2004-114AN 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. N. ALEX
BICKLEE ET AL., CAUSE NO. ED-2003-01327 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 Exlfibit "A", in
condemnation proceeding styled The City of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-
2003-01327 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 ~7~day of ///~.~,~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
APe&~D A~ TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
COPY
Cause No. ED-2003-01327
CITY OF DENTON, TEXAS, §
Plaintiff, §
v. §
N. ALEX BICKLEY, §
Individually and as trustee, §
NEIL A. BICKLEY, §
RONALD WEST ATKINS, §
BAPd3 ARA ATKINS, §
WELLS FARGO BANK, N.A. mad §
CORA T. ROBERTS, §
Defendants. §
FILE FOR RECORD
DEMON OOUNTY CLERK
MAR ~ 0 'ZOO4
OYN'[I~IA I~IITCHELL
CONDEMNATION PROCEEDINGS
FILED IN
THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF COMMISSIONERS
WHEREAS, on the 8th day of October, 2003, The City of Denton, Texas, (hereinafter
referred to as "Plainti~'), filed Plaintiff's Original Statement in Condenmation herein with the
Judge of the Probate Court of Denton County, Texas, ED-2003-01327 styled City of Denton,
Texas v. N. Alex BicMey, individually and as trustee, Neil A. Bickley, Ronald West Atkins,
Barbara Atlcins, l~ells Fargo Bank, N.A. and Cora T. Roberts, (hereinafter referred to as
"Defendants") wherein upon the facts alleged, it sought condemnation of a right-of-way fee
simple and easements on, over and upon certain land situated in the City of Denton, Texas
owned by Defendants N. Alex BicMey, individuall_v and as trustee, Neil A. Bickley, Ronald lYest
Atldns, Barbara At/dns, lFells Fargo Ban/c, N.A. and Cora ~ Roberts; said land being further
described in Attachment "A" hereto which is made a part hereof for all purposes; and
AWARD OF COMMISSIONERS - Page 1
Doc iD SCOTR-819941
8124-0002
WHEREAS, upon consideration of such Plaintiff's Original Statement in Condemnation
and forthwith upon filing, to wit: on October 9, 2003, the said Judge appointed the undersigned
three disinterested freeholders of said County as Special Commissioners to assess the damages
occasioned by the condemnation of such right-of-way fee simple and easement for: (a) ?treet
purposes, (b) to construct, reconstruct, install, repair, and perpetually maintain drainage facilities
between the right-of-way thereto and said land; and, (c) temporary construction, grading and
access easement; as more fully set out in said Plaintiffs Original Statement in Condemnation.
THEREFORE, we, the undersigned Special Commissioners so appointed, duly qualified
as such on November 7, 2003, each taking the Oath as prescribed by law, and fixed the 29th day
of March, 2004 at 9:00 a.m. o'clock, a.m. at the Denton City Hall located at 215 East McKirmey,
Denton, Texas, 76201, as the time and place for hearing said Plaintiff's Original Statement in
Condemnation, such day being the earliest practicable date and such place being in the County
Seat of the County in which said property in controversy is situated, of which time and place of
hearing we issued a Notice in writing to the Defendants herein on March 16, 2004, and said
Notice was duly served upon the said Defendants by a person competent to testify, and who
thereupon made his due and truthful return upon such Notice, and said Defendants have further
executed a Waiver of Notice and Agreement to Proceed on the date, place and time so appointed.
On the day and at the place so appointed for such hearing the said Plaintiff appeared by
and through its representatives and counsel, and the Defendants. did appear, by and through its
representatives and counsel.
Said Special Conuuissioners proceeded to hear evidence as to the value of the following:
a. Fee simple title for street purposes, with such fee simple title vesting in the City
of Denton, Texas in those certain tracts or parcels of land comprised of the following: (i) an
AWARD OF COMMISSIONERS - Page 2
Doc ID SCOTR-~ } 9941
approximate 0.357 acre tract (described in Exhibit 'A' - Tract 1, hereto) and, an approximate
2.152 acre tract (described in Exhibit 'A' -Tract 2, hereto) with record title in N. Alex Bickley
and Nell A. Bickley; and, (ii) an approximate 1.075 acre tract (described in Exhibit 'B', hereto)
with record title in Ronald West Atkins and Barbara Atkins, all together with improvements
thereon and appurtenances thereto (the "Right-of-Way Property"); and
b. An easement in the name of the City of Denton, Texas, in, over and across
that certain tracts or parcels of land containing approximately 0.226 acre tract (described in
Exhibit 'C'; depicted on Exhibit 'D', hereto) with record title in N. Alex Bickley and Nell A.
Bickley, as more particularly described in the Ordinances to ensure access to the Right-of-Way
Property and to construct, reconstruct, install, repair, and perpetually maintain drainage facilities
between the Right-of-Way Property and Defendants' remaining property (the "Drainage and
Access Easement Property").
c. A temporary construction, grading and access easement in the nmue of the City of
Denton, Texas, in over and across that certain tract or parcel of land containing approximately
0.309 acre of land (described in Exhibit 'E'; depicted on Exhibit 'F', hereto); with record title in
N. Alex Bickley and Nell A. Bickley, situated in the City of Denton, Denton County, Texas as
part of the Mary Austin Survey No. A-4, Denton County, Texas more particularly described in
the Ordinances (the "Temporary Construction, Grading and Access Easement Property").
After fully hearing and considering such evidence as to the value of the fee simple
(paragraph a., above) and easements (paragraphs b. and c., above) sought to be condemned upon
said land as further described in Attachment "A' hereto and made a part hereof for all purposes;
and the damages, if any, which will be sustained by the Defendants, by reason of such
AWARD OF COMMISSIONERS - Page 3
Doc 1D SCOTR-81994 I
8124-1>002
condemnation, we have assessed :~:" ' ~:--~ *'~ '
· ~sue-e-s--sus't ...... ~ .... ~e4t-4y the Defendants
by reason of such condemnations.
We assess the drainages as set forth in Section 21.042 of the TEx. PROPERTY CODE, as
follows:
The City of Denton, Texas shall pay all costs to this proceeding, this the 29th day of
March, 2004.
Steve Posto~' '~ ~/.' ~-
Ruth Brock
Robert J. Widmer/ ' .,'
SPECIAL COMMISSIONERS
AWARD OF COMMISSIONERS - Page 4
Doc ID SCOTR-819941
812441002
The Clerk of this Court is hereby ORDERED to notify all parties or their attorneys of
record, as listed in Attachment "B" hereto, of the filing date of this award by certified ;mail,
return receipt requested, at their addresses of record pursuant to Section 21.049 of the TEX.
PROPERTY CODE.
The f°reg°ing decisi°n and Awarders file~,'~}t/la n~? ~ th~i.s }~e~...~x~D day °fMarch, 2004'
JUDt~I~., Prob~ht'e'C~rt
In and for Denton Count, Texas
AWARD OF COMMISSIONERS - Page 5
Doe ID SCOTR-819941
8124-0002
ATTACHMENT "A"
DENTON
EXHIBIT "A'-TRACT 1
Legal Description for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING afl that certain parcel, tract, or strip of land out of the MARY L AUSTIN SURVEY A-4 in the Cify
of Denton, Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records,
Denfon County, Texas, and more particularly described as follows;
BEGINNING at a 1/2" iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet G, Slide 346, Plat Records, Denton County, Texas, end in the west line of that tract
described by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having
Texas Coordinate System, North Central Zone, 1983~1999 coordinates cf x = 2395503.01 and y =
7120881.41feet;
THENCE: w!th the said common line, N 03° 21' 24" E, a distance of 33.31 feet to a 5/8' iron rod set for a
THENCE: S 87" 56' 09" E, a distance of 216.24 feet to a point.for a corner in the west line of that tract
described by deed rec.orded at County Clerks File No 9F-R-043235; from which a 5/8" iron rod set for the
beginning ora curve bears S87'58'09"E, 15.0 feet;
THENCE: with the said line, S 0'1 ° 1 I' 39" E, a disfance of 64.48 feet to a point for comer in the south line
of the tract described by deed recorded in Volume 347, Page 373, deed Records of Denton County,
Texas;
THENCE: with the seid south line, S 88° 37' 02' W, a distance of 222.08 feet to a point for corner, and the
southwest corner of said tract;
THENCE: N 03° 2'1' 24" E, a distance of 44.43 feet to the POINT OF BEGINNING and CONTAINING
0.357 acres of land, more or less as surveyed by john nall jr rpls #1970 during the months of June and
July 2002.
Bearings, Distances, and Coordinates shown hereon a¢e grid per lhe Texas Coordinate System, North
Central Zone, 1983 -'I999 datum. To obtain surface distances, multiply by '1.000'15450 the distances
shown. Areas shown are surface.
See attached Survey Sketch jnj. S-0009 'Ir
rms\L-OO72_E8 Bickley 45 acre Tr-l.dD~edicated to Quality Service"
'www. cityofdenton.com
DENTON
EXHIBIT 'A"-TFIACT 2
Legal Description fora
strip of/and forSpencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County. Texas
BEING all that cat, sin parcel, /ract, or atdp of tend cut of the MARY L. AUSTIN SURVEY A-4 in the City of De~/on, Denton County,
Texas described by deed recorded in Volume 987, Page 548, Deed Records. Denton County, Texas, and more particularly
described as renews;
Commencing at a 1/2" iron rod found for the southeast comer of LOT f, BLOCK 2, MUNICIPAL UTILITY ADDITION, an add/lien
to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet G, ,Slide 346, Plat Records, Denton
County, Texas, and in the west linc of that tract described by deed recorded in Volume 987. Page 548, Deed Records of Denton
County, Texas, having Texas Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2395503.01 and y =
7120881.41feet;
THENCE: with ~hc said common line. N 03 ' 21' 24" E. a distance of 33.31 feet to a 5/8" iron rod set for a corner;
THENCE: S 87' 56' Og" E, a distance of 231.25 feel to a 5/8" iron rod sol for the beginning of a tangent curve to/he left. having a
central angle of 07' ~ 2' 27" and a radius of 29,I3. 50 feet;
THENCE: with the said cur~e, an arc distance of 37'0.28 feet to a 5/8" iron rod set for lhe end of said curve;
THENCE: N 84' 51' 24" E. a distance of 107.31 feet to a 5/8" iron rod set for the beginning of a tangent curve to the right, having a
central angle of 05' 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98.75 feet/o a 5/8" iron rod set for the end of said curve;
THENCE: $ 89' 1 ~ ' 13" E, a distance of 129.12 fact/o a point for a corner in the east line of/he tract described by deed recorded in
County Clerks File No, 97- R~043235 Real Property Records, Denton County, Texas, and the POINT of BEGINNING:
THENCE: S 89 ° 1 ~' 13" E. a distance of 124.04 feet to a 5/8 "iron rod set for an angle poinl;
THENCE: N 89' 47' 'I 5" E, a distance of 488.97 feet to a 5/8"iron rod set reran angle point;
THENCE: S 89" 28' 20" E, a distance of 250. 89 feet lo a 5/8"iron rod set for an angle point;
THENCE: S 89" 59' 15" E, a distance of 358.42 feet to a 5/8" iron rod set for a comer in ihe west line of that lract de'~cribed by deed
recorded in Volume 561, Page 464,.Deed Records, of Denton County, Texas;
THENCE: with the said common line, S 02" 07' 26" E, passing at 35.5 feet a ~/2" iron rod at a fence line feet lying 0.5 feet left of
line; passing al 50.0 feet the center of Spencer Road; in all a distance of 90.'10 feet to a 1/2" iron rod found for the southeast comer
of said lract of land described by deed recorded in Volume 987, Page 548, Deed Records, Denton county, Texas;
THENCE: with the south line of said tract, N 88' 38' 14" W, a distance of 1~25.09 feet to a 1/2" iron rod found for an angle point;
THENCE: continuing with the said south line, S 88' 37' 02" W, a distance of 9900 feel to a point for corner, and the southwest
comer of said/ract;
THENCE: N 03' 21' 24" E, a distance of 58.02 feet to the POINT OF BEGINNING and CONTAINING 2.152 acres of land, more or
less aa surveyed by john nail jr rpts #~ 970 during the months of June and July 2002.
BEARINGS. Distances. and Coordinates shown hereon are grid per the Texas Coordinate Syslern, North Central Zone. 1983 -~ 999
datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
(0/ See attached Survey Sketch jnj. S-OOOg lr
072_E8 8ickley 45 acre Tr-2.d~)edicaled lo Qaality Seruice"
'ww'w. ci~/o, fdenton.cora
DENTON
EXHIBIT
Legal Des crip ffon for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING ail that certain parcel, tract, or strip of/and out of the MARY L, AUSTIN SURVEY A-4 in the City of Denton,
Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas,
and more particularty described as follows;
Commencing at a 'i/2" iron md found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addilion to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet
G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in
Volume 987, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central
Zone, 1983-1999 coordinates of x = 2395503.01 andy = 712088f.41feet;
THENCE: with the said common line, N 03" 2~' 24" E, a distance of 33.3t feet to a 5/8" iron md set for a comer.'
THENCE: S 87° 56' 09" E, a distance of 216.24 feet to a point for a corner;, in the west line of that tract described by
deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denton County, Texas, and the POINT
OF BEGINNING:
THENCE: N 87" 55' 09" E, a distance of 15.04 feet to a 5/5"iron rod set for set for the beginning of a tangent curve
to the left, having a central angle of 07" 12' 27" an d a radius of 2943. 50 feet;
THENCE: with the said curve, an arc distance of 370.28 feet to a 5/8" iron rod set for set for the end of said curve;
THENCE: N 84° 51' 24" E, a distance of 107.31 feet to a 5/8" iron rod sel for the beginning of a tangent curve to the
right, having a central angle of 05° 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 98.76 feet to a 5/8" iron rod set for the end of said curve;
THENCE: S 89° f 1' 13" E, a distance of 129.12 feet to a point for a corner in the east line of the tract described by
deed recorded in County Clerks File No. 97- R-043235 Real Property Records, Denton County, Texas;
THENCE: with the said line S01 "11'39"E, a distance of 68.02 feet to a point for a comer in the south line of the tract
described by deed recorded in Volume 347, Page 373, Deed Records, Denton, County, Texas;
THENCE: with Ihe said fine, S 88" 37'02'~, a distance ef 719.85 feet to a point for a comer;
THENCE: N 01°1t'39" W, a distance of 84.48 feet to the POINT OF BEGINNING and CONTAINING 1.075 acres of
land, more or less as surveyed by john nail jr rpls #1970 during the months bt June and July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central
Zone, I983 -1999 datum. To oblain surface distances, multiply t~y 1.00015450 the distances shown. Areas shown
See attached Survey Sketch jnj. S-O009 3r
ns\L-0072_E8 Atkins 10 acre.doc
"Dedicated lo Quality Service"
'~uww, ci~ofdenton.cora
DENTON
EXHIBIT "C'
Legal DesgripUon for a
Drainage Eaeement out of the
I~A,~Y L AUSTIN SD£VEY A.d
Denton, Dantan ~n~
BEING a# that certdn p~rcel, ~ract, or s~rip oY land ~ut of rhe ~AB Y ~ AUSTIN SUB VEY A-~ in ~he Cl~y of Denton, Denton ~ounry, Texa~ described by
deed re~orded in Volume ~B~ Page ~4~, Deed Records, Denton County, Texas, and more particdady described
BE~I~NIN~ at ~he sou~he~ c~rner of herein described trac~ nf land, ~ld poln~ a/~o being in the nnrth rigb~-of.~ay ~ne of Spencer Hoa~ and h~vlng
Teza~ ~o~rdinate System, ~orth ~emrd Zone, 1~B34 ~99 n~rdln~e~ nf x - 23~6~450, y - 7~ ~O9~5.90 fee~, fram ~hich ~ found 5lB" irnn ~od for
~he southwest c~rner of ~ ~rac~ of land de~cribed by deed recorded in Volume ~1, Page ~,
~ 5" East, 397.95 feet;
THENCE ~ith s~id north right.of.~ay line, North 8~ ~8~0" West a dlst~nce of 2 I O. B9 fee~ ~o ~ poin~ for corne~'
THENCE lemving x~id north right.of.~ay line, North 0~'~0~ E~st a d~st~nce of 2 LO0 feet to ~ poin~ for corner;
THENCE North ~5~ '~0 ' E~st a distance of ~743 fee~ to mn angl~ point:
THENCE Sou~h 8~ ~ B,20~ East ~ distance of 150. B~ feet to an anglo
THENCE ~outh 44 ~B'20" East ~ dixt~nce of 42.43 feet to an angle p~int;
THENCE Sauth 00~'40" East a distance of 2LOO feet to the POINT OF BEGINNING and CONTAINING
xu~eyed by john n~lljr, rpls ~ ~ BYO during the month of June and July 2002.
BEABINGS, Distances, and Coordln~te~ shown h~teon are grid per the Texas Coordinate System, Nouh Central Zone, ~983 q999 datum. To obtdn
surface distances, multiply by L000~5450 the dls~anc~ sho~n. Areas sho~n ~re surface.
See attached $~rvey Sketch jn[ ;.OOS.q;
"Dedicated to Quali~ Service"
-www. cityofder~ton.com
~ £~ .LSOd MOlD.gq
DENTON
EXHIBIT 'E' ~
Le#al Description for a
I~AEY L AUSTIN SDBVEY A.#
BEING all that certain parcd, tract, or strip of land out of the MAE Y L A US TIN SUB VEY A.4 in the City of Denton, Eento~ County, Texa~ described by
deed recorded in Volume 98~ PaRe 54B, Deed Records, Denton County, Texas, and mo~e pardculady descNbed as follows;
BE~IN~ING af the southeast corner d herein described tract of lan~ said/mn rod also being in t~e nort~ d~ht.of, way Iifl~ of Spence~ R~a~ and having
Texa~ Coordinate System, No~th CentraI Zone, 1~83.18~ coordinates of x - 2397304.50, y - 7120825.53 feet, #om which a found 5/8"#on rod for
the ~ou~bwest corne~ ufa uact of land described by deed recorded in Volume 5EL Page 4~4, Deed Reco[ds, Benton County, Texas, bears South 8~58'
15~ Ea~t, 3E Z ES feat;
THENCE leaving said north right.of.w~y line, North O0°J '40" East a distance of 21.00 feet to ~ point for comeq
THENCE No~h 44~'20'' West ~ dist~nc~ of 42.43 feet to an angle print;
THENCE North 89"~'20" West a distance of ~50.89 feet to an angle point;
THENCE with sdd flonh righr.~fiway line, North 88"~'15" ~est ~ d/stance of 2~00 feet to a po~t for comet;
THENCE leaving said north rigkt-ofiwa7 line, Norrk 000~ '40" East a distance of El. J2 f~et to a point for comer;
THENCE South O0°~'4T' West a distance of 20.00 feet to the POINT OF BEGINNING and CONT~lEIE~ 0.~0~ acre$ of Iang mor~ or less ~x
surveyed by john hal/jr, rpls ~ l EZO during the month of Jun~ and July 200Z
BEARINGS, Distances, and Coordinates shown h~reon are grid ~er the Tex~$ Coord/nat~ System, North Central Zone, 1983.1999 datum. To obtMn
See attached Sorve7 Sketch jnfX.O0£T;
"Dedicoted to Quality Service"
www. cityofdenton.com
¥
ATTACHMENT "B"
Parties to be Notified of Filing of Commissioners' Award with Judge of this Court
N. Alex Bickley
14200 Midway Rd., Suite 130
Dallas, TX 75244
Telephone: (972) 702-9930
Telecopy: (972) 702-9933
Attorneys to be Notified of Filing of Commissioners' Award with Judge of this Court
Kenneth D. Martin
Kenneth D. Martin & Associates, P.C.
1409 S. Lamar St.
Suite 216, L.B. 40
Dallas, TX 75215
Telephone: (214) 421-7080
Telecopy: (214)421-7082
Rider Scott, Esq.
Thompson, Coe, Cousins & Irons, L.L.P.
700 North Pearl Street, Suite 2500
Dallas, Texas 75201-2832
Telephone: (214) 871-8200
Telecopy: (214) 871-8209
AWARD OF COMMISSIONERS - Page 6
Doc ID SCOTR-819941
8124-0002
FILE FOR RECORI
DENTON COUNW CLERK
CITY OF DENTON, TEXAS
Pla'mtiff
N. ALEX BICKLEY,
Individually and as trustee,
NEIL A. BICKLEY, RONALD WEST
ATKINS, BARBARA ATKI~S,
WELLS FARGO BANK, N.A., and
CORA T. ROBERTS,
Defendants
CAUSE NO. ED-2003-01327
MAY 2,5 Z004
CONDEMNATION PROCE~ O[PUT'
FILED
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
WAIVER OF ISSUANCE AND EXECUTION OF WRIT OF POSSESSION
TO THE HONORABLE JUDGE OF SAID COURT:
The undersigned is the attorney of record for N. Alex Bickley, Neil A. Bickley, Ronald
West Atkins, and Barbara Atkins, Defendants in the above entitled and numbered cause. I am
attthorized to sign this instrument on behalf of said Defendants. Defendants hereby waive
issuance and execution of a writ of possession for the property sought to be taken in these
proceedings in accordance with the Order Granting Possession entered by this Court on May 5,
2004.
SIGNED this ~_ day of
Dallas, TX 752~
Waiver of Issuance and Execution of Writ of Possession - 1
ACKNOWLEDGMENT
SUBSCRIBED AND SWORN TO bc£ore me, thc undersigned authority, by thc said N.
Alex Bickley on the ~ "-d'ay of fi'~ ~:} ~' ,2004, to certify and witness my hand and
seal of office.
Notary xn and for the State of Texas
My commission expires:
Waiver of Issuance and Execution of Writ ~of Possession - 2
70 2DO~ DD(]eBDTO
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Recorded On: July 06, 2004
Parties: CITY OF DENTON
To
Instrument Number: 2004-88070
As
Waiver
Billable Pages: 4
Number of Pages: 4
Comment:
Waiver
20.00
Total Recording: 20.00
** Examined and Charged as Follows: **
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental Dr use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law,
File Information:
Document Number: 2004-88070
Receipt Number: 122025
Recorded Date/Time: July 06, 2004 09:18A
User / Station: F Chenevert - Cash Station 4
Record and Return To:
CITY OF DENTON
601 E HICKORY STREET
STE B
DENTON TX 76205
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certlty that this instrument WaS FILED In the File Number sequence on the date/time
pHrded heron, and was duly RECORDED in the Offl=lal Records of Denton County, Texas.
County Clerk
Denton County, Texas
FILE FOR RECORD
DE~ION COUNTY CLERK
0 5 004
CAUSE NO. ED-2003-01327
C¥N~Ar,MITCHELL
CITY OF DENTON, TEXAS
Plaintiff
N. ALEX BICKLEY,
Individually and as trustee,
NElL A. BICKLEY, RONALD WEST
ATKINS, BARBARA ATKINS,
WELLS FARGO BANK, N.A., and
CORA T. ROBERTS,
Defendants
CONDEMNATION PROCEEDINGS
FILED
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
ORDER GRANTING POSSESSION
The Court, having received the Notice of Deposit, filed with the Court on the ~ ~ay" of
~ ,2004 and the Court being fully advised in .the premises hereby approves the
contents of ~id Notice of Deposit and hereby makes the following findings and orders: The Court hereby finds that:
Petitioner, the City of Denton, Texas, has deposited into the registry of the Court the full
Award of the Special Commissioners in the amount of one hundred sixty one thousand eight
hundred thirteen dollars ($161,813.00), payable to the Defendants, N. Alex Bickley, Individually
and as trustee, Neil A. Bickley, Ronald West Atkins, Barbara Atkins, Wells Fargo Bank, N.A.,
and Cora T. Roberts.
Petitioner, the City of Denton, Texas, has paid all costs adjudged against it in this
proceeding.
IT IS THEREFORE, ORDERED AND ADJUDGED that in compliance with Section
21.021 of the Property Code, Petitioner, the City of Denton, Texas, is entitled to take immediate
possession of the property sought to be taken in this proceeding for the proposes described in
Petitioner's First Amended Statement in Condemnation, which property is fully described in
Exhibit "A" attached hereto and made a part hereof by reference, and writ of possession is
ordered issued to the State of Texas and the City of Denton, Texas.
SIGNED this ,~Xday of
~ ,2004.
JUDGE ~
'DbN R. WINDLE, JUDGE
Order
Granting
Possession
PROBATE COURT
EXHIBIT"A"
DENTON
EXHIBIT "A'-TRACT 1
Legal Descrlpt[on for a
strip of land for Spencer Road out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or strip of/and out of the MARY L. AUSTIN SURVEY A.4 in the City
of Denton, Denton County, Texas described'by deed recorded in Volume 987, Page 548, Deed Records,
Denton County, Texas, and more particularly described as follows;
BEGINNING at a 1/2' iron rod found for the southeast comer of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet G, Slide 346~ Plat Records, Denton County, Texas, and in the west line of ~hat tract
described 'by deed recorded in Volume 987, Page 548, Deed Records of Denton County, Texas, having
Texas Coordinate System, IVo~h Central Zone, 1983-1999 coordinates of ~ = 2395503.01 and y =
7120881.41feet;
THENCE: w~th the said common line, N 03° 21' 24" E, a distance of 33.31 feet to a 5/8' iron rod set for a
comer;
THENCE: S 87" 56' Od" E, a distance of 216.24 feet to a point.for a corner in the west line of that tract
described by deed reqorde~l at County Clerks File No 97-R-043235; from which a 5/6' iron rod set for the
beginning cfa curve bears S67~55'09"E, 15.0 feet;
THENCE: with the said line, S 01 ° 11' 39" E a distance of 64. 48 feet to a point for comer in the south line
of the tract described by deed recorded in Volume 347, Page 373, deed Records 'of DenIon County,
Texas;
THENCE: with the said south line, S 88 ° 37' 02" W, a distance of 222.06 feet fo a point for comer, and the
southwest comer of said tract;
THENCE: N 03' 21' 24" E, a distance of 44.43 feet to fha POINT OF BEGINNING and CONTAINING
0.357 acres of land, more or less as surveyed by john nail .ir rpla #1970 during the months of June and
July 2002.
Bearings, Distances, and Coordinates shown hereon ate grid per the Texas Coordinate System, North
Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances
shown. Areas shown are surface.
See a~ached Survey Sketchjni. S-O009 Ir
,/b¥~l:~orrns\L.0e72_EB Blckley 45 a~e'Tr-1 .clDA .....
· ] - ueaicatea to tdua~ity Service '
~ 'u, nuw. cityofdznton.com
DENTON
EXHIBIT 'A'-TRACT 2
LegM Description for a
strip of land for Spencer Road ou! of the
MARY I.. AUSTIN SURVEY A-4
Denton, Denton Counl~, Texas
BEING all Ihat cedain parcel, b'ac[ or strip of la'nd out of the MARY L. A ueTIN SURVEY A.4 In the City of Oe~tan, Denton County.
Taxes descdbed by deed recorded in Volume g87. Page 548. Geed Records, Denton County, Texas, and more pe~iculady
described as follows;
Commencing al a 1/2" Iron rod found for the southeast comer of LOT f, BLOCK 2, MUNICIPAL UTILITY ADDITION, an add~tiDe
to the Cliy of Denton, Denton C~Jnty, -rexes according to the plat thereof recorded in Cabinet G, Slide 346, Plat Records, Denton
County, Texas. and In the west line of thai tract described by deed recorded in Volume 987. Page 548, Deed Records of Denton
County, Texas, having Texas Coordinate System, No,th Central Zone. tg83.1999 coordinates of x = 2395503.01 and y =
7f20881.41faeC
THENCE: with {he said common line, M 03' 21' 24' E, e distance of 33.31 feet fo a 5/8 ' iron rod set for e camac
THENCE: S 87' 56' Og' E, a dialnnce of 23t.28 feet to a 5/8" iron rod sol for the beginning of a tangent cu~e fo the left, having a
central angle of 07' 12' 27' and a radius of 2943.50 feet;
THENCE: with the said curve, an ere distance of 370.28 feel lo a 5/8' iron rod set for the end of said curve;
THENCE: N 84 ' 5f* 24' E, e dislance of 107.31 feat iD a 5~' iron rod set for the beginning of a Isngent curve to the right, having a
central angle of 05* 57' 23' and a radius of 950.00 feet;
THENCE; with the said curve, an arc distance of 98. 76 feet lo a 5/8~ Iron rod sat for the end of said cunre;
THENCE: S 89' 1 I' 13 · E, a distance of 12li. 12 feat 1o a point for e comer in the east line of the tract described by deed recorded in
County Clerks File No, 97- R.043235 Real Propedy Records. Denton County, Texas. and the POINT ef BEGINNINg:
THENCE: S 8g* 11' 13'E, e dislance of t24.04 feel lo a 5~8"iron rod set for an angle point;
THENCE: IV 89' 47' tS' E, a distance of 488. g7 feet fo · 5~8'Iron rod set for an angle point;
THENCE: S 8g' 28° 20' E, a d/stance of 250. 8g feat to a 5/8'.Iron rod set for an angle point;
THENCE: S 89' 59' 15" E, a distance of 358.42 feet to a 5/8' Iron rod set for a corner in ihe west line of thai tract de'scribed by deed
recorded tn V~lume 561, Page 464,.Oeed Records. of Denton County, Texas;
THENCE: with the said common line. S 02' 07' 28" E. passing at 35.8 feel a 1/2" iron rod at a fence line feet ly!ng 0.5 feet left
line; pessthg al 68.0 feel the center of Spencer Read; in all a distance of 90.10 feet to a t/2' iron rod found for the southeast comer
of said tract of land described by deed recorded in Volume li87, P~ge 548, Deed Records. Denton county, Texas;
THENCE: with Ihe south line of said treci, N 88" 38' 14" W. a distance of 1 f25.0g feet fo a 1/2' iron rod found for an angle point;
THENCE: continuing with the said south Ilea, S 88' 37' 02' W, a distance of 99.00 feel to a point for comer, and the southwest
comer of said
THENCE: N 03 ° 21' 24' E, a distance of 68, 92 feet to the POINT OF BEGINNING and CgN'rAINING 2.152 acres of land, more or
less es surveyed by John nall jr rple #1970 during the months of June and July 2002.
BEARINGS, Distances, end Coordinates shown hereon ara gdd perthe Texas Coordinate Syslem, North Central Zone, 1983
datum. To obtain surface d~stsncee, multiply by 1.00015450 the distances shown. Areas shown ere surface.
Forms~['-0072_E8 Blckley 4.5 ac~e Tr-2.d,;~ad~.ceted to O. uaJit~ ear,ice°' 'uruno. eihjofdtntan.corn
DENTON
EXHIBIT
Legal Description for a
strip of land for Spencer Road cut of the
MARY L. AUSTIN SURVEY A.4
Denton, Denton County, Texas
BEING all that certain parcel, tract, or ,~trip of land out of lhe MARY L. AUSTIN SURVEY A-4 In the City of Denton,
Denton County, Texas described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas,
and more particularly described as follows;
Commencing at a 1/2" iron rod found for the southeast corner of LOT 1, BLOCK 2, MUNICIPAL UTILITY
ADDITION. an addition to fha City of Denton, Denton County, Texas according to the plat thereof racorded in Cabinet
G, Slide 346, Plat Records, Denton County, Texas, and in the west line of that tract described by deed recorded in
Volume 957, Page 548, Deed Records of Denton County, Texas, having Texas Coordinate System, North Central
Zone, 1983-1999 coordinates clx = 2395503.01 andy = 7120881.41feet;
THENCE: with the said common line, N 03' 2~] '24" E. a distance of 33.31 feet to a 5/8'Iron red set fora corner:
THENCE: S 87"56' Og" E, a distance of 216.24 feel to a point for a comer;, in the west line of that tract described by
deed recorded at County Clerks File No 97-R-043235 Real Property Records, Denlon County. Texas, and the POINT
OF BEGINNING:
THENCE: N 87' 56' 09' E, a distance of 15.04 feet to a 5~" iron rod set for set for the beginning of a tangent curve
to the left, having a central angle of 07' 12' 27" and a radius of 2943.50 feet;
THENCE: with the said curve, en arc distance of 370.28 feet to a 5/8" iron rod set for set for the end of said curve;
THENCE: N $4° 51' 24' E. a distance of 107.31 feet to a 5/8" Iron rod set for the beginning of a tangent curve to the
dght, having a central angle of 05' 57' 23" and a radius of 950.00 feet;
THENCE: with the said curve, an arc distance of 9& 76 feet to a 5/8" iron rod set for the end of said curve;
THENCE: $ 89° 11' 13" E, a distance of 129.12 feet iD a point for a comer in the east line of the tract described by
deed recorded in County Clerks File No. 97- R-043235 Real Property Record.~, Denton County, Texas;
THENCE: with the said line S01 'V 1 '39"E, a distance of 6B. 02 feet to a point for a corner in Ihe south line of lhe tract
described by deed recorded in Volume 347, Page 373. Deed Records, Denton, County. Texas;
THENCE: with the said line, S 88' 37'02'1,V. e distance of 719. 85 feet to a point for a comer;
THENCE: N 01°11'39" W, a distance of 64.48 feet to the POINT OF BEGINNING and CONTAINING 1.075 acres of
land, more or less as surveyed by john nail jr rpls #1970 during the months ~f June and July 2002.
BEARINGS. Distances, and Cool:dinates shown hereon are grid per the Texas Coordinate System, North Central
Zone, lg83 -1999 datum. To obtain surface distances, multiply by 1,00015450 the distances shown. Areas shown
are sudace
ns'~L-0072_E8 Alklns 10 acre.doc
See at,chad Survey Sketchjnj. S-O009 3r
"Dedicated ta ~.uttli~ Seruice"
· tu[u~u, ci~ofden ton .corn
DENTON
EXHIBIT 'C'
Zagal Dns~glptJn# far a
Draiaag~ £asemant oat of the
MARY L AIIETIN SU~V£Y A.4
Denton, Denton Co~nr),, Texan
Texas Eoo/dinate System, ~otth Ce~trM Zone, I~83.19EE coordinate~ of x - ~397EE4.50, y - 7120E25.90 feet, [toe whic~ a found ~g'
the ~outbwe~t com~ of a tract of la~ de~rlbed by de~ recorded ia Volume ~8 L Page ~84, Deed Records, Denton Eounty, T~xas, bears
T~CE wir~ ~aJd non~ r~M.of.w~y ~n~, Noah E9 ~o~o' ~est ~ ~istan~e of 2 ~ fl. 8~ feet ~a ~ p~nt fat corn~;
THEN&E No~ 45'~ '40' East a distance of 42.43. feet to an angle paine
Sea attached Survey Sketeb j~ i.O089;
"Dedicated la Q~.mllty Seruice"
ww'u~.cityofdenton.cora
DENTON
EXH1BIT 'E'
~e~ol Oescriptlfin for a
THENCE Sout~ 45~ '30" We$~ a ~stance of 42.~3 feet to an a~gle poinC
THENCE ~avlng ~aid noc~ rJEh~.~f, way li~e, gorr~ OE~E '40' Ea~l a ~stan~e o/EL3~ feet lo a point
"Dedicated to Quality Service"
unuro, cityofdenton.com
[Z/// .I. SO~ NOIO2n
ATTACHMENT "B"
Parties to be Notified of Filing of Commissioners' Award with Judge of this Court
N. Alex Bickley
14200 Midway Rd., Suite 130
Dallas, TX 75244
Telephone: (972) 702-9930
Tele¢opy: (972) 702-9933
Attorneys to be Notified of Filing of Commissioners' Award with Judge of this Court
Kenneth D. Martin
Kenneth D. Martin & Associates, P.C.
1409 S. Lamar St.
Suite 216, L.B. 40
Dallas, TX 75215
Telephone: (214)421-7080
Telecopy: (214)421-7082
Rider Scott, Esq.
Thompson, Coe, Cousins & Irons, L.L.P.
700 North Pearl Street, Suite 2500
Dallas, Texas 75201-2832
Telephone: (214) 871-8200
Telecopy: (214) 871-8209
AWARD OF COMMISSIONERS - Page 6
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO ~ REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS Y. N. ALEX
BICKLEY, ET AL., CAUSE NO. ED-2003-01327 PENDING IN THE PROBATE COURT OF
DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEKEBY ORDAINS:
SECTION 1.. That the Award of Special Commissioners, attached hereto as Exhibit "A", in
condemnation proceeding styled The Cit~ of Denton, Texas v. N. Alex Bickley, et al., Cause No. ED-
2003-01327 pending in the Probate Court 6f Denton County, Texas' is hereby authorized to be paid
into the Registry of the Probate Court.
SECTION 2. That this ordinance shall
approval.
PASSED AND APPROVED this ~he
ATTEST:
JENNIFER WALTEP,~, CITY SECKEq RY
HERBERT L. PROUTY, CITY ATTORNEY
BY:
become effective mediately upon its passage and
6~-~day of /~ ,2004.
EULINEBROCK, MAYOK
CERTIFIED COPY CERTIFICATE :~
STATE OF TEXAS, COUNTY OF DENTON
~, CYNTHIA Mi"[ CHELL, County Clerk of Denton County,
Texas do hereby certify that this is a true & correct
copy as same appears of record in my office.
3A~ness m~ · hand a~d seal ~of . o~i_ce on ~...~ j
~ Cynthia Mitchell
(~'f~/\_.\?~ Denton County Clerk - ~,
70 2OD'~ DOOSBO62
Denton C, ounty
Cynthia Mitchell
County iClerk
Denton, TX 76202
Recorded On: July 06, 2004
Parties: CITY OF DENTON
To
Comment:
Instrument Number: 2004-88062
Billable Pages: 15
Number of Pages: 15
Order
42.00
Total Recording: 42,00
** Examined and Charged as Follows: **
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid a~nd unenforceable under federal law.
I
File Information: Record and Return To:
Document Number: 2004-88062
Receipt Number: 122022
Recorded Date/Time: July 06, 2004 09:15A
User / Station: F Chenevert - Cash Station 4
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the File Numb
County Clerk
Denton County, Texas
CITY OF DENTON
601 E HICKORY STREET
DENTON TX 76205