Loading...
HomeMy WebLinkAboutC2006-501 - 5/12/2006 - NA. ~~ ~' Doc# 2~06043631 NO.OS-61327-1 CONDEMNATION PROCEEDING CT~'Y OF CORPUS CHRISTI § § V. § § S1'~PHEN JOHN MACDONALD and § § the VET~tANS LAND ~ARD § IN THE COUNTY COURT AT LAW NO. 1 NUECES COUNTY, TEXAS AGREED JUDGMENT On this day came on to be heard the above numbered and entitled cause wherein The City of Corpua Christi, Texas is Plaintiff and Stephen John MacDonald and the Veterans Land Board of the St~te of Texas are Defendants, and it appearing to the Court, and it is so found, that Ot~ectio~ were filed to tl~ee Award of Special Commissioners and that this Court has jurisdiction ta €nter j~dgment herein, and the parties have compromised and settled all issues in this cause and desir+C the entry of thc following agreed judgment as evidenced by their signatures or that of th~r respective attorneys hereto; IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That by virtue of the Award of Special Commissioners, the Plaintiff, City of Corpus Ct~risti, is entitled to be vested with, and does hereby have Jadgment against the above named De~enda~ts, Stephen John MacDonald and the Veterans Land Board, vesting in the City of Corpus Christi, title to those certain permanent and temporary easements and easement rights in a cerr~ain twenty acre tract of iand located in Lot 19 Section 51 Flour Bluff and Encinal Fann and 2035$3 v4 2006-501 OS/12/06 MacDonald, Step~en John, et al D ~~~Q~~ 1 MAY 1 Z 20QS PATSY PEREZ, DISTRlCT CLERK NUECES COUNTY I~~EXED G~den Tracts, a subdivisi~ of Nueces County, Texas, as more particularly described in Plaintiff s Original F~etition for Condemnation included and aclopted as a part of the Award of Special Co~t-miss~ners, a copy of which Award of Special Commissioners is attached hereto as EXHIBIT "1." and adopted as a part hereof for all purposes; 2. That, it is agreed between all Parties hereto that the Defendants are entitled to recover fro~ the FLaintiff, City of Corpus Christi, the sum of Twenty-one Thousand Dollars ($21,000.00) to be paid to the Defenda~tt, Veterans Land Board in full satisfaction of this judgment, and the Detendan~, Veterans Land Board, does hereby have Judgment against the Piaintiff for said amount; a~d it appearing and it is so found that the amount of said Judgment has been paid into the registry of the Court by City of Corpus Christi; the Clerk is hereby authorized and directed to pay such ~n to the Veterans Land Board and that this Judgment is entered futly satisfied. 3. It is further agreed between all Parties and it is so Ordered as part of this judgment that aftor com~letion of the installation of the initial water line by the City of Corpus Christi in the perananent +easement grantod herein, all excavated surplus sand material remaining on the surface of t~e subj~ct property shall be left available to the Defendant, Stephen John MacDonald. 4. It is agreed by all parties, and made a part of this judgrnent that the condemnation da~tages avidenced by and paid in satisfaction of this judgment do not inclnde any damage as may be d~rte to ilie existing pond on the subject property from construction of the water line and that any c~aim for subseqt~ent damage to such pond resulting from construction of such water line an th~ subject property by the City of Corpus Christi shall not be barred by the entry of this juc}~ment. zoss~ ~a 2 5. The costs of these proceedings are assessed against the Plaintiff as provided in the Award o~' Special Commissioners, for which the Clerk shall have execution if the same be not tin~ely p~d. ~jq ~° S~GNED this the /~ day of , 2006. ;' ~ .._-~- _--._ -, .-' Robert Vaig~b; Jud~ f~County Court at Law No.l of l~eces Co , exas AP'PRO~ED AS TO FORiVI AND SUBSTANCE: CT"fY OF CORPUS CHRiSTI By. ,~ ~ ~ J. , ^ A. COHN, J~'t. its A ey, JOHN VE7'ER~4NS LAND BOARD OF TEXAS By: G~G A~30TT At~mey ~i+eneral of Texas BA~tRY ~.. MCBEE Fir~ Assi~ant Attomey General ED~WAR3~ D. BURBACH DqNNUty Al~urney General ~r Litigation KA~tEN ~V. KORNELL As~atant .+1~ttomey Generai Cl~f, Na~ural Resources Division -~ 14000 2D3513 v4 3 M~RY Aa~istant Attomey General St~e Ba~ No. 24041974 Asiistan~; ~-ttorney General N~IEural I~OSOUrces Divisio~ P. O. Bo~ 12548, Capital Station A~etin, Ts~as 78711-2548 Tc~epho~: (512) 463-20t2 Fa~esimilo: {512) 320-4911 za3~ ~a 4 CAUSE NO.OS-61327-1 CONDEMNATION PROCEEDI1+iG CI'~`Y OF'CORPUS CHI~STI § IN THE COUNTY COURT § VS. § AT LAW NO.ONE § S'T~~HE~ JOHN MACDONALD and § the YET~ANS LAND H~UARD § NUECES COUNTY, TEXAS A~VARD OF SPECIAL CQMMISSIO~iERS On tfie 8`~ day of Se~tember, 2005, in the City of Corpus Chtisti, Nueces County, Texas, the abave cor~di~rnnation proceeding came on to be heazd before the undersigned, three disinterested fre~itolders of Nueces Cour~y, Texas, heretofore appointed as Special Commissioners hy the Judge of t~e Cot~ty Court at Law No. One, Nueces County, Texas, to assess the damages caused by the co~emn~on proceedings, and the Commissioners proceeded to hear evidence and argument, and macic the ~iowing finding~: I. Tl~ on the 29`~ day of July, 2005, the CI1'Y OF CORPUS CHRISTI, as Plaintiff, filed a wri~n p~on with the Diabrict Cterk of Nueces County, Texas, wherein upon the facts and far the pur~oses t~erein stated, it sought judgment vesting in the CITY OF CORPUS CHRISTI, pen~anent easements and teinporary easement for municipai purgoses, in Nueces County, Texas, all ae desc~ed in Plaintiff's Original Petition for Condemnation attached ltereto as Exhibit "I" and incatporat~ld herein for all p~rposes. 1992ZG v2 EXHIBIT Kl" II. Thi~t the Judge of the said Court did duly appoint Rose C. Sanchez, Rick Holstein and Randy Bartera, tiree disinterest~] freeholders of Nueces County, Texas, as Special Commissioners to asstss the ~mages caused by the taking of said property. III. 1'~ thereafter said Special Commissioners duly qualified as such, each taking the aath pre~cribed by law, which aaths aze on file with the papers in this cause. IV. 'I'hat after having so qualified, said Special Commissioners on the 16`~ day of August, 2005, by written flrder designated and appointed the 2"d day of Septembet, 2005, at 9:00 o'clock a.m. at the Jury Room of County Court at Law No. One, Nueces Counry Courthouse, Corpus Christi, Nueces County, T~acas, as the date, time, and place for hearing said petition and parties, said date being the ear~iest p~cticable time a~d such place being in the county in which the land or a part thereof is situated. The hearing was re-set by agreemeni until September 8, 2005 at 9:30 AM. V. 'TMr~t on the l6~' day of August, 2005, said 5pecial Commissioners issued written notice of the date a~pd place of the l~earing. Defendant Calvin F. Bright was duly served with notice and no~ed ir~ the rnanner provided by law of such hearing. The notice with written return of service th~on b~g duly fil~ with the Commissioners on the 8`~ day of September, 20d5. 2 194~26 v2 ~ VI. Th~ on the S`~ day of September, 2005, said Special Commissioners did convene pursuant to re~etting and Plaintiff the CTTY OF CORPUS CHRISTI, appe~ed by and through its attomey; and Defmt~'iants Steph~ ^ John ~ MacDonaid and the Veterans Land Board sustained b~+ the owner and lhose claiming an interest in such land by reason of the taking of said progeaty arrd, after hearing a~d considering such evidence, said Special Commissioners did find and de~t~rnine ~d, accordingty, assess damages to be paid by Plainiiff, the CITY OF CORPUS CI~~ISTI, ~o the Defendants, jointly, in the total amount of L i„I~L~' a~ `r`'d~~~- ~ od ~d ~~,~1) - - AND _~Ie /100 DOLLARS {S Th~ costs of this proceeding are adjudged against the ~+d,,,-~ ~~ SI~ED on this the ~. day of September, 2(?O5. ~' ` ~ Rose C. Sanchez, pecial Commissioner ~s,~ Special Commissioner Special 3 i v92~ ~2 Said Special Commissioners proceeded to hear evidence as to the damages that will be T~e foregoing Award of Special Commissioners was filed with me this the $~f'~+day of Segtember, 2005. It is ORDERED that each Special Commissioner receive the sum of oa $~' "`~~' as a reasonable fee for services in this proceeding. The Clerk is hereby informed of Che decision hy the Spe~ial Commissioners pursuant to §21.049 of the Texas Property Code. S Ju ge R ert Vargas Counry Court at Law No. One, Nueces County, Texas 1992~ v2 4 .~ EXHIBIT "I" rro. ~5"-~/~~ 7- 1 CONDEMNATION PROCEEDING CI'1"Y OF CORPUS CHRISTI § IN THE COUNTY COURT § V. § § ATLAWNO.~ STEPHE~i JOHN MACDONALD and § § the VET~ANS LAND HK3ARD § NUECES COiJNTY, TEXAS O~GINAL PETITIO N FOR C ONDEMNATION TO THE I~ONORABLE 3UDGE OF SAID COURT: T~tc CiTY OF CCIItPUS CHRISTI, Plaintif~', exercising the power of eminent domain co~erred ttpon it by Texas Local Govcmment Code Chapter 251, and by virlue of Texas Praperty ~ode, Chapter 2I and its City Charter and Ordinances, fites this Original Petition for Co~rdemt~ion against STEPHEN JOHN MACDONALD and the VETER.ANS LAND BOARD of tl~e Sta~e of Texas, Defe~dants, and woutd respectfully show: r , I PAR 1.1 Pl~tttif~', City of C~rpus Christi, is a home-rule municipal corporation operating under a hotme rula~charter in the City of Corpus Christi, Nueces County, Texas, aud having by law the rig6t of e~inent domain ~d power of condemnation, acting herein by and tlurough its duly eEet~ted ar~ authorized City Council for and on behalf of the City of Corpus Christi. 1.2 De~andant, Stephen John MacDonald, the owner of an equitable interest in the subject property, is a resident of Nueces County, Texas upon whom notice can be served at 1~I8 -~ Lor~boat ~ttive, Corpus Cbristi, TX 78418 ~ I ~Qmr c cmi~-~i~v ~ oc=~pq c --+~-a ;:;ino~ D ~~ ~ ~ a ~`~a~r~.- W ~ u~ • ~ 4.1 Ttwe permanent Utility Easement is to be used, from time to time, for the municipal purpose of free ingress, egtess and regress to and for the City of Corpus Christi, Texas and its frar~chisees, to construct, lay, inspect, service, repair, rnaintain, operate, keep and remove mu~icipal public utility lines and franchised urility lines within the easement herein described. 4.2 T'lre permanent Right of Way Easement shall be used, from tirne to time, for the m~cipal purpose of free ingress, egress and regress to and for the City of Corpus Christi and its ltanch~es, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and rel~d a~urtenances within the easement described for the public use hy foot, with autt~obii+~s, carts, carria~es and all other vehicles and all other means of trai~sportation ncc~sary <>rr convenient at all times and in all seasons, on, over, under along and upon said easasnent, as well as to lay, operate, inspect, replace, repair, service and maintaiii municipal pubiic uti~ty lines, starm sewers, and franchised utility lines in, on, over, under and along said easwnent. 4.3 T}te temporary easanent, referred to herein as the Temporary Canstruction Easement, is t+tt be usod as an exclusive easement from time to time for the municipal putpose of the free and unintar~upted use, libarty arid privilege of going in, on, over, under, and along the easernettt area„ adj~nt to the abov~ described perruanent Utility Easanem to be used for working room ana i~ sto~e materials and tnachinery during the construction of the inida( water transmission lnte witl~in the ~tormanent Utility Easement and until corrtpledon and acceptance thereof by the city 1Vla~gcr atthe City of Corpus Christi; whereupon this temporary easement will terminate. 4.4 P~ntiff shall have no right to fence the permanent easements Plaintiff shall have no rigl~t to w~e any of Defendant's property outside the easements tterein des~ribed. It shall be a furtfier ex~ess timitation cin the said easement, that Plaintiff shall, from time to time, after any i981id V2 1.3 DGfendant, Veterans Land Boazd of the State of Texas, is the fee owner of the sub~ect pz~t~erty and may be served by delivery of notice to it Chairman, John Patterson, 1744 Cort~ess Avenue, 19`~ floor, Austin, Texas. II ,T~IRISDICTION 2. T~re County Court at Law has jurisdiction of this proceeding pursuant to Texas Property Code Se~~tun 21.401. III PROPERTY TO BE CONDEMNBD 3.1 Pl~ir~atiff, through ~s goveming body has determinod it to be n~cessary in the public int~est ta acquire certain ~nnanent and temporary easemer~ts on Defendant's property in Nuaces County, Texas. 'F#~e permanent easements sought consist of a IS' wide and b60' long Uti~y Eal~ncnt and an ~ijacent 10' wide and 660 tong Right of Way Essement containing a conq~bined ~tea of 0.38 acre~ of land more or less. The temporary easement sought consists of a 50' wide alnd bC0' long Tamporary Cons~truction Eeserrztnt adjacent to thc Utility F.asement and co~ins a~ erea of 0.76 aa~es of land more or less. 3.2 Tb~ Defendant's p~peity consists of 24 acres of land located in Lot 19, Soction S1, Flour Btu~' and ~cinal Farm an~l Garden Tracts, a subdivision of Nueces County, Texas. 3.3 The easemonts herein sought and DefendanYs property are morc particularly described in ~thibits "A" and "B" a~ached to this Petition and adopted by this refercnce as a part thereof for ar~~ purpases. N PUR.PQSE ~'OR CONDEMNATION Pls~tiff seeks the r~t to use and will use the easements for the following purposes: 196t~ V2 co~tructit~, laying, servieing, repairing, maintaining, replacing or removing public utility lines, res~re the surface of the land within the easement areas as nearly as practicable to the same condition s~ existed prior to such use. 4.5 Tl~ie rights of Plai~iff to be acquired aze essement rights only, and there is reserved unto Def~nda~,, their heirs, executors, successors and assigns, the usa and enjoyment of thc easements sub~ect aa~y to the dominant right of the Plaintiff to the full use and enjoyment thereof, without interferene+e for the purpos~ for which the same are sought. De€endants can ercct no ~reimanent stru~tures within the germ~tnent eas~nent othtr than those hereinaftor stated; but it is an express lirt~tadon on Plaintiff s rights sought herein that Defendant shall have the right, subject to exi~ting ls~+s, ordinances und regula~ions at the time, to cross the permanent easement with roa~, drir~°uvays, pipes and fences with gates for Plainti~'s essement use, so lang as the sazne are it-stall~ so as not to uBreasonably interfere with safe operation of utility lines constructed or laid unda t#te terms of this easement. V OWNEiLS OF THE PROPERTY 5. T,t~ Plaintif~' hsts dotermined that the Defendants are the persons who ovm or claim some 'tnta~rst in ~tc property beisg condemriod. VI UNABLE TO AGREE 6. Plaintif~' has been ~nable to agree with Defendants on the damages to which they are enti~od for such acquisiti~n. Further negotiation would be futiie. All conditiuns precede.nt to fili~ this (o~ndemnation adion have been satisfied. 1961~ V2 W~EREFORE PREMISES CONSIDERED, Plaintiff prays that Speciai Commisaioners be a~point~ci to assess the amount of damages to wiuch the Defendants are entitled according to law, and t1~at a judgment be entered on the Award of Special Commissioners vesting in the Plai~ttii~; C~ty of Corpus C'hristi, title to the permanent easement sought on the subject property and nwarc~g compensati4n jointly to the Defendants or as otherwise as allawed by law, assarsing t~ amount of costs, and granting such other relief to which the Plaintiff may show itaei~' to bo +entitled. RaspoctfWly submitted, WELDER, LESHIN & MAHAF~'FEY, L.L.P. By: A. Coha, Jr. State B~r No. Q4S 14000 80Q N. Stwrelina, Sui~e 300 North Coipus (~risti, TexAS 78401-3709 Telepho~ne: (361) 561-8000 Telocopier: (361) 561-8001 ATTORNEY FOR PLAINTIFF CITY OF COAtUS CHRIBTT ~~st~v2 3 ~ ~ ~..-- . , .. ~ ~ - ~ ~ ~~ ~ ENGINEERING (361)~54-3101 P.Q. BOX 6355 • CORPUS CHRiSIt, TEXAS 78466-6355 E~T A TRA~T~ STATBUF TB~I\S COUN't"Y OF ~JECES Job No. 33760.A2.Q5 1a~iuary 31, 2005 FAX (3b 1)854-60Q 1 Fi~d~les for x t 5.00 ~ wide utility asement oW of ~ 20.00 acre tn~d ot laad out of Lot 19. Sedion S 1, Flour H~' a~i E~cil~ Farm and Clard~t Tads, a map ot whid~ a reoordoa i~ Vdw»e A. Pag~s 41-43, Msp Reoor~ of Nuecet Co~t~r, Tex~.~d bein~ d~e I~d +~escrii~ed 'a~ deed ra~rded in Document No. 199607331 S0, OA'icial PuWic Reeorda of Nuace: Couat~, ~'eaca~, srid utility Msement being fiirtha desc~ibed aa follows: Se;e~ at ~ paint on tt~e souWeast boundary of a 20.00 acro ursct of land out of Lot 18~ Section S I, Flow Btuff a~d F.n~al Fa~ aud t3~ien Tae~. u dacribe~ iu deed noor~der in Doc~naN No. 200~ 1 s 13a, Ofii~iat Pubtic Record~ of Th~eoa ~ntr ~c iei~= tlie aa~west borndary of ssid ~0.00 sae tnd ort d Ld ! 9, Section S 1, ~r tbe north cvt»a of tbis ~e~~, ~ whieM ooraa ~~atection of ~aid aal6wdt bowtdirp w~ Uie exist~ sou~wat bouadary of Yo~ ~a ii1 f~oot wYe ~ublic rwdw~y, bcacs Norl~ 2t°33'24" Eak, a dist~oe of 10.00 ~'ed ~nd froai which PoiM e~i ' a Nation~! Qeo~etk Surny monument stamped "SS-t00° be~rs North 73°~Y30" West 29,133.Ot fat aud saotfier~lat' t3eodetic Survey soaument stamped "SK-0~Ef" beara Norti~ b0°SE'tE" Wpt 8,OS7.87 feet; Th~c~, Sou1h 6l°26'36" ~sat, with ~e oaiheut bouad~ry of this esx~t, ~arne bein~ We propo~ed southwest 6a~da~ of t9~ ~ot vrida Ycxkto~a Boulevud, ~a pet the Corpus Auisti U~n Tnat~rorhtian Pha dated Matrh 2003 ~nd p~ndld ~rith t~~nterline of stid Yorktown Boulevud and SQ.00 &et distaal Were Gom, a~e~surod q~ht angks ihuebo, • dist~aosaf 660~9 [oet to a point ai the common bonndery ofLds 19 and 20, said Section S l, for the ast oorna of tl~is easaae~t Thena~ South ZS°33'2~" MYat. along the common bounduy otsaid Lots 19 and 20, t disfance of IS.00 feet fa the ptt ca1~tr of ti~ eau~mt; ?heap~, ~Iorth 6l°26'36" West, with the so~thwest boundiry ot lhis easanept~ para!!el wilh tha ceaterline of ~sid Yorktow~ Bo~i~rd Md `S.OQ kd distant there iraa, meawied at ri~ht m=1~ ~uao, a d~aoce of 660.00 teet to tf~e ~i'oranr~o~al ~wnmon baendary M'~aid 20.00 sae tran out of Lot 19. Sectiat S! ~nd said 20.00 acre tract out of Lot l6, Section ~I ~ fbr ~ vrest corner o[ tl~t aaement; ~1+en I~oMh 2a°33'24" ~st, with siid c~mmoo bounduy, seme beiu~ 1he narthwest boandary said 20.00 acre tnct ou! ~f ssi~ 14, Sxtion 3e ad the northwest boundary of this easement, 15.00 feet to 1he Point of Begineing and containill~ 9,90~t~0 s~uue feet of i~d. _ 0 ~p~tbased on OPS be~lrings, NADi3. Texas Sout!- Zo~e. I~tuional Oeodetic Survey monumaita "SR-070" {Nc~rth e~tditq~lr 17,123,255.156~ East coord~ate = 1,351,9~6.5964} ~nd "SS-!00" (Norlh coordinate ~~7,127~465.32a4 Ea~l eo~llinate +~ 1,336,023.3235) ware uaed as coatrol pointa for atsbliahing ba~is of bearing. Coordinatea ahown sre based oa Tex~ State P1Mnc Coord'mue Sy~iem, South Zone (NAD83). URBAN EN(3INEERING ~ ~a~ ~ Juaa I. 3dazar, R.P.L.S. Licenae IVa. 4909 • CORPUS CNRISTI. IEXAS 18404 ~r ~ •r ~ moN@txban~ng.com '_ ~' 11`~.~,r . ~ "~ ~ ~ ~ ~ * ~ ~ ~~ ~q,~ iC! Iqt~ '~i-, ,. ~ I ~ 1 ~. ~ ~ _.__. ': ~ --. .. _ _~ ~ ~ ~ ^~ ~ ~ ~ ~ ~ ~ r , ~ ~ ~ ~ j ~ ~ ~~~ ~ ~ ~~ t i~~ f~ ~ a t ~ ~ I ~ ~~~ ~~ ' ~ ~ '~~ i ~~~T ~ ~ ~ ~ I + ! ~ ~ ~~,~! ~ , ~ I'~ I ~ ~ I ~_ ~ ~ ~ ~~~~ ~~ ~~ r r ~~~ ~ ~~ i v ~ ~ ~ ~ ~~~ i ~ ~~ r i ~ ~ , ~ ~ ~ ~ ~ ~i q ~ ~ i ~ ~ ~ .~ ~ i ~ i i ~ ~~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ i i r ~ i ~ ~ i ~ i l ''°°' i ''~ ' s„~ ~'",, CAUSE NO.OS-61327-1 CONDEMI~TATION FROCEEDING CtTY ~ CORPUS CHtISTI § IN TfiE COUNTY COURT § VS, § AT LAW NQ. ONE § S't'ICPH~ J4HN MAC~ONALD and § th~ VET~RANS LAND ~OARD § NUECES COUNTY, TEXAS .4WARD UF 3PECIAL COMMISSI4I~F.RS O~t the 8~` day of September, 2005, in the City of Corpus Christi, Nueces County, Texas, the ab~ve cowdemnation proaceding came on to be heard before the undersigned, three disinterested fre~rholddta of Nueces County, Texas, het+etofore appointed as Special Commissioners by the Judge of ~e Co~ty Court at Law No. One, Nueces County, Texas, to assess the damages caused by the cardem~tion procecdings, and the Commissioners procceded to hear evidence and azgument, and mnde the ~llowing findin;s: I. T~tt on the 29`~ daty of July, 2005, the CITY OF CORPUS CHRISTI, as Plaintiff, filed a wri~ten p~ition with the I~trict Clerk of Nueces County, Texas, wherein upon the facts and for the pw~poses ~crein stated, it sought judgment vesting in the CITY OF CORPUS CHRISTI, pe~t-an~t easemcnts and temparary ea,Sement for municipal piuposes, in Nueces County, Texas, all as de~tibed in Plaintiffs Original Petition for Condemnation attached hereto as Exhibit "P' and inaorpor~ed herein for all purposes. 1 199~Z2G vz l, ' ~ /""~ ~',, II. T~t the Judge of tt~c said Court did duly appoint Rose C. Sanchez, Rick Holstein and Randy B~+era, ~ree disinterested freeholders of Nueces County, Texas, as Special C~mmissioners to ass~ss thau damages caused by the talcing of said property. III. T'~ thereafter said Special Commissioners duly qualificd as such, each taking the oath pr~criboi by law, which vaths are on file with the papers in this cause. IV. T~ after having sc~ qualified, said Special Commissioncrs on the lb~' day of August, 2005, by ~vrittea vnier designated and appointed the 2nd day of September, 2005, at 9:00 o'clock a.m. at the JwAy Rooin of County Coe~t at Law No. One, Nueces County Cow-t~ouse, Corpus Christi, Nueces CoBnty, T+a~cas, as the date, time, and place for hearing said petition and parties, said date being the ear~iest p~acticable time a~i such place being in the county in which the land or a part thereof is sit~ated. ~'he hearing was re-set by ageement until September S, 2005 at 9:30 AM. V. Tl~t on thc 16"' dtt~y of August, 2005, said Speciat Comrnissianers issucd written notice of the date ~pd place of the hearing. Defendant Calvin F. Bright was duly served with notice and n~ed is the manner pravided by law of such hearing. The notice with written return of servicc thae+eon b~ng duly filed with the Commissioners on the 8~' day of September, 2005. t99~26 v2 2 .. r~'~ ~"~ VI. T`~a~t on the S`~ day of September, 2005, said Special Commissioners did convene pursuant to ~e-setti~ and Plaintiff the CITY OF CORPUS CRRISTI, appeared by and through its attomey; and D~dants Step~en John MacDonald and the Veterans Land Board ~A.. O~~r (1.~ ~.~ /• l~~ ~A~: ~ I'~~~ Y~~NC/N/ /i11._/1 eO~~I~~Y.~F ,~.o,~.,~~ d Sa~id Special Comtuissianers proceeded to heaz evidence as to the damages that will be sua~in~d ~y the owner and those claiming an interest in such land by reason of the taking of said prc~erty a~d, after hearing and considering such evidence, said Special Cammissioners did find and de~mirie snd, accardi~-g1y, assess damages to be paid by Plaintiff, the CITY OF CORPUS C~tISTT~, to the Defenda~ts, jointly, in the total amount of ~ t~V~,+a...1 ~'~+ov~.,..~ oO d ~~ a~) AND ~dd _/100 DOLLARS (S T~t costs of this prnceeding are adjudged against the ~~e~,,,~ ~/ S~NED on this t~e ~ day of SeptembeT, 2005. ~ ,~~• ` ~ Sanchez, pecial Commissioncr , _ . _ ~. ~ ick Hols~in, Special Commissioner Spacial 3 194326 v2 a~, r"., T~e foregoing Award of Special Commissioners was filed with me this the _~ day of Se~tembe~, 2005. It is ORDERED that each Special Commissioner receive the sum of ~- "_"' $ ~~ as a reasc~nable fee for seTVices in ttus procesding. The Clerk is hereby informed of ~e dee~ion by the Spa~ial Commissioners pursuant to §21.049 of the~exas Property Code. County C~burt at L~~G Na. ~ne, Ny~ces County, Texas p CC~L~~ML~ SEP q; ~ 2005 ~~sv ~z, D~i'RlCT CLEfiK NUECES COUNTY 4 ~s~26 ~a ~r EXHIBIT "i" rro. OS"-l ~.~ ~ 7- I CONDEMNATION PROCEEDING CI'TY OF CORPUS CHRRSTI § iN THE COUNTY COURT § V. § § AT LAW NO. ~_ S'TBPHB~ JOHN MACDt3NALD and § § thc VE S LAND HOARD § NUFCES COUNTY, TEXAS • i ~f •~ •~ •~I~'.,~~.~ •~ TO THE T~NORABLE ~TDGE OF SAID COURT: T$o CTTY OF Ct1RP'US CHRISTI, Plaintiff, exercising the pow~ of eminent domain caaierrod ~pon it by Tea~as Local Government Code Chapter 251, and by virtue of Texas Prarerty C~de, Chaptcr 21 and its City Charter and Ordinancea, files this Original Patition for Coidemu~ion against ST~PHEN JOHN MACDONALD and the VETERANS LAND BOARD ,~ of 1f~t Stat~ of Texas, DefmdAnts, and would respectfully show: '~ I PAR'I'IES 1.1 Plii~tiff~ City of C~rpus C~~risti, is a home-rule mwucipal corporation operating unda a ho~ rula~arter in the CSty of Corpus Christi, Nueces County, Texas, and having by law the rig,ik of e~litiaat domain md power of condetnnation, acting berein by and through its duly eleded ar~ authorized Cityr Council for and on behalf of the City of Corpus Christi. 1.2 De~endant, Stephea John MacDonald, the owner of an equitable interest in the subje~ct pra~erty, is a resident of Nueces County, Texas upon whom notice can be served at 1~18 ~ ~ Lo~rgboat ~rive, Corpus Ciaisti, TX 78418 ~o~~ ~ ~~~a °c.-~-~'~-~i c~N -ao '< ` D ~ ; ~ ~~ ~^R~ ~ o y -v ~ ~ is ~ ~ , . (.°yr~ ~'T~ ~ ' 1.3 Da~ndant, Veteraas Land Board of the State of Texas, is the fee owner of the sul~ct pr~erty and may be served by delivery of notice to it Chsirmaa, Jolu~ Patterson, i 7Q!~ Con~ress Avenue, 19~` floor, Austin, Texae. II JURLSDICTION 2. T'h~ Cowrty Court ~ut Law has jurisdiction af this Pmceedin8 Pursuaat to Taxao Propaty Co~e Secii~ 2 t .001. III PROFERTY TO BE (:ONpBMN~D 3.I P1~irKiff, du+ough its governing body hrs de~ermined it to be necaaey in tbe public int~st t;a acquire caitais permanent and temponry easeanents on Defendaut's pro~rty in Nu~cea C,~nty, Texas. The permuiait easeme~ts sougltt con~st of a 15' wide and 660' long Uti~ly F.a~rnent and aa ardjacent 10' wide and 66Q long Right of Way Easement containing a codlbined ~t+ea of 0.38 acns of la~ more or less. The temporary eaaemcat aought consists of a 50' ~vide ~isd fi60' iong Taetporary Cun~truction P.~sament adjaoent to the Utility Easanent and co~ains aR area of 0.76 ac~es of land more or less. 3.2 Tt~r Defeade~Ys p~paRy co~nsisb of 20 ~cres of land locstod in Lot 19, Sxtion 51 ~ Flour Bl~' and ~pcinal Fum an~ Garde~ Tracls, a subdiviaion of Nuecrs County, Te~cas. 3.3 T!~ easements herwn sought and Defaad~nYa property ~re more particularly de~ibed in l~chibi~e "A" and `B" aKached to tlvs Petidon and adoptod by ttus referanee as a part thereof for ~dl pur~es. N p1JRP03E FOR BMN TI~i Pl~iff sceks the r~t to use and will use the easetr-enta for the following purposes: 198~6 VZ ~ , ~ ' ,-~„1 ~.,"~ 4.1 Tl~ permanent U[ility F,asement is to be used, from time to time, for the municipal pu~pose a~ free ingress, e~tess and regrESS to and for the City of Corpus Christi, Texas and its fra~rrchisa~s, to construct, lay, inspect, service, repair, maint~ain, opgrate, keep and removc mu~icipal ~rublic utility lit~es and franchised utility lines within the easement h~ein described. 4.2 Ti~o permane~t R~ht of Way Fascment ahall be used, from time to timc, for the mulliici~pal pwpose of fre~ ingtrss, tgras and rogross to and fa the City of Corpus Chriati and its ~rancl~ees, to construct, operate, repair and maintain sti~eets, sidewalks, curbe, gutt~s and rel~liod a~rtu~tenances v~in the easanent describod for the pubGc usz by foot, with w~Mtnobi~t, cart~, carri~es and all other vehicks and all oti~ me~s of brantpartation neawasary vr convaniant ~rt all times and in all sessons, on, over, under along and t~ said ~t, as well as to lsy, opente, inspect, rePlace, rePair, service and maintain mwucipal Qui~ic ut~ly lines, storm ~ewtrs, and frmchised utility lines in, on, over, u~der aad along said eaa~ti~ant. 4.3 Ti~ temporary eas~tenent, referred to herein as the Te~npotary Conshuction Easement, is ~lr be ~d as an exciu~+-e easement from time to time for the municipul purpose of the fie~ and ~nint~niptai wc, libarty and privilege of going in, on, over, under, aad along the easanent ~ adjaiNnt to the sbow described paminent UtiL'ty E~anmt to be ueed for worldng room ~~lo staC~s matacisls imd ~achinery during the con~ruction of t~e initial water trananitsion liae wi~in th~ permanent Utility Easement and until compietion and a~ceptance thereof by the city M~gcr a~"the City of Corpus Christi; whereupon tlris temporary easemant will tecininate. 4.4 P'll~intiff shall havAe no right to fence the permanent easeme~ts Plaintiff shall t~ave na ri~(t to u~1e any of Defedant's propeity outsidc the easanents h~rein des~ribed. It shall be a fiu~cr eac~ess liinitation en the said ~asement, that Plaintiff shsll, from tune to time, after any i9a~ vs . .. , , ~ . , _,+~.. ,~'`~ > conl~ructi+~, laying, servic~ing, repairing, maintaining, replacing or removing public utility lines, re~re th~e surface of the land within the easement areas as nearly as practiaable to the sanne cot~ition ~r existed prior tct such use. 4.5 T~ie reghts of Plaintif~' to be acc~uirod are eesement rights only, and there is reserved unto De~ndant~ t~ir heirs, exacutors, succes~ors and ~igns, the use arid enjoyment of the ea~oments aul~ct otliy to the daminint right of the Plaintiff to the fuli uae at~d enjoymeat thercof, without itrt~lfa+e~ee for ttu purpc~e for whic6 the same nre sought. Defendaats can erxt no permanent shvl~u~es ~rithin the pern~ent eaaanart other than tho~e h~aft~ ~tated; but it is aa ~cptesa limi~tion vn Piai~tiff's t~ghts sought herein thst Defe~ant s~hall have tl~-e righ~ wb~~ect to exil~ing Iwvs- ordinances and regulations at the time, to crose the permaaant oasement with roa#s, dri~+vays, pipes aad fcnces with gates for Plaintiff s eastment use, so long as the ssme are ~nstalMwi so as not to ~m~easonably interfero with safe ~n of utility lines constructed or iaic! under ~e terms of ttua eascment. V 5. T!r Plaiutiff h~s d~tenniaed that the I)efendents are the persans who own or cLim aome int~lllcst i~~Mle prope~ty bei~ c~ottdemnod. VI UN,~I~ '~'4 AGRBE 5. Pl~littiff has been ~able to agroe with Defendants on the ds~mages to which they are ent~ed f~rr such acquisiti~n. Further negotistion would be fe~tilc. All conditions precedent to Hli~ tltis ~rndemnation aatio~- have bxn satis5ed. 198~ V2 1 ~.y -~+ VVI~~REFORE PREMISES CONSIDERED, Plaintiff pnys that Special Convniesioners be a~poi~ild to assess tt-c unount of damages to which the Defendants are entitled according to law, and 1~t a judgment be entered on the Award of Special Commissioners v~sting in the Plai~tiff, Crty of Corpus Christi, tide to the peimanant easament sought on the subject pr~perty aad ~twar~ compensat~n jointly to the Defendanta or as otherwise as aliowed by law, assa~lsiag 1~e smount of c~sts, aad gimting such other reliaf to wltieh the Pleintiff may e~ww ibo~ to b~ a~titled. R,apect~Ily su~mit0ed, WB,L.DH~t, Lf3SHII~T & I~SA,HAFFBY, L.L.P. By: ,~jd~rh A. Cobo, hG/ \ ~~StMe B~ No. 04514000 800 N. ShOt~, S'uite 300 Nath Co~pus C~risti, Te~uu 78401-3709 Tel~phone: (361) 561-8000 Telecopia: (36D) 561-8001 ATTORNEY FOA PLAi1VTIFF Cl'fY OF C4RrU8 CHRZSTI 19t~N V2 ~, •i . - - ~ ' ~ ~ ~ Job No. 33760A2.05 ' ~,,~ hnuuy 3l, Z005 _ ~ ENGINEERlNG (361?lJ~+4-310~ P.O, 80X 6355 + CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-60pt ~XHIBiT A STATI~pP S COUN'~Y OF C8S P for s i 5.00 ~ wida ~t~y wanant aN of a 20.00 aore t~d vf tand out of Lot 19, Seqio~ S l, F'lo~ 8h~~~a~i~[+~n~ aiN Ord~ Tacb, a R~p vtwl~idi i~ t+~oM'ded i~ Voiw~e A. Pa~~ 4l-43~ M~ R~oor~ otNse~w ~h~'~ ~R. b~iai ra laud ~r~xibed 'w deed roootdrd ia Docnmeat No. 1996a3331S0, Oflici~l PubHc lteoord~ of ~''~~7-r~~+r, ~i~ wility ~eat bei~; ~rMiar derctibd as btlows: ~t at ~ poi~t on ~ sanhaN boundWy of s 20.Oi aixe aid of had out of I.ot 1~~ Secttoa S l, Fbur Btu~ •d 8a~lw~~M ti~w Trad~. at daa~iNi i~ dad no~e~l~i i~ Do~t No. 200~0t~130. Ol~cial lh~ik R~eoo~dr~ of I~iwea Mi~ M ~a~wwt bwd~ry s~t~i/ MAO aarr tract o~t N' Lat i9, Seellou 3 l, br we nar~ ea~er ot ~M w~k~ oonier ~ i~Mr~ o!'Mid ~o~weit bo~ry a~ Ihs ~thfYS ~aMYa-Nt b~d~-o[ Y ~s t0lbot w~e Prbtie e~adws~-, bMet Na~k ?~i'33'24" F~. a l41~0~ of 10.00 fiM a~ rirow wi~ioii ~i~t , a TiNi~l Qea~eie Srrvs~r moaMa~eat ri~~l "SS-!00" Mn NoNh 73•~7'SO" Wat 29,133.Oi fkt ~d asot6a t ie Sarvey ~onu~aent sWhped "3R-070" ban North i0'S3'tt" Wast i,Of7.=~ ~'eet; 't'h ;~viM6 6 t'2b'36" hN, wiN~ 1be ~otThwd I~ow~i~ry of lkis enel~a~t, awe bc~ Wa p~opo~ed so~Mbwpt bow~dr~ d i~~ot wide Ya~ Houkv~d, a~ per ie Grpw t~r~li U~ Te~apore~lion !Ms ddeQ M~di 2003 tn~l di~laaot~f ~t b po~aa~ the oom~aoa eoand~ry~ f Lots619 asd ,20 ~aid Sect'ioa S 1~ q~e a~eorn~of~tl~~~ ~ ~wR; . Th~ Svwh 21°33'24" Weu, zlon~ 1ke aommoa bonRdry of s~id L.oes 19 and Z0, a dip~aoe of } 5.40 feet 6or the e~ct ~ of q~M eax~na~t; NorIM 61°26'36" ~-est~ witb the ~o~Nhwpt borp~r of thu as~aat~ p~ilel w~iW d~s oaNerliae af ~d Yerk+tor~ a~ iS.00 ~~ish~t d~^a troa~. meawrod a rybi aq~l~ Ibesetoy a di~laoce o[6f0.00 fat b the • ronad~y 1~'~eid 20.00 aae tract ort of i.ol t9, Sectian S l ~nd ssid 20.08 acxe trad o~ of Lot !d~ Sec~on . br w~est can.r of ~ eWemaat; ~ 9'6 ~lottb 2~'33'Z4" ~ w~iltr ~ caa~no~ boia~d~ry. t~a baiy ~e nonhw~est bowdary ~d ~0.00 ~ae tr~ct ouE~ a~i ,~rt 19, Sectioe 3S Nud t6e naihweat bo~u~dary of thts eaaemeat, 13.00 ~ed io the Poi~t of Hagimia~ aiM eontai~ 9 squ~e !at of had. ar eodet ~ar ~ a~ (l~S bal~rln~a, NADt3, Tex~s So~ Zaae. N~I (ieodetic Survey atonwa ~d "~t-070" (No~ ~ 1~~123,2SS.i51~ BaslcootdiaMe~ 1,35l,l~6.S964}sn~"5=-100"{NoMhooordi~uta~ Iy.127,46SJ2i~1 Eat ~inNe ~-1.33l,023.313!} rr!Ke wed sr sonuol poiab [or e~tabli~hina buia of barios. Coordieates iho~va are ~iod on Tex~r~latalNrse CooMintla 3~, Soueh Zone (NAD~3). URBAN EN(3IIVBERING ~ ~~~ 1ua J. 9~{~, R.P.L.S. Lice~k No. ~909 • CORPI~ CHRISiI. TEXAS 78404 ~• ~ •c ~ , < ~~ ,s~ '. 1~ .~.~ .a~ R ~/ i ~ ~ 1= I I 1 r ~ ~ ~ ~ y ~j ~ , ~ ~ ~ ~ i ~~~ ~ ~ ~~~ ~ ~ ~ ~~r I ~ ~ w I ~ ~~ ~ '~ ~ ~~ I ~~~ , ~~ ~' ~ . . ~ ~ ~ ~ ~~~~~ .; CUST~MER URDER FORM F01t CUPIES $1.00 PER PAGE FOR AI,L CO~'IES ~ERSONAL ~HECKS WITHIN NUECES COUNTY, MONEY O~tDERS OR CASA WILL BE ACCEPTED '~ BE CQiK~"~,~ED BY THE CUSTOMER: CAUSE NUM~R: ~~- (v (.j ~ 7 - / ~'~'YLE: C r~Y c~{~ ` G G• vs. 1~~.,~~, n~3~ ~ ~~ ~/~ a n ~~ ~c~ ~'ATLtS: PEl'~ING DI5POSED _ j/ ~ OF COPIES: ~ PfLEASE SPE~'IFY: ( ~ CERTIFIED ( ) UNCERTIFIED ( ) PARTIAL FILE ( ) V~'HOLE FILE ) CALL WI~N READY ( ) WILL CALL BACK ~~'1'ORNEY/F#~,RTY REQUESTING: `~LEPHON~ ~: C+nMMENT~: ^ Ff~t U,_ SE BY DISTRICT CLERK'S OFFICE OlYLY l~me of Deputy Completing Request: Date of Compla~ion: Time: RECE~PT #: OTAL PAG COPIED: COST OF COPIES: TOTAL COST~V/CERTIFICATION: