HomeMy WebLinkAboutContract 32409 F.E. C 9ETARY
,GI� F F A C T NO.
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OVID
DENTON COUNTY CLEW
NO.: ED-2002-00878-2 SEP 3 0 2003
CYNTHIA CHELL
CITY OF FORT WORTH § IN THEA
V. §
§ 'AT LAW NO. 2
DORIS FENNER, INDIVIDUALLY, AND §
AS INDEPENDENT EXECUTRIX OF THE §
ESTATE OF ERNEST D. FENNER § DENTON COUNTY, TEXAS
NEGOTIATED SETTLEMENT AGREEMENT
This agreement is made between the City of Fort Worth, by its authorized Assistant City
Manager ("City"), and Doris Fenner, Individually, and as Independent Executrix of the Estate of
Ernest D. Fenner.
Whereas, City filed suit against Doris Fenner, Individually, and as Independent Executrix
of the Estate of Ernest D. Fenner in Cause Number ED-2002-00878, City of Fort Worth vs. Doris
Fenner, Individually, and as Independent Executrix of the Estate of Ernest D. Fenner, to
condemn and acquire the tracts and parcels of land described in the City's petition;
Whereas, three special commissioners were subsequently appointed to preside over and
to hear the parties to the proceedings to arrive at the fair market value of the land to be taken and
the damages, if any, to the remainder;
Whereas, the special commissioners held a hearing and rendered a special
commissioners' award of$1,747,333.33;
Whereas, City deposited $1,747,333.33 in the registry of the court and took possession of
the property;
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Negotiated Settlement Agreement Page 1
Whereas, Doris Fenner, Individually, and as Independent Executrix of the Estate of
Ernest D. Fenner objected to the award of the special commissioners within the time required by
law;
Whereas, City and Doris Fenner, Individually, and as Independent Executrix of the Estate
of Ernest D. Fenner agree bona fide disputes and controversies exist between them; and
Whereas, City and Doris Fenner, Individually, and as Independent Executrix of the Estate
of Ernest D. Fenner desire to compromise and settle any and all claims and causes of action
arising from the condemnation action brought by City;
Now, therefore, in consideration of the recitals set forth above, the mutual promises and
agreements made herein, and other valuable consideration, the receipt and sufficiency of which
is acknowledged, City and Doris Fenner, Individually, and as Independent Executrix of the
Estate of Ernest D. Fenner agree:
1. Dismissal of Case. City and Doris Fenner, Individually, and as Independent Executrix of
the Estate of Ernest D. Fenner agree that an agreed motion to dismiss this case (in the form of the
attached Exhibit A) will be presented to the court, dismissing with prejudice all causes of action
asserted by City. Further, City and Doris Fenner, Individually, and as Independent Executrix of
the Estate of Ernest D. Fenner agree an order of dismissal (in the form of the attached Exhibit B)
will be presented to the court to dismiss this case with prejudice to the rights of City to refile it,
taxing court costs against City. The motion and order will be executed contemporaneously with
the execution of this agreement and will be submitted to the court for rendition as soon as
practicable after the signing of this agreement.
2. City to Pay Additional Funds. City at the signing of this agreement will deliver to Doris
Fenner, Individually, and as Independent Executrix of the Estate of Ernest D. Fenner
Negotiated Settlement Agreement Page 2
t
$102,666.73 in addition to the $1,747,333.33 paid by City to Doris Fenner, Individually, and as
Independent Executrix of the Estate of Ernest D. Fenner.
3. Deeds to be delivered. Doris Fenner, Individually, and as Independent Executrix of the
Estate of Ernest D. Fenner at the signing of this agreement will execute and deliver to City any
instruments necessary to convey the property as described in the City's petition to the City as
soon as practicable after the execution of this Agreement.
4. Parties Bound. This agreement shall be binding upon and inure to the benefit of the
parties to this agreement and their heirs, executives, administrators, legal representatives,
successors, and assignees,when permitted by this agreement.
5. Prior Agreements Superseded. This agreement constitutes the only agreement of City
and Doris Fenner, Individually, and as Independent Executrix of the Estate of Ernest D. Fenner
for settlement of this case and supersedes any prior understandings and written or .oral
agreements between them respecting the settlement of this case.
6. Texas Law to Apply. This agreement shall be construed under, and in accordance with,
the laws of the State of Texas, and all obligations of the parties created by this agreement are
performable in Tarrant County, Texas.
7. Legal Construction. If any of the provisions contained in this agreement shall for any
reason be held to be invalid, illegal, or unenforceable, the invalidity, illegality, or
unenforceability shall not affect any other provision of the agreement, and this agreement shall
be construed as if the invalid, illegal, or unenforceable provision had not been included in the
agreement.
Negotiated Settlement Agreement Page 3
8. Amendrr ent. No amendment, modifwation, or alteration of the terms of this agreement
shall be binding unless it is in writing, dated subsequent to the date of this agreement, and duly
executed by the City and Doris Fenner, Individually, and as Independent Executrix of the Estate
of Ernest D. Fen ner.
Executes and effective on 003, at Fort Worth, Tarrant County, Texas.
THE CITY OF FORT W TIT
diy,City 19ecretary Marc Ott
Assistant Citv Manager
APPROVED AS FORM AND SUBSTANCE: t
Lor; -_••
Contract Aut1j, 1Z�t 101
Date
Stop er$, I' osle
Assistant City A-tomey
1000 Throclanor ton Street
Fort Worth, Texi z 76102
ti
Ronnie Phillips .
A Professional C orporati n
1200 'W'est Vnivt rsity, Suite Number 150
Denton; Texas 76201
N'egotiatcd Settlemei it Agreement Page 4
COP EJ
FILE '"' n
DEMON COUNTY GL�FiK
SEP 3 0 2003
NO.: ED-2002-00878-2 CYNTHIA ITCHELL
CITY OF FORT WORTH DEPUTY
§ IN THE COUNTY COURT
V. §
§ AT LAW NO. 2
DORIS FENNEL,, INDIVIDUALLY, AND §
AS INDEPENDENT EXECUTM OF THE §
ESTATE OP ERNEST D. FENNER § DENTON COUNTY, TEXAS
AGREED M07rI0N TO DISMISS
TO THE HONORABLE JUDGE.,
The Cit} of Fort Worth, petitioner, moves the court for an order dismissing the case
against Doris F,-rmer, individually, and as Independent Executrix of the Estate of Ernest D.
Fenner, defendants. Both parties will show that all matters at controversy have been fully and
finally agreed upon and settled.
Therefor e, the City of Fort Worth and defendant's Attorney requests the court to render
an order dismis,,,ing petitioner's suit with prejudice at petitioner's costs.
Respectfully submitted,
RONNIE PHII LIPS CW6d§toP HER B. MOSLEY
A Professional Corporation Assistant City Attorney
1200 West Uni versity, Ste.9150 Bar No. 00789505
Denton, Texas 76201 1000 Throckmorton Street
(940) 387955;1 Fort Worth, Texas 76102
(940) 387-6394(fax) (817) 871-7603
(817) 871-88359 (fax)
Agreed Motlon To[lismiss Page 1
Ad-1 AP 0 Py
F`' I
NO.: ED-2002-00878-2 FILE FOR RECORD
DENTON COUNTY CLERK
CITY OF FORT WORTH § IN THE COUNTY COURT 0 12003
V. § HELL
§ AT LAW NO. 2 grapm
DORRIS FENNER, INDIVIDUALLY, §
AND AS INDEPENDENT EXECUTRIX §
OF THE ESTATE OF ERNEST D. §
FENNER § DENTON COUNTY, TEXAS
AGREED ORDER TO DISMISS
On the -4y day of September 2003, the court considered the parties Agreed
Motion to Dismiss and is of the opinion and finds that it should be granted.
Therefore, it is ordered that the Agreed Motion to Dismiss be granted and that
the case be and it is hereby dismissed; that it is removed from the docket of the court;
and that all costs incurred be taxed against the petitioner for which let execution issue.
Signed the day of ' 2003.
JUDGE PRESIDING
Agreed Order To Dismiss Page Solo
.. FILE
�y,�s�, L)
COPY DENT0,7 CoUIVTY CLERK
NO.: ED-2002-00878-2 SEP 3 Q 2003
. CYNTHIA CyEl.l
CITY OF FORT WORTHDEPUTY
§ IN THE COUNTY COURT
V. §
§ AT LAW NO, 2
DORIS FENNE];, INDIVJDUALLY, AND §
AS INDBPENDl3NT EXECUTM OF THE §
ESTATE OF ER NEST D, FENNEli § DENTON COUNTY, TEXAS
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE:
The Citi of Fort Worth, petitioner, moves the court for an order dismissing the case
against Doris F,-nner, individually, and as Independent Executrix of the Estate of Ernest D.
Fenner, defendants. Both parties will shote That all matters at controversy have been fully and
finally agreed upon and settled.
Therefor e, the City of Fort Worth and defendant's Attorney requests the court to render
an order dismissing petitioner's suit with prejudice at petitioner's costs.
Rcspectfully submitted,
RONNIE PHIY LIPS4 STOPHER B. MOSLEY
A Professional Corporation Assistant City Attorney
1200 West Uni versity, Ste.#150 Bar No. 00789505
Denton, Texas 76201 1000 Throckmortou Street
(940) 387-955;; Port Worth, Texas 761.02
(940) 387-6394(fax) (817) 871-7603
(817) 871-88359 (fax)
Agreed Mobon To Dismiss Page 1
FOCOPY R■ O RECORD
NO.: ED-2002-00878-2 DENTON COUNTY CLERK
CITY OF FORT WORTH § IN THE COUNTY COUIBICT 0 12003
V. § GY THIA TGHELL
§ AT LAW NO. 2 .. _. DEPS
DORRIS FENNER, INDIVIDUALLY, §
AND AS INDEPENDENT EXECUTRIX §
OF THE ESTATE OF ERNEST D. §
FENNER § DENTON COUNTY, TEXAS
AGREED ORDER TO DISMISS
On the -3Q day of September 2003, the court considered the parties Agreed
Motion to Dismiss and is of the opinion and finds that it should be granted.
Therefore, it is ordered that the Agreed Motion to Dismiss be granted and that
the case be and it is hereby dismissed; that it is removed from the docket of the court;
and that all costs incurred be taxed against the petitioner for which let execution issue.
Signed they day of , 2003.
JUDGE PRESIDING
Agreed Order To Dismiss Page Solo
V U 4
l
General Warranty Deed
Date:
Grantor: Doris Fenner, individually and as, Independent Executrix of the Estate of
Ernest D. Fenner and Donald Ray Fenner, Trustee of the Speck and Doris
Fenner Living Trust.
Grantor's Mailing Address:
P.O. Box 36
Haslet, TX 76052-0036
Tarrant County
Grantee: City of Fort Worth
Grantee's Mailing Address:
9000 Throckmorton
Fort Worth, TX 76102
Tarrant County
Consideration:
TEN AND NO/900 DOLLARS ($90.00) and other good, and valuable
consideration.
Property (including any improvements):
See attached Exhibit A.
Reservations from Conveyance:
For Grantor and Grantor's heirs, successors, and assigns forever, a
reservation of all oil, gas and other minerals in and under and that may be
produced from the Property. If the mineral estate is subject to existing
production or an existing lease, this reservation includes the production,.the
lease, and all benefits from it.
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not; all presently recorded and validly existing instruments, other
than conveyances of the surface fee estate, that affect the Property; and
taxes for 2003, which Grantor assumes and agrees to pay.
Grantor, for the Consideration and subject to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty, grants, sells,
i• 1-1 ♦.iii niltiUUJ
and conveys to Grantee the Property, together with all and singular the
rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's heirs, successors, and assigns forever.
Grantor binds Grantor and Grantor's heirs and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
When the context requires, singular nouns and pronouns include the
plural.
Signed Auqtmt_Off 2003.
Se�,femLcr
A
C�iLc-OJ
Doris Fenner, individually and as Independent
Executrix of the Estate of Ernest D. Fenner
Donald Ray Fenner, este of the Speck and
Doris Fenner Living rust
STATE,OF TEXAS )
COUNTY OF TARRANT )
This instrument was acknowledged before me on D26af by
Doris Fenner, individually and as Independent Executrix of the Estate of Ernest D.
Fenner.
ary Public, State of T s
4 NICOLE L.KENNEDY
MY COMMISSION EXPIRES
MAY 2,2007
-- -� �. r.. �.. .� ._... vi• v l avvv.. • V.\1 Ir Vl\All V111 A11V1\.1L1 LV- VU4
D
STATE OF TEXAS )
COUNTY OF TARRANT )
This instrument was acknowledged before me o by
Donald Ray Fenner, Individually and as Trustee of the Speck and Doris Fenner Living
Trust.
Not 25poublic, State of Texas
NICOLE L.KENNEDY
MY COMMISSION EXPIRES
MAY 2,2007
City of Fort Worth, Texas
qvagor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/6/03 **G-13962 12FENNER 1 of 1
SUBJECT SETTLEMENT OF LAWSUIT: CITY OF FORT WORTH VS. DORIS FENNER,
INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF ERNEST
D. FENNER, DONALD RAY FENNER, TRUSTEE OF THE SPECK AND DORIS
FENNER LIVING TRUST CAUSE NO. ED-2002-00878
RECOMMENDATION:
It is recommended that the City Council approve settlement of all claims arising from the condemnation
of the Fenner property.
DISCUSSION:
The City instituted this condemnation case on June 28, 2002 (M & C L-13291), after the City and the
landowner failed to agree on fair compensation for the taking of the landowner's property for the
Alliance Airport Runway extension project. The special commissioners assessed damages to the
landowner's property in the amount of $1,747,333.33. Thereafter, the City deposited the award into the
court's registry. The defendant filed objections to the special commissioners' award.
The landowner has agreed to settle all claims against the City and to join in settlement of the case for
$1,850,000.00 and a release of all claims against the City.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Airport Grants Fund.
MO:r
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mark Ott 8476
Originating Department Head:
David Yett 7623 (from) APPROVED 05/06/03
G R 14 541 100 030218731010 $1,850,000.00
Additional Information Contact:
Chris Mosley 7603
FORTWORTH
CHRISTOPHER B.MOSLEY ) j (817)392-7603
ASSISTANT CITY ATTORNEY �``- CHRIS.MOSLEY@FORTWORTHGOV.ORG
MEMO
To: Marty Hendrix
City Secretary
Date: September 28, 2005
Re: Alliance Title Commitments
Enclosed please find three title insurance policies for three Alliance properties. I have
labeled each with a sticker: Fenner, Cole Trusts, Peterson. Could you please file each
commitment with the appropriate Alliance property. As you will recall, you are holding
the original deeds for each property. Here is the M & C information to help you locate
the file:
1. Fenner G-13962
2. Cole Trusts G-14079
3. Peterson G-14828
Thanks so much for your help in this matter. Give me a call if you have any questions.
OFFICE OF THE CITY ATTORNEY
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
817-392-7600 * FAx 817-392-8359
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