2001-242 ORDINANCE 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 KOSHROW SADEGHIAN, CAUSE NO ED-2001-00356, 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 State of Texas and the Ctty of Denton, Texas v Koshrow
Sadeghtan,~ Cause No ED-2001-00356 penthng in the Probate Court of Denton County, Texas in
the amount of Award is hereby authorized to be prod into the Registry of the Probate Court
SECTION 2 That this ordinance shall become effective immediately upon its passage and
approval
PASSED ' PROVED this the / dayof ,2OOl
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CAUSE NO ED-2001-00356 ~ B~O~:~
T~ ~T~T~ O~ T~ ~ ~ CO~TIO~ ~0~~~
CITY OF DENTON, TEXAS ~ FILED ~~¢¢~~, ~,,' r,
Plmnt~ffs ~ o~0~
v ~ ~ THE PROBATE
KOSHROW S~EGHIAN, ~
Defendant ~ OF DENTON CO~TY, TEXAS
AWA~ OF SPECIAL COMMISSIONERS
On the 28th day of June, 2001, m the C~ty of Denton, Denton County, Texas, the above
styled proceedings ~n eminent dommn came on to be heard before the underst~ed, t~ee (3)
dmmterested ~eeholders of Denton County, Texas, heretofore appointed as Specml
Comm~ssmners, by the Judge of the Probate Cou~ of Denton County, Texas to assess damages
caused by these proceedtngs, ~d cme the Petmoners, the State of Texas ~d the C~ty of
Denton, Texas, a home-role mumc~pal co~oratmn, mtuated m Denton County, Texas Also
cme Defender as hereinafter mentmned, and all pa~tes hawng a~ounced ready, the
Co~smoners proceeded to hear ewdence ~d ~guments of the pames, ~d rome the following
findings
I
That on the 26m day of M~ch, 2001, the C~ty of Denton~ Petitioner, filed ~ts Statement m
Condemnatton (the "Statement") In the Statement, Petitioner, upon the facts and for the
pu¢oses there~n stated, seeks judgment vesting m the State of Texas fee rumple t~tle m certain
real prope~y as described below Smd real prope~y ~s mtuated w~th~n the co.orate hm~ts of the
C~ty of Denton, Denton County, Texas, ~d being more pa~mularly described as follows
BEING 0574 ACRES OF LAND SITUATED 1N A CALLED 1 237 ACRE TRACT,
DESCRIBED IN INSTRUMENT TO KOSHROW SADEGHIAN, AS RECORDED IN
COUNTY CLERK'S NUMBER RO-0057477, DEED RECORDS OF DENTON COUNTY,
TEXAS ("DRDCT"), AND BEING SITUATED IN THE N H MEISENI-IEIMER SURVEY,
ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 5/8qnch iron rod at the northeast comer of a called
0 529-acm tract of land, conveyed to Marie Ehzabeth Sasso, recorded m Volume 2249, Page
600, DRDCT, and at the northwest comer of a tract of land conveyed to Kenneth L Davidson
and wife, Helen L Davldson, recorded in Volume 584, Page 326, DRDCT,
THENCE S 35° 42' 49" W, along the common property line of said Sasso and Davldson tracts, a
distance of 154 48 feet to a set 5/8-tach iron rod with an aluminum cap on the new north right of
way line ofU S 77,
THENCE N 58° I 1' 36" W, along the new north right of way line of U S 77, a distance of 84 48
feet to a set 5/Sqnch iron rod with an aluminum cap,
THENCE N 24° 47' 3I" W, along the new north right of way line ofU S 77, a distance of 21 16
feet to a set 5/8-tach iron rod with an aluminum cap on the line common to said Sasso tract and
smd Sadeghlan tract and the POINT OF BEGINNING,
(1) THENCE S 35° 19' 44" W, along a line common to said Sadeghlan tract and said
Sasso tract, a distance of 36 88 feet to a found ½-inch iron rod, same being a point
on the existing north right of way line of U S 77, and on the south line of said
Sadeghlan tract,
(2) THENCE N 57° 56' 00" W, along the existing north right of way line ofU S 77,
a distance of 427 65 feet to a found ½-inch iron rod for the southwest comer of
said Sadeghlan tract, same being a point on the existing north right of way line of
U S 77, and near the centerlme of Rlney Road,
(3) THENCE S 88° 51' 44" E, along the north line of said Sadeghlan tract, a distance
of 45 53 feet to a set PK nml with shiner said point being in the new north right of
way line ofU S 77,
(4) THENCE S 58° 11' 36" E, with the new north right of way line of U S 77, a
distance of 243 82 feet to a set 5/8qnch iron rod with an aluminum cap,
(5) THENCE N 88° 24' 25" E, with the new north right of way line of U S 77, a
distance of 50 83 feet to a set 5/8qnch iron rod with an aluminum cap at the
beginning of a circular curve to the left having a radius of 340 00 feet,
(6) THENCE along said curve to the left with the new north right of way line ofU S
77, through a central angle of 21° I4' 20", an arc distance of I26 03 feet, and
hawng a chord which bears N 14° 27' 20" E, a distance of 125 31 feet to a PK
Award of Special Commissioners - Page 2
nad set on the north hne of said Sadeghlan tract, and near the center line of said
road,
(7) THENCE S 88° 51' 44" E, along the north hne of said Sadegh~an tract and the
new north right of way hne of U S 77, a d~stance of 80 07 feet to a set PK nml
and being in a non-tangent c~rcular curve to the right hawng a radms of 420 00
feet,
(8) THENCE with the new north right of way hne ofU S 77 and along smd curve to
the right, through a central angle of 23° 06' 35", an arc dtstance of 169 40 feet,
and having a chord which bears S 14° 52' 36" W, a distance of 168 26 feet to a
set 5/Sqnch ~ron rod w~th an aluminum cap,
(9) THENCE S 24° 47' 31" E, w~th the new north right of way hne of U S 77, a
d~stance of 28 74 feet to the POiNT OF BEGINNING and contmmng 0 574 acres,
or 25,020 square feet of land, more or less, of which 1,082 square feet reside in
the prescriptive right of way of Rmey Road
Hereinafter the "Property"
II
That upon consideration of the Statement, duly filed w~th the Court, the Judge of smd
Court, d~d appoint Tom Jester, Kirk W~lson, and C R "Rick" Woolfolk, Jr as Specml
Commissioners to assess damages caused by the taking of the Property Thereafter Tom Jester
and C R "Rack" Woolfolk, Jr resigned and W P "Phil" Phlhps and Chris Raesz were appointed
as substitute Special Commissioners (called the "Special Comm~ssmners" )
III
Thereafter, the smd Specml Commissioners, quahfied as such, each took the Oath
prescribed by law, whmh Oaths are on file w~th the papers ~n thru cause
IV
That after having so qualified, said Special Commissioners by written order, designated
and appointed the 28th day of June, 2001, at 9 00 a m m the City Councd Work Session Room ~n
C~ty Hall, 215 East McKmney, in the City of Denton, Denton County, Texas, as the date, t~me,
Award of Specml Commissioners - Page 3
and place for heanng smd Statement and the parties, smd date being the earliest practmal time
and such place being m the County in which the Property ns situated
V
That the Spemal Commiss~oners ~ssued a written notice of such date, time and place of
the hearmg and the Defendant, Koshrow Sadeghlan, was duly served with such notme and
noUfied in the time and manner reqmred by law of such hearing and the t~me and place thereof
VI
That on the 28th day of June, 2001, said Special Commiss~oners d~d convene and the
following named parties appeared ~n person or by their attorneys
Edwin M Snyder, attorney for the C~t¥ of Denton and the State of Texas, Petitioners
and announced ready for such heanng and smd Special Commissioners proceeded to hear
evidence as to the damages to be sustained by the owner or parties hawng an interest in the
Property by reason of the taking of the Property After hearing and cons~denng the evidence,
said Specml Commiss~oners d~d find and determine and accordingly assess damages to be paid
by the City of Denton, Texas, according to the rules of damages set forth m T~tle 4, Chapter 21
of the Texas Property Code as follows
1 Total damages to be prod, ~ncludmg damages to the remainder if any, by C~ty of Denton,
Award of Spemal Commlssmners - Page 4
Pemmner, to Defendant, Koshrow Sadeghmn, ~s ~n the amount of
2 The costs of these proceedmss are adJudged aga, nst
SIGNED THIS THE ~ ~ day of June, 2001
SPECIAL COMMISSIO~RS
WP Phl-I Phd~l~s
Chris Raesz ~
Ktrk Wdson
The foregoing Award of Special Commzssmners w.,as filed w~th. me the Pres~dzng Judge of
the Probate Court of Denton County, Texas, on the c2 ~"'day of (JFm-~0~ ,2001
Aw,ud o['Spec~al Commissioners Page 5