2014-071s:\Iegal\our documents\ordinances\14\551 mayhill ed ordinance.docx
s:\1ega1\our documents\ordinances\14\551 mayhill ed ordinance.docx
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 domain (i) fee simple to a 2.115 acre tract; and (ii) a slope easement,
encumbering a 0.202 acre tract, for the public use of expanding and improving Mayhill Road, a
municipal street and roadway; generally located in the 500 block of North Mayhill Road, each
affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, 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,
03
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 2.115 acre tract; and (ii) a slope easement, encumbering a 0.202 acre tract, for the
public use of expanding and improving Mayhill Road, a municipal street and roadway; generally
located in the 500 block of North Mayhill Road, each affected tract located in the M.E.P. &
P.R.R. Company Survey, Abstract No. 927, City of Denton, Denton County, Texas, as more
s:\1ega1\our documents\ordinances\14\551 mayhill ed ordinance.dou
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.
S1-,,CT1ON 2. The Council hereby authorizes and directs the filing and prosecution of
LI-1 1�-
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.
PASSED AND APPROVED this the At day of-pdw-&-h—1 2014.
BU
ld'i
MA ZK JR 0UG11- S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
s:\Iegal\our documents\ordinances\14\551 mayhill ed ordinance.docx
By:
EXHIBIT "All - to Ordinance (Property Interests)
Arthur Surveying Co., Inc.
Po.zsos54- Lewisville, Texas 75067
PARCEL M070
2.115 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract ���oCl/�������.�9�`�.�� �m��o��
Nu��oz�7CdyofD��n-~�ouu�3�m.�db��po�o[��o���b�cofl�ddo��m Lyd�dto
` - Denton
551 8uyhil\ Joint Venture, recorded ou do Iu* tru e �otRu,bez3OO5-623l , official Public Records, Denton County,
Texas (O.P.B'D.C.T.), and hebug more particularly described aofollows:
BEGINNING at a "PK" Nail found in Mayhill Road for the northeast corner of said 551 Mayhill Joint Venture
Tract, same point-being -iu{hovvuotliuoofutrmtoflanddasoribodbydvad8oJohoRuy'cuccsdodonderInotrumoo1
Number 2OO6'ylP31,O.P.]l.D.C.T.;
THENCE South 0l degrees 38 minutes 2wseconds West, with Muv6
O Road and the, cast \ineuf said 551&uyUU
Joint Venture bwt,a distance ofS\?.-- feet tuu'PK` Nail oo|'iu Maybill Boud for the southeast comer of said 55
]
MuyjiU]Jont\wotme tract, same point being in. the west line ofu tract of land described hyJoedto}berrie Logan,
Number
(R.P.I(.D.C.T.),
7�%1DNCE South 89 degrees 52nnin�ou2lseconds vvb6�enon�l�oof said 5S1n�uxb�1Jo�t Venture
uoo�a distance uC}l|4i5vmt�nu]~��l�|�nrud*h 'ol{o`*coyxtumpud"^��bur3nrvo�ogCompuuy°(&SC)
' '- -'
am for oucnriu the wouUh8ummf said 551 MnyziU Joint Venture tract and the north line
oya tract of land described
by deed (o George 4. Calhoun and
wife, JmunoiD. Calhoun, recorded under County Clerk's File Number 9y'96?4.
D.P.D.I).C.?.;
THENCE North O1 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, u
distance of817870:��tuul/2�mb�ou rod vvbhyoDovrcap �uo��od^^^�SC" set for corner in the no�b)�enfsaid
-- ouddb nod�16uoo�tbo``Do�6Truuf`dooc6hedhydae6toD���oo�(ou�yItd..
��l 0Juyb1UJob�\routm.:�uut nx the,
"South
THENCE North 99 degrees 52 minutes 44 seconds East, with the north line of said 551 Maybill Joint Venture tract
and the south line of said Marthio Realty tract, a distance of 114-00 feet to the POINT OF BEGINNING and
containing 2.115 acres uf land, oy which O.399 acres lie existing MoybiURoad.
cy1ma/-31
Parcel M070
EXHIBIT "A" - to Ordinance (Property Interests)
Martino Realty, Ltd. Partnership
Inatr, No. 2005- 143890
"South Traot"
S8952 ,WW
I.R.F. 897.41'
N89a52',
(C. M.)
114.0
1
�
Plan It Storage, LLC
Instr, No. 2012 -26389
1G" Pumc vvatyy vstr rde0i — mm P
dnstr. No. 2012- -5551
Fr €a c feyy Aocasa tit € @7ty
t74Pnna 1r t rolnn0e Enaromant
$
Instr. No. 20t2 -45551
[
"
i`
00
30° orolnogo Eoaornent
Qtr. No. 2012 - 55595 -
coi
�-J
551 Mayhill Joint Venture
to IF
Instr. No. 2005 -6231
vs#
(neuf+der)
+
All improvements not shown hereon.
l
•
Easements recorded in Vol. 197, Pg.
' #!
0
6 & Vol, 264, Pg. 151 as assigned in
1 o
. fVC11 58952 "21, °W
y
58952 '21 "W 1 1`1'4"
828.04°
j
Easement recorded under Instrument
® --_
9 °52'21
1. R. F.
(C.M.) +
t
11141
Vonnie Ceorge d}•e�rge A Calhoun &
In+tr. No, 2007— 1,34977 No3 8a v asl n. Whount
filer No. OP -0674
fi
i
EXHIBIT "B 1'
May'hill Road
Parcel M074
2.115 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
--2012-
kull- John Raq
In+tr. No. 2000 -91931
NaU
(t; M. )
200 0 100 200
SCALE: 1" -200'
Bearings shown hereon based on the City of
Denton GIs Network,
I
Q
I
0
-
tJayl�tli. PalnL & Body Rhop
VOL 2061, Pa. Wo N
+
®TES:
M
"
I.R.F. = 1/2" Iron Rod Found
a+
I.R.S. =1/2" Iron Rod Set with
"Arthur
yellow cap stamped
Surveying Company"
+
All improvements not shown hereon.
l
•
Easements recorded in Vol. 197, Pg.
' #!
6 & Vol, 264, Pg. 151 as assigned in
1 o
Vol. 756, Pg. 669 do not affect this
.tract.to the best of my knowledge.
Easement recorded under Instrument
No, 2006 - 131887, does not effect the
implied Dedication
subject tract.
New Right -of -way 1.716 ao. (74,744 sq. ft.)
Lxis €illg Implied Dedication 0.399 ac. (17,3 }7 sq. fl ) ,. -',
1 il,l`OS (92,141 sq. f).) nr=
,° �"�NoU Parcel M070
Jharrle Lagan
T C.C. P1. No. 86 -63681
•V
5 (',(lT�'riYdJrf.� frds " "Id1`Tk'[{;.A"I`I(PtS
17i undomn R crl eloca hetrhy cewy V1 rid2o
dtesounxa (i7 F. I-.'a. t924SS) € d €leis cutvCy 3voa
Mz(aAyiun edillu 'aagmmddf €l9eproperlytagalty
aewuihetl hcrcori naxt 1s coarec', and to Rha ht.,t of
my In srovPe Pga, Marra arc no vlslble d1guaturnolca,
c a �tlPn xhreetagas hi juv4i, twwd"y ikoe Coae01CM
an roachuoants, ovumpplee t oitroprovaneania,
macnlWA of 0911M 9f WAY IhAf 1 have Prcan advl.1c4
ofoxcept as ahown hereon.
rthur Surveying Co., Inc.
Professional Land Surveyors
P.O.Box 54 — Lcwtsville, Texas 75067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Established 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"
SLOPE EASEMENT
0.202 Acres
9-11111M A 1 1 i oe1 1 County. Texas
BEING rill t1latcertairi lot, tractor parcel of hand situated In flieM.E.P. &P.R.R. company Survey, Abstract
Number 927, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to
551 Mayhill Joint Venture, recorded under Instrument Number 2005 -6231, Official Public Records, Denton County,
Texas (O.P.R.D C.T), and bein-r-, more particularly described as follows:
COMMENCING at a "PK" Nail found in Mayhill Road for the northeast comer of said 551 Mayhill Joint Venture
Tract, same point being in the west line of a tract of land described by deed to John Ray, recorded under Instrument
Number 2006-91931, O.P.R.D.C.T.;
THENCE South 89 degrees 52 minutes 44 secowls West, with the 11or,,11 line of said 551 Mayhill Joint Venture
tract, a distance of 114.00 feet to the POINT OF BEGINNING, saine point being in 1,11c south line of the "South
Tract"described by deed to Martino Realty Ltd., Partnership, recorded under Instrument Number 2005-143880,.
O.P.R,D.C.T.;
THENCE South 01 degrees 25 minutes 36 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance, of 393,88 feet to a poitit for comer;
THENCE North 88 degree 34 minutes 24 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 10.00 feet to a point for comer;
THENCE North 02 degrees 23 minutes 15 seconds West, over and across said 551 Mayhill Joint Venture tract, a
distance of 300.67 feet to a point for comer;
THENCE North 01 degrees 25 minutes 36 seconds East, over and across said 551 Mayhill Joint Venture tract, a
distance of 93.07 feet to a point for comer in the north line of said 551 Mayhill Joint Venture tract and the south line
of said Martino Realty tract;
THENCE North 89 degrees 52 minutes 44 seconds East, with the north line of said 551 Mayhill Joint Venture tract
and the south &e of said Martino Realty tract, a distance of 30.01 feet to the POINT OF BEGINNING and
containing 0.202 acres of land.
C1107131 -31
Parcel M070-PSE
EXHIBIT "A" - to Ordinance (Property Interests)
Martino Realty, Ltd. Partna-Up John Ray
Instr No 2000-143880 s g Infitr. No. 2009 -81931
.South TraeV
P.4-
S89'52'441"W N8905244"B
I.R.F. 86Z40 30.01'
Nall
Found 0-- 589142 404 "W Foun d (�C,&.)
.4 1 1 114. 00'
0.202 Acre
Slope Easement,,,
(8,804 sq. ft.)
Plan It Storage, LW
No. 2012-26380
4
16' Publ(c UtUtty Easement —
F
Ins(r. No. 2012-55513 O
UVIRY,
ratnoga Ensernont I
2012-55515
N
100 0 50 100
SCALE: 1`100'
Bearings shown hereon based on the City of
Denton GIs Network.
NOTES:
0 I.R.F. = 112" Iron Rod Found
0 ice. --4/24Pon Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 197, Pg.
6 & Vol. 264, Pg. 151 as assigned in
Vol. 756, Pg. 669 do not affect this
tract to the best of my knowledge.
• Easement recorded under Instrument
No. 2006-131887, does not affect the
EXHIBIT "B"
Slope Easement
0.202 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
--.2012--
Syr
subject tract.
71a undcrelt,,=d doos WrcbY 0 ext"TY tD TWO
1tr1t)1U0,U (0, 11. So. 1024.55) MW Lida fiUvoy was
th[lg LlAy Itt ndo on flio gottod of (ho ptopelly 1490Y
drsclOrd heman and to rorfcct, and k' 0M 110-If Of
any kfl mVW8n, 01cro WO 00 01JOU dfz" uFNXIVI"�
5,horLvos In afro, to ussiary 11030 coankv,
,maollim or llghfy of WAY that thniD brut AdvisrAl
of"o cp t 04 aho 4Vn hercom
rthur Surveying Co., Inc.
Professional Land Surveyors
1,,.oJ3ox 54, — Lewinville. Texas 76067
office: (072) 221-9939 Faz (972) 221-4675
Established 1,986
t9
M.yhra Faint & Body Shop
Vol, 2061 , Pg. 508
—30' Drulnon CO20mqo I
Ins1r. No, ka
Mayhill Joint Venture
OF
1551
Instr. No. 2005-6231
cl
9
N8803,4'24" 177 T441
JOHN fa 1-
0,00,
.......
EXHIBIT "B"
Slope Easement
0.202 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
--.2012--
Syr
subject tract.
71a undcrelt,,=d doos WrcbY 0 ext"TY tD TWO
1tr1t)1U0,U (0, 11. So. 1024.55) MW Lida fiUvoy was
th[lg LlAy Itt ndo on flio gottod of (ho ptopelly 1490Y
drsclOrd heman and to rorfcct, and k' 0M 110-If Of
any kfl mVW8n, 01cro WO 00 01JOU dfz" uFNXIVI"�
5,horLvos In afro, to ussiary 11030 coankv,
,maollim or llghfy of WAY that thniD brut AdvisrAl
of"o cp t 04 aho 4Vn hercom
rthur Surveying Co., Inc.
Professional Land Surveyors
1,,.oJ3ox 54, — Lewinville. Texas 76067
office: (072) 221-9939 Faz (972) 221-4675
Established 1,986