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Home My WebLink About2001-320ORDINANCE NO 0? OO / 36�? O AN ORDINANCE AUTHORIZING SETTLEMENT OF LITIGATION STYLED THE STATE OF TEXAS AND THE CITY OF DENTON V KOSHROW SADEGHIAN, CAUSE NO ED-2001-00356 CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED AGREED JUDGMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT, AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE $79,000 00 PREVIOUSLY DEPOSITED INTO THE REGISTRY OF THE PROBATE COURT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the settlement of litigation styled The State of Texas and the City of Denton v Koshrow Sadeghian, Cause No ED-2001-00356 pending in the Probate Court of Denton County, is hereby approved, and the City Manager is hereby authorized to execute an Agreed Judgment and other related documents deemed by the City Manager and the City Attorney to be necessary to the settlement of said litigation as set forth generally in the attached Agreed Judgment SECTION 2 That the City Manager or his designate is hereby authorized to expend an amount not to exceed the $79,000 00 previously deposited into the registry of the Probate Court in settlement of the above litigation SECTION 3 That this ordinance shall become effective immediately upon its passage and approval ,/ PASSED AND APPROVED this the day of L1�, 2001 2"4't.e. A-er� EULINE BROCK, MAYOR ATTEST- JENNIFER WALTERS, CITY SECRETARY BY L APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY S \Our Dm meme\Ordtnmm\Ol Wdghlw eettlemmt doe Page 2 4953 01831 ill IN", FILE FOR RECORD MON COUNTY CLERK CAUSE NO ED-2001-00356 OCT 0 4 2001 CY I TCHELL THE STATE OF TEXAS and § CONDEMNATION PROC CONS CITY OF DENTON, TEXAS § FILED Plaintiffs § v § IN THE PROBATE COURT KOSHROW SADEGHIAN, § Defendant § OF DENTON COUNTY, TEXAS AGREED FINAL JUDGMENT IN CONDEMNATION On this day, in the above entitled and numbered cause, came the Plaintiffs, the State of Texas and the City of Denton, Texas, by and through their attorney of record, and came Defendant, Koshrow Sadeghian, by and through his attorney of record, and presented an agreement for compromise and settlement to the Court, and the Court having considered the same, together with pleadings on file in this cause, made the following determinations and findings as hereinafter set forth Plaintiffs, the State of Texas and the City of Denton, Texas, filed with the Denton County Probate Court their Original Statement wherein they pray for acquisition, through these condemnation proceedings, to acquire fee simple title to certain real property for street purposes Said real property is situated within the corporate limits of the City of Denton, Denton County, Texas, and being more particularly described as follows RFING 0 574 ACRI'S OF I AND SITi IATFD IN A CAI I FD 1 217 AC'RU 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 SURV�Y, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BE 'G MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 5/8-inch iron rod at the northeast corner of a called 4953 01838 0 529-acre tract of land, conveyed to Marie Elizabeth Sasso, recorded in Volume 2249, Page 600, DRDCT, and at the northwest corner 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 line of U S 77, THENCE N 580 1 V 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' 31" 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 350 19' 44" W, along a line common to said Sadeghian tract and said Sasso tract, a distance of 36 88 feet to a found ''/z-mch 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 57° 56' 00" W, along the existing north right of way line of U S 77, a distance of 427 65 feet to a found %-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 58° 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-inch 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-inch 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 21 ° 14' 20", an arc distance of 126 03 feet, and having a chord which bears N 140 27 20' L, a dititallLe of 125 31 feet to a PK nail set on the north line of said Sadeghian tract and near the center line of said road, r (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 4953 01839 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 arc 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 1,698 square feet reside in the prescriptive right of way of Riney Road Hereinafter the "Property" Denton County Probate Court appointed three disinterested freeholders of Denton County, Texas as Special Commissioners, who subsequently met, took their oaths of office, set a date for hearing before the Commissioners and caused notice thereof to be duly served as prescribed by law, and after said hearing the Commissioners rendered their decision in writing dated June 28, 2001, awarding the total compensation as Total damages to be paid, including damages to the remainder if any by City of Denton, Petitioner to Defendant, Khosrow Sadeghian, is in the amount of seventy nine thousand dollars ($79,000 00) 1 The said Special Commissioners' Award was duly filed with the Court in accordance with the law, that Notices of Decisions were duly mailed by the clerk of the court to all parties of record in the manner required by law, that Defendant, Khosrow Sadeghian filed objections to the Award in the time and manner required by law, and all prerequisites have been completed and all preliminary steps have been taken to conru juii"dicuon on this Court, whether or not listed specifically herein, and this cause is regularly in this Court for f trial and final disposition 4953 01840 The parties have agreed and the Court so finds, that this Cause should be compromised and settled for the total sum of seventy nine thousand dollars ($79,000 00), said sum being the full compensation for the Property taken in these condemnation proceedings, including damages to the remainder Said sum is to be paid to Defendant Khosrow Sadeghian IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Property hereinabove described, is hereby divested in fee simple out of Defendant Khosrow Sadeghian and is hereby vested in fee simple into the State of Texas IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Khosrow Sadeghian is entitled to and is hereby awarded Judgment against the State of Texas and the City of Denton, Texas in the sum of seventy nine thousand dollars ($79,000 00), which sum has been fully paid and satisfied in that Plaintiffs have deposited the full amount into the Registry of the Probate Court on July 30, 2001 The Clerk is hereby directed and ordered to distribute said $79,000 00 plus interest to Defendant, Khosrow Sadeghian The Court further finds and decrees that the Plaintiffs, the State of Texas and the City of Denton, have fully performed under this Judgment, which shall bear no interest, and that the same has been fully satisfied, therefore, execution shall never issue IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the State of Texas is entitled to possession of the Property for which a writ or writs of possession are ordered issued IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all court costs are r taxed against the City of Denton, which have been fully satisfied 4953 01841 1� C/ c SIGNED this 1 � day of tULl > 2001 4DG ��'E PRESIDING CEiiT1FIEDCOPYCRRTIpNlA'1� " �; ^'��` ' =I <° STAT80PTEXl18, fAUNfY0P06NfON Q � � � � � � t f,cvrmnaumc�u.txanb��oaliadoen�,' � y � � 1 Two do nef ft ON* tlld ode h bo d aond # copy as same sppae of mod M oN o� � Mae$ my hand and bad of owe oa Cynthia Mhchep .otxiaN Denton CounV CIA �5° By Cepury zrnn,n qt vn VI) VO IN V77n;o 5<„ nn 1012 A of r i ,ar " Y n, nn10 VM n, h n+,� 1 in tan r+ 4953 01842 APPROVED Michael A Condu f, it ger Ed yd De / DepututCy t orney State Bar No 18814850 215 E McKinney Denton, Texas 76201 (940) 349-8333 (940) 382-7923 Facsimile ATTORNEY FOR THE STATE OF TEXAS AND THE CITY OF DENTON, TEXAS Khosrow Sadegluan Stephen V/Stephens State B o 191610 250 S temmons Freeway, Suite 205 Lewisville, Texas 75057 (972) 221-4621 (972) 221-6318 Facsimile ATTORNEY FOR KHOSROW SADEGHIAN �r ok-. r a -to 4953 01843 ow pl ll[I , qr wruurliF"t rCr r e LLI p nL, on USE 01 T f t i )f f A " R vv �-�s�_urvueF tco�tuLuw � n4ck r"a uw r[ ifc torn c Fl FO n me Frn Nu IIL nn LO rl _ t m on .� Novo rm an OCT 2 9 20U1 v COUNTY CLERK "r ✓ �� OENTON COUNTY TEXAS k ♦ k DENIM Cptjco�d :n: CYNTHIA MITCHkLL, COUNTY CLERK On Oct 29 2001 At 2:0Bpm Receipt M: 54909 Recording: 15.60 Doc/Mgmt : 6.00 Doc/Num : 2001-R0114827 Doc/Type • MDO Deputy -Jane