The URL can be used to link to this page

Home My WebLink AboutFinal Judgement (Exchange of Property) - Forest Bend Fire Station #3 - 4302 LAURA LEIGH _ , . . .. � � �2/� • R:it}��"nP��iii°��`"�'��.��. ,� -- '�'�`1 �3f.e�.t�i \� __ y � � � �� 88213 N4. 934449 �, , }a. � � o � , '�( CITY OF FRIENDSW�OD, TEXAS, § IN THE CUUNTY'COUR � ,� � �-- Plaintiff, § �z,'; cA ��s1 � § ="� "� '. 4 � . � � v. �, � ' ��a. § AT LAW NUMBER A�:(0 r;:;�, � § . s; � 1� _�.�w r.. �, / FOREST BEND Ht?MEOWNERS § : �" �" ASSOCIATION, INC., § •`� § Defendant. § HARRIS COUNTY, TEXAS FINAL JUDGMENT BE IT REMEMBERED, that on this day came to be heard before this Court Plaintiff s ,, � Mation for Entry of Final Judgment on the above-entitled and numbered cause. �� I. I � After having reviewed the file in this cause, and after having read the Motion for Entry of ,'�.a � Judgment, and after reviewing the Award of Special Commissioners, this Court finds: ''� 1} That under and by its First Amended Petition in Condemnation filed with this Court, � Plaintiff sought and prayed for the acquisitian from Defendants of fee simple title to the lands � described in Exhibit "A," attached hereto and incorporated herein by reference, and an access easement across the property described in Exhibit "B," attached hereto and incorporated herein with this reference, through condemnation, for the construction, installation, inspection, operation, repair, maintenance, and removal of public safety building in the City of Friendswood. 2} Thai pursuant to said Plaintiff's First Amended Petition in Condemnation, the Judge of this Court appointed three disinterested freeholders of Harris County, Texas, as Special Commissioners, who subsequently took their oaths of office, set a date for hearing before such I;k(;t11rllF:it'S MF.'MUliANI)�',y�: Al tbu tuuu ul tw:vidul+oq.tlu�uiirl:iir„„r�� wnr;I�.��t;� to !w ivaJu 4uu[u�fur tbd L�.;� Cu�y lucbon Mu:nqno�d�!!.�.r�h�!:�. ,?� s-�a � ``r;�< �.-.r�� ; � � a cERTIFIE�coPY APR 2 0 2009 �� . � :n� x�.:. � ,.�,. �� , r" „� ATTEST: � . N ' BEVERLY B.KAUFMAN,County Clerk =�� ` ..� � Harris Cou Texas '�=� � � � t� . - c,,� - G? Deputy �� . � � � • i Special Commissioners, and caused notice thereof to be duly served as prescribed by law; and that said Special Commissioners duly held said hearing on March l 1, 2009. 3) That upon the date and time of said hearing, Plaintiff, the City of Friendswood, Texas appeared by and through its attorneys of record. Loren B. Smith of Olson & �lson, L.L.P. appeared and the Defendant Forest Bend Homeowners Assaciation, Inc. appeared by and through their President, Janice Poore. 4) That the Special Commissioners heard the evidence presented by the parties present at the hearing and, thereafter, rnade and rendered their decision and award in writing and filed said Award af Special Commissioners with this Court on March 13, 2009. �`°" 5} That by said written Award of Special Commissioners said Special Commissioners � �� awarded to Defendant Forest Bend Homeowners Association, Inc., the sum of Eighty-Two t ' �� . � Thousand and No/l00 Dollars ($82,000.00}. �� "� 6) That the award was tendered directly to Defendant Forest Bend Homeowners � �� Association, Inc., c/a of Janice Poore who subsec}uently cashed the check on behalf of the � � Association. �� 7) That no objections or exceptions to the Award of Special Commissioners have been f led in this cause, and therefore, such Award of Special Commissioners is final and should be made the judgment of this Court. Il. It is, therefore, ORDERED, ADJUDGED and DECREED that Plaintiff, City of �� Friendswood, Texas, have and recover of and from Defendant, Forest Bend Homeowners �� Association, Inc., fee simple to the real property described in Exhibit "A," attached hereto and incorporated herein by reference, and an easement and right-of-way, perpetual in duration, Final Judgmentl4/8/2009 2 A CERTIFIED COPY APR 2 0 2009 ATTEST: BEVERLY B. KAUFMAN,County Clerk � Harris Count exas � �.eputy ndrew pa�o�o . • � upon across under, and through the reat property described in Exhibit "B," attached hereto and incorporated herein by this reference far the construction, installation, operation, repair, maintenance, and remaval of a public safety building in the City of Friendswood, situated in Harris County, Texas; and that Defendant is entitled to judgment from the City of Friendswood, Texas, for thc sum of Eighty-Two Thousand and No/100 Dollars ($82,OOO.oa�, for their interest in the property condemned, and for damages, if any, to the remainder property. III. It is further ORDERED, ADJUDGED and DECREED that an fee simple title to the real property described in Exhibit"A" attached hereto, and that easement perpetual in duration, upon, `�' across, under, and through the real property described in Exhibit "B," attached hereta, is �1 �'� hereby decreed to and vested in Plaintiff, the City of Friendswood, Texas, with the right of �� ' ingress and egess to and from the easement with all rights and privileges including but not '�'p� i�4� � limited to the right to cut and trim trees or shrubbery that may encroach upon the easement, and � the right to assign said easement and right-of-way or any part thereof or interest therein, and ��9 ;� . the same shall be divisible among two or more owners, whether public or private, as to any �� q rights or rights created hereunder, so that each assignee or owner shall have the full rights and privileges acquired by and through this Final Judgment, to be owned and enjoyed either in common or severally. � IV. It is further ORDERED that City of Friendswood, Texas be, and it is hereby, discharged of its constitutional obligation to pay just compensation for the condemnation and taking of the easement herein described. Final]udgmentl4/8/2009 3 A CERTIFIED COPY �� ATTEST: BEVERLY B.KAUFMAN,County Clerk Harris Count Texas + Deputy Andrew Palomo � . • • • V. It is further OR.DERED that all costs of this proceeding be, and they are hereby, taxed against Plaintiff, City of Friendswood, Texas, which costs shall be paid to the County Clerk of Harris County,Texas. The Court denies all relief not granted in this judgment. SIGNED this day of April, 2009. JUDGE PRES ING ?�"9 • '�� `ry� APFROVED AND ENTRY REQUESTED: �� OLSON & OLSON,L.L.P. � . `',�R �M♦ ^3 � � J ,��•� c� 0 B L` '�%� ]� �d y� oren B. Smith ,s� �`�� ;� �� State Bar No. 186437'�5 =:� �i•, �- �_- "�p" Wortham Tower, Suite 600 ,,�� :�:-� � :<; C�;i,: 3 t� 2727 Allen Parkway . _;� -,, � Houston,Texas 77019 ��' � N � (713) 533-3800- Phone . i ^� (7l3) 533-3862 - Facsimile ATTORNEYS FOR PLAINTIFF, CITY OF FRIENDSWOOD, TEXAS Final Judgmenil4/8/Z(�9 4 A CERTIFIED COPY �D� � o ��0� f ATTEST: BEVERLY B. KAUFMAN,County Clerk Harris County,Texas " ..-'� Deputy Andrew Pafomo � ' ' � � � ACCESS EASEMENT ME"i'ES AND 130UNDS DCSC[uPT[ON U.t 30 ACRE C)U`C OE I.JNCtESTEt[CCCD EtESERVE"E" FOREST Bl.P1�D,SECTiON ONE C'RIENDSWOOD, HA[tRiS COUNTY,TCXAS Alt tllat certain O.130 acre out of Unrestric�ed Rese�ve "E", Forest Bend, Section One according ta the plat thereof as Filed icti Volume 151, Page t01 Harris County Map Records, ['riendswoad, Hanis Couiity, Texas and being mo►-e parcicu4arly desc�lUed by meies and bounds as follows (bearings Uased on the recorded plat of said Corest Bend, Section One); Beginniilg at a point marking the south corrter of Lot 5, Block 2 of said Forest Bend, Section One from wh'sch a found 5/8"iron rod bears N 58° 32' 08" W —0.40' from said point; 1. Thence N 4$° 24' 57" W — 62.1 l' with the southwestetly line of said Block 2 to a found 5/8" iron rod for coiner marking the east corner oE that ceRain tease tract between Forest I3end Homeowners Association, Inc. (Lessor} and Porest Bend Vofunteer Fire Department, Cnc. �� (Lessee) as �led in the Officiat Records of Iteal Property.of Harris County at Clerk's i'i!e '��' Number E-408990 and Film Code Number l 19-03-1062; .a; r{'k� 2. Thence S 4t° 35' 03" W — 140.00' to a set 5/8" iron rod with cap (stamped C. L. DAVIS- �; RP[.S �3464) Eor comer; ��yyy 3. Thence N 86° 35' 03" � — 86.LS to a point marking a point on a curve to the right havtng a G�;�� j radius of 50.40' and a central angle of l04° 32' 12"; � 4. Thence with sa'sd curve and the northerly right-of-way tine of Laura Leigh Lane an arc �� distance of 91.23' and a chord bearing and distance of N 42° 26' 46" E — 79.09' to t�e �� POrNT OF BEGINNING and containing 0_L30 acre(5,650 square feet}oE land more or less. �� This metes and bounds descri.ption is accompanied by a separate plat, drawing or exhibit per ;� Texas Board of Professioaat I,and Surveyo�'s "General Ruies of Procedures and Practices" � Section 663.19(9}. � Compiled by: GL.Davis&Company ��r,�rs n�maxAllpv� � Job Number:#11-907 Access Easement M&B.doc At�,�,.;.:,;,;,�;,,:�-a•r.��»,�-18�`..n�"'nc w�t,oma� �g�v20Q.� to ba i::e:.e;�:�::•: 'or tL;o bcst PaotoG'tePhi� reProduct:•�r.:;�:.::=:a�oi i':F,,;:bility�carbon ot Phott► ' �opy,diycc;�azad=��eantaYthe�timHthe�5inaau�i�t�, nad ch�:Bo�''��- �rNa II1r�d BIId xecetded �1�� i 1-907 Aoress Easement MB I ` ,1 �'`r �;.�:�� ° ,�j � (��.,+�-� �us� A CERTIFIED COPY C� �� ATTEST: ApR 2 0 �� 2 �7 �-�-�� y BEVERLY B. KAUFMAN,County Clerk � �� Harris County,Texas ,_ �-�o� �� ;�`tc �,eputy � "7 c,� I � Andrew Patomo G�� 7 �� 'ti� � I � �''�� . �' '�� + � �� ANY PROVISpN HEREIN WHICH RESTRICTS THE Sh�E RENTAL OR USE OF TME DESCRIBEO REII PROPERIY BEC�USE OF COLOR OR RACE IS INVAIID AND UNENF9ACES$lE UNDER FEDEiZ1l UW THE STATE OF TEXAS COUN7Y OF HARRIS I�er^b�cMJy Cat Ns nstrumentwas fllEp n Fie Num6er Sequence oo Ne Qate ae�at Ne time stampeC�erean D�me;aM was duly RECORDED,In tl�e Olfidtl PuDic Aecords of Real Properry of Narrs Carry,Taam APR 2 2 2009 �,. ��'��/ COUNTY CLERK t HARRIS COUNTY,TEXAS ' ' ` • • M.ETCS AND BOUNDS DESC�til'T(ON 4.4017 AGRL �UT Ur UNRES'1'RIGTCD RESERVE"E" FORCST BEND, SECTfON ONL F2tENDSWOOD, HAftRiS COC1N"fY,TEXAS All that certain 0.4017 acre out of Unrestricted Reserve"E", Forest 13end,Section One according � to the plat thereof as filed in Volu�ne i61, Page 101 Na�Yis County Map lZecards, Friendswood, �� Harris County, Texas and being more particularly described by metes ac�d bounds as follows (bearings based on the recorded plat of said Forest Bec�d, Section One); Commencing at a point marking the sauth con�er oP Lot 5, Block 2 of said PoresC Bend, Section 4ne frpm which a fou«d 5/$" iran rod �iears N 58° 32' 08" W — 0.40' frain said point; Thence N 48° 24' S7" W —62.I 1' with the southwesterly line of said Lot 5 to a Found 5/8" tnarking the POTNT O� BEGTNNING of herein desc�iUed tract and marking the east corner of that certain 3ease• tract between Eorest Bend [-{omeowners Association, [�c. (Lessor} and Forest Bend Volunceer Fire pepartmenc, [nc. (Lessee) as filed in the Official Ctecords of Real Property of � Hams County at Clerk's Pite Number E-408990 and Fifm Code Number ! 19-03-1062; �� t. Thence N 48° 24' S7" W— l25_00' continuing with the southwesterly line of said Blocic 2 ta �°� a set 5/8" iron rod with cap(stamped G L. DAV[S-RPLS 4464) to a point forcarner; �;� 5� 2_ Thence S 4t° 35' 03" W — 140.00' with the southeasterly line of a 80' wide drainage � easement as filed in Volume l61, Page 101 Harris Counry Map Records ro a set 5/$" iron rod ��,� for corner; . � 3. Thence S 48° 24' 57" E - 125Aa'to a set 5/8" iron rod with cap (stamped C. L. DAVIS- ,� RPLS 4464) for comer; �� "!� 4. Thence N 41° 35' 43" E — 140.00'to the POtNT OF BEGiNNCNG and eontain'sng 0.4017 acre(17,500 square Eeet) of land more or iess. ' ��s � This metes and bounds description is accompanied by a separate piat, drawing or exhibit per Texas Baard of Professianal Land Surveyor's "Generaf Ru1es of Pracedures and Practices" Section 663.19(9): Comgiled by: C.L. Davis&Gompany Job Number:#11-907 0.40i7 Acre M&B.doc 08/22/2007 . �,�.�t��,�.�. . . ��-90�o.qoi�n�re Me � A CERTIFIED COPY A.�..,.EST: APR 2 0 200� BEVERLY B. KAUFMAN,County Clerk Harris Count Texas ��eputy � Andrew Palomo