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1993-041b:\wolski\judgappr.o ORDINANCE NO... ?3-6, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGMENT IN CITY OF DENTON VS. ED WOLSKI AND VIRGINIA FRYMAN RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ed Wolski and Virginia Fryman 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-92-00521-B, styled City of Denton vs. Ed Wolski and Virginia Fryman, 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 $63,767.00 for the purchase of 16.174 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 (L,d day of , 1993. BOB CASTLEBERRY, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY TTORNEY C /?lic1lcc BY: NO. CV-92-00521-B CITY OF DENTON, § CONDEMNATION PROCEEDINGS Plaintiff § FILED WITH THE JUDGE OF VS. § THE COUNTY COURT AT LAW § NO. 21 IN AND FOR ED WOLSKI AND VIRGINIA § DENTON COUNTY, TEXAS FRYMAN, Defendants JUDGMENT On this the day of 1993, in the above styled proceeding came on to a co idered the Award of Commis- sioners filed with the Judge of the County Court at Law No. 3 of Denton County, Texas, on the 22nd 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 Sixty Three Thousand Seven Hundred Sixty-seven and No/100 Dollars ($63,767.00) 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; 2. That the City of Denton, Texas do have and recover from the Ed Wolski and Virginia Fryman, the fee simple title in and to that certain property (16.174 acres) situated in the City of Denton, Denton County, Texas, being heretofore described in the incorpo- rated Award of commissioners, and the same be, and is hereby vested in the City of Denton, Texas; 3. That Defendants, Ed Wolski and Virginia Fryman do have and recover from the City of Denton the said sum of Sixty Three Thousand Seven Hundred Sixty-seven and No/ 100 Dollars ($63,767.00); 4. That Ed Wolski and Virginia Fryman will not be responsible for erecting or maintaining a fence between the 16.174 acres herein vested in the City and the Wolski/Fryman's remaining property. The City of Denton shall be responsible for erecting and maintaining a fence to keep livestock pastured on the Wolski/Fryman 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 commissioners' Award into the registry of the Court or to Ed Wolski and Virginia Fryman directly. J SIGNED this the 1~ day of , 1993. O JUDGE PRESIDI COUNTY COURT AT LAW NO. 3 DENTON COUNTY, TEXAS Award of Special Commissioners/Page 2 APPROVED: MICHAEL A. BUCEK ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS MIKE GRIFFIN, ATT N FOR ED WOLSKI AND VIRGINIA FRYMAN Award of Special Commissioners/Page 3 071,el l NO. CV-92-00521-B CITY OF DENTON, § CONDEMNATION PROCEEDINGS Plaintiff § FILED WITH THE JUDGE OF VS. § THE COUNTY COURT AT LAW § NO. 2, IN AND FOR ED WOLSKI AND VIRGINIA § DENTON COUNTY, TEXAS FRYMAN, Defendants JUDGMENT On this the day of , 1993, in the above styled proceeding came on to deco idered the Award of Commis- sioners filed with the Judge of the County Court at Law No. 3 of Denton County, Texas, on the 22nd 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 Sixty Three Thousand Seven Hundred Sixty-seven and No/100 Dollars ($63,767.00) 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; 2. That the City of Denton, Texas do have and recover from the Ed Wolski and Virginia Fryman, the fee simple title in and to that certain property (16.174 acres) situated in the City of Denton, Denton County, Texas, being heretofore described in the incorpo- rated Award of Commissioners, and the same be, and is hereby vested in the City of Denton, Texas; 3. That Defendants, Ed Wolski and Virginia Fryman do have and recover from the City of Denton the said sum of Sixty Three Thousand Seven Hundred Sixty-seven and No/ 100 Dollars ($63,767.00); 4. That Ed Wolski and Virginia Fryman will not be responsible for erecting or maintaining a fence between the 16.174 acres herein vested in the City and the Wolski/Fryman's remaining property. The City of Denton shall be responsible for erecting and maintaining a fence to keep livestock pastured on the Wolski/Fryman 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 Commissioners' Award into the registry of the Court or to Ed Wolski and Virginia Fryman directly. f SIGNED this the day of , 1993. O JUDGE PRESIDI COUNTY COURT AT LAW NO. 3 DENTON COUNTY, TEXAS Award of Special Commissioners/Page 2 APPROVED: A~ (c--e MICHAEL A. BU EC K ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS MIKE GRIFFIN, ATT FOR ED WOLSKI AND VIRGINIA FRYMAN Award of Special Commissioners/Page 3 - r ~ JAN 2 t C~T' C' D;-ON NO. CV-92-00521-B l-CGA` DEPT. CITY OF DENTON, § CONDEMNATION PROCEEDINGS Plaintiff § FILED WITH THE JUDGE OF VS. § THE COUNTY COURT AT LAW § NO. 21 IN AND FOR ED WOLSKI AND VIRGINIA § DENTON COUNTY, TEXAS FRYMAN, Defendants AWARD OF SPECIAL COMMISSIONERS On the 46 day of January, 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. 2 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 con- demnation of certain parcel(s) of land required for fee simple in- terest 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 their 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: 40 $1~' plus b. Diminution of the value of the remainder by reason of the Jo severance, if applicable, of $ /gi~g6 C. Total damages that will accrue to Defendants as a result of 3 ~ , this condemnation, $ 6. 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 $ 7Jr• 0U) (including court filing fees, and the expense of serving notice upon the Defendants) and the reasonable fees of the Special Commissioners to be set by the Court, against (City of Denton or Defendants) for the reasons provided by law. COMMISSIONER OMMISSIONER R CHARD HAYES Award of Special Commissioners/Page 2 The foregoing award was filed with me on the ay of 1993. /40zv-z/,, z 4 ie~4~2 JUDGE PRESIDING Award of Special Commissioners/Page 3 Exhibit "A" All that certain lot, tract, or parcel of land situated in the J. Scott Survey A-1222 and being part of a tract shown by deed to Ed Wolski, Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 Real Property Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of the "Second Tract" shown by deed to The City of Denton recorded in Volume 857, Page 523 Deed Records said corner being in the center of Masch Branch Road; THENCE north 1° 24' 09" east with the center of Masch Branch Road 865.82 feet to a point for corner; THENCE south 88° 35' 51" east a distance of 887.23 feet to a point for corner; THENCE south 10° 51' 29" west a distance of 874.43 feet to the northeast corner of said "Second Tract"; THENCE north 88° 50' 58" west with the north line of said "Second Tract" 743.58 feet to the Place of Beginning and containing 16.174 acres of land. fr .i. i6.; ^,L•f+ 4tIMinP" NNs l,'i 9 l% nol O >1 h cp p _C r' cY ~ pgx c F- _s a o W 0 3 U N ~ Y O ~ F` o a ~ Z ~ F w F- ~ Q p.;•x Gn11It°V:'iERK 'C'~7 Tr i~ U2-N f 5 w /COUNTY ivi_;_s K