2001-320 ORDINANCE NO d ~ ~/' ~ ~
AN ORDINANCE AUTHORIZINO SETTLEMENT OF LITIOATION STYLED T~E STATE OF
TEXAS AND THE CITY OF DENTON V KOSHROW SADEGHIAN, CAUSE NO ED-2001-00356
CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS,
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE
CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT
SUCH SETTLEMENT UNDER THE TERMS SET FORTH IN THE ATTACHED AGREED
JUDGMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO
FINALIZE THE SETTLEMENT, AUTHORIZING THE EXPENDITURE OF FUNDS
NECESSARY TO EFFECT THE SETTLEMENT IN AN AMOUNT NOT TO EXCEED THE
$79,000 00 PREVIOUSLY DEPOSITED INTO THE REGISTRY OF THE PROBATE COURT,
AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the settlement of hngauon styled The State of Texas and the Ctty of
Denton v Koshrow Sadeghmn, Cause No ED-2001-00356 pending m the Probate Court of Denton
County, m hereby approved, and the C~ty Manager ~s hereby authorized to execute an Agreed
Judgment and other related documents deemed by the C~ty Manager and the C~ty Attomey to be
necessary to the settlement of smd ht~gat~on as set forth generally ~n the attached Agreed Judgment
SECTION 2 That the C~ty Manager or hm demgnate ~s hereby authorized to expend an
amount not to exceed the $79,000 00 prewously depomted mto the registry of the Probate Court
~n settlement of the above ht~gat~on
SECTION 3 That thts orthnance shall become effecttve ~mmedtately upon ~ts passage and
approval
PASSED AND APPROVED thls the ~¢ dayof ~Zg~-/~J ,2001
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORlqEY
Page 2
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FII,E FOR RECORD
~m'ON OOUNTY OLERK
CAUSENO ED-2001-00356 0OT 0 4
THE STATE OF TEXAS and § CONDEMNATION PROCE~,d~ DB~JI~' -~'
CITY OF DENTON, TEXAS § FILED
Plaintiffs
v § 1N THE PROBATE COURT
KOSHROW SADEGHIAN, §
Defendant § OF DENTON COUNTY, TEXAS
AGREED FINAL JUDGMENT IN CONDEMNATION
On tNs day, ~n the above entitled and numbered cause, came the Plmntiffs, the State of
Texas and the C~ty of Denton, Texas, by and through their attorney of record, and came
Defendant, Koshrow Sadeghmn, by and through h~s attorney of record, and presented an
agreement for compromise and settlement to the Court, and the Court hawng considered the
same, together w~th pleadings on file ~n th~s cause, made the following determ~natmns and
findings as hermnafter set forth
Plmntlffs, the State of Texas and the City of Denton, Texas, filed w~th the Denton County
Probate Court their Original Statement wherein they pray for acqmslbon, through these
condemnation proceedings, to acqmm fee simple title to certain real property for street purposes
Smd real property ~s s~tuated within the corporate hm~ts of the Ctty of Denton, Denton County,
Texas, and being more particularly described as follows
BFING 0'~74 ACRFS OF I AND qlTIIATFD IN A CAI IFD 1227 ACRF 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 MEISENHEIMER SURVEY,
ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 5/8-tach ~ron rod at the northeast comer of a called
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0 529-acre tract of land, conveyed to Marie Elizabeth Sasso, recorded in Volume 2249, Page
600, DRDCT, and at the northwest comer of a tract of land conveyed to Kenneth L
Davidson and wife, Helen L Damdson, recorded in Volume 584, Page 326, DRDCT,
THENCE S 35° 42' 49" W, along the common property hne of said Sasso and Davtdson
tracts, a distance of 154 48 feet to a set 5/8-inch tron rod with an aluminum cap on the new
north right of way line ofU S 77,
THENCE N 58° 11' 36" W, along the new north right of way line ofU S 77, a distance of
84 48 feet to a set 5/8-~nch iron rod with an aluminum cap,
THENCE N 24° 47' 31" W, along the new north right of way line of U 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 smd Sasso
tract and said Sadegh~an tract and the PO1NT OF BEGINNING,
(1) THENCE S 35° 19' 44" W, along a line common to said Sadeghian tract and
said Sasso tract, a dtstance of 36 88 feet to a found ½-inch iron rod, same
being a point on the existing north right of way line ofU S 77, and on the
south line of smd Sadeghmn 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 tron rod for the southwest
corner of said Sadeghian tract, same being a point on the existing north right
of way line ofU S 77, and near the centerhne of Rmey 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 nail with shiner said potnt being ~n the new
north right of way line ofU S 77,
(4) THENCE S 58° 11' 36" E, with the new north right of way hne of U S 77,
a distance of 243 82 feet to a set 5/Sqnch ~ron rod with an aluminum cap,
(5) THENCE N 88° 24' 25" E, w~th the new north right of way line of U S 77,
a distance of 50 83 feet to a set 5/Sqnch ~ron rod w~th 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 wtth the new north right of way hne of
U S 77, through a central angle of 21° 14' 20", an arc d~stance of 126 03
feet, and having a chord wluch bears N 14° 27 20 ' E, a d~tancc ol 125 ~ 1
feet to a PK nail set on the north hne of smd Sadegtuan tract and near the
center line of said road,
(7) THENCE S 88° 51' 44" E, along the north line of said Sadeghlan tract and
the new north right of way line ofU S 77, a distance of 80 07 feet to a set PK
nail and being in a non-tangent circular curve to the right hawng a radius of
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420 O0 feet,
(8) THENCE with the new north right of way line of U S 77 and along said
curve to the right, through a central angle of 23 o 06' 35", an arc distance 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/gqnch iron rod with an aluminum cap,
(9) THENCE S 24o 47, 31,, E, with the new north right of way hne of U S 77,
a distance of 28 74 feet to the POINT OF BEGINNING and containing 0 574
acres, or 25,020 square feet of land, more or less, ofwhmh 1,698 square feet
reside in the prescriptive right of way of Rlney Road
Hereinafter the "Property"
Denton County Probate Court appointed three disinterested freeholders of Denton
County, Texas as Special Commissioners, who subsequently met, took their oaths of office,
set a date for hearing before the Commissioners and caused notice thereof to be duty served
as prescribed by law, and after said hearing the Commissioners rendered their decision in
writing dated June 28, 2001, awarding the total compensation as
Total damages to be paid, including damages to the remainder if any by City of
Denton, Petitioner to Defendant, Khosrow Sadeghlan, is in the amount of seventy
nine thousand dollars ($79,000 00)
The said Special Commissioners' Award was duly filed with the Court in
accordance with the law, that Notices of Demslons were duly mailed by the clerk of the court
to all parties of record in the manner required by law, that Defendant, Khosrow Sadeghlan
filed objections to the Award in the time and manner required by law, and all prerequisites
have been completed and all preliminary steps have been taken to conf~ jUll%d~ctton on tin,
Court, whether or not listed specifically herein, and this cause is regularly in this Court for
trial and final disposition
953 OISkO
The parttes have agreed and the Court so finds, that th~s Cause should be
compromtsed and settled for the total sum of seventy rune thousand dollars ($79,000 00), satd
sum being the full compensation for the Property taken tn these condemnation proceedtngs,
mcludtng damages to the rematnder Smd sum ts to be prod to Defendant Khosrow
Sadeghtan
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Property
heremabove described, ~s hereby d~vested ~n fee s~mple out of Defendant Khosrow Sadeghmn
and ~s hereby vested ~n fee s~mple tnto the State of Texas
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant
Khosrow Sadeghmn ~s entitled to and ts hereby awarded Judgment agmnst the State of Texas
and the C~ty of Denton, Texas tn the sum of seventy rune thousand dollars ($79,000 00),
which sum has been fully pard and satisfied ~n that Platntiffs have deposited the full amount
~nto the Registry of the Probate Court on July 30, 2001 The Clerk ~s hereby d~rected and
ordered to dtstnbute satd $79,000 00 plus ~nterest to Defendant, Khosrow Sadegh~an
The Court further finds and decrees that the Plmnttffs, the State of Texas and the Ctty of
Denton, have fully performed under thts Judgment, whtch shall bear no interest, and that the
same has been fully sattsfied, therefore, execution shall never ~ssue
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the State of Texas
~s entitled to possesston of the Property for which a writ or wins ofpossessmn are ordered
issued
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all court costs are
taxed agmnst the City of Denton, whtch have been fully sattsfied
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day of
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APPROVED
Mmhael A Conduf'f, eft~ger
State BarNo 18814850
215 E McKmney
Denton, Texas 76201
(940) 349-8333
(940) 382-7923 Facsimile
ATTORNEY FOR THE STATE OF TEXAS
AND THE CITY OF DENTON, TEXAS
:tt~tPeh:~t;P9hle6nls0~// ~ te205
250 S~emmons Freeway, Sm
Lew~swlle, Texas 75057
(972) 221-4621
(972) 221-6318 ,Facstmfle
ATTORNEY FOR KHOSROW SADEGHIAN
q953 0181,3
OCT 2 9 ~001
CYNTHIA MITCHELL, COUNTY CLERK
On Oct 29
Recezpt #: 5¢9e9
Reco~dtno; t5.00
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Deputy -Jane MDG