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Rt,,;l ~~CrEMY RECORDS
NO. 10422
CITY OF DENTON, TEXAS S PROCEEDINGS IN EMINENT DOMAIN
VS. 5 IN THE COUNTY COURT AT LAW NO, 2
c ,
M. C. BURCH, ET AL S OF DENTON COUNTY, TEXAS
RELEASE OF JUDGMENT 4 93~l4
On July 20, 1984, Marvin C. Burch, individually and as
independent executor of the estate of Grace Ann Burch, deceased;
and Mary Kate Burch, Richard Lee Burch and Nelda Grace Burch,
defendants, recovered a judgment against the City of Denton, 1
Texas, plaintiff, in the County Court at Law No. 2, Denton
County, Texas, in Cause No. 10422. Said judgment was for Sixty
Three Thousand Eighty-Four and N01100 Dollars ($63,084.00) plus
six percent interest (68) from April 30, 1982. Defendant, City
of Denton, as condemnor in said cause, had, in accordance with
the Award of the Special Commissioners appointed by the Court,
previous) deposited Seventeen Thousand Five Hundred and No/lU0
Dollars 17 5
, 00.00) into the Registry of the Court which amount
was withdrawn by the defendants, and defendants acknowledge
receipt of said amount, and which after deducting said $17,500
heretofore received from the $63,084.00 awarded by the jury,
defendants are entitled to Forty-Five Thousand Five Hundred
Eighty-Four
and ~
No/100
($45F584.00) plus six percent (6B)
interest on said amount to date of judgment. Such judgment was
entered on the minutes of the Court on August 28, 1984.
I An abstract of said judgment was made and appears in the
Judgment Records of Denton County, Texas at Volume 71 Page 481.
Marvin C. Burch, individually and as independent executor of
the estate of Grace Ann Burch, deceased; and Mary Kate Burch, i
Richard Lee Burch and Nelda Grace Burch, are the legal owners
and holders of saia judgment and, in consideration of the
payment of the judgment, debt, interest and costs, the receipt
of which is hereby acknowledged, hereby releases and discharges
the City of Denton and declares the judgment fully paid and i
satisfied. i
Dated i '✓11v
✓ ~ 1984. 1
AR)/IN C. BURCH, INDIVIDUALLY A74 D
AS /INDEPENDENT EXECUTOR OF THE
ESTATE OF GRACE ANN BURCH, DECEASED
MMY "ATE BURCH
RICHARD LEE BURCH
~1 k 1XI
NE 1A GRACE BURCH
RELEASE OF JUDGMENT-PAGE 1
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THE STATE OF TEXAS §
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COUNTY OF DENTON §
g-bis instrument was acknowledged before me on f'•
1984 Marvin C. Burch, individually and as ndependent
f V Cr the estate of Grace Ann Burch, deceased on behalf of ,
said Este
p i At
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DENTON COUNTY, TEXAS
My Commission expires:
e I THE STATE OF TEXAS S
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COUNTY OP DENTON S
X91 PUe r
o~ Thument war; acknowledged before me e- t J
198, by 'M on
ai+y to Burch,
NOT RY BLIC
n,~ r DENTON COUNPYr TEXAS
My Commission expires: 40
THE STATE OF TEXAS S
i
COUNTY, r.
DENTON 5 ,
Th~o-~s t ument was acknowledged before me on
° 1984 b 'R' fd Lee Burch.
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f {DENTON COUNTY, TEXAS l
My Commission expires: f;
,
THE STATE OF TEXAS S
? COUNTY OF DE14TON 5
~~P~1984dJh a nstrument was acknowledged before me on 1
da Grace Burch.
l ft 1! -611
UHLIC
T j 0 S PLNTGii COUNTY, TEXAS
My ComfiiBsion expires:
RELEASE OF JUDGMENT-PAGE 2
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VOL 1472PAGE327
RAL ppel"E'TY RFC?,RDS
NO. 10422
CITY OF DENTON, TEXAS S PROCEEDINGS IN EMINENT DOMAIN
1 VS. S IN THE COUNTY COURT AT LAW NO. 2
S
M. C. BURGH, ET AL
5 OF DENTON COUNTY, TEXAS
JUDGMENT #
BE IT REMEMBERED, that on the 17tn day of July, 19840 came on
to be heard the above-entitled and numbered cause and came the
t
Plaintiff, City of Denton, Texas, and announced ready for trial
and came the Defendants, Marvin C. Burch, individually and as
independent executor of the estate of Grace Ann Burch, deceased;
and Mary Kate Burch, Richard Lee Burch and Nelda Grace Burch, and
announced ready for trial.
I
Prior to the commencement of the trial of this cause, said
Defendants admitted and stipulated in open court that the
Plaintiff, City of Denton, has the ri;.c to recover and condemn
the property described herein; that all prior steps and due
i
processes of law were dulYr legally,
and timely performed; that
all legal prerequisites for the trial of this cause by this Court
had been duly complied with; that the only issue remaining in
i this cause to be tried by this Court is the amount of
compensation due to the Defendants as a result of the
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condemnation of the herein-described
property; 'and that this
Court has jurisdiction ° such issue and this cause of action.
II.
From the papers heretofore filed in this cause, the evidence
introduced upon the trial of this cause, and the agreements and
stipulations made by the Y parties upon the trial of this cause,
the Court finds:
(1) That under and by its Second Amended Statement for Condem-
nation filed with the Judge of this Court on the 5th day of April,
JUDG14ENT-PAGE 1
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1983, Plaintiff sought and prayed for the acquisition of an
j easement for sanitary sewer lines from the Defendants, through
condemnation of the following-described tracts of land located in
Denton County, Texas, to wit:
E, TRACT A: All that certain lot, tract or parcel of land lying and
being situated in the County of Deriton, State of Texas, and being
part of the J. Withers Survey, Abstract No. 196, and being part
of a tract of land of 255 acres, more or less, as conveyed by
deed recorded in Volume 239, Page 191 Deed Records of Denton
County, Texas, and also b::ing part of a tract of land of 100
acres, said 100 acre tract being taken out of the aforementioned
` 255 acre tract, and conveyed by deed recorded in Volume 440, Page 4
214 Deed Records of Denton County, Texas, and being more
particularly described as follows:
Said easements crossing above mentioned tracts comprising two
parts, as herein designated and described, including (1) a per-
manent easement twenty (201) feet in width for construction or
l reconstruction of utilities and appurtenances, and for perpetually
FF maintaining said utility easement, and (2) an additional area
( adjacent to the permanent easement f• rty (401) feet in width to
be used for initial construction.
PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING at a point in the present east L-oundary line of said I
100 acre tract of land, said point also being the west right of
way line of F.M. 1830, said point lying south 0034'30" west
524.22 feet from the present northeast corner of the First Tract
of the aforementioned 100 acre tract as described in deed
recorded in Volume 440, Page 214 of the Deed Records of Denton
County, Texas;
THENCE south 86030' west a distance of 258,0 feet to a point;
THENCE rorth 38035' west a distance of 699.7 feet to a point in
the north boundary line of the First Tract in said 100 acre tract
as described in Volume 440# Page 214, said point also lying north
89025130' west, 699.19 feet from the northeast corns=r of the said
First Tract;
THENCE north 3803$' west a distance of 2464.9 feet to a point;
THENCE north 47925' west a distance of 174.1 feet to a point;
I
THENCE north 34045' west a distance of 447.0 feet to a point;
THENCE north 0034130' east a distance of 252.1 feet to a point in
the north fence boundary line of the aforementioned 255 acre
tract, said point lying south 89025130" east 10.0 feet from the
northwest fence corner of said 255 acre tract;
PART 2-CONSTRUCTION EASEMENT
In addition to the 20 foot permanent easement as described above,
an iniitial construction easement 40 foot in width is to be
furnished. This easement shall be adjacent and parallel to the
permanent easement and shall be 20 feet in width on each side of
said permanent easement, except for the final 252.1 feet whereby
said easement shall he 40 feet in width and lie on the east side
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JUDGMENT-PAGE 2
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to be used
of said permanent easement. The construction easement
for initial construction only.
TRACT B: Said tract being in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and recorded in Volume 288, Page
i 138 in the Deed Records of Denton County, Texas. }
i
Said easements crowing this property comprising two parts, as
herein designated and described, including (1) a permanent
easement twenty (201) feet in width for construction, or
-reconstruction of utilities and appurtenances and for perpetually
•f' maintaining said utility easement, and (2) an additional area
it
adjacent to the permanent easement forty (401) feet in width to
be used for initial construction.
PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING at a point in the east line of the aforementioned tract i
of land said point basing in the center of Hickory Creek at a
point which bears north 35011'48" east a distance of 4353.19 feet
from the southwest corner of said tract;
THENCE north 81025' west a distance of 132.0 feet to a point;
j THENCE north 18017' west a distance of 857.0 feet to a point;
i
j THENCE north 77000' west a distance of 650.0 feet to a point in
the west fence line of said tract, said point being north
j 18001132' east a distance of 4771.16 feet from the southwest
i coiner of said tract of land;
,
PART 2-CONSTRUCTION EASEMENT
' In addition to the 20 foot permanent easement as described above,
an initial construction easement 40 foot in width is to be
furnished. This easement shall be adjacent and parallel to the
permanent easement and shall be 20 feet in width on each side of
said permanent easement. The construction easement to be used
for initial construction only.
(2) That the above-described tracts of land were initially
i
condemned in three separate actions, filed as Cause Numbers
104210 10422, and 10423 in Denton County, Texas$ That prior to
trial, and after the Special Commissioners held hearings in said
condemnation actions and made their awards therein, Cause No.
10421 and 10423 were :onsolidated with Cause No. 10422 and
transferred to County Court at Law No. 2, Denton County, Texas by
an order entered on the 10th day of May, 1982, in the County
Court at Law, Denton County, Texas.
{ (3) That pursuant to Plaintiff's Statements for Condemnation
filed in Cause No. 10421, 10422 and 10423, said Judge appointed
three disinterested freeholders of Denton County, Texas, as
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JUDGMENT-PAGE 3
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special Commissioners, who subsequently met, took their oaths of
office, set a date of hearing before such Commissioners, and
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caused notice thereof to be duly served as prescribed by law, and
that said Special Commissioners duly held said hearing.
(4) That upon said hearings all parties appeared, either in
1;`r
person or by their attorneys, and that after such hearings, said
Special Commissioners made and rendered their decision and Awards
in writing, and filed said Awards with the Judge of this Court on
April 30, 1982.
(5) That by said written Awards, said special Commissioners
1
awarded to said Defendants, Marvin C. Burch, individually and as {
independent executor of the estate of Grace Ann Burch, deceased;
the
and Mary Kate Burch, Richard Lee Burch and Nelda Grace Burch,
sum of Four Thousand and No/100 ($4,000.00) Dollars in Cause No.
104211 Eight Thousand and No/lOU ($8,000.00) Dollars in Cause 11o.
10422 and Five Thousand Five Hundred and No/100 ($5,50U.100)
i Dollars in Cause No. 10423, amounting to a total award of
Seventeen Thousand Five hundred and 1401100 Dollars ( 17,SOU.UO .
(6) That said Plaintiff, City of Denton, duly and timely i
i
filed an objection anu exception to said Awards of said
commissioners and caused Defendants to be cited accordingly.
III.
Thereupon, came a jury composed of six good and lawful men
~ and women, who, being duly tested, qualified,, empaneled and
sworn, heard the pleadings, the stipulations of the parties, the
evidence! and the argument of counsel.
After hearing the pleadings, the evidence and argument of
Y counsel, and the stipulations of the parties, and after due
deliberation, said jury reached a verdict in answer to the
special issues submitted to them by the Court as follows:
SPECIAL ISSUE 140. 1: Find from a preponderance of the
{ evidence the market value of the temporary construction easement
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JUDGMENT-PAGE 4
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VOL 1472Pacc331
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from the date of taking to the date such easement ceased to
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exist, taking into consideration the uses to which such temporary
5
»)f construction easement was put during the period of its existence.
Answer in Dollars.
' R✓
ANSWER: $5,300.00
SPECIAL ISSUE 140. 2: Find from a preponderance of the
evidence the market value of the 2.61 ecres of the land included
1
easement as it existed immediately before the taking.
;r } Answer in Dollars.
ANSWER: $27,918.00 /
SPECIAL ISSUE NO. 3: Find from a preponderance of the 1
evidence the market value of the 2.61 acres of land included in 1
the easement as it existed immediately after the taking.
i Answer in Dollars.
ANSWER: $3,159.09
SPECIAL ISSUE NO. 4: Find from a preponderance of the
evidence the market value of the remainder lying outside the
ct taken by the City as it existed immediately before the
taking.
Answer in Dollars.
' ANSWER: $1,538,075.00
SPECIAL ISSUE No. 5: Find from a preponderance of the
evid:,ce the market value of the remainder lying outside the
tract taken by the City as it existed iminediAtely after the
taking considering the uses to which the part taken may be put.
Answer in Dollars.
ANSWER: $1,505,050.00
j
Said verdict was received and filed in the papers of the case
and such finding was duly received by the Court and was filed and
entered of record on the minutes of said Court, and the Court is
of the opinion that judgment should be rendered thereon.
JUDGMENT-PAGE 5
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IV.
It appearing to the Court and the Court finds from the
record, the evidence and the findings of the jury:
(1) That all proceedings necessary to vest this Court with
` jurisdiction of the subject matter and the parties of this cause
have been instituted, maintained and complied with as required by
law, and that, therefore, this Court has jurisdiction of the
parties hereto and of the subject matter set forth in this case;
(2) That said Defendants, Marvin C. Burch, individually and
l as independent executor of the estate of Grace Ann Burch,
"
deceased; and Mary Kate Burch, Richard r,ee Burch and Nelda Grace
Burch, are the owners in fee simple of the hereinbefore-described 1
property, and that City of Denton, Texas, as condemnor, is con-
demning and acquiring, under and by virtue of these condemnation
proceedings an easement in and to the heretofore-described
property, and that the City of Denton is authorized to condemn
said property;
(3) That from the pleadings and evidence and verdict of the
jury, the condemnees, Marvin C. Burch, individually and as
independent executor of the estate of Grace Ann Burch, deceased;
and Mary Kate Burch, Richard Lee Burch and Nelda Grace Burch,
should have and recover of and from the City of Denton,
condemnor, the sum and amount of Sixty Three Thousand Eighty-
Four and No/100 DOLLARS ($63,084.00) which represents, as
determined by the jury, the difference of the reasonable market
value of the land condemned and the remainder thereof immediately
ti prior to and immediately after the 30th day of April, 19821
including compensation for the use of the temporary construction
easement condemned therein.
(4) That the City of Denton, Texas in turn shou'd have and
recover from Condemnees, Marvin C. Burch, iniividually and as
independent executor of the estate of Grace Ann Burch, deceased;
I JUDGMENT-PAGE 6
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VOL 1472Pbrjf333
and Mary Kate Burch, Richard Lee Burch and Nelda Grace Burch, as
more specifically set forth in Plaintiff's Second Amended
Statement or Petition in Condemnation, an easement in and to the
E heretofore-described property;
(5) That the condemnor, City of Denton, Texas, did on the
P" 30th day of April, 1982, deposit into the Registry of this Court
o ~ a
the sum of Seventeen Thousand Five Hundred and No/100 Dollars
($17,500.00) :or the use and benefit of Condemnees, Marvin C.
Burch, individually and as independent executor of the estate of
Grace Ann Burch, deceased; and Mary Kate Burch, Richard Lee Burch
and Nelda Grace Burch, which amount was withdrawn from the
Registry of the Court and Defendants acknowledge receipt of the
Seventeen Thousand Five Hundred and No/100 Dollars ($17,500.00)
r already paid to them by the City of Denton, as evidenced by their
withdrawal of same from the Registry of the Court; and that the
Defendants, after deducting said Seventeen Thousand Five Hundred
and N01100 Dollars ($17,500.00) heretofore deposited, from the
F
Sixty Three Thousand Eighty-Four and No/100 Dollars ($63,084.00)
awarded by the jury are entitled to the net difference of
Forty-Five Thousand Five Hundred Eighty-Four and No/109 Dollars
($45,584.00) plus six percent (68) interest on said amount from
April 30, 1982 to date of judgment;
s
(6) That all costs of Court incurred herein should be taxed
against the Plaintiff which costs shall be paid oply to the Clerk
of Denton County, Texas,
V.
It is, therefore, ORDERED, ADJUDGED and DECREED that the City
of Denton, Texas, do have and recover of and from the Defendants,
Marvin C. Burch, individually and as independent executor of the
estate of Grace Ann Burch, deceased; and Mary Kate Burch, Richard
Lee Burch and Nelda Grace Burch, an easement in and to the
heretofore-Described property, situated in the County of Denton,
JUDGMENT-PAGE 7
vot 1472PArE334
Texas, and that Defendants have and are entitled to a judgment
i
from the City of Denton in the sum of Forty-Five Thousand Five
Hundred Eighty-Four Dollars ($45,584.00) plus interest of six
percent (6B) on said amount from April 30, 1982 to date of
judgment for the interests in said properties herein condemned.
~ VI.
It is further ORDERED, ADJUDGED and DECREED that an easement
to construct, reconstruct, repair and perpetually maintain
1
sanitary sewer lines, and all necessary appurtenances thereto, to
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be in, under, along, and across the said heretofore-described
land is hereby decreed to and vested in the petitioner, City of 1
{E Denton, subject to the rights and limitations described in
` Plaintiff's Second Amended Statement as follows:
1 (1) For the efficient installation and operation of said
sanitary sewer lines Plaintiff's easement rights shall include
I ~
the right to clear and keep cleared the surface of the easement
all trees, bushes, and roots that might damage or interfere with
the maintenance and operation of said lines.
4
(2) The Plaintiff and owners or subsequent owners of the
lands covered by the easements described herein shall have, in
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- addition to any other rights, restrictions or limitations set
forth in Plaintiff's Amended Statement, the following rights,
F restrictions and limitations as to the said easement and use 1~1
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thereof:
(a) Sanitary sewer lines installed by Plaintiff shall be
buried underground at a depth of at least forty-two
inches (420), measured from the top of said line to
the average level of the original ground except where
said lines cross a creek, river ur other natural or
manmade drainage feature;
(b) Plaintiff shall have the right of ingress and egress
to the easements for purposes of repair, recon-
struction and maintenance of said lines, only by way
of the Defendant's land covered by the easement;
(c) Plaintiff shall not fence or otherwise enclooe the
easement. Defendants' and all subsequent owners, at
their option, may erect fences across and upon the
easement area, provided all such fences have Yates
JUDGMENT-PAGE 8
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which will permit reasonable access to c'1 of said
easement and further provided that such fences shall
q not be placed along, as distinguished from across
E the said easements. Plaintiff, reserves the right
to use any gates in fences that now or may in the
future exist across said easement, but when making
use of any gates placed across the easement Plain-
tiff shall use such access in a manner so to prevent
the entrance and exit of livestock;
(d) The Defendants and all subsequent owners of the land
shall have the right to lay out, dedicate, construct
and maintain roads, streets, alleys, underground
communication conducts, gas, water and sewer pipe-
lines and electrical power lines across, but not
along the above described easements, so long as such
facilities are constructed and installed so as not
to impair or interfere with Plaintiff's operation,
use and maintenance of said sewer line;
(e) Plaintiff's shall repair or replace any and all
1 gates and fences within the easement which are
removed, damaged or destroyed during construction,
reconstruction, repair or maintenance of said line;
(f) Defendants and all subsequent owners of the land
shall have the right to connect to and use the
Plaintiff's sewer line located in said easements;
provided such connection and use is done in
accordance with the procedures, costs and charges {
for such connection and use as are applicable to
Plaintiff's sewer customers as set forth in Plain-
tiff's city ordinances or as provided by state law.
(3) Apart from and except for the restrictions on the uses of
the land subject to the easement as are contemplated by the
I
aforesaid paragraphs above, the owners or other users o: said
land may utilize it for cultivation, grazing, or for any other i)
purpose thaL will not interfere with easement rights condemned 1
herein.
VII
It is further ORDERED, ADJUDGED and DECREED that same amount
may be, by the Plaintiff, deposited in the Registry of this Court
subject to the order of the Defendant, in full satisfaction of so
much of this judgment as is in favor of said Defendant; upon the
Plaintiff so depositing said sum, the County Clerk of Denton
County, Texas, is autiiorized and directed to deliver and pay to
said Defendants the said amount specified in this judgment.
JUDGMENT-PAGE 9
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i It is further ORDERED, ADJUDGED and DECREED that all Costs Of
Court be, and same are hereby adjudged against the Plaintiff,
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which costs shall be paid only to the County Clerk of Denton
County, Texas.
# , 1984. r
day o Zc
E
RENDERED, DATED and SIGNED this
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" JUDGE, LON DARLEY
COUNTY COURT AT LAW NO.
DENTON COUNTYr TEXAS.
i4F " q
APPROVED AS TO FORM:
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y' 'ORNEY FO
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KEL E
RICHAR H. 4
6 ATTORNEY FOR DEFENDANTS
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