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.
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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
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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
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~ 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
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Juaa I. 3dazar, R.P.L.S.
Licenae IVa. 4909
• CORPUS CNRISTI. IEXAS 18404 ~r ~ •r ~
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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~,
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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~~
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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
.
.. , , ~ . , _,+~.. ,~'`~
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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 ~
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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: