P dnstr. No. 2012--5551 Fr €a c feyy Aocasa tit€@7ty t7rePnna 1r t rolnn0e Enuomant $ Instr. No. 20t2-d5551 [ i` 00 30° orolnoggo Eoaornent Qtr. No. 2012-55514 �-J 551 Mayhill Joint Venture to IF Instr. No. 2005-6231 vs# (neuf+der) 0 . fVC11 S8952"21"W y 58952'21"W f21`64" 828.04° j ®--_ 9°S2'2f 1, R. F. (C.M.) + t 11141 Vonnie Ceorge d}•e�rge A Calhoun & In+tr. No, 2007-1,34077 No3 8a v asl n. Whount Fla No. 9P-0674 fi i EXHIBIT "B 1' May'hill Road Parcel M074 2.115 Acres M.E.P. & P.R.R. Co. Survey, Abstract Number 927 City of Denton Denton County, Texas kull- John Raq In+tr. No. 2006-91931 NaU (t; M. ) 200 0 100 200 SCALE: 1" -200' Bearings shown hereon based on the City of Denton GIs Network, I Q I 0 - tJayl�tli. PalnL & Body Rhop VOL 2061, Pa. Wo N®TES: M + " I.R.F. = 1/2" Iron Rod Found a+ I.R.S. =1/2" Iron Rod Set with "Arthur yellow cap stamped Surveying Company" + All improvements not shown hereon. l • Easements recorded in Vol. 197, Pg. '#! 6 & Vol, 264, Pg. 151 as assigned in 1 o Vol. 756, Pg. 669 do not affect this - - — _ -- .tract.to the best of my knowledge. Easement recorded under Instrument No, 2006-131887, does not effect the implied Dedication subject tract. New Right-of-way 1.716 ao. (74,744 sq. ft.) Lxis€illg Implied Dedication 0.399 ac. (17,397 sq. ft.) ,.-', .1 il,l`OS (92,141 sq. f).) nr= ,° �"�NoU Parcel M070 Jharrle Laggan T C.C. P1. No. 96-63881 5 (',(lT�'riYdJrf.� frds""Id1`Tk'[{;.A"I`I(PtS 17i0 undomn R crl eloca hetrhy cewy t 1 rid2o dtesounxa (i7 F. I -.'a. t924SS) € d €leis cutvCy 3voa ttz(a Ay iun e all u'aa gmmd df €isn properly tagalty aewuihetl hcrcori naxt 1s coarse', and to Rha btJf of my In srovPe Pga, Mora arc no vlslble d1guaturnolca, c a �rlPn xhreetagas hi juv4e, twwd"y Jule o"ashler, aria roachuoants, ovCdApplee t o itroprovaneania, macnlWA of 0911 a 9f tvay IhAf 1 have Press advised ofoxcept as ahown hereon. rthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 54 — Lcwtsville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Established 1986 -- 2012 - EXHIBIT "A" - to Ordinance. (Property Interests) rthur Surveying Co., Inc. P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 -- Fax: (972) 221-4675 EXHIBIT "A" SLOPE EASEMENT 0.202 Acres on Countv, Texas BEING rill t1latcertairi lot, tractor parcel of hand situated In flieM.E.P. &P.R.R. company Survey, Abstract Number 927, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to 551 Mayhill Joint Venture, recorded under Instrument Number 2005-623 1, Official Public Records, Denton County, Texas (O.P.R.DC.T), and, bein-r-, more particularly described as follows: COMMENCING at a "PK" Nail found in Mayhill Road for the northeast comer of said 551 Mayhill Joint Venture Tract, same point being in the west line of a tract of land described by deed to John Ray, recorded under Instrument Number 2006-91931, O.P.R.D.C.T.; THENCE South 89 degrees 52 minutes 44 secowls West, with the 11or,,11 line of said 551 Mayhill Joint Venture tract, a distance of 11.4.00 feet to the POINT OF BEGINNING, saine point being in 1,11c south line of the "South Tract"described by deed to Martino Realty Ltd., Partnership, recorded under Instrument Number 2005-143880,. O.P.R,D.C.T.; THENCE South 01 degrees 25 minutes tes 36 seconds West, over and across said 551 Mayhill Joint Venture tract, a distance, of 393,88 feet to a poitit for comer; THENCE North 88 degree 34 minutes 24 seconds West, over and across said 551 Mayhill Joint Venture tract, a distance of 10.00 feet to a point for comer; THENCE North 02 degrees 23 minutes 15 seconds West, over and across said 551 Mayhill Joint Venture tract, a distance of 300.67 feet to a point for comer; THENCE North 01 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, a distance of 93.07 feet to a point for comer in the north line of said 551 Mayhill Joint Venture tract and the south line of said Martino Realty tract; THENCE North 89 degrees 52 minutes 44 seconds East, with the north line of said 551 Mayhill Joint Venture tract and the south &e of said Martino Realty tract, a distance of 30.01 feet to the. POINT OF BEGINNING and containing 0.202 acres of land. OF ji . t4 .. M. VIUSSELL... su C 1107131-31 Parcel M070-PSE EXHIBIT "A" - to Ordinance (Property Interests) Martino Realty, Ltd. Partna-Up John Ray Instr No 2000-143880 s g Infitr. No. 2009-81931 .South TraeV P.4- S89'52'441"W N8905244"B I.R.F. 867.40 30.01' Nall Found 0-- S8952'44"W Foun d (�C,&.) .4 1 1 114. 00' 0.202 Acre Slope Easement,,, (8,804 sq. ft.) Plan It Storage, LW No. 2012-26380 4 16' Publ(c UtUtty Easement— F Ins(r. No. 2012-5551.3 O. UVIRY, ratnoga Ensernont I 2012-55515 N 100 0 50 100 SCALE: 1`100' Bearings shown hereon based on the City of Denton GIs Network. NOTES: 0 I.R.F. = 112" Iron Rod Found 0 ice. --4/24Pon Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 197, Pg. 6 & Vol. 264, Pg. 151 as assigned in Vol. 756, Pg. 669 do not affect this tract to the best of my knowledge. • Easement recorded under Instrument No. 2006-131887, does not affect the t9 M.yhra Faint & Body Shop Vol, 2061 , Pg. 508 —30' Drulnon CO20mqo I Ins1r. No, ka Mayhill Joint Venture OF 1551 Instr. No. 2005-6231 cl 9 N88*37 ,4!24` 1 T441 JOHN fa H 10,00, CIO It EXHIBIT "B" Slope Easement 0.202 Acre M.E.P. & P.R.R. Co. Survey, Abstract Number 927 City of Denton Denton County, Texas Syr subject tract. 71 a undcrelt,,=d doos WrcbY 0 ext"TY to TWO 1tr1t)1U0,U (0, 11. So . 1024.55) MW Lida fiUvoy was th[lg LlAy Itt ndo on flio gottod of (ho ptopelly 1490Y drsclOrd heman and to rorfcct, and k' 0M 110-If Of any kfl mVW8n, 01cro WO 00 01JOU dfz" uFNXIVI"„ 5,horLvos In afro„ to ussiary 11030 coankv, ,maollim or llghfy of WAY that thniD brut AdvisrAl of"o cp t 04 aho 4Vn hereon. rthur Surveying Co., Inc. Professional Land Surveyors 1,,.oJ3ox 54, — Lewinville. Texas 75067 office: (072) 221-9C39 Faz (972) 221-4675 Established 1,986 --.2012--