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Home My WebLink About2014-138ORDINANCE NO. 2014-138 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 7.393 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 4.508 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT (HEREIN SO CALLED), ENCUMBERING A 0.804 ACRE TRACT, EACH AFFECTED TRACT LOCATED IN THE JOHN B. BRANDON SURVEY, ABSTRACT NUMBER 1515, CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1400 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY INTERESTS"), 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; AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTEREST; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE: MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (PARCEL 134 RTS&M, LLC - MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECTAND CITY OF DENTON LANDFILL, A MUNICIPAL SOLID WASTE DISPOSAL FACILITY) 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 ("Initial Offer") to (1) Cynthia Bond Ables; John Henry Bond, III; Jean Doye Stokes and Wayne Stokes, a married couple; Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr.; and Patricia Ann Doye a/k/a Patricia Doye Kendall, the owners of the Property Interests ("Prior Owners") on or before August 30, 2013; WHEREAS, the Prior Owners held record title to the Property Interests at the time the Initial Offer was made on August 30, 2013; WHEREAS, the City provided to the Prior Owners 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 Prior 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 Prior Owners of the Property Interests did not include a confidentiality provision and further informed the Prior Owners of the Property Interests that such Prior Owners 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 Prior Owners conveyed the Property Interests to RTS&M, LLC, a Texas limited liability company ("Successor Owner"), by Special Warranty Deed filed of record in the Real Property Records, Denton County, Texas under Instrument No. 2013-124666 on October 9, 2013; WHEREAS, the City made a written Final Offer ("Final Offer") to the Successor Owner of the Property Interests on March 11, 2014, said date being after the thirtieth (30th) day after the date on which the City made the Initial Offer to the Prior Owners of the Property Interests; WHEREAS, along with such Final Offer, the Successor 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 Successor Owner's remaining property; WHEREAS, the Final Offer made to the Successor 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 Successor Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of (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 Successor Owner of the Property Interests at least fourteen (14) days to respond to the Final Offer and the Successor 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 7.393 acre tract (the "Mayhill Tract"); (II) fee simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement ("Slope Easement"), encumbering a 0.804 acre tract, located generally in the 1400 block of South Mayhill Road (the "Property Interests"), 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 1400 block of South Mayhill Road, each affected tract located in the John B. Brandon Survey, Abstract Number 1515, 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 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 7.393 acre tract ("Mayhill Tract"); (ii) fee simple to a 4.508 acre tract ("Landfill Tract"); and (iii) a slope easement encumbering a 0.804 acre tract ("Slope Easement"), 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 1400 block of South Mayhill Road, each affected tract located in the John B. Brandon Survey, Abstract Number 1515, 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 Prior Owners were the record title owners of said Property Interests at the time of making the Initial Offer and that the Successor Owner was the record title owners of said Property Interests at the time of making the 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 and as needed, 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 day of., 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY A ANITA BURGESS, CITY By: ATTORNEY GI SJMAYOR EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. Professioz�� ,.�d Sazz-Freyors P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD PARCEL M134 7.393 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a "PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a 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 in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 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 South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a radius of 2068.18 feet; THENCE with said curve to the right, over and across said Bond tract (2004-30988), having a central angle of 01 degrees 46 minutes 54 seconds, whose chord bears North 03 degrees 46 minutes 00 seconds East a distance of 64.31 feet, having an arc length of 64.31 feet to a "PK" Nail set for corner in Spencer Road, being in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T.; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 135.54 feet to a "PK" Nail set for corner in Spencer Road, same point being the beginning of a non -tangent curve to the left, having a radius of 1932.50 feet; (continued) C1107131-19 Parcel M 134 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. Pro��sssor�� F �..ax�� ,SzurFr�yars P.O. Box 54 -- Lewisville, Texas 75067 on —tee: (972) 221-9439 -- Fax: (972) 221-4675 THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of 71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63 feet to the POINT OF BEGINNING and containing 7.393 acres of land, of which 0.109 acres lie within the existing Spencer Road and Mayhill Road. i)1 .a .......... .. .. ..... DOUGLAS L.�Af�7 itJR :.off 4357 A. 1',-;topes 51O`�',. �SU C 1107131-19 Parcel M134 EXHIBIT "A" - to Ordinance (Property Interests) , �Lr� `b P. RR, 'C r3, i7uld.-ve-ii (Variable Width ROW) 2" I.P.F. SPENCER ROAD (C. M.) "PK'1 Nall 0---�— — — — —t — — jl-- — — et N88'56'21"W155.59' S8"W I.R. . 1876.43' New Right-of-way 7.237 ac. (315,266 sq. ft.) Gas Easement 0.047 ac. (2,027 sq. ft.) Existing Implied Dedication 0.109 ac. (4,758 sq. ft.)Dedication 0.109 ac. (4,758 sq. ft.) 7.393 Acres (322,051 sq. ft.) Parcel M134 I John Henry Bond, JrI et. al. b Instr. No.. 2004-30989 Haeussler Properties �—�Instr. No. 2003-205747 I PK"' Nail L4 S�e t Proposed Variable II Width Slope Easement 'I S87'52'49"W 16 72.63' 1. R. S. S85'35'59"W L3 L 200.21 ' 2' P.F F.C.P.— (C. M.) I Mason A. Haggard & wife, Wilma Haggard Vol. 337, Pg. 430 (remainder) EXHIBIT "B " Mayhill Parcel Road M134 7.393 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- Implied Dedication Existing —Fence 15' Gas Easement Instr. No. 2008-80418 IInstr. No. 2011-11316 10 400 0 200 400 SCALE: 1" = 400' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • I.P.F. = Iron Pipe Found IRF —I/2"I R A d oun 3 to the best of my knowledge. a, 1 ,4_ 1 Blanket easements recorded in Vol. 354, Pg. 401 & Vol. 520, Pg. 495 include this tract. T.TNF. TA RT.F. L1 S8705249"W 82.76' L2 S8705249"W 135.32' L3 N0105021 "E 10.56' L4 N8904323E 135.54' txisting Residence John Henry Bond, Jr et. al. Instr. No. 2004-30988 rf rR VR TART F Radius Len Delta Chord f2N21932.50' 68.18' 64.31' 01°4654" NO3°46'00'E 64.31' 71.78' 1 02°0741" I 0305624"W 71.77' t s „PK" Nail .................. Set Df'3iJGUVI L ART 4357 P. OSU .B. SURVEYORS CERTIFICATION: The undersigned does hereby certify to Title Resources (G.F. No. 102630 & 102640) that this ` survey was this day made on the ground of the I property legally described hereon and is correct, and to the best ofmy knowledge, there are no visible discrepancies, conflicts, shortages in area, boundary line conflicts, encroachments, overlapping of improvements, easements or rights of way that I have been advised of except as shown hereon. rthur Surveying Co., Inc. Frnfessionalland Surveyors P.O.Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986 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" MUNICIPAL USE TRACT 4.508 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: BEGINNING at a "PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a 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 in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2311.63 feet to a 1 /2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a curve to the right, having a radius of 1932.50 feet; THENCE over and across said Bond tract (2004-30989), with said curve to the right, through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77 feet, having an arc length of 71.78 feet to a "PK" Nail set for corner in the north line of said Bond tract (2004- 30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 81.24 feet to a "PK" Nail set for the northeast corner of said Bond tract (2004-30989), same point being in the existing Mayhill Road; THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of 2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within existing Mayhill Road and Spencer Road. C1107131-19 Parcel M134 Municipal Use tract EXHIBIT "A" - to Ordinance (Property Interests) IWL E. P. & P. R. R. Co. Survey Abstract Number 927 (Variable Width ROW) �~ 2" I.P.F. SPENCER ROAD 1 (C.M.) 'PK" Nail 0----�--- -------�— Set N88 56'21 "W Ll —_ _ _ _ _ _Cl 155.59' S8 '43'23"W R• 1 76.43' I , New Municipal Use Tract 2.042 ac. (88,949 sq. Existing Implied Dedication 1.660 ac. (72,289 sq. ft.) Gas Easement 0.806 ac. (35,117 sq. ft.) 4.508 Acres (196,355 sq. ft.) I II Municipal Use Tract �AV r �Z� V I �� s Haeussler Properties Instr. No. 2003-205747 QTW Proposed ROW Parcel M134 Existing �---- Fence , 15' Gas Easement FInstr. No. 2008-80418 Instr. No. 2011-11316 1 1 I 1 1; � I 1 John Henry Bond, Jr h J IN et. al. I oIl 12 Instr. No. 2004-30989 i III 1 1 Ii I I i I I S87'5 '49"W I S85'35'59"W 167 .63' 200.21' — — — — — I.R.S 2" P.F. F.C.P. (C.M.) David Hough Survey, Abstract IVaamber 646 Mason A. Haggard & wife, Wilma Haggard Vol. 337, Pg. 430 (remainder) EXHIBIT "B" Municipal Use Tract 4.508 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- m 400 0 200 400 SCALE: V = 400' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • I.P.F. = Iron Pipe Found • I.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 316, Pg. 8 & Vol. 336, Pg. 182 do not affect this tract 3 to the best of my knowledge. a d��0 Blanket easements recorded in Vol. 354. " ro ya$�0) Pg. 401 & Vol. 520, Pg. 495 include this tract. Existing Residence V T,TNF, TART,F, L1 S8705249"W 82.76' L2 N8904323 "E 81.24' John Henry Bond, Jr et. al. Jill Instr. No. 2004-30988 CURVE TABLE 1 1 # 1 adius I Length I Delta 1� Cl 1932.50' 1 71.78' 1 02° 7'41" I N030. "= .... P. 0. B. I rti` "PK" Nail � JO lit1, R.01, L Set 1I_ i,Cr.....530-1,,... .� OWN SURVEYORS CERTIFICATION: V The undersigned does hereby certify to Title w Resources (G.F. No. 102630 & 102640) that this AN survey was this day made on the ground of the ^ property legally described hereon and is correct, and �jv9 to the best of my knowledge, there are no visible discrepancies, conflicts, shortages in area, boundary Line conflicts, encroachments, overlapping of improvements, easements or rights of way that I have been advised of except as shown hereon. rthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986 EXHIBIT "A" - to Ordinance (Property Interests) 741�� rthur Surveying Co., I nc. .x�r�fessic�rsa.F �.��d �azx°sT�yox-s P.O. Box 54 _-. Lewisville. Texas 75067 OtYice: (972) 221-9439 ._ Fax: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD SLOPE EASEMENT 0.804 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a "PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a 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 in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 218.08 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 South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 10.02 feet to a point for corner; THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 11.35 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet to a point for corner; THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004-30989), a distance of 5.00 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 1144.51 feet to a point for corner; THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 396.47 feet to a point for corner in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 33.34 feet to a "PK" Nail set for corner in Spencer Road, same point being the beginning of a non -tangent curve to the left, having a radius of 2068.18 feet; (continued) C1107131-19 Parcel M134 Slope Easement EXHIBIT "A" - to Ordinance (Property Interests) J rthur Surveying CO., Inc. �ro.:Fesszox��.P �..ar�c� Sass-Fr��r� P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221-9439 ._ Fax: (972) 221-4675 THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 01 degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of 64.31 feet, having an arc length of 64.31 feet to a 1 /2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85 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 Bond tract (2004-30989), a distance of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land. !tom O \ 6. C1107131-19 Parcel M134 Slope Easement EXHIBIT "A" - to Ordinance (Property Interests) M. E. P. & P. R. R, Co. Survey Abstract Number 927 (Variable Width ROW) 2(cM� SPENCER ROAD I 0---+-- — — — — — — fr— — Ls — t N88'56'21 "W 155.59' SS '432 L — 143"W_ I r" M763I N b ' oMlN 0.804 Acre Slope Easement (35,041 sq. ft.) 0; -No INNM �0 John Henry Bond, Jr et. al. N Instr. No. 2004-30989 M W M M, I S8T52'49"W S85'35'59"W 1672.63' L3 L 200.21' _ _ — _ — — L 1 i "PK" Nail R��,Ci Set 2" P.F. F.C.P. (C.M.) David Hough Survey, Abstract Nu er 646 I P 0 B Mason A. Haggard & wife, Wilma Haggard O` Vol. 337, Pg. 430 (remainder) I Haeussler Properties Instr. No. 2003-205747 ' NI Y Proposed ROW ' Parcel M134 400 0 200 400 Existing Fence SCALE: 1" = 400' 15' Gas Easement Bearings shown hereon based on the City of Instr. No. 2008-80418 Denton GIS Network, Instr. No. 2011-11316 I NOTES: • I.P.F. = Iron Pipe Found • I.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" I • All improvements not shown hereon. 0 3 • Easements recorded in Vol. 316, Pg. 8 & O Vol. 336, Pg. 182 do not affect this tract t to the best of my knowledge. Blanket easements recorded in Vol. 354, Pg. 401 & Vol. 520, Pg. 495 include this tract. Existing Residence LTNF TA Ri.F. L1 S8705249"W 218.08' L2 S8705249"W 10.02' L3 N01 °50'21 "E 11.35' L4 N87°07'27"W 5.00' LS N89°43'23E 33.34, L6 S01 °50'21 "W 10.56, John Henry Bond, Jr et. al. Instr. No. 2004-30988 EXHIBIT "B " Slope Easement Mayhill Road Project 0.804 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- CURVE TABLE # I Radius I Lengffi I Delta I Chord C1 1 2068.18' 1 64.31' 0104654" 1 S03°46'00"W 64.31' SURVEYORS CERTIFICATION: The undersigned does hereby certify to Title 0 Resources (G.F. No. 102630 & 102640) that this A survey was this day made on the ground of the ^ � V property legally described hereon and is correct, and V < to the best of my knowledge, there are no visible discrepancies, conflicts, shortages in area, boundary V line conflicts, encroachments, overlapping of improvements, easements or rights of way that I have been advised of except as shown hereon. rthur Surveying Co., Inc. ProFessionat Ea.ad Surveyors P.O.Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986 Filed: 8/20/2014 2:54:52 PM Cynthia Mitchell Denton County, County Clerk By: Monica Gomez -Lopez, Deputy CAUSE NO. PR-2014-00492 CITY OF DENTON, TEXAS, § EMINENT DOMAIN PROCEEDINGS Condemnor, § VS. § IN THE PROBATE COURT OF RTS & § Co Condem damnee. § DENTON COUNTY TEXAS NOTICE OF DECISION OF SPECIAL COMMISSIONERS CITY OF DENTON, TEXAS, does hereby give notice that the sum of $04. 130.0pwas the amount awarded by the Special Commissioners herein. Further, to assist the Clerk of the Court in complying with Property Code § 21.049 entitled "Notice of Decision of Special Commissioners," Condemnor hereby informs the Clerk that said decision has been filed with the Court pursuant to Property Code § 21.048 and the Clerk is informed that the addresses of the parties or their attorney(s) of record in this proceeding are as follows so that notice of the decision can be sent by certified or registered U.S. Mail, return receipt requested: Landowner(s): RTS&M by counsel: Edward Vassallo Charles A. Salazar Vassallo & Salazar, P.C. Regency Plaza 3710 Rawlins Street, Suite 1200 Dallas, Texas 75219 Counsel for Condemnor: Scott T. Doggett Preston Dobbs Burford & Ryburn, L.L.P. 500 North Akard, Suite 3100 Dallas, Texas 75201 Lienholder(s): First State Bank, A Texas Bank Attn: Marty Rivers, EVP & CLO P.O. Box 2147 Denton, Texas 76202 Texas Capital Bank, N.A. by counsel: Kevin J. Allen Nathan Allen, Jr. Jones Allen & Fuquay, LLP 8828 Greenville Avenue Dallas, Texas 75243 NOTICE OF DECISION OF SPECIAL COMMISSIONERS 1181994.1 081-0038 Respectfully submitted, BURFORD & RYBURN, L.L.P. By: L6m2w: SCOTT T. DOGGETT State Bar No. 05945675 PRESTON DOBBS State Bar No. 05921300 500 N. Akard Street, Ste. 3100 Dallas, Texas 75201-6697 Telephone: (214) 740-3138 Facsimile: (214) 740-2817 sdoggengbrlcrw. corn pdohbs(�brlcrw. cony ATTORNEYS FOR CONDEMNOR CITY OF DENTON, TEXAS NOTICE OF DECISION OF SPECIAL COMMISSIONERS PAGE 2 1 181994.1 081-0038