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ST9801-ES 990820AUG 20 ROSEFIT L, DILLARD HI RO6EFqT 'g, f.tq~R PETER G- r~4ITH DAV'tD M, ~RMAN BRUCE A. $TO CKAR~ 15:51 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9723043~70 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.E Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akatd Dallas, Tcx-s 75201 (21,;) 965-9900 Fax (214) 965-0010 E-mail NJDH$~NJDHS.~om P.02/07 .,,K~N F. ROEHN JASON G- MARSF~4Jk J. DAVID Q~ tfi ROOER"r L. DIL.LARD, JR. ., L.OUI6 NICHOLS August 20, 1999 VIA FACSIMILE 972/304-3570 Ken Cn'iffm City Engineer City of Copp~ll 255 Parkway Boulevard P.O. Box 478 CoppHi, Texas 75019 RE: Commissioners Award and Costs in Coppell Road Condemnation Dear Ken: Pursuant to our telephone conversation this morning, we are sending you the information on the Special Commissioners. Pleas~ issue a check for $600.00 to each commissioner. As we discussed this morning, when Mr. Callejo makes an application to withdraw the money we put in trust for the condemnation, we will be able to subtract the $1,800.00 from that mount. The commissioners' names and addresses are as follows: Cynthia Nobles 2715 Viva Drive Mesquite, Texas 75150 Ruben Garcia 551 t Matalee Ave. Dallas, Texas 75206 Peggy Lundy 535 Parkhurst Drive Dallas, Texas 75218 Thattic you for your attention to this matter. Please feel free to call if you have any questions, Very truly yours, JDD/cdb NICHOLS, JACKSON, DILLARD, 27869 AUG 28 '99 15:51 FR NICHOLS JCKSON DLLRD 214 965 8818 TO 9?230435?0 P.03/07 CAUSE NO. CC-99-07200-E THE CITY OF COPPELL, TEXAS, § IN THE COUNTY COURT Plaintiff, § V. § AT LAW NO. S WILLIAM F. CALLEJO, TRUSTEE § Defendant § AWA._RD OF OF DALLAS COUNTY, TEXAS COMM~._SSIONER$ On August 11, 1999, at County Court At Law Number 5, this proceeding was heard by the persons whose names and signatures appear at 'the bottom of this award for the purpose of assessing the damages resulting from this proceeding in eminent domain. Plaintiff appeared through its duly authorized representatives and attorneys, Robert E. Hager and I. David Dodd, HI. Defendant 81~eared in person ,~nd lhro~h hic attorncy, Eddie, Vassallo. All parties to the proceeding were properly before the special commissioners. The special commissioners fred: L On July 2, 1999, the City of Coppell, Texas, Plaintiff, filed a written petition with CharIes Stokes, judge of the County Court At Law Number 5 of Dallas County, Texas, seeking judgment. for the purpose of acquiring fight-of-way and other easements appurtenant for the construction, maintenance and operation of a public street, highway and road as well as pwviding for appropriate easements and appurtenances necessary and associated with the construction and maintenance of such public street, highway and road in the property described in Exhibits "A" and "B" attached and incorporated herein by reference, and to acquire drainage, slope and construction easements in the pwperty described in Exhibits "C" and "D" attached and incorporated by reference. AWARD OF SPECIAL COMIviISSION!~i~$ 27666 AUG 20 '99 15:51 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9?250455?0 P.04/07 II. On July 2, 1999, Charles Stokes, judge of the County Court At Law Number 5 of Dallas County, Tcxas, appoimcd Cynthia Nobles, Ruben Garcia, and Peggy Lundy, thr~c disintcrestcd freeholders of Dallas County, Texas, as special commissioners to assess the damages resulting from this proceeding in eminent domain. Ill. The special commissioners were duly qualified, and each took the oath prescribed by law in which each swore to assess the damages fairly and impartially and in accordance with the law. Copies of these oaths are on file with the papers in this proceeding. IV. Having been sworn, the special commissioners, on~/4? ,1999, promp~y set August 1t, 1999, at 9:00 o'clock, A.M., at County Court at Law Number 5 in Dallas, Texas, as the time and place for hearing the parties. The day appointed was the earliest practicable day, and the place selected was at the county seat of the county in which the property is situated. V. Notice in writing was issued by the commissioners to each of the parties interested, notifying them of the time and place selected for the hearing. VI. ]'he notices were served upon the parties at least ten (10) days before the day set for the hearing, exclusive of the day of service, and they were served by a person competent to testify, by delivering a copy of the notice to each party or the party' s agent or attorney. AWARD OF SPECIAL COMMISSIONERS 27666 AUG 20 '99 15:52 FR NICHOLS 3CKSON DLLRD 214 965 0010 TO 9?230435?0 P.05/07 VII, After service of notice had been perfected, the commissioners, at the time and place appointed, proceeded to hear the parties, all of whom announced ready for hearing. Evidence was received, and argumen~ was submitted by the parties, VIII. After hearing the evidence and arguments as to the value of the pwperty sought to be condemned and as to the damages which will be sustained by the owner, if any, by reason of condemation and as to the benefits that will result to the remainder of the property belonging to the owner,. if any, by reason of the condemnation of the property and its employment for the purpose for which it is to be condemned, the special commissioners assess the actual damages that will accrue to the owner by the condemnation as follows, according to law: l. Market value of the interest in land taken in the market where it is located at the time of the hearing: $ ~ ) ~..~._~ ~us I P 2. Special injuries sustained by the remainder and which are peculiar to the owner and connected with the ownership, use, and enjoyment of the particular parcel of land: $ {Z~ ; less 3. Special benefits received b~ the remainder and which are peculiar to the owner and connected with the ownership, use and enjoyment of the particular parcel of land: $ ~/ ; leaving 4. Actual damages that will accrue to the owner as a result of the condemnation: $ ~}) ct(~~. (cO AWARD OF SPECIAL COMMISSIONERS 27666 AUG 20 '99 15:52 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9723043570 P.06/07 The costs in this proceeding which have accrued to date are $ xpense of serving notice upon the defendant, and the reasonable fees of the special commissioners to be s~t by the Court. THEREFORE, we, the special commissioners, assess the actual damages that will o~crue to the owner as a result of this condemnation at $ g/~ o~,~ ~. and we award that sum to defendant. We adjudge that costs against Defendant for the reasons provided by law. On~c'~.l/, , 1999, we have reduced our decision to writing and have signed that decision on that date. By: ~PECIAL C~MMISSIONER By: AWARD OF ,SPECIAL COMMISSIONERS 27666 AUG 20 '99 15:52 FR NICHOLS JCKSON DLLRD 21~l 965 0010 TO 97230~13570 P.07/07 It is ordered that each special commissioner receive the sum of $ .//' t~O reasonable fee for services in this proceeding. ~gS~ SIGNED this//'dayof ~~~ ,1999. This award ofthe special comn~ssioners was filed wi~h me on~~./// _, 1999. ~:~,~ as a XwAlz~ oF SPSC~AL 27666 ** TOTAL T PAGE.O? ** ! I