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2014-085s:\Iegal\our documents\ordinances\14\donnelly ed ordinance.docx ffilloog s:\1ega1\our documents\ordinances\14\donnelly ed ordinance.doa WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interests on February 20, 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, subject to reservations; (b) Temporary Construction, Grading and Access Easement, and (c) an Abandonment, Release and Quitclaim, all being the instruments proposed to convey the Property Interests sought to be acquired and extinguished 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 the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right-of-way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway, generally located in the 3900 block of Quailcreek Road (a private 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 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, s:\1ega1\our documents\ordinances\14\donnelly ed ordinance.dou � � I I ii 96TOT-01 a M SECTION 1. The Council finds that a public use and necessity exists to widen and expand Mayhill Road 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 the surface estate, with waiver of surface use to the mineral estate, of a 3.966 acre tract, subject to reservation of right-of-way for passage of livestock, pedestrian and vehicular travel on, over and across a 0.171 acre tract; (ii) temporary construction, grading and access easement encumbering a 0.588 acre tract; and (iii) private easement appurtenant rights of ingress and egress encumbering a 0.295 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway, generally located in the 3900 block of Quailcreek Road (a private 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. 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. s:\Iegal\our documents\ord ina nces\14\donnelly ed ordinance.docx PASSED AND APPROVED this the day of _Mar ) 2014. .... . .. ..... Z, ................ MARK A. BURRC)UGIN x";MAYOR By: EXHIBIT "A" attachment to Ordinance - (Property Interests) Page I of I MAYHILL ROAD PARCEL M139 3.966 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton Coou�'Tosuo and he�gya�ofdz�uedu��uo of land �muz@adby deed toRobe�P.DonuuUy recorded ' in Volume 3384,P �9O5,IJeedBeuorda,Dom1onCouoty Texas UD.fLD.C.T.\ and h:�gmume pm�oulurly described uofollows: COMM ENCING at the northwest corner of sai d Domiel ly tract, same point being an i mier el I corrier of Providence Place fl, an addition to the City of Denton, Denton County, Texas, accord ing to the plat thereof recorded in Cabinet ]{, Page 905^ Plat Records, Denton C000ty,Tomam` and being the northeast corner ofu tract nf land described by deed to Que Brittain et, Ux. Brenda Brittain, recorded under histrunient Ntirriber 2000-117234, official Public Records, Denton County, Toxaa(O.9.D.D.CI); THENCE North 88 degrees O2 minutes 42 seconds East, with the north line of said Donnelly toactoodaoon1blioe of said Providence Place 11 addition, a distance of 251.96 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.Q.C.) set for the POINT OF BEGINNING; THENCE North 88 degrees O2 minutes 42 seconds East, continuing with the north line of said Donnelly tract and south line of said Providence Place II addition., a distance of 184.09 feet to a 1/2 inch iron rod with yellow cap otomped'/,&.S.C." set for comer olthe beginning ofu non-tangent curve to the left, having u radius ofAl7.O0 feet; THENCE over and across said Donnelly tract, with said curve to the left, having a central angle of 06 degrees 31 minutes 39 seconds, whose chord bears South 21 degrees 09 minutes 09 seconds West a distance of 104.41 feet' an arc length of1O4.47 feet toa1/2 inch iron rod with yellow cap stamped "A.S.C.''set for comer; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 583',98 feet ouu1/2 inch iron rod with yellow cap stamped ^'^&.8.C." set for corner; THENCE South 45 degrees 28 minutes 5l seconds West, over and across said Donnelly tract, o distance oC0l.02 feet toul/2 inch iron rod with yellow cap stamped ",&.8.C." set for comer; THENCE South OO degrees 28 minutes j1 seconds West, over and across said Donnelly tract, u distance ofl3O.68 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer in the south line of said Donnelly tract and the north line of a tract of land described by deed to Transcontinental Realty Investors, Inc., recorded under Instrument Number 2OOj'l5ly0l.O.P.R.D.C.T.; THENCE South 88 degrees 23 minutes 51 seconds West, with the south line of said Donnelly tract and the north line ny said Transcontinental tract, u distance of5O.42 feet toal/2 inch iron rod with yellow cap stamped "A.8.C." set for the most southerly southwest comer of said Donnelly tract, same point being iou northeast line oyu tract of land described by deed to Dallas Area Rapid Transit (DART), recorded under Instrument Number 2010-43179, (continued) om7o/-25 Parcel M229-Revised J Ordinance - (Property Page 2 of V I EXHIBIT "A" attachment THENCE North 47 degrees 29 minutes 57 seconds West, with the southwest line of said Donnelly tract and a northeast line of said DART tract, a distance of 88.33 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; THENCE North 50 degrees 19 minutes 36 seconds West, with the southwest line of said Donnelly tract and a northeast line of said DART tract, a distance of 24.50 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the southwest line of said Donnelly tract and a northeast line of said DART tract; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 210.36 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; THENCE North 44 degrees 31 minutes 09 seconds West, over and across said Donnelly tract, a distance of 56.57 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 281.06 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; THENCE North 19 degrees 47 minutes 08 seconds East, over and across said Donnelly tract, a distance of 281.13 feet to the POINT OF BEGINNING and containing 3.966 acres of land, more or less. �d f ,r V C1107131 -25 Parcel M229- Revised r , EXHIBIT "A" attachment to Ordinance - i(Property, Interests Page 3 of 10 Providence Place II Cab. $ Pg. 906 I Qua Brittain, 1 at ux Brenda Brittain/ Ins tr. No 2000 - 117234 (remainder) 1 r N56'46'11 33.64' A la I� i :: +l 1. R. S, 0 3.966 Acres N Parcel M139 -W 1 (172,744 sq.1't.) �1 I, R. S. L7 NO 1. R. S. 1 r L61 1 Kevin Nelms, et. al. Vol. 3432, Pg. 911 S88'01'21 "W 1, R. F-. C. 1791.54 (C M-) 585.70' I, ,F.C. .S, I I I I 1 City of I I Vol. 4016 1 \ 1 k1b $1 I I °; titib 1 5 go I h �tio I I 1 i I I Dt3nrrally 1 kn Addition t o® 1 Cab. O, I ?? S' Pg. 77 Robert P. Donnelly I I Vol. 3384, Pg. 905 I I ,�4 (remainder) I I 1, R. S. I Ll DART Instr. No.+ 2010 -43179 R 5, LS I.R. NOTES: e I.R.F. = 1/2" Iron Rod Found e I.R.F,C =5/8" Iron Found with yellow cap stamped "Cotton Surveying Company" e I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" e All improvements not shown hereon. e Blanket Easement recorded in Vol. 357, Pg. 45 includes subject tract. e Easements recorded in Vol. 336, Pgs. 347 & 583 & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. e Easement recorded in Vol. 341, Pg. 222 is centered on a pipeline not specifically located. a Gas line shown was not field verified. location provided by others. A N Denton Pg, 115 I,R S. 1 gas Ilne as note 200 0 100 .200 L2 SCALE: P=200' ®® — — Bearings shown hereon based on the City of 5. Transcontinental Realty Denton GIS Network, Investors, Inc. �\ Instr. No. 2006- 161991 CARVE TA13LE �R}, yyaa�crtt;i�u�}rys .L��ryrye,,n tppll � Delta [- C[1y�or ;d] l %1 l.. tlVt li.r"f.`tft _- LF��JIf�lt A.7.Gi altJp�i rt Y'Y �ii�."i'1' � 4 David Hough Survey,' Abstract Number 646 City Denton of Denton County, Texas --2012-- SURVEYORS CERTIFICATION: The undersigned does hereby cottity to Title Resources (Q.F, No, 102634) that this sunray was this day made on the ground of the property legally described hereon and Is coma, and to the beat of my knowledge, there are no visible discrepancies, confllcts, shortages in area, boundary line oonfliots, encroachments, overlapping ofhnprovements, easements or rights of way that Ihave been advised of exoept as shown hereon. rthur Surveying Co., Inc. P"fies.,donal Land Surveyws P.O.Box 54 Lewisville, Texas 76067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Egtatblished 1986 EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 4 of 10 0.171 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Robert P. Donnelly, recorded in Volume 3384, Page 905, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at the northwest corner of said Donnelly tract, same point being an inner ell corner of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the. plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas, and being the northeast corner of a tract of land described by deed to Que Brittain et. Ux. Brenda Brittain, recorded under Instrument Number 2000 - 117234, Official Public Records, Denton County, Texas (O.P.R.D.C.T.); THENCE North 88 degrees 02 minutes 42 seconds East, with the north line of said Donnelly tract and a south line of said Providence Place II addition, a distance of 251.96 feet to a point for corner; THENCE South 19 degrees 47 minutes 08 seconds Nest, over and across said Donnelly tract, a distance of 281.13 feet to a point for corner; THENCE South 00 degrees 25 minutes 51 seconds West, over and across said Donnelly tract, a distance of 281.06 feet to a point for corner; THENCE South 44 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 56.57 feet to a point for corner; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 8.67 feet to the POINT OF BEGINNING; THENCE South 46 degrees 31 minutes 09 seconds East, over and across said Donnelly tract, a distance of 197.25 feet to a point for corner; T CE'South 45 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 13.10 feet to a point for corner; THENCE South 00 degrees 28 minutes 51 seconds West, over and across said Donnelly tract, a distance of 36.79 feet to a point for corner; THENCE North 46 degrees 31 minutes 09 seconds West, over and across said Donnelly tract, a distance of 184.59 feet to a point for corner; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 54.6 feet to the POINT OF BEGINNING and containing 0.171 acre of land. hV C1107131 -25 Parcel M229- Passage tract e. I EXHIBIT "All attachment to Ordinance - Providence Place 11 Cab. X Pg. 905 Qua Brittain, 1' 1 co et ux Brenda Brittaln/ I Inst r,,.2 s88'Ol'21,,,W 1791.54 - 2000- t4 0) (remainder) N N88'02'4 bE 585.10 R F.C, N56'48'11 33.64' N88'0244"E .— 2-51-9C — 200 0 100 200 SCALE: 1 200' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • I.R.F. =1/2" Iron Rod Found • I.R.F.C.=5/8" Iron Found with yellow cap stamped "Cotton Surveying Company" • I.R.S. =1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. Passage Tract 0.171 acre in the David Hough Survey, Abstract- Number 646 I City of Denton Denton County, Texas 2012-- rot,)ertv Interests) Pale 5 of 10 Kevin Nelms, et. al. Vol. 3432, Pg. 911 s88'Ol'21,,,W 1791.54 Ij?.F.0 M (C I) N88'02'4 bE 585.10 R F.C, it 41 Robert P. Donnelly Vol. 3384 Pg ' 905 (rernainder) Donnelly) Addition Cab. 0, sed Pg. 77 0. B.1 0.171 Acre Passage Tract I VoC1. 4015, Pg. 1166 ity of Denton L4 (7,466 sq. ft.) L5 Transcontinental Realty Investors, Inc. Instr. No. 2005-151991 LINE, TABLE F S44031'09"E 56.57' V-, S00028'51 "W 8.67' 1 E ja S46031'09"E 197.25' ... ........ (JOHN M. BUS S45028'51 "W 13. 10' .. ..... S00028'51 "W 36.79' Arthur Surveying Co., Inc. Frolsessionat 2d Surveyors P.O.Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Estatblished 1986 EXHIBIT "All attachment to Ordinance - (Property Interests) Page 6 of 10 TEMPORARY CONSTRUCTION, GRADING & ACCESS EASEMENT 0,588 Acre City of Denton, Denton County, Texas EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 7 of 10 THENCE North 45 degrees 28 minutes 51 seconds Last, over and across said Donnelly tract, a distance of 91.92 feet to a 112 inch iron rod with yellow cap stamped "A.&C." set for corner; THENCE North 00 degrees 28 minutes 51 seconds East, over and across said Donnelly tract, a distance of 58198 C, feet to a 112 inch iron rod with yellow cap stamped "A.S.C." set for corner at the beginning of a non-tangent curve to the right, having a radius of 917.00 feet; THENCE over and across said Donnelly tract, with said curve to the right, having a central angle of 06 degrees 31 ininutes 39 seconds, whose chord bears North 21 degrees 09 MillUteS 09 seconds East at 104.41 feet, an are length of 104,47 feet to the POINT OF BEGINNING and containing 0.588 acre of land, more or less. Joilli"14, M, F I 0 () 0 " oN EXHIBIT "A" attachment to Ordinance - (�Pro c Interests [ire 8 of 10 Kevin Nelms, et. al. Vol. 3432, P& 911 5136 °01`11 "V7 1791,54' (G. M.) N60)2',,32 "W 99 70' L4 / DART I R N56'48'1 I [M—Instr. No L31 33.64' 2010-43179 NOTLS: Transcontinental Realty 0 1 R.F. = 112" from Rod 1k)Mid Investors, Inc. * I RY C.=5/8" Iron Found with y0k-v can Instr. No. 2005-151991 slarnped "Cotton Surveying Conq%niy" 0 1 R,S, = 112" Iron Rod Set wish yello%%, cap stamped "Al-111LIT Stuveying Conitelwv" * All hoprovenients not shown hereon * Rlanktd Easenrent recorried in Vol 357, Pg, 45 hicludcs subject [rant * Easenrcrils recorded in Vol. 336, 11gs, 347 583 & Vol. 391, Pg, 169 do not inect this kidet to the best of knowledge. * Fasenient recorded in Vial. 341, 11g, 222 is centered on a pipeline not specifically located ® Gas [tire shown was not field verified, location provided by others, 20') 100 200 - - -------- SCALP: 111= EXHIBIT "A" attachment to Ordinance - (Property Interests) Page 9 of 10 0.295 Acre Civ,juitf le-clitra. Denton County, Texas .......... . EXHIBIT "A" attachment to Ordinance - (Propjjrt interests) rake tee o� 1<u Kevin Helms et, al. Volume 3432, Page 911 100 0 50 160 SCALE: 1"=100' Bearings shown hereon based on the City of Denton GIS Nciwoi-k. 'gar Ithe note Lot IR, Block F 50, PIJW,c UNNY, Providence Place H En)Or4ffr1V G,(;9dgAj.t,mj ".n� , r I Y PROP 905 ra��Om " —g-q,04 per Ph' Robert P. Donnelly Volume 3384, Page 905 (remainder) NSS-01'21"E 1�.F.�- 562.62,_ i, RF.S. —0 LL R= 917.00' L=56,201 (0.655 acre 3 °30'41" remaining) ' C Chd,=s261,10'19"W 56.19 56.19' Donnelly Addition -Cabinot 0. Page 77 Robert P. Donnelly Volume 3384, Page 905 (remainder) o" A _5 A