2014-138ORDINANCE NO. 2�14-13g
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE
SIMPLE TO A 7.393 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A
4.508 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT
(HEREIN SO CALLED), ENCUMBERING A 0.804 ACRE TRACT, EACH AFFECTED
TRACT LOCATED IN THE JOHN B. BRANDON SURVEY, ABSTRACT NUMBER 1515,
CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF,
LOCATED GENERALLY IN THE 1400 BLOCK OF SOUTH MAYHILL ROAD (THE
"PROPERTY 1NTERESTS"), 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; AUTHORIZING THE FIL1Nc� AND PROSECUTION OF EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE THE PROPERTY 1NTEREST; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE: MAKING FINDINGS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(PARCEL 134 RTS&M, LLC - MAYHILL ROAD WIDENING AND IMPROVEMENTS
PROJECTAND CITY OF DENTON LANDFILL, A MUNICIPAL SOLID WASTE DISPOSAL
FACILITY)
WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and
expansion of Mayhill Road, and the expanding and improving of the City of Denton landfill, a
permitted municipal solid waste disposal facility, affecting, among other lands and interests, the
Property Interests;
WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use
of the City and its citizens;
WHEREAS, the expanding and improving the City of Denton landfill, a permitted
municipal solid waste disposal facility, constitutes a valid public use of the City and its citizens;
WHEREAS, the City made a written Initial Offer ("Initial Offer") to (1) Cynthia Bond
Ables; John Henry Bond, III; Jean Doye Stokes and Wayne Stokes, a married couple; Joe P.
Doye, Jr. a/k/a Joseph Pierre Doye, Jr.; and Patricia Ann Doye a/k/a Patricia Doye Kendall, the
owners of the Property Interests ("Prior Owners") on or before August 30, 2013;
WHEREAS, the Prior Owners held record title to the Property Interests at the time the
Initial Offer was made on August 30, 2013;
WHEREAS, the City provided to the Prior Owners of the Property Interests at the time of
presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports
produced or acquired by the City relating specifically to the Prior Owner's property prepared in
the ten (10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Prior Owners of the Property
Interests did not include a confidentiality provision and further informed the Prior Owners of the
Property Interests that such Prior Owners had the right to (i) discuss any offer or agreement
regarding the City's acquisition of the Property Interests with others; or (ii) keep the offer or
agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the
Texas Government Code (the "Non Coniidential Notice");
WHEREAS, the Prior Owners conveyed the Property Interests to RTS&M, LLC, a Texas
limited liability company ("Successor Owner"), by Special Warranty Deed filed of record in the
Real Property Records, Denton County, Texas under Instrument No. 2013-124666 on October 9,
2013;
WHEREAS, the City made a written Final Offer ("Final Offer") to the Successor Owner
of the Property Interests on March 11, 2014, said date being after the thirtieth (30t") day after the
date on which the City made the Initial Offer to the Prior Owners of the Property Interests;
WHEREAS, along with such Final Offer, the Successor Owner of the Property Interests
was provided a written appraisal from a certiiied appraiser of the value of the Property Interests
and the damages, if any, to any of the Successor Owner's remaining property;
WHEREAS, the Final Offer made to the Successor 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 Successor Owner of the Property Interests
included (i) a copy of the written appraisal; (ii) copies of (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 Successor Owner of the Property Interests at least
fourteen (14) days to respond to the Final Offer and the Successor 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 ancl 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 7.393 acre tract (the "Mayhill Tract"); (II) fee
simple to a 4.508 acre tract (the "Landfill Tract"); and (III) a Slope Easement ("Slope
Easement"), encumbering a 0.804 acre tract, located generally in the 1400 block of South
Mayhill Road (the "Property Interests"), 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 Landiill 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 1400 block of South Mayhill Road, each affected
tract located in the John B. Brandon Survey, Abstract Number 1515, 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 landiill tract,
for the public use of expanding and improving the City of Denton landiill, 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 7.393 acre tract ("Mayhill Tract"); (ii) fee simple to a 4.508 acre tract ("Landiill
Tract"); and (iii) a slope easement encumbering a 0.804 acre tract ("Slope Easement"), 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 landiill, a permitted municipal solid
waste disposal facility, located in the City of Denton, Texas, generally located in the 1400 block
of South Mayhill Road, each affected tract located in the John B. Brandon Survey, Abstract
Number 1515, 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 Prior Owners were the record title
owners of said Property Interests at the time of making the Initial Offer and that the Successor
Owner was the record title owners of said Property Interests at the time of making the 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 and as needed, 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 °�� day of � �� , 2014.
G� I'��� �4,YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
A
ANITA BURGESS, CITY
ATTORNEY
� ��� ��..
By: � �
�
EXHIBIT "A" - to Ordinance (Property Interests)
�� rthur Surve�ing Co., I nc.
Pr�f�s�ioz�� �,.�d Sazz-Fre,yor�
P.O. So� 54 -- Lewisville, Texas 75067
Oflice: (972) 221-9439 �- Fax: (972� 221-4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M134
7.393 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recarded under Instrument Number 2004-30989, Official Public Records, Denton Counry, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
COMM ENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, WiLna Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south ]ine of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC"
set for corner;
THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance
of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85
feet to a l/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a
radius of 2068.18 feet
THENCE with said curve to the right, over and across said Bond tract (2004-30988), having a central angle of O1
degrees 46 minutes 54 seconds, whose chord bears North 03 degrees 46 minutes 00 seconds East a distance of 64.31
feet, having an arc length of 64.31 feet to a"PK" Nail set for corner in Spencer Road, being in the north line of said
Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded
under Instrument Number 2003-205747, O.P.R.D.C.T.;
THENCE North 89 degrees �43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south ]ine of said Haeussler Properties tract, a distance of 135.54 feet to a"PK" Nail set for corner in Spencer
Road, same point being the beginning of a non-tangent curve to the left, having a radius of 1932.50 feet;
(continued)
C1107131-19
Parcel M 134
EXHIBIT "A" - to Ordinance (Property Interests)
,
�� rthur Surveying Co., I nc.
Pa-o�"�sssor�� F �..a�� S�zz°Fr�y�ars
P.O. Bo� 54 -- Lewisville, Te�as 75067
OfYice: (972) 221-9439 -- Faa: (972) 221-4675
THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of
71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63
feet to the POINT OF BEGINNING and containing 7393 acres of land, of which 0.109 acres lie wittlin the
existing Spencer Road and Mayhill Road.
_ , I;R.
i)1
p �.ao��/�� p�+ .. n..�ry.yo�,y.. qg
idVN V f.J�a7 �.• /4 fl i.'�i � I'9
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:.o� 435� P..
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��.�.,1SU R� �.�
C1107131-]9
Parcel M134
�� ��
lh,i
Y
EXHIBIT "A" - to Ordinance (Property Interests)
/ ti j, �, � �`:L ��, s�i r�, '{� r3, i7l'fd"'„✓C,-ii
��}``�ti�'���"� 1�?t�st�.�d` �+°,'�� I
(Variable Width ROW)
2�� I.P.F. SPENCER ROAD ,�PK�i Na,�
(C. M.)
0---�— - - - - ;�— - - jj-- - - e t
N88'S6'21 "W � � L�-= _ _ _
155.59' S83'43 23"W I.R. .
1876.43' I
i �
New Right-of-way 7.237 aa (315,266 sq. ft.) ��
Gas Easemeut 0.047 ac. (2,027 sq. ft.) ���
Gxisting ImpliedDedication 0.109 aa (4,758 sq. ft.) �l�
7.393 Acres (3z2,os t sy. tt.) �� 6
Parcel M134 � ���
9�
r;
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j �y y
���
; ,,�.
, ._, ,.
l.i
°4
;
�
: �j r�`'r°
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Haeussler Properties
-�--�— Instr. No. 2003-205747
�
'"PK"" Nail
L4 � S�e t
�`,�
` j v i ,��`.,
1 y�
4s`� ' ��f I�
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e;� .�`,�-.
�, i;' �Y6Y ��
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John Henry Bond, Jr �I
et. al. �
Instr. No.. 2004-30989 °��
,1 I
Proposed Variable
Width Slope Easemen
S87'S2'49"W •
S85'35'59"W 16 72. 63' l. R. S.
200.21' I, _ _ L3
--�-- I.R.S. I.R
2' P.F F.0 P
(c M.)
T)'=t : %?I �? � a ;; � ,� s :_ �i: ; s .F�� _: r _d°�-�: 1' L? ,'�%:.t r�; ,r; ;�-,r�
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Mayhill
Parcel
Road
M134
7.393 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
;I �;
1� ��
I �I
I� I �
�I I
1
IL
S
. .R
I�
I
Implied
Dedication
Existing
— Fence
� 15' Gas Easement
� Instr. No. 2008-80418
I Instr. No. 2011-11316
�
N
400 0 200 400
SCALE: 1" = 400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOT'ES:
• I.P.F. _ [ron Pipe Found
� • I.R.F. 1/2" [ron Rod 1=ound
'� • LR S. = 1/2" Iron Rod Set wiih
� yellow cap stamped "Arthur
I O 3 Surveying Company"
�y � • All improvements not shown hereon.
��� � • Easements recorded in Vol. 316, Pg. 8&
� "� Vol. 336, Pg. 182 do not affect this tract
I b
3 � to the best oY my know]edge.
— �, ;5�,�� � Blanket easements recorded in Vol. 354,
i� f'�1 � ���i �; ;t� Pg. 401 & Vol. 520, Pg. 495 include tl�is
� � � , ��,� ' tract.
� '� *k'�'��
��Y ��" LINE TABLE
I � � ���".
, L1 S87°52'49"W 82.76'
r �r;,� ,��� L2 S87°52'49"W 135.32'
� ' `i'' -:�r° L3 NDI °SO'21 "E 10.56'
I !.�3' ';�,'�
� j;°�` L4 N89°43'23"E 135.54'
txisting
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
CURVE TABLE
# Radius Len Delta Chord
Cl 2068.18' 64.31' 01 °46'S4" NO3°46'00"E 64.31'
C2 1932.50' 71.78' 02°07'41" S03°56'24"W 71.77'
"PK" Nail
Set
� i�
� ¢ ��¢
r'�� ,�. � ,,�,�?3 �' M,>
� W �� tl , b�'`a°" ... � Ld
��3iJf�La"+.`-> L AfiT�i!
µg;�._ � �b3�� � .} �
"4.�'�� ��e
SURVEYORSCERTIFICATION: � � �
The undersigned does hereby cerafy ta Title ��
Resources (G.F. No. ] 02630 & 102640) that this `�
survey was this day made on the ground of [he I
properly legally descri6ed hereon and is correct, and
W the best ofmy knowledge, [6ete aze no visible
discrepancies, conflicts, shorrages in area, boundary
line conflicts, encroachments, ovetlapping of
improvements, easements or rights of way t6a[ I
have beea advised of except as shown hereoa.
rthur Surveying Co., Inc.
Professioaall.and Surveyors
P.O.Boz 54 - Lerrisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Estatblished 1986
EXHIBIT "A" - to Ordinance (Property Interests)
�. .
� rthur Surveying Co., I nc.
�r°og'es�io.r�� �..a.z�� .Sur�r��-�r�
P.O. Bot 54 -�• L,ewisville, Te�as 75067
011ice;: (972) 221-9439 -� Fax: (972) 221-4675
EXHIBIT "A"
MUNICIPAL USE TRACT
4.508 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and bein� part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner
of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page
430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bo�1d tracts, a distance of 2311.63
feet to a 1/2 inch iron rod with yellow cap sta�nped "ASC" set for corner at the beginning of a curve to the right,
having a radius of 1932.50 feet;
THENCE over and across said Bond tract (2004-30989), with said curve to the right, through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77
feet, having an arc length of 71.78 feet to a"PK" Nail set for corner iu the north line of said Bond tract (2004-
30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument
Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south line of said Haeussler Properties tract, a distance of 81.24 feet to a"PK" Nail set for the northeast corner
of said Bond tract (2004-30989), same point being in the existing Mayhill Road;
THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of
2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within
existing Mayhill Road and Spencer Road.
.�:�� :�^� �'`����� \
��Q`• �`�.�`a�� �. �s.
A/ t'�, �� 4� ��
v.,........ � a
�` �l-9h1 lYI. �t���,f-�..� �
, - `� • rtt�' ��S���e�� �`'°�{
� � � . :',��rE
V��'
C1107131-19
Parcel M134
Municipal Use tract
EXHIBIT "A" - to Ordinance (Property Interests)
� 1�. :�. �. � �. �, l�, ��. ,��a��:�
�l�str��t I�V�a�al��� ��i �
(Variable Width ROW) �~
SPENCER ROAD �
2" I.P.F. �
(C.M.) ••PK" Nail
0----�--- -- --�---�— Set
N88 56'21 "W LL= _ _ _ — —Cl
155.59� S8 '43'23°W .R. .
1 76. 43'
� ��
New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) � II
Existing Implied Dedication 1.660 aa (72,289 sq. ft.) �
Gas Easement 0.806 ac. (35,117 sq. ft.)
4.508 Acres (196,3s5 sq. ft.) i �I
Municipal Use Tract ���9 �I
� ������ r
�� �� � ��� ��� � �� s
��'� `�°�� ,�'����� I �
� � � � �� � �I
� � �� �� ����� � � �� I
�� �,��D � � ~ �
`� �� I N I
\
Haeussler Properties
Instr. No. 2003-205747
2""PK" Nail
Set
I�
Proposed ROW
� Parcel M134
� Implied
�Dedication
Existing
�---- Fence
� 15' Gas Easement
�Instr. No. 2008-80418
Instr. No. 2011-11316
1
1
I
1
�;
� I 1
� � i ��� �3
� �,, ,, J M
John Henry Bond, Jr N � lo
et. al. I `"
o I� i r°�
Instr. No. 2004-30989 i ��I �
1
� ��•—
� ° I II_�
Ii
�
I
i I
I
S87'5 '49"W �
167 .63' ��
S85'35'S9"W
200.21'
— — — — — I.R.S
2" P. F. F. C. P.
(C.M.)
����a� III���-$� �a��°�re�� �+ 16���°��t IVaanra��a� �4�
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Municipal Use Tract
4.508 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
'I �'
�,
�� �g
IIII� 1
i
1� i
�
�3
O
�
�
-o
N
400 0 Z00 400
SCALE: 1" = 400'
Bearings shown hereon based mi the City of
Denton GIS Network.
NO'1 ES: I
• I.P.F. = Iron Pipe Pound �
• I.R.F. = 1/2" [ron Rod Found �
• LR.S. = 1/2" Iron Rod Set with �
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 316, Pg. 8&
Vol. 336, Pg. 182 do not affect this tract
3 to the best of my knowledge.
� d��� Blanket easements recorded in Vol. 354,
F'�1 ro �.ya$,�� Pg. 401 & Vol. 520, Pg. 495 include this
'= tract.
> �.� ���
� `" ����`�
LINE TABLE
� ���� �' L 1 S87°52'49"W 82.76'
�a�;���' L2 N89°43'23"E 81.24'
�
Existing
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
"PK" Nail
Set
Radius Len 1� Delta
1932.50' 71.78' 02° 7'41" NI
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SURVEYORS CERTIITCAITON: V �
The undersigned does Lere6y certify to Title w`
Resources (G.F. No. 102630 & 102640) that this � �.
survey was t6is day made on the ground of the ^,
property legally described Hereon and is correct, and 1iv
to the best of my knowledge, there are no visible
discrepancies, conflicts, shor[ages in area, boundary
line conflic[s, encroachments, overlapping of
improvements, easements or rights of way that I
have been advised of except as shown hereon.
rthur Surveying Co., Inc.
Professioaal Land Surveyors
P.O.Boz 54 — Lewisville, Tegas 75067
Office: (972) 221-9439 Faz: (972) 221-4675
Estatblished 1986
EXHIBIT "A" - to Ordinance (Property Interests)
%��
;� �� rthur Surveying Co., I nc.
.�'r�fessic�rs�.F �.��d �u�°s��3rox-s
P.O. Bol 54 - Le�visville. Tezas 7�067
OtYice: (972} 221-9439 �- F�x: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
SLOPE EASEMENT
0.804 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number I 515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, Wilina Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north ]ine of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGIN1�iING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and
the north line of said Haggard tract, a distance of 10.02 feet to a point for corner;
THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance
of 11.35 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet
to a point for corner;
THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004-30989), a distance
of 5.00 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance
of 1144.51 feet to a point for corner;
THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance
of 396.47 feet to a point for corner in the north line of said Bond tract (2004-30989) and the south line of a tract of
land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T.,
same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and
the south line of said Haeussler Properties tract, a distance of 33.34 feet to a"PK" Nail set for corner in Spencer
Road, same point being the beginning of a non-tangent curve to the left, having a radius of 2068.18 feet;
(continued)
C1107131-19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
J
���� rthur Surveying Ca., I nc.
�ro�"esszox��.Y �..ar�c� Sazs-Fr���r�
P.O. Bos 54 -- L,ewisville, Te�as 75067
011ice: (972) 221-9439 �— Fax: (9'72) 221-�1675
THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of O l
degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of
64.31 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THEIVCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South O1 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004-30989), a distance
of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land.
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C1107131-19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
" lA�. �. ]E'. ,� �', �. �, Co. �aar���v
�lb�tra��- 1°yaa��er ��7 I
(Variable Width ROW) �
2��M; SPENCER ROAD ' LS
o---+-- - - - - - - ,�— - - �
N88'S6'21 "W SS '43'23"W �L— _ � -
155.59' I
1 76.43' M �
I N I
N b '
O M'
Z ��
� 0.804 Acre
Slope Easement
(35,041 sq. ft.)
�
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,���� o�N
z��
John Henry Bond, Jr ��
et. al. N
Instr. No. 2004-30989 ��
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M,
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z.
S87'S2'49"W
1672.63' ]
S85'35'S9"W L3
200.21' _ — — L
2" . P. F. F. C. P. --
(C.M.)
���i� ����-l� ��aa°���� ���i�°a��t I���al���° ���
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIB IT "B "
Slope Easement
Mayhill Road Project
0.804 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
-- 2012 --
\
Haeussler Properties
-��—Instr. No. 2003-205747
' N�
� Proposed ROW
I ' Parcel M134
Existing
�� Fence
I I
I � 15' Gas Easement
Instr. No. 2008-80418
I � Instr. No. 2011-11316
� I
� I
� �
II ti�
II ��
I alI�
I� I �
��
400 0 200 400
SCALE: 1" = 400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• LP.F. = Iron Pipe Found
• LR.P. = 1/2" Iron Rod Found
• I.R.S. = U2" Iron Rod Set with
I � yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown l�ereou.
� 3 • Easements recorded in Vol. 316, Pg. 8&
� � � O Vo1. 336, Pg. 182 do not affect this tract
i � to the best of my knowledge.
-o �,�]��� Blanket easements recorded in Vol. 354,
� a3 ,,a4.�� Pg. 401 & VoL 520, Pg. 495 indude this
� � � �� �$ tract.
�� � ������
�'
� �� ��
� � ��'������
I ��
Existing
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004-30988
CURVE TABLE
# Radius Len Delta Chord
Cl 2068.18' 64.31' Ol°46'S4" S03°46'00"W 64.31'
,�� ��. �� �:�,,`
P. 0. C. ,��.. �,������ �.� �
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'•PK" Nail ,�� � �! �� � ;.
Set ° .��y •� � ���
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SURVEYORS CERTTFICATION:
T3e undersigued does hereby certify to Tide O�
Resources (G.F. No. 102630 & 102640) that ttus A.
survey was this day made on the ground of the • `��
property legally described Lereon and is correct, and n<
to che best of my knowledge, tliere aze ao visi6le 1/�
discrepancies, coaflictc, shortages in area, boundary
Iine conflicts, encroachments, overlapping of
improvements, easements or rights of way that I
l�ave been advised of except as shown hereon.
rthur Surveying Co., I nc.
Fi�oFessional La.aa surveyors
P.O.Boz 54 — Lewisville, Tegas 75067
Office: (972) 221-9439 Fag: (972) 221-4675
Estatblished 1986
Filed: 8/20/2014 2:54:52 PM
Cynthi� Mitchell
Denton County, County Clerk
By: Monic� Gormez-Lop�z, Deputy
CAUSE N4. PR-2014-00492
CITY OF DENTON, TEXAS, § EMINENT DOMAIN PROCEEDINGS
Condernnor, §
VS.
§ IN THE PROBATE COURT OF
§
RTS & M, LLC, § DENTON COUNTY TEXAS
Condemnee. § �
NOTICE OF DECISION OF SFECIAL COMI��SSIONERS
CITY OF DENTON, TEXAS, does hereby give notice that the sum of
$ ��, �(�p��was the amount awarded by the Special Commissioners herein. Further,
to assist the Clerk of the Court in complying with Property Code § 21.049 entitled "Notice of
Decision of Special Commissioners," Condemnor hereby informs the Clerk that said decision has
been filed with the Court pursuant to Property Code § 21.048 and the Clerk is informed that the
addresses of the parties or their attorney(s) of record in this proceeding are as follows so that notice
of the decision can be sent by certified or registered U.S. Mail, return receipt requested:
Landowner(s):
RTS&M by cotmse�:
Edward Vassallo
Charles A. Salazar
Vassallo & Salazar, P.C.
Regency Plaza
3710 Rawlins Street, Suite 1200
Dallas, Texas 75219
Counsel for Condemnar:
Scott T. Doggett
Preston Dobbs
Burford & Ryburn, L.L.P.
500 North Akard, Suite 3100
Dallas, Texas 75201
NOTICE OF DECISION QF SPECIAL COMMISSIONERS
1181994.1 081-0038
Lienholder(s):
First State Bank, A Texas Bank
Attn: Marty Rivers, EVP & CLO
P.O. Box 2147
Denton, Texas 76202
Texas Capital Bank, N.A. by counsel:
Kevin J. Allen
Nathan Allen, Jr.
Jones Allen & Fuquay, LLP
8828 Greenville Avenue
Dallas, Texas 75243
PAGE1
Respectfully submitted,
BURF�RD & RYBURN, L.L.P.
By: �
SCOTT T. DOGGETT
State Bar No. OS945675
P�sTON DoBBs
State Bar No. 05921300
500 N. Akard Street, Ste. 3100
Dallas, Texas 75201-6697
Telephane: (214) 740-3138
Facsimile: (214) 740-2817
sdo��ett(a�brlc�vv. cnrn
pdohlis(a�brlcrw. con�
ATTORNEYS FOR CONDEMNOR
CITY OF DENTON, TEXAS
NOTICE OF DECISIOt� Or SPECIAL COMMISSIONERS PAGE 2
1 I 81994.1 081-0038