2005-053O NANCE NO.
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 CITY OF DENTON, TEXAS V. DANA .Z. BEAVERS
AKA DANA d.. SMITH, ET AL., CAUSE NO. ED-2004-485 PENDING IN THE PROBATE
COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE C1TY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled City of Denton, Texas v. Dana J. Beavers aka Dana J. Smith, et al.,
Cause No. ED-2004-485 pending in the Probate Court of Denton County, Texas is hereby
authorized to be paid into the Registry of the Probate Court.
SECTION 2. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~f~,~J day of 'J~, 2005.
EULINE BROCK, MAYOR
ATTEST:
APPROVED V
AS TO LEGAL FORM:
CAUSE NO. ED-2004-485
CITY OF DENTON, TEXAS §
Plaintiff §
v. §
DANA J. BEAVERS aka DANA J. SMITH, §
HOWARD SMITH, JAMES TEMPLER, §
TIMOTHY HUNT, and BANK §
MIDWEST, N.A., §
Defendants §
FILE FOR RECORD
DENTON COUNTY CLERK
FEB 0'~ ~005
CONDEMNATION PRO~l~vm,r ,,
FILED
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 1st day of February, 2005, in the City of Denton, Denton County, Texas, the above
styled proceedings in eminent domain came on to be heard 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, a home-rule
municipal 9orporation, situated in Denton County, Texas. Also came Defendants as hereinafter
mentioned, and all parties having announced ready, the Commissioners proceeded to heal
evidence and arguments of the parties, and made the following findings:
I.
That on the 23~d day of September, 2004, the City of Denton, Plaintiff, filed its Statement
in Condemnation, which was subsequently amended, with Plaintiff's First Amended Statement
in Condemnation being filed on January 21, 2005 (the "Statement"). In the Statement, Plaintiff,
upon the facts and for the purposes therein stated, seeks judgment:
a. granting a public utility easement in the name of the City of Denton, Texas for the
construction, reconstruction, installation and maintenance of public utilities in, over, on/across,
and under that certain tract or parcel of land containing approximately 0.592 (the "Permanent
Public Utility Easement") and being out of that certain parcel or tract of land containing
approximately 9.917 acres of land (the "parent tract") described in that certain deed to the Owner
recorded in Volume 3373, Page 10 of the Real Property Records of Denton County, Texas. The
Permanent Public Utility Easement is 20 feet wide running parallel with an immediately adjacent
to the hght-of-way line of Loop 288, as more particularly described as follows:
BEING a tract of land situated in the M.E.P. and P.R.R. Company Survey, Abstrabt No.
927 Denton County, Texas, and being part of a tract of land described by deed to Dana J.
Beavers as recorded in Volume 3373, page 10 of the Real Property Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at the most northerly northwesterly comer of said Beavers tract, at the most
westerly southwest comer of Lot 1, Block A of the 7-11 Loop 288 Addition, an addition
to the City of Denton as recorded in Cabinet R, Page 32 of the Plat Records of Denton
County, Texas, and at the most westerly southwest comer of a tract of land described by
deed to Craig Irwin and Dale Irwin, as recorded under County Clerk's File No. 95-
R0050144 of the Real Property Records of Denton County, Texas, also being in the east
line of State Highway Loop 288, same be/rig South 00 degrees 53 minutes 07 seconds
West, a distance of 169.98 feet lkom a TxDOT monument found in the southerly line of
East McKinney Street also known as F.M. Highway No. 426.
THENCE South 42 degrees 25 minutes 58 seconds East, with the northeast Line of said
Beavers tract and the southeast line of said Irwin tract, a distance of 29.15 feet to a point
for comer;
THENCE South 00 degrees 53 minutes 07 seconds West, over and across said Beavers
tract, a distance of 1279.19 feet to a point in the south line of said Beavers Tract and in a
north line of Lot 2, Block A of Pebble Brook Addition, an addition to the City of Denton
as recorded in Cabinet O, Page 264 of the Plat Records of Denton County, Texas, same
being at the beginning of a non-tangent curve to the right having a radius of 450.00 feet;
THENCE with the south line of said Beavers tract, the north line of said Lot 2 and along
said curve to the right having a chord bearing of South 89 degrees 59 minutes 09 seconds
West, a chord length of 14.82, a delta angle of 01 degrees 53 minutes 13 seconds and an
arc length of 14.82 feet to the end of said curve;
THENCE North 89 degrees 04 minutes 14 seconds West, continuing with the south line
of said Beavers tract aud the north line of said Lot 2, a distance of 5.18 feet Jo a point in
the east line of said State Highway Loop 288;
Award of Special Commissioners -Page 2
THENCE North 00 degrees 53 minutes 07 seconds East, with the east line of said State
Highway Loop 288, a distance of 1300.60 feet to the POINT OF BEGINNING and
containing 0.592 of an acre of land more or less.
b. granting a temporary construction easement in the name of the City of Denton,
Texas in, on, and across that certain tract or parcel of land containing approximately 0.869 acre
as more particularly described below (the "Temporary Construction Easement"), to use for
access, staging, and placement of mater/als, equipment and supplies and in conjunction with
construction activities for the construction and installation of public utilities provided for by the
Public Utility Easement (the "Construction Activities"), with said Temporary Construction
Easement expiring upon the completion of the Construction Activities or one year from the date
the Plaintiff'takes possession of the Temporary Construction Easement property, which ever
occurs frrst:
BEING a tract of land situated in the M.E.P. and P.R.R. Company, Survey, Abstract No.
927 Denton County, Texas, and being part of a tract of land described by deed to Dana J.
Beavers as recorded in Volume 3373, Page 10 of the Real Property Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING in the northwest line of said Beavers tract, in the southwest line of a tract
of land described by deed to Craig Irwin and Dale Irwin, as recorded under County
Clerk's File No. 95-R0050144 of the Real Property Records of Denton County, Texas,
and being South 42 degrees 25 minutes 58 seconds East, a distance of 29.15 feet from the
most northerly northwesterly comer of said Beavers tract, the most northerly
northwesterly comer of said Irwin Tract, at the most westerly southwest comer of Lot 1,
Block A of the 7-11 Loop 288 Addition, an addition to the City of Denton as recorded in
Cabinet R, Page 32 of the Plat Records of Denton County, Texas, and in the west line of
said State Highway Loop 288;
THENCE South 42 degrees 25 minutes 58 seconds East, with the northeast line of said
Beavers tract and the southeast line of said Irwin tract, a distance of 43.73 feet to a point
for comer;
THENCE South 00 degrees 53 minutes 07 seconds West, over and across said Beavers
tract, a distance of 1245.40 feet to a point in the south line of said Beavers Tract and in a
north line of Lot 2, Block A of Pebble Brook Addition, an addition to the City of Denton
as recorded in Cabinet O, Page 264 of the Plat Records of Denton County, Texas, same
being at the beginning of a non-tangent curve to the right having a radius of 450~00 feet;
Award of Special Commissioners - Page 3
THENCE with the south line of said Beavers tract, the north line of said Lot 2 and along
said curve to the fight having a chord beating of South 87 degrees 07 minutes 41 seconds
West, a chord length of 30.06, a delta angle of 03 degrees 49 rrfinutes 43 seconds and an
arc length of 30.07 feet to a point for a coruer;
THENCE North 00 degrees 53 ruinutes 07 seconds East, over and across said Beavers
tract, a distance of 1279.I9 feet to the POINT OF BEGINNING and containing 0.869 of
an acre of land more or less.
The Public Utility Easement and Temporary Construction Easement are hereinafter
collectively referred to as the "Easement" or "Easement Property". Plaintiff shall have the right,
as the dominant easement owner, to prohibit any use of the Permanent Public Utility Easement
which would un.reasonably interfere with the nature, purposes, scope, and intent of the public
utility facilities, including, but not limited to, the right to prevent drilling or excavating activities
and permanent structures within the Permanent Public Utility Easement boundaries. Defendants
will have the fight of access across the Easement.
II.
That upon consideration of the Statement, duly filed with the Court, the Judge of said
Court, did appoint Ruth Brock, Miller Davidge, and Lisa Polster as Special Commissioners to
assess damages caused by the taking of the Property (called the "Special Commissioners").
1II.
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 1st day of February, 2005, at 9:00 a.m. in the City Hall Work Session Room at
City Hall, 215 East McKinney, Denton, Denton County Texas, as the date, time, and place for
heating said Statement and the parties, said date being the earliest practical time and such place
being in the County in which the Easement Property is situated.
Award of Special Commissioners - Page 4
V.
That a written notice of such date, time and place of the hearing was issued by the Special
Commissioners and the Defendants, Dana J. Beavers aka Dana J. Smith, Howard Smith, James
Templer, Timothy Hunt, A2~d Bank Mid,vest, N.A., were duly served witI{ notice and notified in
the time and manner required by law of such heating and the time and place thereof.
VI. I~
That on the 1st day of February, 2005, said Special Commissioners did convene and the
following named parties appeared in person or by their attorneys:
Edwin M. Snyder, Attorney for the City of Denton, Plaintiff
Tom Diricksnn, Attorney for Dana J. Beavers aka Dana J. Smith m~d Randy Smith
Randy Smith
Tom Jester, Attorney for Howard Smith
Howard Smith
James Templer
Stephen Reese, Attorney for Timothy Hunt
Timothy Hunt
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
Easement Property by reason of the talcing of the Easement Property. After hearing and
considering the evidence, 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:
i. Total damages to be paid by City of Denton, Plaintiff, for the Permanent Utility Easement
Award of Special Commissioners -Page 5
and Temporary Construction Easement, including damages to the remainder, if auy,
payable jointly to Defendants Dana J. Beavers aka Dana J. Smith, Howard Smith, James
Templer, Timothy Hunt, And Bank Midwest, N.A., is in the amount of
2. The costs of these proceedings are adjudged against ~.t~d.~w~ ~ o ~"
SIGNED THIS THE 1st day of February, 2005.
SPECIAL COIvI2ViIS SIONERS
Ruth Brock
Miller Davidge
The foregoing Award of Special Commissioners was filed with ~e the Presiding Judge o~'
the Probate Court of Denton County, Texas, on the ,3 ~ day of f~.~/,:~..~.,,~ , 2005.
- ~'~,J R. WINDLE, JUDGE
P~OBATE COURT
Award of Special Commissioners -Page 6