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2014-072s:\Iegal\our documents\ordinances\14\haggard ed ordinance.docx ORDINANCE NO. 2014-072 s:\1ega1\our documents\ordinances\14\haggard ed ordinance.doa 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 January 21, 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 (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 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 1.029 acre tract (the "Mayhill tract"); (ii) fee simple to a 0.624 acre tract (the "Landfill tract"); and (iii) a slope easement encumbering a 0.076 acre tract, 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 1900 block of South Mayhill 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 (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 s:\1ega1\our documents\ordinances\14\haggard ed ordinance.dou 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 1.029 acre tract (the "Mayhill tract"); (ii) fee simple to a 0.624 acre tract (the "landfill tract"); and (iii) a slope easement encumbering a 0,076 acre tract, 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 1900 block of South Mayhill 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. s:\1ega1\our documents\ordinances\14\haggard ed ordinance.dou 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 SECRETARS LIMA • % • ff I All 0 t 1J _Inn I fhl By: MARK A. MAYOR 111 11111111111111 111111111 111 1 MIM rthur Surveying Co., Inc-. P.O. Box 54—Le`*isviUe, Texas rsos7 <)omcc:(o72) 221-943* — Fax: (g72)2oz-4n7s 3CXJHIBIT "A" MAY£HLL ROAD PARCEL M136 1.039 Acres City wt Denton, Denton County, Texas BEING all that certain lot, tract nr parcel oy land situated h the David Boogh8wrvoy, Abstract Number 646, City yof Denton, Denton County, Texas, and h o�n� a part m[dmatcertain it-act m[ land described hy deed ho Mason &.Haggard and wife, Wilma Haggard, recorded m Volume 3_/` ,aAm 430 . Deed Records, Denton County, Texas, and being more particularly described uofollows: COMMENCING u1u 1/2 inch iron rod found for corner in the cast line of said Haggard tract and the northeast comer of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2O06'1O077O' Official Public Records, Denton County, Texas (0.9.R.D.C.Tj` and being |n the existing MuyhH\Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line o{ said Gre6 tract, u distance of80.31 feet ton1/2 inch iron rod with yellow cap stamped "Arthur surveying Company" (AS{) set for the POINT @F BEGINNING; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Gmbtract, u distance of135.l7 feet toul/2 inch iron rod with yellow cap stamped "}\SC" set for comer; THENCE North 0 1 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.88 feet tnul/2 inch iron rod with yellow cap stamped "AOC" set for corner iu the north line nf said Haggard tract and the south line of a tract of land described by deed to John Henry Bond, etaL, recorded under Instrument Number 2004-90989.0.9.R.D.C3.; THENCE North 87dogr �n52miuutoa49000nn6oEuo�*itb�eno�hU000fxuidF�u&govdkamun6\honoudbUne oyooN Bond �uo�u distance oy\35.32 feet ioo1/% inch iron rod with yellow cap stamped ''/\SC` set for corner; THENCE South 01 degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 333.40 feet to the POINT OF BEGINNING and containing 1.029 acres of land. ivy como1-2n Parcel m|36 'VYYTYUYT "A" - to Ordinance (Property Interests) I.R.F. t ,N� I b ry41 7��1 I 4 P0 P john Henry Bond, otal 0 to I 3 y5 too i7 50 3170 N97 052 49" 135.32' 1., =. fd4ri! SCALE: 1"= 100' -•• "" 1.R S 752' "E Set Bearings shown hereon based on the City of 82.7 Denton GIS Network. 4 15' Gas £rseniorl lost. No. 2006 -64;W £osement NOTES: 1 t vol. t9Q Pg. 620 . I.R.F. = Iron Rod Pound �f a l • C.LR.F. = 5/8" Iron Rod Found with bi Cl cap stamped "Cotton Surveying ", 61 1.029 Acres MI Q • i.R S. =1 /2" Iron Rod Set with ' I yellow cap stamped "Arthur Mason A Haggard & wife, Wilma Haggard I Parcel M136 �� I �� Surveying Company" Volume 337, Page 430 (44,839 sq. ft.) = j v All improvements not shown hereon. (remolnder) N l 3 a Easement recorded in Vol. 336, Pg. o t ^? 367 does not affect this tract to the ° b best ofiny knowledge. fQ� I Easement recorded in Vol. 341, Pg. f �J� t 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline not CL C3 specifically located. Blanket Easement-recorded in Vol. y I i I 357, Pg. 54 includes this tract. 5868.68' W i$� t38 `i6S.3 „WI �,/� I?. S. 80.31) R F. Cam— ®_ V sc''�”' � t3 5653 "1 s /s" 1. R. F. ASlfiitl 8 EE oi' id a Richard A Grab & �S{. wite, Nancy A Grab Instr. No. 2006- 100770 i l ,gUR,°4 EYoX4; CER3'tr'ICA'A7r]1V; 11:c undaisirocd dorsberchyccr €lfy to Vrk 14c-5oulucs (G, , No 121696) tht,t dal' survey+ wets thi, day mAdc ol, tile, Weimd of thv pioprr legally dascnhcd 1acr�tts •a{ri la ¢atrr:rf, {tP {bt ur .'!ue hasp trf Mayhill Road cryict" 6cvll ;r,elIIIareattUde'adfncpfiffis, rore0tsts„ sire�'tapt3 in arcs„ boand+ttyline ctrtti3lcta, Parcel M136 vaarrtaar:bwcruts, avcrlapplag oflingarowrrnaats, ryse� rt��aofexc tas6ht3wn110reoLl. rtaeivlxel Lueoo. of except as shown 1.429 Acres Surveying Co., Inc. David Hough Survey, rthur Abstract Number 646 professional Land s"r`r`y °m City of Denton y P.A.Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Denton County, Texas Estatbiislaed 1986 --2012-- EXHIBIT "All .tO Ordinance (Property Arthur ����r ««'7u^��� ^^~°^� ~~~~'' -1-S . -V'C' P.O. Box 54—Le"^o,illn, Texas r5o6r 0117ice:(972)221'943* _ Fuu:(v72)2c1-4ors E, XHI]0IToA» MUNICIPAL USE TRACT 0.624 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract b�dxku�u bn�c�mktBo�6SmvuKAbs$ac Number 646'0�of "`p�°�"^ Denton, Denton County, Texas, and being upart of that certain tract oCland d�cHhcdbyd�d�Me�nA.Ba��6 and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corrier in the east line of said Haggard tract and the northeast corner of a tract of land described by deed to Richard A ' Greb and wife, Nancy A. Greb, recorded under Instrument Number '1(O7.O'0A1ual Public Records, Den(uu County, Texas (0.9.R. D. C. T.) . and being |u the existing &duy6U1Kond; THENCE South 88do8r �o56m�u�o53s0000dyWeo�vvk6�euoubl8000fo�dGrehtna�udio�nceof8O.3\ ��uoul/Ji�hinmm~~ with yellow cap stamped "Arthur Surveying Company" (ASC) set for comer; THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 333.4 0 feet to a 1/2 inch iron rod with yellow C81) statlIlled "ASC" set for corner in the north line of said Haggard tract and the south line o[u tract of land described by deed to John Henry Bond, eta\ recorded under Instrument Number 2004'30989,0.P.R.D.C.T.; 3BOMCEYVuuh87dcgroo52nniuu�u49 seconds Sud,with the no�hline of said 8u&g�d�oo and the south line �[ said Bond �oo� uJix\^~u�of82.70 {�o��o u''Pk�` Nail set for the uo�bouxtooruozvf said Haggard tmctand the — �kh i in the xoutkmu�cucnmofo�d Bond uaut.same po ooA , THENCE South 02degrees 14 minutes 30 seconds West, with the east line of said Haggard tract, and with the existing Mayhill Road, a distance of 335 ' .07 feet to the POINT OF BEGINNINC and containing 0.624 acres of land, of which O.23O acres lie within the existing K4uyhi|\Road. cumo\-2n Parcel moo Municipal Use Tract PYTTTRTT (t A" _ to Ordinance ('Property Interests) klin Henry Bond. eta). i 3�1 Instr.. Nm 2004•- 2091313 I.R. S _, , —° . —. —• °r—° i a 0ae f;'o eenent �.— t Inslr Ida. 2006 -64790 M New Municipal Use Tract 0.279 ac. (12,149 sq. ft.) Existing Implied Dedication 0,230 ac. (10,042 sq. ft.) Gas Easement 0.115 ac. (5,005 sq. II.) i c'e5 (27,196 sq. ft,) Municipal Use Tract Mason A Haggard & ISfi, c a wife, Wilma Haggard, Volume 337, Page 430 6� I + 1 S88'56`5.3 `W Proposed Porcel M136 603.85' 518" f+ 1. R. F 0'� %y� Richard A Greb & xlfe, Nancy A Greb Instr, No, 2006- 100770 Municipal Use Tract 0.624 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- I.R.F. w ^o P `* °o `O z N87052'4PT 82. M _ "PK" Noil SCALE: I"= l00' Set Bearings shown hereon based on (lie City of Denton GIS Network. g,.-4— Existing Fence 7P &1 Easement _ Vol. 190, Pg. 620 NOTES: o i m I.R.F.= Iron Rod Found fy, C.I.R.r. = 5/8" Iron Rod Found with ". C I A cap stamped "Cotton Surveying 2 QI I.R.S. = 112" Iron Rod Set with I 0 11 Q yellow cap stamped "Arthur o �O Surveying Company" I fx Ali improvements not shown hereon, c t♦ n Easement recorded in Vol. 336, Pg, 367 does not affect this tract 10 the IM best of my knowledge. Easement recorded in Vol. 341, Pg. N 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline not located. specifically Blanket Easement recorded in Vol. 357, Pg. 54 includes this tract. I r I.R.F S$fi' °56' YW 80.3 ' 3 N rn0�d s CA R. F. I/ 8tjRjiEY01tS MR71FICAT'FON: 1 -" are unarns gnas+1 dons Fmretay s e,r Iy U, TRIO 1tmwax es (0-F?. Pin. 12.169) chef ffiN avrecy W" rlal, day mede on the #grra "aad of ft grr "p+my [egg' 11y dcxrribod hc,=04 nand is cnrscrt, nfsd fa Rte hcs¢ of tafy knowkdgc, Ehcra am no vislble+tlisera°.. nnrics, €oaxf O3, shollogr4 In area,. houndary uric con lids.. rnerrsarhracurs, ovaMpping or raprosrcricrica, ensemmit€ of 118Ufc ur Ivey ow 1 bnvr, been asdalsrd ormerl ns Amu herrnn. 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 nA�' _to Ordina0ce8property rthur SurveyIng Co., Inc. P.O. Box z4— Lewisville, Texas 75067 EXHIBIT "A" 10' SLOPE EASEMENT MAYR%LL ROAD PROJECT 0.076 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract o«of��uima�dha�oDm�Hu�h0umu,&6��t N�bo,648,{]�of parcel n[� co�n�uuf|m�d�o�c by�����on� B�c�6 Denton, �m�ooCoun��Toxu�uudb�u�apu� a1 described � �~~ ' �� and wife, Wilma Haggard, roumde6in\o[uom337'Puga43V,DmmdRmcmn]u, Dm u Denton and being more particularly described as follows: COMMENCING utu 1/2 inch iron rod found for corner bu the east line of said Haggard tract and the northeast uomxrnfukaotof}oudduoudhed6yduo6mR|ohurd&.GrebauJx(fb'NwnoyA.Greh,rxcordoduodor[noiruzuout Numbor2OO6'i0O?7O'OU8o|uiPub|ioRecodo,DcntonCouniy,Toxuo(O.P.F\.D.CI).uudbein8iutbooxhdng K8uyhNKoud; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 215.48 feet to a 1/2 inch iroll rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT 0F BEGINNING; THENCE South 88 degrees 56 minutes B seconds West, with the north line of said Grchtract, u distance u[lO.O\ feet tou point for comer; THENCE North 01 degrees 50m|nutcy2| seconds Gust, over and across said Haggard tract, u distance of33O.69 feet to a point for comer in the north fine of said liaggard tract and the south line of a tract of land described by deed io John Henry Bond, etu|.. recorded under Instrument Number 2OO4'3OV8V,0.P.R.D.C.7.; THENCE North 87 d egrees 52 minutes 49 seconds East, with the north line of said Haggard �u�uu 6tb 000u d6|ioo of said Bond tract, u distance oflO.O2feet tou1/% inch iron rod with yellow cap stamped "ASC"set for corner; THENCE South 0 1 degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 330.88 feet to the POINT OF BEGINNING and containing O.O76 acres ofland. cumo\-27 Parcel M136 Slope Easement n /'�\~ �� �x� - \« F.XNTRTT "A II -to Ordinance (Property Interests) I.R.F.C}y W ? ' 3 John henry Bond, otu), �i �t InAr. No. 2004-30960 h 0 `°' ; <�v { ' 100 0 50 100 L2 1 - - „I,Kr. Noll SCALE: 1"= 100' N877 52,46; Set Bearings shown hereon based on the City of 218.08' t Denton GIS Network. f� I 10, Slope Easement 0.076 Acres NOTES: f I.R.F. = Iron Rod Found 1 (3,308 sq. ft) I C.I.R.F. = 5/8" Iron Rod Found with �� Qo cap stamped "Cotton Surveying ". 11 --�i11 I.R.S. = t /2" Iron Rod Set with tm 1 � yellow cap stamped "Arthur Mason A. Haggard & tea` �1' 0 � I t v Surveying Company" wife, Wilma Haggard W� I���" All improvements not shown hereon. Volume 337, Page 430 1v N H P (remainder) LINE TAB LE L1 I S88 °56'53 "W 10.01' I t L N87 52-49-E_ 10.02' t t S88'56'53 "W 458,67'' t.F?.5. , R. F. C° _ — S88'56 53"W "W �ro7t'r 245.48' ` ' L I A a pl0 1 x i Richard A Greb k ! wife, Nancy A. Greb d Imtr. No, 2006- 100770 C.I.R.F. I Y� 100 Slope Easement Mayhill Road Project 0.076 Acres David Hough survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012-- SURVEYORS CERTMCAnON: 'rho and N1l;nrd sues hereby volify raa that t$at"z ski ,ey suit dish day madr on the gim ad Grtlao lsrarlrot #y legally dcscritrM laereon and is con"t and to tba bc5t orrray kaac:wup, daOro arm no vkblo df6etepuaarla5,. got,njets, stasartay eB to errs, hasos:rdarq Rnec9a¢iliety, rGSr arinranes, overlapping Gf jwrrovamrnts, e,a,eurenEf Gr r$l lair of %try zlaaat 1 Gave boar WfAsrsl a rewes pt as sGoml herrorr. rthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 64 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Estatblished 1986