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1994-033b: \pot ter\judgappr .o 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, Marqaret 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 of ~/~~, 1994. JENNIFER WALTERS, CITY SECRETARY DA%B'RAA. DRAYOVITCH, CITY ATTORNEY 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 On this the /~ day of ~A , 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 Noel00 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 /0 day of ~A~k , 1994. JUDGE PRESIDING COUNTY COURT AT LAW NO. 3 DENTON COUNTY, TEXAS Judgment/Page 2 APPROVED: BUCEK ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS ~IKE GRIFFIN, ATTORNEY F~R JOHN W. PORTER AND WIFE, MARGARET G. PORTER Judgment/Page AAA010CD No. CV-92-00522-C CITY OF DENTON, § PLAINTIFF § CONDEMNATION PROCEEDINGS VS. § FILED WITH THE JUDGE OF § THE COUNTY cOURT AT LAW JOHN W. PORTER AND WIFE, § NO. 3 IN AND FOR MARGARET G. PORTER, § DENTON cOUNTY, TEXAS DEFENDANTS AWARD OF SPECIAL COMMISSIONERS ~ .On the day of ~-~:-~.~/_ , 1993 , came 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: ! b. Diminution of the value of the remainder by reason of the severance, if applicable, of $ ~ ~ ; c. Total damages that will accrue to Defendants as a result of this condemnation; $ )~,'~ 00 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 date of $ 7~ (including court filing fees, and the expense of serving notice upon the Defendants) and the reasonable i Commissioners to be set by the Court, against fees of the Spec ~ ~.~ ~£~ ~/~ (City of D~n~r Do~ 71)for the C%~ provided by law. .~A-- ~ / // reasons CO~O~R ~ITH ~RSB~ ~ ~ ~[SSIONER~ HOLT CO~ISSIONER D~ T~ELL The foregoing award was filed with me on the ~x/fJ '- day of ~UDGE PRES lq~ING EXHIBIT "A" FI~,n NOTES ALL ~hat c~%~ein lot, tract, or parcel of land situated in Denton County, Ta~ae and being part of the William Wilburn Survey A-1419 and also par~ of a tract dated September 27, 1991 from L.R. Downs and wife Sue Mlngo 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= 8EGXNNING at the northwest corner of "Tract II" show~ by deed to the City of Denton, Texas, recorded in VoluLe 871, Page 142 Deed Recorda~ THENCE north 6' 10' 41" west a distance of 504.41 feet to a point for a cornar~ THENCE south 88' 35, 51" east a distance of 916.54 feet to the canter line of Maech Branch Road~ THENCE south 1' 24' 09" wast with the center of Maach Branch Road 100.0 feet to the nor~heaat corner of #Tract III" of said City of Denton tract~ THENCE north 89' 35' 51" wear with the north line of said "Trac~ III" 50.0 feat to the northweat corner of #Trac~c III#~ THENCE south 1' 24' 09" wast with the loat easterly wear line of "Tract III" 400.0 feet to the nor~heaat co,nar of said "Tract II#~ THENCE north 88' 35' 51" west with the north line of "Tract II" 900.0 feet to the Point of Beginning and containing 9.679 acres of land. AEE00015 Guaranty Company 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, or failure 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. Title Resources Guaranty Company 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 INSUIL4.NCE (Form T-i) Policy Amount $13,793.00 (Not applicable for improved one-to-four family residential real estate) Proposed Insured: CITY OF DENTON (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE Policy Amount $ ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Proposed Insured: (e) MORTGAGEE POLICY OF TITLE INSURANCE Policy Amount $ Proposed Insured: Proposed Borrower: (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, ,t,~,,the City of Denton, Texas, and being more particularly described on Exhibit attached hereto and made a part hereof for all purposes. This Commitment valid only if Insuring Provisions Page of Pages Revised J an uary--~'~;[', 1993 Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. Title Resources Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B EXCEPTIONS FROM COVERAGE GF 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 fee 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 perinnlal 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 the lien document described in SCHEDULE A if the land is part of the homestead of the owner. (Applies to Mortgagee 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. Ri hts of third parties, if any, with respect to any portion of the subject b, n~g~n~rtv which lies within the boundaries of a public or private road. (May ~v~l~e~"~r"d~leted upon approval of current survey.) This Commitment valid only if insuring Provisions Page of~ Pages Revised January 1, 1993 Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. Title Resources Guaranty Company COMMITMENT FOR TITLE INSURANCE SCHEDULE B (Continued) NUMBER: 94101189 c. Easement to TEXAS POWER AND LIGHT COMPANY, filed November 10, 1944, recorded in Volume 208, Page 595, Deed Records of Denton County, Texas. d. Lis Pendens filed October 21, 1992 recorded in Volume 3354, Page 714, Real Property Records of Denton County, Texas. in suit cause no. CV-92-00522-C, styled CITY OF DENTON vs. JOHN W. PORTER etux. e. Undivided 1/2 interest in Oil, Gas, and other Minerals described in instrument filed January 31, 1982 recorded in Volume 1191, Page 521, Deed Records of Denton County, Texas. This Commitment valid only if Insuring Provisions Page of~ Pages Revised January 1, 1993 Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. 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. 5. 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 2071, Page 164, Real Property Records of Denton County, Texas, securing a 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. 6. 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. authori zing this transaction. This Commitment valid only if Insuring Provisions Page of Pages Revised 3anua~"~-, 1993 Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. 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 settlemen~ 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: $59.09 will be paid to the policy issuing Title insurance Company; $155.50 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 For Services $ 96.41 TITLE RESOURCES GUARANTY COMPANY 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., d/b/a 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 AIIred DIRECTORS: Robert E. Philo, Jr.; Lyda Bunker Hunt AIIred; Alfred L. AIIred; 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 This Commitment valid only if Insuring Provisions Page of Pages Revised J an ua-"'~'~'~, 1993 Commitment to Insure For Use in the State of Texas and Schedules A, B, C and D are attached. Exhibit A Ail 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 JOtIN 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 e 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 il 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. ~0zgL XJ~ uoluofi s.xoj~ 'uo~uofi jO'A~!D 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 writihg, 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 AVISO IMPORTANTE FOR INFORMATION, OR PARA INFORMACl0N, O TO MAKE A COMPLAINT PARA SOMETER UNA QUEJA CALL OUR TOLL-FREE TELEPHONE NUMBER LLAME AL NUMERO GRATIS 1-800-526-8018 1-800-526-8018 ALSO TAMBIEN YOU MAY CONTACT PUEDE COMUNICARSE CON THE TEXAS DEPARTMENT EL DEPARTAMENTO DE SEGUROS OF INSURANCE AT DE TEXAS AL 1-800-252-3439 1-800-252-3439 to obtain information on: para obtener informacibn sobre: 1. filing a complaint against an insurance 1. como someter una queja en contra de una company or agent, compahla de seguros o agente de seguros, 2. whether an insurance company or agent 2. si una compahia de seguros o agente de is licensed, seguros tiene licencia, 3. complaints received against an insurance 3. quejas recibidas en contra de una compahla company or agent, de seguros o agente de seguros, 4. policyholder rights, and 4. los derechos del asegurado, y 5. a list of consumer publications and services 5. una lista de publicaci6nes y servicios para available through the Department. consumidores disponibles a trav~s del Departmento. YOU MAY ALSO WRITE TO TAMBIEN PUEDE ESCRIBIR AL THE TEXAS DEPARTMENT OF INSURANCE DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 FAX NO. (512) 475-1771