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NO. 19,628
' RALPH R. WELLMANN
IN THE DISTRICT COURT OF
VS. BRAZOS COUNTY, TEXAS
WILLIAM H. LEWIS, KENNETH R. 85TH JUDICIAL DISTRICT
NORTON AND RODNEY W. BOVEY
JUDGMENT
BE IT REMEMBERED that on the 11 day of July
1974, at a regular term of Court, came on to be heard the above entitled and
• numbered cause, and came the Plaintiff by and through his attorney of record,
and came the Defendants by and through their attorney of record and all
parties announced ready for trial and no jury having been demanded by either
party all matters of law and of fact were submitted to the Court and the Court
having heard the pleadings, the evidence and the argument of counsel, the
Court is of the opinion that:
That Plaintiff, Ralph R. Wellman, and Defendants, William H. Lewis,
Kenneth R. Norton and Rodney W. Bovey, are the sole owners of the land
located in Brazos County and described in a deed recorded in Volume 321,
page 858, Deed Records, Brazos County, Texas, and further described as:
All that certain tract or parcel of land in the Robert Stevenson
League, Abet. 54, Brazos County, Texas, being a part of that
182 acre 1. H. Lloyd tract described in Volume 154, Page 242,
Deed Records of Brazos County, Texas, and also being part
of that 28.312 acre tract of land conveyed to B. B. Scasta, Inc.,
By deed recorded in Volume 277, page 658, Deed Records of
Brazos County, Texas, and being described by metes and bounds
as follows:
BEGINNING at a point in the East R.O.W. line of FM Road
No. 2154, said point being S 00. 43.51 W a distance of 726 feet
from the SW corner of the Cofer and Dillon 4.462 acre tract as
described in Volume 240, page 69 Deed Records of Brazos
:I County; said beginning point also being the SW corner of the
Ralph R. Wellman 1 acre tract as described in Volume 292,
page 203, Deed Records of Brazos County:
THENCE S 80. 37' E along the South line of the Wellman 1 acre
tract for a distance of 555 feel Lv t.Le SE corner of the Wellman+
�� 1 acts tract;
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THENCE S 7' 37' E about 10 feet and S 6' 47' E about 30
feet to the East corner of the Wm. H. Lewis 0.25 acre tract
as described in Volume 306, page 481, Deed Records of
Brazos County;
THENCE Westerly along the North line of the said Lewis 0.25
acre tract to the NW corner of the Lewis 0.25 acre tract in
the East R. O.W. line of FM Road No. Z154;
THENCE N 00. 43.5' E along the said R.O.W. line for a
distance of 40 feet to the PLACE OF BEGINNING containing
0. 5 acres of land, more or less.
appurtenant
The Court further finds that Plaintiff has an implied easement/on the
previously described tract and Defendants have an easement for egress and
ingress on said tract.
The Court further finds the whole of the foregoing property is susceptible
of an equitable division or partitioning between Plaintiff and Defendants, either
as tenants in common in an easement or tenants in common in fee simple
ownership.
That Defendants have expressed a desire to keep their shares together
as tenants in common.
The Court finds that Plaintiff's ten feet wide share be located adjacent
to his property and be described as follows:
All that certain tract or parcel of land in the Robert Stevenson
League, Abet. 54, Brazos County, Texas, being a part of that
182 acre I. H. Lloyd tract described in Volume 154, page 242,
Deed Records of Brazos County, Texas, and also being part
of that 28. 312 acre tract of land conveyed to B. B. Scaata, Inc. ,
by deed recorded in Volume 277, page 658, Deed Records of
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Brazos County, Texas, and being described by metes and bounds
as follows:
BEGINNING at a point in the East R.0.W. line of FM Road
No. 2154, said point being S 00. 43.5' W a distance of 726 feet
from the SW corner of the Cofer and Dillon 4.462 acre tract as
described in Volume Z40, page 69 Deed Records of Brazos
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County; said beginning point also being the SW corner of the
Ralph R. Wellman 1 acre tract as described in Volume 292,
• page 203, Deed Records of Brazos County;
THENCE S 80. 37' E along the South line of the Wellman 1
acre tract for a distance of 555 feet to the southeast corner of
the Wellman 1 acre tract;
THENCE S 7' 37' E 10 feet to corner;
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• THENCE N 80' 37' W approximately 550 feet to the intersec-
i tion of the East R.0.W. line of FM Road No. 2154;
THENCE N 00' 43.5' E along the said R.O.W. line for a
distance of 10 feet to the PLACE OF BEGINNING.
The Court finds that Defendants' thirty feet wide share be held together
as tenants in common and be described as follows:
All that certain tract or parcel of land in the Robert Stevenson
League, Abet. 54, Brazos County, Texas, being a part of that
182 acre I. H. Lloyd tract described in Volume 154, page 242,
Deed Records of Brazos County, Texas, and also being part of
that 28. 312 acre tract of land conveyed to B. B. Scasta, Inc.,
by deed recorded in Volume 277, page 658, Deed Records of
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Brazos County, Texas, and being described as follows by metes
and bounds:
BEGINNING at a point in the East R.O.W. line of FM Road No.
2154, said point being S 00' 43. 5' W a distance of 736 feet from
the SW corner of the Cofer and Dillon 4,462 acre tract as des-
cribed in Volume 240, page 69, Deed Records of Brazos County,
Texas.
THENCE S 80° 37' E for a distance of approximately 550 feet
to corner in the western line of the Kenneth R. Norton Tract
described in Volume Z96, page 338, Deed Records of Brazos
County, Texas;
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THENCE S 6' 47'E about 30 feet to the East Corner of the
William H. Lewis 0.Z5 acre tract as described in Volume 306,
page 481, Deed Records of Brazos County, Texas;
THENCE Westerly along the North line of the said Lewis 0.25
acre tract to the NW corner of the Lewis 0. 25 acre tract in the
East R.O.W. line of FM Road No. 2154;
THENCE N 00' 43. 5' E along the said R,O.W. line for a dis-
tance of 30 feet to the PLACE OF BEGINNING.
It is therefore, ORDERED, ADJUDGED AND DECREED,that the fore-
going land be partitioned among these parties as described above.
It further appearing to the Court that the easements owned by the Plain-
tiff and Defendants in the forty feet tract of land described above were not
extinguished by the conveyance to both the Plaintiff and Defendants of the strip
of land described above, such conveyance being in Volume 321, page 858, of
the Deed Records of Brazos County, Texas. Such conveyance conveying an
undivided une-luurtli (114) iutvrbel. iu olau to much forty feat drip of land to each
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of the parties to this suit but that the fee of each party is subject to and burden d
by an easement of all other parties to this law suit so that an easement con-
. tinues to exist on and across the entire forty feet strip and it is therefore
ORDERED, ADJUDGED AND DECREED that the partitioned property
remains subject to the easements of Plaintiff and Defendants, such easement
being on, to and across the complete 40 feet tract of land described above.
The "Correction Deed" executed by 13. 13, Scasta, Inc. , on March 13,
1974, and recorded in Volume 325, page 4Z7, of the Deed Records of Brazos
County, Texas, should be cancelled and set aside; it is therefore
ORDERED, ADJUDGED AND DECREED by the Court that the "Correc-
tion Deed" executed by B. B. Scasta, Inc., on March 13, 1974, and recorded in
Volume 325, page 427, of the Deed Records of Brazos County, Texas, is here-
by cancelled and set aside and held for naught.
The Plaintiff and Defendants have attempted to prevent or have inter-
ferred with the use by the others of the full forty feet parcel of land, and it is
the ORDER of the Court that an injunction issue against both Plaintiff and De-
fendants, their agents, servants, employees, licensees, and tenants against
any interference with the right of the Plaintiff. Defendants, their agents, ser-
vants, employees, licensees, and tenants to enjoy the possession of and the
right of egress and ingress along the tract in question and/or from fencing any
portion of the forty foot tract, parking in any portion of said tract, or dieruptin:.
in any manner the drainage of the roadway.
Signed and entered this the //5`' day of lr" 1j'l, 1974.
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W. C. DAVIS, DISTRICT JUDGE
85th Judicial District, Brazos County,
Texas.
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