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
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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
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