2004-170ORmNANCE NO. POd-/ .P
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.592 ACRE PUBLIC UTILITY EASEMENT AND AN
APPROXIMATE 0.869 ACRE TEMPORARY CONSTRUCTION EASEMENT BOTH OF
WHICH ARE OUT OF A PARCEL OR TRACT OF LAND DESCRIBED IN THAT CERTAIN
DEED TO DANA J. BEAVERS AS RECORDED IN VOLUME 3373, PAGE 10 OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, BEING LOCATED IN THE M.E.P.
& P. R.R. SURVEY, ABSTRACT NO. 927 IN DENTON COUNTY, TEXAS AND BEING
PART OF A TRACT OR PARCEL OF LAND OWNED BY DANA J. BEAVERS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO
PURCHASE THE EASEMENTS FOR THEIR JUST COMPENSATION AND IF SUCH
OFFER IS REFUSED, AUTHORIZiNG THE CITY ATTORNEY TO iNSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE
PROPERTY; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL ACTION
TO OBTAIN A COURT ORDER TO ENTER UPON THE SUBJECT PROPERTY TO
PERFORM A SURVEY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of the real property interests as hereinafter
described; and
WHEREAS, the hereinafter described property is believed to be owned by Dana J.
Beavers aka Dana J. Smith (the "Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS:
SECTION I. Public necessity exists and public welfare and convenience require the
acquisition of the following:
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 acre (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 and immediately adjacent to the right~of-way line of Loop
288, as more particularly described in Exhibit "A", attached hereto an made a part of
hereof by reference (the Permanent Public Utility Easement") and as depicted on Exhibit
"C", attached hereto and made a part hereof by reference;
a temporary construction easement in the name of the City of Denton, Texas on and
across that certain tract or parcel of land containing approximately 0.869 acre as more
particularly described in Exhibit "B" attached hereto and made a part hereof by reference
(the "Temporary Construction Easement") and as depicted on Exhibit "C", to use for
access, staging, and placement of materials, equipment and supplies 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 (1) year from the date the City of Denton takes possession of the Temporary
Construction Easement property, which ever occurs first.
The Public Utility Easement and Temporary Construction Easement are hereinafter
collectively called the "Easements". The City shall have the right, as the dominant
easement owner, to prohibit any use of the Permanent Public Utility Easement which
would unreasonably 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. The Owner will have the right of access across the Easements.
SECTION 2. The Owner has refused to give the City permission to enter upon the
Parent Tract to perform a survey for the Project. Therefore, the City Attorney, or his designee, is
hereby authorized to file any legal action he deems appropriate to obtain a court order to permit
entry on the Parent Tract to perform the survey.
SECTION 3. The City Manager or his designee is hereby authorized and directed to
make an offer to the Owner in the amount of $ 41,000.00 as just compensation for the Easements
based an amount determined by an independent fee appraisal obtained by the City.
SECTION 4. In the event the offer as described in Section 3 is refused by the Owner, the
City Attorney or his designee is hereby authorized and directed to file the necessary
condemnation proceedings or suit and take whatever action that may be necessary against the
Owner and any other parties having an interest in the Property to acquire the Easements in the
name of the City of Denton, Texas, as provided in Section 1 above.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in the Property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as defendants in said condemnation.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /,~-~ dayof ~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Page 2
APPROVED AS TO LEGAL FORM:
Page 3
20' EASEMENT
M.E.P. AND P.R.R. COMPANY SURVEY, ABST. NO. 927
CITY OF DENTON
DENTON COUNTY, TEXAS
BEINO a/~act 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 $.
Beavers as recorded in Volume 3373, Page 10 of the Real PrnpeWj Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING at the most northerly northwestexly comer of said Beavers tract, at the most
westerly southwest corner of Lot l, 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 southwe~ 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 being South 00 degrees 53 minutes 07 seconds
West, a distance of 169.98 feet fi.om a TxDOT monument found in the southerly line of
East McKJnney 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 L'win tract, a distance of 29.15 feet to a point
for corner;
THENCE South O0 degrees 53 minutes 07 seconds West, over and across said Beav~s
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 Danton
as recorded in Cabinet O, Page 264 of the Plat Records of Deeton County, Texas, same
being at the beginning ora 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 del~'eas 59 minutes 09 seconds
West, a chord length of 14.82, a delta angle of 01 degreas 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 and the north line of said Lot 2, a distance of 5.18 feet to a point in
the east line of said State Highway Loop 288;
THENCE No~h 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.
30' TEMPORARY CONSTRUCTION EASEMENT
M.E.P. AND P.R.R~ COMPANY SURVEY, ABST. NO. 927
CITY OF DENTON
DENTON COUNTY, TEXAS
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 ora tract of land described by deed to Dana J'.
Beavers as recorded in Volume 3373, Page 10 of the Real Propeny Records of Denton
County, Texas, and being more particularly described as follows:
BEGINNING in the northwest llne of said Beavers tract, in the southwest line of a tract
land described by deed to Craig Irwin and Dale Irwin, as recorded under County Clerk's
File No. 95-B.0050144 of the Real Prope~ Records of Denton County, Texas, and being
South 42 degrecs 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
corner of said of said Irwin tract, et tha most westerly southwest comer of Lnt 1, Block A
of thc 7-11 Loop 288 Addition, an addition to the City of Dentun as recorded in Cabinet
K, Page 32 of the Plat Records of Danton County, Texas, and in the west line of said
Stale 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 corner;
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 Danton
as recorded in Cabinet O, Page 264 of the Plat Records ofDentun Coumy, Texas, same
being at the beginning ofa non-tangant 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 87 degrees 07 minutes 41 seconds
West, a chord length of 30.06, a delta angle of 03 degrecs 49 minutes 43 seconds and an
arc length of 30.07 feet to a point for comer;,
THBNCB North 00 de~"ees 53 minntes 07 seconds Bast, over and across said Beavers
tract, a distance of 1279.19 feet to the POINT OF BBGINNING and containing 0.$69 of
an acre of land more or less.
EXHIBIT "C"
30' Temporary
Construction £osemen
29.1
DUCHESS STREET
N89~4~
18'
DATE,: 5/6/200¢
SCALE: 1"= 200'
CALC. BY: M.B.A.
DRAWN BY: M.B.A.
63D082515
R=450. 00'
L=14.82'
CB=S8gSg'o9"w
CHD=14.82'
Z~ =01'53'13"
0.592 ACRE
0.869 Acre .~ % ,~.
EXHIBIT
20' EASEMENT
30' Temporary Construction ga~ement
YEP. ~ P.£~Z com'mv7 suR~, ~ Ho.
CItY OF DENTON
DE~ON COUN~ TE~S
~ ~hur Sumeymg Co., Inc.
YIIhIIIIIII~~IIIIN
Recorded On: February 15, 2007
Parties: CITY OF DENTON
To
Comment:
Judgment Lien
Total Recording:
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2007-18645
As
Judgment Lien
( Parties listed above are for Clerks reference only )
Billable Pages: 13
Number of Pages: 13
64.00
64.00
** Examined and Charged as Follows: **
************ DO NOT REMOVE 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 and unenforceable under federal law.
File Information:
Document Number: 2007-18645
Receipt Number: 360777
Recorded Date/Time: February 15, 2007 10:41:51A
Record and Return To:
KELSEY KELSEY COLLISTER AND HICKEY PLLC
P O BOX 918
DENTON TX 76202
User / Station: C Robinson -Cash Station 2
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J THE STATE OF TEXAS }
COUNTY OF DENTON }
I M1ereby certify that this instrument was FILED in the File Number sequence on the tlateltime
Printetl heron. antl was tlulY RECORDED in the Orlicial Racortls of Den[on County. Texas.
f
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'"~.....• %• County Clerk
Denton County, Texas
FILE FOR !'cECOr^~,D
DENTON COiJtdTY CLERK
FEB 0 3 2007.
CAUSE NO. ED-2004-485
C I- ~ ..,ii i C1•icLL
DEPUTY
CITY OF DENTON, TEXAS § CQNDEMNATION PROCEEDINGS
Plaintiff § FILED
v. §
§
DANA J. BEAVERS aka DANA J. SMITH, § IN THE PROBATE COURT
HOWARD SMITH, JAMES TEMPLER, §
TIMOTHY HUNT, and BANK §
MIDWEST, N.A., §
Defendants § OF DENTON COUNTY, TEXAS
FINAL NDGMENT
On this day was presented to the Court the motion of the Plaintiff and Condemnor, City
of Denton, Texas, for approval of this agreed judgment. It appears from such motion and the
signatures appended on this Final Judgment that all parties have agreed to the form and content
of the Judgment. It is accordingly found and ordered:
That no hearing shall be had on this Judgment and that trial by jury or non jury
has been waived and all matters submitted to this Court to be resolved in the form
of this fmal judgment;
2. That no hearing or trial is necessary for this Court to exercise its jurisdiction and
power to sign this Judgment and make it effective as the Final Judgment in this
case;
3. That the City of Denton is a home rule municipal corporation situated in Denton
County, Texas;
4. That the City of Denton, acting through its duly impaneled and sworn members of
the City Council enacted and passed an ordinance authorizing the acquisition of a
permanent and perpetual public utility easement in the City of Denton, Texas, for
the construction, reconstruction, installation, and maintenance of public utilities
in, over, on, across and under 0.592 acres of land more particulazly described in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes;
AND a temporary construction easement in the City of Denton, Texas, in, on, and
R CEIVED across a certain 0.869 acre tract of land shown in Exhibit "B" attached hereto aqd
~_DEPUTY incorporated herein by reference for all purposes to use for access, staging, and
placement of materials, equipment and supplies and in conjuncticn with
FEB 0 5 2007 construction activities for the construction and installation of public utilities
provided for in the permanent public utility easement with: such temporazy
DENTON COUNTY CLERK construction easement to begin on the first day that actual corisiruction er, the
CYNTHIA MITCHELL .
Pagel Of S- FINAL JUDGMENT ~ ~
(City of Denton/Beavers/Final JudgmenQ[ss;092706]
permanent public utility easement is commenced and expiring upon completion of
the construction activities on the permanent easement but not later in any event
than April 30, 2008; '
5. That the City of Denton filed its ORIGINAL STATEMENT IN CONDEMNATION On
September 23, 2004, naming Dana J. Beavers aka Dana J. Smith, Howard Smith,
James Templer, Timothy Hunt, and Bank Midwest, N.A as Cotidemnees or
Defendants in condemnation;
6. That before such statement in condemnation was filed, the City of Denton made a
bonafide offer to such Defendants in compliance with Texas Property Code
§21.012(b)(4) and that the Plaintiff and Defendants were unable to agree on the
damages;
That on the 5th day of October, 2004, the presiding Judge of this Court appointed
Ruth Brock, Miller Davidge, and Lisa Polster to serve as Special Commissioners
pursuant to Texas Property Code §21.014. All of such Special Commissioners
were identified to be disinterested free holders who resided in Denton County,
Texas, and were fully qualified to serve as commissioners;
8. That the Special Commissioners individually and collectively signed and filed
their appropriate oath under the provisions of Texas Property Code §21.014(b);
9. That by order dated the 17th day of December, 2004, the said Special
Commissioners set for hearing the petition of Condemnor for the purpose of
assessing damages;
10. That NOTICE of HEARING was issued the 17's day of December 2005. A true and
COlreet Copy of the NOTICE OF HEARING and the ORIGINAL STATEMENT IN
coxDEMNATION were served upon each of the Defendants at least twelve full days
before the date set for hearing or waivers signed;
11. That the heazing was had on Februazy 1, 2005;
12. That at such hearing, the City of Denton appeazed by 'and through its attorney of
record. Dana J. Beavers aka Dana J. Smith and Randy Smith appeazed by and
through their attorney, Tom Dirickson. Randy Smith appeazed in person. Tom
Jester appeazed as attorney for Howazd Smith. Howazd Smith appeazed in person.
James Templer appeazed in person. Stephen Reese appeazed as attorney for
Timothy Hunt. Timothy Hunt appeazed in person. After due hearing and
deliberation, the Special Commissioners rendered their award on February 1,
2005, which was filed of record in this Court on February 2, 2005, assessing
damages in the total amount of $61,973.00;
13. That on February 2, 2005, a notice of the decision and awazd of Special
Commissioners was filed with the clerk of this court and .mailed to all
Condemnees;
Page 2 OF S- FINAL JUDGMENT
(City of Denton/t3eavers/Final ludgtnent)[ss;092706]
14. That on February 28, 2005, the Condemnees Dana J. Smith filed her oBJECTIOtvs
TO THE AWARD OF COMMISSIONERS AND ORIGNAL ANSWER;
15. That on February 28, 2005, Condemnee Timothy Hunt filed his oBJECTtoNS To
THE AWARD AND ORIGINAL ANSWER;
16. That on the 21" day of March, 2005, condemnee Howard Smith filed his
OBJECTIONS TO THE AWARD AND ORIGINAL ANSWER;
17. That the City of Denton waived service of process, thus conferring jurisdiction
upon this Court and terminating the administrative phase of this case;
18. That Bank Midwest, N.A. filed 1tS WAIVER OF SERVICE OF PROCESS AND GENERAL
APPEARANCE on April 1, 2005;
19. That on April 5, 2005, the City of Denton filed its NOTICE OF DEPOSIT and
tendered into the registry of the court the full amount of the awazd, namely
$61,973.00;
20. That James Templer did not make an objection to the awazd nor file an answer but
was carried forward as a party to this proceeding in that the appeal by any party
constitutes an appeal by all parties and converts the entire case from the
administrative phase to the litigation phase;
21. That the Federal Deposit Insurance Corporation as successor to Resolution Trust
Corporation and as receiver for Sunbelt Federal Savings, FSB was properly made
a party in the administrative phase and is identified as a party before this Court in
the litigation phase;
22. That this Court has in personam and in rem jurisdiction over the subject matter of
this proceeding in all necessary and proper parties;
23. That the active pleading for the Condemnor IS PLAINTIFF'S FIFTH AMENDED
STATEMENT IN CONDEMNATION filed April 7, 2006;
24. That the City of Denton has agreed to pay and deposit into the registry of the court
an additional $15,000.00 to Condemnees over and above the awazd of the Special
Commissioners as deposited into the registry of this Court which sum
Condemnees have agreed to accept as a full and final satisfaction of all damages
owed to Condemnees as a result of this condemnation proceeding;
25. That the City of Denton has done all things necessary under the law to acquire
title to the easements herein specified as "the 0.952 acre permanent easement" and
"the 0.869 acre temporary construction easement" herein stated;
26. That all right, title, and interest of any of the Condemnees in and io the rights and
privileges in and to the permanent easement as stated in item 30 herein is divested
out of them and vested in the City of Denton, Texas, Condemnor; -
Page 3 Of 5- FINAL JUDGMENT
(City of DentonBeavers/Final Judgment)[ss;092706]
27. That all right, title, and interest in and to the rights set forth in the temporary
construction easement aze divested out of Condemnees and vested in the City of
Denton, Texas;
28. That the legal description of the permanent easement of 0.592 acres is attached
hereto and designated as Exhibit "A" and incorporated herein by reference for all
purposes;
29. That the temporary construction easement consists of 0.869 acres more
particulazly described in Exhibit "B" attached hereto and incorporated herein by
reference for all purposes; '
30. That the uses, benefits, and easement rights and privileges awazded to the City of
Denton in the permanent easement are as follows:
The twenty foot wide permanent utility easement is
to be used for the purpose of construction,
reconstruction, installation, and maintenance of
public utilities in, over, on, across, and under the
0.592 acre tract of land described in Exhibit "A".
The City of Denton shall own the dominate
easement affecting the tract of land described in
Exhibit "A" and may prohibit any use of the
easement which would unreasonably 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 easement
boundaries. Condemnor will also have the right of
access over and across the easement which includes
access from adjacent streets orrights-of--way.
31. That the uses benefits, and easement rights and privileges awazded to the City of Denton
in the temporary construction easement aze as follows:
The 30 foot wide temporary construction easement is to be used
for the purposes of access, staging, placement of materials, equipment and
supplies, and the conduct of general construction activities reasonably
necessary and appropriate to authorize and implement the improvements
on the permanent easement. The temporazy construction easement shall
expire upon completion of the constrvction activities or one yeaz from the
date Plaintiff takes physical possession of the temporary construction
easement, but not later in all events than Apri130, 2008. _
Page 4 of 5- FINAL JUDGMENT
(City of DentonBeavtrrs/Final Judgment)[ss;0927Wj
32. That the underlying liens, mortgages and deeds of trust have been fully paid, discharged
and released of record.
33. That no execution shall issue for monetazy sums owed Condemnees because such
amounts have been paid.
This is a Final Judgment intended to dispose of the entire case and all parties. All costs in
this matter attributable to the condemnation case are taxed against City of Denton, Texas,
Condemnor. All costs in regazd to private disputes among the Defendants and Condemnees aze
taxed to each of the~as they have been incurred.
SIGNED this ~ day of
AND
FORM
Richazd H. Kelsey,
Attorney for City of Denton, Texas
Tom Jester,
Attorney for Howard Smith
James Templer,
Pro Se
Stephen E. Reese,
Attorney for Timothy Hunt
Douglas Neeb,
Attorney for Bank Midwest, N.A.
Tom Dirickson,
Attorney for Dana J. Smith a/k/a
Dana J. Beavers
/'~;-
,off 1'Ita~v cou:t;r ~ .
Pege 5 of 5• Ftnnt. Juucmercr
(City of DentonBeavers/Final Judgment)[ss;092706]
num: Tian u~ncason w. niawru nosey ua,e. a v,tw, umc: o:w: w rm raae c ~~ ~
32. That the underlying liens, mortgages and deeds of tnlsl have been fully paid, discharged
and released of record.
33. That no execution shall issue for monetary sums owed Condemnees because such
amounts have been paid.
This is a pinal Judgment intended to dispose of the entire case and all parties. All costs in
this matter attributable to the condemnation case are taxed against City of Denton, Texas,
Condemnor. All costs in regard to private disputes among qte Defendants and Condemnees arc
taxed to each of them as they have been incurred.
SIGNCD this day of~ , 2007.
DoTV YL WINDLE, Judse Presiding
AND
FORM
~0'~
Richard N. JCelsey, `
Attorney for City of Denton, Texas
Tom Jesies•,
Attomey for Howard Smith
James Templer,
Pro Se
Stephen S. Recce,
Attomey for "1'imotlty Ffunt
Douglas Neeb,
Att t'tby f - F3attk Midwest, N.A.
/ _ ~ i
ont Diricksan, ^ ~~~~
Attorney for Dana ,1. Smith alkla
Dana J. Beavers
t'aac5af 5- F'~~+ai, JVOC+~r_itr ~i'
tCiSy ut l)enlan7neaverttFinel. )udgment)[ss;tW2TOG1
' From: 01/30/Z007 11:49 8539 P. 006/010
32. That the underlying liens, mortgages and deeds of trust have been fully paid, discharged
and released of record.
33. That no execution shall issue for monetary sums owed Condemnees because such
amounts have been paid.
This is a Final Judgment intended to dispose of the entire case and all parties. All costs in
this matter attributable to the condemnation case are taxed against City of Dentoq Texas,
Condem~wr. All costs in regard to private disputes among the Defendants and Condemnees are
taxed to each of them as they have been incurred.
SIGNED this day of , 2007.
DoN R Wu`mt.e, Judge Presiding
'0~
James Templer,
Pro Se
Stephen E. Reese,
Attomcy for Timothy Hunt
Douglas Neeb,
Attorney for Bank Midwest, N.A.
Tom Diricksoq
Attorney for Dana J. Smith a/k/a
Dana J. Beavers
~`-
Pagc 5 of 5- FINAI. JuocmeN[ _,
(City of Denwn/Beavut/Final Jud®nent)[sr,092706] ` ,
32. That the underlying liens, mortgages and deeds of tout have been fully paid, discharged
and released of record.
33. That no execution shall issue for monetary sums owed Condemnees because such
amounts have been paid.
This is a Final Judgment intended to dispose of the entire case and all parties. All costs in
this matter attributable to the condemnation case are taxed against City of Denton, Texas,
Condemnor. All costs in regard to private disputes among the Defendants and Condemnees are
taxed to each of them as they have been incurred.
SIGNED this day of , 2007.
DON R. WtxnLE, Judge Presiding
AND
FORM
'0~
Richard H. Kelsey,
Attorney for City of Denton, Texas
Tom Jester,
Attorney for Howazd Smith
~ames Templer,
Pro Se
r'"-'--
tephen E. Reese,
Attorney for Timothy Hunt
Douglas Neeb,
Attorney for Bank Midwest, N.A.
Tom Dirickson,
Attorney for Dana J. Smith a/k/a
Dana J. Beavers
Pege 5 of 5- FINAL Juocmerrr
(City of Denton/Beavers/Final ]udgment)[ss;092706]
EXHIBIT "A"
20' EASEMENT
M.E.P. AND P.R.R. COMPANY SURVEY, ABST. NO 927
CITY OF DENTON
DENTON COUNTY, TEXAS
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 pazcel of land out of the Parent Tract containing approximately 0.592 acre as more
particulazly described as follows:
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 pact 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 particulazly described as follows:
BEGINNING at the most northerly northwesterly comer of said Beavers tract, at the most
westerly southwest corner 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 the in east line of State
Highway Loop 288, same being South 00 degrees 53 minutes 07 seconds west, a distance of
169.98 feet from 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 Irvin 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 anon-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 Ol 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 sou@i~line of
said Beavers tract and the north line of said Lot 2, a distance of 5.18 feet to a point in the
east line of said State Highway Loop 288;
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.
(Hereinafter called either the "Easement" or "Easement Propert}~'.)
Plaintiff shall have the right, as the dominant easement owner, to prohibit any use of the Easement
which would unreasonably 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 Easement boundaries. Defendants will have the right of access
across the Easement Property, which includes ingress and egress to and from the adjacent streets.
Page 2 of 2
EXHIBIT "B"
30' TEMPORARY CONSTRUCTION EASEMENT
M.E.P. AND P.R.R. COMPANY SURVEY, ABST. N0.927
CITY OF DENTON
DENTON COUNTY, TEXAS
A temporary construction easement in the name of the City of Denton, Texas, which is out of the
Parent Tract and adjacent to the Public Utility Easement in, on, and across that certain tract or
parcel of land containing approximately 0.869 acre as more particulazly described below to use
for access, staging, and placement of materials, 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"):
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 particulazly 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 corner;
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 anon-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 87 degrees 07 minutes 4.1 seconds
West, a chord length of 30.06, a delta angle of 03 degrees 49 minutes 43 seconds znd an
azc length of 30.07 feet to a point fot a comer;
THENCE North 00 degrees 53 minutes 07 seconds East, over and across said Beavers __
tract, a distance of 1279.19 feet to the POINT OF BEGINNING and containing O.S69 of ; _
an acre of land more or less. =
The Temporary Construction Easement shall expire upon completion of the Construction
Activities or one yeaz from the date Plaintiff takes possession of the Temporary Construction
Easement, which ever occurs first.
CERTIFIED COPY CERTIFICATE
STATE OF TIXAS, COUNTY OF DENTON
I, CYNTHIA MITCHELL,:County Clerk of l~afrion Cotmty,
Texas do hereby certify-that this 1s~a true & correct
copy as same appears, of record in my ohice.
Witness my hand and seal of 'office on
"'°~ Cynft is Mitchell
Page 2 of 2 ~- ,'
'°~`'~~ Denton County Clerk
By Deputy S ~~