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Home My WebLink AboutC2006-503 - 8/30/2006 - NAj4 Qvc# 20~604948~ NO. OS-61753-4 1N CONDEMNATION CITY 0F Ct~RPUS CHRISTI § 1N THE COUNTY COURT § VS. § AT LAW NO. 4 § JOSE~H P. ~VENDT, JOSE~'H A. HANSLER, § TOBffi~1 H~#NSLER AND ECKMAN § INVE~TMEIMTTS, LTD. § NUECES COLINTY, TEXAS JLT~GMENT IN ABSENCE OF OBJECTION That, on the date below written, there came on to be heard and considered the Award of Speci~tl Cornmissioners filed on the 19th day of October, 2005 with the Judge of said Court under the above entitled and numbered cause, which is a condemnation proceeding in which the City of Corp~ Christi is Plaintiff and Joseph P. Wendt, Joseph A. Hansler, Toben Hansler and Eckman Inves~nents, Ltd. are Defendants. lt ap~earing to the Court, and it is so found, that no objections to said Award were filed within the time allowed by law nar as of the date hereof, and that said Award has been filed with the C~rk of this Court; IT IS THEREFORE, ORDERED, ADJLTDGED and DECREED by the Court as follows: That said Award of Special Commissioners be, and the same is hereby confirmed and adopted ~nd made the Judgment of this Court; 2. That the Clerk of this Court record this Judgment and the Award of Special Comraissioners in the minutes of this Court; ~ ~ ~ ~ ~ ~~ ~~ ~W ~~~ ~~ ~"_ , , ~ --' U ~ ~--~ ~ j ~:~~ ~ ~~ ~~~s I~,~' 2Oi)9'~ 2006-503 1 fi~'AT~Y ~~REZ, C'~__~;C7' CL ~-.;~. ~~~UE~ES .. . ~;~e~lTY O8/30/06 W~ndt, JosepiE P., et al ~~p~~(ED 3. That by virtue of the Award of Special Commissioners, the Plaintiff, City of Corp~s Chri~ti, is entitled t~ be vested with, and does hereby have Judgment against the above named Def~~dants vesting in it those certain permanent and ternporary easements and easement rights in Lo~ 23, Section ~ l, Flour Bluff and Encinal Fann and Garden Tracts, a subdivision of Nueces County, Texas, as more particularly described in Plaintiff s Original Petition for Cond~mnatio~ included and adopted as a part of the Award of Special Commissioners, a copy of which Award of Special Commissioners is attached hereto as EXHIBIT "1." and adopted as a part lyereof for all purposes; 4. That by virtue of the Award of Special Commissioners, the Defendant is entitled to recover from the Plaintiff, City of Corpus Christi, the sum of Eleven Thousand Five Hundred Dolla~s ($11,500.00) and does hereby have Judgment against the Plaintiff for said amount; and it appeat~ing 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 and withdrawn there from by the Defendants, Joseph P. Wendt, Joseph A. Hansler, Toben Hansler and Eckman Investments, Ltd., that this Judgment is enter~d fully satisfied; and ~. That the costs of these proceedings are assessed against the Plaintiff as provided in the Award of Special Commissioners. SIGNED this the ~ day of . 2006. James Kl~er, Jyt~e, County Court at Law No. 4 Nueces ~ount{, exas 200975 ~ L NO. OS-61753-4 CONDEMNATION PROCEEDING CITY OF C()RPUS CHRISTI § IN THE COUNTY COURT § V. § ~ AT LAW NO. FOUR JOSEPH P. WENDT, JOS~PH A. HANSLER, § TOB~1 HA~TSLER AND LCKMAN § INVF.STME~1'TS, LTD. § NUECES COUNTY, TEXAS A~ARD OF SPECIAL CC?MMISSIUNERS On the 19`~ day of October, 2005, in the City of Corpus Christi, Nueces County, Texas, the above cond~nation procealing came on to be heard before the undersigned, three disinterested freehcc~ders of Nueces County, Texas, heretofore appointed as Special Commissioners by the Judge of the Count}+ Court at Law No. Four, Nueces County, Texas, to assess the damages caused by the conde~nnatian proceedings, and the Commissioners proceeded to hear evidence and argument, and made t~e foll~wing findings: I. That on the 29`t' day of September, 2005, the CITY OF CORPUS CHRISTI, as Plaintiff, filed a writtean petition with t~e District Clerk of Nueces County, Texas, wherein upon the facts and for th~ purppses therein state~d, it sought judgment vesting in the CITY OF CORPUS CHRISTI, perma~ent ~ements and temporary easement for municipal purposes, in Nueces County, Texas, all as de~eribed in Plaintiff's Original Petition for Condemnation attached hereto as Exhibit "I" and incorp~rated herein for all purposes. ERHIBIT "1" 200060 II. That the Judge of th~ said Court did duly appoint Hollis Porcher, Thomas W. Stewart and Willi~tm S. Minor, three disinterested freeholders of Nueces County, Texas, as Special Cornt~issioners to assess the damages caused by the taking of said property. III. That thereafter said Special Commissioners duly qualified as such, each taking the oath prescribed b~ law, which oaths are on file with the papers in this cause. IV. That after having so qualified, said Special Commissioners on the 3rd day of October, 2005, by w~itten arder designated and appointed the 19`}' day of October, 2005, at 9:00 o'clock a.m. at the Jury Room of County Court at Law No. Four, Nueces County Courthouse, Corpus Christi, Nueces Coun~y, Tex~s, as the date, time, and place for hearing said petition and parties, said date being the earlie~t practicable time and such place being in the county in which the land or a part thereof is situatad. V. That on the 3rd day of October, 2005, said Special Commissioners issued written notice of the date and plu;e of the hearing. Defendants Eckman Investments, Ltd., Joseph P. Wendt, Toben Hans~er and ~oseph Hansler were duly served with notice and notified in the manner provided by law of such hearing. T'he notices with written returns of service thereon being duly filed with the Com~issio~~ers on the 19`h day of October, 2005. 2 200060 VI. That on the 19`h day of October, 2005, said Special Commissioners did convene pursuant to ~se~ng at~td Plaintiff the CITY OF CORPUS CHRISTI, appeared by and through its attorney; and Defendants Eckman Investments, Ltd., Joseph P. Wendt, Toben Hansler and Joseph A. Ha21S~L7 ~/~'~b qJ ~~Oli{ .' ~6~'A~~/'n ~~l /I~t~l /H~f ~~i~'J/~~ `./~. EL~~74~ J7'- ~s.f~I~ I~, i/,~bf/~~- a rtr~rtl :h s t~~o~ • Joc~~ ~- 1~~.~~ G b~ 7v~if /`~~I-f~tl-- d t ~ rlI ~ a ~'> !'~I~ Said Special Commissioners proceeded to hear evidence as to the damages that will be sustai~ed by the owners and those claiming an interest in such land by reason of the taking of said prope~ty and, after hearing at~d considering such evidence, said Special Commissioners did find and deterisine ar~d, accordingly, assess damages to be paid by Plaintiff, the CITY OF CORPUS CHR~STI, to the Defendants, jointly, in the total amount of ~ Ie ve ri - 1~ O U~ 4 R~ _ ~ w ~. I~..~ vY1 ~ Y ~ _AND ~ ~ /100 DOLLARS ($ 1 ~ . .5~~ - O 4 ). The costs of this proeeeding are adjudged against the P~ at + n i~~ TH SIG~ED on this the ( q day of October, 2005. ~ ' Hollis Porcher, Special Commissi er , Thomas W. Stewart, Special Commissioner y~,,~~ ~~-'~,.'~ ~ William S. Minor, Special Commissioner 200060 The foregoing Award of Special Commissioners was filed with me this the day of Octob~r, 20Q5. It is ORDEI~ED that each Special Commissioner receive the sum of l/r/~~' as a reasonable fee for services in this proceeding. The Clerk is hereby informed of the decision by the Sgecial Commissioners pursuant to §21.049 of~Texas Property Judge J ~ ~~I~la~r ~ ~ County at L No. o, Nueces County, Texas 2oao6o 4 E%HIBg'Q' "I" No. G ~ - ~ ~ 7.5~3 - ~ CONDEMNATION PROCEEDING CITY OF CpRPUS CHRISTI § IN THE COUNTY COURT V. § § § AT LAW NO. ~_ JOSE~-H P. WENDT, JOSF.~'H A. HANSLER, § TOBflI~i H~SLER AND ~KMAN § INVE~TM~'TS, LTD. § NUECES COUNTY, TEXAS ORI~INAL PETITION FOR CONDEMAIATION TO THE HQ~ORABLE JUDGE OF SAID COURT: The CITY OF CORPUS CHRISTI, Plaintiff, exercising the power of eminent domain conferRed upon it by Texas L,ocal Govemment Code Chapter 251, and by virtue of Texas Proper~y Code, Chapter 21 a~d its City Charter and Ordinances, files this Original Petition for Conde~enatia~ against JOSE~H P. WENDT, JOSEPH A. HANSLER, TOBEN HANSLER and ECICIV~~1N IN'VESTMENTS, LTD., Defendants, and would respectfully show: I PARTIES 1.1 Plainq~' City of Corptts Christi, is a home-rule municipal corporation operating under a home role-ch~ter in the City of Corpus Christi, Nueces County, Texas, and having by law the right of emir~t~t domain and power of condemnation, acting herein by and through its duly elected ~nd a~orized City Council for and on behalf of the City of Corpus Christi. ~ ~ `I~ ~ 1.2 Defendent Joseph P. Wendt, the owner of an interest in the subject property, is a re~erlt ~~.-"~~ cn r,:,:,: ,:;r~ of Nueaes Cc~ty, Texas up~n whom notice can be served at 5010 Cascade, Corpus C~ist~, ~ f~~ ~~~ ~ : -- ~ _; =~ ~ Texas 7~413. ~ : D ; -:; I •`ir~, .A ~ i,-~~..~-c~ ~'J ?y R°N ,~ v ~ J ~ --< 1.3 Defendant Joseph A. Hansler, the owner of an interest in the subject property, is a resident of Nueces County, Texas upon whom notice can be served at 1515 Caribbean Drive, Corpu~ Chrieti, Texas 78418. 1.4 Defendant Toben Ha~nsler, the owner of an interest in the subject property, is a resident of Nuecet County, Texas upon whom notice can be served at 810 Roseanne Street, Corpus Christi, Texas 78418. 1.5 Eckr~~tn Investmentg, Ltd., the owner of an interest in the subject property, doing busine,~s in I'~Iueces County, Texas whom notice can be served by serving its registered agent, L,aurie N. Eclanan at 302 Ddphin Place, Corpus Christi, Texas 78411. II NRISDICTION 2. The County Court at Law has jurisdiction of this proceeding pursuant to Texas Property Code S~ecrion 21.001. III PROPERTY TO BE CONDEMNED 3.1 Plain~~, through its governing body has determined it to be necessary in the public interest to a~uire certain permanent and temporary easements on Defendants' property in Nuece~ Cour~y, Texas. The ~,ermanent easements sought consist of a fifteen foot (15') wide and six hu~idred t~irty seven ax~d 25/10(? foot (637.25') long Utility Easement and a ten foot (10')wide and six hundred f~rty-two and 79/100 foot (642.79') long Right of Way Easement, adjaceitt to ttYe north boundary line of the Utility Easement. The Utility Easement and Right of Way Eaeemet~t contain a cor~ined area of three hundred sixty-five one thousandths (.365) acres of land t~ore nc less. The ter~orarv easement sought consists of a fifty foot (50') wide and 628 and 96~100 ~ot (628.96') long Temporary Conshuction Easement adjacent to the south 199516 v2 bounc~ry of the Utility Easement and contains an area of six hundred eighty-two one thousa~dths (.682) acres of land more or less. 3.2 The Defendants' property consists of eight and five hundred seventy-nine one thousaitidths {8.579) acres af land located in Lot 23, Section 51, Flour Bluff and Encinal Farm and G~wrden Tracts, a subdivision of Nueces County, Texas. 3.3 The €~sements herei~ sought and Defendants' property are more particularly described in Exltlibits "A" and "B" attached to this Petition and adopted by this reference as a part thereof for all purp~es. N PURPOSE FOR CONDEMNATION Plair~seeks the ri~t to use and will use the easements for the following purposes: 4.1 The permanent Util~iy Easement is to be used, &om time to time, for the municipal purposle of f~e ingress, egrc~ss and regress to and for the City of Corpus Christi, Texas and its franch~ees, to construct, lay, inspect, service, repair, maintain, operate, keep and remove munici~al pui~ic utility lines and appurtenances within the easement herein described. 4.2 The paetmanent Rigl~t of Way Easement shall be used, &om time to time, for the municipal puq~ose of free i~gress, egress and regress to and for the City of Corpus Christi and its fra~hiseos, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and related appt~Eenances witt~n the easement described for the public use by foot, with automtibiles, carts, carriage~ and all other vehicles and all other means of transportation necessa~ry or c;onvenient at all times and in all seasons, on, over, under along and upon said easema~t, as well as to lay, operate, inspect, replace, repair, service and maintain municipal public ~ility ~nes, storm se~wers, and franchised utility lines in, on, over, under and along said easem~t. 199516 v1 4.3 The temporary easement, referred to herein as the Temporary Construction Easement, is to be us~ as an exclusive easement from time to time for the municipal purpose of the free and u~tinterrr~ted use, liberty and privilege of going in, on, over, under, and along the easement area, ~udjacent to the above described permanent Utility Easement to be used for working room and to store materials and machinery during the construction of the initial water transmission line within the p~nnanent Utility Easement and until completion and acceptance thereof by the city Mana~r of the City of Corpus Christi; whereupon this temporary easement will terminate. 4.4 Plait~tiff shall have no right to fence the permanent easements. Plaintiff shall have no right tc~ use ~y of Defend~nts' property outside the easements herein described. It shall be a further expr~ limitation on the said easement, that Plaintiff shall, from time to time, after any constr~ction, laying, servici~g, repairing, maintaining, replacing or removing public utility lines, restore the stgface of the land within the easement areas as nearly as practicable to the same condit~n as ~tisted prior to euch use. 4.5 The cig~hts of Plaintiff to be acquired are easement rights only, and there is reserved unto DefendN~nts, t~eir heirs, executors, successors and assigns, the use and enjoyment of the easema~ts s~~ject only to t~e dominant right of the Plaintiff to the full use and enjoyment thereo~ with~t interference for the purpose for which the same ~e sought. Defendants can erect no perntanent structures wittun the permanent easement other than those hereinafter stated; but it is an e~ress l~nitation on Pl~intiff s rights sought herein that any pipelines installed by Plaintiff or its fi~nchis~es shall be buried below ground except for necessary above ground appurtenances and D~enda~ts shall have the right, subject to laws, ordinances and regulations existing at the time, to crosa the permanent easement with roads, driveways, pipes and fences with gates for 199516 v2 Plaint~ff's easement use, so long as the same are installed so as not to unreasonably interfere with safe o~eratic~n of utility lines constructed or laid under the terms of this easement. V OWNERS OF THE PROPERTY 5. The I'~aintiff has determined that the Defendants are the persons andlor entities who own or cla~n sor~e interest in th~ property being condemned. VI UNABLE TO AGREE 6. Plairrtt"ff has been uuable to agree with Defendants on the damages to which they are entitle~l for ~ch acquisition. Further negotiation would be futile. All conditions precedent to filing ~is co~iemnation action have been satisfied. WH~~EFORE PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appbintec~ Eo assess the a~-ount of damages to which the Defendants are entitled according to law, a~td that a judgment be entered on the Award of Special Commissioners vesting in the Plainti!#; City of Corpus Christi, title to the permanent easement sought on the subject property and av~rarding compensatioa jointly to the Defendants or as otherwise as allowed by law, assessi~tg the amount of cos~s, and granting such other relief to which the Plaintiff may show itself t0 be e~ttitled. Respectfully submitted, WELDER, LESHIN & MAHAFFEY, L.L.P. ATTORNEY F R pL IFF By: ~" Jos A. Cohn, Jr. State Bar No. 04514000 800 N. Shoreline, Suite 300 North Corpus Christi, Texas 78401-3709 Telephone: (361) 561-8000 Telecopier: (361) 561-8001 19951b v2 ~ ~ Job No. 33760.A2.05 ~~~~ Reviscd: Sapt mb~er 26, 2005 ENC3INEERINC~ (361)8b~3101 P,O. 80X 63b5 • CoRPU3 CHRI9TI, TE}(Ag 78q66_6366 FA~c ~361 ~a~4-bp01 ~~ ~ta o~' T~ Couaty of'~wcae ~r ~ 15.00 tbot~ utllity aau~t out o~ a~ 8.579 ~ore ttsot of 1~ out of Lot 23 ~~.~. ,~ ~~ ~~b- t~ of wl~. L r~oo~d ~ Volmw M~p ~~oa~e+d~ of N~ ' d~d $1 dNd ~+~coeded ~ Ctiaic'j F31e No. 1 A- ~ 41-43~ no~ ~0~ Ca~tY, '~u; ai~! 9~~a, Oetci~l Pablio R~cords of ~Y e+~mamnt bN~ ~ d~ibed a~ touowa: ~t ~ poi~t op dte ~~y~, ol~atd t.379•~are tnoc Nu of Lot 23, S~tlcsv 31. Fvr th~ ~ coen~r ot dl~os of ~~] ~o ~ioelb ~otmt ota~W Lot Z3. bars NaA6 OO~Y2~46~+ Wat 11.43 &~ tbwa Noed~ 61 31" a ~ 16osar Naik 2~'39'Z4 ~ a~oe of 40.00 ~et ~r,d ~ wblol~ Pdst °~ ~ ~ ~i' ~t ~ed "~5-100" bew f~ialth 72°46'04" Wat 31~76~.E,9 tbet ~nd anot~r N 9usv~- ma~nt~ut ~ped "SR-070" b~ Wocdi 61'~S'19" Weet 1~,735.22 b~ T~. ~ 61°25~3b" B.~, w~h me oart~ bo~o~ry ordfl. a..e~ea~, aam. be~ ~ ProDe~ed .ou~wesc ~ P~'~~ ~~ ~~ of s~id Yq~~to,~ ~~~~~ C~ U~bm lkaupa~Woa Ptan d~aQ M~e+oh 2003 ald dY~moe vf 72S yo a Boaleva~d ~ad 3Q.00 ~et ~t t6e~a ~+~, ~ at rl~bt of wliioh 4" a~~ ~~~~°tLot Z4-A. Flow~ Hh~tland S~cloal Fs~ ~ ~~atetq s ~aed~~C Vol~ ~7, p~e 43, M~p R#axd~ of Nwow Cvumy- T~. and da~tlbd ~a ~ a~P ~~ ~~ ~~ ~~~ CamtY~ Tex~, s~na bdn~ t!-~ ~~, ofas~d 8.~ ?a°34'49" We~ ~ d~ of 15.00 ~t dpn~ tb~ pt~ ~S ~ ~` " o~ ~a1d I~o! ?A-A, ~nr t5e aaath oornet of thie ~;~ of +aid a.S'79 aa~ tract, ume Y~~ 61426•36" W~ wltb t~ ~out~we~t bptw~, ot~ ~~ wlqt dte vea/aa~e of sdd i3.0Et b~t d~ t~e,r n'pm. menyr~d at rt~ ~~q ~~~ ~~ of 623.96 fait W eha wat bo~ndlry ol~kl ~ ~a+e tr~eK, lior f~e w~ ootaae of d~b w~ •. . ~. ~ t ~. ~~n °~~ ~~'~°'°8 a~s no~twac boundsy ar.~w a.s~rs .an ~acc .aa t~ mrcu.veu botma,ry pt' ~~bi ~ a'0~ 9.~6•7~ iqu~e+e ~eet otl~od. ~~ B b~d ca CiPB beni~NAD~3, Texa Sw~th ~l.o~o~. I~I~daasl G~od~tla 3urr~ey monumonq "8R-070" " ,1~,~.ss.1363 ooot+A~~~ I,3si,~.»b4) ~sd "33~-i00" p~ ~ -1 ~rt wMi a aontrnl po~da f6r ~ °0ad~e s 17~ 127~61.3Z14 oa Te~ca S Pf~~. ~i b~t o~~ Cooedlnu~ ~t,aw~a are ~d SY~. so+rth Zooe (NAD39): URB~-N BNC3INEBR~NQ G~ ~ ~ ~ ~ Ju~a 7. 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