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1996-239E \WPDOCS\0RD\KARVOUNIARIS AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE PAYMENT OF THE $79,461 98 JUDGMENT IN CITY OF DENTON V JOHN KARVOUNIARIS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the payment of seventy nine thousand four hundred sIxty-one dollars and ninety-eight cents ($79,461 98) in accordance with the terms and condItions of the Judgment in the case of City of Denton v John Karvounlarls is hereby authorized SEC~ II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the ~A6 day of Od~'~ , 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ( NO CV-95-00781-C 8 ~0, CITY OF DENTON, § CONDEMNATION PROCEED . Plaintiff § § FILED WITH THE JUDGE OF VS § § THE PROBATE COURT OF JOHN KARVOUNIARIS, § Defendant § DENTON COUNTY, TEXAS AWeD oF SPECIAL COMMISSIONERS On the ~ day of ~-~.V~%~-- , 1995, came to be considered the above matter, before the Special Commissioners and freeholders of Denton County, Texas, duly appointed by the Judge of the Probate Court of Denton County, Texas, upon the Plaintiff's Original Statement in Condemnation of the City of Denton, filed on the 25th day of October, 1995, ~n sa~d Court, praying for the condemnation of a certain parcel of land required for a permanent street right-of-way easement over the lands and premises of Defendant for the public purpose of constructing a public street intersecting with State Highway 288, said parcel of land being described more particularly ~n Exhibit "A" which ~s attached hereto and made a part hereof for all purposes The said Special Commissioners having given notice, and the said Defendant having been duly and properly served with notice of the time of hearing and the place of meeting, all as required by law, and the City of Denton having appeared through ~ts Attorney of Record, Mike Bucek, First Assistant City Attorney for the City of Denton and Defendant having appeared through his Attorney of Record, Jackson & Walker, and all having announced ready for trial, all matters involved in said condemnation were submitted to the sald Special Commissioners and the pleadings and evidence having been heard by us, the said Special Commissioners, assess the damages resulting from th~s proceeding in eminent domain to Defendant as follows a Value of the permanent street right-of-way easement being condemned $ ~? ~q~. --~ , plus b Dlm~nut~on of the value of the remainder by reason of the severance, ~f applicable of $ --~ , c Total damages that wlll accrue to Defendant as a result of this condemnation, $ ~ ~0 --~ We herein award the above described land and the tltle to same as re~ested by Plaintiff to the Plaintiff for the named public purposes, w~th full and complete r~ght, use and possession thereof We adjudge the costs ~n this proceeding which have accrued to date of $ ~ ~ (~nclud~ng court filing fees, and the expense of service notlce upon the Defendant) and the reasonable fees of Special Commissioners to be set by the Court, against (C~t~ of Denton or Defendant) for the reasons provided by law CO~ISSIONER RUTH BROCK ~ CO~MiSSIONER B~D~ COLE Page 2 ( award was filed with me on the // - day of JUDGE PRES I]~N "£XHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the J Taft Survey, Abstract Number 1256 and being part of a tract of land conveyed to John Karvounlarls by deed recorded in Volume 3405, Page 50 of the Real Property Records of Denton County, Texas and being more particularly described as follows TRACT I BEGINNING at the northeast corner of said Karvounlarls tract, same being a point on the south line of State Highway Loop 288 and also being the northwest corner of a tract conveyed to Norman E Brlnker by deed recorded as 93-R0022415 in the R P R.D C %, THENCE South 00° 23' 00" East along the east line of said Karvounlarls tract and the west line of said Brlnker tract a d~stance of 25 feet to a point for corner, THENCE North 24o 06' 05" West a distance of 21 95 feet to a point for corner, said point lying on the north line of said Karvounlarls tract and the south line of said Loop 288, THENCE North 60o 32' 33" East along said lines a distance of 10 10 feet to the POINT OF BEGINNING and containing 0025 acre of land TRACT II BEGINNING at the southeast corner of said Karvounlarls tract, same being the southwest corner of a tract conveyed to Norman E Brlnker by deed recorded as 93-R0022415 in the R.P R.D.C T, THENCE North 89~ 19' 51" West along the south line of said Karvounlarls tract a distance of 10 feet to a point for corner, THENCE North 00° 23' 20" West a distance of 1260 feet to a point for corner; THENCE North 05° 19' 52" East a distance of 100 31 feet to a point for corner, said point lying on the east line of said Karvounlarls tract and the west line of said Br~nker tract, THENCE South 00~ 23' 20" East along said lines a distance of 1360 feet to the POINT OF BEGINNING and containing 3007 acre of land. AEE005C6 09-08-95 Return To C~ty Of Denton Engineering & Transportation Dept 221 North Elm Street Denton, Texas 76201 Attention Roger N Wdkmson [lled for Record in. DENTON COUNTY, TX HONORABt E TIM HODO£S/COUNTY CLFRK On Mar ~t, ]997 At 4:14pm Doc/Num : 97-R0019056 Doc/Type : PCC R~co rd ~nq: 11.00 Doc/Mqmt · 6 00 Receipt fi" 9464 Deputy BRANDIE ~0,'07/96 ~0 32 ~'2!'-q$3 §822 IACKSO~ & ~LK~r ~002/003 CAUSE NO. CV-95-00781-C CITY OF DENTON, S CONDF~MNATION PROCEEDINGS pLAINTIFF ~ FILED WITH THE JUDGE OF THE VS. § § PROBATE COURT OF JOHN I~ARvoUNIARI S DEFENDANT. ~ DENTON cOUNTY, TEXAS On the 6th day of AuguSt 1996, the above-entitled and ~umbered cause came on to be heard before the above-referenced Court, and the Court having duly impaneled a jury to hear said mat=er, the partiee proceeded to present their evidence and the jury having returned its verdict on the as followeI Special Issue Nc. 1: ,,From a preponderance of the evidence, what do you find WaS the market value o~ the 0.3032 acre strip o~ land condemned by the city of Denton for public purpcees at the time it was condemned? AnsWer= .$73,221.~$." The Court having a=cepted the verdict o~ the jury an~ the ~tipulations cf the parties and the Clerk having duly filed Lame, and the Court having foun~ that the verdict of the jury was in favor of the Defendant John KarVOUniaris for the amount ~et forth above and that Judq~ent ehould be entered upon t~e verdict in favor of Defendant John Karvouniaris that he recover of and from the City of Denton~ it is ORDERED, ADJUDGED and DECREED ~hat the Defendant John Karvouniarie recover cf and from the city of Denton the market 10/07/96 10 $2 ~214 953 ~$22 JACKSON & W&LKER ~003/003 value o~ the property oondamfled as of the date of condemnation, December 19~ 1995 in the amount of $73,221.98, and that he further recover legal interest, at ten percent per annum, on the amount of said judgment from the date of condemnation, December 19, 1995 until the date of Sud~ment in the amount of $6,240.00, and that ha further recover any coats of court expended in this matter, for a total ~u~gment of $79,461.98, pluB comte of court and ~nterest at the legal rate from ~he ~a~s of Judgment until said Judgment im pald. SIGNED this of OCtober, 1996. AGREED AS TO FORM~ Flrst &s~is~ant City A~ornsy State Bar No. 03285500 213 Eas~ MoKinney Denton, TX 76201 ATTORNEYS FOR PLAINTIFF, CITY OF DENTON, TEXAS 9 5 3 6 21/D CE~;~EO COPY CERTII=ICAT~ STATE OF TEXAS COUNTY I TiM HODGES COUnty Clefk~Olmt~t ~tJf, Texas do hereby certify U~I copy as same IIN~Ifl ~ Page 2 [ died for Recoed In DFNTON COUN1Y, FX . HONORABLE llM HOI)G[ S/COUNTY On Mar P5 1997 Af 4:14pm Doo/Num : 9? R8819857 ~oe/Ty pe F'CI Rec, oed~ng: / 00 Doe/Mqmt . 6 00 Re~tezpt #: 9464 D~puty BR~NDIE