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HomeMy WebLinkAbout2001-209S \Dor Docameme\0N1nmwA014d m=n awmd ordinance doo ORDINANCE NO 01 01— Ai 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 STATE OF TEXAS AND CITY OF DENTON, TEXAS V R D MARTIN, CAUSE NO ED-2000-01212 IN AN AMOUNT NOT TO EXCEED $24,535, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Award of Special Commissioners in condemnation proceeding styled The State of Texas and the City of Denton, Texas v R D Martin, Cause No ED-2000-01212 pending in the Probate Court of Denton County, Texas in the amount of $24,535 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 L� PASSED AND APPROVED this the 5� day of 2001 ATTEST, JENNIFER WALTERS, CITY SECRETARY :OVED AS TO LEGAL FORM 3ERT L P DUTY, Y ATTORNEY 4894 03��8 Ell a-11nnrig AUG 2 8 200;`��/✓29 CITY OF DENTOT � Nr EII�� o CAUSE NO ED-2000-01212 LEOA� D ,' 4�+ 'A1j4C �a l sx THE STATE OF TEXAS and § CONDEMNATION PROCEEDINGS CITY OF DENTON, TEXAS § FILED ©f Plaintiffs § § IN THE PROBATE COURT v § R D MARTIN, § Defendant § OF DENTON COUNTY, TEXAS *Up (ENT OF COURT IN ABSENCE OF OBJECTIONS That on this date there came on to be heard and considered the Award of the Special Commissioners filed on the 10 day of May, 2001 with the Judge of said Court under the above styled and numbered proceedings in eminent domain, in which the State of Texas and the City of Denton, Texas, a municipal corporation, are Plaintiffs and R D Martin is Defendant It appears to the Court, and it is so found, that Defendant was served with notice of the time and iplace of the Special Commissioners Hearing in the time and manner required by law, was given notice of the decision and Award of the Special Commissioners by the Court Clerk in the time and manner required by law, that said Award was filed with the Court as required by law, and that no objections to said Award were filed with the Court within the time required by law It is, therefore, ORDERED, ADJUDGED and DECREED by the Court as follows I That said Award of Special Commissioners be, and the same is hereby, made the Judgment of this Court 2 That the Clerk of this Court record said Award in the minutes of this Court 3 That by virtue of said Award of Special Commissioners, the State of Texas and the City of Denton, Texas, are entitled to condemn, and do hereby have Judgment against the `4894 03689 said Defendant for the hereinafter described property, for public street right-of-way, visibility, access, utilities and maintenance purposes, with fee simple title thereto vesting in the State of Texas, which property is situated in the City of Denton, Denton County, Texas and described as follows BEING A 0 272 ACRE PARCEL OF LAND SITUATED IN THE B B B& C R R SURVEY, ABSTRACT NO 186, IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO R D MARTIN BY 3178, PAGE 886, OF THE DEED RECORDS OF INSTRUMENT OF RECORD IN VOLUME 272 ACRE TRACT COUNTY, TEXAS IDRI)CT") SAID PARTIOCULARLY DESCCRIBED(BY METES AND 13O0UNDS AS FOLLOWS BEING MORE COMMENCING for reference at a '/2-inch iron rod found at the southeast corner of said R D Martin tract, same being the southwest comer of a called 559truacreent tract record in Voliunconveyed to Jerry Ray Martin acid Queva E Martin ("Queva Martin tract") by 178, page 918 DRDCT, THENCE N 01' 34' 17" E, along the common line between said R D Martin tract and said Queva Martin tract, a distance of 254 21 feet to a set 5/8-inch iron rod with an aluminum disk marked Texas Department of Transportation ("TXDOT'j for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S Highway 77, (1) THENCE N 580 11' 37" W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 216 35 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT in the common Martin � ne n b between instrument o reccord in Fife Number 95-R0052281 DRDCTn tract and a called 1559 acre tract conveyed to Jerry Y (2) THENCE N 010 34' 17" E, along said common line, a distance of 63 16 feet to a'/2- inch iron rod found for the northwest comer of said R D Martintract, the same being in the existing southwesterly right-of-way line of U S Highway 77, (3) THENCE S 58° 15' 32" E, along the northerly line of said R D Martin tract and the existing southwesterly right-of-way line of said U S Highway 77, a distance of 216 21 feet to a /2-inch iron rod found at the northeast corner of said R D Martin tract, same being the northwest corner of said Queva Martin tract, (4) THENCE S 01- 34' 17" W, along said common line, a distance of 63 44 feet to the POINT OF BEGINNING, and containing 0 2are feet, more or less of land area withm these metes and bounds (the "Rrght -of-Way Property AND judgment for the hereinafter described property for an easement into the City of Denton, Texas for utility purposes JUDGMENT — Page 2 1.1 7+894 03690 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO R D RTIN RECORDED IN VOLUME 3178, PAGE 886, REAL PROPERTY RECORDS OF MA MA TIN COUNTY, TEXAS (")RPRDCT' , AND BEING SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS the line on to BEGG at a point in d RI D�Martm tract (west lin) tract and aconveyed to Jerry Ray Martin, e new south right-of-way line of U S 77 and recorded inVolume 3178, Page 918 of the RPRDCT, THENCE S 580 11' 37" E, along the new south nght-of-way line of U S 77, a distance of 265 35 feet to a point for a comer in the line common noes said een of cord artin tract Filet Number the tract conveyed to Jerry Ray Martin (west line), by R0052281, RPRDCT, THENCE S 010 34' 17" W, along a line common to said R D Martin tract and said Jerry Ray Martin tract, a distance of 23 15 feet to a point for a corner, THENCE N 580 11' 37" W, 20 feet south of and perpendicular to the new south right-of-way line of U S 77, a distance of 216 35 feet to a point on the line common to said R D Martin tract (west line) and the said Jerry Ray Martin tract (east line), THENCE N 010 03' 34" E, along the line common to said R.D Martin tract and said Jerry Ray Martin tract, a distance of 23 15 feet to the POINT OF BEGINNING, and containing 0 0993 acres of land, more or less (the "Utility Easement") (The Right -of -Way Property and Utility Easement are hereinafter collectively called the "Property" ) 4 That all liens and encumbrances held by or inuring to the benefit of Defendant are hereby released and extinguished from the Property 5 That the City of Denton, Texas has deposited into the Registry of the Court the full amount of the said Award of Special Commissioners in the sum of twenty four thousand five hundred thirty five dollars ($24,535 00), payable to Defendant as required by said Award and therefore the State of Texas and the City of Denton, Texas are entitled to immediate possession and it is therefore ordered that all appropriate processes, including a writ of possession be issued on behalf of the State of Texas and the City of Denton, Texas JUDGMENT —Page 3 1894 03691 6 The Court hereby orders the clerk of the court to distribute said $24,535 00 sum to Defendant, R.D. Martin 7 That the costs of said eminent domain proceedings are adjudged against the City of Denton, Texas as provided by said Award, winch costs have been fully paid and the Petitioners have fully performed under this judgment Therefore, no execution shall issue SIGNED this / day of i1 2001 • JUDa—rGvEpRIE; vS, ITDING s yomnacw�mna+rw+la+vavn� aWudimeniaoc wivii of ni,wFTrn I(noi- ,IVEOI TI XAS('OIINIY-)FUFi� )h C YNTHIAMITCHFII C conty(I( rkofbenui, ,,ay roxns do hereby certify that this Is a true & cone( ^opy as same appears of record m my off is Nifnoss m hand and seal of offrra 1" - o/ p4 QiA�gNC Cynthia �� Qs Denton By Depl JUDGMENT — Page 4 320MERNME CYNTHIASg MITCHLL X COUNTY CLERK OnAtRug=30pm00t Receipt N: 39722 .00 Recording: 16.89 Doc/Mgmt Doc/Mum 2001-R�56 JDL Doc/Type Deputy _Jane AU C USN IUJUUW I TC%A5 1�' v � 1J 5 hc�� C FuYd V� rk �t