2015-095ORDINANCE 2015-095
AN ORDINANCE OF TI-�E CITY OF DENTON, TEXAS DETERMINIIVG T�IE PiJBLIC
USE, NEED, AND NECESSITY FOR THE ACQUISITION OF FEE TITLE TO
PROPERTIES DESCRIBED IN THE ATTACHED EXHIBIT "A" AND LOCATED IN
AND AROUND THE TOWNSHIP II AREA GENERALLY SOUTH AND WEST OF
COLORADO BLVD., SOUTH OF FOXHOLLOW, NORTH AND EAST OF ANGELINA
BEND DR. AND WEST OF VALLEY CREEK RD., FOR PARK LAND; AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE
DESIGNEES, TO ACQUIRE THE PROPERTY INCLUDING MAKING INITIAL AND
FINAL OFFERS; AUTHORIZING THE USE OF THE POWER OF EMINENT
DOMAIN TO CONIAEMN THE PROPERTIES; AND AUTHORIZING THE CITY
ATTORNEY, OR HER DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS, IF
NECESSARY, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, (the "City Council") upon
consideration of this matter, has determined that there is a public need and necessity for the
health, safety, and welfare of the City of Denton, and the public at large, to acquire fee title to the
properties described in the attached Exhibit "A" (which is incorporated herein for all purposes
and is collectively referred to as the "Property"), which are located in the Township II area
generally south and west of Colorado Blvd., south of Foxhollow, north and east of Angelina
Bend Dr. and west of Valley Creek Rd., within the City of Denton, Denton County, Texas for the
purpose of, among other things, delivering park uses and opportunities for recreation for the
Township II area including improved accessibility and neighborhood walkability ("Township II
Park Property Acquisition Project"); and
WHEREAS, the City Council has further investigated and determined that there is a
public need and necessity for the health, safety, and welfare of the City of Denton, and the public
at large, to acquire fee title to the Property more particularly described in Exhibit "A" for such
purposes as set forth above.
WHEREAS, the City is required to make an initial offer as deiined by and in compliance
with Texas Property Code §21.0111 ("Initial Offer") and a bona fide offer, as defined by and in
compliance with Texas Property Code §21.0113 ("Final Offer") to acquire the Property for
public use, voluntarily, from the subject landowners prior to moving forward with the acquisition
by eminent domain; and
WHEREAS, the City Council now deems it necessary to authorize the City Attorney to
initiate condemnation proceedings in order to acquire the Property; NOW, THEREFORE,
THE COUNCIL OF T�IE CITY OF DENTON ORDAINS:
Section I. The City Council finds and determines that the recitals made in the preamble
of this Ordinance are true and correct, and incorporates such recitals into the body of this
ordinance as if copied in their entirety.
Section II. The City Council finds and authorizes acquisition of the Property, as more
particularly described in Exhibit "A", for the public use and necessity as set forth above and for
such purposes, as allowed by law, together with all necessary appurtenances, additions and
improvements on, over, under, and through those certain lots, tracts or parcels of lands.
Section III. The City Council authorizes the City Attorney, or her designee, to negotiate
for and to acquire the required property rights for the City, and to acquire said rights in
compliance with State and any other applicable law. Moreover, the City Attorney, or designee, is
specifically authorized and directed to do each and every act necessary to acquire the needed
property rights including, but not limited to, the authority to negotiate, give notices, make written
offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property
interests to be acquired, as well as any other experts or consultants that she deems necessary for
the acquisition process and, if necessary, to institute proceedings in eminent domain.
Section IV. The City Manager, or designee, is appointed as negotiator for the acquisition
of the needed property interests and, as such, the City Manager, or designee, is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the City Council for such purpose. Further,
the City Manager, or designee, is specifically authorized to establish the just compensation for
the acquisition of the Property. Additionally, if the City Manager, or designee, determines that an
agreement as to damages or compensation cannot be reached, then the City Attorney, or
designee, is hereby authorized and directed to file or cause to be filed, against the owner(s) and
interested parties of the needed property interests, proceedings in eminent domain to acquire the
above-stated Property.
Section V. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED �this the "���°°� __
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: � � �:..�'� �...��a � �
APPRO� ��� :�:f� AS "."�::� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT "A"
Parcel 1
BEING LOT 57, BLOCK A, of THE OAKS OF TOWNSHIP II, to the City of Denton, Denton
County, Texas, according to the Plat thereof recorded in Cabinet E, Page 13, Plat Records of
Denton County, Texas. Together with Certificate of Correction filed Apri124, 1985, recorded in
Volume 1619, Page 587, and filed August 19, 1974, recorded in Volume 1652, Page 130, Real
Property Records of Denton County, Texas and being further described as follows:
Beginning for the most southerly northwest corner of this tract at an iron pin found in the east
right-of-way of Angelina Bend Drive, the southwest corner of Lot 21, Block E of Township II,
Phase I, recorded in Volume 9, Page 38, Plat Records, Denton County, Texas;
Thence South 87 degrees 52 minutes 18 seconds East with south line of said Lot 21 a distance of
30.59 feet to an iron pin, found, for an inner ell corner of this tract;
Thence North 02 degrees 09 minutes 15 seconds East with the east line of said Township II
Phase I, a distance of 641.19 feet to an iron pin, found, the northeast corner of Lot 14, and the
Southeast corner of Lot 13, said Township II Phase I for an angle point of this tract;
Thence North 09 degrees O1 minutes 10 seconds West with the east line of said Lot 13, a
distance of 164.35 feet to an iron pin, found, the northeast corner of said Lot 13, same being the
most southerly southeast corner of Lot 44, Block A of the Woodlands of Township II, an
addition to the City of Denton as shown by plat recorded in Cabinet E, Slide 16, Plat Records of
Denton County, Texas;
Thence North 26 degrees 28 minutes 44 seconds East with the common line between said Lot 57
and said Lot 44 a distance of 139.20 feet to an iron pin for an angle corner of this tract;
Thence North 08 degrees 59 minutes 15 seconds East a distance of 100.86 feet to an iron pin for
an angle corner of this tract;
Thence North 00 degrees 47 minutes 21 seconds West a distance of 326.87 feet to an iron pin in
the south right-of-way of Colorado Boulevard for the Northwest corner of the herein described
tract;
Thence Southeasterly with said right-of-way and a curve to the left having a radius of 592.49 feet
(Chord bearing South 55 degrees 18 minutes 37 seconds East 151.95 feet) a distance of 152.37
feet to the end of said curve;
Thence South 62 degrees 40 minutes 39 seconds East with the south right-of-way line of
Colorado Boulevard a distance of 339.48 feet to an iron pin at the southwest corner of the
intersection of Colorado Boulevard and Valley Creek Road;
Thence with the west line of said Valley Creek Road, South 27 degrees 19 minutes 21 seconds
West a distance of 80.00 feet to the northeast corner of Lot 1, Block A of said Oaks;
Thence with the following (5) calls:
North 62 degrees 40 minutes 39 seconds West 120.00 feet to the northwest corner of Lot
1;
South 27 degrees 19 minutes 21 seconds West 251.19 feet;
South 15 degrees 00 minutes 49 seconds West 388.66 feet;
South 32 degrees 11 minutes 20 seconds East 36.80 feet; �
EXHIBIT "A"
South 74 degrees 59 minutes 11 seconds East 103.00 feet to the southeast corner of Lot 8
Block A, in the west line of Valley Creek Road;
Thence South 15 degrees 00 minutes 49 seconds West with the west line of Valley Creek Road a
distance of 50.00 feet to the northeast corner of Lot 9, Block A;
Thence with the following (5) calls;
North 74 degrees 59 minutes 11 seconds West 105.00 feet to the northwest corner of Lot
9;
South 32 degrees 50 minutes 21 seconds West 81.67 feet;
South 15 degrees 00 minutes 49 seconds West 71.92 feet;
South OS degrees 46 minutes 36 seconds West 342.69 feet;
South 02 degrees 23 minutes 04 seconds East 236.74 feet to an iron pin in the north right-
of-way of San Gabriel Drive for an inner ell corner of this tract and the beginning of a
curve to the right having a radius of 796.95 feet (chord bearing North 87 degrees O1
minutes 29 seconds West, 118.88 feet);
Thence northwesterly with said right-of-way and said curve a distance of 118.89 feet to an iron
pin, for the end of said curve;
Thence northwesterly with said right-of-way and a curve having a radius of 1076.82 feet (Chord
bearing North 79 degrees 14 minutes 50 seconds West 133.22 feet) a distance of 133.31 feet to
an iron pin found in the east right-of-way of said Angelina Bend Drive, for the most westerly
southwest corner of this tract;
Thence North 17 degrees 37 minutes 33 seconds East with said east right-of-way a distance of
89.69 feet to an iron pin for the beginning of a curve to the left having a radius of 820.49 feet
(Chord bearing North 10 degrees 46 minutes 42 seconds East, 190.98 feet);
Thence northeasterly with said right-of-way and said curve a distance of 191.39 feet to Point of
Beginning and containing 6.458 acres of land.
EXHIBIT "A"
Parcel2
All that certain tract or parcel of land situated in the R.H. HOPKINS, Survey, Abstract No. 1694,
City and County of Denton, Texas, and being part of Township II, Phase 2 and recorded in
Volume 11, Page 14, Plat Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at the southwest corner of Lot 56, Block A, of the OAKS OF TOWNSHIP II,
as recorded in Cabinet E, Page 13, Plat Records;
THENCE north O1 ° 34' OS" west with the west line of said Lot 56 a distance of 130.0 feet to a
corner at the POINT OF BEGINNING;
THENCE northwesterly with a curve to the right which has a central angle of 08° 32' OS" a
radius of 856.95 feet to an arc distance of 127.65 feet to a corner at a point of curve on curve;
THENCE northwesterly with a curve to the right which has a central angle of 07° 37' 02" a
radius of 1086.82 feet and an arc distance of 144.487 feet to a corner;
THENCE north 17° 37' S3" east a distance of 60.09 feet to a corner;
THENCE southeasterly with a curve to left which has a central angle of 07° 26' 20" a radius of
1026.82 feet and an arc distance of 133.315 feet to a point of curve on curve;
THENCE southeasterly with a curve to the left which has a central angle of 08° 33' 17" a radius
of 796.95 feet and an arc distance of 118.99 feet to a corner on the west line of said Lot 56;
THENCE south O 1° 18' 07" west with the west line of said Lot 56 a distance of 60.0 feet to the
Point of Beginning and containing in a110.361 acres of land
EXHIBIT "A"
Parcel3
All that certain tract or parcel of land in the Mary Austin Survey, Abstract No. 4, and the R. H.
Hopkins Survey, Abstract No. 1694, Denton County, Texas, being all of Lot 44, Block A of the
Woodlands of Township II, an addition to the City of Denton, as shown by plat recorded in
Cabinet E, Slide 16, Plat Records, Denton County, Texas and being further described as follows:
Commencing at a found iron pin the the north right-of-way line of Piping Rock Lane, the
southeast corner of Lot 15, Block E, Hopkins Hills Addition, replat, recorded in Cabinet A, Page
113, Plat Records, Denton County, Texas;
Thence South 88 degrees 48 minutes 33 seconds East with the north right-of-way line of Piping
Rock Lane a distance of 215.19 feet to a found iron pin at the northeast corner of the intersection
of Piping Rock Lane and San Gabriel Drive;
Thence South O1 degrees 32 minutes 04 seconds West with the east right-of-way line of San
Gabriel Drive a distance of 50.0 feet to a found iron pin at the northwest corner of Lot l, Block
E, Township II Phase I as shown by plat recorded in Volume 9, Page 38, Plat Records, Denton
County, Texas; same point being the Point of Beginning of the herein described tract;
Thence North O1 degrees 32 minutes 04 East with the west line of said Lot 44, a distance of
166.52 feet to a found iron pin for the northwest corner of said Lot 44;
Thence South 88 degrees 29 minutes 18 seconds East with a north line of said Lot 44, a distance
of 509.58 feet to the southwest corner of Lot 39, Block A of said Woodlands;
Thence North 84 degrees 41 minutes 03 seconds East with a north line of said Lot 44 and the
south line of said Lot 39 a distance of 80.57 feet to a found iron pin for the southeast corner of
said Lot 39;
Thence South 88 degrees 50 minutes 26 seconds East with a north line of said Lot 44 a distance
of 552.80 feet to a found iron pin for the northeast corner of said Lot 44, same being the
southeast corner of Lot 43, Block A of said Woodlands, same also being a common corner with
Lot 57, Block A, the Oaks of Township II, as shown by plat recorded in Cabinet E, Slide 13, Plat
Records, Denton County, Texas;
Thence South 26 degrees 28 minutes 44 seconds West with the common line between said Lot
44 and Said Lot 57 a distance of 139.20 feet to a found iron pin for the most easterly southeast
corner of said lot 44;
Thence with the south line of Lot 44 and the north line of said Township II Phase I the following
(6) calls;
North 71 degrees 26 minutes 44 seconds West 67.90 feet to a found iron pin;
North 83 degrees 33 minutes 43 seconds West 234.26 feet to a found iron pin;
South 77 degrees 26 minutes 55 seconds West 239.99 feet to a found iron pin;
South 80 degrees 30 minutes 12 seconds West 74.82 feet to a found iron pin;
South 84 degrees 18 minutes 19 seconds West 145.88 feet to a found iron pin;
North 88 degrees 54 minutes 13 seconds West 334.40 feet to the Point of Beginning and
containing 3.384 acres of land.
SITE MAP
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