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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 1.398 ACRE TRACT; AND (II) A SLOPE EASEMENT, ENCUMBERING A
0.151 ACRE TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING
MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; GENERALLY LOCATED
IN THE 1300 BLOCK OF NORTH MAYHILL ROAD, EACH AFFECTED TRACT
LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 1469, 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) to Habib Pyarali
Arab, the owner of the Property Interests ("Owner") on January 27, 2014;
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 April 17, 2014, said date being after the thirtieth (30th) 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; 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 (i) fee simple to a 1.398 acre tract; and (ii) slope easement,
encumbering a 0.151 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each
affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, 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,
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 1.398 acre tract; and (ii) slope easement, encumbering a 0.151 acre tract, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway; generally
located in the 1400 block of North Mayhill Road, each affected tract located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 1469, 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.
PASSk.;D AND APPROVED this the, �(day of., ',-I( ",eAtc_ 2 14,
p4
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: � ""-1(4
EXHIBIT "A" - to Ordinance (Property interests)
.
Inc
rthur z�urveying uo ,
P.O. Box 54 — Lewisville, Texas 75067
Office;: (972) 221-9439 -- Fax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M026
1.398 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tractor parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Hab
Pyarali Arab, recorded Volume 4634, Page 2260, Deed Records, Denton County, Texas (D.R,D,C.T.), and being
more particularly described as follows:
BEGINNING at a "PK" Nail set in Mayhill Road for the most easterly northeast comer of said Arab tract and the
southeast comer of a tract of land described by deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume
1546, Page 775, D.R.D.C.T.;
THENCE South 02 degrees 40 minutes 25 seconds West, with the east line of said Arab tract and with Mayhill
Road, a distance of 599.94 feet to a "PK" Nail set for the southeast comer of said Arab tract and the northeast comer
of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939, D.R.D.C.T.;
THENCE North 88 degrees 39 minutes 45 seconds West, with the south line of said Arab tract and the north line of
said Hodge tract, a distance of 119.09 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (ASC) set for comer;
THENCE North 03 degrees 22 minutes 54 seconds East, over and across said Arab tract, a distance of 166.98 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
1267.50 feet;
THENCE over and across said Arab tract, with said curve to the right, through a central angle of 06 degrees 54
minutes 12 seconds, whose chord bears North 06 degrees 50 minutes 00 seconds East at 152.62 feet, an arc length of
152.72 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE North 10 degrees 17 minutes 07 seconds East, over and across said Arab tract, a distance of 232.48 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of
1132.50 feet-,
37.84 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for comer in a north line of said Arab tract aj
the south line of said Edwards tract;
M416TIKO40¢ ,10I Igloo NUNN U1d1MWINN 50 r r 111, 11' JIMi W tfnf��M�FMAnw. ^1 0
_p DID
Road.
110"Molu �
EXHIBIT "A" - to Ordinance (Property Interests)
Earl Edwards &
wife, Ruth Edwards
Vol. 1546, Pg. 775
R=1132,50' L--37.84' 00 I 8,15oE
A=0105452" ' , 42
'Chd.=N09019'41"E 37.841 7
S
I.R.F. OY— 90i 1940 3,4E
RF
(Cg)
vie,
'e'v
580-1 4'4.7:,w Ne"�'
'Ppe'
626,59
II
It. R. S.
r.
04
71
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-W
EXHIBIT
Mayhill Road
Parcel M026
1.398 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
Bearings shown hereon based on the City of
Denton GIS Network,
NOTES:
. I R.F. = 1/2" Iron Rod Found
a f.R,S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
0 ® All improvements not shown hereon.
1 a Easements recorded in VoVal.266, Pg. 72, Vol.308, Pg. 257, Vol. 462, Pg.
9 n 333, Vol. 2845, Pgs. 459 & 465 &
C.C.496-77932 do not affect subject
tract to the best of my knowledge.
New Right-of-way 1.034 an. (45,047)
Existing Implied Dedication 0.364 ac. (15,839 sq. ft.)
1.398 Acres (60,886 sq. ft.)
Parcel M026
...... It
L3
"PK"
Nail
Set
J" N no
1, R. F.
(C.M,)
SURVEYORS CER77FICATION:
The undersigned does hereby cartify to Tide
Resources (G R No. 102399 & 102401) that this
sm,ey was this day made on the ground of the
property legally described herean and is omr=4 and
to the best ofmy knowledge, there are no visible
discrepancies, conflicts, shortages in area, boundwy
line conflicts, encroachments, overlapping of
improvements, easements orrights of Way that I
Irmo bees advised alexceplasshown hereon.
rthur Surveying Co., Inc.
Professional Zand Surveyorst
. . . ......... . ........... --
P.O.Box 54 — Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Established 1986
EXHIBIT "A" - to Ordinance (Property Interests)
'7 Surveying Co.,
zv' Inc.
f thui
X'X-<VzgSJC:PX2.eU
P.O. Box 54 - Lewisville, Texas'75067
Office: (972) 221-9439 - Fax: (972) 221-4675
1XHD31T "A"
SLOPE EASEMENT
0.151Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land Situated in the M.E.P. & P.R.R, Co. Survey, Abstract Number
1469, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to I-labib
Pyarah Arab, recorded Volume 4634, Page 2260, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
COMMENCING at a "PK" Nail set in Maybill Road for the most easterly northeast corner of said Arab tract and
the southeast corner of a tract of land described by deed to Earl Edwards and wife, Ruth Edwards, recorded in
Volume 1546, Page 775, D,R.D.C.T.;
THENCE South 02 degrees 40 Ininutes 25 seconds West, wilh the cast line of said Arab tract and with Mayhill
Road, a distance of 35.49 feet to a point for corner;
THENCE South 80 degrees 14 minutes 47 seconds West, over and across said Arab tract, a distance or 76,78 feet to
the POINT OF BEGINNING, same point being the beginning of a non -tangent curve to the right, having a radius
of 1132.50 feet;
THENCE over and across said Arab tract, with said curve to the right, through a central angle of 00 degrees 03
C,
minutes 20 seconds, whose chord bears South 10 degrees 15 MillUtes 27 seconds West at 1.10 feet, an are length of
1.10 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner;
THENCE South 10 degrees 17 minutes 07 seconds West, over and across said Arab tract, a distance of 232.48 feet
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of
126T50 feet;
THENCE over and across said Arab tract, with said curve to the left, through a central angle of 06 degrees 54
minutes 12 seconds, whose chord bears South 06 degrees 50 Minutes 00 seconds West at 152.62 feet, an are length
of 152.72 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 03 degrees 22 minutes 54 seconds West, over and across said Arab tract, a distance of 166.98 rect
to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of said Arab tract and the north
line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939,
D.R.D.C.T.;
THENCE North 88 degrees 19 minutes 45 seconds West, with the south line of said Arab tract and the north line of
said Hodge tract, a distance of 15.01 feet to a point for corner;
THENCE North 03 degrees 22 minutes 54 seconds East, over and across said Arab tract, a distance of 167.51 feet
to the beginning of a curve to the right, having a radius of 1292.50 feet;
mmmm
�0111111
tit
ngCo.,Inc.
rt ur Surveyi
P.O. Box 54 • Lewisville, Texas 75067
offlice: (9 72) 221-9439 •- F Em (972) 221-4675
THENCE over and across said Arab tracts with said curve to the right, through a central angle of 03 degrees 52
minutes 02 seconds, whose chord bears North 05 degrees 18 minutes 55 seconds East at 86.54 feet, an arc length of
86.56 feet to a point for corner;
THENCEforth 1 I degrees 51 minutes 09 seconds East, over and across said Arab tract, a distance of 299.80 feet
to a point for corner;
THENCE North 80 degrees 14 minutes 47 seconds East, over and across said Arab tract, a distance of 5.32 feet to
the POINT OF BEGINNING and containing 0.151 acre of land.
"� lu
®
t 3
�f
�vf i ,o d'
1='Af,f
EXHIBIT "A" - to Ordinance (Property Interests)
Earl Edwards &
wife, Ruth Edwards
Vol. 1546, Pg. 775
'P Nark
J_ R. f'' C� N90 t
'---S02'40"1-"W
5,
4'47 4
76 78'
f R. F.
j
W
l�321-27' 4INN'
06
0
0
Op
z�
qo
3
0.1-51 Acre
Slope Easement
(60,886 sq, 11.)
C2
0
00 0 50 100
SCALE: t t 00'
Bearings shown hereon based on the City of
Denlon GIS Nef%vork,
No 11 S�
I R+', - 1/2" lion Rod found
• LIZ S. - 1/2" iron [dot] SO t%ifl)
yellow cip slanitied 'Aalwr
Surveying Conpiny"
All iniprovenients, not drown hereon.
o Piscinents recoaleci in Vol 266, P,-'
72, VoL 308, llg. 257, Vol, 462, tIg.
333, Vol, 2845, 11gs 459 & 465 &
C,C,#96-77932 do 110t al'FCCI subject
iect
tnict to the best offfiy knowledge,
I M, Pei
- - - - --------
'z'
Ken Hodge & Associa?.1
Volume 2321, Page 939
t err
1,R.F.
(C. M.)
EXHIBIT "B"
Slope Easement
0.151 Acre
P.R.R. Co. Survey,
Abstract Number 1469
City of Denton
Denton County, Texas
--2012--
V"
d'
CY
I q
sk I Izx
SVRVEYORS CERTMCA77ON:
1121" undmigual does horeby certify to Title
Rrwort u�i N , F' NoftlMoa' M240?) dm4 olk
�,jj'-q w4m 112 b (h), 13,1, jr so [ ON g I m, I J " f die
pj,j,j,rjy,nym[I4°hoj,�jj .ojfj ,end
km disc 1)cfiofmy k5j,o,Pd#c, jhrrvoi r10 Vkipflc
discrepancies, coatijets, shortagem in arer, bourrduy
Here canflicLq, encroaclLments, overlapping of
improvemenu, essements or rights of way that I
Gave "rest adviedotexce,11 m sholva 'close,
rthur Surveying Co., Inc.
profe,gsional Eand Surveyors
P.O.B.T54 - Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Established 1986