1988-0882292L
NO 88-v22
AN ORDINANCE OF THE CITY OF DENTON) TEXAS, APPROVING A SETTLEMENT
AND COMPROMISE AGREEMENT FOR PhNDING LITIGATION BETWEEN THE CITY
OF DENTON AND JOE W SHERRILL, ET UX, AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the attached Settlement and Compromise
Agreement between the City of Denton and Joe W Sherrill, et ux,
providing for the settlement and compromise of the litigation now
pending between the parties before the Court of Appeals for the
Second Appellate District of Texas in Cause No 2-88-013-CV, 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SECTION II That Ordinance No 88-075 is repealed
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the L7 day of 1q44101- , 1988
'~~2/17 2 Y
RAY S E S 1 YOR
ATTEST
I TERS, CI SE RE RY-
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
O ~
~ ~M
2291L
THE STATE OF TEXAS §
COMPROMISE SETTLEMENT AGREEMENT
COUNTY OF DENTON §
THIS AGREEMENT is by and between JOE W SHERRILL and wife MARY
LAJEAN SHERRILL, herein referred to jointly as Plaintiffs, and the
CITY OF DENTON, TEXAS, a municipal corporation of the State of
Texas, herein referred to as Defendant
RECITALS
A On or about December 1, 1982, Defendant entered upon
Plaintiffs' land for the purpose of making certain drainage
improvements in conjunction with the construction of street
improvements fronting upon Plaintiffs' land
B On or about January 24, 1984, Plaintiffs instituted an
action for trespass to try title, declaratory relief, and for
damages against Defendant in Cause Number 84-449-C, filed in the
211th Judicial District Court of Denton County, Texas, based upon
such entry and use of Plaintiffs' land
C On or about February 20, 1984, Defendant filed its answer
to said cause of action and its Counterclaim for Condemnation
seeking the acquisition of a permanent drainage easement on and
across 0 2704 acres of Plaintiffs' land as more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference
D Pursuant to Defendant's counterclaim for condemnation, and
in accordance with an Agreed Motion to Set Security Deposit in
Condemnation Proceedings, Defendant deposited $15,000 00 into the
registry of the Court, which was withdrawn by Plaintiffs, and
Defendant thereafter lawfully entered and took possession of the
property condemned
E On or about October 19, 1987, said cause was called to be
tried before a jury on Plaintiffs' claim of trespass and Defen-
dant's counterclaim for condemnation, and after the presentation
of evidence, the jury reached a verdict thereon
F On or about November 14, 1987, the Court entered a final
judgment upon the jury's verdict, awarding Plaintiffs money
damages for trespass and compensation for Defendant's counter-
claim for condemnation and awarded Defendant a permanent drainage
easement on and across the 0 2704 acres of land condemned
G On or about January 14, 1988, Defendant gave notice of its
appeal from the final judgment of the trial court entered in said
cause, to the Court of Appeals for the Second Appellate District
of Texas
H The parties to this agreement recognize and agree that said
suit, the appeal from the final judgment, and the proceedings in
connection therewith have been time consuming and expensive and
the parties agree that it would be in the best interest of said
parties that all matters be compromised and settled without
proceeding further with the appeal of the judgment entered in
said cause
NOW, THEREFORE, in consideration of the mutual promises and
agreements herein contained, including the recitals set forth
hereinabove, the parties agree as follows
1 Defendant agrees to pay to Plaintiffs, in addition to the
Fifteen Thousand Dollars ($15,000 00) previously paid into the
registry of the Court and withdrawn by Plaintiffs, receipt of
which is hereby acknowledged by Plaintiffs, Forty Thousand
Dollars ($40,000 00), within thirty days of the approval and
execution of this agreement by both parties
2 Plaintiffs agree within ten days of payment of the addi-
tional Forty Thousand (40,000 00) by Defendant to Plaintiffs, to
transfer and convey to Defendant a drainage easement for the
0 2704 acres of land The drainage easement to be conveyed by
Plaintiffs to Defendant shall be accomplished by execution and
delivery of an easement deed for a drainage easement for 0 2704
acres of land, in accordance with the easement deed shown in
Exhibit "A", attached hereto and incorporated by reference
3 The parties agree that upon payment of the $40,000 00 to
Plaintiffs by Defendant and the execution and delivery of the
easement deed by Plaintiffs to Defendant as provided herein, the
attorneys for the respective parties will execute and present an
Agreed Motion to Dismiss the cause now pending before the Court
of Appeals for the Second Appellate District of Texas, in Cause
No 02-88-00013-CV, so as to vacate the final judgment previously
entered in the trial court.
4 The parties agree that neither party shall be liable to
the other for any other payments or costs, including any court
costs or attorney's fees, which have not been already been paid
prior to the date of this agreement, and each party shall here-
after pay any court reporter's fees, attorney's fees, or other
costs of appeal which it has incurred, provided however, that
Defendant shall pay any filing fees or court costs for filing and
presenting the Agreed Motion to Dismiss as provided herein, and
Defendant shall pay and any costs of recording the easement to be
conveyed by Plaintiffs to Defendant
COMPROMISE SETTLEMENT AGREEMENT-PAGE 2
5 That by execution of this agreement and upon payment by
Defendant to Plaintiffs of the sum as provided herein, Plaintiff's
do hereby release and discharge the Defendant, its officers,
agents, and employees, from any and all claims or causes of action
of any kind whatsoever Plaintiffs has or might have as a result
of or attributable to the above-described events or those events
described in Plaintiff's Original Petition in Trespass to Try
Title filed in Cause No 84-449-C in the District Court of Denton
County, Texas, 211th Judicial District
6 This agreement shall be binding upon and inure to the bene-
fit of the parties and their respective heirs, representatives,
successors, and assigns
7 This agreement contains the entire agreement between the
parties and supersedes any and all prior agreements, arrangements,
or understandings, statements, promises or inducements contrary
to the terms of this compromise settlement agreement
8 This agreement shall be governed by, construed and enforced
in accordance with, and subject to, the laws of the State of
Texas
IN WITNESS WHEREOF, the parties have executed this agreement
on the 94 day of l , 1988
PLAINTIFFS
(~L zLa-l~_
JPE W S RR.
DEFENDANT
OF DENTON
COMPROMISE SETTLEMENT AGREEMENT-PAGE 3
APPROVED AS TO FORM
G , W"
L A~ NELSON
ATTORNEY FOR PLAINTIFFS
KEWRIGH
ATTORNEY FOR PLAINTIFFS
'MO) n `R uw%Na
A ORNEY FOR DEFENDANT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on A,
1988, by Joe W Sherrill and Mary LaJean Sherrill
anowux
CHU
"noun
My Commission Expir
THE STATE OF TEXAS
COUNTY OF DENTON
I
This instrument was acknowledged before me on
1988 by Lloyd V Harrell, City Manager of the
Texas, a municipal corporation, on behalf of said
JENNIFER IMRIE
Notary Public
STATE OF TEXAS
My Comm Exp Aug 14 1990
ty n on,
corporation
COMPROMISE SETTLEMENT AGREEMENT-PAGE 4
EXHIBIT "A"
THE STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON S
EASEMENT
THAT JOE W SHERRILL AND WIFE MARY LAJEAN SHERRILL, of
Denton County, Texas ("Grantors"), in consideration of the sum of
one and No/100 ($1 00) Dollars, and other good and valuable
consideration in hand paid by the CITY OF DENTON, Denton, Texas,
receipt of which is hereby acknowledged, do by these presents,
grant, bargain, sell and convey unto the CITY OF DENTON, Denton,
Texas, ("Grantee"), a permanent drainage easement for the purpose
of locating, constructing, operating and maintaining a drainage
ditch for the purpose of collecting and channelling storm runoff
water into the storm sewage system of the Grantee to said
property, more particularly described as follows
All that certain lot, tract or parcel of land, lying
and being situated in the City and County of Denton,
State of Texas, and being part of the T Toby Survey,
Abstract No 1288, and also being part of a tract of
land as conveyed to Joe W Sherrill and wife Mary
LaJean Sherrill by Deed recorded on Volume 433, Page
198 of the Deed Records of Denton County, Texas and
more particularly described as follows
COMMENCING at the southwest corner of said Sherrill
tract, said point lying in Sanger Road,
THENCE north 10 13' 03" east along the west boundary
line of said tract, a distance of 18 5 feet to the
point of beginnings
THENCE north 10 13' 03" east along the west boundary
line of said tract, a distance of 230 feet to a point
for a corner,
THENCE south 88° 46' 57" east a distance of 30 0 feet
to a point for a corner,
THENCE south 18° 30' east a distance of 74 10 feet to a
point for a corner,
I
THENCE south 1° 13' 03" west a distance of 160 25 feet to
a point for a corner,
THENCE north 88° 46' 57" west a distance of 55 0 feet to
the place of beginning and containing 0 2704 acres of
land, more or less
In order to insure the efficient operation and maintenance
of said drainage easement and to secure landowners such
reasonable use of the land subject to said drainage easement to
the greatest extent possible without unreasonable interference
with the Grantee's use of said easement for the purposes stated,
the following rights, limitations and restrictions as to said
easement and use thereof are hereby specified as follows
1 Grantee's easement rights shall include the right to
clear and keep clear the surface of the easement of
all trees, bushes and roots that might interfere with
the operation of said drainage easement
2 Grantee shall have the right of ingress and egress to
the easement for purposes of repairs, reconstruction
and maintenance only by way of land covered by the
easement
3 Grantee shall not fence or otherwise enclose the
easement, but landowners may fence along the
boundaries of said easement strip, but are not bound
to do so
4 Landowners, and all subsequent owners of the land
covered by the easement shall have the right to lay
out, construct, reconstruct, repair, and maintain
streets, roads, alleys, parking lots, sidewalks,
walkways, and driveways within, on, and across the
easement area so long as such structures and
facilities are constructed and installed so as not to
unreasonable interfere with Grantee's use of the
easement for the drainage purposes herein specified
5 Landowners and subsequent owners of land covered by
said easement shall have the right to lay out,
construct, reconstruct, repair and maintain water,
electrical, gas or telecommunication lines and
facilities under, over and across said drainage
facilities so long as such lines and facilities are
constructed and installed so as not to impair or
interfere with the use, operation, or maintenance of
such drainage easement
TO HAVE AND TO HOLD unto the said CITY OF DENTON, Denton,
Texas, as aforesaid for the purposes aforesaid the premises
described hereinabove
WITNESS OUR HANDS, this day of , 1988
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on
1988, by Joe W Sherrill and Mary LaJean Sherrill
NOTARY PUBLIC, STATE F TEXAS
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