Loading...
HomeMy WebLinkAbout2014-072s:\legal\our documents\ordinances\14\haggard ed ordinance.dou ORDINANCE 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 1.029 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 0.624 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT ENCUMBERING A 0.076 ACRE TRACT, FOR; (A) AS CONCERNS THE MAYHILL TRACT AND THE SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS CONCERNS THE LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING THE CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID WASTE DISPOSAL FACILITY LOCATED IN THE CITY OF DENTON, TEXAS, GENERALLY LOCATED IN THE 1900 BLOCK OF SOUTH MAYHILL ROAD, EACH AFFECTED TRACT LOCATED IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, 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 and the expanding and improving of the City of Denton landfill, a permitted municipal solid waste disposal facility 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 expanding and improving the City of Denton landfill, a permitted municipal solid waste disposal facility constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) Wilma M. Haggard the owner of the Property Interests ("Owner") on or before September 24, 2013; 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, s:\1ega1\our documents\ordinances\14\haggard ed ordinance.doa 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 January 21, 2014, said date being after the thirtieth (3 oth ) 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; 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 (Mayhill Deed); (b) Special Warranty Deed (Landfill Deed), and (c) 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 (i) fee simple to a 1.029 acre tract (the "Mayhill tract"); (ii) fee simple to a 0.624 acre tract (the "Landfill tract"); and (iii) a slope easement encumbering a 0.076 acre tract, for; (a) as concerns the Mayhill tract and the slope easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the public use of expanding and improving the City of Denton landfill, a permitted municipal solid waste disposal facility located in the City of Denton, Texas, generally located in the 1900 block of South Mayhill Road, each affected tract located in the David Hough Survey, Abstract Number 646, 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 (a) as concerns the Mayhill tract and the slope easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the public use of expanding and improving the s:\1ega1\our documents\ordinances\14\haggard ed ordinance.dou City of Denton landfill, a permitted municipal solid waste disposal facility in the City of Denton, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of (a) as concerns the Mayhill tract and the slope easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the public use of expanding and improving the City of Denton landfill, a permitted municipal solid waste disposal facility. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 1.029 acre tract (the "Mayhill tract"); (ii) fee simple to a 0.624 acre tract (the "landfill tract"); and (iii) a slope easement encumbering a 0,076 acre tract, for; (a) as concerns the Mayhill tract and the slope easement, the public use of expanding and improving Mayhill Road, a municipal street and roadway; and (b) as concerns the landfill tract, for the public use of expanding and improving the City of Denton landfill, a permitted municipal solid waste disposal facility located in the City of Denton, Texas, generally located in the 1900 block of South Mayhill Road, each affected tract located in the David Hough Survey, Abstract Number 646, City Of Denton, Denton County, Texas, as more 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. SECTION 2. The Council hereby authorizes and directs the filing and prosecution of 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. s:\1ega1\our documents\ordinances\14\haggard ed ordinance.dou 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 day of 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARS LIMA • % .. Q I ll 0 t 1J _Inn I fhl By: MARK A. MAYOR 111 11111111111111 111111111 111 1 MIM rthur Surveying _r__-3•T7,d SX.XX-t--a_-1,rCP-rS P.O. Box 54 -, Lewisville, Texas 75067 Oil -tee: (972) 221-9439 -- Fax: (972) 221-4675 EXHIBIT "A" MAYIHLL ROAD PARCEL M136 1.029 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David I-jokIgh Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of (hat certain it -act of land described by deed to Mason A, Haggard and wife, Wilma Haggard, recorded in Volume 337, Page, 430, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner in the cast line of said Haggard tract and the northeast comer of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Official Public Records, Denton County, Texas (OT.R.D.C.T.), and being in the existing Mayhill Road; THENCE South 98 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 135.17 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Haggard tract and the south line of a tract of land described by deed to John Henry Bond, etaL, recorded under Instrument Number 2004-30989, O.P.R.D.C.T.; THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 01 degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 333.40 feet to the POINT OF BEGINNING and containing 1.029 acres of land. DOUGL:- r3 L ivy4 1. L C 1107131-27 Parcel M 136 'VYYTYUYT "A" - to Ordinance (Property Interests) I.R.F. t ,N� I b ry41 7��1 I 4 0 to I1 y5 too 05�l 100 N9705249 135.32' 1., =. fd4ri! SCALE: 1"= 100' -•• "" 1.R S "l52'"E Set Bearings shown hereon based on the City of 82.7 Denton GIS Network. 415' Gas £useniorl lost. No. 2006-64;W —TP&L £osement NOTES: 1 t vol. t9Q Pg. 620 . I.R.F. = Iron Rod Pound �f a l • C.LR.F. = 5/8" Iron Rod Found with bi Cl cap stamped "Cotton Surveying", 00 00 61 1.029 Acres MI Q • i.R S. =1/2" Iron Rod Set with ' I yellow cap stamped "Arthur Mason A Haggard & wife, Wilma Haggard I Parcel M136 �� I �� Surveying Company" Volume 337, Page 430 (44,839 sq. ft.) = j v All improvements not shown hereon. (remolnder) N l 3 a Easement recorded in Vol. 336, Pg. o t ^? 367 does not affect this tract to the ° b best ofiny knowledge. fQ� I Easement recorded in Vol. 341, Pg. f �J� t 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline not C3 specifically located. Blanket Easement -recorded in Vol. y I i I 357, Pg. 54 includes this tract. S8868.68' W i$� t38 `i6S.3„WI �,/� I?. S. 80.31) ft F. Cam— ®_ V sc':�"' � t3 5653"1 s/s" I.R.F. '003 to A8fiai4l I EE oi' id a Richard A Grab & �S{. wite, Nancy A Grab Instr. No. 2006-100770 i l ,gUR,°4 EYoX4; CER3'tr'ICA'A7r]1V; 11:c undaisirocd dorsberchycca€lfy to Vrk 14c-5oulucs (G, , No 12169k) tht,t dal' survey+ wets thin day mAdc ol, tile, Weimd of thv pioprr legally dascnhcd 1acr�tts •a{d la ¢atrr:rf, {tP{bt ur .'!ue hasp trf Mayhill Road ayict"6cvll;r,elIIIareattUde'adfncpfiffis, Caf0tliCts„ di4eJYinf7C311] area, 1d�rL]d+ttyline GtRillil�l5, Parcel M136 vaarttaar:bwcruts, avcrlapplag oflingarowrrnaats, ryse� tt��aofexc wn110reoLl. rtaeivlxel Lueoo. except ofexcept as shown 1.429 Acres Surveying Co., Inc. David Hough Survey, rthur Abstract Number 646 professional Land s"r`r`yom City of Denton y P.A.Box 54 — Lewisville, Texas 76067 Office: (972) 221-9439 Fax: (972) 221-4675 Denton County, Texas Estatblished 1986 -- 2012 -- EXHIBIT "All - to Ordinance (Property Interests) Arthur Surveying Co., Inc. ,c;. -0 -T-.e -1-S _r_"MdSUX -V'C' P.O. Box 54 -Lewisville, Texas 75067 0117ice: (972) 221-9439 .— F',LX: (972) 221-4675 EXHIBIT "A" MUNICIPAL USE TRACT 0.624 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land hituatvd in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the northeast corner of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Official Public Records, I)entoll County, Texas (O.P.R.D.C.T.), and being in the existing Mayhill Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for comer; THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 333.40 feet to a 1/2 inch iron rod with yellow C81) statlIlled "ASC" set for corner in the north line of said Haggard tract and the south line of a tract of land described by deed to John Henry Bond, etal., recorded under Instrument Number 2004-30989, O.P.R.D.C.T.; THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line . of said Bond tract, a distance of 82.76 feet to a "PK" Nail set for the northeast comer of said Haggard tract and the southeast comer of said Bond tract, same point being in the existing Mayhill Road; THENCE South 02 degrees 14 minutes 30 seconds West, with the east line of said Haggard tract, and with the existing Mayhill Road, a distance of 335 ' .07 feet to the POINT OF BEGINNING and containing 0.624 acres of land, of which 0.230 acres lie within the existing Mayhill Road. C 1107131-27 Parcel M 13 6 Municipal Use Tract PYTTTRTT I A" _ to Ordinance ('Property Interests) klin Henry Bond. eta). i 3�1 Instr.. Nm 2004•-309139 I.R. S _, ,—° .—.—• °r—' i a 0ae f;'o eenent �.— t Inslr No. 2006—V4790 M New Municipal Use Tract 0.279 ac. (12,149 sq. ft.) Existing Implied Dedication 0,230 ac. (10,042 sq. ft.) Gas Easement 0.115 ac. (5,005 sq. II.) i ems (27,196 sq. ft.) Municipal Use Tract I � I,,� Mason A Haggard & ISfi, c a wife, Wilma Haggard, Volume 337, Page 430 6� I c+ 1 S88'56`5.3 `W Proposed Porcel M136 603.85' 518" f�+ I.R.F 0'� %%y� Richard A Greb & xlfe, Nancy A Greb Instr, No, 2006-100770 Municipal Use Tract 0.624 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas I.R.F. N87052'4„E 92.M _ c c C; 100 0 50 100 "PK" Noil SCALE: l" = l00' Set Bearings shown hereon based on (lie City of Denton GIS Network. - 4— Existing Fence 7P&1 Easement _ Vol. 190, Pg. 620 NOTES: o i m I.R.F.= Iron Rod Found fy, C.I.R.r. = 5/8" Iron Rod Found with C I A cap stamped "Cotton Surveying". ® QI I.R.S. = 1/2" Iron Rod Set with I c Q yellow cap stamped "Arthur �O Surveying Company" I fx All improvements not shown hereon, in Vol. 336, Pg, c t♦ n Easement recorded 367 does not affect this tract 10 the IM best of my knowledge. Easement recorded in Vol. 341, Pg. N 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline not located. specifically Blanket Easement recorded in Vol. 357, Pg. 54 includes this tract. I r I.R.F YW 80.3 ' 3 o rn0�d s CA R. F. 8tjRjiEY01tS MR71FtCAT'ION: 1-" are unarns gnas+1 dons Fmretay s e,r Iy U, TRIO 1tmwax es (0-F No. 12.169) ch of ffiN avrecy W" rhf, day mede on the #grra"aad of fhc grr"p+my [egg'11y dcxrribod hc,=04 nand is cnrscrt, nfsd fa ale hcs¢ of tafyknowkdgc, Ehcra am novi lble+tlisera°.. nnrics, €oaxf O3, shollogr4 In area,. houndary uric con lids.. rnerrsarhracurs, ovaMpping or raprosrcricrica, ensemmit€ of 118Ufc ur Ivey ow I bnvr, been asdalsrd ormerI ns Amu herrnn. rthur Surveying Co., Inc. professional Land Surveyors P.O.Box 54 Lewisville, Texas 75067 Office; (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986 -- 2012 -- EXHIBIT "A" - to Ordinance..(Property Interests) rthur SurveyIng Co., Inc. P.O. Box 54 -- Lewisville, Texas 75067 offlec: (972) 221-9439 .- Fax: (972) 221-4675 EXHIBIT "A" 10'SLOPE EASEMENT MAYRILL ROAD PROJECT 0.076 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in. the David 140,1911 Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the northeast comer of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Maybill Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 215.48 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 10.01 feet to a point for comer; THENCE North 01 degrees 50 nibuites 21 seconds Cast, over and across said Haggard tract, a distance of 330.69 feet to a point for comer in the north fine of said liaggard tract and the south line of a tract of land described by deed to John Henry Bond, etal,, recorded under Instrument Number 2004-30989, O.P,R.D.C.T.; THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 10.02 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 01 degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 330.88 feet to the POINT OF BEGINNING and containing 0.076 acres of land. C 1107131-27 Parcel M136 Slope Easement F.XNTRTT "AII -to Ordinance (Property Interests) I.R.F.C}y W ? ' 3 John Henry Bond, otu), �i �t InAr. No. 2004-3096004 h 0 `°' ; <�v {' 100 0 50 100 L2 1 - - „I,Kr. Noll SCALE: 1` 100' N877 52,46; Set Bearings shown hereon based on the City of 218.08' t Denton GIS Network. f� I 10, Slope Easement 0.076 Acres NOTES: f I.R.F. = Iron Rod Found 1 (3,308 sq. ft) I C.I.R.F. = 5/8" Iron Rod Found with �� Qo cap stamped "Cotton Surveying". 11--�i11 I.R.S. = t/2" Iron Rod Set with tm 1 � yellow cap stamped "Arthur Mason A. Haggard & tea` �1' 0 � I t v Surveying Company" wife, Wilma Haggard W� I���" All improvements not shown hereon. Volume 337, Page 430 1v N H P (remainder) i I o 4c t I LINE TAB LE o FL I S88G56'53"W 10.01' I t L N87°52'49"E 10.02' t t S88'56'53"W 458,67'' t.F?.5. , R. F. C — — v — S88'56 53"W 215.48, �ro7t'r L I A a pl0 1 x i Richard A Greb k t wife, Nancy A. Greb d Imtr. No, 2006-100770 C.I.R.F. I Y� 100 Slope Easement Mayhill Road Project 0.076 Acres David Hough survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- SURVEYORS CERTMCAnON: 'rho and N1l;nrd sues hereby volify raa that t$at"z ski ,ey suit dish day madr on the gim ad Grtlao lsrarlrotiy legally dcscritrM laereon and iscon"t and to tba bc5t orrray keac:wup, daOro arm no vislblo df6etepuaarla5,. conflicts, NlAorzay ca to errs, hasos:rdarq Rnec9a¢iliety, rGsr arinranes, overlapping Gf jwrrovvmcnts, e,a,eurenEf Gr r$l lair of %try zlaaat f Gave Gccar WfAs"I a rewes pt as sGoml herrorr. rthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 64 — Lewisville, Texas 76067 Office: (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986