HomeMy WebLinkAbout1986-1987
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C,)7p jv'c,.E 0.10 "I TM, C TTY A'S"L'C3RNIEY
MEMO.R ANDUM t
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rot Lloyd V. Ilarr^11, City Managor
FROM: Debra A. Droyovitch, City Attorney
SUBJECT Agreement between City of l)onton and Tonya Richey
DATE: October 27, 1986
Attached is the original and olio copy of an agreomont botweon
the City of Denton and 'I'onya RicLpy which I would npprociate
i your executing,. The incident took place when a City of Denton
! Police Officer refused to allow Ms. Richey access to the
j emorgoncy ruoin when her infant daughter was choking. [Tease
file the original with Charlotto and rotUrII the copy to my
office. Should you have any questions relative to this matter,
please advise. Thanks;
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Attachments
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THE' STA'n oil TEXA5 S
AGRF3DM11N"I'
COUNTY OF DENTON S
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This agrooment is entered into by and between the City of
Denton and Tj"rya Richey (hereinafter reforred to as parties) on
thin, the day of;.r,r7r_nt,lc1, 1986.
Each party horeto agrees to waivo all respective rights and
remedies in pond Ijig causes
of ac tloil , or future, causes of
action, as such causes of ar,tlon relate to the other party, and
arise out of the incident which occurred on or about Septembor
11 1986 involving Ionya Richey and employees of the City of
Denton,
CITY OF DENTUN, T13XAS
Il y L
i,i ' W i2TLrR~ _ ll O
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TIII S'T'ATE 01; THAS S
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COUNTY OF DENTON S
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1 on Chi s ;1 -day of 4e e. 1986, before me
3 the uuclorsigno 'Notary Pub persona r`y rpF)earod onya Richey,
1 personally known to me (or proved to me on the basis of
satisfactory evidence) to bo tho person whose name is subscribed
to this instrumont, and acknowledged that she executed it,
WITNI38S my hand and official seal,
Novy
e 1! i TIN ~ A' 1 , S '~j U l
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18141
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C '1`7C A'I L' UTtNILY _ • »
I MI MORAN:IJUM
To" Charlotte Allen, City Secretary
PROM: Joe D. Morris, Assistant City Attorney
SUBJECT: Cause No, 10816
City of Denton v, billy Mac Ennis, of ux
DATE: May 5, 1986
Attached is a co
~ py of the Agreed Judgment that has been filed in
the above cause, The Judgment has boon filed j.a Volume 1858,
i Page 177 of the Deed Records of Denton County, Toxas, This
Judgment in condomaation convoys to the City the simple title to
6,941.69 square foot (0.157 acrd) of land, which was acquired
for the Windsor Drive Street Improvements, Please file this
Judgment in your property records file.
Thank you for your attention to this matter,
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J i D, ~ ORIt S
JDM:js
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xcs Roger Wilkinson, Right-of-Way Agent
Attachment
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CITY or 0.., R4 PROPERTY RECORDS %
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N0. 10816 1
LVQL1858 f'hGd72
CITY OP, DENTON$ TEXAS Q PROCEEDINGS IN EMINENT DOMAIN
vs. § COUNTY COURT AT LAW NO, 2,
HILLY MAC ENNIS, ET UX § DENTON COUNTY, TEXAS
AGREED JUDGMENT
BE IT RkMEhlBEEIED, that on the -,3 1_ day of pr c h
1986+ came on to be heard the above-entitled and numbered cause
and came the Plaintiff, City of Denton, Texas, and announced
ready for trial and came the Defendants, Billy Mac Ennis and
wife, Anna Ennis and announced ready for trial
Prior to the commencement of the trial of Luis cause the
Defendants admitted and stipulated in open court that the
t Plaintiff, City of Denton, has the right to ri:cover end condemn
the property described herein; that all prior steps and due
processes of law were duly, legally, and timely performed; that
all legal prerequisites for the trial of this cause by the Count
I had been duly complied with; that tho only issue remaining in
this cause to be tried by this Court is the amount of compen-
sation due to the Defendants as a result of the condemnation of
the herein described property; and that this Court has juris-
diction of such issue and this cause of action.
ti.
From the papers heretofore fl.1c.4 in this causa, the evidence
introduced upon the trial of ttiis cattae., and the agreements and
stipulations made by the parties upon the trial of this cause,
the Court finds
(1) That under and by plaintiff's Petition for. Condemnation
Plaintiff sought and prayed for the acquisition of land for
street purposes from the Defendants th n of the
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I N11 AY 1 1996
l CITY OF DENTON
LEOAL DEPT,
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Vol ~(7 :7 I'AU 173
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tract of land located in Denton County, 'texas, described as
follows;
All that certain 0,157 acre tract or parcel of land
situated in the Ii,B,B, & C,R.R, Co, Surve
No, 186, Denton County, Texas, said tract being Abstract
a tract shown by deed to B, M, Ennis and reordpart of
ed in
Volume 1001, Page 542, of the Deed Records of Denton
County and being more particularly described as follows;
BEGINNING for the northwest corner of the tract being
described hetein at a mark found in the concrate at the
northwest corner of said Ennis Tract;
THENCE south 88°47'50" east 271,39 feet to the northeast
corner of a brick column;
THENCE south 02°14'59" west 25.82 feet to an iron pin
set in the ground on the south line of proposed Windsor
Drive;
THENCE north 88°27'27" west with the south line of said
proposed road 148,53 feet to an iron pin set in the
ground;
THENCE north 89°00'32" west with the south line of, said
proposed road 122,40 feet to an iron pin set in the
ground;
THENCE north 01°12'49" east 25,39 feet to the point of
br.ginning .
(2) That pursuant to Plaintiff's Petition for Condemnation,
said Judge appointed three disinterested freeholders of Denton
County, Texas, as Special Commissioners, who subsequently toot,
took their oaths of office, set a date of nearing before such
Commissioners, and caused notice thereof to be duly served as
prescribed by law, and that the Special Commissioners held the
hearing;
(3) That upon the hearing all parties appeared either in
person or by their attorneys, and that after the hearing, the
Special Commissioners made and rendered their decision and Award
in writing, and filed the Award with the Judge of the Court on
March 23, 1983;
(4) That by the written Award, the special Commissioners
awarded to the said Defendants the sum of Twenty-Five Thousand
and No/l00 Dollars ($25,000,00);
AdREED JUDGMENT/PAUL' 2
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(5) That the plaintiff duly and timely filed an objection
and exception to the Award of the Commissioners and caused
E Defendants to be cited accordingly,
And whereas all parties have agreed and reached a compromise
agreement that the sum of Twenty-Five Thousand and No/100
Dollars ($25,000,00) is the amount of damages to which the
Defendants are entitled by virtue of the condemration of the
land on the date the property was condemned. And upon due
consideration, the Court finds and determinea the following;
(1) That all proceedings necessary ro 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, the Court has jurisdiction of the
parties hereto and of the subject matter set forth in this case;
(2) 'that Defendants, Billy Mac Ennis and wife, Anna Pnnis,
should have and recover of and from the City of Denton,
condemnor, the sum of Twenty-Five Thousand and No/100 Dollars
($25,000.00);
(3) That Plaintiff, City of Denton, Texas in turn should
have and recover from Defendants, Billy Mac Ennis and wife, Anna
Ennis, as more specifically set forth in plaintiff's petition
for Condemnation, a fee simple title in and to the heretofore
described property;
(4) That the Plaintiff, City of Denton, did on March 30,
1983 deposit into the Registry of this Court Cho sum of
Twonty-Five Thousand and No/100 Dollars ($25,000,00) for the
use and benefit if Defendants, which amount was withdrawn from
the Registry of the Court by proper order entered by this Court,
and Defendants acknowledge receipt of the Twenty.-Five Thousand
and No/100 Dollars ($25,000,00) already paid to them by the
AGREED JUDGMENT/PA(;R 3
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[ V0I1,0~~ f'hGE
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Plaintiff, City Of Denton
al evidenced by
same from their withdrawal of
the Registry of the Court in satisfaction
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,judgment; of this
(5) That all costs of
Court incurred herein
against plaintiffs should be taxed
, which costs shall be paid only to the County
Clerk of Denton County, 'Texas.
IV.
it is therefore
ORDERED, ADJUDGED and DECREED
tiff, of Dent that plain-
City on d o have and recover from the Defendants,
»illy Diac Ennis and
I wife, Anna Ennis
foe
the heretofore-described simple title in and to
E property, situated
Denton and that Defendants have ill the County of
from and are entitled to a judgment
'he City of Denton in the ,
No1100 bollars Of Twenty-Five Thousand and
($25,000.00) for its interest 1,11 said properties
herein condemned,
V.
It is further ORDERED, ADJUDGED
sim 1e and DECREED that
p title to said heretofore described land is the fee
to and vested in the hereby dncroed
Plaintiff,
however City of Denton
, there is excluded from , ,f.Cvidad,
said estate
the oil, vested in petitioner
all gas and
afore sulphur which Can be removed fro
said without an m said land
y right whatsoever remaining to the owner of
such oil, gas and sulphur
, of ingress and egress
surface. of maid land for to and from the
the purpose of exploring, drilling,
developing or mining the sp.me.
VI,
zt is further ORDERED
ADJUDGED and DECREED that all costa
of Court be and the
same are hereby adjudged against the
Plaintiffs, which
casts shall be paid only to
of Denton the Count
County, Texas. Y Clerk ,
ACREEp JUDGMENT'/PAGE 4
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cvo~~858 rncE 1,76
RENDERED, DATED and SIGNED this _1yj day of ~~~4tnC
1986,
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COUNTY COURT' Al' LAW NO, 2
DENTON COUNTY, TEXAS
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APPROVED AS TO SUBSTANCE & FORM;
AT RNEY FOR PLAINTIFF
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STATE BAR NO, 14488500
ATTORNEY FOR AEFENDENTS
f STATE BAR NO# \\2ti~V1p`4
fiSLIMt}e fNN
yt~/l lGil.~J
A NA ENNIS
oil
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j,jn00 N l 84 lit; 1 110 mum A914111 I'my),27603 tiv)A'.11 v '16
AGREED JUDGMENT/PAGE 5 /
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JUN - Q 1986
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crrv or DENroN, r1:xAS MUNICIPAL aLilLDING / DE'NTON, TEXAS 76201 / TELE13HONP (817) 566-8200
MI MORANOUM
TO: UARLOTTE ALLEN, CITY SECRETARY
PROM1 Gay Racina, Sr, Socrotary
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GATE: June 3, 19Afi
RE Sottlimout Agroemont 4 Roleaso of All Clairis-
.._..__..Tom_Chastain
Attached hereto please find a copy of the above -reforoncod agroomont
for your Mos. Tho original is boing sent under copy of this mono
to the Personnel DopartmollLO Or riling with Mr. Chastain's records,
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cc: Legal Uopartillont
Yorsostinol Dopartinont
tiro
Attachments Sottlontont Agreoment lGhasLain)
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1446L
THE STATE OF TEXAS 5
SETTLEMENT AGREEMEN'T'
AND RuEASE Oil ALL CLAIMS
;OUNTY OF DBNTON i
ThiWe eement and Release is made and executed on the CV
day of , 1986, by and between the City of Denton,
Toxas, id for re orrod to as "City", and Tom Chastain and Nell
Chastain, husband and wife, hereinafter sometimes referred to as
"Releasors",
RECITALS
WHEREAS, Tom Chastain has been continuously employed with the
City since April 15, 1945, and has retired April 18, 1985, as
Superintendent of the Electric Production Division in the City's
Utility Dopar.tment; and
WHEREAS, during his employment with the City, hir, Chastain ties
accumulated unused vacation and compensatory hours which ontitle
him to time off with pay; and
WHEREAS, the exact amount of vacation and compensatory time to
which Mr, Chastain is entitled is in dispute due to differing in-
torpretations of the procedures for authorized compensatory time,
limitations un vacation accural and record keoping requirements
over the years involved; and
WHEREAS, the City and Releasors de3iro the( Chastain be com-
pensatod for three hundred and eight hours (308) of compensatory
time accumulated prior to calendar year July 1, 1977, P/,re PIle In consideration of the mutual covenants contained herein, the
City and Releasors agree as lollows;
1, That this Agreement is the settlement of a disputed claim
and shall not constitute any admission by the City or by Releasors
as to thu nature and extent of leave time accumulated by Mr.
Chastain to date,
2, Releasors, for themselves and their heirs, legal. roprosun-
tatives, and assigns, release and forever discharge the City,' and
its assigns, from all claims, demands, actions and causes of action
of any Ind or nature at law or in oc~uity, based upon and arising
out of Mr, Chastain's omploymont with the City, Th1s release
applies to all past and existing claims, including, without limits-
tions, all rights of Releasors to claim additional compensation
from accrued vacation leave and compensatory time,
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IN WITNESS WHEREOF, the parties have executed this Release
and settlement. Agreement at the city of Denton, Texas, the day i
and year first above written,
OM CiiAS'TAIn, R ~L SOR L iAS AIN, 416hAZOR
CITY OF DENTON, TPXAS
B Y t
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CITY MANAGER
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THE STATE OF TEXAS S
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COUNTY OF DHNTON i
On this 1 day of 4iw„V__.+ , 15Ab, before Ame,
IN
tite undersigned Notary PuUliiiiic, 1~rsonaTly appeared TOM CIiAST
AND NELL CiIASTAIN, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons whose namos are
subscribed to tho foregoing instrument, and acknowledged to [ne
that they executed the same fur the purposes and consideration
therein expressed,
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{ WITNESS nay hand and official seal,
I0 7
THE STATE 01: T HAS S
COUNTY Of' DENTON S
1 Oh this day of 1581, bofore me,
the undersign~edT ota'y C'u c, pOrsonaf y appeared LLOYD V.
HARRELL, personally known to me to be the person who executed
tile within instrument as City Manage of the City of Denton,
Texas, on behalf of said Municipal Corporation,
IV17'NfiSS my hand. and official seal,
NOTARY 'UfiLIC, STA'['E 0[+ 'PEXAS
SETTLEMENT AGREEMENT AND RELEASE Oil ALL CLAIMS/PAGE 2 Oil 2
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j O F:CCE OIL' 'I.'III GI'VY A'V'rORNI!.Y
MEMORANDUM
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T0: Jonnifer Walters, Acting City Secretary
HRb11: Debra A. Drayovitch, City Attorney
l SUBJECT; Release and Settlement Agreement--Darlene Whitten
DATE: January 10, 1987
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Attached is the original of the above-roEorenced release.
Please file in the official records of the City of Denton.
3hould you have any questions relative to same, please advise.
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DEBRA A. D alb
A 'fT c 14
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14231,
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TEL' STATE OF TEXAS §
RELEASE AND SETTLEMENT AGREEMENT
COUN'T'Y OIL DINTON S
This Agreement and Reloaso is made and executed on the 28th
day of July, 1986, by and between the City of Denton, Texas,
hereinafter referred to as "City" and Darlene Whitten hereinafter
referred to as "Whitten";
RECITALS
it
WHEREAS, Darlene Whitten served as Assistant Municipal Court
3 Judge for city from October 1, 198d to August 8, 1985; and
WHEREAS, there have arisen certain disputes concerning the
amount of compensation due Whitten under the terms of such
employment; and
WHEREAS, both parties hereto wish to reach a full and final
settlement of all matters and all causes of action arising out
of the facts and claim as hereinabovo set forth;
NOW, THEREPORB, the parties hereto, in consideration of the
mutual, covenants and agreements to be performed, as hereinafter
set forth, agree as follows:
1. Ci~y agrees to pay to Whitton the sum of Three
Thousand Four Hundred and Forty-five Dollars
($3,445.00) on execution of this Agreement, in
consideration of which Whitten agrees that all
matters arising out of her claim for additional
monies for employment will be and hereby are,
finally compromised and settled.
2. The parties agree that the terms of this compromise
settlement agreement bind the parties hereto, their
heirs, executors, administrators and assigns.
3. Whitten, for herself and her heirs, legal
representatives, and assigns, releases and forever
discharges the city, and its assigns, from all
claims, demands, actions and causes of action of any
} kind or nature at law or in equity, based upon and
arising out of her contracts and work done with the
City and/or based upon her relationship with the
City and its agents,_ officers and/or employees.
i This release applies to all past and existing
claims, including, without limitation, all rights of
Whitten to claim additional compensation.
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IN WITNESS WHEREOF, the parties have executed this Release
and Settlement Agreement at the City of Denton, Texas, the day
and year first above written, '
CITY ON DENTON, TEXAS
II)ALF 4111 TfDN
11 Y(~ OY HA Ri,LL ZV~ 1 CITY MANAGER
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THE STATE Oil TEXAS §
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COUNTY Oil DENTON §
Before me, the undersigned authority, on this day }personally
appeared Darlene Whitten, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that she executed tLe same for the purposes and conside-
ration therein expressed,
Given under my hand and seal this d day of
1986,
NOTA11 YUULI
STATE 011 TEXAS
My Commission expiros: ~-cylr
~,t17•
f \Yl~4rJ OAROLYN OAMZf3R
NbllryPUbllo.SillAOfXLIN~pb
~ ~~~~~~.ip. My dEMlnlif!Ctt ExplfH
RELEASE AND SETTLENIMT AGRIsflMflNT/YAG13 TWO
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THE STATE OF TEXAS $
y COUNTY OF DENTON 5
Before me, the undersigned authority, on this day personally
appeared Lloyd V, Harrell, City Manager of the City of Denton,
Texas, known to me to be the person and officer chose name is
subscribed to the foregoing instrument, and acknowledged to me
that lie executed the same on behalf of tiro City of Denton, Texas,
Given under my hand and seal this le day of
1986. B k1l
STATE OF TEXAS
My Commission oxpirosi
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IMIAME AND SETTLEMENT AGRIMMliNT/PAGES THREE
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