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Home My WebLink AboutC2010-245 - 2/25/2010 - NADac# 201~~rB73rbB ~~ ND, 6l3 CITY DF CORPiFB CHltZ$TZ X IN THE COUNTY COUi~T VS, X AT LATP NUMBER ONE THOMAS A, WSLLTAMB, ET AL x NC7ECE5 CDUNTY, TEXAS JUDGMENT OF CDU12T On the 24th day of February, 1971, came on to be considered the above styled and numbered cause in which the City of Corpus Christi is Plaintiff and Thomas A. Williams and wife, Binney J, Williams, Dwight Ho Hause and wife, Helen Dawn Hauae, and Gcrpus Christi Bank & Trust are Defendants, and ~eiis parties appearing by their attorneys announced ready for trial; And, it appearing tc the court that in pursuance of Plaintiff's Statement filed with the-judge of this court on ~~~ r~~ the L"`=' day of G~ .~ ~D, by the City of Corpus Christi. Plaintiff, wherein it prayed far the acquisition through Proceedings in Eminent Domain of fee simple title, except mineral interest in and to the hereinafter described land, the said judge appointed three disinterested free- holders o£ Nueces County, Teacas, as special commissioners, who subsequently met, took their oath of office, set a data for the Hearing Before Commiasivners; and caused notice thereof to be duly served as prescribed by law; and that at said hear- ing, all parties appeared, either in person or by their attor- neys; and that after such hearing, the said special commissioners rendered their decision in writing, awarding the Defendants the sum of Fifty-fine thousand .($55,000,00) bollars as damages for the taking of said fee simple, except mineral interest, in Thomas A. Williams, et ai ... ~ p OA fi STATE OFTEXAS COUNTYOFNUECES OF THE A90VE ANp FOREGOING IS ATRUE ANp CORRECT COPY AS THE 5AME APPEARS ON FILE/OR RECORDED IN 2010-245 THE APPROPRIATE RECORDS OF NUECES COUNTY, 02/25/10 SAS' p~rsr~~R~z NUECES COUNTY pI5TRICT{LERK CLERK OF THE D15TRICT $ COUNTY COURTS AT LAW +~~~~~~ and to the hereinafter described land and their written Award of Commissioners was filed with the judge of this court qn the 23rd day of January, 1970, of which, all recitations and find- ings stated therein are in and by this judgment found to be true and correct. And Tt E'urther Appearing to the Court that Plaintiff and Defendants filed objections to such Award of Commissioners within the time prescribed by law and caused all parties to be cited accordingly; and that Plaintiff deposited on the loth day of February, 1970, in the registry of the court, subject to the oxdex of Defendants herein, the sum of said award less the amount of ~y Dollars and Six Cents (8& fox ad valorem taxes owed on the land being condemned, which deposit was not withdrawn by Defendants but is still deposited in the registry of this court. TnThereupon, came a jury composed of J. D. Middleton, and five other good and lawful jurors, who, being duly empaneled and sworn. heard the pleadings, the evidence, and the argument of counsel, and after their deliberation reached a verdict in answer to the special issues submitted to them in the charge of the court as Follows: NO. 613 THE CITY OF CORPUS CHRISTI ~ TN THE COUNTY COURT AT VS. X I.AW NUMBER ONE THOMAS A. WTI+F~7AMS, ET AL X NUECES COUNTY, 'TEXAS CHANGE OF THE COURT LADIES ALA GENTLEMEN OF THE ~TITRY: This case is submitted to you on special issues con- sisting of specific questions about the facts, which you must -a- *EUF ' '~ STATiE OF' TEXAS ~® COUNTY O,F NUECES 6F THE A9OVE AND FOREGOENG IS A TRUE AND CORRECT COPY AS THE SAME RPPEARS ON FILEIOR RECORDED IN THE APPROPRIAT>: RECORDS OF NUECES COUNTY, TEXAS. PATSYPERFZ NUECES COUNTY DfSTRICT CLERK CLERK OF THE DlSffilCT & COUNTY COUR75 AT LAW ' decide from the evidence you have heazd in this trial, You are the sole judges of the credibility of the witnesses and the weight to be given their testimony, but in matters of law, yon must be governed by the instructions in this charge. xn discharging your responsibility on this jury, you will observe all the instructions which have previously been given you. 2 shall now give you additional instructions which you should carefully and strictly follow during your deliberations. [1) Do not let bias, prejudice or sympathy play any part in your deliberations. [2) Zn arriving at your answers, consider only the evidence introduced here under oath and such exhibits, if any, as have been introduced for your consideration under the rulings of the Court, that is, what you have seen and heazd in this courtroom, together with the law as given you by the Court. In your deliberations, you will not consider or discuss anything that is not represented by the evidence in this case. [3') Since every answer that is required by the charge is important, no juror should state or consider that any re- quired answer is not important, [4} You mu at not decide who you think should win, and then try to answer the questions accordingly. Simply an- saver the questions, and do not discuss nor concern yourselves with the effect of your answers, {5) You will not decide an issue by lot or by drawing straws, or by any other method of chance. Do not return a quotient verdict. Pa quotient verdict means that the jurors agree to abide by the result to be reached by adding together each juror=s figures and dividing by the number of jurors to -3- ... .. i * OF srar~ of ryas COUNTY OF NUECES OF THE ABOVE AND FOREGOING IS ATRUE AND CORRECT COPY AS THE SAME APPEARS ON FILE/DR RECORD;rD iN THE APPRDPRIATE RECORDS OF NUECES COUNTY, TEXAS. Farsr~~R~z NUECES COUNTY DISTRICT CLERK CLERK OF THE DISTRICT & COUNTY COURTS AT 4AW get an average. Do not do any trading on your answers; that is, one juror ahauld not agree to answer a certain question one way if others will agree to answer another question an- other way. (6) 'Your answer must be unanimous on each special issue, You will not, therefore, enter into an agreement to be bound by a majority or any vote other than a unanimous vote of all jurors on each special issue. These instructions are given you because your conduct is subject to review the same as that of the witnesses, parties, attorneys and the judge. If it should be found that you have disregarded any of these instructions it will be jury miscon- duct and it may require another trial by another jury; then ali of our time will have been wasted. The foreman or any other juror who observes a vio- lotion of the courts instructions shall immediately warn the one who is violating the same and caution the juror not to do so again. z. ey the term "preponderance of the evidence", as used in this charge, is meant the greater weight of the credible evid®nce. s~cTA7, xssUE NO. 1 VThat do you find from a pxepondexance of the evidence to be the market value of the subject tract of 54.762 acres as of Februaxy l0, 1970? Answer in dollars and cents. ANSWER: X65,410.00, Tn connection with the foregoing Special Issue No. 1, you are instructed that the term "Market Value", as used in -4- . ~ 1t a ~° srar~ of ryas COUNTY OF NUECES OF THE ABDVE ANA FOREGOING IS ATRUE AND CORRECT COPY AS THE 5AME APPEARS ON FILE/OR RECORDED IN THE APPROPRIATE RELOADS OF NUECES COUNFI; TEKAS. P,4TSY PfREZ NUECES [AUNTY DISTRICT CLERK CLERK DFTHE DISTR[C7& COUNTY COUATS AT LAW I it this Charge, is the price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future, After you retire to the jury room, you will select your awn foreman. The first using the foreman will do is tp have this complete charge read aloud and then you will delib- erate upon your answers to the questions askedn Hector De Pena FIECTOli DE PENA JUDGE PRESIDING CERTZFSCATE We, the Jury, have answered the above and foregoing special issues as herein indicated, and herewith return same into the Court as our verdict. J. D. Middleton ~aREMAZ~r which verdict was received by the court and filed with the records of this cause, And It Further Appearing to the Court from the evidence that the Cityt~~v~~~ of the City of Corpus Christi, Texas, a municipal corporation, has heretofore duly determined the public necessity for the taking of fee simple title, except mineral interest in and to the hereinafter described land as evidenced -5- i c ~° STATE OF TEXAS COUNTY OF NUEC~ES OF THE ABOVE ANp FOREGOWG IS ATRUE AND CORRECT COPY AS THE SAME APPEARS ON FILEIOR RECORtrEp IN THE APPROPRIATE RECORDS OF NUECES COUNTY, TERAS. PATSYPER~Z NUECES COUNTY DISTRICT[LERK CLERK OF THE pISTRICT & COUNTY COURTS AT LAW by an Order entered in its minutes and that all legal pxexe- quisites for the trial of this cause have been duly complied with, Th is Therefore Drdered, Adjudged and Decreed that the City of Carpus Christi, Texas, Plaintiff, do have and recover from the Defendants Thomas Aa Williams, and wife, Binney J, Williams, Dwight H. Hausa and wife, Helen Dawn Hausa, and Corpus Christi Bank & Trust, fee simple title except all oil, gas and other minerals which might lie in and under said pra- party in and to the following described land, situated in the City of Coxpua Christi, Nueces County, Texas, to wit: Lots Thirteen (13], Fourteen (14) and Fifteen {15}, Section Fifty-six {56), of the FLOUR BLUFF Algl ENCTNAL FARM APID GARDEN TRACTS, a subdivision in Nueces County, Texas, accord- ing to map thereof filed in Volume A, at Page 42 of the Map Recarda of Nueces County, Texas, together with ali rights in contiguous streets and all littoral and riparian rights, including any right to additional land acquired by accretion, and the same be, and is hereby vested in the City of Corpus Christi, a municipal corporation, Tt is Further Ordered, Adjudged and Decreed that Thomas A. Williams and wife, Binney 3. Williams, Dwight H. Hauae and wife, Helen Dawn Hausa, and Corpus Christi Bank & Trust, Defendants, do have and recover of the City of Corpus Ghriati, Plaintiff, the sum of Eighty-five Thousand Four Hundred and Ten {$85,410.00) Dollars as damages fox the tak- ing of the hereinabove described land; of such sum. of Eighty- five Thousand Four Hundred and Ten {$85,410.00) Dollars, the sum of Thirty Thousand Four Hundred and Ten ($30,410.00) Dollars is the amount by which the juxyas verdict exceeds the sum of Fifty-Five Thousand ($55,DDOoOD) Dollars, heretofore -6- a ~° srarE of rEx,~s m couNrr of nruFC~s ar THE A90VE ANO FOREGOING IS ATRUE AND CORAECT COPY AS THE SAME APPEARS ON FILE/OR RECORDED IN THE APPROPRIATE RECORDS OF NUECES CDUNTY, TEXAS. PA]'SYPEREZ NUECES COUNTY D75'CRIG7CLERK CLERK DF THE D15TRICT & COUNTY CDURTS AT LAW deposited into the xegistxy of this Court; and it is ORDERED that the Defendants shall further recover intorest on the said sum o£ Thirty Thousand Four Hundred and Ten ($30,410.00} Dollars at the rate of six pex-cent (6~} per annum from and after the 10th day of Febxuaxy, 1970, until the payment of the said 7.'hirty Thousand Four Hundred and Ten ($30,410.00} Dollars, to the clerk of this court, It is Fuxthex Oxdexed, Adjudged and Deoxeed by the Court that payment of the money judgment by the City of Corpus Chxisti, a municipal corporation, into the hands of the clerk of this Court, including the six per cent {6y6} interest per annum on the sum of Thirty Thousand Four Hundred and Ten {$30,410,00} Dollars fxom February 10, 1970, shall constitute dull satisfaction thereof. The County Clerk is Directed and Ordered to pay Thomas A, Williams, and wife, Sinney J. ~Pilliams, Dwight H. Haase and wife, Helen Dawn Haase, and Corpus Christi Bank & Trust, the money heretofore deposited by Plaintiff being the commissioners award, less ad valorem taxes owed, and the additiona3. sum of Thirty Thousand Four Hundred and Ten ($30,410.00} Dollars, plus six per cent (6%} intexest thereon fxom February 10, 1970, when such is deposited by Plaintiff.- And, it is Further Ordered, Adjudged and Decreed that all costs herein are assessed against the City of Corpus Christi, Plaintiff, fax which let execution issue, and that the City o£ ~//{{ Corpus Christi. shall have a wait of Possession. //~~~ n1.. ...f-: FF s~.7 TeFas~.7 ~r~a f~ F~M11i~~ J-7n .. - ~I~~r.r'~~.. IICi J~~nT Rendered and Entered this ~~ day of March, 1971. ~~~-_ Nectar De Pena, Judge County Court at Law No. 1 Nueces County, Texas ~Rt ~" STATE OF TEXAS COUNTY OF NUECES o. THE A$OVE AND FOREGDING IS A TRUE AND CORRECT COPY ASTHE SAME APPEARS ON FILEIDR RECORDED IN Ti-IE APPROPRIATE RECORDS OF NUECES COUNTY. TEXAS. PATSYPERFZ NUECES COUNTY DISTRICT CLERK CLEi{iCOFTHE DI57R1Cf & COUNTY COURTS AT LAW Approved as to Fox7R and Substance: ohn A. Waller &uite 1000, Wilson Building Corgus Christi, Texas 76401 Dave Coover P. 0. Box 2803 Corpus C:hxiati, Texas 78403 Attorneys for Defendants, Thomas A. willia3ns and wife, Binney J. LPilliama, Dwight H. Hause and wife, Helen D awn Hause nary Norton Attorney far Corpus Christi Sank & Trust ~~ ~~-. f ~ .J~,vacs Riggs Attorney for aintiff, City of Corpus Christi, Texas 1¢aF s srarE of rExAs ., COUNTY OF NUECES 9F THE ABOVE ANd FOREGOING JS A TRUE ANd CORRECT COPY ASTHE SAME APPEARS ON FILE/OR RECORDED IN THE APPROPRIATE RECORDS OF NUECES COUNTY, TEl(A5. PATSYPEREZ NUECES COUNTY DISTRICT CLERK CLERK OF THE D15TAICT & COUNTY COURTS AT LAW CORPUS CHRISTI BANK 8z TRUST LI7CIAN L. MoRR19[)N, JR. SENIOR YICE PRE919ENY AMp TRUST OPFICEp March 3, 1971 County Court at Law No. 1 Nueces County Court House Corpus Christi, Texas Attn: Judge Hector De Pena ~; Re: City of Corpus Christi, Texas, vs, Thomas A. Williams et a1 No. Dear Sir: . This letter constitutes ari~app'earance on the trial Df this cause on behalf of Corpus:.°Christi Bank and Trust. Sincerely rs, 4 ucian L, MorYison, Jr. Senior Vice President and Trost Officer LLM;mf P. 4. HOX 4860 ^ PHONE (8I2) 884-3481 ^ CORPUS CHRISTI, TEXAS 75448 .. ~ s r® ® STATE OF TFXAS COUNTY OF NUECE3 F THE ABOVE ANp FOREGOING IS ATRUE AND CORRECT COPY AS 7NE SAME APPEARS DNFILE/DR RECORDED IN THE APPROPRIATE RECORDS DF NUECES COUNTY, TEXA5. PATSYPER~Z NUECES COUNTY pISTflICTCLERK CLERK OF THE D15TRICT 8 COUNTY COURTS AT LAW Y".ri.ki ; 1 ~ li ; } ,dam ~ ~~ ,fir ,, f' '~, ~ ,r' ~ ~, " ",~~t,i !~ ~~'. ,~ .; , I , - , ii i _ ~ ,r la r t, 1 h 2+ H i H .~: ~ ' a n ~ ~ ~ L 0 n . ~ ~ - i n { tC •1. r 3 t r s' ~ T 0 2` ~ ^ 7 n ~ O ~ ~ ~ ~ A p Z ~ Y ~j ~ ~ ~ ~ ~ ry^~ v• ~ ~ ~ ~ ~ w_~ r ~ n n N p ~ E'i'i ~ H o ~ t9 cn N7 ~-] N 9 p,~g OF rFx9N SFATE OF TEXAS ~o .'y COUNTY OF NUECES GTY QFN ~~ THE ABOVE AND FOREGOING 15 A TRUE AND CORRECT COPY AS THE SAME APPEARS ON FILE/OR RECORDED IN THE APPROPRIATE RECORDS OF NUECES COUNTY, TEXAS: PATSY PER~EZ NUECES COUNTY DISTRICT CLERK CLERK OF THE D]STRICT & COUNTY COURTS AT LAW ORIGINAL ~~ ~^r City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 Corpus Christi, TX 78469-9277 '~ k (w~. STRTE L1F TEXT CITY Of NIlECE5 I hereby certify that this instrueent was fIi.ED in file nueber sequence on the date and at the five steeped herein b~ ae, and was duly RECORDED in the Official Public Records of Nueres County, Texas Diana T. Herrera Ni~CES COUNTY, TEXAS An rovision herein which restricts the Sale, R ental ar u5e of the described REAL PROflERTY because of Race, Color: Religgine~ Sex, Handicap, Faeilial Status, nr Nat ianal Ori in is invali~ and unenforceable under F~I}ERAI. LI~i, 3il~/89. Dace ~l~1~~~?3fdB # Pages ~ 1'~ 63/03t~Bi0 l2.~91~1 Official Records of NUECE5 COUNTY DlAHa T. BARRERA COUNTY IX.ERIt Fees X55.00