2006-077sao~, wcuniems~om+w~~a:memn~~award ~,d~~~~~edo~
ORDINANCE NO. 2OU~ ` ~7zI
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 CITY OF DENTON, TEXAS V. JULIAN
CHAVEZ, ET AL. CAUSE NO. ED-2005-00088 PENDING IN THE PROBATE COURT OF
DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTNE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled The City of Denton, Texas v. Julian Chavez, et al., Cause No. ED-
2005-00088 pending in the Probate Court of Denton County, Texas is hereby authorized to be paid
into the Registry of the Probate Court.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the' day of , 2006.
~`~,.~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WAii LTERS, CITY SECRETARY
BY: 1
APPRO ED AS TO LEGAL FORM:
®~~
CAUSE NO. ED-2005-00088
CITY OF DENTON, TEXAS
Plaintiff
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CONDEMNATION PROCEEDINGS IITy
FILED
v.
JULIAN CHAVEZ, AS A HOMESTEAD
INTEREST, AND RONALD BROWN,
TERRY BROWN, WANDA NELL
HARRIS AKA WANDA DONATO,
KENNETH HOWELL, KATRINA
WILSON, KENDRA HOWELL, AND
KEITH GOOD, AS TO A REMAINDER
INTEREST,
Defendants
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 22na day of February, 2006, in the City of Denton, Denton County, Texas, the
above styled proceedings in eminent domain came on to be heazd before the undersigned, three
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 Plaintiff, the City of Denton, Texas, ahome-rule
municipal corporation, situated in Denton County, Texas. Also came Defendants 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 4`h day of February, 2005, the City of Denton, Plaintiff, filed its Statement in
Condemnation (the "Statement"). In the Statement, Plaintiff, upon the facts and for the purposes
therein stated, seeks judgment granting fee simple title in the name of the City of Denton, Texas,
in that certain tract or parcel of land containing approximately 1.0578 acres, together with
improvements thereon and appurtenances thereto (the "Property"), as more particularly described
as follows:
SITUATED in the City of Denton, Denton County, Texas being a tract of land out of the
Gideon Walker Survey, Abstract No. 1330, said tract being a portion of that parcel of
land conveyed to Rosa Lee Chavez by deed as recorded in Volume 676, Page 369 of the
Deed Records of Denton County, Texas (D.R.D.C.T.), said tract being herein more
particularly described by metes and bounds as follows:
BEGINNING at a %2" capped iron rod at the southwest property corner of said Chavez
tract being herein described, said point being the northwest property comer of a tract of
land conveyed to the City of Denton by deed as recorded in Denton County Clerk's File
(D.C.C.F.) No. 96-0034339, said point also being on the existing easterly right-of--way of
South Mayhill Road;
THENCE, North 4 degrees 06 minutes 39 seconds East, along the west property line of
the said Chavez tract and along the said right-of--way line of South Mayhill Road, 150.12
feet to the northwest corner of the herein described tract;
THENCE, South 88 degrees 14 minutes 03 seconds East 304.97 feet to the northeast
property comer of the herein described tract, said point being on the west property line of
a tract of land conveyed to the City of Denton by deed as recorded in D.C.C.F. No. 96-
0021132;
THENCE, South 2 degrees 24 minutes 40 seconds West, along a easterly property line of
the said Chavez tract and along a westerly property line of the said City of Denton tract
(96-0021132), 233.11 feet to a %" capped iron rod found at a southeast property corner of
the said Chavez tract, said point being the northeast property comer of the said City of
Denton tract (96-0034339);
THENCE, North 88 degrees 14 minutes 03 seconds West, along the southerly property
line of the said Chavez tract and along the north property line of the said City of Denton
tract (96-0034339), 309.42 feet to the POINT OF BEGINNING;
The tract of land being herein described contains 1.0578 acres (46,078 sq. ft.) of land.
The Property is being acquired for landfill purposes.
II.
That upon consideration of the Statement, duly Fled with the Court, the Judge of said
Court, did appoint R. Scott Alagood, Scott Armey, and Greg Boling as Special Commissioners to
assess damages caused by the taking of the Property (called the "Special Commissioners").
III.
Award of Special Commissioners -Page 2
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 22"d day of Februazy, 2006, at 9:00 a.m. in the Community Training Room at
Central Fire Station, 332 East Hickory, Denton, Denton County Texas, as the date, time, 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 a written notice of such date, time and place of the hearing was issued by the Special
Commissioners and the Defendants, Julian Chavez, Ronald Brown, Terry Brown, Wanda Nell
Harris aka Wanda Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good,
were duly served with notice and notified in the time and manner required by law of such
hearing and the time and place thereof.
VI.
That on the 22"d day of February, 2006, said Special Commissioners did convene and the
following named parties appeazed in person or by their attorneys:
Jerry E. Drake, Jr., Attorney for the City of Denton, Plaintiff
Roger Yale, Attorney for Julian Chavez
'Stcw~Coti~ ~ Wi.-S nod- ~'"-ya...,.n,r a
=~--~'~, ~".t.~:.~~ Ronald Brown, Terry Brown, Wanda Nell Harris aka Wanda
Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good
a^d wy~~..~ ~4tH~ ~:5\-~ ~o lv..~ ~;.~ Co.n-S+~ C'ecYv~k'
and announced ready for such hearing and said Special Commissioners proceeded to hear
evidence as to the damages to be sustained by the owners or parties having an interest in the
Property by reason of the taking of the Property. After hearing and considering the evidence,
Award of Special Commissioners -Page 3
said Special Commissioners did find and determine and accordingly assess damages to be paid
by the City of Denton; Texas, according to the rule of damages set forth in Title 4, Chapter 21 of
the Texas Property Code as follows:
1. Total damages to be paid by City of Dentori, Plaintiff, for the Property, payable jointly to
Defendants Julian Chavez, Ronald Brown, Terry Brown, Wanda Nell Harris aka Wanda
Donato, Kenneth Howell, Katrina Wilson, Kendra Howell, and Keith Good, is in the
amount of ~ ; ,,.c ~-,,, - }v~~ `~T1~e~ c~,,~ d ($ °12 ~oyp `"a ).
2. The costs of these proceedings are adjudged against .~„ C~~r~ ~ ~~ ,,,~
SIGNED THIS THE 22°d day of February, 2006.
COMMISSIONERS
R.
Scott ~ ey //
Greg Boling v
Award of Special Commissioners -Page 4
The foregoing Award of Special Commissioners was filed with me the Presiding Judge of
the Probate Court of Denton County, Texas, on the 2 Z`'a day of ~-cM~s~.r~„ , 2006.
If is er a ass a ial
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JUDGE PRESIDING
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RECEIVED
~/!1 DEPUTY
FEB 2'3 2006
DENTON COUNTY CLERK
CYNTHIA MITCHELL
Awazd of Special Commissioners -Page 5