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B>CAUSE NO. 05-33181-3 In the County Court at Law No. 3 Tarrant County, Texas City of Arlington, Petitioner, V Walter Hugh Herrington and Brian P. Zielinski, Defendants.
TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the City of Arlington, and files this Statement in Condemnation under section 21.012 of the Texas Property Code, and in support thereof would respectfully show the Court as follows:
1. Discovery in this matter should be conducted pursuant to Rule 190.3 of the Texas Rules of Civil Procedure (Level 2).
II. PARTIES 2. Petitioner, the City of Arlington is a municipal corporation located in Tarrant County, Texas, duly chartered and operated as a home-rule city under the Constitution and laws of the State of Texas. 3. Under the provisions of Petitioner’s Charter and the statutes of the State of Texas, Petitioner is authorized to exercise the power of eminent domain, either within or without Petitioner’s corporate limits, and to acquire title to property for the purposes stated herein. 4. Defendants, Walter Hugh Herrington and Brian P. Zielinski, claim some right, interest, or title to the property to be acquired in this proceeding. Walter Hugh Herrington may be served with process at 1114 Johnson Ave., Arlington, TX 76011. Brian P. Zielinski may be served with process at 816 Vine St., Arlington, TX 76011. 5. Petitioner has made a diligent search to determine the parties who claim some right, interest, or title to the property to be acquired in this proceeding. However, should it be disclosed that a party other than or in addition to the Defendant[s] named herein owns or claims some interest in the property to be acquired, Petitioner reserves the right to amend this Statement to include such party in this suit.
III. JURISDICTION AND VENUE 6. Pursuant to sections 21.001 and 21.013 of the Texas Property Code, this Court has jurisdiction over this eminent domain case. 7. Pursuant to section 21.013 of the Texas Property Code, venue is proper in Tarrant County, Texas, because the land to be acquired is located in Tarrant County, Texas.
IV. FACTS 8. Petitioner has found and determined that the land described in Exhibit A attached hereto, as well as other property, is necessary and suitable for the purpose of constructing an approved venue project in the City of Arlington under chapter 334 of the Texas Local Government Code, which venue project was duly approved by the voters of the City of Arlington as is required under chapter 334. A resolution of public necessity has been duly passed by the governing body of Petitioner. This proceeding is brought to condemn and acquire in the name of and on behalf of the City of Arlington the real property described in Exhibit A, which is attached hereto and incorporated by reference as if set forth in the body of this statement. 9. By virtue of this proceeding, Petitioner seeks to acquire fee simple title to the real property described in Exhibit A. 10. Acting by and through its duly authorized agent, Petitioner has made a bona fide attempt to acquire the property interests to be acquired in this proceeding by purchasing the same from the Defendant[s], and that Petitioner and Defendant[s] have been unable to agree on the amount of damages. 11. Petitioner would show that all acts, conditions, and things required by the Constitution and laws of the State of Texas and the City of Arlington prior to the lawful institution and prosecution of this condemnation action have been done, have happened, and have been performed in the proper and lawful time, form, and manner. 12. For the purposes stated herein, Petitioner now seeks to condemn and acquire the property interests described herein.
V. NOTICE TO DEFENDANT[S] Pursuant to section 21.023 of the Texas Property Code, you are hereby notified that you, or your heirs, successors, or assigns are entitled to repurchase the property sought to be acquired in this proceeding if the public use for which the property is acquired through eminent domain is canceled before the 10th anniversary of the date of acquisition. The repurchase price shall be the fair market value of the property at the time the public use was canceled.
VI. CONCLUSION WHEREFORE, PREMISES CONSIDERED, Petitioner prays that:1. the Court appoint three disinterested freeholders of Tarrant County, Texas as Special Commissioners to assess Defendant’s damages as provided by law;2. 3. such commissioners be sworn, issue notices, hold a hearing, and enter their award as provided by law;4. 5. all proceedings be had, and orders and judgment entered to vest fee simple title to said property in Petitioner, in accordance with this Statement in Condemnation;6. 7. upon payment into the Registry of the Court of the amount awarded Defendant[s] by the Special Commissioners herein appointed, Petitioner have a writ of possession issued in its behalf, as provided by law;8. 9. the Court award Petitioner its costs of Court; and 10. 11. Petitioner have such further relief, at law or in equity, to which it may show itself to be justly entitled.12. Respectfully submitted, THOMPSON & KNIGHT LLP By: George C. Chapman State Bar No. 04123000 Michael E. Schonberg State Bar No. 00784927 1700 Pacific Avenue, Suite 3300 Dallas, Texas 75201 214-969-1700 214-969-1751 (fax) Toby R. Goodman State Bar No. 08159500 GOODMAN, CLARK & BECKMAN 1600 East Lamar Blvd., #250 Arlington, Texas 76011 817-460-8171 817-861-2125 (fax) Ivan Bland State Bar No.02452400 Assistant City Attorney City Attorney Post Office Box 231 Arlington, Texas 76004-0231 817-459-6878 817-459-6897 (fax) ATTORNEYS FOR PETITIONER
Exhibit A Lot 2, Block 1, EAST CRESTWOOD ADDITION, an Addition to the City of Arlington, TARRANT County, Texas, according to the map or plat thereof; recorded in Volume 38:D, Page 209, of the Plat Records of TARRANT County, Texas.

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