Citation by Publication/Notice Details

Cause Number : 19-03-035
Name(s) of party to be served : THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF MARY FRANCES RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF JOHN HAROLD RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF DAVID O. H
Court/County : 271st District Court - Jack County (Jack)
Citation Type : Rule 113 - Actions Against Unknown Owners or Claimants of Interest in Land
Publication Start Date :  9/28/2020
Publication End Date :  10/26/2020
Status : Return Issued
Citation/Notice Text :

THE STATE OF TEXAS You are hereby notified that Plaintiff’s Original Statement and Petition for Condemnation was filed in the 271st Judicial District, Jack County, Texas on the 13th day of March, A.D. 2019, in this case, numbered 19-03-035 on the docket of said court and styled: ONEOK ARBUCKLE II PIPELINE, L.L.C. Plaintiff, VS. RUSSELL H. BURCH, SUCCESSOR TRUSTEE OF THE JOSEPH AND MARY KATE BURCH LIVING TRUST DATED FEBRUARY 7, 1990 AND AS TRUSTEE OF THE JOSEPH BURCH SURVIVORS TRUST; JOHNNIE JOSEPHINE PARKS CARTER; ANNAH SIMONE HOOTEN; ANNA KRISTINA BECKMAN; JOSEPH SAMUEL REBIK, STEPHEN EMIL REBIK, GEORGE ALLEN REBIK, JOHN LAWRENCE REBIK, JULIA JEAN GLENN, EACH INDIVIDUALLY AND AS CO-TRUSTEES OF THE EMIL AND JEAN E. REBIK FAMILY TRUST; BETTY MAE KELLEY, AS INDEPENDENT EXECUTOR OF THE ESTATE OF JAMES W. KELLEY, SR., AND AS TRUSTEE OF THE KELLEY FAMILY TRUST; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF MARY FRANCES RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF JOHN HAROLD RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF DAVID O. HOOTEN; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF EVA RISCH FRANKLIN A/K/A EVA ALICE FRANKLIN, AND ANY OTHER PERSONS AND ENTITIES CLAIMING AN INTEREST IN THAT CERTAIN TRACT OF LAND, A CALLED 170 ACRES, IN THE HENDERSON COUNTY SCHOOL SURVEY, ABSTRACT 257, AND BEING THE SAME TRACT OF LAND DESCRIBED IN BOOK 565, PAGE 433, IN THE DEED RECORDS OF JACK COUNTY, TEXAS, Defendants. To: THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF MARY FRANCES RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF JOHN HAROLD RISCH; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF DAVID O. HOOTEN; THE UNKNOWN HEIRS, ASSIGNS, DEVISEES, AND LEGAL REPRESENTATIVES OF EVA RISCH FRANKLIN A/K/A EVA ALICE FRANKLIN AND ANY OTHER PERSONS AND ENTITIES CLAIMING AN INTEREST IN THAT CERTAIN TRACT OF LAND: A called 170 acres, more or less, being Lot Number 12, Block 2, situated in the Henderson County School Land Survey, A-257, Jack County, Texas, being more particularly described as the “First Tract” in that certain Warranty Deed dated August 4, 1990 from John Andrew Hooten to Owen Leo Hooten, recorded in Book 565, Page 433, Deed Records, Jack County, Texas, less and except any conveyances heretofore made (the “Property”). You are hereby notified that on the 13th day of March, 2019, ONEOK Arbuckle II Pipeline LLC (“ONEOK”) filed its Original Statement and Petition for Condemnation (the “Petition”) to acquire for the Pipeline a fifty-foot (50’) wide non-exclusive permanent right-of-way and easement being twenty-five feet (25’) wide on either side of the centerline description as more particularly described on the respective Exhibit “A” and Exhibit “B” attached to the Petition on file with the Jack County District Clerk, or as amended, to lay, install, construct, maintain, operate, repair, replace, abandon in place, increase, decrease or otherwise change the size of, alter, inspect, test, protect, reconstruct, relocate, and remove and any and all related uses thereto one (1) twenty-four-inch (24”) pipeline and related infrastructure and facilities for the transportation of NGL across, along, over, under, through and upon the Property (the “Permanent Easement”). ONEOK also finds it necessary and seeks to acquire for the Pipeline one fifty-foot (50’) wide temporary right-of-way and easement abutting the Permanent Easement as more particularly depicted as the “Temporary Workspace” on Exhibit A (the “Temporary Workspace Easement”). ONEOK also finds it necessary and seeks to acquire for the Pipeline certain Additional temporary rights-of-ways and easements abutting the Permanent Easement and Temporary Construction Easement, which are more particularly depicted as the “Additional Temporary Workspace” on Exhibit A (collectively the “Additional Temporary Workspace Easement”). ONEOK also finds it necessary and seeks to acquire for the Pipeline a non-exclusive twenty-foot (20’) wide temporary access easement, for the unobstructed passage of persons, vehicles, equipment and, or machinery, on, over, through, across and along the easement area together with the non-exclusive right to use any existing roadway and, or to construct, protect, inspect, repair, alter, reconstruct, restore, improve, maintain and use a road, including ditches, culverts, drains and such other appurtenant facilities as depicted on Exhibit B (the “Temporary Access Easement”) (the Permanent Easement, Temporary Workspace Easement, the Additional Temporary Workspace Easement, and the Temporary Access Easement are collectively the “Easements”). ONEOK may use and occupy the Temporary Workspace Easement, the Additional Temporary Workspace Easement, and the Temporary Access Easement for the lesser of (1) the length of time necessary to construct and test the Pipeline and restore the surface of the Easement or (2) eighteen (18) months from the date ONEOK begins construction of the Permanent Easement (the “Initial Construction Period”). All rights, duties, and obligations specified herein with respect to the Temporary Workspace Easement, the Additional Temporary Workspace Easement, and the Temporary Access Easement shall apply only while same are in effect. You are further notified that the Special Commissioners appointed by the Judge of the 271st Judicial District, Jack County, Texas, have scheduled a hearing to be held on the 8th day of December, 2020, at 11:00 a.m., in the Jack County Courthouse, 100 N. Main, Suite 307A, Jacksboro, Texas 76458, at which time the Special Commissioners will assess the damages occasioned by the condemnation of the easements sought in the Petition. The easements are sought against all persons or entities claiming any interest in the Property and/or in and to the easements sought by this proceeding. If this Notice is not served by publication within ninety (90) days after its issuance, it shall be returned unserved. Witness Our Hands this the 28th day of September, 2020, /s/ Margaret Sue Cherryhomes, /s/ David Lindsey, and /s/ Kevin Wolf, Special Commissioners, Jack County, Texas, hereby order this writ published in Jacksboro Newspaper for the time specified therein. ISSUED AND GIVEN under my hand and seal of said Court at Jack County, Texas, this the 28th day of September A.D. 2020. TRACIE PIPPIN District Clerk