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HomeMy WebLinkAboutC2009-366 - 8/13/2009 - NADoc# c~O9~36222 ORIGINAL NO. 09-60101-4 CONDEMNATION PROCEEDING CITY OF CORPUS CHRISTI V. D. W. GRANT, JR., BETTY JANE GRANT ARMSTRONG, AMIE ALEXANDRA ARMSTRONG KIRK, ANDREA ALICE ARMSTRONG PLYMALE, AMANDA ANNETTE ARMSTRONG ENGLAND and SAM MAGARITY ARMSTRONG, JR. § IN THE COUNTY COURT § AT LAW NO. FOUR § NUECES COUNTY, TEXAS JUDGMENT IN ABSENCE OF OBJECTION On the date below written, there came on to be heard the above entitled and numbered condemnation proceeding, wherein CITY OF CORPUS CHRISTI is PLAINTIFF and D. W. GRANT, JR., BETTY JANE GRANT ARMSTRONG, AMIE ALEXANDRA ARMSTRONG KIRK, ANDREA ALICE ARMSTRONG PLYMALE, AMANDA ANNETTE ARMSTRONG ENGLAND and SAM MAGARITY ARMSTRONG, JR., are DEFENDANTS; and It appearing to the Court, and it is so found, that the Award of Special Commissioners was duly filed with the Judge of said Court on the 13 th day of March, 2009; that no objections to said Award were filed within the time allowed by law nor as of the date hereof, and that said Award has been amended by the filing of an Amended Award to correct the spelling of the name of the Defendant, Amanda Annette Armstrong England and adopting the previous Award of Special Commissioners as a part thereof, except for the misspelled name; IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 235648 2009-366 08/13/09 1 i~ Grant, D.W., Jr., Et Al ~Ni~~~ 1. That the Amended Award, on file herein, amending the Award of Special Commissioners, on file herein be, and the same is hereby confirmed and adopted by this reference as a part of the judgment of this Court. A true copy of the Amended Award, (with a true copy of the previous Award of Special Commissioners with Plaintiffs Original Petition attached) is attached hereto as "Exhibit J~1 "and incorporated as a part of this Judgment by this reference, as if copied at length herein; 2. That the Clerk of this Court record this Judgment and the Award of Special Commissioners in the minutes of this Court; 3. That by virtue of the Award of Special Commissioners, the CITY OF CORPUS CHRISTI is entitled to be vested with, and DOES HEREBY HAVE JUDGMENT against the foregoing named DEFENDANTS, D. W. GRANT, JR., BETTY JANE GRANT ARMSTRONG, AMIE ALEXANDRA ARMSTRONG KIRK, ANDREA ALICE ARMSTRONG PLYMALE, AMANDA ANNETTE ARMSTRONG ENGLAND and SAM MAGARITY ARMSTRONG, JR., FOR ALL RELIEF SOUGHT IN ITS PLAINTIFF'S ORIGINAL PETITION, vesting in it the easements located and described in Plaintiffs Original Petition for Condemnation on 1.099 acres of land described in the above referenced Plaintiffs Original Petition for Condemnation and particularly described in "Exhibits, A & B" attached thereto; and further, 4. That by virtue of the Award of Special Commissioners, the DEFENDANTS are jointly entitled to recover from the Plaintiff, City of Corpus Christi, the sum of Thirteen Thousand One Hundred and 00/100 Dollars ($13,100.00); and it appearing and it is so found that the amount of said Judgment has been deposited into the registry of the Court by City of 235648 2 Corpus Christi subject to the order of the Defendants, and has been withdrawn by them, this Judgment is entered fully satisfied as to such amount. 6. That the costs of these proceedings are assessed against the PLAINTIFF, CITY OF CORPUS CHRRISTI, as provided in the Award of Special Commissioners, as amended for which the Clerk shall have execution if the sam tim 1 SIGNED this the ~ day , 2009. fudge James~iKlager, ounty Court at Law Number 4, Nueces Co y, Texas 235648 3 NO. 09-60101-4 CONDEMNATION PROCEEDING -CITY OF CORPUS CHRISTI § V. § D. W. GRANT, JR., BETTY JANE GRANT § ARMSTRONG, AMIE ALEXANDRA § ARMSTRONG KIRK, ANDREA ALICE § ARMSTRONG PLYNiALE, AMArNDA § ANNETTE ARMSTRONG EMPLAND and § SAM MAGARITY ARMSTRONG, JR. § 1N THE COUNTY COURT AT LAW NO. FOUR NUECES COUNTY, TEXAS AMENDED AWARD We, the undersigned Special Commissioners in the above styled proceeding in eminent domain, for the purpose of correcting a misspelled name in the Award of Special Commissioners. from "Empland" to "England", do find that: 1. The Award of Special Commissioners (hereinafter "the Award") was duly filed with the Court on the 13th day of March, 2009.. 2. The time .for filing objections to the Award has expired and no objections have been filed. 3. The Court has not rendered judgment on the Award. 4. There. is a misnomer in the Award and throughout -the papers of this cause in that the correct spelling of the name of the party referred to as Amanda Annette Armstrong Empland, is "Amanda Annette Armstrong England": 5. Amanda- Annette Armstrong England was duly served with notice of, and by her agent, appeared at the hearing before. Special Commissioners. 6. The amount of damages found in the Award was awarded jointly to the Defendant was deposited into the registry of the Court and has been duly withdrawn by the Defendants, including Amanda Annette Armstrong England. Now therefore, we the undersigned Special Commissioners do adopt the Award of Special Commissioners, heretofore filed in these proceedings as a part hereof for all purposes; and as adopted do hereby amend the same by changing the spelling of the name as spelled ~`Ariianda Annette Armstrong Empland" to Amanda Annette Armstrong England" in LeIi instance that it r ~~:-tea . ~ _ 236461 - -. _ appears therein and other than as to the misspelling do ratify and confirm such Award as filed. A t~tte copy of such Award of Special Commissioners as originally filed is attached hereto as an Exhibit and adopted by this reference for all purposes. SPECIAL COMMISSIONS: ck Holstein ~j~~~f J ~ ricksen ~~- ° ~~~~~ ~~F Emilio Go~tzales ~~ 236461 2 NO. 09-60101-4 CONDEMNATION PROCEEDING CITY OF CORPUS CHRISTI V. D. W. GRANT, JR., BETTY JANE GRANT ARMSTRONG, AMIE ALEXANDRA ARMSTRONG KIRK, ANDREA AI-ICE ARMSTRONG PLYIvIALE, AMANDA ANNETTE ARMSTRONG EMPLAND and SAM MAGARITY ARMSTRONG, JR. § IN THE COUN'T'Y COURT § AT LAW NO. FOUR § NUECES COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 13~' day of March , 2009 in Corpus Christi, Nueces County, Texas, the above condemnation proceeding came on to be heard before the undersigned, three disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners 'by the Judge of the County Court at Law No. 4 of Nueces County, Texas, to assess the damages caused by the condemnation proceedings, and the Commissioners proceeded to hear evidence and made the following findings: I. Ciry of Corpus Christi, as Plaintiff, filed an original petition for condemnation with the District Clerk of Nueces County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in City of Corpus Christi, certain easement rights on `. © ~ r/' ~"c r eSf of Defendants' land in Nueces County, State of Texas, all as described in Plaintiff: s Original Petition for Condemnation attached hereto as Exhibit "A" and incorporated herein for all purposes. :. EXHIBIT 234408 ¢ T d ~m Fn;:; { ~, ;4€' ~ `r . ~ rr .. f _: II. That the Judge of the said Court did duly appoint Rick Holstein, John Ericksen and Emilio Gonzales, three disinterested freeholders of Nueces County, Texas, as Special Commissioners 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 by law, which oaths are on file with the papers in this cause. IV. That after having so qualified, said Special Commissioners on the 4th day of February, 2009 by written order designated and appointed the 13th day of March, 2009 at 9:00'clock a.m. at the jury room of the above named court at the Nueces County Courthouse, 901 Leopard Street, Corpus Christi, Texas, is the most practicable time and such place being in the county in which the land or a part thereof is situated. V. That Defendants D. W. Grant, Jr., Betty Jane Grant Armstrong, Amie Alexandra Armstrong Kirk, Andrea Alice Armstrong Plymale, Amanda Annette Armstrong Empland and Sam Magarity Armstrong, Jr., were duly notified of the time and place for the hearing. VI. That on the 13th day of March, 2009, said Special Commissioners did convene and the parties appeared by their attorneys and announced that they had compromised the matters before the Special Commissioners. 234408 2 VII. Said Special Commissioners proceeded to hear evidence as to the stipulation of the parties as to damages that will be sustained by the owner and those claiming an interest in such land by reason of the taking of said property and, after hearing and considering such evidence, said Special Commissioners did find and determine and, accordingly, assess damages to be awarded to Defendants jointly in tho amount of ~~. ~/~ ~ ~J ~~ dollars. The costs of this proceeding are adjudged against the Plaintiff. SICTNED this ( > day of March, 2009. ;~.` Tom. Rick Holstein, Special Commissioner ~~ ohn Erickson, Special Commissioner Emilio Gonz es, Special Commissioner 2344U8 3 ORDER AND INFORMATION TO CLERK The foregoing Award of Special Commissioners was filed with me this day. It is 6 ORDERED that each Special Commissioner receive the sum of $ as a reasonable fee for services in this proceeding. The Clerk is hereby informed of the decision by the Special Commissioners pursuant to §21.049 the Tex s .Property Code. Signed this ~_ da f March, 2009 / ~ ames ger, ud~ Judge o the Count of Nu ces County, iding -t at Law No. 4 234408 4 ~, o~'~I~~'`~ CONDEMNATION PROCEEDING CITY OF CORPUS CHRISTI v. D. W. GRANT, JR., BETTY JANE GRANT ARMSTRONG, AMIE ALEXANDRA ARMSTRONG KIRK, ANDREA ALICE ARMSTRONG PLYMALE, AMANDA p,NNETTE ARMSTRONG EMPLAND and SAM MAGARITY ARMSTRONG, JR. § IN THE COUNTY COURT § AT LAW NO. § NUECES COUNTY, TEXAS PLAINTIFF' S ORIGINAL PETITION FOR CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: The City Of Corpus Christi, Plaintiff, exercising the power of eminent domain conferred upon it by Texas Local .Government Code Chapter 251, and by virtue of Texas Property Code, Chapter 21 and its City Charter and Ordinances, files its Plaintiffs Original Petition for Condemnation against D. W. Grant, Jr; Betty Jane Grant Armstrong; Amie Alexandra Armstrong Kirk; Andrea Alice Armstrong Plymale; Amanda Annette Armstrong Empland; And Sam Magarity Armstrong, Jr., Defendants, and for same respectfully shows: I PARTIES 1.1 Plaintiff, City of Corpus Christi, is a home-rule municipal corporation operating under a ~, home rule-charter in the City of Corpus Christi, Nueces County, Texas, and having by 1a~.u the~ghf .~, - _ ~= ~'.;~,,- ofeminent domain and power of condemnation, acting herein by and through its duly_.F~1ecta~c ark-=' ~-; ~ - ':.JS ~. -7 _,.. , ~. , authorized City Council for and on behalf of the City of Corpus Christi. ~ __ ;~ -_~; ~ . --_ - ~ -- {..n EXHIBIT A 1.2 The above named Defendants, are individuals and notice to them can be served upon their agents D. W. Grant, Jr. and Betty Jane Grant Armstrong, or either of them, as agents for all Defendants. II JURISDICTION 2.1 This County Court at Law has jurisdiction of this proceeding pursuant to Texas Property Code § 21.001; and venue of this proceeding lies in Nueces County, Texas because the land to be condemned is in Nueces County. III PROPERTY TO BE CONDEMNED 3.1 The property to be condemned consists of two easements, one permanent and one temporary; on over and across a certain 20.5 acre tract (the subject property) just to the east of Suntide Road, lying between the South Access Road of Interstate Highway 37 on the north and Bearden Road on the south, in Nueces County, Texas. 3.2 The permanent easement is to be fifteen feet (15') in width and approximately eight hundred fifty-three and 74/100 feet (853.74') feet long, extending generally east and west across the subject property; as described by metes and bounds in the attached Exhibit "A" and shown on the attached Exhibit "B", both adopted as a part hereof for all purposes . 3.3 The temporary easement is to be forty feet (40") in width and approximately eight hundred fifty-three and 74/100 feet (853.74') long lying adjacent to and along the north boundary line of the above referenced permanent easement, as more particularly shown in the above referenced Exhibit "B". 233032 2 N PURPOSE FOR CONDEMNATION 4.1 The Plaintiff s governing body has found it in the public interest and necessary to acquire and to use the permanent easement on Defendants' land sought herein as Parcel 3, part of a storm water drainage project, known as the Till Creek Drainage Basin Project Phase 2 (#2270), in the City of Corpus Christi, for the public purpose and use of storm water drainage and other related drainage and public purposes. 4.2 The said government body has also found it in the public interest to acquire and use the temporary easement for the public purpose, including ingress and egress, for the construction, use and maintenance of an enclosed drainage channel and appurtenances to be installed in the permanent easement; to be used as temporary work space for men, equipment and material during the initial construction of the above described channel and appurtenances. 4.3 The temporary easement shall terminate upon the completion and acceptance of the Till Creek Drainage Basin Improvements Project by the Plaintiff, or one upon the expiration of one year from the Plaintiff s right to possession, whichever be the sooner. V OWNERS OF THE PROPERTY 5.1 The Plaintiff has determined the Defendants named herein to be the persons who own or claim an interest in the Subject Property. 233032 3 vi UNABLE TO AGREE 6.1 Plaintiff has been unable to agree with Defendants on the damages to which they are entitled for such acquisition. Further negotiation would be futile. All conditions precedent to filing this condemnation action have been satisfied. VII LANDOWNERS BILL OF RIGHTS 7.1 Plaintiff has provided the Property Owners with the landowners bill of rights. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Commissioners be appointed to assess the amount of damages to which the Defendants are entitled according to law; and that a judgment be entered, vesting in the Plaintiff, City of Corpus Christi, the title to the permanent and temporary easements sought herein and awarding compensation to the Defendants jointly or as otherwise allowed by law, assessing the amount of costs, and granting such other and further relief to which the Plaintiff may show itself to be entitled. Respectfully submitted, WELDER LESHIN, L.L.P. By: ~ J eph 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 ATTORNEYS FOR PLAINTIFF 233032 4 MLrRRRY BASS, JR., P.E.,R.P.I..S. NixoN M, Watsa. P.E„R.P.L.S www.bass-welsh.com BASS & WELSH ENGINEERING P.O. Boa 6397 Corpus Christi, TX 78466-6397 Drainage Easement February 21, 2008 3054 S. ALAMEDA, ZrP 78 404 361 882-5521- FAX 361 882-1 265 e-mail: murrayir(aaol.com e-mail: nixmw(c?aol.com Being a tract situated in Corpus Christi, Nueces County, Texas over and across that. tract of land descnbed In the dead to iris Powell. Grant, Trustee, recorded under Document No. 850703, Offlclal Public Records of Nueces County, Texas and being more -particularly described by metes and bounds as follows: BEGINNING at.a point in the west line of the heretofore referenced tract, the east tine of Lot 4, Block 2, Suntide Industrial Tracts as shown on the map thereof recorded irr Volume 44 at Page 73 of the Map Records of Nueces County, Texas, whence the northeast comer of said Lot 4,-bears N 0°10'25' E at30.36-feet, said point being 10.00 feet measured at a right angle north of the north margin of a 50.00 foot wide pipeline easement granted to Coastal States Petrochemical Company recorded in Volume 285.. at Pag.e.477 of the Deed Records of Nueces County,. Texas; THENCE S 85°24'59" E 15.00 feet north of and parallel to-the north margin of the 50.00 foot Coastal States tight-ofanray a distance of 853.74 feet to a point In the nortfiwest marg(n of a 9 20.00 foot wide drainage tight-of way granted to the City of Corpus Christi in the deed recorded in Volume 1093 at Page 184 of the Deed Records of Nueces County, Texas for the northeast corner of this tract; THENCE S 57°05'47" W along the northwest margin of the 120.00 foot wide City drairiage right-of-way a distance of 24.65 feet to a point in the north margin of the 50.00 foot wide Coastal States Pipeline Easement for the southeast comer of this tract; THENCE N 85°24'54" W along the north margin of the 50:00 wide Coastal States Pipeline Easement a distance of 833.03 feet to a point in the west line of the Grant Tract and the east boundary of Lot 4, Suntide Industrial Tracts for the southwest corner of this tract; THENCE N 0°105" E along the west boundary of the Grant Tract and the asst boundary of Lot 4, a distance of 15.04 feet to the POINT OF BEGINNING, forming a tract embracing 12.651 square feet (0.290 acres). Note: Basis of bearing, east boundary, lot 4, Block 2, Surrtide Industrial Tracts. 08f 07 Fkatd Note Desc.doc EXHIBIT "A" .,,, Parcet 3 . ' ~ J~ 2 LOT 3 LOT 4 SL, DE I.NOUSIRiAL ;" ~, LOCK 1 1 2 3 4 Vo!_44, ?a. ?3, R.k.C~% ~ 3LK 1 SU OE 1N . TRS. _ ~J' ?UY PIP~Nc EAS~.t ~ -j~j ---- - - 1-~~ll ~ 15 04' ~ - - -35' CW.1(PUti PIP21N£ FASEAIENi t Po t of - - YoI. io55~?q. 25b. D~R.ti.GT~ L ~ Be~vinh7Q - ~ ~ ~ J- __ 15' ilFii.f:Y ~.AS'E?AF1\T ~ 1~ • 1 ~ _- _- - Voi. o!. °g. 138, Si R.N.C.7. 1 12 Q ~'-~ -_ t S ~ ~ H 4 s '~~ ~ IRIS POYYELt. GRAf'1T, TRUSTEE 1 ~ ~ ~ ~ oac. /850703 r`a ~VV J n O.P.R.N.C.T. to ? ~,_ t~_. ~ ~ ~ fl '1°> o Z -~ >° ~ t~~l o ---~ y t .~ ! ~r ^~I t l~~... 1 ~,~W ~ 1 t ~,~,~ ~ N g ~ ~ i~- 1 5 z %~ ~~ 1 ! ~~ ~ 1 ~/~ I ~~ !v ----------~ t d 20' Ci ~ ' .7F _ CG'RPi:S CyiiSTl ~ t ~ ' !t$S POWELL GRANT, TRUSTEE ~w3:rt~,c~ ~.o:~r_ ~ t ~~i1 noc. #sso7os _Yof. 10?3, Py. i 84, D_R.N.C.T. ~l, 4 t O.P.R.N.CJ 1~ y~ 1 -~ t ~~ ~ ~~ J • ~ sJ\ , AREA OF PERMANENT EASEMENT ! c~ 12,651 S.F. j ~ t Aa„\ 0.290 AC. 1 .~ .~ s: ~~ .... DRAINAGE EASEMENT SUNTIDE INDUSTRIAL TRACTS !R(S POWE11 GRANT, TRUSTEE-GRANTOR CITY OF CORPUS CHRIST!-GRANTEE Piapooia° ~' Job No: 08107 bass c~ {~Ye/sh Engineering ~ ~~a ~'-1pa• 3054 so. Alamedc st. 'EXHIBIT ccB» Dote: 2-25-08 Corpus Christi, Tz. ;'78404 Drawing No: STC)RM UE-2 (361) 882-5521 ('phone) Plotscale: t =1 r ORIGINAL Doc# ~009~a6~22 # Pages 17 09/@412@@9 10:21 Official Records of NUEGES COUNTY DIANA T. aARRERA CITY CLEI~f Fees f79.@@ Gi[TY~~'TI~GES I hereby certify that this instrueent was FILED in file nu®ber sequence on the date and at the tine sta,ped herein by ®e, and was duly (~GORDED in the Official Public Records of Nueces Gounty, Texas DIANA T. BAI~RRA NUECES COLflVTY, TEXAS An rovision herein which restricts the Sale, R ental or use of the described SAL PR~ERTY because of Race, Colon Religgian~ Sex, Handicap, Faeilial Status, or Nat Tonal Origin is invalid and unenforceable under FEI~RAL LAW, ~/12/a9. ~~ - -_ w~ City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 Corpus Christi, TX 78469-9277