2014-085s:\Iegal\our documents\ordinances\14\donnelly ed ordinance.docx
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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