West Beach Addition, Bob Jones Park (Lot 27, Block 5), 1998 - Judgement of Court in Absence of Objections~ULUU 1 r' ~~+.~~5b
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CITY OF SOUTHLAKE, TEXAS
VS.
NO. ED-98-00858-C ~„, ~~~~:
EDWARD HIGBEE, LORINE HIGBEE,
ANDREW WELLS & IDELIA WELLS
§ CONDEMNATION ~~~0_~EED~t~(~~$ 1
§ nr:r~rY c~"rn r;f C;~xt
§ IN THE PROBATE COI~l~~f°'h'~'Urrcti~rFx
§ ~~~
§ DENTON COUNTY, TEXAS--.~cfF~,T~
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 20`h day of January, 1999, in the above-entitled and number
cause, which is a condemnation proceeding in which the City of Southlake, Texas is
Plaintiff and Edward Higbee, Lorine Higbee, Andrew Wells & Idelia Wells are Defendants.
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 Defendants to engage in good faith negotiations to reach an agreement with
Defendants 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 November 2, 1998, the Court
appointed Russell Welch, Esq., as attorney ad litem in this cause; that on November 2,
''r'OLO07? PGQ~3S7
1998, the Court appointed Tom Jester, Burt Solomons, and Lisa Polster as special
commissioners to assess the value of the property which is the subject matter of this suit;
that Defendants 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 bylaw, and that the publisher's return of citation by publication has
been filed among the papers in this cause; that on January 6, 1999 the commissioners
hearing was conducted, dnd the special commissioners awarded the sum of $2,000 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 January 20, 1999; that on January
27, 1999, Plaintiff City of Southlake deposited the sum of $2,000 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.
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
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS PAGE 2
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above-named Defendants for the acquisition of the parcel of real property, .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 ,Block 5, 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 Defendants, 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 Russell Welch, the Court appointed attorney ad litem in this cause, is $187.50. 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, Russell Welch,
in this cause shall hereby terminate.
It further appears that the Plaintiff City of Southlake has deposited in this Court the
sum of $2,000, the amount of damages awarded by the Special Commissioners to the
Defendants, and the Plaintiff has paid all other casts of these proceedings, and it is
therefore ORDERED that a Writ of Possession issue on behalf of the City of Southlake.
~~~
SIGNED,RENDEREDANDORDEREDthisthe~dayof ~~~.1 ,1999.
residing Judge
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