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Home My WebLink About1996-239E \NPD➢CS\DRD\KARVDUNIARIS ORDINANCE NO -1 & -;739 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PAYMENT OF THE $79,461 98 JUDGMENT IN CITY OF DENTON V JOHN KARVOUNIARIS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the payment of seventy nine thousand four hundred sixty-one dollars and ninety-eight cents ($79,461 98) in accordance with the terms and conditions of the Judgment in the case of City of Denton v John Karvouniaris is hereby authorized SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the (m day of ( 1996 K MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BYr .� l 019056 NO CV-95-00781-C � CFVJG , CITY OF DENTON, § CONDEMNATION PROCEEDING CIO Plaintiff § 9I'y § FILED WITH THE JUDGE OF VS § § THE PROBATE COURT OF JOHN KARVOUNIARIS, § Defendant § DENTON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS MM On the ' /-k\, day of _��.VYl� eS� 1995, came to be considered the above matter, before the Special Commissioners and freeholders of Denton County, Texas, duly appointed by the Judge of the Probate Court of Denton County, Texas, upon the Plaintiff's Original Statement in Condemnation of the City of Denton, filed on the 25th day of October, 1995, in said Court, praying for the condemnation of a certain parcel of land required for a permanent street right-of-way easement over the lands and premises of Defendant for the public purpose of constructing a public street intersecting with State Highway 288, said parcel of land being described more particularly in Exhibit "A" which is attached hereto and made a part hereof for all purposes The said Special Commissioners having given notice, and the said Defendant having been duly and properly served with notice of the time of hearing and the place of meeting, all as required by law, and the City of Denton having appeared through its Attorney of Record, Mike Bucek, First Assistant City Attorney for the City of Denton and Defendant having appeared through his Attorney of Record, Jackson & Walker, and all having announced ready for trial, all matters involved in said condemnation were submitted to the said Special Commissioners and the pleadings and evidence having been heard by us, the said Special Commissioners, assess the damages resulting from this proceeding in eminent domain to Defendant as follows a Value of the permanent street right-of-way easement being condemned $ 3'i� 49hr plus b Diminution of the value of the remainder by reason of the severance, if applicable of $ -0 - c Total damages that will accrue to Defendant as a result of this condemnation, $ We herein award the above described land and the title to same as requested by Plaintiff to the Plaintiff for the named public purposes, with full and complete right, use and possession thereof We adjudge the costs in this proceeding which have accrued to date of $ (including court filing fees, and the expense of service notice upon the Defendant) and the reasonable fees of Special Commissioners to be set by the Court, against (City of Denton or Defendant) for the reasons provided by law Page 2 award was filed with me on the day of 19�� .P ,/a— 0 42 If JUDGE PRESIRING .,EFTIFIED COPY CERTIFICATE STATE OF TEXA& COUNTY OF OW= TIM N000@13, County IOWk d OndM1100o yt Texas do hereby cerslyfhptpllsNdf►INa0011� ropy as same appears o1 r,cord in OM OMIOR wn a �y h dteand seal of dit ON Tom ModaBE CIM a nfy It A \AWARD Page 3 Y1G�RP�tl YG r w ~ oftloo too y belmaiull "' pMh+ ren m r , ra W41Yfb tr +t r e fr. nl Mkl �t vaY1��Yt \'✓nQ� S�{ , v, "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the J Taft Survey, Abstract Number 1256 and being part of a tract of land conveyed to John Karvouniaris by deed recorded in Volume 3405, Page 50 of the Real Property Records of Denton County, Texas and being more particularly described as follows TRACT I BEGINNING at the northeast corner of said Karvouniaris tract, same being a point on the south line of State Highway Loop 288 and also being the northwest corner of a tract conveyed to Norman E Brinker by deed recorded as 93-R0022415 in the R P R.D C 'I, THENCE South 000 23' 00" East along the east line of said Karvouniaris tract and the west line of said Brinker tract a distance of 25 feet to a point for corner, THENCE North 240 06' 05" West a distance of 21 95 feet to a point for corner, said point lying on the north line of said Karvouniaris tract and the south line of said Loop 288, THENCE North 600 32' 33" East along said lines a distance of 10 10 feet to the POINT OF BEGINNING and containing 0025 acre of land TRACT II BEGINNING at the southeast corner of said Karvouniaris tract, same being the southwest corner of a tract conveyed to Norman E Brinker by deed recorded as 93-R0022415 in the R.P R.D.0 T, THENCE North 890 19' 51" West along the south line of said Karvouniaris tract a distance of 10 feet to a point for corner, THENCE North 000 23' 20" West a distance of 1260 feet to a point for corner; THENCE North 050 19' 52" East a distance of 100 31 feet to a point for corner, said point lying on the east line of said Karvouniaris tract and the west line of said Brinker tract, THENCE South 000 23' 20" East along said lines a distance of 1360 feet to the POINT OF BEGINNING and containing 3007 acre of land. AEE005C6 09-08-95 Return To City Of Denton Engineering & Transportation Dept 221 North Elm Street Denton, Texas 76201 Attention Roger N Wilkinson r „ 1)N[fir^ " T�'r, r ` 0 r n 0 0 ui DEli2 J,J1Y TEXAS Filed for Record in- DENrON COUNTY, TX HONORABLE TIM HODGES/COUNTY CLrRK On Mar ?., 1997 At 4:14pm Doc/Mum : 97-ROO19056 Doc/Type : PCC Recordxnq: 11.00 Doc/Mgmt • 6 00 Receipt N• 9464 Deputy PRANDIE 10;07/96 10 01 '02'.'-960 5822 JACKSON & %IkLKFr 10002/003 vo�0 0 61 Poo 93 019057 CAUSE NO. CV-95-00781-C § CONDEMNATION PROCEEDINGS CITY OF DENTON, PLAINTIFF § § FILED WITH THE JUDGE OF THE VS. § § PROBATE COURT OF JOHN KARVOUNIARIS § § DENTON COUNTY, TEXAS DEFENDANT. On the 6th day of August 1996, the above -entitled and numbered cause came on to be heard before the above -referenced Court, and the Court having duly impaneled a 3ury to hear said matter, the parties proceeded to present their evidence and the jury having returned its verdict on the Court's Charge on the 8th day of August as follows: Special Issue NO. 1: "From a preponderance of the evidence, what do you find was the market value of the 0.3032 acre strip of land condemned by the City of Denton for public purposes at the time it was condemned' Answer: "$73,221.98." The Court having accepted the verdict of the jury and the stipulations of the parties and the Clerk having duly filed same, and the Court having found that the verdict of the jury was in favor of the Defendant John Karvouniaris for the amount set forth above and that judgment should be entered upon the verdict in favor of Defendant John Karvouniaris that he recover of and from the City of Denton; it is ORDERED, ADJUDGED and DECREED that the Defendant John Karvouniaris recover of and from the City of Denton the market J[jJgx= - Page 1 10/07/96 10 32 0214 053 5822 JACKSON & WkLKER Q 003/003 l j&0 0 61 ps01914 value of the property condemned as of the date of condemnation, December 19, 1995 in the amount of $73,221.90, and that he further recover legal interest, at ten percent per annum, on the amount of said judgment from the date of condemnation, December 19, 1995 until the date of Judgment in the amount of $6,240.00, and that he further recover any costs of court expended in this matter, for a total Judgment of $79,461.98, plus costs of ccurt and interest at the legal rate from the date of Judgment until said Judgment is paid. /-A—aV SIGNED this of October, 1996, JUDGE PRES G AGREED AS TO FORM: A/7" L A. BUCM First Assistant City Attorney State Bar No. 03285500 213 East McKinney Denton, TX 76201 ATTORNEYS FOR PLAINTIFF, CITY OF DENTON, TEXAS 953621/D CERTIFIED COPY CERTIFICATE STATE OF TEXAS COUNTY OF DEMON I TIM HODGES County Clerk Of Denton COumtyt Texas do hereby Gerdy ftt Oft IS a true & Correct copy as same eppens Of /e00N1 In ny office witness my_ 4n0 00 N/ d oMke on 4VDgiLw - Page 2 G1T`r OF 8ENTa('1 .l is (nI 6 E� 1 nl G 1 ' gAAI'3 OM-TOA), `K• -76zo i A-TfEA)T (o/0 Role° � . W (Lk c Al5 Cv✓ -41 '1 � r It f^ 01 9 q Out [ n D�'ii uino �n Writ dly�u0 Oi q MAR > 5 199 7 i otarov'OUNTYTEXAS k .h Ffiled for Record 3n DF'NTON COUNly, fX HONORABLE 11M HODGCS/COUNTY CI C RK On Mar 0 i 1997 At 4 14pm Doc/Num a W RM9057 Doc/Type C'CI Recorcling: / 00 Doc/Mgmt . C 00 Rec ei t R.- 9464 Deputy BRANDit