1993-0756:\settLe.o
ORDINANCE NO. 41,25 ,
NOTE: EASEMENT FILED WITH THE COUNTY IS ATTACHED TO THIS ORIGINAL ORDINANCE.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF ALL CLAIMS IN THE
MATTER OF A CLAIM AGAINST THE CITY OF DENTON FOR AN EASEMENT; AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Release of All Claims in the dispute arising from a
utility easement by Charline S. Rodgers, providing for the settle-
ment and compromise of the claim now pending against the City of
Denton as set forth in the Release of All Claims attached hereto.
SECTION II. That the City Council hereby authorizes the ex-
penditure of funds not to exceed Twelve Thousand ($12,000) Dollars.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BOB CASTLEBERRY,
APMOVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
THE STATE OF TEXAS §
COUNTY OF DENTON §
RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Twelve Thousand Dollars
($12,000) in hand paid this day by check, the receipt and
sufficiency of which is hereby acknowledged, Charline S. Rodgers
("Rodgers") does hereby release, acquit, and forever discharge the
City of Denton, Texas ("Denton"), its elected officials, agents,
employees, insurers, and attorneys of and from any and all actions,
causes of action, claims (including subrogation claims), demands,
liabilities, obligations, costs, expenses and damages of any kind
whatsoever, whether based in common law, contract, warranty or
tort, or upon constitutional or statutory rights, including, but
not limited to, court costs, attorneys fees, damage to reputation,
pain and suffering, grief, bereavement, loss of consortium and
companionship, mental anguish, loss of earning capacity, loss of
profits, damage to and taking of property, court costs, attorneys
fees, loss of services, actual, punitive and exemplary damages, and
all other damages, whether known or unknown, and whether heretofore
asserted or not, resulting or to result from, or in any manner
related to trespass to land or chattels or conversions committed by
the City of Denton, its officers, agents or employees, relating to
or otherwise connected with certain real property located at 1701
Fort Worth Drive, Denton, Denton County, Texas (the "Property"),
and occurring prior to the date of this agreement, and more
specifically described as mislocation of Denton's power lines over
Release of all Claims/Page 1
the Property, cutting, trimming, damaging or destroying trees
located on the Property, entering onto the Property without prior
authorization, and channelling, dredging, or excavating soil on the
Property without authorization; and Rodgers does hereby agree to
indemnify and save harmless said City of Denton, Texas, its elected
officials, agents, employees, attorneys and insurers, of and from
all further claims, including subrogation claims, demands, costs or
expenses arising out of the injuries and damages sustained by her
as a result of said events, whether or not included in a claim for
damages. The undersigned understands and agrees that the amount
paid under this agreement is in full satisfaction of all damages
arising on account of the above described events, and that she will
receive no further sums of money from the City of Denton, Texas,
its elected officials, agents, employees, attorneys and insurers as
a result of these events.
In further consideration of the payments made by the City of
Denton, Texas, Charline S. Rodgers, expressly warrants and
represents that no assignment, pledge, sale or transfer of any
right, title, interest or claim which is released herein has been
made, except to counsel approving this Release. Rodgers further
agrees to indemnify and hold harmless the City of Denton, Texas,
its elected officials, agents, employees, insurers and attorneys
from any claims or causes of action brought by persons or entities
claiming a right, title, interest or claim in the matters herein
released.
It is expressly warranted by Rodgers that no promise or in-
Release of all Claims/Page 2
ducement has been offered except as herein set forth; that this
Release is executed without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, concerning the nature and extent of the injuries, damages
and/or legal liability therefor; that acceptance of the considera-
tion set forth herein is in full accord and satisfaction of a dis-
puted claim for which liability is expressly denied.
This document contains the entire agreement of the parties
hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS.
WITNESS our hands this the day of 1993.
U
CITY OF DENTON, TEXAS
APPROVED:
JERRY E. DRAKE,
ASSISTANT CIT ATTORNEY
CITY OF DEN N, TEXAS
By 7~-~ R LL
LL YD V. HARRELL
CITY MANAGER
CHARLINE S. RODGER°'
APPROVED:
R HARD D. HAYES
ATTORNEY FOR CHARLINE S. RODGERS
Release of all Claims/Page 3
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Lloyd V. Harrell,
known to me to be the person who executed the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed; that he executed the same as
his free and voluntary act and deed after having it fully explained
to him, and after having read it fully, and after realizing the
effect thereof to be a mutual release between the City of Denton,
Texas and Charline S. Rodgers, for the limited matter or thing
dealt with in the foregoing instrument; and that the same was
executed by him without any threat, force, fraud, duress, or
representation of any kind by any person whomsoever; and that he
had the legal authority to bind the City of Denton, Texas to such
an agreement; and that at the time of execution of the release,
Lloyd V. Harrell was completely sober, sane, and capable of under-
standing the character of his acts and deeds and was in complete
charge of all of his faculties and capable of executing this
instrument and of understanding the significance of his acts.
IVEN under my hand and seal of office this the /0 day of
1993.
fate of
ELIZABETH J. WlLLUVMS ota Public, Texas
W WMISSiou OMMES
May 18,1897
Release of all Claims/Page 4
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Charline S.
Rodgers, known to me to be the person who executed the foregoing
instrument and acknowledged to me that she executed the same for
the purposes and consideration therein expressed; that she executed
the same as her free and voluntary act and deed after having it
fully explained to her, and after having read it fully, and after
realizing the effect thereof to be a mutual release between the
City of Denton, Texas and Charline S. Rodgers, for the limited
matter or thing dealt with in the foregoing instrument; and that
the same was executed by her without any threat, force, fraud,
duress, or representation of any kind by any person whomsoever; and
that at the time of execution of the release, Charline S. Rodgers
was completely sober, sane, and capable of understanding the
character of her acts and deeds and was in complete charge of all
of her faculties and capable of executing this instrument and of
understanding the significance of her acts.
GIVEN under my hand and seal of office this the day of
1993.
r... ~ " NARY PUBLIC ~Enlitlk OQ/E
State of Texas No tar y bl' State of Texas
Comm. Exp. 02.21 44 Y
Release of all Claims/Page 5
EASEMENT
THE STATE OF TEXAS, S
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
THAT Charline S. Rodgers of Denton County, Texas, in conside-
ration of the sum of one dollar ($1.00) and no cents and other good
and valuable consideration in hand paid by the City of Denton,
Texas receipt of which is hereby acknowledged, do by these presents
grant, bargain, sell and convey unto the City of Denton, Texas, an
electrical utility easement as further described below, upon and
across the following described property, owned by her situated in
Denton County, Texas in the William Daniel Survey, Abstract No.
378.
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the William Daniel Survey A-378 and also being a
part of a tract shown by deed to Addie Scripture recorded in Volume
350, Page 72 Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at the northwest corner of said Scripture tract and in
the Eastern right-of-way of State Highway 377;
THENCE south 40 38' 02" west with said right-of-way 37.7 feet to an
iron pin set at an angle point in the right-of-way;
THENCE south 30 04' 45" east with said right-of-way 171.4 feet to
the southwest corner of a tract shown by deed to Addie Scripture
recorded in Volume 356, Page 20 Deed Records;
THENCE east a distance of 6.77 feet to a point for corner;
THENCE north 20 54' 37" west a distance of 209.0 feet to a point in
the north line of the first mentioned Scripture Deed;
THENCE west a distance of 2.32 feet to the Point of Beginning and
containing 0.0317 acres of land.
And it is further agreed that the said City of Denton, Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other obstruc-
tions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining overhead electric lines in,
along, upon and across said premises, with the right and privilege
at all times of the grantee herein, his or its agents; employees,
workmen and representatives having ingress, egress, and regress in,
along upon and across said premises for the purpose of making
additions to, improvements on and repairs to the said overhead
electric facilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this the day of a, 1993.
J-` O
CHARLINE S. RODGE S
THE STATE OF TEXAS S
COUNTY OF DENTON S
This in trument was acknowledged before me on this the
day of g , 1993 by Charline S. Rodgers.
KENNA STORM _ (4/AI,40- NOTARY PUBLIC ,Cl~~
' Nom/ State of Texas
Comm. Exp. 02-2694 NOT Y P L C, STATE OF TEXAS
My commission Expires:
Accepted this day of
Denton, Texas (Resolution No. 91-073).
1993 for the City of
ROG N. WILKINSON
RIGHT-OF-WAY AGENT
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Filed for Record in:
DONTON COUNTY, TX
HiyNORABLE TIM HODGES
/COUNTY CLERK
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THE STATE OF TEXAS,
COUNTY OF DENTON
§ KNOW ALL MEN BY THESE PRESENTS:
§
That the City of Denton, Texas, in consideration for the easement given to
them, receipt of which is hereby acknowledged, will purchase and plant five
Bradford pear trees for Charline S. Rodgers at 1701 Fort Worth Drive, Texas
76201. Also, the City of Denton will remove all damaged trees that are within the
easement.
And it is further agreed that the trees to be planted shall be 5 to 7 feet in
height. The trees shall be planted no closer than 20 feet to any overhead electrical
power line. The trees shall be planted within 30 days of this signing. In the event
any trees shall die within six months after the day they were planted, at no fault
of Charline Rodgers or her tenants, the City shall replant another similar tree(s).
Witness my hand, this the day of 1993.
C ARLINE S. RODGE S CITY OF DENTON
AM TO .Ms,=_~MNI-s 7 z 4- Q 3
EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Charline S. Rodgers of Denton County, Texas, in conside-
ration of the sum of one dollar ($1.00) and no cents and other good
and valuable consideration in hand paid by the City of Denton,
Texas receipt of which is hereby acknowledged, do by these presents
grant, bargain, sell and convey unto the City of Denton, Texas, an
electrical utility easement as further described below, upon and
across the following described property, owned by her situated in
Denton County, Texas in the William Daniel Survey, Abstract No.
378.
ALL that certain lot, tract, or parcel of land situated in Denton
County, Texas in the William Daniel Survey A-378 and also being a
part of a tract shown by deed to Addie Scripture recorded in Volume
350, Page 72 Deed Records of Denton County, Texas and being more
particularly described as follows:
BEGINNING at the northwest corner of said Scripture tract and in
the Eastern right-of-way of State Highway 377;
THENCE south 40 38' 02" west with said right-of-way 37.7 feet to an
iron pin set at an angle point in the right-of-way;
THENCE south 30 04' 45" east with said right-of-way 171.4 feet to
the southwest corner of a tract shown by deed 'to Addie Scripture
recorded in Volume 356, Page 20 Deed Records;
THENCE east a distance of 6.77 feet to a point for corner;
THENCE north 20 54' 37" west a distance of 209.0 feet to a point in
the north line of the first mentioned Scripture Deed;
THENCE west a distance of 2.32 feet to the Point of Beginning and
containing 0.0317 acres of land.
And it is further agreed that the said City of Denton, Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other obstruc-
tions as may now be found upon said property.
For the purpose of constructing, reconstructing, installing,
repairing, and perpetually maintaining overhead electric lines in,
along, upon and across said premises, with the right and privilege
at all times of the grantee herein, his or its agents, employees,
workmen and representatives having ingress, egress, and regress in,
along upon and across said premises for the purpose of making
additions to, improvements on and repairs to the said overhead
electric facilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this the day of , 1993.
CHARLINE S. RODGE S
THE STATE OF TEXAS S
COUNTY OF DENTON S
This in trument was acknowledged before me on this the
day of 91, 1993 by Charline S. Rodgers.
KENNA STORIE
NOTARY PUE ~/A/fI p,Cl~
State of Texas
s. E`; w Comm. Exp.022694 NOTARY P L C, STATE OF TEXAS
My Commission Expires:
Accepted this /7 day of ~~ne
Denton, Texas (Resolution No. 91-073).
1993 for the City of
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DEtliCN CCUiyT Y, TEXAS • •
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Filed for Record in:
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DENTON COUNTY, TX
HONORABLE TIM HODGES
/COUNTY CLERK
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Number: 93-RO03a2ee
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