2004-253ORDINANCE NO. C7~{7~')4-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS V. ED WOLSKI,
ET AL., CAUSE NO. ED-2003-01178 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 Correction Award of Special Commissioners, attached hereto as
Exhibit "A", in condemnation proceeding styled The City of Denton, Texas v. Ed Wolski, et al.,
Cause No. ED-2003-01178 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 ~70~/,2~/2J, 2004.
EUL1NEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~kV/ovED'Xs~- ' '-- -~ TO LEGAL FO~:
HE~ERT ~ P~TY, CIT~TO~Y
CAUSE NO. ED-2003 -01178
CITY OF DENTON, TEXAS
Plaintiff
ED WOLSKI, TRUSTEE, VIRGINIA
FRYMAN, MARGARET RUSSELL,
VELMA EDITH CAMPBELL, BETTY
DURItAM, RICHARD CLAYTON
DURHAM, AND DEVON ENERGY
OPERATING COMPANY, L.P.
Defendants
CONDEMNATION PROCEEDINGS
FILED
IN THE PROBATE COURT'
OF DENTON COUNTY, TEXAS
CORRECTION AWARD OF SPECIAL COMMISSIONERS
On August 25, 2004 the special cormnissioners in this condemnation proceeding signed
the Award of Special Commissioners (the "Award") which was duly filed with the Judge of said
court on August 26, 2004. It has come to the commissioners' attention that there was an
inadvertent error in the legal description of the property being condemned in that the two line
call on page 3 of this Correction Award of Special Cormnissioners (the "Correction Award")
Milch is in bold type was not included (the "Omitted Call"). The legal description of the subject
property in the Statement of Condemnation is correct as it contains the Omitted Call. This
Correction Award is being signed by the cmmnissioners for the sole purpose of correcting the
legal description of the subject property to conform to the Statement of Condemnation so as to
include the Omitted Call. h~ all other respects this Correction Award is the same as the Award.
On the 25th day of August, 2004, in the City of Denton, Denton County, Texas, the above
styled proceedings in eminent domain came on to be heard before the undersigned, three
disinterested freeholders of Denton County, Texas, heretofore appointed as Special
Commissioners, by the Judge of the Probate Court of Denton County, Texas to assess damages
caused by these proceedings, and came the Petitioner, the City of Denton, Texas, a home-rule
municipal corporation, sitaated in Denton County, Texas. Also came Defendants as hereinafter
mentioned, and all parties having remounted ready, the Con~issioners proceeded to hear
evidence and arguments of the parties, and made the following findings:
I.
That on the 15th day of September, 2003, the City of Denton, Petitioner, filed its
Statement in Condemnation, which was subsequently amended, with Petitioner's First Amended
Statement in Conderm~ation being filed on or about May 26, 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 fee sfl~ple title in that certain tract or parcel of land conta/ning
11.441 acres, together with improvements thereon and appturtanances thereto (the "Property") as
more particularly described below, save and except oil and gas interests, of the owners of said oil
and gas interest but withont having the right to use the sm'face of the property for the extraction
of such oil and gas interests:
FIELD NOTES to all that certain tract of land situated in the J. Scott Survey, Abstract
Number 1222 in the City and County of Denton, Texas and being a part of the called
125.6898 acre tract described in the deed fi:om G.C. Ledyard, Jr., Trustee to Ed Wolski,
Trustee and Virginia Fryman recorded in Volume 2895 Page 470 of the Real Property
Records of Denton County, Texas; the subject tract being more particularly described as
follows:
BEGINNING for the Northwest comer of the tract being described herein at a P.K. nail set
for the most Northerly Northwest comer of said 125.6898 acre tract in Jim Christal Road in
the apparent Nortl~ line of said Survey at the Northeast comer ora called 5.000 acre tract III
described in the deed to Ed Wolsld, Trustee recorded in Volume 2886 Page 224 said Real
Property records;
THENCE North 89 Degrees 58 Minutes 45 Seconds East with said North line in said Road a
distance of 207.40 feet to a P.K. nail set for the Northeast comer of the herein described
tract;
Award of Special Commissioners -Page 2
THENCE Sontb 08 Degrees 37 Minutes 50 Seconds West a distance of 1089.00 feet to a
capped iron rod set for the Southeast comer of the herein described tract, in the North line
of a called 16.174 acre City of Denton tract described in the instrument filed under Clerk's
File Nrunber 94-R0071011 Real PropelXy Records;
THENCE North 89 Degrees 52 Minutes 36 Seconds West witb the North line of said 16.174
acres a distance of 578.22 feet to a capped h'on rod set on the East line of Masch Branch
Road;
THENCE North 00 Degr'ees 02 Minutes 12 Seconds East along the East line of said Road a
distance of 679.15 feet to a capped iron rod set for the Northwest comer of the herein
described tract and h~ the South line of said 5.00 acre tract;
THENCE North 89 Degrees 58 Minutes 52 Seconds East with the South line thereof a
distance of 533.80 feet to a found ~/2" iron rod for the Southeast corner of said 5.000
acres;
THENCE North with the East line thereof a distance of 396.02 feet to the PLACE OF
BEGINNING and enclosing 11.441 acres of land.
The Prope~y is being acqnired for Denton Municipal Airport expansion purposes.
II.
That upon consideration of the Statement, duly filed with the Court, the Judge of said
Court, did appoint Greg Bolh~g, Larry Collister, and Miller Davidge as Special Commissioners
to assess damages caused by the talcing of the Property (called the "Special Coiranissioners" ).
Ill.
Thereafter, the said Special Commissioners, qualified as such, each took the Oath
prescribed by law, wliicli Oatbs 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 25th day of Angust, 2004, ~t 9:00 a.m. in the City Hall Work Session Room at
City Hall, 215 East McKi~mey, Denton, Denton County Texas, as the date, time, and place for
heating said Statement and the parties, said date being the earliest practical time and such place
being in the County in which the Property is situated.
Award of Special Commissioners - Page 3
That a written notice of such date, time m~d place of the hearing was issued by the Special
Conmaissioners and the Defendants, Ed Wolsld, Trustee, Virginia Fryman, Margaret Russell,
Vehna Edith Cmnpbell, Betty Dm'hmn, Richard Clayton Durham, and Devon Energy Operating
Company, L.P., were duly served with notice mhd notified in the time and manner required by
law of such hemng and the tinae and place thereof.
VI.
That on the 25th day of August, 2004, said Special Connnissioners did convene and the
following nmned parties appeared in person or by their attorneys:
Edwin M. Snyder, attorney for the City of Denton, Petitioner
Ken Wright, Attorney for Virginia Fryanan
Tom Dirickson, Attorney for Ed Wolski, Trustee
and announced ready for such hearing and said Special Commissioners proceeded to hear
evidence as to the damages to be sustained by the owners or parties having an interest in the
Property by reason of the talcing of the Property. After hearing and considering the evidence,
said Special Conm~issioners did find and determine and accordingly assess damages to be paid
by the City of Denton, Texas, according to the roles of damages set forth in Title 4, Chapter 21
of the Texas Property Code as follows:
1. Total dmnages to be paid, including damages to the remainder if any, by City of Denton,
Petitioner, jointly to Defendants Ed Wolsld, Trustee, Virgirda Fryman, Margaret Russell, Velma
Edith Campbell, Betty Dm-haan, Richard Clayton Durham, mad Devon Energy Operating
Company, L.P.,' is in the mnount of Two Hundred Ten Thousand Dollars and 00 cents
($210,000.00).
The above award is apportioned as follows:
Award of Special Commissioners - Page 4
Ed Wolsld, Trustee: $105,000.00
Virginia Frymm~: $105,000.00
Margaret Russell, Velma Edith Campbell, Betty Dm'ham, Richard Clayton Durham: $0
Devon Energy Operating Company, L.P.: $0
2. The costs of these proceedings are adjudged against the City of Denton.
SIGNED T!4IS THE 30th day of August, 2004.
SPECIAL COMMISSIONERS
The foregoing Correction Award of Special Commissioners was filed with me the
Presiding Judge of the Probate Court of Denton County, Texas, on the __ day of
2004.
JUDGE PRESIDING
Awm'd of Special Cmmnissioners - Page 5