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Home My WebLink About2001-241S \Our Documente0dinows\01\1ex nwnn amendment doe ORDINANCENO AN ORDINANCE AMENDING ORDINANCE NO 2001-210 AUTHORIZING THE 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 TEX MORGAN MARTIN, CAUSE NO ED-2000-01211 AND IN AN AMOUNT NOT TO EXCEED $39,990, AND DECLARING AN EFFECTIVE DATE WHEREAS, Ordmance No 2001-210 contained a typographical error which authorized the payment of the Award of Special Commissioners into the registry of the Probate Court in an amount not to exceed $39,900, when the amount of the Award was $39,990, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 2001-210 is hereby amended to authorize payment of the Award of Special Commissioners in condemnation proceeding styled The State of Texas and the City of Denton, Texas v Tex Morgan Martin, Cause No ED-2000-01211 pending in the Probate Court of Denton County, Texas in the amount of $39,990 into the Registry of the Court SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the / t — day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY( -I. n, tlo _14 lzh'- APPAOVED AS TO LEGAJ, FORM HERBERT L P"UTY, OTY ATTORNEY m 4894 03693 CAUSE NO ED-2000-01211 ®-pry"r-I iJ r.D THE STATE OF TEXAS and § CONDEMNATION PROCEEDINGS CITY OF DENTON, TEXAS § FILED Plaintiffs § ��I"� FOR E;E��6�D § DINION COUNIY CLLRK v § IN THE PROBATE COURT § )lli a 7001 TEX MORGAN MARTIN, § ((,, pp Defendant § OF DENTON COUNTY, TEXASI� I 'HELL oEPunr JUDGMENT 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 141h 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 Tex Morgan Martin is Defendant It appears to the Court, and it is so found, that Defendant was served with notice of the time and place 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 1 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 4894 03694 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 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 0 451 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288, AND 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 TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS ("DRDCT") SAID 0 451 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest corner of the Tex Morgan Martin tract, the same being the southeast corner of a called 1 559 acre tract conveyed to Jessie M Annear by instrument of record in volume 3178, page 910 DRDCT, from which a %2-inch iron rod found bears S 00" 19' 27" W, a distance of 1 13 feet, THENCE N 010 03' 34" E, along the common line between said Tex Morgan Martin tract and said Jessie M Annear tract, a distance of 247 30 feet to a set 5/8-inch iron rod with an aluminum disk marked Texas Department of Transportation ("TXDOT") for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S Highway 77, (1) THENCE N 01° 03' 34" E, continuing along said common line, a distance of 62 62 feet to a '/2-inch iron rod found at the northwest corner of said Tex Morgan Martin tract, same being in the existing southwesterly nght-of-way line of U S Highway 77, (2) THENCE S 580 15' 32" E, along the northerly line of said Tex Morgan Martin tract and along said right-of-way line, a distance of 363 13 feet to a '/2-inch iron rod found for the northeast corner of said Tex Morgan Martin tract, same being the northwest corner of a called 1 559 acre tract conveyed to Jerry Ray Martin by instrument of record in File Number 95- R0052281 DRDCT, (3) THENCE S 01- 03' 34" W, along the common line between said Tex Morgan Martin tract and said Jerry Ray Martin tract, at distance of 63 11 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT for the new southwesterly right-of-way line of U S Highway 77, JUDGMENT — Page 2 4894 03695 (4) THENCE N 58° 11' 37" W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 363 38 feet to the POINT OF BEGINNING, and containing 0 451 acre of land, 19,632 square feet, more or less of land area within these meets and bounds (the "Right -of -Way Property") AND judgment for the hereinafter described property for an easement into the City of Denton, Texas for utility purposes BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN RECORDED IN VOLUME 3178, PAGE 898, REAL PROPERTY RECORDS OF DENTON 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 COMMENCING at the southwest corner of said Martin tract, same being the southeast comer of a tract conveyed to Jessie M Annear, recorded in volume 3178, Page 910 of the RPRDCT, THENCE N 010 03' 34" E, along the line common to said Martin tract (west line) and to said Annear tract (east line), a distance of 247 30 feet to the POINT OF BEGINNING, said point being in the new south right-of-way line of U S 77, THENCE S 580 11' 37" E, along the new south right-of-way line of U S 77, a distance of 363 38 feet to a point for a corner in the line common to said Tex Morgan Martin tract (east line) and a tract conveyed to Jerry Ray Martin (west line), by instrument of record in File Number 95- R0052281, RPRDCT, THENCE S 010 03' 34" W, along the line common to said Tex Morgan Martin tract and said Jerry Ray Martin tract, a distance of 23 27 feet to a point for a comer, 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 363 38 feet to a point for a corner on the line common to said Martin tract (west line), and said Annear tract (east line), THENCE S 010 03' 34" W, along the line common to said Martin tract and to said Annear tract, a distance of 23 27 feet to the POINT OF BEGINNING, and containing 0 1668 acres of land, more or less (the "Utility Easement") AND judgment for the hereinafter described property for an easement into the State of Texas for dramage� purposes BEING A 0 005 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED JUDGMENT — Page 3 4894 03696 RECORDS OF DENTON COUNTY, TEXAS ("DRDCT") SAID 0 005 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest corner of the Tex Morgan Martin tract, the same being the southeast corner of a called 1 559 acre tract conveyed to Jessie M Annear by instrument of recoid in Volume 3178, page 910, DRDCT, fiom which a'/z-mch iron rod found bcais S 00" 19' 27" W, a distance of 1 13 feet, THENCE N 01" 03' 34" E, along the common line between said Tex Morgan Martin tract and said Jessie M Annear tract, a distance of 216 46 feet to a set 5/8-mch iron rod with an aluminum disk marked Texas Department of Transportation ("TXDOT") for the POINT OF BEGINNING, (1) THENCE N Ol" 03' 34" E, continuing along said common line, a distance of 30 84 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT in the new south right-of- way line of U S Highway 77, (2) THENCE S 58" 1 V 37" E, along said new right-of-way line, a distance of 15 71 feet to a set 5/8-inch iron rod with an aluminum disk marked TXDOT, (3) THENCE S 31" 41' 32" W, crossing a portion of said Tex Morgan Martin tract, a distance of 26 50 feet to the POINT OF BEGINNING, and containing 0 005 acres of land, 208 square feet, more or less of land area within these metes and bounds (the "Drainage Easement") (The Right -of -Way Property, Utility Easement, and Drainage 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 thirty nine thousand nine hundred ninety dollars ($39,990 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 6 The Court hereby orders the clerk of the court to distribute said $39,990 00 plus interest to Defendant, Tex Morgan Martin JUDGMENT - Page 4 4894 03697 7 That the costs of said eminent domain proceedings are adjudged against the City of Denton, Texas as provided by said Award, which costs have been fully paid and the Petitioners have fully performed under this Judgment Therefore, no execution shall issue SIGNED this 3 1/ 1 day of 4 I-1f , 2001 1 S \Our Tnyudymem dm I+1114 M oily ('f iiTlf I(AIL �I TFOf 11 XA, ( OUN fY C,F LA- aIUN ( VNTH1AMIT( I'C I I C nority Clerk of Ueittoi� uoily CPxas do hereby cedifyIhat this Is a true R corre( r ^opy ns same 3ppoars of record in my offl( e Witness heend seal of office nl, nr Cynthia Mdchcll nn1 by JUDGMENT — Page 5 4894 03698 ,a �4 OLidIOIV 6. W�IY 7L`U" CVNTHICMITC4LGA L,� ACOUNTY CLERK On At 2Augg 06:30pm 2001 Receipt 8: 39722 Recordtng: 15.00 Doc/Mgmt : 6.00 Doc/Num : 2001-R0079757 Doc/Type • JDL Deputy -Jane CGrA VQ-,LJ% LM r Ct-- al5