West Beach Addition, Bob Jones Park (Lot 25, Block 2), 1998 - Judgement of Court in Absence of Objectionsr ti ~ )
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NO. ED-98-00662-C 9'9/±~ :,
CITY OF SOUTHLAKE, TEXAS § CONDEMNATIOf~:PR~7~~~DINGB~ `~~~~
VS. § IN THE PROBATE COURT "%~;:~ c ;~
§ ~ °• T
KATTIE SCOTT § DENTON COUNTY, TEXAS F~
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rt
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`h 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 Kattie Scott 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 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 20, 1998, the Court appointed John Kelsey,
vo~0072 Pc0022
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 property 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 November 10, 1998 the commissioners hearing was conducted, and the
special commissioners awarded the sum of $6,000 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 November 12, 1998; that on December 2, 1998, Plaintiff City
of Southlake deposited the sum of $6,000 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
H:1LI B RARY1Southlake\W ESTB EAC\Scott\Pleadingsljudgment.wpd
YOI. ~~,e~aPr'a'f~l`D~~dant for the acquisition of .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 25, Block 2, 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 $6,000, 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.
SIGNED, RENDERED AND ORDERED this the ~ day of ,
199.
CCFTIF!ED CQPr' CEFT!F~G;TE
STATE CF Tt=~4S. CCuNTY OF DENTON
I, CYNTHIA MITCHELL, County Clerk of Dentcn Cc~~•, r
Texes do hereby certify that this is a true & cc••e~•
co as same a ears of record in m '
FY PF Y c"
witness my hand and seal of office cr~Presiding Judge
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