2004-328O O=ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING PAYMENT OF THE
AWARD OF SPECIAL COMMISSIO~RS INTO THE REGISTRY OF THE COURT IN
CONDEMNATION PROCEEDING STYLED THE CITY OF DENTON, TEXAS K ED WOLSKZ,
ET AL., CAUSE NO. ED-2003-01177 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. Ed Wolski, et al., Cause No. ED-
2003-01177 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 /6~/~day of ~9~/(./ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
APPRt~e'ED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~,.-~
cOPY
CAUSE NO.
CITY OF DENTON, TEXAS
Plaintiff
ED WOLSKI, TRUSTEE, MARGARET
RUSSELL, VELMA EDITH CAMPBELL,
BETTY DURHAM, AND RICHARD
CLAYTON DURHAM, RANDALL D.
SMITH, TRUST #1222 DATED
OCTOBER 15, 2001, DEVON ENERGY
OPERATING COMPANY, L.P., and
DENTON COUNTY, CITY OF DENTON,
and DENTON INDEPENDENT SCHOOL
DISTRICT, AS TAXING UN~TS
Defendants
FILE FOR RECORD
DENTON COUNTY CLERK
SEP 9 ZOO4
ED-2003-01177 CYNTHIA MITCHELL
CONDEIviNATION PROCEEDINGS
FILED
IN THE PROBATE COURT
OF DENTON COUNTY, TEXAS
AWARD OF SPECIAL COMMISSIONERS
On the 29th day of September, 2004, in the City of Denton, Denton County, Texas, the
above styled proceecYmgs in eminent doma'm 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, situated in Denton County, Texas. Also came Defendants as hereinafter
mentioned, and all parties having armounced ready, the Commissioners 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 Seventh
Amended Statement in Condemnation being filed on or about August 12, 2004 (the
"Statement"). h~ the Statement, Petitioner, upon the facts and for the purposes therein stated,
seeks judgment vesting in the City of Denton, Texas fee simple title in that certain tract or parcel
of land containing 4.73 acres, together with improvements thereon and appurtenances 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 without having the right to use the surface of the
property for the extraction of such oil and gas interests:
FIELD NOTES to all that certain tract of land situated in the John Scott Survey, Abstract
Number 1222 in the City and County of Denton, Denton County, Texas and being part of
the called 5.000 acre tract described in the deed from Larry Frank, Trustee to Ed Wolski,
Trustee recorded in Volume 2886, Page 224 of the Real Property Records of Denton
County, Texas, and also said 5.000 acre tract recorded in a deed from Ed Wolski and
Larry Frank, Trustees to J.G. Owen as recorded in Volume 1967, Page 778, Real
Property Records of Denton County, Texas, as recognized and occupied on the ground;
the subject tract being more particularly described as follows:
BEGINNING for the northwest comer of the tract being described herein at a capped iron
rod set for the north line of said 5.000 acre tract and at the northeast comer of a called
0.27 acre tract of land described in a deed to the City of Denton as recorded in Volume
2519, Page 388, Real Property Records of Denton County, Texas, on the east side of
Masch Branch Road, near its intersection with Jim Christal Road to the north and from
which the northwest corner of said 5.000 acre tract bears North 89 Degrees 58 Minutes
45 Seconds East, a distance of 30.00 feet;
THENCE North 89 Degrees 58 Minutes 45 Seconds East with the said North line of said
tract along said Jim Christal Road, a distance of 520.00 feet to a pk nail set for the Northeast
comer of said 5.000 acres in said Jim Cludstal Road;
THENCE South passing en route at a distance of 22.06 feet a lA inch iron rod for witness on
the south line of said Jim Christal Road and continuing along said course for a total distance
of 396.02 feet to a found 'A" iron rod for the southeast comer of said 5.000 acres;
THENCE South 89 Degrees 58 Minutes 52 Seconds West with the south line of said 5.000
acre tract, a distance of 520.00 feet to a capped iron rod set for the southwest comer of the
herein described tract and at the southeast comer of said 0.27 acre tract on the east side of
said Masch Branch Road;
THENCE North with the east line of said 0.27 acre tract along the east side of said Masch
Branch Road, a distance of 396.00 feet to the PLACE OF BEGINNING and enclosing
4.727 acres of land (the "4.727 Acre Tract").
The Property is being acquired for Denton Municipal Airport expansion purposes.
Award of Special Commissioners - Page 2
That upon consideration of the Statement, duly filed with the Court, the Judge of said
Court, did appoint Greg Boling, Larry Collister, and Miller Davidge as Special Conumissioners
to assess damages caused by the taking of the Property (called the "Special Commissioners" ).
IH.
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 29th day of September, 2004, at 9:00 a.m. in the City Hall Work Session Room
at City Hall, 215 East McKinney, 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, Ed Wolski, Trustee, Margaret Russell, Velma Edith
Campbell, Betty Durham, Richard Clayton Durham, Randall D. Smith, Bruce Park, Trustee
u~-d~-Tm`st-#~22TD~t~d-~t~her-~2~-2~Dev~n-Energy..~perating~.c~mpany~:P:-~Dent~n-
County, City of Denton, and Denton Independent School District were duly served with notice
and notified in the time and manner required by law of such heating and the time and place
thereof.
Award of Special Commissioners -Page 3
VI.
That on the 29tI' day of September, 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
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 taking of the Property. After hearing 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 by City of Denton, Petitioner, jointly to Defendants Ed Wolslci,
Trustee, Margaret Russell, Velma Edith Campbell, Betty Durham, Richard Clayton
Durham, Randall D. Smith, Bruce Park, Trustee under Trust #1222 dated October 12,
2001, Devon Energy Operating Company, L.P., and Denton County, City of Denton, and
l~,aton Alndep~nde~t/'.,S~ch~l District, as ming un, s, is in the amount of
Said Award apportioned as follows:
Jointly to Ed Wolski, Trustee, Randall D. Smith, Trustee under Trust #1222 dated
October 12, 2001: ,.---~.-. C.~
Award of Specia~ Commissioners - Page 4
Denton County, City of Denton, and Denton Independent School District, as taxing un/ts:
Margaret Russell, Velma Edith Campbell, Betty Durham, and Richard Clayton Durham:
Devon Energy Operating Company, L.P,: ' . ~ -- ~
The c°sts °f these pr°ceedings are adjudged against ~.{~/?L[ .~..~.
SIGNED THIS THE 29th day of September, 2004,
SPECIAL COMMISSIONERS
Greg Boling
Miller DavMge ~
The foregoing Award of Special Commissione_rs...w~_ led wit_h me t~e Presiding Judge of
the Probate Court of Denton County, Texas, on the ~ .~7.Z~y of~~i~.~2~04'
JUD GE .p-RES~n~'D,~C
DON R. WINDLE JUDGE
PROBATE COURT
DENTON COUNTY, TEXAS
Award of Special Commissioners -Page 5