Loading...
1989-176ORDINANCE NO eT?7/7(g_ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY AND R D MARTIN, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Agreed Judgment between the City of Denton and R D Martin, providing for the settlement and compromise of the litigation now pending between the parties before the County Court of Law of Denton County, Texas in Cause No 10,357, is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this :Z- day of 4k ti.&A 1989 Ll~- - Y ST I~ S, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS O LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY CAUSE NO 10,357 CITY OF DENTON, TEXAS § PROCEEDINGS IN EMINENT VS § DOMAIN FILED WITH THE § JUDGE OFTHE COUNTY § COURT AT LAW OF R D MARTIN, ET UX § DENTON COUNTY, TEXAS AGREEDJUDGMENT Be it remembered that the CITY OF DENTON, TEXAS, Plaintiff in the above numbered and entitled cause, appeared by and through its counsel, the City Attorney of the City of Denton, Texas and by Joe D Morris, an Assistant City Attorney, and the Defendants, R D MARTIN, ET UX, appeared by and through their counsel, Ken Wright The parties, present through their attorneys, announced to the Court their agreement upon a disposition of this cause and stipulated that the Plaintiff, CITY OF DENTON, took possession of the hereinafter described interest in property on January 4, 1982 pursuant to a proper exercise of the power of eminent domain, and that an agreement has been reached upon the only issue remaining in the cause, the amount of compensation the Defendants, are entitled to recover from the Plaintiff as a result of the acquisition of the said interest in property ACCORDINGLY, upon consideration of the papers on file in this cause, the aforesaid stipulation and agreement, the COURT FINDS AND DETERMINES 1 Said Plaintiff filed a Statement in Condemnation herein with the Judge of the County Court at Law of Denton County, wherein the City of Denton sought to acquire the following described interest in property An easement to construct, reconstruct and perpetually maintain a road for ingress and egress to a city sewage lift station, electric transmission power lines and appurtenances, sewer, water and sanitary lines to service said sewage lift station, AGREED JUDGEMENT -Page 1 said road and utilities to be in, upon, under and across the following described tract of land situated in Denton County, Texas to-wit Being a tract of land situated in the Alex E Cannon Survey, Abstract 232, and in the John S Dickson Survey, Abstract 342, conveyed to R D Martin, et ux, by certain Deeds of Record as shown in Volume 1048, Pages 191 and 192, Deed Records of Denton County, Texas Said proposed easements crossing this tract shall be in two parts as herein designated and described PART 1 WITHIN THE JOHN S DICKSON SURVEY BEGINNING at a point in west line of said tract north 17° 30' 53" west a total distance of 253 88 feet from the U S Monument identified as 7-554- 4" to a point for the centerline of a thirty (30') foot wide permanent and a sixty (60') foot wide temporary construction easement, THENCE north 83° 58'07" east a total distance of 385 87 feet to a point in an east property line of said tract, said point also being in the east line of the J S Dickson Survey 55 05 feet from the southeast corner of said survey for terminus of said proposed easements PART 2 WITHIN THE ALEX E CANNON SURVEY BEGINNING at a point in the north line of the Alex E Cannon Survey north 89° 34'14" east a total distance of 95 0 feet from a steel pin marking the southeast corner of the John S Dickson Survey to the beginning point for a permanent easement, THENCE north 89° 34' 14" east a distance of 15 0 feet to a steel pin in the centerline of an abandoned road, said pin marking a corner of above tract, THENCE south 18° 01' 12" east along an east line of said tract a distance of 70 0 feet to a point in the centerline of the abandoned road, THENCE north 28'47'52 9" west a total distance of 76 09 feet to the place of beginning, containing ►n all a total of 498 02 square feet of land In addition to above described permanent easement, Part 2 shall include a temporary construction easement adjacent and parallel to west line of said permanent easement with dimensions of 20 feet by 76 09 feet There is specifically excluded all the oil, gas, and other minerals in, on and under the above described parcel of land IT IS FURTHER EXPRESSLY PROVIDED that access to and from the remainder of the said tract of land as owned by R D MARTIN and Wife, MILDRED MARTIN, of which the above described parcel of land was originally a part, to the AGREED JUDGEMENT - Page 2 1 AA9mni mn. om right of way easement, on the said parcel of land SHALL NOT BE DENIED And that the owners of said tract of land and their heirs and assigns shall retain all rights and privileges pertaining to the use and enjoyment of the parcel of land hereinabove described which DO NOT IMPEDE or PROHIBIT exercise of the hereinabove specified easement rights acquired in said parcel of land by the CITY OF DENTON, TEXAS 2 Subsequent to the appointment of Special Commissioners, who were duly qualified to serve herein, the Special Commissioners made and filed an Award in the amount of $4,300 00 payable to Defendants R D MARTIN and Wife MILDRED F MARTIN in this cause, 3 Objections to said Award were timely filed by Defendants, 4 This Court has jurisdiction of the subject matter and the parties in this cause, 5 Plaintiff CITY OF DENTON is authorized to acquire the above described interests in property by exercise of the power of eminent domain and should recover same from the Defendants in this cause free and clear of any and all encumbrances, 6 The agreed upon compensation between the Plaintiff CITY OF DENTON and Defendants for the acquisition of the above described interest in property and all damages to the remaining property of the said Defendant owners, is the Special Comnussioners' Award, plus interest from the date of taking 7 The said Plaintiff deposited the sum of $4,300 00 into the registry of the Court in this cause on January 4, 1982 for the use and benefit of the said Defendant owners which sum was the same as the amount awarded by the Special Commissioners, and the said Defendant owners have yet to negotiate said sum despite having withdrawn the full deposit from the said registry, 8 All costa of court incurred in this cause should be taxed against the said Plaintiff AGREED JUDGEMENT - Page 3 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff' CITY OF DENTON, TEXAS shall have and recover from the Defendants R D MARTIN and Wife MILDRED F MARTIN, the interest in property hereinabove more fully described in Paragraph 1 of this Judgment, IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Defendants, shall have and recover of and from the CITY OF DENTON the sum of Four Thousand Three Hundred Dollars ($4,300 00), previously deposited, plus interest at the legal rate until paid SIGNED this day of 1989 JUDGE PRESIDING SUBSTANCE AND FORM APPROVED A s tart City Attorney A me for Plaintiff City of Denton Attorney for Dq(afidan R D Martin and Wife, Mildred F Martin AGREED JUDGEMENT - Page 4 1 A OQ/nM rr%--An I I 1