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Home My WebLink About1994-033b:\porter\jud9appr.0 ORDINANCE NO. 9 ` - 03 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGMENT IN CITY OF DENTON VS. JOHN W. PORTER AND WIFE, MARGARET G. PORTER RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John and Margaret Porter have approved the terms of a proposed judgment to be signed by the Judge of County Court at Law No. 3 of Denton County if the City of Denton concurs with the terms of such judgment; and WHEREAS, the City of Denton desires to extend the runway at the Denton Municipal Airport and finds that the terms of the proposed judgment are reasonable and would allow progress on the runway extension project to continue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it authorizes the City Attorney to execute the proposed Judgment in Cause No. CV-92-00522-C, styled City of Denton vs John W. Porter and wife Margaret G. Porter, that is attached hereto and made a part hereof for all purposes, if such judgment is executed by the attorney for the individuals and lienholders owning an interest in the property being condemned. SECTION II. That it authorizes the expenditure of $26,293.00 for the purchase of 9.6 acres in fee simple and such other expenditures in accordance with the terms of the Judgment at such time as the Judgment has been signed by the Court. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of1994. BOB CA 6ZERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. A VED S TO LEGAL FORM: D A. DRAYOVITCH, CITY ATTORNEY BY: ��c� 071012 NO. CV-92-00522-C CITY OF DENTON, § CONDEMNATION PROCEEDINGS Plaintiff § FILED WITH THE JUDGE OF VS. § THE COUNTY COURT AT LAW § NO. 3, IN AND FOR JOHN W. PORTER, and wife, § DENTON COUNTY, TEXAS MARGARET E. PORTER, § Defendants § JUDGMENT pp On this the day of 1994 in the above styled proceeding came on to be considered the Award of Commis- sioners filed with the Judge of the County Court at Law No. 3 of Denton County, Texas, on the 20th day of January, 1993. And, it appearing that the parties have agreed and compromised this matter, and have agreed to waive objections to such award which are on file in this matter, and acknowledge same by the signature of their counsel to this judgment. And, it appearing that the City will pay the sum of Twenty-six Thousand Two Hundred Ninety-three and No/100 Dollars ($26,293.00) for the fee simple title to that certain property situated in the City of Denton, Denton County, Texas, being heretofore described in the Award of Commissioners referenced above which is incorporated herein and made a part hereof for all purposes. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That the Commissioners' Award in this proceeding, as modified below, is adopted as the Judgment of this Court; 2.. That the City of Denton, Texas does have and recovers from John W. Porter and..wife,,.Margaret G. Porter, the fee simple title in and to that certain property (9.6 acres) situated in the City of Denton, Denton County, Texas, being heretofore described in the incorporated Award of Commissioners, and the same be, and is hereby vested in the City of Denton, Texas; 3. That Defendants, John W. Porter and wife, Margaret G. Porter do have and recover from the City of Denton the said sum of Twenty-six Thousand Two Hundred Ninety-three and No/100 Dollars ($26,293.00); 4. That John W. Porter and wife, Margaret G. Porter will not be responsible for erecting or maintaining a fence between the 9.6 acres herein vested in the City and the Porters' remaining property. The City of Denton shall be responsible for erecting and maintaining a fence to keep livestock pastured on the Porters' property from roaming out onto City of Denton Municipal Airport runways or taxiways. 5. It is further ORDERED that all costs of court in this behalf incurred be and the same are hereby taxed against the party incurring same, and that the City of Denton may have its Writ of Possession, if same is necessary, upon payment of the Commis- sioners' Award into the registry of the Court or to John W. Porter and wife, Margaret G. Porter directly. �/�� SIGNED this the /D day of /"w , 1994. JUDGE PRESIDING COUNTY COURT AT LAW NO. 3 DENTON COUNTY, TEXAS Judgment/Page 2 APPROVED: AAEL A. BUCEK _ ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS IKE GRIFFIN, ATTORNEY JOHN W. PORTER AND WIFE, MARGARET G. PORTER Judgment/Page 3 AAA010CD CITY OF DENTON, PLAINTIFF VS. JOHN W. PORTER AND WIFE, MARGARET G. PORTER, DEFENDANTS No. CV-92-00522-C § § CONDEMNATION PROCEEDINGS § FILED WITH THE JUDGE OF § THE COUNTY COURT AT LAW § NO. 3 IN AND FOR § DENTON COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the �L day of 199came to be considered the above matter, before the Special Commissioners and freeholders of Denton County, Texas, duly appointed by the Judge of the County Court at Law No. 3 of Denton County, Texas, upon the Plaintiffs Original Statement in Condemnation of the City of Denton, filed on the 21st day of October, 1992, in said Court, praying for the condemnation of certain parcel(s) of land required for fee simple interest over lands and premises of Defendants for the public purpose of expanding the Municipal Airport to provide for the construction of an extension to the existing runway, said parcel of land being described more particularly in Exhibit "A" which is attached hereto and made a part hereof for all purposes. The said Special Commissioners having given notice, and the said Defendants having been duly and properly served with notice of the time of hearing and the place of meeting, all as required by law; and the City of Denton having appeared through its Attorney of Record, Mike Bucek, Assistant City Attorney for the City of Denton and Defendants having appeared through its Attorney of Record, Mike Griffin, and all having announced ready for trial, all matters involved in said condemnation were submitted to the said Special Commissioners and the pleadings and evidence having been heard by us, the said Special Commissioners, assess the damages resulting from this proceeding in eminent domain to Defendants as follows: a. Value of the fee simple interest being condemned: $ 3 plus b. Diminution of the value of the remainder by reason of the / severance, if applicable, of $ -�U ; c. Total damages that will accrue to Defendants as a result of this condemnation; $ O We herein award the above described land and the title to same as requested by Plaintiff to the Plaintiff for the named public purposes, with full and complete right, use and possession thereof. We adjudge the costs in this proceeding which have accrued to 7 date of $ / 5 • e�O (including court filing fees, and the expense of serving notice upon the Defendants) and the reasonable fees of the Speci7 Commissioners to be set by the Court, against C (City reasons provided by law. 7 SSIONER _46�� HOLT COMMISSIONER DAN TRAMMELL The foregoing award was filed with me on the day of cFit. , 199?7 /;�,, c "_- UDGE PRES ING : EXHIBIT "A" FIELD NOTES ALL that certain lot, tract, or parcel of land situated in Denton County, Texas and being part of the William Wilburn Survey A-1419 and also part of a tract dated September 27, 1991 from L.R. Downs and wife Sue Mingo Downs to John W. Porter and wife Margaret G. Porter recorded in Volume 3071, page 158 of the Real Property Records of Denton County Texas and being more particularly described as follows: BEGINNING at the northwest corner of "Tract II" shown by dead to the City of Denton, Texas, recorded in Volume 871, Page 142 Deed Records; THENCE north 6. 101 41" west a distance of 504.41 feet to a point for a corner; THENCE south 880 351 51" east a distance of 916.54 feet to the center line of Masch Branch Road; THENCE south 10 24' 09" west with the center of Masch Branch Road 100.0 feet to the northeast corner of "Tract III" of said City of Denton tract; THENCE north 88. 35* 51" west with the north line of said "Tract I11" 50.0 feet to the northwest corner of "Tract III"; THENCE south 1. 241 09" west with the most easterly west line of "Tract I1I" 400.0 feet to the northeast corner of said "Tract II"; THENCE north 88. 35� 31" west with the north line of "Tract II" 800.0 feet to the Point of Beginning and containing 9.679 acres of land. (•"r)-+ 9m(-"!"(77trtlinrs+;pray. 7i(4^.lt', V"A1P-0.: Ci 1� h t t'"I�R h{ ufi11'C.ktf� GP OOLfil164 �c,� C'(Y (IOCNO 'eFI)Of 4(ILUNCr'8F;'C[aA(.LAY7. .:f 1 7k01 ILUAIq j�iYLN �ChPT+i f d 1I3rL1yGf yV (:iz� i+�nrxiftrw,�F�tf7ln+txF:I�T3umwir°etc �n Sha Jat+ iddoyl ._etamp 1�ie onn bymn nuw. e�)nrynEWHJcu lrii,e Off9;;!PuIIIGCianorC_•.. . .... �;2n�/,YexNaGR SEP 131994 J .„ /JJry/ PAC) Sncm Poth70 JOWSYY•TUA9 +y t:f:3iJ8*d7'Y, 3;{ HONORABLE HOIIGE i P� 1C'.QUbi'1'Y CLk ftd iLi 2 o :X •�—� on 1994/0 9/16 _ Y C a Number„ 94—Roo7joia T y p tIDS 00 cc:J � w z Guaranty COMMITMENT FOR TITLE INSURANCE ISSUED BY We, Title Resources Guaranty Company, will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance atthe date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends in ninety (90) days from the effective date, unless the Policy is issued sooner, orfailure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. Tale Resources Guaranty Company L'� W /� THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. 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OR FILE NO.: 94101189 Effective Date: September 6, 1994 at 8:00 AM 1. Policy or Policies to be issued: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Proposed Insured: CITY OF DENTON (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR) Proposed Insured: (c) MORTGAGEE POLICY OF TITLE INSURANCE Proposed Insured: Proposed Borrower: Policy Amount $ 13 , 793 . 00 Policy Amount $ Policy Amount $ (d) MORTGAGEE POLICY OF TITLE INSURANCE ON INTERIM CONSTRUCTION LOAN Binder Amount $ (Form T-13) Proposed Insured: Proposed Borrower: 2. The interest in the land covered by this Commitment is: FEE SIMPLE 3. Record title to the land on the effective date appears to be vested in: JOHN W. PORTER and wife MARGARET G. PORTER and EAGLE FARMS, INC. 4. Legal description of land: Being 9,679 acres out of the WILLIAM WILBURN SURVEY, Abstract No. 1419, to the City of Denton, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. This Commitment valid only if Insuring Provisions Page of Pages Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. Revise an�ary i-1sss Title Resources Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE OF NO. OR FILE NO.: 94101189 In addition to the Exclusions and Conditions and Stipulations, the Policy will not insure you against loss, costs, attorney's fees and expenses resulting from: 1. Intentionally Deleted. 2. Any discrepancies conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions or overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured (Owner Policy only). 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perinnial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Exception 4 applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 1994 and subsequent years and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering to Mortgagee the lien document described in SCHEDULE A if the land is part of the homestead of the owner. (Applies Title Policy Binder on Interim Construction Loan and may be deleted if satisfactory evidence is furnished to the Company before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only.) 9. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception): a. All visible and apparent easements or uses and all underground easements or uses, the existence of which may arise by unrecorded grant or by use. b. Rights of third parties, if any, with respect to any portion of the subject property which lies within the boundaries of a public or private road. (May be amended or deleted upon approval of current survey.) Commitment to insure This Commitment valid only if Insuring Provisions Pag e__Pages For Use in the State of Texas and Schedules A, B, C and D are attached. Revises January �, tgss Title Resources Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B (Continued) NUMBER: 94101189 c Easement Page0WER AND 595, DeedlGHT Re ordsPofYDentondNovember 10, 1944, recorded County, Texas. d. LispPendens filed October 21, 1992 recorded in Volume 3354, Page 714, Real Pro edtyIRecords ofDenton JCounty. OHN W. PORTER ein suit cause no. CV-92-00522-C, TY NTON vs. e. Undivided 112 interest in Oil, Gas, and other Minerals described in instrument filed January 31. 1983 recorded in Volume 1191, Page 521, Deed Records of Denton County, Texas. This Commitment valid only if Insuring Provisions Page— of_Pages Commitment to Insure A, B, C and D are attached. Revised January t, 1 993 For Use in the State of Texas and Schedules Title Resources Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE C GF NO. OR FILE NO.: 94101189 Your policy will not cover you against loss, costs, attorneys fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued. 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes assessments and charges against the property, have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment- S. Deed of trust from JOHN W. PORTER and wife MARGARET G. PORTER to DONALD R. HOGGE, Trustee, dated September 20, 1991, filed October 1, 1991„ recorded in Volume 3071, Page 164, Real Property Records of Denton County, Texas, securing vendor's lien note in the sum of $376,000.00, payable to FARM CREDIT BANK OF TEXAS, and securing other indebtedness as described therein, if any. With respect to item 2 of Schedule C above, the Company will not except in any policies to be issued pursuant to this commitment to "Lack of a right of access to and from the land." 7. Require examination of appropriate corporate resolutions of EAGLE FARMS, INC. authorizing this transaction. This Commitment valid only if Insuring Provisions Page commitment to Insure of_Pages For Use in the State of Texas and Schedules A, B, C and D are attached. Reese anuary 1, 1993 Title Resources Guaranty Company SCHEDULE D GF NO. OR FILE NO.: 94101189 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this Commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owner Policy $ 311.00 Mortgagee Policy $ Endorsement Charges $ Total $ 311.00 Of this total amount: 5gg will be paid to the policy issuing Title Insurance Company; 1$ 55.50 will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom $ 96.41 TITLE RESOURCES GUARANTY COMPANY For Services TITLE SERVICES *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. The issuing Title Insurance Agent, Title Resources of Denton County, L.L.C., dlbla Title Resources, is a company directly owned or controlled by Gary H. Kirchoff. The issuing Title Insurance Company, Title Resources Guaranty Company, is a corporation whose shareholders owning or controlling, directly or indirectly, 10% of said corporation, directors and officers are listed below: SHAREHOLDERS: Security Title Agency; Lyda Bunker Hunt Allred DIRECTORS: Robert E. Philo, Jr.; Lyda Bunker Hunt Allred; Alfred L. Allred; Leroy J. Schneider; Kathy A. Schneider; Phillip Wise; Ned Fajkowski; Vincent George OFFICERS: President -Robert E. Philo, Jr.; Exec. Vice President/Secretary-E. Paul McNutt; Controller -Raymond Reece Commitment to Insure This Commitment valid only if Insuring Provisions Page— of_Pages For use in the State of Texas and Schedules A, B, C and D are attached. Revised January t, tsss Exhibit A All that certain lot, tract, or parcel of land situated in Denton County, Texas and being part of the WILLIAM WILBURN SURVEY A-1419 and also part of a tract dated September 27, 1991 from L.R. DOWNE and wife SUE MINGO DOWNE to JOHN W. PORTER and wife MARGARET G. PORTER recorded in Volume 3071, page 158 of the Real Property Records of Denton County Texas and being more particularly described as follows: BEGINNING at the northwest corner of "Tract II" shown by deed to the City of Denton, Texas, recorded in Volume 871, Page 142 Deed Records; THENCE north 6 degrees 10 minutes 41 seconds west a distance of 504.41 feet to a point for a corner; THENCE south 88 degrees 35 minutes 51 seconds east a distance of 916.54 feet to the center line of Masch Branch Road; THENCE south,l degrees 24 minutes 09 seconds west with the center of Masch Branch Road 100.0 feet to the northeast corner of "Tract III" of said City of Denton tract; THENCE north 88 degrees 35 minutes 51 seconds west with the north line of said "Tract III" 50.0 feet to the northwest corner of "Tract III"; THENCE south 1 degrees 24 minutes 09 seconds west with the most easterly west line of "Tract III" 400.0 feet to the northeast corner of said "Tract II"; THENCE north 88 degrees 35 minutes 51 seconds west with the north line of "Tract II" 800.0 feet to the POINT OF BEGINNING and containing 9,679 acres of land. ag jOZ9 XOUUIN3uoauaQ suxay'uojuadjo 10 au CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in reliance on this Commitment. Our liability is limited to the amount shown in Schedule A of the Commitment and will be subject to the following terms of the Policy: Insuring Provisions; Conditions and Stipulations; and, Exceptions from coverage. IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL -FREE TELEPHONE NUMBER 1-800-526.8018 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800.252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 AVISOIMPORTANTE PARA INFORMACION, 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1-800-526-8018 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800.252.3439 pare obtener informacidn sobre: 1. como someter una queja an contra de una companla de seguros o agente de seguros, 2. si una companla de seguros o agente de seguros tiene licencia, 3. quejas recibidas an contra de una companla de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicacibnes y servicios para consumidores disponibles a trav6s del Departmento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 W y � ScI Xg QU