ST8804-ES 860711 CAUSE NUMBER CC-85-13477-B
CITY OF COPPELL, TEX~S § IN THE COUNTY COURT
vs. §
ELIZ~BWrlt &. ROVILLO, §
Defendant, § AT LAW NUMBER TWO
AND ~HE UNITED STATES §
OF AMERICA and NORTH §
TF.X~S SAVINGS AND LOAN §
As Parties. § DALI_AS COUI~TY, TEXAS
ORDER AUTHORIT:I~IG POSSESSION
Notice of Deposit and Payment of Cost having been presented to the Court for
approval this date, the same is hereby approved, and Condemnor is hereby authorized
to take immediate possession of the easement sought to be condemned in this proceeding,
more fully described as follows:
BEING a tract of land situated in the EDWARD A. COX SURVEY, ABSTRACT
NO. 301, and being more particularly described as follows:
BEGINNING at the intersection of the existing West R.O.W. line of Heartz Road
(35' R.O.W.) and the existing South-R.O.W. line of-Sandy ]2ake Road (60' R.O.W.),
said point being the POINT OF BEGINNING:
THENCE S 0° 37'00" W along said West R.O.W. line of Heartz Road a distance
of 104.37 feet to a point of corner;
THENCE N 89° 48'00" a distance of 7.5 ft. to a point for corner;
THENCE N 0° 37'00" E a distance of 104.37 ft. to a point for corner;
THENCE S 89° 48'00" E a distance of 7.50 ft. to the POINT OF BEGINNING,
containing 782.78 sq. ft. or 0.018 acres, more or 'less.
SIGI~ED this I ~'~ay of July, 1986.
,JUDGE PRESIDING
¸ir
NO. CC-85--13477-B
CITY OF COPPELI., TEXAS § IN THE COUNTY COURT
~ § AT I_AW NO. 2
ELIZABETH A. ROVILLO, ET. AL § DALLAS COUNTY, TEXAS
NOTICE OF DEPOSIT AND PAYMENT OF COST
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the CITY OF COPPELL, TEX~S, hereinafter called Condemnor,
and would respectfully show the Court as follows:
The written award of the Special Commissioners on Condemnor's Statement in
Condemnattion was filed in this cause on August //~, 1986, and the amount of
damages adjudged against Condemnor by the Special Commissioners was $3,800.00
Condemnor desires to enter upon and take possession of the property sought to
be condemned in this proceeding, pending litigation. Therefore, pursuant to the Texas
Property Code~ Condemnor herewith deposits the amount of the award into the registry
of the Court, by delivering to the Clerk of this Court Condemnor's check in the amount
of $3,800.00 made payable to the Dallas County Clerk. This amount is deposited by'
Condemnor subject to the order of the Concemnee. Condemnor hereby request that
the Court deposit or invest the money in account with or certificate or security issued
by a state or national bank in this state as provided by Section 21.021(d) of the Texas
Property Code, and that upon the final disposition of this matter, the Court pay interest
that has accrued from the deposit or investment to Condemnor.
A Statement of Cost has been filed in this cause. Condemnor has paid these cost
by mailing a check in the appropriate amount to each of the Special Commissioners as
provided in said Statement of Cost filed with and approved by this Court.
NOTICE OF DEPOSIT AND PAYMENT OF COST, PAGE 1
.By reason of these actions, Condemnor is now~ entitled, pursuant to Section
21.021(a) of the Texas Property Code, to take possession of the condemned property
pending the results of further litigation herein.
~I{I~lllgFOll, PRI~I~I~IES COI~ISIDF-IIED, Condemnor pray that this Court issue such
order as may appear necessary and proper for the enforcement of Condemnor's right
to enter upon and take possession of the interest condemned herein.
Respectfully submitted,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
~ ~ree~C:r NW~).J~8~00
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-3333
ATTORNEYS FOR CONDEMNOR
NOTICE OF DEPOSIT AND PAYMENT OF COST, PAGE
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NO. CC.-85-13477-B
CITY OF COPPELL, TE~S § IN Tile COUNTY COURT
VS. § AT '[_AW NO. 2
EI_IZABETH A. ROVILLO, ET. AL. § DALI_AS COUNTY, TEXAS
ORDER ASSESSING FEES OF SPECIAL COMltO-q-'qlONERS
It having come to the attention of the Court that on July 18, 1986, the Special
Commissioners [viz., Elaine D. Brazzell, Polly Orcutt, and Scott Bush] appointed by the
Court assessed damages to the parties Defendant in the amount of $3,800.00 for the
City of Coppell having undertaken as Plaintiff to acquire by eminent domain an easement
for road right-of-way have not been paid through the registry of the Court for their
services and the Court now finding and adjudging that each of them should be paid
therefor the sum of $ Z~r~ ~(~ as a fair, usual, and ordinary amount for such
services:
NOW, THEREFORE, PREMISES CONSIDERED, IT IS ORDERED, ADJUDGEED, AND
DECREED that the clerk prepare and serve upon the attorney of rec~r/d/~for the Plaintiff
in this case a Bill of Cost which shall include therein a item of $ ~///~for each
of the three Special Commissionsf/~/]~/~
SO ORDERED this the day of August, 1986, with direction to the clerk
to serve with said Bill of Cost a copy of this Order on each attorney of record and in
due time and proper course of proceeding to file an Abstract of Judgment and issue
her writ of execution for costs unless payment thereof shall have been made or lawful
reason not to do so shall have been properly pled in writing and duly urged and presented
at or before this Court.
SIGNED THIS the ~/ day of August, 1986.
JUDGE PRESIDING
ORDER ASSESSING FEES - PAGE SOLo
NO. CC-85-13477-B
CITY OF COPPELL, TEXAS § IN THE COUNTY COURT
VS. § AT LAW NO. 2
ELIZABETH A. ROVILLO, ET. AL. § DALLAS COUNTY, TEXAS
AWARD OF COMMISSIONERS
.,-'
On July 18, 1986, at the Dallas County Courthouse in Dallas, Texas, this proceeding
was heard by the persons whose names and signatures appear below for the purpose of
assessing the damages resulting from this proceeding in eminent domain. Plaintiff, City
of Coppell, Texas, appeared through its duly authorized representatives and attorney,
Lawrence W. Jackson, and Defendant, Elizabeth A. Rovillo, appeared in person and
through her attorney, Mike McKool. Lienors, North Texas Savings And Loan Association
and United States of America, did not appear.
The Special Commissioners, having all necessary parties properly before them,
find that on December 6, 1985, the City of Coppell, Texas, Plaintiff, filed a written
statement with Judge Candace G. Tyson of the County Court at Law No. 2 of Dallas
County, Texas, seeking judgment to acquire a 0.018 acre road easement located along
the east property line of property owned by Defendant, said real property being situated
in Dallas County, Texas, and more particularly described as follows:
BEING a tract of land situated in the EDWARD A. COX SURVEY, ABSTRACT
NO. 301, and being more particularly described as follows:
BEGINNING at the intersection of the existing West R.O.W. line of Heartz Road
(35' R.O.W.) and the existing South R.O.W. line of Sandy Lake Road (60' R.O.W.),
said point being the POINT OF BEGINNING:
THENCE S 0° 37'00" W along said West R.O.W. line of Heartz Road a distance
of 104.37 feet to a point of corner;
THENCE N 89° 48'00" a distance of 7.5 ft. to a point for corner;
THENCE N 0° 37'00" E a distance of 104.37 ft. to a point for corner;
THENCE S 89° 48'00" E a distance of 7.50 ft. to the POINT OF BEGINNING,
containing 782.78 sq. ft. or 0.018 acres, more or less and also being shown on
the plat attached hereto as Exhibit "A".
AWARD OF COMMISSIONERS - Page 1
II.
On December 10, 1985, Judge Candace G. Tyson appointed Elaine Brazzell, Steven
Matlock, and Polly Orcutt, three disinterested freeholders of Dallas County, Texas, as
Special Commissioners to assess the damages resulting from this proceeding in eminent
domain. The Court, thereafter, having been advised by the said Steven Matlock that
he could not serve, appointed Scott Bush as Special Commissioner to serve in said cause
in place of the said Steven M atlock.
III.
The Special Commissioners were duly qualified, and each took the Oath prescribed
by law in which he or she swore to assess the damages fairly and impartially and in
accordance with the law. Copies of these Oaths are on file wi~h tl~e papers in this
proceeding.
IV.
Having been sworn, the Special Commissioners, on June 3, 1986, originally set
June 20, 1986, at 2:00 o'clock P.M. and then subesquently reset July 18, 1986, at 2:00
o'clock P.M. at the Dallas County Courthouse, Dallas, Texas, as the time and place for
hearing the parties. The day appointed was the earliest practicable day, and the place
selected was the county seat of the county in which the property was situated.
Defendant, together with lienors, North Texas Savings and Loan Association and United
States of America, were served with written ten (10) day notice of the hearing of the
Special Commissioners.
V.
On the day and at the place so appointed for such hearing, the Special
Commissioners proceeded to hear the parties, each of which was present in person
through their duly authorized representatives and by their attorneys. Evidence and
argument was presented on behalf of each of the parties and received by the Special
Commissioners.
AWARD OF COMMISSIONERS - Page 2
VI.
After hearing the evidence and arguments as to the value of the road easement
across Condemnee's property sought to be condemned herein, we the undersigned Special
Commissioners hereby assess the damages as follows: $3,800.00.
VII.
The City of Coppell, Texas, shall pay all costs of this proceeding.
SIGNED this ~:~ day of August, 1986.
SPECIAL COMMISSIONERS
ELAINE D. BRAZZELL~
FILED with me this l[ day of August, 1986.
JUDGE
AWARD OF COMMISSIONERS - Page 3
SANDY lAt¢£ ROAD (60' R. 0. W.)
s89°~e'oo'1~ 7.
,,,~'--" P.. O, B. ~
I
I
7.5' 35"Exist JR. O.W.
50' Pr~ O. O. W.
CITY OF COPPELL
DALLAS COUNTY, TEXAS
RIGHT-OF-WAY DEDICATION
ELIZABETH ROVi LLO
E=hibit - A
Sco~,: i"= 20' GINN, INC., Consulting Engineers, [:)alla~, Te~43~ Dot.: 5/16/84