2004-106AN 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. GARY JAY
MADRIGAL AND ROSANNE MADRIGAL, CAUSE NO. ED-2003-00098 PENDING IN THE
PROBATE COURT OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled The City of Denton, Texas v. Gary Jay Madrigal and Rosanne
Madrigal, Cause No. ED-2003-00098 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 day of ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIt*ER WALTERS, CITY SECRETARY
CAUSE NO.
CITY OF DENTON, TEXAS
Plaintiff
GARY JAY MADRIGAL and ROSANNE
MADRIGAL
Defendants
ED-2003-00098
F LE
2004
CONDEMNATION PROCEED~.'TCH.ELL
FILED ---~ ~ V"~EPUTY
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 24th day of March, 2004, in the City ofD~nton, Detuon County, Texas, the above
styled proceedings in eminent domain came on to be heard before the undersigned, three
disinterested fi:eeholders 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 Petitioner, the City of Denton, Texas, a home-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 30th day of January, 2003, the City of Denton, Petitioner, filed its Statement
in Condemnation, which was subsequently amended, with Petitioner's Third Amended Statement
in Condemnation being filed on or about January 23, 2004 (the "Statement"). In the Statement,
Petitioner, upon the facts and for the purposes therein stated, seeks judgment vesting in the City
of Denton, Texas:
a. Fee simple title for street purposes, with such fee simple title vesting in the City of
Denton, Texas in that certain tract or parcel of land containing approximately 0.807 acre, together
with improvements thereon and appurtenances thereto (the "Pdght-of-Way Property"), described as
follows:
BEING a strip ofland located in the Stephen A. Venture Survey, Abstract No. 1315, Denton
County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et ux.
Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County,
Texas, said strip of land being mom particularly described by metes and bounds as follows:
BEGINNING at a found P.K. nail at the northeast comer of said Madrigal Tract, also being
the northwest comer of a tract of land conveyed to the City of Denton, Texas by affidavit
and deed recorded in Volume 4647, Page 3456 of said Deed Records, said point being in
Hickory Creek Road;
THENCE S 3° 10'29" W, with the common line between said Madrigal Tract and said City
of Denton Tract, a distance of 48.08 feet to a 5/8 inch capped iron rod (TNP) set on the
proposed new south right-of-way line of said Hickory Creek Road;
THENCE with said new fight-of-way line, with the following courses and distances:
S 89° 51 '30" W, a distance of 279.57 feet to a set 5/8 inch capped iron rod (TNP);
S 81 o 19'39" W, a distance of 101.12 feet to a set 5/8 inch capped iron rod (TNP);
S 89° 51 '30" W, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP);
N 73° 26'33" W, a distance of 52.20 feet to a set 5/8 inch capped iron rod (TNP);
S 89° 51 '30" W, a distance of 67.32 feet to a set 5/8 inch capped iron rod (TNP) set
on the west line of said Madrigal Tract, also being the original east line of Hickory
Creek Ranch, shown by plat recorded in Cabinet S, Page 241, Plat Records of
Denton County, Texas;
THENCE N 0° 51 '21" W, with said line, departing fi.om said new fight-of-way line, passing
a found ¥2 inch iron rod at 11.69 feet, in all a distance of 50.00 feet to the northwest comer
of said Madrigal Tract, in Hickory Creek Road;
THENCE S 89° 57'57" E, a distance of 650.30 feet to the Point of Beginning and
containing 0.807 acre of land of winch 0.557 acre is included in the existing prescriptive
right-of-way, leaving a remainder of 0.250 acre of land mom or less; and
b. A drainage and access easement for drainage and access purposes in the name of the
City of Denton, Texas in, over and across that certain tract or parcel of land containing
approximately 0.036 acre (the "Drainage Easement"); reserving unto the Owners of said property
the right to use the surface for parking and for driveway access to and fi.om the adjacent public
street described as follows:
Award of Special Commissioners - Page 2
BEiNG a strip of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et ux.
Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County, Texas,
said strip of land being more particularly described by metes and bounds as follows:
BEGIN2xriNG at a point at the intersection of the west line of said Madrigal Tract with the
proposed new south right-of-way line of Hickory Creek Road, previously described above,
said point being S 0° 51'21" E, a distance of 50.00 feet from the northwest comer of said
Madrigal Tract and also being S 0° 51'21" E, 11.69 feet fi-om a found ½ iron rod in the west
line of said Madrigal Tract;
THENCE N 89° 51'30" E, with said proposed new south right-of-way line, a distance of
29.95 feet;
THENCE S 15° 08'33" W, departing said right-of-way line, a distance of 108.65 feet to a
point on the west line of said Madrigal Tract;
THENCE N 00° 51'21" W, with said line, a distance of I04.82 feet to the Point of
Beginning and containing 0.036 acre of land; and
c. Three temporary construction, grading, and access easements in the name of the City
of Denton, Texas in, over, and across those certain tracts or parcels of land containing
approximately 0.089 acre, 0.959 acre, and 0.028 acre, respectively (the "Temporary Construction,
Grading, and Access Easements"), to use for access, staging, and placement of materials,
equipment, and supplies and for other coustmction activities, with said Temporary Construction,
Grading, and Access Easements expiring upon completion of the Hickory Creek Road Project, or
two years from the date Plaintiff takes possession of the Temporary Construction, Grading, and
Access Easements' property, whichever occurs first, described as follows:
BEiNG three strips of land located in the Stephen A. Venture Survey, Abstract No. 1315,
Denton County, Texas and being a portion of a tract of land conveyed to Frank Madrigal et
ux. Mildred by deed recorded in Volume 589, Page 195, Deed Records of Denton County,
Texas, said strips of land being more particularly described by metes and bounds as follows:
TEMPORARY CONSTRUCTION EASEMENT NO. 1
BEGINNING at a point on the west line of said Madrigal Tract, said point being S 00°
51'21" E, 154.82 feet from the northwest comer of said Madrigal Tract;
Award of Special Commissioners - Page 3
THENCE N 15° 08'33" E, with the easterly line of a proposed Drainage and Access
Easement, a distance of 108.65 feet to a point on the proposed new south right-of-way line
of Hickory Creek Road;
THENCE N 89* 51 '30" E, with said line, a distance of 25.92 feet;
THENCE S 15° 08'33" W, a distance of 202.68 feet to a point on the west line of said
Madrigal Tract;
THENCE N 00° 51'21" W, a distance of 90.71 feet to the Point of Beginning and
containing 0.089 acm of land more or less;
TEMPORARY' CONSTRUCTION EASEMENT NO. 2
BEGINNING at a point on the proposed new south right-of-way line of Hickory Creek
Road, said point being S 03° 10'29" W, 48.08 feet, S 89° 51'30" W, 279.57 feet and S 81°
19'39" W, 10.00 feet from a found P.K. nail at the northeast comer of said Madrigal Tract;
THENCE S 00° 08'30" E, a distance of 185.00 feet;
THENCE S 89° 51'30" W, a distance of240.11 feet;
THENCE N 00° 08'30" W, a distance of 171.48 feet to a set 5/8 inch capped iron rod (TNP)
on said proposed new south right-of-way line of Hickory Creek Road;
THENCE with said right-of-way, with the following courses and distances:
N 89° 51 '30" E, a distance of 150.00 feet to a set 5/8 inch capped iron rod (TNP):
N 81 o 19'39" E, a distance of 91.12 feet to the Point of Beginning and containing
0.959 acre of Iand more or less;
TEMPORARY CONSTRUCTION EASEMENT NO. 3
BEGINNING at a point on the proposed new south right-of-way line of Hickory Creek
Road, said point being S 03° 10'29" W, 48.08 feet and S 89° 51'30" W', 150.00 feet fi.om a
found P.K. nail at the northeast comer of said Madrigal Tract;
THENCE S 00° 08'30" E, a distance of 30.00 feet;
THENCE S 89* 51 '30" W, a distance of 40.00 feet;
THENCE N 00° 08'30" W, a distance of 30.00 feet to a point on said proposed new south
right-of-way line of Hickory Creek Road;
THENCE N 89° 51 '30" E, a distance of 40.00 feet to the Point of Beginning and containing
0.028 acre of land more or less.
Award of Special Commissioners - Page 4
The Right-of-Way Property, Drainage Easement, and Temporary Construction, Grading,
and Access Easements are hereinafter collectively referred to as the "Property".
II.
That upon consideration of the Statement, duly filed with the Court, the Judge of said
Court, did appoint Scott Armey, Michael C. Ramos, and C.R. Woolfolk, Jr. as Special
Commissioners to assess damages caused by the taking of the Property (called the "Special
Commissioners" ).
III.
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 24th day of March, 2004, at 9:00 a.m. in the Community Training Room at the
Central Fire Station, 332 E. 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, Gary Jay Madrigal and Rosarme Madrigal, 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 24th day of March, 2004, 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, Petitioner
Award of Special Commissioners - Page 5
and announced ready for such heating 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 heating 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 rules of damages set forth in Title 4, Chapter 21
of the Texas Property Code as follows:
1. Total damages to be paid, including damages to the remainder if any, by City of Denton,
Petitioner, jointly to Defendants Gary Jay Madrigal and Rosarme Madrigal, is in the amount of
2. The costs of these proceedings are adjudged against (' r7-7'
SIGNED THIS THE 3't'~- day of March, 2004.
SPECIAL COMMISSIONERS
lchael C. Ramos
C.R. "Rick" Woot~tk, Jr.
Award of Special Commissioners -Page
The foregoing Award of Special Commissioners was filed with me the Presiding Judge of
the Probate Court of Denton County, Texas, on the c,9=. ~"~'day of /TLe. rq, ~_ ,2004.
JUDGE PRESIDING
DON R. WINDLE, JUDGE
PROBATE COURT
Award of Special Commissioners - Page 7