2001-209 NO
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 STATE OF TEXAS AND CITY OF DENTON,
TEXAS V RD MARTIN, CAUSE NO ED-2000-01212 IN AN AMOUNT NOT TO EXCEED
$24,535, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SI~CTION 1 That the Award of Specml Commissioners m condenmat~on proceeding styled
The State of Texas and the Ctty of Denton, Texas v RD Marttn, Cause No ED-2000-01212
pending m the Probate Court of Denton County, Texas ~n the amount of $24,535 ~s hereby
authorized to be prod into the Regmtry of the Probate Court
SECTION 2 That tins orchnance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED th~s the ~,A-T-~t day of (~ ,2001
' EULINE BRo~I~;MA~}R ''
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
HERB~Y ATTORNEY
BY
LE~O^L ~DEEI~T .',~ , ,,%4/~.,~
CAUSENO ED-2000-01212 r... ,-~ ~ ~ ~, .,//~
THE STATE OF TEXAS and § CONDEMNATION PROCEEDINGS
CITY OF DENTON, TEXAS § FILED m r~ m ,-
Plmnt~ffs § 0, .;, .~
§ IN THE PROBATE COURT
v §
R D MARTIN, §
Defendant § OF DENTON COUNTY, TEXAS
~IIJDGI~ENT OF CCI JRT IN ABSENCE OF OB.I]gCTIONS
That on th~s date there came on to be heard and considered the Award of the Special
Commissioners filed on the 14:h day of May, 2001 with the Judge of smd Court under the above
styled and numbered proceedings in eminent domain, m which the State of Texas and the C:~y of
Denton, Texas, a mumclpal corporahon, are Plaintiffs and R D Martin ~s Defendant
It appears to the CouP, and :t is so found, tha~ Defendant was served with notice of the
time and ~plaee of the Special Comrmssloners Heanng in *he time and manner required by law,
was g~ven notice of the deels,on and Award of the Spec:al Commissioners by the Court Clerk m
the t,me and manner reqmred by law, that smd Award was filed with the Court as required by
law, and that no ob]ecUons to smd Award were flied with the Court within the time required by
]aw
I~ :s, therefore, ORDERED, ADJUDGED and DECREED by the Court as follows
1 That smd Award of Special Commissioners be, and the same is hereby, made the
3udgraent of this Court
2 Tha~ the Clerk of this Court record smd Award in the mmu~es of flus Court
3 That by vl~ue of smd Award of Spec:a! Commiss~onem, the State of Texas and
the City of Denton, Texas, are entitled to condemn, and do hereby have judgment against the
03689
satd Defendant for the hereinafter described property, for public street right-of-way, visibility,
access, utflttms and maintenance purposes, with fee simple t~tle thereto vesting in the State of
Texas, wtuch property is situated m the City of Denton, Denton County, Texas ~nd described as
follows
BEING A 0 272 ACR~ PARCEL OF LAND SITUATED IN THE B B B & C R R S~Y,
~S L~ CO. EYED TO RD ~"
C~LED 1 559 AC~ T~_~ .~ ~,~o P~GE 886 OF T~ DEED ~CO~S OF
~STR~E~ OF ~CO~ ~ VU~u~ ~o, -~ ,
DENTON CO~Y, ~XAS ("D~CT") SAID 0 272 AC~ T~CT BErG MO~
p~TIC~Y DESC~ED BY ~TES ~ BO~S AS FOLLOWS
COM~NC~G for referee at a ~-~nch ~ron rod found at ~e southeast comer of satd R D
M~n ~t, s~e being the sou~west comer of a c~led 1 559 acre tract conveyed to J~ Ray
M~m ~d Qu~va E M~m ("Queva M~ tract") by tns~ment of re.rd m Vol~e 3178,
page 918 D~CT,
THENCE N 01° 34' 17" E, along ~e co--on line beaten smd R D M~m ~act ~d satd
Queva M~tn W~t, a dist~ce of 254 21 feet to a set 5/8-tach tron rod with ~ al~m~ &sk
m~ked Tex~ D~ment of Tr~s~atlon ('~OT") for the PO~ OF BEG~G, satd
point bcmg on the new southwest~ly n~t-of-way hne ofU S Highway 77,
(1) T~NCE N 580 11' 37" W, along ~c new southwesterly n~t-of-way hne ofU S
Hi.way 77, a d~st~ce of 216 35 feet to a set 5/8-tach iron md w~ ~ al~m~ disk m~ked
T~OT m ~e co--on line bc~een said R D M~m ~t ~d a called 1 559 acre ffact
conveyed to J~ Ray M~m by ms~ent of record m F~le Numb~ 95-R0052281 D~CT,
(2) THENCE N 01° 34' 17" E, along said co~on hne, ~ dis~ce of 63 16 f~t to a V~-
~nch ~mn rod fo~d for ~e no~hwest comer of said R D M~m ~act, ~e s~e being m thc
existing southwesterly right-of-way hne ofU S H~way 77,
(3) TH~CE S 58° 15' 32" E, along the no~erly hne of smd R D M~m ~t ~d the
exmsUng sou~westerly n~t-of-way hne of said U S Hi.way 77, a dtst~ce of 216 21 feet to a
Vz-mch iron rod fo~d at the no~t comer of said R D M~m ff~ s~e being the no.west
com~ of smd Queva M~n tract,
(4) THENCE S 01° 34' 17" W, along said co--on line, a dts~ce of 63 44 feet to ~e
PO~T OF BEG~G, ~d con~ng 0 272 acre, 11,832 squ~c f~t, more or l~s of l~d
~ea wl~n ~ese metes and bo~ds (~e ,,~t-of-Way Prop~")
A~ jud~ent for th~ h~emafier d~cnbcd prope~ for ~ ~sement into ~ Ct~ of Denton,
Tex~ for u~hW p~oses
JUDGMENT - Page 2
03690
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO R D
MARTIN RECORDED IN VOLUME 3178, PAGE 886, REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS ("Ri>RI)CT"), AND BEING SITUATED IN THE THOMAS
TOBY SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY, ABSTRACT
NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE
pARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING at a point tn the new south right-of-way hne of U S 77 and the hne common to
satd R.D Martin tract (west hne) and a tract conveyed to Jerry Ray Martin, recorded m Volume
3178, Page 918 of the RPRDCT,
THENCE S 58° 11' 37' E, along the new south right-of-way hne of U S 77, a drstance of
265 35 feet to a point for a comer tn the hno common to satd R D Mamn tract (east hne) and the
tract convoyed to ~lerry Ray Martin (west line), by instrument of record m File Number
R0052281, RPRDCT,
THENCE S 01° 34' 17" W, along a hno common to smd RD Marttn tract and smd Jerry Ray
Martm tract, a distance of 23 15 feet to a point for a comer,
THENCE N 58° 11' 37" W, 20 feet south of and perpendtcular to the new south right-of-way
line ofU S 77, a distance of 216 35 feet to a point on the hne common to sa~d R D Ma~tm tract
(west hne) and the smd Je~ry Ray Mamn tract (east line),
THENCE N 01° 03' 34" E, along the line common to satd P~D Martin tract and smd Jerry Ray
Martin tract, a distance of 23 15 feet to the POINT OF BEGINNING, and contatmng 0 0993
acres of land, more or less (the "Utility Easement")
(The Pdght-of-Way Property and Utility Easement are hereinafter collecttvely called the
"Property" )
4 That all hens and encumbrances held by or munng to the benefit of Defendant are
hereby released and extinguished from the Property
5 That the City of Denton, Texas has depomted into the Registry of the Court tho
full amount of the smd Award of Special Comm~sstoners in the sum of twenty four thousand five
hundred tlurty five dollars ($24,535 00), payable to Defendant as reqmred by satd Award and
therefore the State of Texas and the C~ty of Denton, Texas are entitled to lnUnedtate possesston
and tt ~s therefore ordered that all appropriate processes, mcludmg a writ ofpossesston be tssued
on behalf of the State of Texas and the Ctty of Denton, Texas
JUDGMENT - Page 3
~89~ 03691
6 The Court hereby orders the clerk of the court to dlsmbute smd $24,535 00 sum to
Defendant, R.D, Martin
7 That the costs of s~ud eminent domain proceedings are adjudged agmnst the City
of Denton, Texas as provided by sa~d Award, wtuch costs have been fully paid and the
Petitioners have fully performed under flus judgment Therefore, no execution shall issue SIO~fED fins o~ .~day of_~&~, 2001
,~- &- ~!
RYDGMENT - Page 4
4894 03692