HomeMy WebLinkAboutC2006-504 - 9/15/2006 - NA!~
Doc~. ~006~48493
NO. 04-61265-2
CaNDEMNATION PROCEEDING
CITY OF CORPUS CHRISTI * IN THE COUNTY COURT
*
V. * AT LAW NUMBER 2
*
S~ASIi3E CEMETERY, INC., *
A CORPORATION * NUECES COUNTY, TEXAS
JUDGM$NT IN ABSEL~iCE OF OBJECTIONS
4n August 12, 2004, came on to be heard the above-entitled
a~d -numbered cause and CITY OF CORPUS CHRISTI, Plaintiff,
appeared by Attorney of Record JERRY DORSEY, and Defendant,
SEASIDE CEMETERY, INC., A CORPORATION, appeared by Corporate
o€ficer, and all parties announced ready far hearing at the Jury
Room of County Court at Law Number 2, Ro25m 702, the Nueces County
Courthouse located at 901 Leopard Street, Corpus Christi, Texas.
The Sgecial Commissioners heard this proceeding for the purpose
of assessing dan-ages resulting from this proceeding in Eminent
Domain. The Conunissioners having met, heard argument from both
~artiss, deliberated and assessed damages according to the Award
af S~ecial Commissioners filed with the Clerk of this Court on
August 12, 2004.
The time period pursuant to Section 21.018 Texas Prot~ertv
ode, Appeal From Commissioners' Finding, having elapsed and no
party has filed an objection to the finding of the Special
Commissioners, the Court hereby confirms the finding of the
~peckal Commissioners.
2006-504
09/15/0~
s~aside Ce~ery~ ~~DE~~~
It appears to the Court that all legal prerequisites for
this cause have been duly satisfied, and it appears to the Court
th~t the Plaintiff, CITY OF CORPUS CHRISTI, has the right to a
Judgment to be entered on the Award of Special Commissioners
veatinq the Plaintiff, CITY OF CORPUS CHRISTI, the easement in
this cause and regarding the following properties:
IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED THAT an easement
is hereby awarded to Plaintiff, CITY OF CORPUS CHRISTI, for the
municipal purpose of, from time to time, contracting, laying,
oplerating, inspecting, servicing, repairing, maintaining,
re~lacing, keeping and removing public utility lines (including
a}~ve and below ground appurtenances incident thereon) being
(1) a five foot wide permanent utility easement on 2.03
acres of land, more or less, and an
ea~em~nt out of 2.03 acres, Lot 10,
Volume 81, Page 101, Map Records of
and adjacent to its West boundary w
H~qhw~y No. 357} and,
(2} a five foot wide permanent
11.0 foot wide temporary
Block 17, Rodd East Edition,
Nueces County, Texas, along
ith Rodd Field Road (State
utility easement on 1.17
acres of land, more or less, and an 11.0 foot wide temporary
e~sem~nt out of 2,03 acres, Lot 11, Block 17, Rodd East Edition,
Volume 61, Page 101, Map Records of Nueces County, Texas, along
and adjacent to its West boundary with Rodd Field Road (State
Highway No. 357), and
(3) a fifteen foot wide permanent utility easement on 3.214
acres of land, more or less, and two temporary easements
neces~ary for the construction of the proposed utilities (A) the
first is 10 foot wide and will run parallel and adjacent to the
w~st side of permanent utility easement and ~B) second is 50 foot
wide dnd will run parallel and adjacent to the east side of the
ptrmanent utility easement, out of 3.214 acres, more or less,
bsing a portion of Lot Thirty-Two (32), Section 27 of the Flour
Bluff and Encinal Farm and Garden Tracts, recorded in Volume A,
Pa~ges 41-43 of the Plat Records of Nueces County, Texas, along
artd adjacent to its West boundary with Rodd Field Road (State
H'lghway No. 357) all as hereinafter more particularly set out in
the attached Exhibit "A". The real property of Defendant
(hereinafter referred to as the "subject property") on which
Plaintiff is granted such easements, is situated in Nueces
Ca~tnty, Texas and is more particularly described in the attached
Exhibit "B-1, B-2 and B-3". The attached Exhibits "A" and "B-1,
B-2 and B-3" are adopted by this reference as a part hereof for
all purposes.
IT IS FURTHER ORDERED that the Defendant, SEASIDE CEMETERY,
INC., A CORPORATION, be awarded the amount of $31,505.63 as
d~~ages resulting from this condemnation. This amount was
de~osited with the Court by the Plaintiff, and, upon Motion of
Defendant, the Court ordered that the Defendants be allowed to
withdraw said deposit on September 28, 2004.
IT IS FURTHER ORDERED that all costs be assessed against
Plaintiff, CITY OF CORPUS CHRISTI.
IT is FURTHER ORDERED that such writs and processes as may
be necessary in the enforcement and collection of this judgment
i~sue.
IT IS FURTHER ORDERED that all relief not expressly granted
in the judgment be denied.
---~
SIGNED this the ~ day of ~~~Z°,vt~ 2006.
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JUDGE LISA GONZALES
County Court at Law No. 2
Nueces County, Texas
EXHIBIT ~A~
(Paqe 1 of 3)
T~e rights of Plaintiff in the permanent easement sought
herein, which sh~ll be an exclusive easement, are for the
p~rposes of the free and uninterrupted use of going in, on, over,
under and along the (1) five foot (5') strip of land described
in Exhibit "B-1", (2) five foot (5') strip of land described in
E~ibit "B-2" and (3) two temporary easements necessary for the
cv~struction of the proposed utilities (A) the first is ten foot
(10') wide and will run parallel and adjacent to the west side of
p~manent utility easement and (B) the second is fifty foot (50')
wide and will run parallel and adjacent to the east side of the
p~rmar~ent utility easement, described in Exhibit "B-3" together
with free ingress, egress and regress within said easement by
Plaintiff, its duly authorized agents, servants and franchisees,
to be used, from time to time, for the municipal purpose of
coristructing, laying, operating, inspecting, servicing,
r~airing, maintaining, replacing, keeping and removing public
utility lines (including above ar~d below ground appurtenances
tl~ereto) .
'I~e rights of Plaintiff in the temporary easement,
(~~metimes referred to as temporary work space) sought herein are
fo~ the purpose of the free and uninterrupted use of the (1)
elQVen foot (11') strip of land east of and adjacent to the
perman+~~t easement described in Exhibit "B-1", (2) eleven foot
EXHIBIT ~A~
(Page 2 of 3)
(31') strip of land east of and adjacent to the permanent
~ase~nt described in Exhibit "B-2", and (3) eleven foot (il')
strip of land northwest of and adjacent to the permanent easement
d~escribed in Exhibit "B-1" for the purpose of providing working
room and storage of materials and machinery during constructing
or la~ing of the initial public utility line under the terms of
this grant. This temporary easement shall terminate upon
cexmpletion and acceptance by the Plaintiff of the initial utility
line constructed or laid within the permanent
ea~sement .
The rights of Plaintiff to be acquired are easement rights
only, and there is reserved unto Defendant, its heirs,
e~cutors, successors and assigns, the use and enjoyment of the
e~eme~ts subject only to the dominant right of the Plaintiff to
th~e full use and enjoyment thereof, without interference for the
p~po~e for which the same are sought. Plaintiff shall, from
tilwne to time, after any construction, laying, servicing,
r~airing, maintaining, replacing or removing public safety
li~es, restore the surface of the land within the easement areas
as nearly as practicable to the same condition as existed prior
to such use. Plaintiff shall have no right to use any of
Defend~nt's property outside the easements herein described.
EXHIBIT ~A~
(Paqe 3 of 3)
Plaintiff shall have no right to fence the permanent
easement. Defer~lants shall have the right to cross the permanent
easem~nt with roads, pipes and fences, so long as the same are
i~stailed so as not to interfere with safe operation of utility
lines construct~l or laid under the terms of this easement.
Dlfen~nts can erect no other permanent structures within the
p*rma~nt easem~nt other than those stated and any fences across
t~e s~me shall provide gates for Plaintiff's easement use.
Job No. 33760.A205
~~p October 5, 2003
E N G I N E E R I NG Revised: Jan uary 30, ~ooa
(3~ 1)854-;? 1 ~ 1 P.O. BOX 6355 •
CORPUS CHRISTI, 7EXAS 78466-6,355
FA?C (361)854-6001
EXHIBIT ~ - I
TRACT 437 ~~f7~'
STATE Uf TEXAS
COUNTY OF Nt,~CEg
Fieldnota for a 5.00 foot ~de utility easement out of Lot 10, B1ock 17, Rodd East Addition, a map of wh ich is
recorded "q1 Vofu~e 6~, page ~Q~~ ~ R~~~ ofNueces County, Texas and being the same property conveyed in deed
recorded ~ p~~~t No. 19990I gfp3, OfFicial Records of Nueces County; said ud~ity easement being fiirther described as
fol lows:
B~inairt~at a point on the ,q~mmon boundary of Lot I 1, Black 17, RoAd East Addition, a map af which is recorded
in Volume~l, p ~p~, A,,[ap ~o~ ofNueces County, Texas ae~d ofsaid Lot 10, for the east corner ofthis easement, ~rom
which corp~r a~ on the existing a4utheast boun
said Lot 1 t~1nd th~t west corner of sai!~ Lot t 0 bears Nathof 6 od2~2 ;S°I ~y ~ p.00 feot and from wh ch we cor ~ho orner af
Surve m~ ~g ~~ ~ ~~ ~S S°p~ 61 °22'35" Eaat 0.22 feet, and frwn whi~ point of Beginaing a National Geodetdi~ ot
Y~mtnt qrmped SS-100 `be~rs gouth (3~•32„ ~yest 20,106.55 teet and another National Geodetic Survey
rnonument ~Itampa~l'~SR-070" bears S~uth ~2~qp•0~~ E~t 13,635_99 feet;
Th~ce, T~h 29~09'4 i" Eat~t, with N~e aorth~,r,at ~undary of this easemen
boundary o!`Rodd ~i~~d ~d and 20.A0 feet distant there from, measured at right angje~ ~~~ow d~s~~ of 57.01 tfeet to th
for the norib comer of this easement;
e
7"h~ce, N~ 55°20' 19" Ea~, with the northeast boundary of this easemen
baundary of~oold~ge Road and 20.~0 feet distant there from, measared at right arigje~ th'ero o;tl 335fee~forsth east corner
ofthis easenNent;
TheRce, S~ 29°09'41" We~t, with the wutheast boun
~, P~~~el with the existing southeast
~°~y °f ~odd Fi~eid Road and 25.Oi teet distant there 6rom, ~~~~ a~~ ry~ g~~ thereto, a distance of 67.13 feet to the
afocementio~ ~~~ ~u~
dary of L~ots t0 and 1 t, Cor the south con~a of this eacement;
The~e No~ 6 ~~2Z~35" West, with the abovementioned common bound
ihis easement, 5.00 f#~et to ihe Point of Heginning and containing 310.359 square feet of Iandbe'ng ~e southwest boundary ot
Bear~gs ba~1 ort Gps (~.~~~~ NADE3, Texas South Zone. National Geodetic Survey monumenis "SR-070"
(j`jorth coordi~te = 1:~,I23,255.1563 ~st coo~dinate = 1,35g,946.5%4) and "SS-100"
East coord;n~ _~,3~~024.1 l26) were dsed as control points For establishing basis of bearingh Coor~rdinates shown a 656aSe6
on Texas State Alane Caordinate System, South Zone ( N A D 8 3}. s d
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Job No. 33760.A205
~ ~8~ October S, 2003
Revised: January 30, 2004
ENGINEERING
(361)85a-3101 P.O BOX 6355 • CORPUS CHRISTI, TExAS 78466-6355 FAX (361)854-6001
EXHIBIT _ g-~ ~~~~, /
TRACT 436
STATE OF TEXAS
COUNTY QIF NUE~CES
Fie#dnotes for a 5.00 foot wide utility easement out of Lot 1 l, Block 17, Rodd East Addition, a map of which is
recorded in ~oluma i 1, Page 101, Map Records of Nueces County, Texas and being the same property conveyed in deed
recorded in ~ocumle~t No. 1999019403, OfTicial Records of Nueces County; said utility easement being further described as
fo{lows:
Be~nning,.~t a point on the cqmmon boundary of Lot 10, B)cek 17, Rodd East Addition, a map of which is recorded
in Volume 6~, Pag~ i01, Map Records of Nueces Couaty, Texas and of said Lot 11, for the nocth corner of this easement, from
which cornell° a poi~ on the exisling sautheast boundary of Rodd Field Road (State Highway No. 357) for the north corner of
said Lot I 1~nd the ~rest corner of said Lot !0 bears North 61°22'35° West, at 19.78 fcet pass a found 5/8 inch iron rod, in all a
total distant~ of 2~~D feet and from u~ich Point of Beginning a National Geodetic Survey monument stamped "SS-100" bears
South 63°0~»32" W~ast 2Q106.55 feet tnd another National Geodetic Survey monument stamped "SR-070" bears South
12°40'00" East 13,f35.99 feet;
Thence Sauth 61 °22'35" East, with the abovementioned common boundary, same being the noctheast boundary of
this easemet~t, 5.00 feet for the east carner of this easement;
Th~ce, S~t~th 29°09'41" W'est, with the soutfieast boundary of this easement, parallel with the existing southeast
boundary ofRodd ~ield Road and 25.~ feet distant there from, measured at right angles thereto, a distance of 60.00 feet to the
common bollu~dary +~'said Lot 11 and Lot 12, Block l 7, Rodd East Addition, a map of which is recorded in Volume 61, Page
101, Map R+ecords t~fNueces County, Texas, for the south corner of this easement;
Th~ce, North 61°22']0" West, with the above mentioned common boundary, same being the southwest boundary of
this easeme~t, 5.00 ~eet for the west ca~rner of this easement;
Tt~nce, l'~th 29°09'41" Ea~, with the northwest boundary of this easeraent, Parallel with the existing southeast
buundary o~Rodd ~ii~ld Road and 20.~0 feet distant there from, measured at ri~t angles thereto, a distance of 60.00 feet to the
Point of Be~inning ~md containing 300.014 square feet of land.
Br~ings ~sed on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments "SR-070"
(North coor~iinate = 17,123,255.1563 East coordinate = 1,358,946.5964) and "SS-100" (North coordinate = 17,127,465.1516
East coordi~qtte = 1,338,024.1126) were used as conirol points for establishing basis of bearing. Coordinates shown are based
on Texas S~e Plan~e Coordinate System, South Zone (NAD83).
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P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78d66-635b
E_~LIiIBIT _ .
TRACT 429
STATE OF ~'EXA~
COUNTY ~ MJ~CES
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FAX (361)854-6pp ~
Fi~dnotes; ~Ett a 15.00 foot wiiie utility easement out of a 3.214 acxe tract of taod out of Lot 32, Section 27, Flow Bluff
Bt Encinal l~no dt ~rden T'racts, a m~ og ~~~ ~s ~~~ ~n Volume A, Pagea 41 thru 43, Msp Records of Nueces County,
Texas; said ~,2(4 ~ tract being t~~ ~p~ pr~p~, ~~~y~ ~n dexd ra~wrrded in Document No. 19990I9403, Official
Rec~ds of~ecea Count~; said utilit~r easement being fi~rther deacribed as follows:
B~n°~°~P~t ~ T~ ~dmon bwndary of s4id 3214 acre trad ~nd of a I.00 acre tract (Volume 957, Page 372,
Deed Rx ~ ow~t~-, ex~) out of Lot ! 7, Section 27, a~id Flonr BIuB'dt Eacinal Farm dt (~arden 'fracts, for the
north corna~ef ~i~ex~t, ¢om wt~Ch corna the i~ersectioa of ~id comman 4punduy with We existing southe~st
boundary d~id Road (gp~tc ~~y No. 337) bqra North 61 °26'3!" Wc~t 10.00 ~d and from which Point of
~~~5 ~a~~ tieodetic S~rcvey~onuma~t st~cnped "SS-100" beara South 64°4S'24" West 19,249.82 feet snd another
Natiana! Ga~detic ~nrvey ma~ument s~mped "SR-070" bears South I S°46'24" Ea~t 12,SS9.46 feet;
Th~ce St~ 61°26'38" East, with the abovemrntioned c~mmon bounduy~ same being the northeast boundary of
this easema~t, 15.011 fieet for the mst corner ofthis easement;
Th~ce, Sq~M~h 29°09'41" We~t, with the ~outheast boundary of thia easement, puat~e~ ~n,ith the existiag ~ouWcest
boundary of~odd F~i1d R~oad and 25.ff~ fat distmt thao from, meaaured at ry~ a~g1e~ ~~~, a diatance of 427.84 feet to
~+~ ~~~~~ of ~id 3.214 ac~e tract aad of a 5.727 a~xe trad (Dopime~t No. 199704 t 712~ Official Records of
Nr«xs Coa~ty, Tm~lt) out of Lot 32, ~ctian 27, Flour Bluff dc Encinal F~m ~ Gudqi Trads, a map of which is recorded in
Volume A, l~gea 4~ ~ru 43, for q~e sorth caner of d~~s ea~ent;
7'1ti~ce,1~ 6l°23'2t" We~It, with the above mentioned coenmon boupd~},, s~e being die southwest boundary of
this easema~, 1 S.0l~'~ed for the west oerner of this eaaanent; .
13~29°09'41" Ea~wisa the aerd~vr~t bo~~y of thia aaea~ept, p~allel with the existis~ southeast
b°f'n~' ° Ro~d and 1~. fa~t dishnt thd~ ffom, meas~ed at right a~la thero~, a distance of 427.82 feet to
the Point of ginnifJ~ and oontaining ~,417.473 squm f~eet of land.
B~Ss b~rd on GPS beuin~e, NADi3, Texas South Zone. 1Vat~onal Geodetic Survey monuments "SR-0~0"
(N°nh coor ate ~ 1~', t 23,255.1563 ~st coord~ate ~ 1,35E,946.59b4) and ~SS-100" (North ooordinate = 17,127,465.1516
E~ ~~ =1,~i,024.1 I26) were used as control points for est~lishing baais of bearing. Coordinates shown are based
on Texas Sttr~ ptan~Coo~din~e Syste~, South Zone (NAD83).
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License No. 4909
Job No. 33760.A205
October 5, 2003
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