HomeMy WebLinkAbout2004-114S:\OurD cumenu\Ordinances\04\bickley ward ordinancedoc
ORDINANCE NO. d�— //
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. N. ALEX
BICKLEY, ET AL., CAUSE NO. ED-2003-01327 PENDING IN THE PROBATE COURT OF
DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-
2003-01327 pending in the Probate Court of Denton County, Texas is hereby authorized to be paid
into the Registry of the Probate Court.
SECTION 2. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the '&41day of , 2004.
&'z�'4.L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
ON
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: `" \�
FILE FOR RECORD
DENTON COUNTY CLERK
COPY
Cause No. ED-2003-01327
CITY OF DENTON, TEXAS,
Plaintiff,
V.
N. ALEX BICKLEY,
Individually and as trustee,
NEIL A. BICKLEY,
RONALD WEST ATKINS,
WELLS FARGO BANK, N.A. and
CORA T. ROBERTS,
Defendants.
MAR 3 02004
CYN IA ITCHELL
DBPUW
CONDEMNATION PROCEEDINGS
FILED IN
THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF COMMISSIONERS
WHEREAS, on the 8"' day of October, 2003, The City of Denton, Texas, (hereinafter
referred to as "Plaintiff'), filed Plaintiff's Original Statement in Condemnation herein with the
Judge of the Probate Court of Denton County, Texas, ED-2003-01327 styled City of Denton,
Texas v. N. Alex Bickley, individually and as trustee, Neil A. Bickley, Ronald West Atkins,
Barbara Atkins, TVells Fargo Bank, N.A. and Cora T. Roberts, (hereinafter referred to as
"Defendants") wherein upon the facts alleged, it sought condemnation of a right-of-way fee
simple and easements on, over and upon certain land situated in the City of Denton, Texas
owned by Defendants N. Ales Bickley, individually and as trustee, Neil A. Bickley, Ronald West
Atkins, Barbara Atkins, Wells Fargo Bank, N.A. and Cora T. Roberts; said land being further
described in Attachment "A" hereto which is made a part hereof for all purposes; and
AWARD OF COMMISSIONERS — Page l
Doc ID SCOTR-819941
8124-0002
WHEREAS, upon consideration of such Plaintiff's Original Statement in Condemnation
and forthwith upon filing, to wit: on October 9, 2003, the said Judge appointed the undersigned
three disinterested freeholders of said County as Special Commissioners to assess the damages
occasioned by the condemnation of such right-of-way fee simple and easement for: (a) street
purposes, (b) to construct, reconstruct, install, repair, and perpetually maintain drainage facilities
between the right-of-way thereto and said land; and, (c) temporary construction, grading and
access easement; as more fully set out in said Plaintiffs Original Statement in Condemnation.
THEREFORE, we, the undersigned Special Commissioners so appointed, duly qualified
as such on November 7, 2003, each taking the Oath as prescribed by law, and fixed the 29a' day
of March, 2004 at 9:00 a.m. o'clock, a.m. at the Denton City Hall located at 215 East McKinney,
Denton, Texas, 76201, as the time and place for hearing said Plaintiffs Original Statement in
Condemnation, such day being the earliest practicable date and such place being in the County
Seat of the County in which said property in controversy is situated, of which time and place of
hearing we issued a Notice in writing to the Defendants herein on March 16, 2004, and said
Notice was duly served upon the said Defendants by a person competent to testify, and who
thereupon made his due and truthful return upon such Notice, and said Defendants have further
executed a Waiver of Notice and Agreement to Proceed on the date, place and time so appointed.
On the day and at the place so appointed for such hearing the said Plaintiff appeared by
and through its representatives and counsel, and the Defendants did appear, by and through its
representatives and counsel.
Said Special Conunissioners proceeded to hear evidence as to the value of the following:
a. Fee simple title for street purposes, with such fee simple title vesting in the City
of Denton, Texas in those certain tracts or parcels of land comprised of the following: (i) an
AWARD OF COMMISSIONERS — Page 2
Doc ID SCOTR-819941
8124-0002
approximate 0.357 acre tract (described in Exhibit `A' — Tract 1, hereto) and, an approximate
2.152 acre tract (described in Exhibit `A' — Tract 2, hereto) with record title in N. Alex Bickley
and Neil A. Bickley; and, (ii) an approximate 1.075 acre tract (described in Exhibit `B', hereto)
with record title in Ronald West Atkins and Barbara Atkins, all together with improvements
thereon and appurtenances thereto (the "Right -of -Way Property"); and
b. An easement in the name of the City of Denton, Texas, in, over and across
that certain tracts or parcels of land containing approximately 0.226 acre tract (described in
Exhibit `C'; depicted on Exhibit `D', hereto) with record title in N. Alex Bickley and Neil A.
Bickley, as more particularly described in the Ordinances to ensure access to the Right -of -Way
Property and to construct, reconstruct, install, repair, and perpetually maintain drainage facilities
between the Right -of -Way Property and Defendants' remaining property (the "Drainage and
Access Easement Property").
C. A temporary construction, grading and access easement in the name of the City of
Denton, Texas, in over and across that certain tract or parcel of land containing approximately
0.309 acre of land (described in Exhibit `E'; depicted on Exhibit `F, hereto); with record title in
N. Alex Bickley and Neil A. Bickley, situated in the City of Denton, Denton County, Texas as
part of the Mary Austin Survey No. A-4, Denton County, Texas more particularly described in
the Ordinances (the "Temporary Construction, Grading and Access Easement Property").
After fully hearing and considering such evidence as to the value of the fee simple
(paragraph a., above) and easements (paragraphs b. and c., above) sought to be condemned upon
said land as further described in Attachment "A' hereto and made a part hereof for all purposes;
and the damages, if any, which will be sustained by the Defendants, by reason of such
AWARD OF COMMISSIONERS — Page 3
Doc ID SCOTR-819941
5124-0002
I �-f
condemnation, we have assessed the Defendants
by reason of such condemnations.
We assess the damages as set forth in Section 21.042 of the TEx. PROPERTY CODE, as
follows:
The City of Denton, Texas shall pay all costs to this proceeding, this the 29th day of
March, 2004. j
Steve Poston `✓
Robert J. Widmerj
SPECIAL COMMISSIONERS
AWARD OF COMMISSIONERS — Page 4
Doc I D SCOTR-S 19941
S124-0002
The Clerk of this Court is hereby ORDERED to notify all parties or their attorneys of
record, as listed in Attachment `B" hereto, of the filing date of this award by certified !mail,
return receipt requested, at their addresses of record pursuant to Section 21.049 of the TEx.
PROPERTY CODE.
'P-\
The foregoing decision and AwardVs filed,with me. orq this the 3�� day of March, 2004.
In and for Denton County, Texas
AWARD OF COMMISSIONERS — Page 5
Doc ID SCOTR-819941
8124-0002
ATTACHMENT "A"
City
of
DENT
EXHIBIT "A' —TRACT 1
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEYA-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City
of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records,
Denton County, Texas, and more particularly described as follows;
BEGINNING at a 112" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract
described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having
Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41 feet;
THENCE: with the said common line, N 03" 21' 24" E, a distance of 33.31 feet to a 5/8" iron rod set for a
corner;
THENCE: S 87" 56' 09" E, a distance of 216.24 feet to a point for a corner in the west line of that tract
described by deed recorded at County Clerks File No 97-R-043235; from which a 518" iron rod set for the
beginning of a curve bears 58756'09"E, 15.0 feet;
THENCE: with the said line, S 01 "11' 39" E, a distance of 64.48 feet to a point for corner in the south line
of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County,
Texas;
THENCE: with the said south line, S 88" 37' 02" W, a distance of 222.06 feet to a point for corner, and the
southwest corner of said tract;
THENCE: N 03" 21' 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING
0.357 acres of land, more or less as surveyed by john nall jr rpls #1970 during the months of June and
July 2002.
Bearings, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North
Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances
shown. Areas shown are surface.
See attached Survey Sketch jnj.S-0009 1r
3 Bickley 45 acre Tr-1.d'Tedicated to Quality Service
wtow.cityo/den ton. cam
EXHIBIT "A --TRACT 2
Legal Description for a
strip of land for Spencer Road out of the
MARY L AUSTIN SURVEYA-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton, Denton County,
Texas described by deed recorded in Volume 967, Page 548, Deed Records, Denton County, Texas, and more particularly
described as follows;
Commencing at a 112" iron rod found for the southeast comer of LOT 1, BLOCK Z MUNICIPAL UTILITY ADDITION, an addition
to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton
County, Texas, and in the west line or that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton
County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41 feet;
THENCE: with the said common line, N 03' 21' 24"E, a distance of 33.31 feet to a 518"imn rod set fora comer,
THENCE: S 87' 56' 09" E, a distance of 231.28 feet to a 518" iron rod set for the beginning of a tangent curve to the left, having a
central angle of 07' 12' 27" and a radius of 2943.50 feet;
THENCE: with the said curve, an arc distance of 370.28 feet to a 5/8" iron rod set for the end of said curve;
THENCE: N 84' 51' 24" E. a distance of 107.31 feet to a 518" iron rod set for the beginning of a tangent curve to the right, having a
central angle of 05' 57' 23" and a radius of 950. 00 feet
THENCE: with the said curve, an arc distance of 98.76 feet to a 518"iron rod set for the and of said curve;
THENCE., S 89' 11' 13" E, a distance of 129.12 feet to a point for a comer in the east line of the tract described by deed recorded in
County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas, and the POINT of BEGINNING:
THENCE: S 89' 1 V 13" E, a distance of 124.04 feet to a 518"iron rod set for an angle point;
THENCE: N 89- 47' 15" E, a distance of 48e. 97 feet to a 518"iron rod set for an angle point;
THENCE: S 89' 28' 20" E, a distance of 250.89 feet to a 518" iron rod set for an angle point',
THENCE., S 89' 59' 15" E, a distance of 358.42 reef to a 518" iron rod set for a corner in the west line of that tract described by deed
recorded in Volume 561, Page 464,•Deed Records, of Denton County, Texas;
THENCE: with the said common line, S 02' 07' 26" E, passing at 35.6 feet a 112" iron rod at a fence line feet lying 0.5 feet left of
line: passing at 60.0 feet the center of Spencer Road; in all a distance of 90. 10 feet to a 112' iron rod found for the southeast corner
of said tract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas;
THENCE: with the south line of said tract. N 88' 38' 14" W, a distance of 1125.09 feet to a 112" iron rod round for an angle point;
THENCE: continuing with the said south line, S 88' 37' 02" W, a distance of 99.00 reef to a point for corner, and the southwest
comer of said tract;
THENCE: N 03' 21' 24" E, a distance of 58.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or
less as surveyed by john pall jr rills #1970 during the months of June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999
datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jnj.S-00091r
Bickley 45 acre Tr-2.dtedicated to Quality Service"
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OENTO
EXHIBIT 'B'
Legal Description fora
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 in the City of Denton,
Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas,
and more particularly described as follows;
Commencing at a 112" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet
G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in
Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central
Zone, 1983-1999 coordinates of x = 2395503.01 and y = 7120881.41 feet;
THENCE: with the said common line, N 03' 21' 24" E, a distance of 33.31 feet to a 518" iron rod set for a corner:
THENCE: S 87° 56' 09" E, a distance of 216.24 feet to a point for a corner, in the west line of that tract described by
deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT
OF BEGINNING:
THENCE: N 87' 56' 09" E, a distance of 15.04 feet to a 518" iron rod set for set for the beginning of a tangent curve
to the left, having a central angle of 07' 12' 27" and a radius of 2943.50 feet;
THENCE., with the said curve, an am distance of 370.28 feet to a 5/8"iron rod set forset for the end of said curve;
THENCE: N 84` 51' 24" E, a distance of 107.31 feet to a 518" iron rod set for the beginning of a tangent curve to the
right, having a central angle of 05' 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98.76 feet to a 518" iron rod set for the end of said curve;
THENCE: S 89' 11' 13" E, a distance of 129.12 feet to a point for a corner in the east line of the tract described by
deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas;
THENCE: with the said line S01 '11'39"E, a distance of 68.02 feet to a point for a corner in the south line of the tract
described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas;
THENCE: with the said line, S 88' 37'02'W, a distance of 719.85 feet to a point for a corner;
THENCE: N 01 `11' 39" W, a distance of 64.48 feet to the POINT OF BEGINNING and CONTAINING 1,075 acres of
land, more or less as surveyed by John nail jr rpls #1970 during the months of June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central
Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown
are surface
See attached Survey Sketch jnj.S-0009 3r
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OENTON
EXHIBIT "C"
Legal Description for a
Drainage Easement out of the
MARY L AUSTLN SURVEYA-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARYL AUSTIN SURVEYA-4 in the City of Denton, Denton County, Texas described by
deed recorded in Volume 98Z Page 548, Deed Records, Denton County, Texas, and more particularly described as follows,
BEGINNING at the southeast corner of herein described tract of land, said point also being in the north righrof way line of Spencer Road, and having
Texas Coordinate System, North Central Zone,1983-1999 coordinates of x - 2397664.50, y - 7120925 90 feet, from which a found 5/8"iron rod for
the southwest corner of a tract of land described by deed recorded in Volume 561, Page 464, Deed Records, Denton County, Texas, bears South 89°59'
15" fast, 397.95 feet;
THENCE with said north nght-of way line, North 892820" West a distance of 210.89 feet to a point for corner, -
THENCE leaving said north dght-of way line, North 00°3'40"fast a distance of 21.00 feet to a point for corner, -
THENCE North 45031 '40"fast a distance of 42.43 feet to an angle point -
THENCE South 892820" fast a distance of 150.89 feet to an angle point; .
THENCE South 442820"East a distance of 42.43 feet to an angle point;
THENCE South 0021'40" East a distance of 11.00 feet to the POINT Of BEGINNING and CONTAINING a226 acres of land, more or less as
surveyed by John nall jr. rpls M 1970 during the month of June and July 1002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 .1999 datum. To obtain
surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jnj.L-0089;
"Dedicated to Quality Service"
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DENTON
EXHIBIT -E-
Legal Description for a
Construction Easement out of the
MARY L. AUSTLN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEYA-4 in the City of DentDa, Denton County, Texas described by
deed recorded is Volume 937, Page 548, Deed Records, Denton County, Texas, and more particularly described as follows, -
BEGINNING at the southeast corner of herein described tract of land, said iron rod also being in the north right-ofway line of Spencer Road, and having
Texas Coordinate System, North Centra/Zone,1933.1999 coordinates of x - 2397304.50, y - 7120915.53 feet, from which a found 5/8"iron router
the southwest corner of a tract of land described by deed recorded in Volume 561, Page 464, Deed Records, Denton County, Texas, bears South 89059'
15"fart, 397.95 feet;
THENCE with said north right -of way line, North 89°2'20" West a distance of 40.00 feet to a paint for corner,•
THENCE leaving said north right of -war line, North 00037'40" fast a distance of 21.00 Ieet to a point for corner;
THENCE North 44027'20" West a distance of 42.43 feel to an angle point;
THENCE North 89 °2?'20" West a distance of 150.89 feet to an angle point;
THENCE South 45'31'30" West a distance of 42.43 feet to an angle point
THENCE South 0"1 '40" West a distance of 21.00 feet to a point for corner in said narth right-of-way line;
THENCE with said north righr-of way line, North 89',F'15" West a distance of 25.00 feet to a point for corner,
THENCE leaving said north right-of-way line, North 00057'40"East a distance of 91.31 feet to a point for corner;
THENCE South 892870"fast a distance of 11589 feet to an angle point,
THENCE South 34`40'48"fast a distance of 86.90 feet to an angle point:
THENCE South 00043'47" West a distance of 20.00 feet to the POINT OF BEGINNING and CONTAINING 0.309 acres of land, more or less as
surveyed by john pall jr. rpls # 1970 during the month of June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain
surface distances, multiply by 1. 00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jnj.L 0091:
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ATTACHMENT "B"
Parties to be Notified of Filing of Commissioners' Award with Judge of this Court
N. Alex Bickley
14200 Midway Rd., Suite 130
Dallas, TX 75244
Telephone: (972) 702-9930
Telecopy: (972) 702-9933
Attorneys to be Notified of Filing of Commissioners' Award with Judge of this Court
Kenneth D. Martin
Kenneth D. Martin & Associates, P.C.
1409 S. Lamar St.
Suite 216, L.B. 40
Dallas, TX 75215
Telephone: (214) 421-7080
Telecopy: (214) 421-7082
Rider Scott, Esq.
Thompson, Coe, Cousins & Irons, L.L.P.
700 North Pearl Street, Suite 2500
Dallas, Texas 75201-2832
Telephone: (214) 871-8200
Telecopy: (214) 871-8209
AWARD OF COMMISSIONERS — Page 6
Doc I D SCOTR-S 19941
8124-0002
CAUSE NO. ED-2003-01327
CITY OF DENTON, TEXAS
Plaintiff
V.
N. ALEX BICKLEY,
Individually and as trustee,
NEIL A. BICKLEY, RONALD WEST
ATKINS, BARBARA ATKINS,
WELLS FARGO BANK, N.A., and
CORA T. ROBERTS,
Defendants
FILE FOR RECORI
DENTON COUNtY CLERK
MAY 25 2004
rY M 1CHDEPUT'ELL
CONDEMNATION PROCE
FILED
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
WAIVER OF ISSUANCE AND EXECUTION OF WRIT OF POSSESSION
TO THE HONORABLE JUDGE OF SAID COURT:
The undersigned is the attorney of record for N. Alex Bickley, Neil A. Bickley, Ronald
West Atkins, and Barbara Atkins, Defendants in the above entitled and numbered cause. I am
authorized to sign this instrument on behalf of said Defendants. Defendants hereby waive
issuance and execution of a writ of possession for the property sought to be taken in these
proceedings in accordance with the Order Granting Possession entered by this Court on May 5,
2004.
SIGNED this day of 12004.
1
. Alex 91&kley /
14200 Midway Rd., Suite 130
Dallas, TX 75244
Waiver of Issuance and Execution of Writ of Possession - 1
ACKNOWLEDGMENT
SUBSCRIBED AND SWORN TO before me, the undersigned authority, by the said N.
�, ; 7d- �j
Alex Bickley on the ' may of / / j4 % 2004, to certify and witness my hand and
seal of office,
rhk d Ac.
Notary in and for the Stat of Texas
ftbolum My commission expires: /L — / L [
001" f2, 200f
Waiver of Issuance and Execution of Writ.of Possession - 2
11111111111111111
Recorded On: July 06, 2004
Parties: CITY OF DENTON
To
Comment:
Waiver 20.00
Total Recording: 20.00
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2004-88070
As
Waiver
** Examined and Charged as Follows: **
Billable Pages: 4
Number of Pages: 4
************ THIS PAGE IS PART OF THE INSTRUMENT ******"****
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2004-88070
Receipt Number: 122025
Recorded Date/Time: July 06, 2004 09:18A
User / Station: F Chenevert - Cash Station 4
Record and Return To:
CITY OF DENTON
601 E HICKORY STREET
STE B
DENTON TX 76205
THE STATE OF TEXAS }
COUNTY OF DENTON)
I hereby certify that this Instrument was FILED In the File Number sequence on the datettlme
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
County Clerk
Denton County, Texas
CAUSE NO. ED-2003-01327
CITY OF DENTON, TEXAS
Plaintiff
VA
N. ALEX BICKLEY,
Individually and as trustee,
NEIL A. BICKLEY, RONALD WEST
ATKINS, BARBARA ATKINS,
WELLS FARGO BANK, N.A., and
CORA T. ROBERTS,
Defendants
FILE FOR RECORD
DENTON COUNTY CLERK
MAY 0 5 2004
CYNT I MITCHELL
a DEPUTY
§ CONDEMNATION PROCEEDINGS
§ FILED
§ IN THE PROBATE COURT
§ OF DENTON COUNTY, TEXAS
ORDER GRANTING POSSESSION
D
The Court, having received the Notice of Deposit, filed with the Court on the 3RR day of
2004 and the Court being fully advised in the premises hereby approves the
contents of id Notice of Deposit and hereby makes the following findings and orders:
The Court hereby finds that:
Petitioner, the City of Denton, Texas, has deposited into the registry of the Court the full
Award of the Special Commissioners in the amount of one hundred sixty one thousand eight
hundred thirteen dollars ($161,813.00), payable to the Defendants, N. Alex Bickley, Individually
and as trustee, Neil A. Bickley, Ronald West Atkins, Barbara Atkins, Wells Fargo Bank, N.A.,
and Cora T. Roberts.
Petitioner, the City of Denton, Texas, has paid all costs adjudged against it in this
proceeding.
IT IS THEREFORE, ORDERED AND ADJUDGED that in compliance with Section
21.021 of the Property Code, Petitioner, the City of Denton, Texas, is entitled to take immediate
possession of the property sought to be taken in this proceeding for the purposes described in
Petitioner's First Amended Statement in Condemnation, which property is fully described in
Exhibit "A" attached hereto and made a part hereof by reference, and writ of possession is
ordered issued to the State of Texas and the City of Denton, Texas.
SIGNED this .rj4kday of 2004,
JUDGE SIDING
(019*;�
Order Granting Possession -LLDVN R. WINDLE, JUDGE
PROBATE COURT a
EXHIBIT °'A"
ElWSAMP IS FOR SCANNING
URPOSES ONLY.
ETEUISKIS SCANNWG
NLY.
EN
EXHIBIT "A --TRACT 1
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARYL. AUSTIN SURVEYA-4 In the City
of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records,
Denton County, Texas, and more particularly described as follows;
BEGINNING at a 112" iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract
described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having
Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41 feet;
THENCE: with the said common line, N 036 21' 24" E, a distance of 33.31 feet to a 518" iron rod set for a
comer,
THENCE: S 87' 56' 09" E, adistance of 216.24 feet to a point for a corner in the west fine of that tract
described by deed recorded at County Clerks File No 97-R-043235; from which a 518" iron rod set for the
beginning of a curve bears S8756'09 E, 15.0 feet;
THENCE: with the said line, S 01 "11 ' 39" E, a distance of 64.48 feet to a point for corner in the south line
of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County,
Texas;
THENCE. with the said south line, S 68° 37' 02" W, a distance of 222.06 feet to a point for comer, and the
southwest corner of said tract;
THENCE: N 03" 21' 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING
0.357 acres of land, more or less as surveyed by John nali jr riots #1970 during the months of June and
July 2002.
Bearings, Distances, and Coordinates shown hereon ale grid per the Texas Coordinate System, North
Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances
shown. Areas shown are surface.
See attached Survey Sketch jni.S-0009 1r
8 Bickley 45 acre 70.d5edicated to Quality Service"
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EXHIBIT 'A" -TRACT 2
Legal Descrlp0on for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEYA-4
Denton, Denton County, Texas
BEING all that certain parcel, tracL or strip of land our of the MARY L. AUSTIN SURVEY A•4 In the City of Denton, Denton County,
Texas described by deed recorded in Volume 967, Page 548, Deed Records, Denton County, Texas, and more particularly
described as follows;
Commencing at a 112" fron rod found far the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY ADDITION, an addition
to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton
County, Texas, and In the west line of that tract described by deed recorded in Volume 987, Page 548, Deed Records of Denton
County, Texas, having Texas Coordinate System, North Central Zone, 1983.1999 coordinates of x = 2395503.01 and y =
7120881.41faet;
THENCE: with the said common line, N 03' 21' 24"E, a distance of 33.31 feet to a Sr8"Iron rod SOW a comer,
THENCE: S 117' 56' 09' E, a distance of 231.28 feel to a Wit' Iron rod set for the beginning of a tangent curve to the left, having a
central angle of 07' 12' 27' and a radius of 2943.50 feet;
THENCE: with the sold curve, an arc distance of 370.28 feel to a 518' iron rod set for the end of said curve;
THENCE: N 84' 51' 24" E, a distance of 107.31 feet to a Sr8'Iron rod set for the beginning of a tangent curve to the right, having a
central angle of 05' 57' 23' and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98.76 feet to a 518"Iron rod set for the end of said curve;
THENCE S 89' 11' 13' E, a distance of 129.12 feet to a point for a comer In the east line of the tract described by deed recorded in
County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas, and the POINT of BEGINNING:
THENCE: S 89' 1 VW E. a distance of 124.04 feel to a W iron rod set for an angle point;
THENCE: N 89' 47' 15' E, a distance of 488.97 feet to a SM. Iron rod set for an angle point;
THENCE: S 89' 28' 20' E, a distance of 250.89 feet to a 5r8'iron rod set for an angle point;
THENCE: S 89' 59' 15' E, a distance of 358.42 feet to a 518" Iron rod set for a corner In the west line of that tract described by deed
recorded In Volume 561, Page 454,•Deed Records, of Denton County, Texas;
THENCE: with the said common line, S 02' 07' 26" E, passing at 35.6 feet a 112" iron rod at a fence fine feet lying 0.5 feet left or
line; passing at 60.0 reef the center of Spencer Road; in all a distance of 90.10 feet to a 112' iron rod found for the southeast comer
of said tract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas;
THENCE: with the south line of said tract, N 88' 38' 14" W, a distance of 1125.09 feet to a 112" iron rod found for an angle point;
THENCE; continuing with the said south fine, S 88' 37' 02" W, a distance of 99.00 feet to a point for comer, and the southwest
comer of said tract;
THENCE: N 03' 21' 24' E, a distance of 68.02 feet to the POINT OF BEGINNING and CONTA1NWG 2.152 acres of land, more or
less as surveyed by John nail jrrpls #1970 doting the months o7June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid perthe Texas Coordinate System, North Central Zone, 1983 -1999
datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jn,+.S-00091r
Blckley 45 acre Tr-2.d'Dedicated to Quality Service"
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EXHIBIT 'B'
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN S URVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of land out of the MARY L. AUSTIN SURVEY A-4 In the City of Denton,
Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas,
and more particularly described as follows;
Commencing at a 1/2" Iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat (hereof recorded In Cabinet
G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in
Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central
Zone, 1983-1999 coordinates of = 2395503.01 and y = 7120881.41feek
THENCE: with the said common line. N 03' 21'24"E, a distance of 33.31 feet to a 5/8" Iron rod set fora corner
THENCE: S 87"56' 09" E, a distance of 216.24 feet to a point for a comer, in the west line of that tract described by
deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT
OF BEGINNING:
THENCE: N 87" 56' 09' E, a distance of 15.04 feet to a 5/8" Iron rod set for set for the beginning of a tangent curve
to the left, having a central angle of 07' 12' 27" and a radius of 2943.50 feet;
THENCE: with the said curve, an arc distance of 370.28 feet to a 5/8" Iron rod set for set for the end of said curve;
THENCE: N 84' 51' 24" E, a distance of 107.31 feet to a 5/8" Iron rod set for the beginning of a tangent curve to the
right, having a central angle of 05' 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98,76 feet to a 5/8"Iron rod set for the end of said curve;
THENCE: S 89' 1 V 13" E, a distance of 129.12 feet to a point for a comer in the east fine of the tract described by
deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas;
THENCE: with the said line SOf 011'39"E, a distance of 60.02 feet to a point for a corner in the south line of the tract
described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas, -
THENCE. with the said fine, S 88' 37'02"W, a distance of 719.85 feet to a point for a comer;
THENCE: N 01011' 39" W, a distance of 64.48 feet to the POINT OF BEGINNING and CONTAINING 1.075 acres of
land, more or less as surveyed by john nafljr rpis #1970 during (he months dl June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central
Zone, 1963 -1999 datum. To obtain surface distances, multiply by 1,00015450 the distances shown. Areas shown
are surface
See attached Survey Sketch jnj.S-0009 3r
Atkins 10 acre.doc ••Dedicaled to Quality Service"
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EXHIBIT 'C"
Legal Description for a
Drainage Easement out of the
MARYL AUSTINSURVEYA-4
Denton, Denton County, Texas
BEING ad that certain parcel, tract, Of strip Of lard out of the MARY L AUS77N SURVEYA-4 in the City of Denton, Denton County, Texas described by
dead tecorded in Volume 9B7, Page 549 Deed Records, Oenron County, Texas, and more particularly described as fo0ows,•
BEGINNING at the southeast corner of herein described tract of lend, said point also being in the north right -al -way, line of Spencer Road, and having
Texas Coordinate System, North Central Zone,1983.1998 coordinates nix - 2397664.50, y - 7120925-90 feet, from which a found 518'hon red for
the southwest corner of a tract of land describedby deadrecorded in Volume 551, Page 464, Deed Records, Denton County, Texas, beers South 89°59'
15"Eest 397.95 feaC
THENCE with said north rtghl-of way fine, North 8978'20" West a distance at 210.89 feet to a point fat corner,•
TNENCEIsaving said north right-ol-way One, North 0003'40' fast a distance of 21.00 feet to a point for corner,•
THENCENorth 45°37'40'Fast a distance of 42.43. feet to an angle point, -
THENCE South 8978'20' East a dirtance of 150.89 feet to an angle point;
THENCE South 4478'20" East a distance of 42.43 feet to an angle poinC
THENCE South 001140" East a distance a121.00 feet to the POINT Of BEGINNING and CONTAINING 0.226 acres al land more or less as
surveyed by Jahn na0jr, rpls 91970 during the month of Jane and July 2002.
BEARINGS, Distances and Coordinator shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983.1999 datum. To obtain
suffice distanCos, multiply by1.000t5450the distantoshown. A fees she wa are surface.
See attached Survey Sketch W.L.0089,•
"Dedicated to Quality Service"
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EXHIBIT "E-
Legal Description fora
Construction Easement out of the
MARYL AUSTINSURVEYA-4
Denton, Denton County, Texas
BEING aR that certain parcel, tract, or strip of land out of the MARY I. AUSTIN SURVEY A•4 in the City of Denton, Denton County, Texas desuzed by
deed recorded in Volume 987, Page 54B, Deed Records, Denton County, Texas, and more particularly described as Wows;
BEGINNING at the southeast corner of herein described tract ofland, said itan rod alro being in the north right•of-way line of Spencer Road, and having
Texas Coordinate System, North Central lone, 1983.1999 coordinater of x - 2397304.50, y - 7120925.53 feet from which a found 5/8"iion rod far
the southwest corner of a tract of land described by deed tecorded in Volume 561, Page 484, Deed Records Denton County, Texas, bears South 88.59'
15-East, 397.95 heat,'
THENCE with said north right•o/way One, North 89°2120" Wert a distance of 40.00 feet to a point for cornet,•
TN£NCElea ving said north nght•ol-way line, North 00°3140" fasts distance of 21.00 feet to a point for cornet•
THENCE North 4402 10" West a distance of 41.43 feet to an angle paint,•
THENCE North 89621'20" West a distance of 150.89 feet to an angle point,•
THENCE South 453130" West a distance of 42.43 teal to an angle point,,
THENCE South 0031'40" West a distance of 21.00 feet to a point for corner in said north fight -of -way hne;
THENCE with said north right-ol-way fine, North 8964'15" Waste distance of25.00 feet to a point for corner
THENCE having said north ffght•of•woy line, North 00° WO"East a distance of 91.32 feet to a point ter corner;
THENCE South 897870' East a dstance of 225.89 feet to an angle point,•
THENCE South 34'40'48" East a distance of 85.90 feet to an angle paint;
THENCE South 00"49'47' West a distance of 20.00 feet to the Pow OF BEGINNING and CONTAINING 0.308 acres of land, more or less as
surveyed by John nallii rpls 01970 during the month olJune and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central lane, t983 .1999 datum. To obtain
surface distances multiply by 1.00015450 the distances shown. Areas shown are surface.
See attached Survey Sketch jnJf •0091;
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ATTACHMENT "B"
Parties to be Notified of Filing of Commissioners' Award with Judge of this Court
N. Alex Bickley
14200 Midway Rd., Suite 130
Dallas, TX 75244
Telephone: (972) 702-9930
Telecopy: (972) 702-9933
Attorneys to be Notified of Filing of Commissioners' Award with .fudge of this Court
Kenneth D. Martin
Kenneth D. Martin & Associates, P.C.
1409 S. Lamar St.
Suite 216, L.B. 40
Dallas, TX 75215
Telephone: (214) 421-7080
Telecopy: (214) 421-7082
Rider Scott, Esq.
Thompson, Coe, Cousins & Irons, L.L.P.
700 North Pearl Street, Suite 2500
Dallas, Texas 75201-2832
Telephone: (214) 871-8200
Telecopy: (214) 871-8209
AWARD OF COMMISSIONERS —Page 6
D% ID SCUM-819941
8124-ODD2
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S:Wm W=9.WWadw-=Wftdd% Ww dadku .dw
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. N. ALEX
BICKLEY, ET AL., CAUSE NO. ED-2003-01327 PENDING IN THE PROBATE COURT OF
DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled The City f Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-
2003-01327 pending in the Probate Court of Denton County, Texas is hereby authorized to be paid
into the Registry of the Probate Court.
SECTION 2. That this ordinance
approval.
PASSED AND APPROVED this
ATTEST:
JENNIFER WALTERS, CITY
APPRISM AS TO LEGAL FORM:
HER13ERT L. PROUTY, CITY ATT(
M
-C�
become effective immediately upon its passage and
v4dday of , 2004.
64 CL
EULINE BROCK, MAYOR
fzOTCA -ro
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CERTIFIED COPY CERTIFICATE
STATE OF TEXAS, COUNTY OF DENTON
1, CYNTHIA Mil CHELL, County Clerk of Denton County,
Texas do hereby certify that this is a true & correct
cojos--
same appears of record in my offlee.
s and and seal of oice on
„ w Cynthia Mitch II
((_ Denton County Clerk
JA_ By Deputy-
Recorded On: July 06, 2004
Parties: CITY OF DENTON
To
Comment:
Order 42.00
Total Recording: 42.00
Denton County
Cynthia Mitchell
County;Clerk.
Denton, TX I 76202
Instrument Number: 2004-88062
As
Order
** Examined and Charged as Follows: **
Billable Pages: 15
Number of Pages: 15
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: RI cord and Return To:
Document Number: 2004-88062
Receipt Number: 122022 CITY OF DENTON
Recorded Date/Time: July 06, 2004 09:15A 601 E HICKORY STREET
DENTON TX 76205
User / Station: F Chenevert - Cash Station 4
THE STATE OF TEXAS)
COUNTY OF DENTON)
I hereby certify that this Instrument was FILED in the File Number sequence on the datelame
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
County Clerk
Denton County, Texas