1993-042b:\cole\judgappr.ord
ORDINANCE NO. ?3-OA-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO APPROVE THE PROPOSED JUDGMENT IN CITY OF DENTON VS.
M.T. COLE TRUST NUMBER ONE RELATING TO THE EXTENSION OF THE RUNWAY
AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the M.T. Cole Trust Number One through its co-trustees
has 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-92-00520-A, styled City of Denton
vs. M.T. Cole Trust Number One Through Its Co-Trustees, that is
attached hereto and made a part hereof for all purposes.
SECTION II. That it authorizes the expenditure of $92,271.00
for the purchase of 31.107 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
immediately upon its passage and approval.
PASSED AND APPROVED this the (.e= day
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: M'), ~c-~G.l r✓C.Ci
APPROVED AS'TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~ l
BY: 1v~Cvtr
shall become effective
of , 1993.
CASTLEBERRY,
NO. CV-92-00520-A
CITY OF DENTON,
Plaintiff
VS.
M.T. COLE TRUST NUMBER ONE
THROUGH ITS CO-TRUSTEES,
Defendants
071013
§ CONDEMNATION PROCEEDINGS
§ FILED WITH THE JUDGE OF
§ THE COUNTY COURT AT LAW
§ NO. 3, IN AND FOR
§ DENTON COUNTY, TEXAS
JUDGMENT
h
On this the ~ day of , 1993, in the above
styled proceeding came on to/be c n idered the Award of Commis-
sioners filed with the Judge of the County Court at Law No. 3 of
Denton County, Texas, on the 15th day of December, 1992.
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 Ninety Two
Thousand Two Hundred Seventy-one and No/100 Dollars ($92,271.00)
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 is adopted
as the Judgment of this Court;
Judgment/Page 1
2. That the City of Denton, Texas do have and recover from the
M. T. Cole Trust Number One through its co-trustees, Bob F. Cole,
Jack Donald Cole and Virginia C. Houston, the fee simple title in
and to that certain property (31.107 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, M. T. Cole Trust Number One through its
co-trustees do have and recover from the City of Denton the said
sum of Ninety Two Thousand Two Hundred Seventy-one and No/100
Dollars ($92,271.00).
4. That M. T. Cole Trust Number one through its co-trustees
will not be responsible for erecting or maintaining a fence between
the 31.107 acres herein vested in the City and the Trust's
remaining property. The City of Denton shall be responsible for
erecting and maintaining a fence to keep livestock pastured on the
Trust property from roaming out onto City of Denton Municipal
Airport runways or taxiways.
5. That M. T. Cole Trust Number one through its co-trustees
may continue to use the 31.107 acres herein vested in the City for
livestock and recreational purposes until such time as the City
develops a need to occupy the 31.107 acres. In the event the City
wants to occupy the 31.107 acres in a manner that precludes the
uses by Trust as contemplated in paragraph 4 above, the City will
be responsible for erecting and maintaining fences sufficient to
Judgment/Page 2
prevent livestock from interferring with the intended uses by the
city.
6. 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 Commissioners'
Award into the registry of the Court or to the M. T. Cole Trust
Number One directly.
SIGNED this the ~ day of , 1993.
JUDGE PRESIDIN
COUNTY COURT AT LAW NO. 3
DENTON COUNTY, TEXAS
APPROVED:
MICHAEL A. BUCEK
ASSISTANT CITY ATTORNEY
CITY OF DENTON, TEXAS
r
r
MIKE RIFFIN, ATTORNE R
M. T. COLE TRUST NUMBER ONE
THROUGH ITS CO-TRUSTEES
Judgment/Page 3
AAA010CD
r ,
No. CV-92-00520-A
CITY OF DENTON,
PLAINTIFF
VS.
M.T. COLE TRUST NUMBER ONE
THROUGH ITS CO-TRUSTEES
DEFENDANTS
S C J
~7 , o
S CONDEMNATION P!ROCEED&GS
S FILED WITH THE JbbGE OF
S THE COUNTY COURT AT LAW
S NO. 3 IN AND FOR
S DENTON COUNTY, TEXAS
G AWARD OF SPECIAL COMMISSIONERS
On the day of _ , 199 Z, 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. 1 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 tyaof Denton
and Defendants having appeared through its Attorney o !Record, Mike
DEC2
PAGE 1 Ci , C;
LEGAL DC-,,~}T.
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:
$ ( ; plus
b. Diminution of the value of the remainder by reason of the
severance, if applicable, of $ ` Z, 5-00
;
c. Total damages that will accrue to Defendants as a result
of this condemnation; $_ctZ, Z
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 $ (including court filing fees, and the
expense of serving notice upon the Defendants) and the reasonable
fees of t Special Commissioners to be set by the Court, against
(City of Denton or nevendank" for the
reasons provided by law.
COMMISSIO R DAVID BI ES
G _
COMMISSIONER LEA, HY
PAGE 2
COMMISSIONER DAVID ARNO
he foregoing award was filed with me on the ~'--day of
/JUDGE PRESI NG
PAGE 3
Exhibit "A"
All that certain lot, tract, or parcel of land situated in Denton
County, Texas and being a part of the W. Neil Survey, A-970, part
of the I. Hembrie Survey A-594, part of the J. McDonald Survey A-
873, part of the J.W. Kjellberg Survey, A-1610, and part of a tract
shown by deed to M.T. Cole recorded in Volume 238, page 410 of the
Deed Records of Denton County, Texas said part of a tract shown by
deed to M.T. Cole recorded in Volume 243, page 572 Deed Records and
also part of a tract shown by deed to M.T. Cole recorded in Volume
375, page 483 Deed Records and being more particularly described as
follows;
BEGINNING at the southwest corner of "Tract Two" to the City of
Denton recorded in Volume 871, page 137 Deed Records;
THENCE south 88° 31' 00" east with the south line of said "Tract
Two" a distance of 1210.0 feet to the southeast corner of said
"Tract Two";
THENCE south 6° 48' 38" east a distance of 1010.04 feet to a point
for a corner;
THENCE north 88° 33' 24" west a distance of 1500.0 feet to a point
for a corner;
THENCE north 9° 41' 25" east a distance of 1010.88 feet to the
Point of Beginning and containing 31.107 acres of land.
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