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19-2809ORDINANCE NO. ig-2$O9 AN ORDINANCE OF TAE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF VARIOUS (I) FEE SIMPLE TRACTS, (II) PERMANENT EASEMENTS, AND (III) TEMPORARY CONSTRUCTION EASEMENTS, GENERALLY LOCATED ALONG MAYHILL ROAD, SOUTH OF SP�NCER ROAD AND NORTH OF INTERSTATE HIGHWAY 35E, SITUATED IN THE DAVID HOUGH SURVEY - ABSTRACT 646, THE D. LOMBARD ADDITION, AND THE D. LOMBARD SURVEY — ABSTRACT 784, ALL IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT °°A" (COLLECTIVELY, THE "PROPERTY INTERESTS"); AUTHORIZING THE CITY 1VIANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT IF POSSIBLE INCLUDING MAHING INITIAL AND FINAL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AN AGREEMENT CANNOT BE REACHED; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAHING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton ("City Council") after consideration of this matter, has determined that a public use and necessity exists for, and that 1he public welfare and convenience requires, the acquisition of the Property Interests by the City of Denton ("City"). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide for the expansion and improvement of Mayhill Road, a municipal street and roadway located in the City of Denton, and for flood control and storm water improvements necessitated thereby, all for the public safety and welfare (collectively, the "ProjecY'), to serve the public and the citizens of the City; and WHEREAS, the City previously determined the public necessity and use for an adjoining 18.969 acre tract for this Project, through Ordinance 2017-372; and WHEREAS, the City Council hereby further confirms that the Project, expressed both herein and in Ordinance 2017-372 was intended to and does include regional flood control and the storm water improvements necessitated by such flood control; and WHEREAS, the acquisition of the Property Interests identified in Exhibit "A" is necessary in furtherance of the same Project; and WHEREAS, the City is required to make an initial offer as defined 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 Interests for public use, voluntazily, from the subject landowners before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, an independent professional appraisal report of the Property Interests will be submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager or his designee will establish a certain amount determined to be just compensation for the Property Interests based on the appraisal and fair market value of the Property Interests and any applicable fees necessary to acquire the Property Interests; and WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the Property Interests if an agreement cannot be reached with the subject landowners for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The City Council finds that the recitals made in the preamble of this Ordinance aze true and correct, and incorporates such recitals into the body of this ordinance as if copied in their entirety. SECTION 2. The City Council authorizes acquisition of the Property Interests, covering the land more particularly described in the attached Exhibit "A," for the reasons and purposes set forth above together with all necessary appurtenances, additions, and improvements on, over, under, and through the Property Interests. S�CTION 3. The City Council authorizes the City Attorney, or his designee, to negotiate for and to acquire the required property rights in the Property Interests for the City, and to acquire these rights in compliance with State and any other applicable law. The City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights in the Property Interests including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts and conveyance documents, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that he deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the proceedings in eminent domain in accordance with the laws and procedures of the State. SECTION 4. The City Manager, or his 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 specified or authorized by this Ordinance, subject to the availability of funds appropriated by the City Council for such purpose. The City Manager, or designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests. If an agreement as to damages or compensation cannot be reached, then the City Attorney, or designee, is authorized and directed to file.or cause to be filed, against the subject landowners and interested parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests. SECTION 5. It is the intent of the City Council that this Ordinance authorize the City Manager and City Attorney, or their designees, to perform all steps necessary to obtain the Property Interests necessary for the Project, whether through negotiation or condemnation, including the cxpcnditwe of flinds. 'I�he Project is gencrally located along Mayhill Rua�i. south ofSpencer Road and north of Interstate I ligh��a�� 3�F, bcing situated in the David liough Sur��ey -��bstract 646, the D. Lombard Addition to the Cit��. and lhe D. Lombard Sw�ve�� — Abstract 78=}, all in the Citv and Count�� of Dcnron. 'I�c�as. SP;CTION G. I� it is determinrd th�u there are scri��cncr errors in thc dcscriptions contained herein or if later s�u�vcys contain more accurate revised descriptions, the Citv Attorney� or his designce is authorized to h�ve such errors corrected or revisions made wilhout the necessity of obtaining a new� City Council Ordinance authorizine condemnation of the corrected or revised property. SGGTION 7. In Uu crent that Special Commissioners. appointed by the Court durin� cond�mnation proceedings, retiu�n an a�vard thxt is d�e same amouiit or less tl�an lhe amount offered b�� the City (orjust compcnsatiun, the City Auorney� is hereby authorized to settle the la�a�suit for that amount. SfCT10N 8. Followinu an award by Special Commissioners, the City Finance Director is hcreh}� authurized to issue a check from thc appropriate lund in an amount not to etceed the Sprcial Commissioners' a��ard pacable to thc Cuunt�� Clerk of' Duituu Couut} to be dep��sitcd in the regisu•y �>� the Court to enal le tlie C'it�� to takc �iosscssion of the suhject propertc w�ithout lin-ther action of the Citv Co�mcil. SP:CTION 9. If an}° section. articic. paragraph. sentence. phrase. clause, or word in this ordinance, or �pplication thercol to any persons or circumstances, is held invalid or tu�constit�itional b�� a co�irt of competent jurisdiction, such holding shall not aftect the calidity� of the remaining portions of this ordinance; thc Cih� Council dcclares that it would have ordained such remaining portion despite such invulidity, and such remainine portion shall remain in full fiircc and cl�cct. SF.CTION 10. This Ordinance shall Lecome ciicetive immediately upon its passage. �I�he motion to approvc this ordin��mce was made by (�F,i;r�� G:l�.,i'� / N and seconded b�� J o/iN /� yf1 �/ , thc ordinance was passed and tippro��ed by the Ibllu��ing ��ote �-�: �4avor Chris V�'atts: Gerard I ludspeth, District 1: Kcely G. 13riggs. District 2: .Iesse I)avis. District 3: .Iohn Rvan. District 4: Deb Armintor. �1t l,argc Place >: Paul Mchzcr, i1t L•ar�c Placc 6: Ayc Nay ✓ ✓ ✓ ✓ ✓ ✓ ✓ Abstain Absent , P,�SS�(D AtiI� AYPROVI{I� this th� %��C �lac �,f ��;�'�"�.�./7�� ,?019. /I ' ciirzis wnY s. n��nvc�iz :� r� r-.s r: ROSA RIOS, CITY SECRC-TARI' �� 13Y': �.�/Y1 . �� APPROVI�D AS TO LI�GAL FORM: NZRON LEnL. CI"�Y ATTORNL-Y BY: /µ'�• � Exhibit "A" - attachment to ordinance 1 of 15 "Property Interests" Flood Control and Mayhill Road Project Project limits being the 2000 Block of South Mayhill Road, south to the intersection of South Mayhill Road & Colorado Boulevard Affected Property Ownership Roster / Fee and Easement Acquisitions Address Land Owner DCAD Project Property Interests Parcel Parcel # to be acquired Number s 2100 South Mayhill Rd. Kevin Nelms, Richazd Greb, and 711841, Pl-ROW-1 Fee simple Nancy Greb 711842, Pl-DE-1 Drainage easement 37813 2501 Stockbridge Rd. AT Owner 18, LP" 526962 P2-ROW-1 Fee simple 2600 South Mayhill Rd. Robert P. Donnelly 37832, P3-ROW-1 Fee simple, as per 3900 Quailcreek Rd. 197134 Ordinance 2017-372 2700 South Mayhill Rd. Mazu Chen Investments, LLC.*'� z86475 P4-ROW-1 Fee simple D. Lombazd Addirion - Ray Hallford, Trustee*** 168896, PS-ROW-1 Fee simple B1ock A, Lot 1R, and 470807 PS-TCE-1 Temporary Construction Easement Block B, Lot 1 * AT Owner 18, LP, a Texas limited partnership, General Partner of which being: OTMAT Owner 18, LLC, of which its Sole member being: On Track Ministries, Inc, a Texas non-profit corporation, of which its President being: Cliff McDaniel (Houston, Texas). '� * Maru Chen Investments, LLC., a Texas limited liability company, of which its Managing Members are: Willie Chen, San Yeh Chen, and Shou Lin Shie (all Arlington, Texas). '� *� Ray Hallford; Trustee, Ray Hallford (Austin, Texas). 2of15 ��ARTHUR ;� LAND SURVEYING EXHIBIT "A" 2.960 Acres Parcel P1-ROW-1 Da� id Hough Survey, Abstract No. 646 City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land sima[ed in the David Hough Survey, Abs[ract Num6er 646, Ciry of Denton, Denton County, Texas, and being part of that certain trace of land described by deed to Kevin Nelms, Richard Greb and wife, Nancy Grcb, recorded under Instrument :Vumber 2017-81759, Official Public Records, Denton Counry, Texas (O.P.R.D.C.T.), and being a part of that certain trac[ of land described by deed to Kevin Nelms, recorded in Volume 3432, Page 91 I, I)eeA Records, �enton Count}�, Texas (D.R.D.CTJ. and being a pan of �ha� certain tract of land described by deed to Richard A. Greb and Nancy A. Greb, recorded under Instrumen[ Number 2006-100770, O.P.R.D.C.T., and being more particularly described as follows: COMME�'CI�G at a 5/R inch irnn rod H•ith cap stampeA "Cotton Surveying" found for corner being the nonheast corner of Lot I R, E31ock F of Providence Place I I, an addition to the City of Denton. Uenton Counry, Texas. according to the plat thereof recorded in Cabinet X, Page 9D5, Plat Recurds of Denwn County. Texas (P.R.0.CT.). same point being in the south line of a tract of land described b�� deed to the City of Denton. recorded under Instrument number 2014-2fi43fi, O.P.R.D.C.T.; THGNCE South 88 degrees 01 minutes 21 seconds West, with the north linc uf said Providence Place II addi�ion, a distance of 437.09 feet to a 1/2 inch iron rod with yellow cap stamped "ARTHUR SURI'E}77�'G COMPAA'S"' (ASC) set fnr the POINT OF BEGINNING of the herein dcscribed tract: THGNCE South 88 degrees 01 minutes 21 seconds West, continuing on wilh �he north line of said Providence Place ll addition, a distance of 208.83 feet to a I/2 inch iron rod a-i[h }•ellow cap stamped "ASC" set for corner bein� in the nonh line of a tract of land described by deed to the City of Denton, recorded under Instrument Number 20I5- 34890, O.P.R.D.C.'i., same being Ihz beginning of a non-tangent curve to Ihe right, having a radius of I1180.00 feet; THENCE over and across said Nelms and Gmb tracts (Vol. ?4.2. Pg. 911, Instr. No. ?006-I00770 and Instr. No. 2017-51759), with said curve to the right, through a cen[ral angle of 07 degrees 09 minutes 22 seconds, whose chord bears North 37 degrees 54 minu[es 10 seconds East a� 134.80 feet, an arc length of 134.R9 teet to a I2 inch iron rod with yellow cap s[amped "ASC" se( for cumer; THENCE Nonh 4l degrees 28 minu[es 51 seconds East, a distance of 328.55 feet to a U2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 920.00 feet; THENCE with said curve to [he left, through a central angle of 38 degrees 36 minutes 17 seconds, whose chord bears North 22 degrees 10 minutes 42 seconds East at 60822 feet, an arc length of619.88 feet to a I/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 02 degrees 52 minutes 33 scconds Eas[. a distance of 12.14 feet ro a I'2 inch iron rod with }�ellow cap stamped "ASC" set for the beginning of a non-[angent curve ro the left, having a radius of 800.00 feet; THENCE with said curre �u the left, through a cenn�al angle of 18 degrees OS mumtes 33 seconds, whose chord bears South 06 degrecs 11 minutcs 45 seconds East at 252.26 feet, an arc length of253.32 fcet ro a I/2 inch iron rod with yellow cap stamped "ASC" set for comer, THENCE Suuth IS degrees 16 minures 02 seconds F•.ast, a distance of41 I.47 fee[ ro a 12 inch iron rod with yellow cap stampcd "ASC" set for corner; taim inimn) Meyhill RoaJ Pr��cct A0J4111Y1 I I1J8 3of15 �� ARTHUR � LAND SURVEYING THENCE So�.�th 0? degrees 12 minutes 08 seconds West, a dietance oC33.09 feet to a I/2 inch iron rod with yellow cap s[amped "ASC' set for the beginning of a non-tangent curve to the left, having a radius of 350.00 feer. THENCE k�i[h said curve to the left, through a cenVal angle of 30 degrees 03 minutes 00 sewnds, whose chord bears North 43 degrees 52 minutes 26 seconds West a[ 131.47 feet, an arc leng[h of 183.57 feet ro a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner: THENCE South 75 degTees 58 minutes 48 seconds West, a distance of 23.98 feet to a I/2 inch iron rod with yellow cap stamped "ASC' set for the beginning of a non-tangent curve to the right, having a radius of 1080.00 feet THENCE witli said curve to [he righ[, through a central angle of 08 degrees 22 minutes 17 seconds, whose chord bears South 3' de�rees 17 minutes 39 seconds West at 157.80 feet, an arc length of I�7A4 to a V2 inch iron rod with yellow cap stamped "ASC' set for corner; THENCE South 41 degrees 28 minures 51 seconds West, a distance of 219.45 feet to the POINT OF BEGINNING and containing 2960 acres of land. Mavhill Road Prqiea A09301911103 no�es, • I.R.F.C. = 5/S" Iron Rod Found wi�h cap stamped "Cotton Surveyin�'. • I.R.S. = I/2" Iron Rod Set ��ith qellow cap s[amped "Arthur Surveying Company". • This Fixhibit was prepared without the benefit of a curtent tide seazch, thereforc nu search of recorded easements was performed an subject property. • All improvements not shown hereon. Davi�1 Kp°�h � Ah0 C .: m' J6.]29 A�m � yp/ 2¢ �o Kevin Nalms et. a1 � �q =o' Volume 3432, Pege BIf j y S. (�m.mae.� 4 y� � S Richerd A Greb k Nency A Greb �/� ��KS� inetr. No. 2008-100770/ ;Q �..m.ice.r> � 5 / Q �4 �5 ,'� � ,�A� nti� I R S� / / IRS f i �� I.NJ-C $xH°01'21"W I C M 1 I I a5.62' I R S /� 1. R LCity of Denton Instr. No. 2016-3Ab80 � Robert P. Domelly Volutne 3384, Pe e BOS (remelnder� 4qp,5 ry1 \ � I /'� �, 6 er � �ttBC I.RS \ � i \ % � �� 2.960`t�l'Ce Cn� � A Parcct , � o, (128.930 �y. �t.)-� � o � N '� M.� \ �as � POIAf Oi� /CS C4 � i..vi n�,.. %e�ln Nelm��<l sl Yaluma 9{32. Pege B11 f�adRt e wem�d w eRe s NeeeJ A GmA W4. No. 2008-]O%90 (�.m..) Ii S $ i p � � N �C �z �]3 za� � ioo zoo h�� 1--1 � SCALG'. I"= 200' �j Bearin@s shonn herean based on Ihe City of � Demon GIS Nmrork. � Cos Easament No. 1008-.H815 City of Denton astem Remainder TrecY Inetr. No. 2014-26138 (remelnaer) 436 City o( Dentw -Yunicipel Uee Trect (/1 laatr. No. 2014-28438 City of Denton Wtr. No. 2014-26435 (xmelnder) Clty ot De¢ton "Munitipel Uae 7Y'ect g2" Instr. No. 2014-2643fi �2�'� ((' NI 1 Point of r c Cammencment M ] r—� —Inl IR Black F ProW.dence Plece II Cabinet X Page 805 Domelly Addition Ceb/net 0. Page 77 EXHIBIT "B" Mayhill Road Project Phase 2 2.960 Acre Parcel Pl —ROW-1 David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas — 2019 — �-�.e�o��e,nn:necse e ir� n._-.�...,,riu. �� ARTHUR ,� LAND SURVEYING 3?0 E6n St . a�p0- I.e�visville. TX'i0�7 pn.9nzzi.9aae-t�rarvr. i0003soo anhnrsun'eyingsom f:swblished 1986 5of15 �� ARTH U R ,- LAND SURVEYING EXHIBIT "A" DRAINAGE EASEMENT Pl-DE-1 0.029 Acrr David Hough Survey, Abstract No. 646 City of Denton, Denton County, Texas 6EING all that certain lui, iract ur pxrcel of land situated in the David Hough Survey. Abstract Number 646. Ciry of Denron, Denton County, Texas, and beine part of that certain tract of land described by deed [o Kevin Nehns. Richard Greb and wife, Nancy Greb, recorded under Instrument Number 2017-81759, Official Public Records, Denton County, Texas, and being more pariicularly descrihed as follows: COMMENCIIYC at a 5/8 inch iron rod with cap sfamped "Cotton Surveying" found for comer being il�e northeast corner of Lot 1 R. Block F of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat [hereof recorded in Cabinet X, Page 905, Plat Records of Denton Counry, Texas (P.R_D.C.TJ, same point being in the south line of a trac[ of land described by deed to the Cin of Denton. recorded under Instrumcnt number 2014-26436, O.P.R.D.C.T.; TH ENCE South 88 degrees 01 minutes 21 seconAs W'est, with the north line of said Providence Place ll addition, a distance of 645.92 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Companv' se[ for comer bcing in the south line of said Nelms and Greb tract and the north line of a tract of land described by deed �o the Ciry of Denton, recorded under Instrument Number 2015-34R9(l, O.P.R.D.C.T., same point being the beginning of a non- tangent curve to [he right, having a radius of I080.00 feet THENCC o��er and across said Nelms and Greb hact and with said curve [o the right, through a central angle of 06 degrees 47 minutes 50 seconds, whose chord bears North 37 degrees 43 minutes 24 szconds East at 128.05 fcet. an arc length of I28.12 feet to the POINT OF BEGINNINC; THENCE North 48 degrees 31 minutes 09 seconds West, over and across said Nelms and Greb hact, a distance of 25.00 feet to a point for comer being the beginning of a non-tangent curve to ihe right, having a radius of I I OS.DO Feet; THENCE over and across said Nehns and Greb tract and with said curve to Ihe right [hrough a central angle of 00 degrees 21 minutes 03 seconds, whose chord bears Vorth 41 degrces 18 minutes 19 seconds Gast at 6.77 feet, an arc length of 6.77 feet to a point tbr corner; THENCE North 41 degrees 28 minutes 51 secunds East, over and across said Nelms and Greb tract, a distance of 4324 feet to a point for comer, THEIVCE South 48 deerees 3I minutes 09 seconds Eas[, over and across said Nelms and Greb [ract, a dis[ance of 25.00 feet to a point for comer, THENCE South 41 degees 28 minutes S I seconds West, over and across said Nelms and Greg tract, a distance of 4314 feet to the beginning of a curve to the left, having a radius of 1080.00 feet; THENCE over and across said Nelms and Greb tract and with said curve to [he left, throu� degrees 21 minutes 32 seconds, u�hose chord bears South 11 degrees 18 minutes OS second�, length of6.77 feet to the POIIVT OF BECINNING and containine 0.0?9 acrc of land. Mayhill Rond Proieci A093019I I 103-0rainacc Er�scmcnt Notes: • I.N.EC. =5/8" Iron Kod hound with cap stamped "Cotton Survc}'in�'. � I.R.S. = I/2" Iron Rod Set �sith r'ellu�c cap stamped "Arthur Surveyin� Company" • This Hxhibit was preparcd �vithoul lhe benefit of a curtent [itle search, therefore no search o(recorded easements wac perfortned on subject property. • All improvements not shown hereon. / � ',` � Kehn Nelms et. eL Inalr. No. 2017-81758 �mber �" � �/bsnac[ / pavid HouS�' Sur�'eY� � LZ L3 0.029 Acre � Drainage Easement C2 � ( I.?50 sq. ft.) / I-� n� / p ' N � ]00 0 50 !00 SCALE: 1"= I00' Besrings shown hereon ba5ed o¢ (he City of Denton GIS Nehvoxk. � \ � � a'c ICevin Nelms et e1 � Volvme 3432, Page el1 a �.��me��> 3 � City of Denton � � � m "uunlclpel use 'hect H2' � Inetr. No. 2014-28438 1 � I � 1 � 15' Cos Eoewnw�t G.� / Inetr. No. 1006-J1815 / Poinf of Beginaing ssa°arzr�H�_ _ — — I.R.EC � — 6tiA. (CM.I— — — _ _ _ _ _ % — — — Iq[ Ift, Block F Sgg=p��Z��y IBS. / providence Plece ❑ i ias ez J Cebinet $ PaH< 905 Donnelly Addltlon Clty o[ Denton _ Cebinet 0_Pnge 77 __ Iaetr. No. 2015-34880 � — Rnbert P. Donnelly 50' Pub11e UtettY. Dmhage, Volume 338M1, Pe$e B05 £mergency an0 MuNal Aecesa (remeiuder) � 1 Easament GC.�3�99BJ4 px plal � CURVE TABLE # Radius Len th Delta Chord CI 1080.00' 128.12' 06°47'>0" 1�37°43'24"E 128.05' C2 I105.00' 6.77' 00°21'03" N41°18'I9"E 6.77' C3 1080.00' 6.77' 00°21'32" S41°18'OS"W 6.77' EXHIBIT "B" Mayhill Road Project Phase 2 Drainage Easement P1—DE-1 0.029 Acre David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas � _�niv-- POltlt OF Commencemen[ _ Robert P. Donnelly Yolume 3304, Pege 905 (remeinder) LINL' TAI3LL Ll N38°31'09"W 25.00' 1,2 N41°2R'S1"G 9324' L3 548"31'Ov"6 25.00' L4 S41°28'Sl"W 43.24' � ARTHUR � LAND SURVEYING 220 EIm 9..: 200- Izwisrille. TX 75057 rn 9n_ zzt sa�n. rFxNo iooc�ssm arthursun-eyi�g.cum F,stablished 1986 I.REC. (C.M.1 7of15 �ARTHUR � LAND SURVEYING EXHIBIT ".A" 0.132 Acre Parcel P2-ROW-1 Part of Lot 1R, Block F, Providence Place II City of llenton, llenton County, Texas BEING alI that certain lot, tract or parcel of land situated in Ihe David Hough Survey, Abstract Numher 646. City of Denton, Denton County, Texas, and being part of Lot 1 R. Block F of Providence Place I1, an addition iu the Cit}� of Denton, Denron Coun[y, Texas, according to Ihe piat [hereoPreco�ded in Cabinet X, Page 905. Plat Records, Denton County, Texas (P.R.D.C.T.), and being more particularly described as t"ollows: COMMEIYCING at a i/8 inch iron rod with cap stamped "Cotton Surveying' found for the most eas[erly southeast corner of said Lot 1 R same point being in the north line of Donnelly Addition. an addition [o the Ciry of Denton. Den[on County, Texas, according to the plat thereof recorded in Cabinet O, Page 77, P.R.0.C.T. and being in the existing west nght-of-Hay line of Ylayhill Road: THENCE South 83 dagrees 02 minutes d2 seconds West, with a south line of said Lot I R and the north line of said Donnelly .4ddition. a distance of 478.17 feet to a I/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) se[ for the POIIVT OF BEGI�VNING: THENCE South 88 degrees 02 minutes 42 seconds West, passing the northwest comer of said Donnelly Addition, continuing on for a total distance of 107.54 feet ro a I/2 inch iron rod with yellow cap stamped "ASC" set for comer being in the north line of a trect of land deuribed hy deed to Robert P. Donnelly, recorded in Volume 3384, Page 905. Deed Records, Denton Counry, Texas (D.R.0.C.T.), same point beine the sou[heast corner of a tract of land described by deed to the City of Denton, recorded under Instrument Number 2015-34890. Official Public Records, Denton Counry, Texas (O.P.R.D.C.TJ, and being the beginning of a nomtangent curve to the right, having a radius af 91 ZOU feet; THENCE over and across said Lot I R with the east line of said City of Den[on tract, wi[h said curve to the right, through a central angle of 03 degrees 30 minutes 41 seconds. whose chord bears North 26 degrees 10 minutes I9 seconds F.as[ at 56.19 feet, an arc Izngth of 56.20 feet to a U2 inch iron rod with yellow cap stamped "ASC' set for comer being in the south line of a tract of land described by deed to Kevin Nelms (et. al), recorded under InstrumeN Number 2017-31759, O.P.R.D.C.T., same point being the northeast corner of said Ciry of Demun tract; THF,NCF. North 88 degrees 01 minutes 21 seconds East, passing the southeast comer of said Nelms hac4 a distance of I25.54 feet to a V2 inch iron rod with yellow cap stamped "ASC' set for comer being in the sou[h line of a tract of land described by deed to Kevin Nelms (et. al.), recorded in Volume 3432, Page 91 l, D.R.D.C.T.; THF,NCF. South 41 degrees 28 minutes i I seconds West, over and across said Lot I R, a distance of 9.10 feet to a I/2 inch iron rod with yellow cap s[amped "ASC" set for [he beginning of a curve to [he lefr, having a radius of 920.00 feet; THENCE over and across said Lot I R and with said curve to che left, through a central angle of 03 de ees 35 minutes 01 seconds, whose chord bears South 39 degrees 41 minutes 20 seconds West at 57.53 feeJ��r 57.54 feet to the POIIVT OF BEC.INNING and containing 0.132 acrc of Iand. ��r � � t�:••'','�, �lE'•. ��ti�• �1��'� ` [7 ; � I G.. ..��F,�� ..� Mayhill Ruad Projcn ( �" AU93U191 I107-f.1?Z Acre AN�) " Notes: • I.R.EC = S/8" Imn Rod FounA wi�h cap stamped "Cotron Survc�in�'. • I.R.S. = 1/2" Irnn Rnd Set wilh yellow cep stamped "Arthur Survcying Company" • All improvemcnts not shown hereon. � • This Ezhibit was prepared without [he bcncfit of e curtent title search. therefbre no seazch o(recorded cascmcnts wns perfortned on subject property.. • Uas line sho�n «�as not field verified. Location prouided by others. � / Kevin Nelma et nL / Kevin Nelw et. el. Yolume 3492, Pege 911 1 Instr. No. 2017-81758 / (rom�maml � � � �� ..o.e 15' Cw Eoxment InsN. No. 200Q-J4B/5 1 S88'Ol'21 "W +! _ — �' — 955. B3 —� � S88'Ot'21"W 27J-09' � I.R.F.Q City of Denton � (C.M.� Inetr. No. 2015-3488� 1. R. S. 0.132 Acrc Parcel �e ix eiocx e (5,768 sq. ft.) Providence P7ace D Cabinet 1( Page 905 Robert P. Donnelly Volume 3384, Page BO5 (remelnder) R=917.00' L=56.20' R=920.00' L=57.54' ��3°30'41" p=03°35'Ol„ Chd.=N26°IO't9"E 56.19' Chd.=S39°4120"W 57.53' L1 S41°28'S1"W 9.10' EXHIBIT "B" Mayhill Road Project Phase 2 0.132 Acre Parcel P2—ROW-1 Part of Lot 1R, Block F Providence Place II City of Denton, Denton County, Texas —2019— nw�i � / / N88° 01' 21 "E 15 � \ N � 100 0 50 I00 SCAI,fi: 1" = 100' Bearings shown herem bnsW on tLe City of � ' Dmron GIS Nehvork. ,�. � u Kevin Nelms eL a1 � Volume 3�32, Pege BII ,� (nm�imar) � s. Point of BCg1DQ111g PuCllc P� c —'� M�� _----0 — _ I(C.M.�� — — 1�-1 Point of Commencement ` Aobert P. Donnelly � Votwne 3384, Page 805 (remninder) Donnelly AddiUon Cnbinet D, Pege 77 � ARTH U R LAND SURVEYING ?'_0 F'.Im Si , t?00 - I.ewisv0le. TX 75D57 Ph 9�21�IA619-TFRNa IOOG3800 anhursurveymg.crnn F.slpplished 1986 P3-ROW-1 EXHIBIT "A" 9of15 BEING 19.969 acres of land located in theDAVID HOUGH SURVEY, Abstract No. 646, Denton County, Texas, being the same tract of land as conveyed to Rozella A. Putnam by the deed recorded in Volume 1586, Page 45 of the Deed Records of Denton County, Texas. Said 19.969 acres being more particulazly described by metes and bounds as follows. BEGINNING at a%z inch iron rod in the centerline of Mayhill Road at the Southeast corner of said Putnam Tract, also being the Northeast corner of a tract of land conveyed to Andrew Corporation, by the deed recorded in Volume 912, Page 797, Deed Records of Denton County, Texas, also being the Southeast corner of said Hough Survey, TI3ENCE, South 87 degrees 13 minutes 28 seconds West, 774.08 feet along the North line of said Andrew Corporation Tract and the South line of said Hough Survey to a%z inch iron rod in the Northeast right-of-way line of the M K T Railroad, THENCE, along said Northeast right-of-way line as follows: North 47 degrees 59 minutes 44 seconds West, 87.69 feeY to a%z inch iron rod, 2. North 50 degrees 49 minutes 23 seconds West, 101.67 feet to a%z inch iron rod, 3. North 53 degrees 56 minutes 53 seconds West, I01.75 feet to a%z inch iron rod, 4. North 57 degrees 13 minutes 33 seconds West, 67.68 feet to a%z inch iron rod at the Southwest corner of aforesaid Putnam Tract, also being the Southeast corner of a tract of land conveyed to Don V. Cunningham and wife, by Deed recorded in Volume 653, Page 146, Deed Records of Denton County, Texas, THENCE, North 00 degrees 00 minutes 04 seconds East, 64134 feet to a%: inch iron rod in the South line of a tract of land conveyed to E. P. Jeske by the deed recorded in Volume 1386, Page 377, Deed Records of Denton County, Texas, also being the Northeast corner of said Cunningham Tract, THENCE, North 87 degrees 34 minutes 46 seconds East, 1,051.76 feet .to a% inch iron rod in the center line of aforesaid Mayhill Road, also lying in the West survey line of the G. Walker Survey, Abstract No. 1330, THENCE, South 01 degrees 36 minutes 49 seconds West, 869.50 feet along said survey line and the Easf boundary line of said Putnam Tract to the PLACE OF BEGINNING and containing 19.969 of land, more or less, LESS AND EXCEPT that certain 1.0 acre tract of land previously conveyed by Robert P. Donnelly to the City of Denton, Texas by General Warranty Deed on the 22nd day of Januarv, 1998, which deed is recordad at Volume 4� Page 1156 of the Real Estate Records of Denton County, Texas, leaving 18.969 acres, more or less, remaining in this tract. � ARTH U R 10of15 � � LAND SURVEYING EXH[BIT "A" 0.006 Acre Parcel P4-ROW-1 Daniel Lombard Survey, Ahstract No. 784 City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situa[ed in the Daniel Lombard Survey. Abstract Number 784, City of Dcnton, Denton County, Texas, and a part of that certain tract of land described by deed to Maru Chen Investments. LLC.. recorded under pocument T'umber 20143�488, Otlicial Public Records, Denton Counry, Texas (O.P.R.D.C.T.), and being more particularly described as follows: BEGINNING at a I/2 inch iron rod with yellow cap stamped "Metroples 1849" found for comer being the northwest corner of the herein described tract, and being the northwest comer of said Maru Chen tract, same point being in the south line of a tract of land described by deed to Roben P. Donnelly, recorded in Volume 3384, Page 905. Deed Records, Denton Counry, Texas, and being in [he northeasterly line uf a tract o( land described b}' deed [o Dallas Area Rapid Transit (D.A.R.T.), recorded under pocument Number 2010-431 i9, O.P.R.D.C.T.; THENCE North S8 degrees 23 mirmtes i I seconds Easl, with [hr sou[h line of said Donnellv [ract, a distance of 23.46 feet to a I/2 inch iron rod with yellow cap stamped "ARTHUR SURI'EY/NG COMPAN3"' (ASC) set for corner being in !he nonh line of said Maru Chen tract and the south line of said Donnellv tract: THENCE Sou[h 00 degrees ?8 minutes 51 seconds West, over and across said Maru Chen tract. a distance of 23 48 feet to a I/2 inch iron rod with yellow cap stamped "ASC" set for comer being in the northeasterly line of said D.A.R.T. trac[, same poin[ being Ihe beginning of a non-tangent curve m the left, having a radius of 195924 feer, THENCE with the northeasterly line of said D.A.R.T. Iract and with said curve to the left, [hrough a centrel anele of 00 degrees 5 i minutes 10 seconds, whose chord bears North 45 dz�ree.e 31 minutes 41 seconds West at 32.58 feet, an arc lengtli o(32.58 feei W the POINT OF BEGINNING and containing 0.006 acre of land. Mayhill Road Preject A0930191110G r � N � 50 0 25 50 SCALE: 1" = 50' Beazings s6own herean 6saed o¢ the Ciry of Denton GIS Nehvork Roberi P. Oonnelly Vol. 3394. Pg. 805 (rcmeNAer) IRFC iC.\1i j,] 1.H5. _ _ _ ,fi �n� L2 11 of 15 v�,«s: � • I.R.f.G = I2" Iron Rod found �vilh cap stamped "Metroplex I849". • I.R.S. = I/2" Iron Rod Sct with ycllow cnp stamped "Anhur Sun�eging Compan}". • -Ihls' lixhibit was prepared without ihe benefit ot u curnent tide seorch. therzfore no search ofrzcorded ea,ements was perFortned on subject property. • iV i improvemenLs no[ shown hereon. Poin[ of `' 0.006 Acre � R s Pareel :1eru Chen Inveatmcnte, L1.C. Beginning �g4 Ooc. No 2014-334BB \ �z�1 sq. tt.)�Nu�,ber Daniel Lon'bard S�z�'e��\tac J°'v"a'eii� Pq � t�c \y�� D.R.D.C.T. o � \ 4 � o� t aoro r F� Jy �v 120' Righo-oGWay Dedicetion (Cab I. Pe 182) I � Ict 1R, Block A D. Lombard Addltion Doc. No. 2011—H2 \\ EXHIBIT "B" 1 Mayhill Road Project Phase 2 0.006 Acre Parcel P4—ROW-1 Daniel Lombard Survey, Abstract Number 784, City of Denton, Denton County, Texas — 2019 -- ,,.�.,.�„� t ° . '� 'v \ Z-,� ',.;., v. \ L1 N88°23'S1"E 23.46' LZ S00°28'S1 "W 23.48' C1 R=195924' L=32.58' ��0°57'10" Chd.=N45°31'41"W 32.58' \ \ \ e E�gP9�Bj3 � ��9'/ \ \ vd. i ` � � o� ,��,. .Q j.`i�vti\ R i a f� r ��\�v��d`r fC.M.i .�{��! �V'�� ARTH U R LAND SURVEYING ?20 Elm SI , h. 300 - Lewirville.l:X ]SOi', Ph.9T_.?'_I9439. l'FItN� IOOo36ni� nnhursune�in@.cem F,siabiuhed 198n 12 of 15 �� ARTH U R � LAND SURVEYING EXHIBIT "A" 0.643 Acre P5-ROW-1 Part of Lot 1, Block B, D. Lombard Addition City of Denton, Denton County, "I'exas BEING a part of Lot I, Block B of [he D. Lombard Addition, an addition to [he City of Denton, Denton Counry. Texas, according to the pla[ [hereof recurded in Cabinet L Page 18?. Plat Records, Dentun Counry. Texas (P.R.D.C.T.), and being morc particularly dcscribcd as follows: BEGINNING a[ a U2 inch iron rod found for comer being the sou[hwes[ corner of the herein described tract, same point being the southeas[ corner of Lot 3. Block 3 of Dencon Regional Medical Center - Phase 2, an addition to the City of Denton, Denton Counry, Texas, according to the plat thereof recorded in Cabinet Q, Page 305. P.[2.D.C.T.. and being in the north right-of-way line of Coloredo Boulevard; THENCE Notth 00 degrees 26 minu[es 06 seconds East, passing the northeast corner of said Lot 3, and continuing on for a total distance of 582.70 feet ro a 1/2 inch iron rod with yellow cap stamped "Arrhur Sun�eving Conrponv" (ASC) set for corner being in the south line of Denton Regional Medical Center Phase 3, an addition to the City of Den[on, Dentnn Cnunty, Texas. according to the plat thereof recorded under pocument Number 2009-221. P.R.0.C.T., same point being the eazterly line of a remainder vact of land described by deed to Epic Development, Inc., recorded in Volume 3245, Page 699, Deed Records, Dentun County, Texas, and being in the southwesterly line ofa tract of land described by dezd to Dallas Arza Rapid Transit (D.A.R.T.), recorded under pocument number 20 1 0-43 1 79, Official Public Records, Denron County, Texas. same point being [he beginning of a non-tangent curve to the ri�ht, having a radius of 1859.24 feet: THENCE with said D.A.R.T. trac[ and said curve to the right, through a central angle of 02 degrees 03 minutes 08 seconds, whose chord bears South 48 degrees 1: minutes 56 seconds East at 66.59 feet, an arc length of 66.59 feet to a I/2 inch iron rod with yellow cap stamped "ASC' se[ for comer being the northwes[ comer of a l20 foo[ right-of- way dedication as shown on said D. Lombard Addition plat, same point being the northeast corner of said Lot I; THENCE South 00 degrees 26 minutes 06 semnds West, with the west line of said right-of-way dedication. a distance of 53838 feet to a I/2 inch iron rod with yellow cap stamped "ASC" set for comer being the southeast corner of said Lot I: THENCE NoRh 89 degrees 30 minutes 18 seconds West, over and across said Lot l. a distance of 50.00 feet to the POINT OF BEGIiYNING and containing 0.643 acre of' land. AAavhill Ruav Pmjcc A0930191I109 � Denton Regionel lfedicel N Center Phese 3 Doc. No. 2009-221 � I00 0 50 100 SCALE: 1" = 100' Beaziogs s6own he`eon based on the CiTy af Dtnton GIS Nelwmk No[es: • I.R.F.0 = 1/2" Iron Rod Found with cap stamped "Metroplex 1849". • I.R.S. - I/2" Iron Rod Set wiih yelluw cap stamped "Arthur Surveying Company". • This Hxhibit was prepareA withom the benefit of a wrrenl title searcli, there(ore no search nf recnrded easzinenls was perfonned on subject propeny � �°,r�� \� ' I I � I I Eplc Development, Inc. � I � Vo1 3246, Pg. 89B ' (mmemder) 20' Cae Emement Inab. No. 2005-ISJf91 Dralnoge Easement ^� (CoO. I. Pg. 182) • nl• NI improvements not sho�vn hereon. LI NS9°3078"W $�.��' C� R=1859.24' L=66.59' ��2°03'08" Chd=S48%3'S6"E 66.59' ��I NI f0' Pudlc Uti/t� � I Eosemm[ � Int 3, 91ock 3 I Denton Regionnl 1ledicel I I Cealer - Phme 2 Cebinet Q, Pege 305 � a' n�eik umiry � I ea.��,� I.R.F. IRF. I.R.F. (C I11J_ � QQQ� ---1 _ (CM. �— — — � F89°3U'IS"W 1 F89°30'IB"W 10007' IOOA2' \ �, �9.4��W 10 00' COLORADO BLVD. (Variablc WidthftOW� � EXHIBIT "B" Mayhill Road Project Phase 2 0.643 Acre Parcel P5—ROW-1 Part of Lot 1, Block B Lombard Addition City of Denton, Denton County, Texas — 2019 -- C1 � I � IBFC (C.M ) 0.643 Acre Parcel I (28,030 sq. ft.) I � I13 I e � �o N p0 V�j I?0' Ri hl-oGWa� Dedicu�ion (Cab. 1, Pg. I 62 � � Lot 1, Block B I D. InmEerd Addition I Ceb. I, Pg. lB2 I(nmemaer) IRS Point of 15 RoEert P. Donnelly Vol. 3384, Pg. 905 — (rcmefedm) _ _ \ o \ � � C�Pd R o � ! .� `�plh`�� SDlp j9p�p'/ i. b�'t �O � �[+ q yo d 1 PQ,o � \ \ A�!? \ o \ \ � \ b \ I R.F.0 ICM) \ \ \ � Inl SR, Hlock A \ �. Inmbard Additlon ➢oc. No. 2011-82 I � — — — — — MAYHILL ROAD (V "g ' RON') �� qF� rEkq�J ,7�P,.�G��,I�FjR�/yj,� �:�� 711/�.....\ � ARTHUR � LAND SURVEYING 220 F:Im St . b 200 - Lewisville, TX 75(1`7 Ph. 9]2.22 i 9439 - TFRN4 10063800 anhursurveying.com EsmAlishad 19B6 14 of 15 �� ARTH U R ,� LAND SURVEYING EXHIBIT "A" TEMPORARY COVSTRUCTION EASEMENT PS-TCE-1 0.092 Acre Part of Lot 1R, Block A, D. Lombard Addition City of Denton, Denton County, Texas BEING a part of Lot I R, Block A of D. Lombard Addition, an addition to the City of Demm�, Denron Counry, Texas, according to the plat thereof recorded under pocument Number 201 I-9Z. Plat Records, Denton County, Texas, and being more particularly described as follows: BEGIIYNING at li2 inch iron rod with yellow cap stamped ".ARTHUR SURVEYING COMPANY" (ASC) set for the southwest corner of the herein described [ract, a��d being the southwest corner of said Lot I R, same point being at the intersection of the north right-of-way line of Mayhill Road and the east right-of-way line of a I20 foot ri�haof- way dedication as shown on the D. Lombard Addition, an addition to the City of Denton, Denton County, Texaz, according to [he plat thereof recorded in Cabinet 1, Pagc 18Z, Plat Records, Denton Counry, Texas; THENCE North 00 degrees 26 minutes 06 seconds East, with the east line of said right-of-way dedication. a distance of 199.98 feet to a point for corner. THENCE South 89 degrees 33 minutes 54 seconds East, over and across said Lot I R, a distance of 20.00 feet to a point for comer; THENCE South 00 degrees 26 minutes O6 seconds West, over and across said Lot I R, a distance of 200.00 feet to a point for comer being in [he north right-ot=way Iine of Mayhill Road and the .couth line of said I.ot I R; THENCE North 89 degrees 30 minutes 31 seconds West, with the north right-of-way line of Mayhill Road, a distance of 20.00 fee[ to the POINT OF BF,GINNINC and containing 0.092 acre of land. �layhill Road Pmject A09301911105 � 15 nf '1 � ,o��: ---- � • I.R.P.G = 12" Iron Rod Found with cap stamped "Mctroples 1849'. I.R F Cppp • I.R.S. = I/2" Iron Rod Set with yellow (C.M.) \ cap stamped ".4rthur Surveying \ � Company" � • This Gxhibit �vas prepared without the � benefit of a curtent tide search. � thereforo no search of recorded easemenls was performed on subject property. \ b0 0 30 GO • .All improvements not shown hemon. � �n � SCALE: I"-60' I \ \ Bearings ahoav hereon besed on thc City of � d Den[on GIS Nehvork. I �(�f IE 92) ent \ p9+� \ d � � r� � � o�C� 120'Righo-of-Wey \ 4��'� \ � �P�j Dedication (Cab I, Pg 182) � � O � ! Po �p P I \ v6/s Y�� p D� 9 � � � �OC- v��v. � S89° 33' S4 "E ��,p 20.00' / � �cfl �t / � � � \ \ 0.092 Acre \ � � I Temporar� \ � LS Construction \ ;, �� Easement � q Ig (4.000 sq. fi.) � \ ^ `� Lot lR, Block A \ WI 3 D. Lombard Addition `g� o Doc. No. 2011-92 \ ry lo � � o O \ \ Z � I I � IRPC. Point of � � — — _ � !� M, Beginning � , - ' Sopa Eanm�nf (POfl-92) � �\91\F I.RS 589'30'3I"E I7�B1' _ — �— — -4bC�' - . N89°30'31'ryV � �aF.rE,� 20.�� MAYHILL ROAD � �, �'IFk '' S /�Q,�� C>�� F (Variable Width RON') UJ.'Q-�' � EXHIBIT „B�� Y.THOM..'a;��. :..� ,: Mayhill Road Project Phase 2 ``�. _,��o�. Temporary Construction � su� Easement P5—TCE-1 0.092 Acre _ _ Part of Lot 1R, Block A � A R T H U R Lombard Addition ♦ � LAND SURVEYING ' Clby /o�f Deynton, »pFlmSi."-:00-Iewisville,l'X7i0t7 Denton l.�un4y, Texas Ph 9]]2219539-"PPNNd 100638W - 2�� 9-- anhursuncying.com Es�aLlished 198G �'AF ��me=_r1ng�Freese8r.,cho's'�+��h'��.f�vvOW��cs'C�9Ar:5i-i9>>IOd<iwn