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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