HomeMy WebLinkAboutC2011-140 - 4/6/2011 - NA5
CITY OF CORPUS CHRISTI
V.
STEVEN R. HOOK
NO. 2011 CCV- 603L4;0-4- 201:101258S
CONDEMNATION PROCEEDING
§ IN THE COUNTY COURT
§ AT LAW NUMBER 4
§ 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 STEVEN
R. HOOK is DEFENDANT; and
It appearing to the Court, and it is so found, that the Award of Special Commissioners
was filed with the Judge of said Court on the 9 day of March, 2011, that notice of such filing
was duly given and 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 filed with the Clerk of this Court:
IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows:
1. That the AWARD OF SPECIAL COMMISSIONERS on file herein be, and the
same is hereby confirmed and adopted as a part of the Judgment of this Court. A true copy of the
Award of Special Commissioners (with a true copy of the Plaintiffs Original Petition attached)
is attached hereto as Exhibit "J -1" and incorporated as a part of this Judgment by this reference
for all purposes, 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, CITY OF CORPUS
CHRISTI is entitled to and DOES HEREBY HAVE JUDGMENT against the foregoing
DEFENDANT, STEVEN R. HOOK for all relief sought it Pli 1-' ' Original Petition for
2011 -140's M�MaRaANnvn� ` "
Lion, this instrument was found _,. ` • ^+
04/06111.,,, best photograph reproduction
;arbon or photocopy, discolored
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Hook, Steven R. ument was filed and recorded. INDEXED
F �
Condemnation and is hereby VESTED with the surface estate only of a 0.239 acre (10,410.8
square feet) of Defendants' land in Nueces County, State of Texas, all as described in Plaintiff s
Original Petition for Condemnation as the "Subject Property". The public purpose, use and
construction of street improvements, and for other related public, street and drainage purposes
are as set forth in such Plaintiffs Original Petition for Condemnation and Exhibits thereto, herein
above adopted with the Award as a part of this Judgment;
4. That by virtue of the Award of Special Commissioners, the DEFENDANT,
STEVEN R. HOOK is entitled to recover and does hereby have judgment against the
PLAINTIFF, CITY OF CORPUS CHRISTI, for the sum of Fifteen Thousand and no /100 Dollars
($15,000.00);
5. That, it appearing, and it is so found that the Fifteen Thousand and no /100
($15,000.00) herein adjudged has been paid into the registry of the Court by Plaintiff, City of
Corpus Christi subject to the order of Defendant, Steven R. Hook, pursuant to §21.021 of the
Texas Property Code, THIS JUDGMENT IS ENTERED FULLY SATISFIED as to such
amount; and that the CLERK OF THIS COURT IS AUTHORIZED AND DIRECTED to pay the
same to the said Defendant upon the filing of the required tax certificate in compliance with
§21.0211 of the Texas Property Code; and
6. That the costs of these proceedings are assessed against the PLAINTIFF, CITY
OF CORPUS CHRISTI, as provided in the Award of Special Commissioners, pursuant to
§21.047(a) of the Texas Property Code, for
Clerk shall have execution if the same be
not timely paid.
SIGNED this the day of
n D
APR 0 6 2011
250838 RATSY PEREZ, DISTRICT CLERK
NUECES COUNTY
Jamq y KlagPr, "J Jge of the County Court at
La 4, Nueces ounty, Texas
2
L '
NO. 2011CCV•- 60302 -4
CONDEMNATION PROCEEDING
t
CITY OF CORPUS CHRISTI § IN THE COUNTY COURT
V. § AT LAW NUMBER 4
STEVEN R. HOOK § NUECES COUNTY, TEXAS
AWARD OF SPECLkL COMMISSIONERS
On the 9 day of March, 2011 in Corpus Christi, . Nucces County, Texas, the above
condemnation proceeding carne 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:
1.
City of Corpus Christi, as Plaintiff, filed a second amended 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, the surface estate only
of a 0.239 acre (10,410.8 square feet) of Defendant's land in Nueces. County, State of Texas, all as
described in Plaintiffs Second Amended Original Petition for Condemnation attached hereto as
Exhibit "I" and incorporated herein for all purposes.
249893
. .
MAR "a lu "
Exhibit "J -1" ATr r P
COUN 5 R1r TEXAS
PUTY
U.
That the Judge of the said Court did duly appoint John A. Erickson, Bruce L. Collins, II and
Mike Muncy, 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 22n day of February, 2011
by written order designated and appointed the 9 day of March, 2011 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.
1Y
That Defendant, Steven R. Hook was duly notified of the time and place for the hearing.
1�
That on the 9`" day of March, 2011, said Special Commissioners did convene. The City of
Corpus Christi appeared by its Attorney. Steven R. Hook, Defendant
249893
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 Defendant
jointly in the amount of ^ ��Q
_ -- .._ ... � and no /100
dollars ($ O( • d0 } . The costs of this proceeding are adjudged against the
04 T �S
SIGNED this J_t' day of March, 2011.
r
t
OJ
249893
3
Mike Muncy, Special ro ssionex
ORDER AND INFORMATION TO CLERK
The foregoing Award of Special Commissioners was filed with me day. It is
ORDERED that each Special Commissioner receive the sum of reasonable fee
for services in thus. proceeding. The Clerk is hereby informed of the decision by the Special
Commissioners pursuant to §21.049 of Tex Property Code.
Signed this day of M ch, 2011.
W es Mager, Judge Pre ding
dge of the County Cff at Law No. 4
of Nueces County, Te
MAR 9 20!1
PATSY PEREZ, MSTR
NUECES COUNTY
Y CLERK
249893
4
NO. 2011 CCV -603 02 -4
CONDEMNATION PROCEEDING
CITY OF CORPUS CHRISTI § IN THE COUNTY COURT
V. § AT LAW NUMBER 4
STEVEN R. HOOK § NUECES COUNTY, TEXAS
PLAINTIFF'S SECOND AMENDED ORIGINAL PETITION FOR CONDEMNATION
TO THE HONORABLE J`UDGE OF SAID COURT:
Comes now The CITY OF CORPUS CHRISTI, PLAINTIFF, exercising the power of
eminent domain conferred upon it by Texas Local Government Code Chapter 251, by virtue of
Texas Property Code, Chapter 21 and its City Charter and Ordinances, has heretofore filed herein
its Plaintiff s Original Petition for Condemnation against DEFENDANT, STEVEN R. HOOK;
and for the purpose of correcting references to the lot number and area of the subject property in
Paragraphs 3.1 and 4.1 respectively, files this Plaintiff's Second Amended Original Petition for
Condemnation, 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 law the right of eminent domain and power of condemnation, acting he in b and
q
F
through its duly elected and authorized City Council for and on behalf of the City�f C9
Christi. Y O D r
1.2 DEFENDANT, STEVEN R. HOOK, a resident of Nueces County, Texm, can be
, _
7
served at 13720 Hillwood Trail North, Corpus Christi, Teas 78410. M 4
;
'"
249596
Exhibit "I" 1
TI
JURISDICTION
2.1 This County Court .at Lave 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, Texas.
III
PROPERTY TO BE CONDEMNED
3.1 The property to be condemned consists of the surface estate only of an 0.239 acre
(10,410.8 square feet) tract of land in Nueces County, Texas out of Lot 10, Block 1, of the
Nueces River Irrigation Park, as shown on plat recorded in Vol. A, P. 54, Map Records of
Nueces County, Texas and more particularly described by EXHIBIT "A" and EXHIBIT "B"
attached to this Petition and adopted by this reference for all purposes.
IV
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 0.239 acre fee taking of the surface estate of Defendant's land sought
herein for the County Road — US 77 to CR 69 Street Project, for the public purpose, use and
construction of street improvements, and for other related public, street and drainage purposes.
it
OWNERS OF THE PROPERTY
5.1 The Plaintiff has determined that the above named Defendant is the owner of the
land sought herein.
249596 2
VI
UNABLE TO AGREE
6.1 Plaintiff has been unable to agree with Defendant 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.
VI1
LANDOWNERS BILL OF RIGHTS
7.1 Plaintiff has provided the Property Owner 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 Defendant is entitled according to
law, and that in accordance with the Property Code a judgment bt, entered, vesting in the
Plaintiff, City of Corpus Christi, the fee title to the surface estate of the above described 0.239
acres (10,410.8 square feet) and awarding compensation to the Deferidant, as 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:
JosepW. Cohn, Jr.
Stat 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
CITY OF CORPUS CHRISTI
249596 3
Cc�uixty:Road. iJ.S. 77 to Con its R ti #6163 -
parcel MV
STATE flF TEXAS
COUNTY OF NUECES
BEING a tract of land con-ning -0.239 Acres - (10,410.8 Sq. Ft.} of land out of Lot 10,
$lock 1 of the.Nueees River Irrigation Park as sbown.on thereof recorded 'a Volume
A, page 54 of the Map reeoriis of Nitrces County, Texas This 0.239 Acre Tract being
more particufarly'described.by metes au-d bounds as follows:
COAD— JENCING at a Found 518'-' Trost Red at the northeast corner of land of Donald Hayclka as recorded irr
Docurnont #1998056983 of the O€Ec al Public. Records of Nue-ces County, Texas, said point being in the
centerline of County Road 52 (30' right -of wAY);
THENCE S09 0 1549 "W along the easterly boundary of said Land of Havelka; a distance bf 15.04' to a Point on
the south right -of -way, fine of said County Road 52, being the Point of Begilrving. of this tract;
THENCE S8.4 °4000. E along the south right -of -way line of County Road 52, a distance. of 0 -7I' to an angle
Point therein,
THENCE✓ S82 °07'47 "E continuing along the south righttof way line of Road 52, a distance of 20.36' to.
am angle point therein;
'I`HEI_q.CE 585 ° 1.1'25 "S continuing along the south-right= of:way lint of County.Road 52, a distance of 28 to
a Point do the west boundary Brie of Lot 9, Block I, said Nueces River lrrigatibn lark, being the northeast comer
of this tract;
THENCE SWIT30 "W the west boundary line of said Lot 9, a distance of 33.94' to a set 518" Iron'Rod
with cap stamped "City of Corpus Christi, TX . being the southeast corner of this tract;
WHENCE N86 ° 12'28 "W through said Lot 10, a distance of 65.40' to a set 5/8' Iron Rod with plastic cap stainped
"City of Corpus Christi, TX ", being an-angle point of this tract;
THENCE N84 °54'3 "W continuing through said Lot-10,a distance of 237.20 to a set 518" Iran Rod with plastic
cap stamped "City of Corpus Christi, TX" on the easterly boundary line of said Land of Havelka, being the
southwest corner of this tract;
THENCE N09° 1.5:49" E along said easterly boundary line of said land of Havelka, a distance of 35.03' to the.
POINT AND PLACE OF BEGONRIG and containing 0.239 Acres (10,410:8 Sq. Ft.) of hand,
Bearings are with refcreaace to Survey of Right-of-way - County Road 52 - Co. Rd. 69 to U. S. Hwy.. 77 by Bass.
& Welsh Engineering dated June 26, 2001.
state of Texas
County ofIque -ces
1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that foregoing field notes were
prepared by me from a land survey made on the ground r
This the I l TF[ day o f December, 2001.
0. � _
Russell A. Ochs
State of Texas License No. 5,241 -
RUSSEC 0 .66HS
R° ass+ `
O SUFi
Ems) BXT'A
LINE Ills`ARINGS DIST. NOTE: QEh�QTES
LOT 7
IMAGINE PROPeATIES LLc
54541. GEAR LANE �F1
CORPUS CF - MSTL TEXAS 78465
St)9 ° 1.5'49'W
1.6.04' C
To 4 RD.
NQ, 88
POINT OF
BEGINNING
F a NINA E: fEEOHM
L 104572 Loop
CO3PCiS CHRISTI, TExAS 75410
M— 762, PQ 516
OpU'LC.7
POI NT OF
FOk1E�lD�$/B��.Fi.
COUXTY ROAB S1
SET 5/8'
N84 °5.4'32 "W 237.20' 1
I.F3. ,
SET 5ta ` I.R.
PARCEL z o
0.239 AQ
L. O T .. -1 O t1g410.8 SO. FT..J
DONALD V A VELKA
RT. 3 , s0X 1 LOT 10
ROBSTOWN 'TEXAS 78380
OOCU ANT NO. 1998656983 STEV&4- FL NOO
O.P- R.N -C.T_ ]3720 HILLWO06' TRAIL NOF�7t1
0088PLIS C! R'STI, TE?CA-$- 7 (3410
VOL_ 2117, PO. 231
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NO_ 7
EXISTING
`SET 5/6' I
L—OT 9
ALeEFIT t- STVCHLY
8806 L^KEBjDE FOREST OR.IVE
NOVSTOt -d TEXNS 77066
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CITY Of CORPUS CH lSTI, TEXAS
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IMAGINE PROPeATIES LLc
54541. GEAR LANE �F1
CORPUS CF - MSTL TEXAS 78465
St)9 ° 1.5'49'W
1.6.04' C
To 4 RD.
NQ, 88
POINT OF
BEGINNING
F a NINA E: fEEOHM
L 104572 Loop
CO3PCiS CHRISTI, TExAS 75410
M— 762, PQ 516
OpU'LC.7
POI NT OF
FOk1E�lD�$/B��.Fi.
COUXTY ROAB S1
SET 5/8'
N84 °5.4'32 "W 237.20' 1
I.F3. ,
SET 5ta ` I.R.
PARCEL z o
0.239 AQ
L. O T .. -1 O t1g410.8 SO. FT..J
DONALD V A VELKA
RT. 3 , s0X 1 LOT 10
ROBSTOWN 'TEXAS 78380
OOCU ANT NO. 1998656983 STEV&4- FL NOO
O.P- R.N -C.T_ ]3720 HILLWO06' TRAIL NOF�7t1
0088PLIS C! R'STI, TE?CA-$- 7 (3410
VOL_ 2117, PO. 231
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f ... 15 1.—^ • 14 : e i r f . 1
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SurveYcr. hereby certiFy dt � Itie around'
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VOL 1-426.. PC,, 691
D.FWC.T.
NO9�i230*E I-:L5.04'
0f R.O.W.
/ — / PROPOSED
TO U.S. HWY,
NO_ 7
EXISTING
`SET 5/6' I
L—OT 9
ALeEFIT t- STVCHLY
8806 L^KEBjDE FOREST OR.IVE
NOVSTOt -d TEXNS 77066
VOL- 793, PQ. 336
oY N.C.T.
f
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t �• �� � ` Q��S
RUSSELL D.
5241 ,i fi
aas prepr`red day o
m/ direct ior� Ti1l s tha 8GARUM FAE MI7Y� eLPNEY OF Hto* -M-*�Y
rr er
CCLV" ax GOU�F�v rbr�7 na Fa 4th Hx�utY
g/,gg a i,El� E7J7TF�It10 DA7ED JUNE 20. 76701.
� i�. PaY1s -
9tvte of Texas L.ia. 5.241 �� �
COUNT 1' ROAD 52 R' , w. ACQUISITION
sce R. r
= t of lanC concalrin,7 02.39 Acres fi441Qg S4 FL;
ait of
as a 1 � d 11 a[une A A7ce 54 of My ion
ids of I -oxs oxnty, T—
CITY Of CORPUS CH lSTI, TEXAS
oep8rb7 en t of FlWrl -6 9 �eF vices
;�, piv &on
17rte 11 / 30 / 2001 B ;
L?nrr By: J'Tr-
pjKF 64 By : n63 Ro, 52 P� 10
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Do� 20 11 C1 1. 2585
# PuyemA4- 1W
04/13/2011 11:17AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $55.00
UNTY
Any nrovision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Roce, Color,
Religion, Sexy HundicoP, Fom|1|ul Status, or
Not{ooul Uriy{n is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby osrhify that this instrument was FILED
in file number senuencm on the dote and at the
time stomned herein hu ma, end was duly RECORDED
in the Official Public Records of
Nuecey County, Texas
Diana. T. Borrero
-��-
tv
�
irdo
Of
t PAT
City of Corpus Christi
Dept of Engineering Services
Property and Land Acquisition ^^
P. (� ��������7 \��
' '
Corpus Christi, TX 78469-9277
RECORDER'S MmmxomAmnnm
At the time of recordation, this instrument was found
mov inadeq for t h e best photograph reproduction
because of illegibility, carbon or photocopy, discolored '
paper, etc, All hmomout additions and changes were
present m the time instrument was filed and recorded.