The URL can be used to link to this page

Home My WebLink About1988 COMPROMISE & SETTLEMENT AGREEMENT i .2242L, E7EAL PROYERT f itEC;ORUS Al ' 't! u, 0 4F -10 DEN' NO. 83-2018-C 49974 cn `4E~ 6 IN THE DISTRICT COU J TEX MARTIN, ET AL r 211TH JUDICIAL DISTRICT VS. TEXAS _ DENTON COUNTY, CITY OF DENTON, ET AL i~ JUDGMENT i ~ lggg, came to be heard for trial On the 25th day of January, i the above-entitled and numbered cause and the Plaintiffs, TEX 1 BILL FRANK ~ JESSIE MABLE ANNEAR, R. D. MARTIN, hiORGAN MARTIN, t MARTIN, JERRY RAY MARTIN, CLYDE MILTON MARTIN, and AGNES LEE DEAN torney of record and NALL, appeared in person and by at announced and Defendant, CITY OF DENTON, appeared in i ready for trial, for trial attorney of record and announced ready person and by consisting of ing been previously demanded, a jury r I a jury hav and twelve good and lawful jurors was duly empaneled and the case proceeded to trial. 1. From the papers filed #n this cause, and the evidence intro- ' i duced upon the trial of this causo, the Court finds: Title, l. That Plaintiffs brought a Trespass to Try and Request for Injunctive Relief against Judgment, Declaratory Defendant for the title, occupancy, and use of the real property hereinafter described. on behalf of 2. That Defendant filed its answer asserting, its claim to the title, right, and interest in the the public, I I ~J J ` . u .02935 Q~35?_?_ Public street by reason of hereinafter described property as a P the public for the implied dedication and by prescriptive use by required statutory period of time. of July, 1983, plaintiffs 3. That on or about the 12th day { pursuant to the plaintiffs' request for injunctive and anZ Defendant, a Sti ulation, filed in this cause relief, entered into P reby Defendant paid into the registry Court, by the whe five F of the Court the sum of iourteen Thousand Six Hundred Thirty-five Cents ($14,635.50), which amount was withdrawn ~ Dollars and Fifty possession by the Plaintiffs, to allow Defendant to enter and take for the purposes of of the hereinafter described a determination of the claims i making street improvements, pending rights, and interest f, of the parties as to their respective title, in said property. 4. That upon the evidence submitted in the trial Of this cause and with the consent of the parties, the jury was submitted respective claims, title, and special issues upon the parties' interest in the following described real property: the B.B.B. & All that certain tract Abstract BNumber d186, in the Cit of land of Denton, y C.A.R. Company Survey, Texas and being Par Denton County, Martin to Roy D. Page 215 of the Deed tract described in the Deed from. Martin r,~curded 4160 Records of DentoniCounty,m Texas; the subject tract being more particularly described as follows: he t t BEGINNING for the Southeast corner of the tract rac described herein at the Southwest Lee Her Nallhe tract described in the Deed from Agnes Dean page 632 to the City of Denton recorded in Volume 11989 JUDGMENT/PAGE 2 t W-Nunn NL293,5 P0523 of the said Deed Records; the said point being in Old Sanger Road, now known as Windsor Drive; THENCE North 88 degrees 11 minutes 56 seconds West along Old Sanger Road with the South line of the said Martin Tract a distance of 541.61 feet to the Southeast corner of the tract described in the Deed from Van Cattle Yards, Inc. to the City of Denton recorded in Volume 1151, Page 548 of the said Deed Records; 1 THENCE North 01 degrees 43 minutes 25 seconds East with the East line of the last mentioned tract a distance of 16.77 feet to a 1/2 inch square iron pin found at the Northeast corner thereof in the North right-of-way of 1 Windsor Drive the said iron pin being about 1.0 feet south of the remains of an old fence corner in the North line of Old Sanger Road, as occupied; I THENCE South 88 degrees 50 minutes 02 seconds East cross- ing the said Martin Tract with the general course of an old fence along the North line of Old Sanger Road, as occupied, a distance of 239.41 feet to an 172 inch iron rod set at an angle point just South of a 6 inch boil d' arc fence corner post; THENCE South 88 degrees 09 minutes 35 seconds East continuing with the said fence and the North line of Old Sanger Road, as occupied, a distance of 302.13 feet to an iron rod set for the Northwest corner of the above mentioned Nall Tract in the North right-of-way line of Windsor Drive; THENCE South 01 degrees 29 minutes 28 seconds west with the West line of tha said tract a distance of 19.21 feet co the PLACE OF BEGINNNG and enclosing 0.233 of an acre of land. r II. Thereupon, came the jury composed of good and lawful men and women, and who, being truly tested, qualified, empaneled and sworn, heard the evidence and argument of counsel, and after due deliberation, the jury reached a verdict in answer to the Special Issues submitted to them by the Court as follows: JUDGMENT/PAGE 3 I 1 • I ~ r ('Q12935 F6)5?.i~ ANSWER SPECIAL ISSUE NO. 1 SPECIAL ISSUE NO. 1 What do you find from'a preponderance of the evidence was the market value, in July, 1983, of the 0.233 acres of land (10 193.04 square feet of land) considered as several land ANSWER IN DOLLARS AND CENTS 4NSWER: $43586.87 ANSWER SPECIAL ISSUE NO. 2 SPECIAL ISSUE NO. 2 From a preponderance of the evidence, what do you find to be the market value of the Plaintiffs' remaining 11.288 J acres (491 661.72 square feet of land) immediately before July, 1983' ANSWER IN DOLLARS AND CENTS, ANSWER: $221,247.77 , s ANSWER SPECIAL ISSUE NO. 3 SPECIAL. ISSUE NO. 3 , Excluding increases in value, if any, and decrease in value, if any, by reason of benefits or injuries received by Plaintiffs in common with the community generally and not special to thee: and connected with their ownership, use, and enjoyment of the 11.288 acre tract, and taking into consideration the uses to which said tract has been subjected, what do you find by a preponderance of the evidence is the market value of the Plaintiffs' remaining 11.288 acres of land (491,661.72 square feet of land) immediately after the 0.233 acres of land (10,193.04 s uare feet of land) was used for street purposes in July oq 1983? ^ JUDGMENT/PAGE 4 r T a' a. t '1012935 FG3525 ANSWER IN DOLLARS AND CENTS ANSWER: $221,241.77 ANSWER SPECIAL ISSUE NO. 4 SPECIAL ISSUE N0. 4 Do you find from a preponderance of the evidence that all of the 0.233 acres of land (100193.04 square feet of land) was acquired by the public through implied dedica- tion for street purposes? i ANSWER: "We do" or "We do not" ANSWER: We do ANSWER SPECIAL ISSUE NO. 5 SPECIAL. ISSUE NO. 5 i Do you find from a preponderance of the evidence that all of the 0.233 acres of land (10,193.04 square feet of ! land) was acquired by the public through prescription for street purposes? ANSWER: "We do" or "we do not" ANSWER: We do ANSWER SPECIAL ISSUE NO. 6 SPECIAL ISSUE NO. 6 By a preponderance of the evidence, what attorney's fee, if any, should be awarded the Plaintiffs attorneys? ANSWER IN DOLLARS AND CENTS ANSWER: $0.00 JUDGMENT/PAGE 5 I 1 r `J °i-at2935 P6,35?6 Said verdict was received and filed in the papers of the case was duly eeceived by the court and was filed and and such finding and the Court is entered of record on the minutes of said Court, of the opinion that Judgment should be rendered thereon. III. g to the court and the Court finds from the record, it appearin the evidence, and the findings of the jury: vest this Court with { 1. That all proceedings necessary arties of this cause have ? jurisdiction of the subject matter and p required by law been instituted, maintained and complied with as and that this court has jurisdiction of the parties hereto and of the subject matter set forth in this case. and the jury's answer evidence, 2. That from the pleadings, of Penton, had 4, the Defendant, City to Special Issue No• ublic, a permanent . ac uired by implied dedication to the p q erty herein described. easement for street purposes in the proP evidence, and the jury's answer 3. That from the pleadings, the Defendant, City of Denton had to Special Issue No• 5' a ermanent easement acquired by prescriptive use by the public, P for street purposes in the property herein described. +a answer to Special Issue No. 4 4. That by reason of the jury and Special Issue No• S$ the jury's answer to Special Issues No. 1, 2, and 3, submitted in response to Defendant's alternative nr 3DDGMENT/PAGE 6 I j AL2935 P0527 • 1 ' I counterclaim for condemnation of the property herein described, ; 1 are immaterial and should be disregarded. 5. That Defendant, City of Denton, in order to take immediate ' i possession and control of the property in question, did on July 161 1983, deposit into the registry of this Court the sum of j Fourteen Thousand Six Hundred Thirty-five Dollars and Fifty Cents ($14,635.50), for the use and benefit of Plaintiffs, which amount was withdrawn by the Plaintiffs. i 6. That from the pleading, evidence, and the jury's verdict, Defendant is entitled to recover from Plaintiffs the Fourteen Thousand Six Hundred Thirty-five Dollars and Fifty Cents t ($14,635.50) paid into the registry of the Court and withdrawn by the Plaintiffs, together with interest on said sun at the rate of nine percent (9x) per annum from the date of withdrawal to the date of payment of said amount. 7. That all costs of ,Court incurred herein should be taxed against the Plaintiffs. IV. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plain- tiffs, TEX MORGAN MARTIN, JESSIE MABLE ANNEAR, R. D. MARTIN, HILL FRANK MARTIN, JERRY RAY MARTIN, CLYDE MILTON MARTIN, and AGNES LEE-DEAN NALL, should take nothing by this suit. vot. JUDGMENT/PAGE 7 i } 1 'rR2935 P0528 V. IT IS FURTHER ORDERED,' ADJUDGED, AND DECREED that the Defen- do have and rPCOVer of and from the Plain- dent, CITY OF DENTON, R. D. MARTIN, BILL i tiffs, TEX MORGAN MARTIN, JESSIE MABLE ANN P JERRY RAY MARTIN, CLYDE MILTON MARTI FRANK MARTIN, N, and AGNES oses in and a ermanent easement for street purp to LEE DEAN NALL, p 1 the following described property: Numbated inathr~ of the in the City tract situ er 186, i All that certain Surveyt of Absland B C.R.R. Company Texas and being P4 D. of Denton, Denton County, Martin to Roy Luc tract described iin t Volumed 416,s page 215 of the Deed Martin recorded Texas; the subject tract being Records of Denton Countyp described as follows: I more particularly ' BEGINNING for the Southeast corner of the tract being tract corner Dean of Nall, the et vir t described herein at the Southwest Lee described in the Deed from Agnes pa 632 to the City of Denton recorded said Volume 11980 in n old of the said Deed Records; the point being Sanger Road, now known as Windsor Drive; THENCE North 88 degrees 11Sminutes 56 of cthe ondssWestMartinalong old Sanger Road with the the Southeast corner ofatheatract described in theeDeedofr of 1.61 Inc . to the City om Van Cattle Yapage ° of Denton recorded in Volume 1151, 548 of the said Deed Records; THENCE North 01 degrees 43 minutes 25 seconds East with the East line of the last mentioned tract a distance o 16.77 ort feet to s 1/2 inch square iron pin about found 1.0 at t N feet Northeast corner thereof in t being right-of-way Of Windsor Drive the said iron pin south oftdeSremains of an old fence corner in the North old line o THEN the said Ma tin Tract with tthe0 gener 1 course cross- san ing r+r' JUDGMENT/PACE 8 ' X2935 PG0529 old fence along the North line of old Sanger Road, as 1/2 inch occupied, a distance point just South of 8a 6 inch boisrdt' rod set at an angle are fence corner post;- , THENCE South LIS degrees 09 minutes 35 seconds East continuing with L`e said fe8cedi tancee ofor302113 efeetOto Sanger Road, as occupied, the Northwest corner of an iron rod set for mentioned Nall Tract in the North fight of way Kline oof ' Windsor Drive; s 29 minutes 28 seconds West with THENCE South 01 degree the West line of the said tract a distance of 19.21 feet to the PLACE OF BEGINNING and enclosing 0.233 of an acre , of land. 1 Vi. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the perma- nent easement to said heretofore described land is hereby decreed to and vested in the Defendant, CITY OF DENTON. VII. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Defendant CITY OF DENTON, do have and recover of and from the Plaintiffs, TEX MORGAN MARTIN, JESSIE MABLE ANNEAR, R BILL FRANK MARTIN, JERRY RAY MARTIN, CLYDE MILTON MARTIN, and and the said Plaintiffs be and they are AGNES LEE DEAN HALL, the sus of hereby directed to pay to Defendant, CITY OF DENTON, Fourteen Thousand Six Hundred Thirty-five Dollars and Fifty Cents ($14,635.50), which was previously deposited in the registry of the Court and withdrawn by Plaintiffs, together with interest on said sum at the rate of nine percent (9x) per annum, from the 16th day of July, 1983, to the date of payment of said amount. 17 JUDGMENT/PAGE 9 I 1 2935 PC'530 ' VIII. IT IS FURTHER ORDERED; ADJUDGED, AND DECREED that all costs of Court expended or incurred in thie cause be and they are J hereby taxed against Plaintiffs, TEX MORGAN MARTIN, JESSIE AtpJiLE ANNEAR; R. D. MARTIN, BILL FRANK MARTIN, JERRY RAY MARTIN, CLYDE MILTON MARTIN, and AGNES LEE DEAN NALL, which costs shall be paid to the District Clerk of Denton County, Texas. All other relief not expressly grante herein is denied. SIGNED this the vrday 1988, 1 l . E RESIDING E P 9 APPROVED AS TO FORM: , j,0A D. MORRIS ORNEY FOR DEFENDANT HMY H Cr 'RT1F1 r Cu t«Ey BOB SCOFIELD pscriet ; ' ATTORNEYS FOR PLAINTIFFS Tad uiY -Ift 702 VI* 18?~ JUDGMENT/PACE 10 1 I 1 AL2935 P63531 sit tY=_x c~ fir, x ^ : S _ lD sit N C) t' 1 P 1 •V ~ ~SS - ~i ~ O f A r rill 1 11 I ~ 1 1 n, LT rt~ Y 1~ / E. FFr r. 3 , 4 I. O ac ~ N