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Home My WebLink About2001-242S \Our DocumenU\0rdmancm\0Nadeghmn award ordinance doc ORDINANCE NO DO 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 KOSHROW SADEGHIAN, CAUSE NO ED-2001-00356, 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 State of Texas and the City of Denton, Texas v Koshrow Sadeghian,i Cause No ED-2001-00356 pending in the Probate Court of Denton County, Texas in the amount of Award 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 day of 2001 EULINE BROCK, MAYOR ATTEST JEN IN�I�F1ER WALTERS, CITTY /SJECRETARY BY \ Y/Wni1 /0 _I )191",Dw APPROVED AS TO LEGAL f ORM HERBERT L BROUTY, COY ATTORNEY CAUSE NO ED-2001-00356 VILS IF0 0 'geoWD oElyzoN THE STATE OF TEXAS and § CONDEMNATION PRO IN601 CITY OF DENTON, TEXAS § FILED to TJoA I Plaintiffs § CY T DEp0" v § IN THE PROBATE CD KOSHROW SADEGHIAN, § Defendant § OF DENTON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 281h day of June, 2001, in the City of Denton, Denton County, Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three (3) 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 Petitioners, the State of Texas and the City of Denton, Texas, a home -rule municipal corporation, situated in Denton County, Texas Also came Defendant as hereinafter mentioned, and all parties having announced ready, the Commissioners proceeded to hear evidence and arguments of the parties, and made the following findings I That on the 26`h day of March, 2001, the City of Denton, Petitioner, filed its Statement in Condemnation (the "Statement') In the Statement, Petitioner, upon the facts and for the purposes therein stated, seeks judgment vesting in the State of Texas fee simple title in certain real property as described below Said real property is situated within the corporate limits of the City of Denton, Denton County, Texas, and being more particularly described as follows BEING 0 574 ACRES OF LAND SITUATED IN A CALLED 1 237 ACRE TRACT, DESCRIBED IN INSTRUMENT TO KOSHROW SADEGHIAN, AS RECORDED IN COUNTY CLERK'S NUMBER RO-0057477, DEED RECORDS OF DENTON COUNTY, TEXAS ("DRDCT"), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 5/8-mch iron rod at the northeast corner of a called 0 529-acre tract of land, conveyed to Marie Elizabeth Sasso, recorded in Volume 2249, Page 600, DRDCT, and at the northwest comer of a tract of land conveyed to Kenneth L Davidson and wife, Helen L Davidson, recorded in Volume 584, Page 326, DRDCT, THENCE S 350 42' 49" W, along the common property line of said Sasso and Davidson tracts, a distance of 154 48 feet to a set 5/8-inch iron rod with an aluminum cap on the new north right of way ]me of U S 77, THENCE N 580 1 l' 36" W, along the new north right of way line of U S 77, a distance of 84 48 feet to a set 5/8-inch iron rod with an aluminum cap, THENCE N 240 47' 3 1 " W, along the new north right of way line of U S 77, a distance of 21 16 feet to a set 5/8-inch iron rod with an aluminum cap on the line common to said Sasso tract and said Sadeghian tract and the POINT OF BEGINNING, (1) THENCE S 35° 19' 44" W, along a line common to said Sadeghian tract and said Sasso tract, a distance of 36 88 feet to a found %2-inch iron rod, same being a point on the existing north right of way line of U S 77, and on the south line of said Sadeghian tract, (2) THENCE N 570 56' 00" W, along the existing north right of way line of U S 77, a distance of 427 65 feet to a found 1/2-inch iron rod for the southwest corner of said Sadeghian tract, same being a point on the existing north right of way line of U S 77, and near the centerline of Riney Road, (3) THENCE S 88° 51' 44" E, along the north line of said Sadeghian tract, a distance of 45 53 feet to a set PK nail with shiner said point being in the new north right of way line of U S 77, (4) THENCE S 580 11' 36" E, with the new north right of way line of U S 77, a distance of 243 82 feet to a set 5/8-mch iron rod with an aluminum cap, (5) THENCE N 88° 24' 25" E, with the new north right of way line of U S 77, a distance of 50 83 feet to a set 5/8-mch iron rod with an aluminum cap at the beginning of a circular curve to the left having a radius of 340 00 feet, (6) THENCE along said curve to the left with the new north right of way line of U S 77, through a central angle of 211 14' 20", an arc distance of 126 03 feet, and having a chord which bears N 140 27' 20" E, a distance of 125 31 feet to a PK Award of Special Commissioners — Page 2 nail set on the north line of said Sadeghian tract, and near the center line of said road, (7) THENCE S 88° 51' 44" E, along the north line of said Sadeghian tract and the new north right of way line of U S 77, a distance of 80 07 feet to a set PK nail and being in a non -tangent circular curve to the right having a radius of 420 00 feet, (8) THENCE with the new north right of way line of U S 77 and along said curve to the right, through a central angle of 23' 06' 35", an are distance of 169 40 feet, and having a chord which bears S 14' 52' 36" W, a distance of 168 26 feet to a set 5/8-inch iron rod with an aluminum cap, (9) THENCE S 24° 47' 3 1 " E, with the new north right of way line of U S 77, a distance of 28 74 feet to the POINT OF BEGINNING and containing 0 574 acres, or 25,020 square feet of land, more or less, of which 1,082 square feet reside in the prescriptive right of way of Riney Road Hereinafter the "Property" II That upon consideration of the Statement, duly filed with the Court, the Judge of said Court, did appoint Tom Jester, Kirk Wilson, and C R "Rick" Woolfolk, Jr as Special Commissioners to assess damages caused by the taking of the Property Thereafter Tom Jester and C R "Rick" Woolfolk, Jr resigned and W P "Phil" Philips and Chris Raesz were appointed as substitute Special Commissioners (called the "Special Commissioners" ) III 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 28`h day of June, 2001, at 9 00 a in in the City Council Work Session Room in City Hall, 215 East McKinney, in the City of Denton, Denton County, Texas, as the date, time, Award of Special Commissioners — Page 3 and place for hearing said Statement and the parties, said date being the earliest practical time and such place being in the County in which the Property is situated V That the Special Commissioners issued a written notice of such date, time and place of the hearing and the Defendant, Koshrow Sadeghian, was duly served with such notice and notified in the time and manner required by law of such hearing and the time and place thereof VI That on the 28ih day of June, 2001, said Special Commissioners did convene and the following named parties appeared in person or by their attorneys Edwin M Snvder, attorney for the City of Denton and the State of Texas, Petitioners and announced ready for such hearing and said Special Commissioners proceeded to hear evidence as to the damages to be sustained by the owner 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, Award of Special Commissioners — Page 4 Petitioner, to Defendant, Koshrow Sadeghian, is in the amount of Seupu A 7fno�u6�yv 2 The costs of these proceedings are adjudged against i16L,Ck SIGNED THIS THE 2 v day of June, 2001 SPECIAL COMMISSIONERS l I W P "Phil' Phil(es c C Chris Raesz lid 4— Kirk Wilson The foregoing Award of Special Commissioners was filed wrt me the Presiding Judge of the Probate Court of Denton County, Texas, on the c-) `4JNday of ( 2001 Ile JUDGE PRES s Our C d,.91 nW-ddoe Award of Special Commissioners — Page 5