West Beach Addition, Bob Jones Park (Lots 27 and 28, Block 1), 1999 - Judgement of Court in Absence of Objections',,} ^~
NO. ED-98-00663-C ~ ~'
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CITY OF SOUTHLAKE, TEXAS § CONDEMNATION P.ROCEEDf ,, . ,
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THELMA R. BOUYER § DENTON COUNTY, TEX14S--.`C~p~Ty
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS
BE IT REMEMBERED:
That on this date came on to be heard and considered the decision of the Special
Commissioners filed on the 12"' day of November, 1998, in the above-entitled and number
cause, which is a condemnation proceeding in which the City of Southlake, Texas is
Plaintiff and Thelma R. Bouyer is Defendant.
It appears to the Court, that the Plaintiff, City of Southlake, Texas, is a municipal
corporation located in Denton and Tarrant Counties, Texas, organized and existing under
and by virtue of its charter adopted by the electorate pursuant to Article XI, Section 5 of
the Texas Constitution; that Plaintiff as a home rule municipality is vested with the power
and authority to appropriate private property for public purposes by condemnation
proceedings and to exercise all of the powers of eminent domain; that the Plaintiff seeks
to condemn the subject property for public purposes for the benefit and enjoyment of the
citizens of the City of Southlake; that prior to the filing of this suit, Plaintiff attempted to
locate Defendant to engage in good faith negotiations to reach an agreement with
Defendant to acquire the property; that all acts, conditions and things required bylaw, and
the ordinances and charter of the City of Southlake precedent to the institution of these
condemnation proceedings have been done; that on August 19,1998, the Court appointed
,~
vo~0012 P00025
John Kelsey, Esq., as attorney ad litem in this cause; that on August 20, 1998, the Court
appointed Richard Hayes, Burt Solomons, and David Armey as special commissioners to
assess the value of the property which is the subject matter of this suit; that Defendant and
all persons claiming any title or interest in the subject property were properly served with
notice of the lawsuit and notice of the commissioners hearing by publication as required
by law, and that the publisher's return of citation by publication has been filed among the
papers in this cause; that on November 10, 1998 the commissioners hearing was
conducted, and the special commissioners awarded the sum of $12,000 (two lots at $6,000
each) as the value of the subject property to be paid by the City of Southlake according
to the rules of damages set forth in Section 21.042 of the Texas Property Code; that the
written award of the special commissioners was filed with the Court on November 12,
1998; that on December 2, 1998, Plaintiff City of Southlake deposited the sum of $12,000
into the registry of the Court pursuant to the written award of the special commissioners;
that the Plaintiff City of Southlake has paid the fees awarded by the Court to the special
commissioners for their services; and it is so found, that no objections to the award of the
special commissioners were filed within the time required by law.
It is, therefore, ORDERED, ADJUDGED and DECREED by the Court as follows:
a) That the decision of the Special Commissioners be, and the same is hereby,
made the judgment of this Court.
b) That the Clerk of this Court record the decision of the Special Commissioners
in the minutes of this Court.
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS PAGE 2
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c) That by virtue of said decision of the Special Commissioners, the City of
Southlake, Texas is entitled to condemn and does hereby have judgment against the
above-named Defendant for the acquisition of the two parcels of real property, each .138
acres, located in Denton County more specifically described in Volume 2, Page 34 of the
Denton County Deed Records, also described as follows:
Lot 27 and Lot 28, Block 1, West Beach Addition, an Addition to Denton
County, Texas according to the Plat thereof recorded in Volume 2, Page 34,
of the Map Records of Denton County, Texas, and being within the City
Limits of the City of Southlake, Texas.
d) That fee simple title to the said heretofore-described land is hereby divested
from the above-named Defendant, and is hereby decreed to and vested in Plaintiff, City
of Southlake, Texas.
It further appears to the Court that a reasonable and necessary fee for the services
of John Kelsey, the Court appointed attorney ad litem in this cause, is $252.14. It is further
ORDERED that this sum be taxed as Court costs in this proceeding, and that this sum be
paid by Plaintiff City of Southlake.
It is further ORDERED that the appointment of the attorney ad litem, John Kelsey,
in this cause shall hereby terminate.
It further appears that the Plaintiff City of Southlake has deposited in this Court the
sum of $12,000, the amount of damages awarded by the Special Commissioners to the
Defendants, and the Plaintiff has paid all other costs of these proceedings, and it is
therefore ORDERED that a Writ of Possession issue on behalf of the City of Southlake.
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS PAGE 3
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POLO ~I~IE~, ~~RED AND ORDERED this the~day of ,1999.
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Presiding Judge
C~RTiFEC CGrY CERTIFICATE
~' ATE CF T: EX,4S. COUNTY UE DENTON
I. CYP!TNIA L1ITCHELL. County Clerk o` Denton County,
Texas do her=t;y cert;fy that this is a true & correct
L'/it yess ~mre appears of record in my office.
y ha/~'n{d and seal of office on
~J~//
" ''- Cynthia Mitchell
Dentcn County Clerk
~~,`
By Deputy
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS PAGE 4
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