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ST9801-ES 991102THE CITY OF COPPELL, TEXAS, Plaintiff, VS. WILLIAM F. CALLEJO, TRUSTEE, Defendant. NO. 99-7200-e ORDER IN THE COUNTY COURT AT LAW NO. 5 OF DALLAS COUNTY, TEXAS On this date, the Court heard Defendant's Plea to the Jurisdiction. All parties appeared by and through their respective counsel. The Court after examining pleadings and the evidence and hearing the arguments of counsel, finds that the Plea to the Jurisdiction should be denied. WHEREAS, the City has made a deposit in the amount of the Commissioners' Award with the Court, and is therefore entitled to possession pursuant to Section 21.021 of the Texas Property Code; WHEREAS, the administrative and jurisdictional requirements have been met. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that the Defendant's Plea to the Jurisdiction be and the same is hereby denied. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the Plaintiff, City of Coppell, Texas, have possession of the subject property, described in Exhibits "1-A", "1-B", "1- C" and "I-D" which are attached and incorporated herein by reference, pursuant to Section 21.021 of the Texas Property Code. Ali ot:tho rctk-f-aot exprestl'~ s-~ted hor, in it d~nied. ORDER 29338_1 .DOC SIGNED this day of JUDGE PRESIDING ORDER 29338_1 .DOG METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA EXHIBIT "A" RIGHT-OF-WAY PARCEL METES AND BOUNDS DESCRIPTION BEING 0.4936 of an acre tract of land situated in the John E. Holland Survey, Abstract No. 614, the City of Coppell, Dallas County, Texas and being a portion of a called 130.710 acre tract of land described to William F. Callejo, Trustee by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDCT), said 0.4936 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Callejo tract of land; THENCE North 88°51'36" West along the southerly line of said Callejo tract of land, a distance of 22.01 · feet to the POINT OF BEGINNING THENCE North 88~51 '36" West continuing along said southerly line, a distance of 9.72 feet to a Vz inch iron rod set for corner in the proposed westerly right-of-way line of Coppell Road; THENCE North 03°20'34" East, along said proposed westerly right-of-way line, a distance of 2226.93 feet to a ~/2 inch iron rod set for corner in the northerly line of said Ca!lejo tract of !and, same being the southerly line of Phase i, Block 1, One Twenty One Business Park as described by plat recorded in Volume 81094, Page 2568, DRDCT; THENCE South 86°23, 12" East, along the northerly line of said Ca!lejo tract of land and the southerly line of said Phase 1, Block 1, One Twenty One Business Park, at a distance of 4.60 feet passing a ~ inch iron rod found for the southeast corner of said Phase 1, Block I, One Twenty One Business Park, and continuing along said northerly line in all for a total distance of 9.60 feet to to a point for corner; THENCE Sot~th 03°20'24'' West, a distance of 2226.51 feet to the POINT OF BEGINNING; CONTAINING a computed area of 21,505 square feet or 0.4936 acres of land. Evaluation Ass~iates "1 ...... r 'li Page PROPOSED ACQUISITION MAP EXHIBITS & 'B' EXHIBIT IO.FCOT SLOPE EASEMENT 0.5113 OF AN ACRE 22.27! SO. FT. I ~d;_~.P© IO.Ol' ·1 ' POINT OF BEGINNING , EXHIBIT ~EA CALLEO TO BE WITHIN COPPELL ROAD 1.214 ACRES ' 48,969 SO. FT. VOLBOOO4. PG.1835 Dft. O.C.T. ,fPROFOSEO ' GHT-OF-WAY LINE ",~'~~/~IsH~~TB OF COMMENCEMENT 8(Nle~S SHOWN H(REON ARt 8A$(0 ON CkhCONTROL UONUM[NT 1"-60' N8851 '36"W 9.72' '11.1( [ASTrRt. Y LI,{ Oir T],{ WLLNJ F. C,K.L(JO TRACT Q4r LAN0 ANQ TI( (XISTNG W(STCRt,.Y RIGHT-OF-WAy tlN~ Of COPP~T.L RO~O 8[NG SOUTH 03' 2,0'34' WI:ST Evaluation Associates Page -22- Ii ,") METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA EXHIBIT "B" 10-FOOT SLOPE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.5113 of an acre tract of land situatext in the John E. Holland Survey, Abstract No. 614, the City of Coppeli, Dallas County, Texas and being a portion of a cailexl 130.710 acre tract of land described to William P. Callejo, Trustee by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDCT), said 0.5113 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast comer of said Callejo tract of land; THENCE North 88F,51'36" West along the southerly line of said Callejo tract of land, a distance of 31.73 feet to the POINT OF BEGINNING; THENCE North 88E51 '36" West, continuing along the southerly line of said Callejo uact of land and the northerly line of a called 0.077 acre tract of land described to Betty A. Phillips by deed recorded in Volume 88149, Page 3215, DRDCT, a distance of 10.01 feet to a point for comer; THENCE North 03E20'34" East, a distance of 2227.36 feet to a point for comer in the northerly line of said Callejo tract of land, same being the southerly line of Phase 1, Block 1, One Twenty One Business Park described by plat recorded in Volume 81094, Page 2568, DRDCT; THENCE South 86E2Y 12" East, along the northerly line of said Callejo tract of land and the southerly line of said Phase 1, Block 1, One ~ wenty One Business Park, a distance of 10.01 feet to a point for comer; THENCE South 03E20'34" West, a distance of 2226.93 feet to the POINT OF BEGINNING; CONTAINING a computed area of 22,271 square feet or 0.5113 of an acre of land. Evaluation Associates Page -23 - METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA EXHIBIT "C" DRAINAGE EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.2342 or an acre tract of !and situated in the John E. Holland Survey, Abstract No. 6 14, the City of Coppoll, Dallas County, Texas and boing a portion of a calicd 130.7 I0 acre tract of land dcscribed to William F. Callejo, Trustee, by deed recorded in Volume 80004, Page 1835, Dccd Records of Dallas County, Texas (DRDCT), said 0.2342 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Callcjo tract of land, same being in the existing westerly right-of-way line of Coppell Road (a variable width right-of-way); THENCE North 88°51 '36" West along the southerly line of said Callejo tract of land, a distance of 31.73 fcct; THENCE North 03020'34'' East, a distance of 1842.87 feet to the POINT OF BEGINNING; THENCE North 86'39'26" West, a distance of 60.00 feet to a point for corner; THENCE North 03'20'34" East, a distance of 170.00 feet to a point for corner; THENCE South 86'39'26" East, a distance of 60.00 feet to a point for corner; THENCE South 03'20'34" West, a distance of 170.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 10,200 square fcct or 0.2342 of an acre of land. Evaluation Associates Page -26- METES AND BOUNDS DESCRIPTION OF PROPOSED ACQUISITION AREA EXHIBIT "D" TEMPORARY CONSTRUCTION EASEMENT METES AND BOUNDS DESCRIPTION BEING a 0.4293 of an acre tract of land situated in the John E. Holland Survey, Abstract No, 614, the City of Coppell, Dallas County, Texas and being a portion of a called 130,710 acre tract of land described to William F. CaIlejo, Trustee, by deed recorded in Volume 80004, Page 1835, Deed Records of Dallas County, Texas (DRDCT), said 0.4293 of an acre tract of land being more particularly described as follows: COMMENCING at the southeast corner of said Callejo tract of land, same being in the existing westerly right-of-way line of Coppcll Road (a variable width right-of-way); THENCE North 88°51 '36" West along the southerly line of said Callejo tract of land, a distance of 31,73 feet; THENCE North 03°20'34'' East, a distance of 18 17,87 feet to the POINT OF BEGINNING; THENCE North 86°39'26'' West, a distance of 8~5.00 feet to a point for corner; THENCE North 03°20'34'' East, a distance of 220,00 feet to a point for corner; THENCE South 86°39'26'' East, a distance of 85.00 feet to a point for corner; THENCE South 03°20'34'' West, a distance of 220,00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 18,700 square feet or 0,4293 of an acre of land, Evaluation Associates Page -25- PRO1}OSED ACQUISITION MAP ,.' EXHIBITS 'C' & 'D' 0." 6 . . L.~.~o' ..... POINT OF BEGINNING N86'39'26~ 5.00' ~ . 8 2.87' 1817.87' ~" ~c~ POI~ OF COMMENCING ~.~.C- · N88~ I 31.7Y ~GS ~WN ~a[ON M~ B~[O ~ T~ (~T(~Y L~ ~ T~ ~L~ r. C&L(~ TROT ~ L~ ~ ~TH 03'20'34' Evaluation Assoeiates Page -24 -