West Beach Addition, Bob Jones Park (Lot 33, Block 2), 1998 - Judgement of Court in Absence of Objections0~oo7~t P~o3~~~
CITY OF SOUTHLAKE, TEXAS
VS.
NO. ED-99-00716
THE ESTATE OF DOUGLAS MOORE,
QUOQUEZ MOORE, A.C. SALLEY, and
CORA SALLEY
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§ CONDEMNATION PROCEEDINGS;; ' . ' ~ .,, ~~'-`- ,
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§ DENTON COUNTY, TEXAS
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 1st day of December, 1999, in the above-entitled and number
cause, which is a condemnation proceeding in which the City of Southlake, Texas is
Plaintiff and The Estate Of Douglas Moore, Quoquez Moore, A.C. Salley, and Cora Salley
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
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Defendants to acquire the property; that all acts, conditions and things required by law,
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, 1999, the Court
appointed John Kelsey, Esq., as attorney ad litem in this cause; that on August 19, 1999,
the Court appointed Tom Jester, Gray Shelton, and Chris Raesz 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 by law, and that the publisher's return of citation by publication has been filed
among the papers in this cause; that on November 18, 1999 the commissioners hearing
was conducted, and the special commissioners awarded the sum of $4,800.00 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 December 1, 1999; that on
December 1, 1999, Plaintiff City of Southlake deposited the sum of $4,800.00 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.
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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
above-named Defendants for the acquisition of 7200 square feet of land located in Denton
County more specifically described in Volume 2, Page 34 of the Denton County Deed
Records, also described as follows:
Lot 33, Block 2, West Beach Addition, an Addition to the City of Southlake,
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 the attorney ad litem in this cause is $236.12. It is further ORDERED that this sum be
taxed as Court costs in this proceeding, and it is ORDERED that this sum be paid by
Plaintiff City of Southlake.
It further appears that the Plaintiff City of Southlake has deposited in this Court the
sum of $4,800.00, the amount of damages awarded by the Special Commissioners to the
Defendants, and that the Plaintiff City of Southlake has paid all fees of the Special
Commissioners, the attorney ad litem, and all other costs of these proceedings, and it is
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therefore ORDERED that a Writ of Possession issue on behalf of the City of Southlake.
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SIGNED, RENDERED AND ORDERED this the ~~~ day of , 2000.
Presiding Judge
hTC (iF TT"X?1~. Gt~f ~~:m' (1F Drr`!7C)N
L G"Iv`TRIP• F,'iTCHrll.. Coun'1~ Clerk ^i Dent^^ Goun{1r,
7r-->-a~ dr_ l,r-*~hvc~~;~Vtyc„i~i~ i• a,,~ir+~C ccrrpri
ccr~~ a< <ar.^c ecDrar~ of rrCCrd it mt~ c-ffce.
lA~i;nes~ my hand nr,•d seal of office on
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Cyr~hia R4itcheit -
~~;-_ Denton Goun;y Clerk _
By Deput¢-~
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