Robert Robinson v. Wells Fargo Bank, N.A. ( 2014 )

Cause No. CV9282
WELLS FARGO BANK, N.A. § IN THE COUNTY COURT
Plaintiff, §
§
v. § AT LAW
§
MARY EDMINSTON, ROBERT §
ROBINS AND ALL OCCUPANTS §
OF 186 TARRANT ROAD, §
BULLARD, TEXAS 75757 §
Defendants. § CHEROKEE COUNTY, TEXAS
ORDER ON PLAINTIFF'S PLEA TO THE JURISDICTION AND MOTION FOR
SUMMARY JUDGMENT
On this date came on for consideration Plaintiff's Plea to the Jurisdiction and Motion for
Summary Judgment. The Court has considered the plea and summary judgment evidence
presented and the briefing and arguments of counsel and hereby GRANTS Plaintiff's motion.
IT IS ORDERED that Defendants counterclaims against Plaintiff Wells Fargo are
dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff is entitled to possession of the premises
described in Plaintiffs Original Petition for Forcible Detainer, and have restitution, for which let
writ issue, of the premises commonly known as 186 Tarrant Road, Bullard, Texas 75757, and
legally described, as:
BEING 1.028 ACRES LYING AND SITUATED IN THE ABSALOM
GIBSON SURVEY, ABSTRACT NO. 22, CHEROKEE COUNTY, TEXAS,
AND MORE PARTICULARLY BEING A PART AND OUT OF THAT
CERTAIN CALLED 43.57 ACRE TRACT AS DESCRIBED IN DEED
FROM PEGGY MARTIN SCHAEFER TO JAMES MICHAEL TARRANT,
DATED OCTOBER 27, 1995 AND RECORDED IN VOLUME 1287, PAGE
345 OF THE OFFICIAL RECORDS, CHEROKEE COUNTY, TEXAS,
SAID 1.028 ACRES BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A THE SOUTHWEST CORNER OF TRACT 23 - 1.028
JUDGMENT
BDFTE No. 20080169804575/HOUSTON Page !
727
ACRES IN THE CENTER OF A 50' ROAD EASEMENT, FROM A 3/8"
STEEL ROD AT THE PRESENT SOUTHWEST CORNER OF THE
ABOVE DESCRIBED CALLED 43.57 ACRE TRACT BEARS NORTH 89
DEG 49' 39" WEST, A DISTANCE OF 321.55 FEET AND THEN SOUTH
00 DEG 43' 23" WEST, A DISTANCE OF 335.69 FEET, AND A 3/8" STEEL
ROD (FND.) FOR REFERENCE CORNER BEARS SOUTH 88 DEG 18*
51" EAST, 25.00 FEET;
THENCE NORTH 00 DEG 10' 21" EAST, WITH THE CENTER OF SAID
50' ROAD EASEMENT, A DISTANCE OF 174.00 FEET TO THE
NORTHWEST CORNER OF THE SAME, FROM WHICH A 3/8" STEEL
ROD (FND.) FOR REFERENCE CORNER BEARS SOUTH 89 DEG 49*
39" EAST, 25.00 FEET;
THENCE SOUTH 89 DEG 49' 39" EAST, A DISTANCE OF 252.50 FEET
TO A 3/8" STEEL ROD (FND.) FOR THE NORTHEAST CORNER OF
THE SAME;
THENCE SOUTH 00 DEG 10' 21" WEST, A DISTANCE OF 180.67 FEET
TO A 3/8" STEE ROD (FND.) FOR THE SOUTHEAST CORNER OF THE
SAME;
THENCE NORTH 88 DEG 18' 51" WEST, A DISTANCE OF 252.59 FEET
TO THE PLACE OF BEGINNING AND CONTAINING 1.028 ACRES OF
LAND, MORE OR LESS.
IT IS FURTHER ORDERED that plaintiff recover from the Defendant(s) costs of
court, for which let execution issue.
ALL RELIEF NOT EXPRESSLY GRANTED HEREIN IS DENIED.
SIGNED this flCE oav ofSjLLAJL^ 2014.
FILE
at lin± ociock_Z_ m. \Sg Q'AP* *JQJtJ£J
JUN 252014 cT8SWKg
UWERNE LUSK
CLEHK, COUNTY COURT CHER0K5E CO., TX
By /iJr{ - Deputy
JUDGMENT
BDFTENo. 20080J69804575/HOUSTON
728