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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