HomeMy WebLinkAbout2014-340s:\legal\our documents\ordinances\14\m085 ccbv ed ordinance.dou
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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 FEE
SIMPLE TO A 0.535 ACRE TRACT, FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; GENERALLY
LOCATED IN THE 200 BLOCK OF NORTH MAYHILL ROAD, THE AFFECTED TRACT
LOCATED IN THE MORREAU FORREST SURVEY, ABSTRACT NO. 417, CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON
"EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, (THE "PROPERTY
INTERESTS") AUTHORIZING THE FILING AND PROSECUTION OF EMINENT
DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; 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) CCBV, LLC, a Texas
limited liability company, the owner of the Property Interests ("Owner") on April 7, 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 or before June 17, 2014, said date being after the thirtieth (30t) 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;
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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; and (ii) copy of the (a) Special Warranty Deed; 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 0.535 acre tract, for the public use of expanding
and improving Mayhill Road, a municipal street and roadway; generally located in the 200 block
of North Mayhill Road, affected tract located in the Morreau Forrest Survey, Abstract No. 417,
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, fee
simple to a 0.535 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 200 block of North Mayhill Road, the
affected tract located in the Morreau Forrest Survey, Abstract No. 417, City of Denton, Denton
County, Texas, as more particularly described on "Exhibit "A" (Property Interests) attached
hereto and made a part hereof, by reference. The Council hereby further finds and determines
s:\legal\our documents\ordinances\14\m085 ccbv ed ordinance.docx
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.
E("°l'1ON 7.
approval _....��m ....
This ordinance shall become effective immediately upon its passage and
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: if 644
:1a;o:9'....
( .2014.
(� 11.f A a.
G
ArIA"l`S, MAYOR
s:\legal\our documents\ordinances\14\m085 ccbv ed ordinance.docx
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
EXHIBIT "A" attachment to Ordinance (Property Interests)
fthtj.r Sufveying Co., Ific.
J RO. rio:s 54 1,ew�svHlc, Texns 75067
Office: (972) 22 t -9439 - Fax� (972) 221 -46'75
MAY111ILL ROAD
PARCEL M085
0.535 Acre
City of IlDenton, Denton County,1'exas
WEING afl that cwtarn pot, tract or pareet of Wid situated un the MorTewt Forrest Sin-vey, Abstract Numbea 4[7, City
of Denton, Denton. County, Texas, arst being part ol'a tract of Iland described by deed to CCBV, LLC, necorded
under Instrument "N'umber 2011-1122494, OfficW PtNic Records, Denton County, 'J'�"XaS %1' ), wid Ibeing
more parfictdafly descHlbed as foflo%s:
BEGINNING . at a "Nia.-Nad" found rims Mayhffl Read d"oir the southivest corner ot'saoJ CC13V tract and the
northwest corner of at t-ract:oftand desci inset by deed to Mack Bear lefopeirfles, LLC., rccorded undeir 2004- d 54546
0A1.R,D,C.'1',;
nIENCENorth 02 degreel, 01 m4nites 48 sec.onds East, Mth the %yest dhie ofsfld CC13V tractand said MayNH
Road, as distance of'320,75 to a "PK" Na H set for the northwest corneir of said (,(,BV tract and the southwest coniew
of a tiract ofland described hY ed rieto T.R. Canter, recored dun Vohinio 517, Page 68, Deed Records, Denton
County., Texas;
THENCE South 85 degrees 31 inunules 17 seconds Eav, with the north fine cil'said ( -CBau 'V trand the South re hi
of said Catter tract, a dktance of 68,97 fee( to a G /2 hrch h-on rod Mth yeflow cap staimped "Arthur Suirve-YM,('
Corripany" (A.S,,C) set for comcr„
THENCE South 00 degiees 32 niinuoas 34 seconds West, over and acioss said C'C'BV tract, a dimr ancc of 318.17
feet to a U? hich iron rod with yeHow cap varnped "A-S C-" set ft)t coanen an die south Hne of sa�d C',C13V tracrL and
the not-th hrie of said Bpack. Bear Properties uacu
THENCT North 87 degrees 46 minules 43 seconds West, is,M the soialh fine of said (.(,BV to act and the north hine"
town Mack Bear 17ircpreifies tract, a diswice of'77. 17 fa;et to the 1101NIF OF WEIGINNIM.'"; and containing 0,535
acre of Nand, more or less.
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Page 1 of 2
EXHIBIT "A" attachment to Ordinance (Property Interests)
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Instr, No. 2011-122494
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0.535 Acre
Right of -Way
bbfi 15' Street, Pubhc tlo�
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SidewoN �� Parcel M085
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(23,322 sq. ft-)
237 14'
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B�ack Bear Propeabas, 11C,
Trustr, No, 2004 q6M46
Mayhl,ll Ro
1. M085
0,535 Acre
Morreau Forrest Survey,
Abstract Nurnber 417
City of Denton
Denton County, Texas
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