HomeMy WebLinkAboutContract 19252 H
CITY -SECRETARy
NO. 141-1226008-90
DEW-NO
rJ -TTY OF FORT WORTH AND § CONDEMNATION PROCEEDINGS
THE STATE OF TEXAS §
vs. IN THE DISTRICT COURT
MARVIN DAILY, JR. , TRUSTEE,
THE COUNTY OF TARRANT, AND § TARRANT COUNTY, TEXAS
THE NORTHWEST INDEPENDENT
SCHOOL DISTRICT § 141ST JUDICIAL DISTRICT
JUDGMENT
On April 13 , 1992 , came on to be heard the above-entitled
and numbered cause, and CITY OF FORT WORTH AND STATE OF TEXAS ,
Plaintiffs herein-, appeared by attorney of record, Theodore P.
Gorski , Jr . , and MARVIN DAILY, JR. , TRUSTEE, Defendant , appeared
in person and by attorney of record, Eddie Vassallo, and all
narties announced ready for trial . The County of Tarrant and the
Northwest Independent School District , having previously filed
Disclaimers. of Interest , did not appear at trial . A jury
consisting of 12 good and lawful jurors was duly impaneled and
the case proceeded to trial .
At the conclusion of the evidence, the Court submitted the
case to the jury on written questions . The jury made the
following answers to the written questions :
1 . What was the fair market value of Daily ' s 1 . 888 acres
of land and improvements taken in fee simple by the City of Fort
Worth and the State of Texas , on March 1 , 1990? Answer in
dollars and cents .
ANSWER: S40 , 120 . 00 .
DEED TRANS'ACTION AUTHORIZLO
DOS
JUDGMENT PAGE 1
2 . What was the fair market value of Daily' s 1 . 586 acres
of land and improvements taken by the City of Fort Worth and the
State of '"exas , for the permanent drainage channel easement on
March 15 , 1994? Answer in dollars and cents .
ANSWER: $33 , 742 . 54
. What is the difference in the fair market value of
Daily' s remaining -6-16 . 5216 acres of land and improvements ,
immediately before and immediately after the taking by the City
of Fort Worth and the State of Texas , on March 15 , 1994? Answer
in dollars and cents .
ANSWER : $87 , 471 . 33
All legal prerequisites for the trial of this cause having
been duly satisfied, and it appearing to the Court that the
verdict of the jury was that Plaintiffs have the right to proceed
with this condemnation and the damages owed Defendant as a result
of this condemnation are $161 , 293 . 88 .
IT IS , THEREFORE, ORDERED, ADJUDGED AND DECREED that Marvin
Daily, Jr . , Trustee, Defendant , recover from City of Fort Worth
and the State of Texas , Plaintiffs , the sum of $57 , 993 . 88 as
damages resulting from this condemnation, which sum is the amount
by which the jury' s verdict exceeds $143 , 3134 . 44 , the amount of
the Special Commissioners ' Award previously paid to Defendant .
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court
that upon Plaintiffs exhausting their right "Co appeal to the
court of last resort and upon payment of said sum to the Defen-
dant Marvin Daily, Jra , Trustee, that the Plaintiffs City of Fort
Worth and the t al e of Texas in _*•inn should have and recover o
JUDGMENT - PAGE 2
e
Marvin Daily , Jr . , Trustee, all rights sought in the fee taking
and the permanent drainage channel easement as described In the
attached Exhibits "A" and "B" , respectively ,
It further appears to the Court that Plaintiffs City of Fart
Worth and the State of Texas did on March 15 , 1990 , deposit into
the Registry of this Court the sum of $103 , 300 . 00 ,' that Plain-
tiffs , having deposited the Award of the Special Commissioners
with the Court , are entitled to possession of the right of way
acquisition and the permanent drainage channel easement pending
the outcome of Plaintiffs ' appeal to the court of last resort ;
that after making application of such amount , there remains an
unpaid balance of $57 , 993 . 88 due and payable by the Plaintiffs
City of Fort Worth and the State of Texas to the Defendant Marvin
Daily , Jr . , Trustee, together with interest on that sum at the
rate of ten percent ( 10%) per annum from March 15 , 1990 , to the
date this Judgment is paid.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court
that Marvin Daily, Jr . , Trustee do and have, recover of and from
the City of Fort Worth and the State of Texas , and at such time
as Plaintiffs have exhausted their right of appeal to the court
of last resort , the said Plaintiffs be, and are hereby directed
to pay into the Registry of the Court to Defendant Marvin Daily ;
jr . , Trustee , the unpaid balance of $57 , 993 . 88 for the heretofore
described land and as full compensation for the condemnation
thereof hereunder , together with interest can the '57 ; 993 . 88 at
the rate of ten percent ( 10%) Per annum from March 15 , 1990 , to
the date this Judgment is paid.
JUDGMENT, - PACE
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at such
time as plaintiffs have exhausted their right of appeal to the
court of last resort and upon payment by City of Fort Werth of
the difference in the amount deposited into the Registry of the
Court , to-wit , 103 , 300 . 00 , and the amount of money found by the
Court to be the total compensation for the right of way
acquisition and permanent drainage channel easement described in
Exhibits "A" and "B" acquired by the plaintiffs and the damages
to the Defendants remaining laud, which sum of money is , to-wit ,
57 , 993 . 38 , plus interest on 857 , 993 . 88 at the rate of ten
,percent ( 10% ) per annum from March 15 , 1990 , to the date this
Judgment is paid, the Plaintiffs City of Fort Worth and the State
of Texas shall stand released and discharged of their constitu-
tional obligation to pay compensation for the taking of the
above-described property interests for public use .
IT IS FURTHER ORDERED that all casts be assessed against
City of Fort Worth and the State of Texas .
IT IS FURTHER ORDERED that such writs and processes as may
be necessary in the enforcement and collection of this Judgment
issue .
T IS FURTHER ORDERED that all relief not expressly granted
in this Judgment be denied .
LA-4
SIGNED this - day of 199/2 .
V
JUDGE PRESIDING
DEED TRANSA&16 AUT40RIZED
U U DGMENT PAGE
r
APPROVED AS TO FORM
THEODORE P. GORSKI , JR.
State Bar No. 08221000
.Assistant City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
(\ 817 )871-7600
Attorney for City of Fort Worth
and the State of Texas
t
EDD�VBa LL0
o-: 2 50 3000 '
3710 Rawlins , Suite 1200
Dallas , `Texas 75219-4276
( 214)559-7200/ {214}559-7209 FAX
Attorney for
Marvin Daily, Jr . , Trustee
JUDGMENT - PACE 5
EXHIBI'" "A"
BEING 1 . 888 acres of land, more or less, situated in the
James A. Ashford. Survey, Abstract 1-776 , Tarrant County,
Texas, and being out of and a part of that 10 . 0 acre tract of
land conveyed to Marvin Daily, Jr. , Trustee, by deed as
recorded in Volume 8305, Page 1086 , Deed Records of said
County, and also being out of and a portion of those two ( 2 \)
10 . 0 acre tracts of land, known as Tract 1 and 2 , conveyed to
Marvin Daily, Jr. , Trustee, by deed as recorded in Volume
8305 , Page 1090 , Deed Records of said County; said 1 . 888
acres of land being more particularly described by metes and
bounds as follows:
COMMENCING at a point being the northwestern property corner
of said Daily 10. 0 acre tract of land as recorded in said
Volume 8305 , rage 1086 being in the common property corner
with that 10 . 0 acre tract of land conveyed to Lawton E.
Williams by deed as recorded in Volume 7833 , Page 133 , Deed
Records of said County;
THENCE North 89 deg. 58 min. 36 sec . East along the common
property line of said Daily and Williams Tracts for a dis-
tance of 1742 . 02 feet to the POINT OF BEGINNING in the new
western right of way line of IH 35W;
( 1) THENCE North 89 deg. 58 min. 36 sec . East continuing
along said common property line for a distance of 69 . 63
feet to a point in the existing western right of way
line of IH 35W;
;2 ; THENCE South 00 deg. 16 min. 36 sec . West alone the
existing western right of way line of IH 35 W for a
distance of 723 . 36 feet to a point in the southern prop-
erty line of said Tract 1;
; 3 ; THENCE South 89 deg. 58 min. 36 sec . West along said
southern property line of Tract 1 for a distance cf
L70 - 08 feet to a point for corner in the new western
right of way .line of IH 35 W;
THENCE along the new western right of way ine of IH5 as
fol,�.ows
, crt. 10 deg i2 min. �3 sec . East for a distance of
_'60 feet-,
.
N t.h 10 d 2 m4 n. sec . c" t, for a distance cf
North 03 deg. m' .. 58 se-- . a t *°-- a disc-an cf
100 - 80
North 06 deg. 40 ri in. 43 sec . Fast for a distance of
242 , 48 feet to t1n.e POIN71' OF BEGINNING, contain-Ma an
area of 1. 888 acres o"f ianc, more or less .
F
Access will be permitted to the west remainder abutting the
highway facility along call #4 of the foregoing property
description.
Access will be denied to the west remainder abutting the high-
way facility along the calls *5 , 6 , and #7 of the foregoing
property description.
m
EXHIL31T ".B"
M
PERANENT DRAINAGE ULA NEL EASEMENT
AN EASEMENT for the purpose of opening, constructing and main-
taining a permanent drainage channel in, along, upon and
across the following described tract of Land, with the right
and privilege at all times of having ingress, egress and
regress in, along, upon and across such tract of land for the
purpose of making additions to, improvements on and repairs
to the said drainage channel or any part thereof, said tract
of land being oit of and part of the aforesaid three ( 3 ) 10 . 0
acre tracts off' Land described in Exhibit "A" and being
described by metes and bounds as follows:
COMMENCING at a point being the southwestern property corner
of said Daily 10 . 0 acre tract of land, known as Tract , in
the common property corner with that 10 . 0 acre tract of land
conveyed to David B. Wilson and wife, Debbie M. Wilson by
deed as recorded in Volume 7776 , Page 1132 , Deed Records of
said County;
THENCE North 89 deg. 58 min. 36 sec . East along the common
property line of said Daily and Wilson Tracts for a distance
of 1528 . 80 feet to the POINT OF BEGINNING;
THENCE across said Daily three ( 3) 10 . 0 acre tracts of land
as follows:
( 1) North 00 deg. 16 min. 29 sec . East for a distance of
89 .05 feet;
(2 ) North 26 deg. 00 min. 52 sec . West for a distance of
566 . 98 feet;
( 3 ) North 63 deg. 59 min. 08 sec . East fcr a distance cf
100 . 00 feet;
( 4 ) South 26 deg. 00 min. 52 sec . East for a distance of
631 . 08 feet to a paint in the new western right of way
line of IH 35 W;
5 ) THENCE South 10 deg. 12 min. 23 sec . West along the new
western right of way line of IH 35 W for a distance of
76 . 4 feet to a point in the southern property line of
said Tract 1 ;
? 6 THENCE South 89 deg . 58 min. 36 sec . West, departing said
new western right of way- line along said southern pros,
erty line of Tract 1 for a distance cf 104 . 86 fee . to
the POINT OF SEGINNIMS, and containing an area of 1 . 5-86
aores of land, more or less .
D193212054
CITY OF FORT WORTH ETAL
1000 THROCKMORTON
LAND DEPT
FT WORTH, TX 76102
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y
F I L E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0: CITY OF FT WORTH
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
194000984 DR93 T004891 10101193 13 : 31
INSTRUMENT FEECD FILED TIME
1 D193212054 WD 931001 13 : 31 CK 237923
T O T A L DOCUMENTS: 01 F E E S: 23 . 00
B Y:
7
ANY PROVISION WINCH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER. FEDERAL LAW.
WORKS-* Cift of Fcaf Wotf k Texas
u, t .4„ : Mayor a twit Cx)mmunication
DATE REFER NUMBER "=n
09/01/92 1 **G-98 G 120AILY I PAGE I of 1
SUMC17 I CITY OF FORT WORTH AND STATE OF TEXAS V. MARVIN DAILY, JR. , TRUSTEE, ET AL
RECOMMENDATION:
It is recommended that the City Council approve payment of $6,248.72 to Carter &
Burgess, Inc. , for expert witness fees incurred in this case, Cause No. 141-126008-90.
DISCUSSION:
The City instituted this condemnation case after being were unable to agree on fair
compensation for the part of Daily's property needed for the construction of State
Highway 170. The special commissioners assessed the damages to Daily's property.
Daily filed objections to the award and appealed the award to district court.
During a lengthy trial , testimony about damages to Daily's property was needed from an
expert on road construction and the effect of road construction on Daily's property.
The City employed A. Henry Pearson of Carter & Burgess, Inc. , to provide that expert
testimony. The Department of Law and Real Property Management recommend payment as a
legitimate and necessary trial expense incurred in this case.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this expenditure are
available in the current capital budget of the Alliance Airport Fund.
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Submitt or City Manager's FUND AC C MT id—u—NT C1 SECRETARY
Office by: to
Mike Groomer 6140 APPROVED
CITY C0"UNC4 I L
Originati—n—g-D—ep—ar—t—me—nt—n—e-a�f-----
Wade Adkins 7623 (f rom SEP 1 1992
For Additional Inforwation GC49 531200 1 060113611700 -6,248,7 d4��d"�
Contact: ciz4o"*U"of%*
Wade Adkins 7623 CUT
rat W*r1k tax"
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