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