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Home My WebLink About2004-2535 \Our Documents\Ordinances\04\wobki I 1 am award ordinance.doc ORDINANCENO. 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. ED WOLSKI, ET AL., CAUSE NO. ED-2003-01178 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 Correction Award of Special Commissioners, attached hereto as Exhibit "A", in condemnation proceeding styled The City of Denton, Texas v. Ed Wolski, et al., Cause No. ED-2003-01178 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. If — PASSED AND APPROVED this the Tat day of /%Z 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY.IVA- lJ APP OVED S TO LEGAL FORM: HERBERT L. PR V, TY, CITY ATTORNEY BY: CAUSE NO. ED-2003-01178 CITY OF DENTON, TEXAS § CONDEMNATION PROCEEDINGS Plaintiff § FILED § V. § ED WOLSKI, TRUSTEE, VIRGINIA § IN THE PROBATE COURT FRYMAN, MARGARET RUSSELL, § VELMA EDITH CAMPBELL, BETTY § DURHAM, RICHARD CLAYTON § DURHAM, AND DEVON ENERGY § OPERATING COMPANY, L.P. § Defendants § OF DENTON COUNTY, TEXAS CORRECTION AWARD OF SPECIAL COMMISSIONERS On August 25, 2004 the special commissioners in this condemnation proceeding signed the Award of Special Commissioners (the "Award") which was duly filed with the Judge of said court on August 26, 2004. It has come to the commissioners' attention that there was an inadvertent error in the legal description of the property being condemned in that the two line call on page 3 of this Correction Award of Special Commissioners (the "Correction Award") which is in bold type was not included (the "Omitted Call"). The legal description of the subject property in the Statement of Condemnation is correct as it contains the Omitted Call. This Correction Award is being signed by the conunissioners for the sole purpose of correcting the legal description of the subject property to conform to the Statement of Condemnation so as to include the Omitted Call. In all other respects this Correction Award is the same as the Award. On the 25th day of August, 2004, in the City of Denton, Denton County, Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disinterested freeholders of Denton County, Texas, heretofore appointed as Special Commissioners, by the Judge of the Probate Court of Denton County, Texas to assess damages caused by these proceedings, and came the Petitioner, the City of Denton, Texas, a home -rule municipal corporation, situated in Denton County, Texas. Also came Defendants as hereinafter mentioned, and all parties having announced ready, the Commmissioners proceeded to hear evidence and arguments of the parties, and made the following findings: I. That on the 15"' day of September, 2003, the City of Denton, Petitioner, filed its Statement in Condemnation, which was subsequently amended, with Petitioner's First Amended Statement in Condemnation being filed on or about May 26, 2004 (the "Statement"). In the Statement, Petitioner, upon the facts and for the purposes therein stated, seeks judgment vesting in the City of Denton, Texas fee simple title in that certain tract or parcel of land containing 11.441 acres, together with improvements thereon and appurtenances thereto (the "Property") as more particularly described below, save and except oil and gas interests, of the owners of said oil and gas interest but without having the right to use the surface of the property for the extraction of such oil and gas interests: FIELD NOTES to all that certain tract of land situated in the J. Scott Survey, Abstract Number 1222 in the City and County of Denton, Texas and being a part of the called 125.6898 acre tract described in the deed from G.C. Ledyard, Jr., Trustee to Ed Wolski, Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein at a P.K. nail set for the most Northerly Northwest corner of said 125.6898 acre tract in Jim Christal Road in the apparent North line of said Survey at the Northeast comer of a called 5.000 acre tract III described in the deed to Ed Wolski, Trustee recorded in Volume 2886 Page 224 said Real Property records; THENCE North 89 Degrees 58 Minutes 45 Seconds East with said North line in said Road a distance of 207.40 feet to a P.K. nail set for the Northeast comer of the herein described tract; Award of Special Commissioners — Page 2 THENCE South 08 Degrees 37 Minutes 50 Seconds West a distance of 1089.00 feet to a capped iron rod set for the Southeast corner of the herein described tract, in the North line of a called 16.174 acre City of Denton tract described in the instrument filed under Clerk's File Number 94-R0071011 Real Property Records; THENCE North 89 Degrees 52 Minutes 36 Seconds West with the North line of said 16.174 acres a distance of 578.22 feet to a capped iron rod set on the East line of Masch Branch Road; THENCE North 00 Degrees 02 Minutes 12 Seconds East along the East line of said Road a distance of 679.15 feet to a capped iron rod set for the Northwest comer of the herein described tract and in the South line of said 5.00 acre tract; THENCE North 89 Degrees 58 Minutes 52 Seconds East with the South line thereof a distance of 533.80 feet to a found'/2" iron rod for the Southeast corner of said 5.000 acres; THENCE North with the East line thereof a distance of 396.02 feet to the PLACE OF BEGINNING and enclosing 11.441 acres of land. The Property is being acquired for Denton Municipal Airport expansion purposes. II. That upon consideration of the Statement, duly filed with the Court, the Judge of said Court, did appoint Greg Boling, Larry Collister, and Miller Davidge as Special Commissioners to assess damages caused by the taking of the Property (called the "Special Commissioners" ). Q Thereafter, the said Special Commissioners, qualified as such, each took the Oath prescribed by law, which Oaths are on file with the papers in this cause. IV. That after having so qualified, said Special Commissioners by written order, designated and appointed the 25°i day of August, 2004, at 9:00 a.m. in the City Hall Work Session Room at City Hall, 215 East McKinney, Denton, Denton County Texas, as the date, time, and place for hearing said Statement and the parties, said date being the earliest practical time and such place being in the Cormty in which the Property is situated. Award of Special Commissioners — Page 3 V. That a written notice of such date, time and place of the hearing was issued by the Special Commissioners and the Defendants, Ed Wolski, Trustee, Virginia Fryman, Margaret Russell, Velma Edith Campbell, Betty Durham, Richard Clayton Durham, and Devon Energy Operating Company, L.P., were duly served with notice and notified in the time and manner required by law of such hearing and the time and place thereof. VI. That on the 25t' day of August, 2004, said Special Commissioners did convene and the following named parties appeared in person or by their attorneys: Edwin M. Snyder, attorney for the City of Denton, Petitioner Ken Wright, Attorney for Virginia Fryman Tom Dirickson, Attorney for Ed Wolski, Trustee and announced ready for such hearing and said Special Commissioners proceeded to hear evidence as to the damages to be sustained by the owners or parties having an interest in the Property by reason of the taking of the Property. After hearing and considering the evidence, said Special Commissioners did find and determine and accordingly assess damages to be paid by the City of Denton, Texas, according to the rules of damages set forth in Title 4, Chapter 21 of the Texas Property Code as follows: 1. Total damages to be paid, including damages to the remainder if any, by City of Denton, Petitioner, jointly to Defendants Ed Wolski, Trustee, Virginia Fryman, Margaret Russell, Velma Edith Campbell, Betty Durham, Richard Clayton Durham, and Devon Energy Operating Company, L.P., is in the amount of Two Hundred Ten Thousand Dollars and 00 cents ($210,000.00). The above award is apportioned as follows: Award of Special Commissioners — Page 4 Ed Wolski, Trustee: $105,000.00 Virginia Fryman: $105,000.00 Margaret Russell, Velma Edith Campbell, Betty Durham, Richard Clayton Durham: $0 Devon Energy Operating Company, L.P.: $0 2. The costs of these proceedings are adjudged against the City of Denton. SIGNED THIS THE 30"' day of August, 2004. SPECIAL COMMISSIONERS 9� Greg Boling V's A11 :0 Miller Davidge The foregoing Correction Award of Special Commissioners was filed with me the Presiding Judge of the Probate Court of Denton County, Texas, on the day of .2004. JUDGE PRESIDING Award of Special Commissioners — Page 5