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Home My WebLink AboutJudgment - Marie H. Valenzuela - 302 WHISPERING PINESCAUSE NO. CV-0074305 CITY OF FRI INDSWOOD, TEXAS § IN THE COUNTY COURT V. § § MARIE H. VALENZUELA; § AT LAW NO. 3 MORTGAGE ELECTRONIC § REGISTRATION SYSTEMS, INC.; § AND IMORTGAGE.COM, INC. § GALVFSTON COUNTY, TEXAS JUDGMENT Plaintiff, CITY OF FRIENDSWOOD, TEXAS, filed this condemnation action seeking to acquire fee simple title for road right of way purposes through, across and upon, the real property situated in Galveston County, Texas and described in the attached Exhibit A (the "Property') for a project for which Plaintiff has demonstrated a public necessity and for which the property is needed for a public use. Defendants named herein arc the oily persons or entities with an apparent interest in the property located in Galveston County, Texas that is the subject of this condemnation action. The Court appointed three disinterested real property owners in Galveston County, Texas to act as Special Commissioners. After lawful notice was given to the named Defendants in this case, the Special Commissioners convened in Friendswood, Galveston County, Texas, to hear evidence. On December 1, 2015, after having heard the evidence presented to them, the Special Commissioners entered an Award in the amount of $38,062.00. Objections to the award were filed by Defendant, MARIE H. VALENZUELA. _ On March 17, 2016, the Defendant's objections to the Special Commissioners' award came on for hearing by bench trial. FILED STATE OF TEXAS COUNTY OF GALVESTON CEP.Wi'COP) C F,RTIFICATE 16 MAR 17 rM 105 CAI vr4F'Y CLEAN "'Ntv *rr.t The above and foregoing is a true and correct copy of t1w original rccord riled i n mj office in the Official Records of County Court at Law No. 3. I hereby certify on September 6, 2022. Dwight D. Sullivan, County Clerk Galveston County, Texas By: Deputy hiwn Johnson Plaintiff has deposited the above-rcfcnarccd amount of the Special Commissioners' Award into the Registry of the Court. Based upon the Court's taking judicial notice of the pleadings and instruments on file in this action, and the wiu=s testimony and evidence admitted, the Court finds that all jurisdictional prerequisites to the filing of this condemnation action have been satisfied, that the Special Commissioners dutifully entered an Award in this case, and that Plaintiff possesses the power of eminent domain to condemn the property rights being taken in this action. It is, therefore, ORDERED that Plaintiff shall recover of and from Defendants fee simple title to the property described in the attached Exhibit A for road right-of-way purposes. ORDERED that fee simple title for the above -described road right-of-way, purposes is hereby vested into Plaintiff, provided, however, there is excluded from the estate to be condemned all "minerals" i.e., sulphur, oil, gas, and other liquid hydrocarbons under that surface estate, but providing that Defendants and their heirs, executors, administimors, successors and assigns shall have no right to enter upon said surface estate for the purpose of exploring for m extracting or mining any of said "minerals" or in any way whatsoever interfering with PWntifrs use of said surface estate. 11 is, further, ORDERED that Defendants shall have and recover of and from the City of Friendswood, Texas the total sum of $38,062.00, which amount has been deposited into the registry of the Court It is, farther, ORDERED that Plaintiff shall pay all costs of Count incurred in this matter, which costs have been paid. 2 STATE OF TEXAS ('FIMFIEl)(011) CERTIFICATE COUNTY OF GALVESTON The above and foregoing is a true and correct copy of the original rccunl filed in IM off ice in the Official Records of County Court at Law No. 3. 1 hereby certify on September 6, 2022. Dwight D. Sullivan, County Clerk 4 Galveston County, Texas c4 rOF By: Deputy awn Johnson All further relief not expressly granted herein is denied. This is a final and appealable judgment. (n� 0- SIGNED this 1 /l day of __PkAA-.-- , 2016. 1 DGE }fi APPROV . AS'f P ) n/1KY NtLLIh°t M O, FO DSUB CE: csurYy 4"�rA4 1.nt-' Na 3 � r/�1N U^r�.OVnI�S �EXI�S l Amol co State Bar of Texas No. 16089450 City Attorney 910 S. Friendswood Dr. Friendswood, Texas 77546 Phone No. (281) 996-3283 Fax No. (281) 492-1634 Email: apolaneWfriendswood com 3 FILED 16 MAR 17 PM 3: 06 fC'.IKIYM M GALV �'-'I N"IFYFe STATE OF TEXAS - -CERTI OED COPY CERTIFICATE COUNTY OF GALVESTON The above and foregoing is a true and correct copy of the original record tiled in my Mice in the Official Records of County Court at Law No. 3. I hereby certify on September 6, 2022. haw*,. Dwight D. Sullivan, County Clerk Galveston County, Texas fib. _Deputy awn ihnxm EXHI6IT 4A" A parcel caAaining approximately 0.2219 of an acne or 9,665 square feet of land out of a 6.36 a= parted legally described as Lot 5, Block 11, Friendawood Subdivision, Galveston County, Texas, locatod at 302 Whispering Pines Drive, Fdeadawood, Galveston County, Texas. **"Metes and Bounds Survey attached *** FILED 16 MAR 17 fM 3106 EXHIBIT ^A" •� f.01!giY CLLrI( STATE OF TEXAS CERTOEb COPI' CERTIFICATE COUNTY OFGALVESTON The above and foregoing is a true and correct copy of the iuiginal recotSfiled in my office in the Official Records of County Court at Law No. 3. hereby certify on September 6, 2021 o„a*off Dwight D. Sullivan, County Clerk Galveston County, Texas F � . By: Deputy wn ohnson Addenda e Y +a ! ! �1 gpgpg gg is B ��+p y�{ a 4 Yd r1�P��t� ` ry o do a J%4f(6' m XNrr mom YnAl"Hoo ^„Mph f & 1 p � o C a t am -401 P 50 FILED 16 MAR 17 FM 3. 05 f0'ari'r ;JERK GWO ' • f. STATE OF TEXAS CERTIFIED COPY CERTIFICATE COUNTY OFGALVESTON - The above and foregoing is a true and correct copy of the original rcrotd'filed in nip office in the Official Records of County Court at Law No. 3. hereby certify on September 6, 2022. a�,., Dwight D. Sullivan, County Clerk Galveston County, Texas R c .Ot By: kAnnn=j Deputy awn Johnson Addenda a t � $$qi �y9�7� p ii MC: i7t 8i S9 3 t a �c� afe�t P--t..!_A yy A� b Ja�c+N !aj' a i YIIf e C 9 yy dE e @ y 1 ! y 940 4 YMnNOId�, 7$ 9 S011 51 16 MAR 17 PM 3= 06 cr•:x t Y ,Ll anivI ^nu,y. v.,rx!< STATE OF TEXAS CIIIZTIEItD(0M CERTIFICATE COUNTY OF GALVESTON The above and foregoing is a true and correct cop% l,t the original mc, Ord Wed in m% office in the Official Records of County Court at Law No. 3. I hereby certify on September 6, 2022. - ••..� Dwight D. Sullivan, County Clerk o' Galveston County, Texas 1W bAZla Deputy tawn Johnson Instrument Number: Recording Fee: 46.00 Number Of Pages: 7 FILED AND RECORDED 2022057592 Filing and Recording Date:09/06/2022 10:50AM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. Dwight D. Sullivan, County Clerk Galveston County, Texas NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk. DO NOT DESTROY -Warning, this document is part of the Official Public Record.