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