HomeMy WebLinkAbout2014-085s:\legal\our documents\ordinances\14\donnelly ed ordinance.dou
• • i.116O
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 THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE TO THE
MINERAL ESTATE, OF A 3.966 ACRE TRACT, SUBJECT TO RESERVATION OF RIGHT
OF WAY FOR PASSAGE OF LIVESTOCK, PEDESTRIAN AND VEHICULAR TRAVEL
ON, OVER AND ACROSS A 0.171 ACRE TRACT; (II) A TEMPORARY CONSTRUCTION,
GRADING AND ACCESS EASEMENT ENCUMBERING A 0.588 ACRE TRACT; AND (III)
PRIVATE EASEMENT APPURTENANT RIGHTS OF INGRESS AND EGRESS
ENCUMBERING A 0.295 ACRE TRACT, ALL FOR THE PUBLIC USE OF EXPANDING
AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY;
GENERALLY LOCATED IN THE 3900 BLOCK OF QUAILCREEK ROAD (A PRIVATE
ROAD), EACH AFFECTED TRACT LOCATED IN THE DAVID HOUGH SURVEY,
ABSTRACT NO. 646, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON "EXHIBIT "A",
ATTACHED (HERETO ANDMADE 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. (MAYHILL ROAD PROJECT — PARCEL M139 —
DONNELLY)
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) Robert P. Donnelly,
the owner of the Property Interests ("Owner") on or before December 28, 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,
unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code
(the 66Non Confidential Notice");
s:\1ega1\our documents\ordinances\14\donnelly ed ordinance.doa
WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the
Property Interests on February 20, 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, subject to
reservations; (b) Temporary Construction, Grading and Access Easement, and (c) an
Abandonment, Release and Quitclaim, all being the instruments proposed to convey the Property
Interests sought to be acquired and extinguished 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 the surface estate, with waiver of surface use to the
mineral estate, of a 3.966 acre tract, subject to reservation of right-of-way for passage of
livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) temporary
construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private
easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for the public
use of expanding and improving Mayhill Road, a municipal street and roadway, generally
located in the 3900 block of Quailcreek Road (a private 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 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,
s:\1ega1\our documents\ordinances\14\donnelly ed ordinance.dou
� � I I ii 96TOT-01 a M
SECTION 1. The Council finds that a public use and necessity exists to widen and
expand Mayhill Road 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 the surface estate, with waiver
of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right-of-way
for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract;
(ii) temporary construction, grading and access easement encumbering a 0.588 acre tract; and
(iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for
the public use of expanding and improving Mayhill Road, a municipal street and roadway,
generally located in the 3900 block of Quailcreek Road (a private 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.
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.
s:\Iegal\our documents\ord ina nces\14\donnelly ed ordinance.docx
PASSED AND APPROVED this the day of _Mar ) 2014.
_Ck
.... . .. .....
Z,
................
MARK A. J1tJRR(-)V(JH,S x";MAYOR
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A" attachment to Ordinance - (Property o
Interests) Page I f I
I W
7 ury thur /N rSeying Co., Inc.
I - X-ana Ist"-VO-311cors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
MAYHILL ROAD
PARCEL M139
3.966 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Robert P. Donnelly,
recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C,T.), and being more
particularly described as follows:
COMM ENCING at the northwest corner of said Donnelly tract, same point being an i mier ell corner of Providence
Place fl, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet
X, Page 905, Plat Records, Denton County, Texas, and being the northeast corner of a tract of land described by
deed to true Brittain et, [fix. Brenda Brittain, recorded under Instrument Number 2000-117234, official Public
Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and a south line
of said Providence Place 11 addition, a distance of 251.96 feet to a 1/2 inch iron rod with yellow cap stamped
"Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE North 88 degrees 02 minutes 42 seconds East, continuing with the north line of said Donnelly tract and a
south line of said Providence Place II addition., a distance of 184.09 feet to a 1/2 inch iron rod with yellow cap
stamped "A.S.C." set for comer at the beginning of a non -tangent curve to the left, having a radius of 917.00 feet;
THENCE over and across said Donnelly tract, with said curve to the left, having a central angle of 06 degrees 31
minutes 39 seconds, whose chord bears South 21 degrees 09 minutes 09 seconds West a distance of 104.41 feet; an
arc length of 104.47 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer;
THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 583,98
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE South 45 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 91.92
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer;
THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 130.68
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer in the south line of said Donnelly tract
and the north line of a tract of land described by deed to Transcontinental Realty Investors, Inc., recorded under
Instrument Number 2005-15199 1, O.P.R.D.C.T.;
THENCE South 88 degrees 23 minutes 51 seconds West, with the south line of said Donnelly tract and the north
line of said Transcontinental tract, a distance of 50.42 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C."
set for the most southerly southwest comer of said Donnelly tract, same point being in a northeast line of a tract of
land described by deed to Dallas Area Rapid Transit (DART), recorded under Instrument Number 2010-43179,
O.P.R.D.C.T.;
(continued)
C1107131-25
Parcel M229-Revised
J Ordinance - (Property Page 2 of 10
V I EXHIBIT "A" attachment
rthur Surveying
•
•V ncm • g a
THENCE North 47 degrees 29 minutes 57 seconds West, with the southwest line of said Donnelly tract and a
northeast line of said DART tract, a distance of 88.33 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C."
set for corner;
THENCE North 50 degrees 19 minutes 36 seconds West, with the southwest line of said Donnelly tract and a
northeast line of said DART tract, a distance of 24.50 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C."
set for corner in the southwest line of said Donnelly tract and a northeast line of said DART tract;
THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 210.36
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 44 degrees 31 minutes 09 seconds West, over and across said Donnelly tract, a distance of 56.57
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 281.06
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 19 degrees 47 minutes 08 seconds East, over and across said Donnelly tract, a distance of 281.13
feet to the POINT OF BEGINNING and containing 3.966 acres of land, more or less.
C1107131-25
Parcel M229-Revised
r , EXHIBIT "A" attachment to Ordinance - rta Pert Interests Page 3 of 10
Providence
Place II
Cab. $ Pg. 906
I
Qua Brittain, 1
at ux
Brenda Brittain/
Ins tr. No.
2000-117234
(remainder)
1
r
N56'46'11
33.64'
I.R. S,
0
3.966 Acres
N Parcel M139
-W1 (172,744 sq. ft.)
�1
I, R. S.
L7 NO
1. R. S.
L61
1
Kevin Nelms, at. al.
Vol. 3432, Pg. 911
S88'01'21 "W 1, R. F-. C.
1791.54 (C M-)
585.70' I, ,F.C.
.S,
I I
I I
1
City of
I I Vol. 4015
1 \ 1 k1b $1 I I
I°; titib 1 5
h �tio I Igo
1 i
I I
Dt3nrrally
1 kn Addition t
o® 1 Cab. O, I ??
S' Pg. 77
Robert P. Donnelly I I
Vol. 3384, Pg. 905 I I
,�4 (remainder) I I
Ll 1,R.S. I
DART
Instr. No.+
2010-43179 R 5,
LS
I.R.
NOTES:
e I.R.F. = 1/2" Iron Rod Found
e I.R.F,C =5/8" Iron Found with yellow cap
stamped "Cotton Surveying Company"
e I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
e All improvements not shown hereon.
e Blanket Easement recorded in Vol. 357,
Pg. 45 includes subject tract.
e Easements recorded in Vol. 336, Pgs. 347
& 583 & Vol. 391, Pg. 169 do not affect
this tract to the best of my knowledge.
e Easement recorded in Vol. 341, Pg. 222 is
centered on a pipeline not specifically
located.
a Gas line shown was not field verified.
location provided by others.
a • �' i �.
� 4
David HoughSurvey,'
Abstract Number 646
City
Denton
of Denton
County, Texas
-- 2012 --
A
N
Denton
Pg, 115
I,RS. 1 gas Ilne
see note 200 0 100 .200
L2
SCALE: P = 200'
®® — — Bearings shown hereon based on the City of
5. Transcontinantal Realty Denton GIS Network,
Investors, Inc.
�\ Instr. No. 2005-161991
CARVE TA13LE
{#e j Radius .L��ryrye,,n tppll � Delta [- C[1y�or;d]
l .i1 l.. tlVt li.r"f.`tft _-LF��JIf�lt A.7.Gi altJp�i rt Y'Y �ii�."i'1'
SURVEYORS CERTIFICATION:
The undersigned does hereby cottlty to Title
Resources (Q.F, No, 102634) that this sunray was
this day made on the ground of the property legally
described hereon and Is coma, and to the beat of
my knowledge, there are no visible discrepancies,
confllcts, shortages in area, boundary line oonfliots,
encroachments, overlapping ofhnprovements,
easements or rights of way that Ihave been advised
of exoept as shown hereon.
rthur Surveying Co., Inc.
P"fies.,donal Land Surveyws
P.O.Box 54 Lewisville, Texas 76067
Office: (972) 221-9439 Fax: (972) 221-4675
Egtatblished 1986
EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 4 of 10
rthur Surveying Co., Inc.
�roaf�sszor�r�.Y �..�ud Sux-�rey'ors
P.O. Box 54 --- Lewisville, Texas 75067
Office: (972) 221-9439 — Fax: (972) 221-4675
0.171 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Robert P. Donnelly,
recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more
particularly described as follows:
COMMENCING at the northwest corner of said Donnelly tract, same point being an inner ell corner of Providence
Place II, an addition to the City of Denton, Denton County, Texas, according to the. plat thereof recorded in Cabinet
X, Page 905, Plat Records, Denton County, Texas, and being the northeast corner of a tract of land described by
deed to Que Brittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000-117234, Official Public
Records, Denton County, Texas (O.P.R.D.C.T.);
THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and a south line
of said Providence Place II addition, a distance of 251.96 feet to a point for corner;
THENCE South 19 degrees 47 minutes 08 seconds Nest, over and across said Donnelly tract, a distance of 281.13
feet to a point for corner;
THENCE South 00 degrees 25 minutes 51 seconds West, over and across said Donnelly tract, a distance of 281.06
feet to a point for corner;
THENCE South 44 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 56.57
feet to a point for corner;
THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 8.67
feet to the POINT OF BEGINNING;
THENCE South 46 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 197.25
feet to a point for corner;
T CE'South 45 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 13.10
feet to a point for corner;
THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 36.79
feet to a point for corner;
THENCE North 46 degrees 31 minutes 09 seconds West, over and across said Donnelly tract, a distance of 184.59
feet to a point for corner;
THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance c
feet to the POINT OF BEGINNING and containing 0.171 acre of land.
C1107131-25
Parcel M229-Passage tract
e. I EXHIBIT "All attachment to Ordinance -
rot,)ertv Interests) Pale 5 of 10
N88'0244"E
.— 2-51-9C
-
Providence
Place 11
Cab. X Pg. 905
Qua Brittain, 1' 1 co
et ux
Brenda Brittaln/
I
Instr,,.24
2000- t
-
0)
(remainder)
N
N56'48'1 1
33.64'
200 0 100 200
SCALE: 1 200'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.R.F. = 1/2" Iron Rod Found
• I.R.F.C.=5/8" Iron Found with yellow cap
stamped "Cotton Surveying Company"
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
Passage Tract
0.171 acre in the
David Hough Survey,
Abstract- Number 646
I City of Denton
Denton County, Texas
2012--
Kevin Nelms, et. al.
Vol. 3432, Pg. 911
s88'Ol'21,,,W
1791.54
Ij?.F.0
(C MI)
N88'02'4 bE 585.10L,
R F.C,
it 41
Robert P. Donnelly
Vol. 3384 Pg'905
(rernainder)
Donnelly)
Addition
Cab. 0,
sed
Pg. 77
0. B.1
0.171 Acre
Passage Tract t
VoCity of Denton
1. 4015, Pg. 1166
L4 (7,466 sq. ft.)
L5
Transcontinental Realty
Investors, Inc.
Instr. No. 2005-151991
LINE, TABLE
F
S44031'09"E 56.57'
V-,ja
S00028'51 "W 8.67' \STE
S46031'09"E 197.25'
..JH
........
S45028'51 "W 13.10' ......NMBUOS
S00028'51 "W 36.79'
Arthur Surveying Co., Inc.
Frolsessionat 2d Surveyors
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Estatblished 1986
EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 6 of 10
rthur SurveyingInc.
P.O. Box 54 --- 7 evvisville , Texas 75067
Or ieee: (972) 221-9,139 Tarn: (972) 221-467-5-
TEMPORARY CONSTRUCTION,
GRADING & ACCESS ESS EASEMENT
0,588 Acre
City of Denton, Denton County, Texas
.BEING all that certain lot, tract or Parcel of land situated in the David 140ugh Survey, Abstract Number 646, City of
Denton, Denton County, `t'exas, and being part of that certain tract of land described by deed to Robert 13. Donnelly,
recorded in Vohlrne 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.`i'.), and being more
Particularly described as follows:
COMMENCING at the northwest corner of said Donnelly tract, saoxe point being an inner ell corner of providence
Place It, an addition to the City ol`Denton, Denton County, Texas, according to the Flat thereof recorded in Cabinet
X, Page 905, Plat Records, Denton Coanrty, Texas, and being the northeast corner of a tract of ]arid described by
deed to (Mere Prittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000-1 17234, Official Public
Records, Denton County, Texas (D,P.It.D.C..T.);
TTdENCE North 88 dcgrees 02 minutes 42 seconds past, with the north line of said Donnelly tract and a south tine
of said Providence Place II Addition, a distance of 436.04 feet to a 1/2 inch iron rod with yellow cap stamped
"Arthur Surveying Company" (A.S.C) set for the POINT OF BEGINNING;
THENCE North 88 degrees 02 minutes 42 seconds last, with the north line of said Donnelly tract and a south line
of said Providence Place It Addition, a distance of 16.78 feet to a point for coaxer at the beginning of a non -tangent
curve to the left, having a radios of 902.00 feet;
THENCE over and across said Donnelly tract, willi said carve to the left, having a central angle of 06 degrees 51
nisnutes 20 seconds, whose chord bears South 21 degrees 27 minutes 43 seconds West at 107.86 feet, an are length
of 107.93 feet to a point for corner;
THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 514.61
feet to a point for corner;
THENCE South 89 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, adistance of 75.00
feet to a point for corner;
THENCE South 00 degrees 28 minutes 51 seconds West, over rand across said Connelly tract, a distance of 83.72
feet to a point for carrier;
THENCE South 51 degrees 19 minutes 42 seconds West, over and across said Donnelly tract, a distance of 199.93
feet to a point for corner;
THENCE North 00 degrees 28 rninutes 51 seconds East, over and across said Donnelly tract, a distance of 77.93
feet to a 1/2 inch iron rod with yellowy cap stamped "A.&C." set for corner;
EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 7 of 10
rt}
rthur Surveying Co., Inc.
P,OC Box 54 ---- Lcwisville,Texas 75067
011-ice: (972) 221-9439 — Fax: (972) 221-4675
THENCE North 45 degrees 28 minutes 51 seconds Last, over and across said Donnelly tract, a distance of 91.92
feet to a 1/2 inch iron rod with yellow cap stamped "A.&C." set for corner;
THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 58198
C,
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner at the beginning of a non -tangent curve to
the right, having a radius of 917.00 feet;
THENCE over and across said Donnelly tract, with said curve to the right, having a central angle of 06 degrees 31
ininutes 39 seconds, whose chord bears North 21 degrees 09 MillUteS 09 seconds East at 104.41 feet, an are length of
104A7 feet to the POINT OF BEGINNING and containing 0.588 acre of land, more or less.
EXHIBIT "A" attachment to Ordinance - (�Pro c Interests [ire 8 of 10
Kevin Nelms, et. al.
Vol. 3432, P& 911
588'01'21 "W
1791,54' (G. M.)
LR
1. - -1-1-1-11- 11 - --
'tSt wo"""2"I
1/ '" E
N88'024242_
If
'S
Providence
C2
ppp
Place H
/1
Cab, X Pg. 905
*4--4-City of Denton
I
Vol. 4015, Pg. 1151
Brittain,
tVariable
0-588 Acre
Que P
NvidIll
V
et ux
Brenda Brittain/
Ternpornry
Jej
Inst
Lr,,7
N04,
2000 2
or
CO 10 H I CA iO 11, ( I'I'MI i 11
Dormelly`
Robert P. Do
Vol. 3384, Pg 1905
(T-onlainder)
N
& Access Easement
Addition
(remainde'r) I 0
rq
Cab. 0,
X
g. 77
>
N60)2',,32"W
9970'
L 4
DART I R
N56'48'1 I [MInstr. No. -/ L31
33.64' 2010-43179
NOTLS: Transcontinental Realty
0 1 R.F. = 1/2" from Rod 1k)Mid Investors, Inc.
* I RY C.=5/8" Iron Found with y0k-v can Instr. No. 2005-151991
slarnped "Cotton Surveying Conq%niy"
0 1 R,S, = 1/2" Iron Rod Set wish
yello%%, cap stamped "Al-111LIT
Stuveying Conitelwv"
* All hoprovenients not shown hereon
* Rlanktd Easenrent recorried in Vol 357,
Pg, 45 hicludcs subject [rant
* Easenrcrils recorded in Vol. 336, 11gs, 347
583 & Vol. 391, Pg, 169 do notinect
this kidet to the best of knowledge.
* Fasenient recorded in Vial. 34 1, 11g, 222 is
centered on a pipeline not specifically
located
® Gas [tire shown was not field verified,
location provided by others,
20') 100 200
- - --------
SCALF: 111=2001
BeaTings Shown hercon based on tine city or
Denton CAS Nlemwk,
CORVIII, EIABLE,
0 lk
Ell
C1 90-1,00' 0"
107SY I QW-51"—,r S2jIE02743"W 107,86'
C2 91700' Lj±U41TL0( 31'39"-jN21"()9V09fT— 104AT
I:-" 'L'A R L IY
SURVEYORS CERTIFICATION;
The undemigued does hereby certify to Title
L I
.781
N88-jT274-.� =E -T6-
Resources (GY, ls`o. 102634) that his survey was,
emTorary Construction,
-
12
LT
S89-3 I'09"E,
K-0-0-28'5rf
75. 00'
-
77-9Y
this day mado on the stround offfic propc" legally
doecriIsedl hereven and is correct, and to the best of
my knowledge, there ore no visible diwrepanciss,
in area, bosindary line conflicts,
c
rading& A cess
L4
N4502-8'51"E
91.92'
conflicts, shortages
encraachroants, ovedapping ofisnprovementi,
Easement
easements or fighet orway aust I have bevel advised
ofexcept es shown hercem
0.588 acre in the
rthur Surveying Co., Inc.
David Hough Survey,
F�rofessional Zand Su"eylois
City of Denton
Denton County, Texas
--2011--
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Estatblished 1986
EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 9 of 10
7 14
/,7 rthur Surveying Co., Inc.
... ....... .
P.O. Box 54 — Lewisville, Texas 75067
Offlice: (972) 221-9439 — Fax: (972) 221-4675
0.295 Acre
11 . emton-Countv.-Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Lot I R, Block F of Providence Place Il, an addition to the City of
Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton
County, Texas (P.R.D.C.T.), and being more particularly described as follows:
Z,
W]lW-ZOJ nch iron rod with ca% stampd "Cotton Survegging" found for the most easterly southeast
comer of said Lot I R, same point being in the north line of Donnelly Addition, an addition to the City of Denton,
Denton County, Texas, according to the plat thereof recorded in Cabinet 0, Page 77, P.R.D.C.T. and being in the
existing west right-of-way I ine of Mayhill Road;
THENCE South 88 degrees 02 minutes 42 seconds West, with a south line of said Lot IR and the north line of said
Donnelly Addition, passing the northwest comer of said Donnelly Addition, continuing on for a total distance of
585.70 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT
OF BEGINNING, same point being in the north line of a tract of land described by deed to Robert P. Donnelly,
recorded in Volume 3 3 84, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.);
THENCE South 88 degrees 02 rninutes 42 seconds West, with the south line of said Lot I R and the north line of
said Donnelly tract, a distance of 246-58 feet to a 1/2 inch iron rod with yellow cap stamped "ASU set for comer;
THENCE North 0 1 degrees 5 8 minutes 5 8 seconds West, over and across said Lot I R, a distance of 49.45 feet to a
"04 MIME and the south line of
a tract of land described by deed to Kevin Nelms, recorded in Volw-ne 3432, Page 911, D.R.D.C.T.;
C UU-N ti kpU �Z;g�sav,�- # *Aikkkvhe; 2_1szc*xi; F #Tt�.Wk%&f said Lot I R and the s outh I ine of said
Nelms tract, a distance of 273.09 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer at the
beginning of a non -tangent curve to the left, having a radius of 917.00 feet;
THENCE over and across said Lot I R, with said curve to the left, through a central angle of 03 degrees 3 0 minutes
41 seconds, whose chord bears South 26 degrees 10 minutes 19 seconds West at 56.19 feet, having an are length of
56.20 feet to the POINT OF BEGINNING and containing 0.295 acre of land.
M4
... . .........
N4 E
7 � .. .... ...
EXHIBIT "A" attachment to Ordinance - (Propjjrt interests) rake > e;N o� iu
NOTES:
• I.R.F.C. = 5/8" Iron Rod Found with
cap stamped "Cotton Surveying"
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 5322, Pg.
1107, CC# 2006-64791, CC#
2010-56138 & CC# 2005-99399 do
not affect subject tract.
• Gas line shown was not field verified.
Location provided by others.
Kevin Helms et, al.
Volume 3432, Page 911
too 0 50 160
SCALE: 1'-100'
Bearings shown hereon based on the City of
Denton GIS Network.
'gar Ithe
.wqte note
Lot IR, Block F 50, pub0c UNMY, PJQboqe,
Providence Place H Emer4ffrl d Al.t,ml Acre�,4—
r 6 . —g4-1834 per Mot
Cabinet X Pave 905 g
1 5' Gas Easement
r—kist,-, No. 2006-34615 -A
w 1,21W — -0-30 e
9Y—
F- C. N01 058'58"W
M.) 4945'
02142"W 2746�1�.-58'
T 1. R.S.
(2.036 acres
remaining) 0.295 Acre P 0
(12,845 sq. ft.)
Robert P. Donnelly
Volume 3384, Page 905
(remainder)
NSS-01'21 "E 1�.F..-
0,
LL
2;91-7.00, L=56,201
(0.655 acre
A=03'3041" remaining)
C
Chd,=s261,20'19"W 56.19'
Donnelly Addition
Cabinot 0. Pae 77 g7.-
Robert P. Donnelly
Volume 3384, Pe a 905
(remainder
fz
F")I, bi-tiL-LI:
A A.
v
J
h
SURVEYORS CERTIFICATIOM,
The undersigned does hereby certify to Title
Resources (GY. No. 112091) that this survey was
this day made on the ground of the propevy legally
described hereon and is corret:4 and to the best of
my knowledge, there are no visible disemancies,
conflicts, shortages in area, boundary hire conflicts,
encroachments, over4pingofimprovements,
easements orrights ofway thatIllm been advised
ofexcept as shown hereon.
0.295 Acre
rthur Surveying Co., Inc.
Part of Lot 1R, Block F
Providence Place 11
Professimud Land Starveyws
City of Denton
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Denton County, Texas
Established 1986
--2012--