Citation by Publication/Notice Details

Cause Number : P-12671-112-CV
Name(s) of party to be served : WELL FARGO BANK, FROST BANK, GAVIN ROBERT GARRETT, KIM TIMBERLAKE GARRETT
Court/County : 112th District Court - Pecos County (Pecos)
Citation Type : Rule 113 - Actions Against Unknown Owners or Claimants of Interest in Land
Publication Start Date :  9/29/2020
Publication End Date :  10/27/2020
Status : Return Issued
Citation/Notice Text :

THE STATE OF TEXAS TO: WELLS FARGO BANK, N.A., FROST BANK, SUCCESSOR CORPORATE CO-TRUSTEE OF THE GAVIN RAIFORD GARRETT TRUST, N/K/A THE BONILEE KEY GARRETT TRUST, GAVIN ROBERT GARRETT, CO-TRUSTEE OF THE GAVIN RAIFORD GARRETT TRUST, N/K/A THE BONILEE KEY GARRETT TRUST, AND KIM TIMBERLAKE GARRETT, SUCCESSOR TRUSTEE OF THE TRUST CREATED UNDER THE WILL OF DAVID KEY GARRETT, DECEASED You are commanded to appear and answer at the hearing before the Special Commissioners appointed by the Judge of the 112th District Court of Pecos County, Texas, located at the Old Pecos County Courthouse, 103 West Callaghan, Fort Stockton, Pecos County, Texas, by 10:00 o’clock a.m., on the first Monday after the expiration of forty-two (42) days from the date of issuance of this citation (unless said Monday is a legal holiday, in which case you are to appear on the following Tuesday), said date being 10:00 o’clock a.m. on November 16, 2020, then and there to answer Condemnor’s Original Petition in Condemnation of LCRA Transmission Services Corporation, Condemnor, in the suit styled “LCRA Transmission Services Corporation, Condemnor v. Wells Fargo Bank, N.A., Frost Bank, Successor Corporate Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, Gavin Robert Garrett, Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, and Kim Timberlake Garrett, Successor Trustee of the Trust created Under the Will of David Key Garrett, Deceased, Condemnee” filed in Cause No. P-12671-112-CV, in the 112th District Court of Pecos County, Texas, wherein LCRA Transmission Services Corporation is Condemnor and Wells Fargo Bank, N.A., Frost Bank, Successor Corporate Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, Gavin Robert Garrett, Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, and Kim Timberlake Garrett, Successor Trustee of the Trust created Under the Will of David Key Garrett, Deceased, Condemnee, some of whom Condemnor has been unable to locate, which Petition was filed with the Judge of the 112th District Court of Pecos County, Texas, on the 2nd day of September, 2020, to be determined by the Special Commissioners appointed by the Judge of the 112th District Court of Pecos County, Texas. Such appearance and answer is to be made at the Courtroom, Second Floor, Old Pecos County Courthouse, 103 West Callaghan, Fort Stockton, Pecos County, Texas. The nature of the suit is as follows: The Suit is a proceeding in eminent domain in which LCRA Transmission Services Corporation, Condemnor, is condemning, for a public purpose, an easement and right of way to the surface only of a 2.51 acre tract of land of Condemnee, as better described in Condemnor’s Original Petition in Condemnation and Exhibit(s) attached thereto and filed as set forth above, to which Petition and Exhibit(s) reference is here made for all purposes. The tract of land located in Pecos County, Texas, is described as follows: Being the metes and bounds description of an easement and right of way on, over and across the following tract: A 2.51 acre tract of land situated in a portion of the H&GN RR CO Survey No. 108, Abstract No. 8421, Pecos County, Texas, as more particularly described in said Petition. You are notified that said hearing has been set for the above stated hour, date, and place, and to appear at same and present such evidence as you may wish. If you desire to appear and answer before said hearing date, do so with the Clerk of the 112th District Court of Pecos County, Texas located at the Judicial Building, 400 South Nelson St., Fort Stockton, Pecos County, Texas, 79735. However, despite any answer or appearance before the hearing date, you are on notice that the hearing will still take place at the time and place stated above. Wells Fargo Bank, N.A., Frost Bank, Successor Corporate Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, Gavin Robert Garrett, Co-Trustee of the Gavin Raiford Garrett Trust, n/k/a the Bonilee Key Garrett Trust, and Kim Timberlake Garrett, Successor Trustee of the Trust created Under the Will of David Key Garrett, Deceased, either own or claim an interest in the property described above which has either accrued or been granted to them. Condemnor’s attorneys of record are Darrell W. Moore and Jonathan S. Moore of Wagstaff LLP, located at 290 Cedar Street, Abilene, Texas 79601. The address for the Clerk for the 112th District Court for Pecos County, Texas, is the Judicial Building, 400 South Nelson St., Fort Stockton, Pecos County, Texas, 79735. If this citation is not served within ninety (90) days after the date of its issuance, it shall be returned unserved. GIVEN UNDER OUR HANDS at Pecos County, Texas, this ____ day of _____________, 2020. ____/S/ M.R. Gonzalez______________________________ ____/S/ Billy Espino________________________________ ____/S/ Chris Alexander_____________________________ Special Commissioners ISSUED AND GIVEN UNDER MY HAND AND SEAL OF THE SAID COURT this ______ day of ______________, 2020, at my office in Fort Stockton, Pecos County, Texas. _/S/ Gayle Henderson_______________________________ Clerk of the 112th District Court Pecos County, Texas