LEGAL NOTICE: CITATION BY PUBLICATION CAUSE NO. 23-C-4165 THE STATE OF TEXAS VS OVILLA COMMUNITY CENTER, INC., ET AL

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Week 1 – Thursday, July 18, 2024.

CITATION BY PUBLICATION
CAUSE NO. 23-C-4165

The State of Texas 

vs

Ovilla Community Center, Inc., et al.

Eminent Domain Proceeding
In the County Court at Law No. 1
Ellis County, Texas

NOTICE OF HEARING
THE STATE OF TEXAS
COUNTY OF ELLIS

TO: The unknown officers, shareholders, and/or successors-in-interest to Ovilla Community Center, Inc., a voluntarily dissolved Texas non-profit corporation, and their heirs, successors, and assigns; and

The unknown owners of and owners of interests in and to a 0.082-acre (3,557 square foot) parcel of land and a 0.056-acre (2,455 square foot) parcel of land in the James McNamarra (a/k/a James McNamara) Survey, Abstract No. 693, Ovilla, Ellis County, Texas, said parcels being more particularly described in Exhibit “A” attached to the Petition and Statement in Condemnation initiating the above-captioned cause.

You have been named as a defendant in the Petition and Statement in Condemnation (the “Petition”) filed by The State of Texas (the “State”), acting by and through the Texas Transportation Commission (the “Commission”), on December 19, 2023, styled THE STATE OF TEXAS V. OVILLA COMMUNITY CENTER, INC., ET AL. and pending as Cause Number 23-C-4165 on the docket of the County Court at Law No. 1 of Ellis County, Texas.

This is an eminent domain proceeding, in which the State is acquiring for use in the widening and improvement of F.M. 664 in Ellis County:

The fee interest in a 0.082-acre (3,557 square foot) parcel of land and an easement with respect to 0.056-acre (2,455 square foot) parcel of land in the James McNamarra (a/k/a James McNamara) Survey, Abstract No. 693, Ovilla, Ellis County, Texas, said parcels being more particularly described in Exhibit “A” attached to the Petition and Statement in Condemnation and being out of property conveyed to Ovilla Community Center, Inc. by Warranty Deed dated February 21, 1992, and recorded in Volume 926, Page 0146 of the official records of Ellis County.

You are hereby notified that you may own or hold an interest in the above-described land.

You are further given notice that the undersigned Special Commissioners will, at 10:00 a.m. on Monday, August 19, 2024, which is the first Monday next after the expiration of 42 days from the date of issuance of this citation, hold a hearing to assess the fair market value of the property and easement rights, herein described and as more particularly described in the Petition, to be acquired by the State through such condemnation proceeding.  

The hearing will be held at the following location:

Attorney Workroom

Ellis County Courthouse

109 S. Jackson Street

Waxahachie, Texas 75165

You are further given notice that anyone – including but not limited to a party, attorney, witness, court reporter, or Special Commissioner – may participate in the hearing remotely by Zoom videoconference or teleconference.  

Should you wish to participate remotely, you may contact the State’s counsel, identified below, to obtain the link through which you must register for and obtain access to the hearing.

The State is represented by its attorneys, Frederick D. Junkin, Elly Austin Vecchio, and Micah D. Hawkins of Phelps Dunbar LLP, who may be contacted at 910 Louisiana Street, Suite 4300, Houston, Texas 77002, (713) 626-1386.

Defendants are hereby notified that if you fail to appear and timely file objections to the Award of Special Commissioners to be entered at the conclusion of the above-referenced hearing, judgment by default may be rendered against you for the relief demanded in the Petition.

The officer executing this citation shall promptly serve it and make due return according to the requirements of law and the mandates of this citation.

Issued under my hand and the seal of the Court at Ellis County, Texas, effective as of the 2nd day of July, 2024.

/s/ Lisa Wyatt, Special Commissioner 

/s/ Tommy Rossa, Special Commissioner 

/s/ Tommie Worthy, Special Commissioner