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