Preview
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Reviewed By: Marie Villarreal
CAUSE NO. C-2399-20-D
RB LAND AND CA'ITLE CO. LLC § IN THE DISTRICT COURT
Plaintifi‘ §
§
§
and §
§
§
REY TORRES, LETICIA ALAMIA, §
EVA GARCIA, TEODORO GARZA, §
206th JUDICIAL DISTRICT
ROMAULDO HERNANDEZ, §
ENRIQUE GALVAN §
Intervenors §
§
V. §
§
VICTOR GARZA, CARMEN G. MEAD, §
SANDRA I. GONZALEZ INDEPENDENT §
EXECUTOR 0f ALEXANDRA L. §
SCOTT (deceased), EMMA MARGOT §
ELIZONDO (attorney in fact) for EMMA §
GARZA ELIZONDO, MARIA BEATRIZ §
GARZA INDEPENDENT §
ADMINISTRATOR 0f ROBERTO GARZA §
(deceased), JUDITH GARZA §
WILLINGHAM (attorney in fact) §
for PABLO GARZA, ARNOLDO §
MALDONADO §
Defendants § HIDALGO COUNTY, TEXAS
DEFENDANT’S FIRST AMENDED ANSWER.
RES QUEST FOR DECLARATORY RELIEF,
REMOVAL OF CLOUD ON TITLE AND
TRESPASS TO TRY TITLE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES VICTOR GARZA, CARMEN G. MEAD, SANDRA I.
GONZALEZ INDEPENDENT EXECUTOR OF ALEXANDRA L.
SCO'IT(deceased), EMMA MARGOT ELIZONDO as attorney in fact for EMMA
GARZA ELIZONDO, MARIA BEATRIZ GARZA INDEPENDENT
ADMINISTRATOR OF ROBERTO GARZA (deceased), and JUDITH GARZA
1
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
WILLINGHAM as attorney in fact for PABLO A. GARZA, hereinafierWé‘f’FécNd‘Aarie W'arrea'
as DEFENDANTS, complaining 0f RB LAND AND CATTLE COMPANY LLC,
hereinafter referred to as Plaintiffs, REY TORRES, LETICIA ALAMIA, EVA
GARCIA, TEODORO GARZA, ROMAULDO HERNANDEZ, and ENRIQUE
GALVAN hereinafter referred t0 as Intervenors.
I.
DISCOVERY PLAN
This case should proceed as a Level 2 case, pursuant to Rule 190.3 of the
Texas Rules 0f Civil Procedure.
II.
PARTIES
Plaintiff, RB Land & Cattle Co. LLC, is an entity doing business in the State
0f Texas, who may be served by his attorney of record Thomas Daniel Koeneke.
Intervenors are Rey Torres, Leticia Alamia, Eva Garcia, Teodoro Garza,
Romauldo Hernandez, abd Enrique Galvan, are all individual Intervenors in this
matter who may be served by serving their attorney of record Joe M. Martinez.
VICTOR GARZA, CARMEN G. MEAD, SANDRA I. GONZALEZ
INDEPENDENT EXECUTOR OF ALEXANDRA L. SCOTT(deceased), EMMA
MARGOT ELIZONDO as attorney in fact for EMMA GARZA ELIZONDO, MARIA
BEATRIZ GARZA INDEPENDENT ADMINISTRATOR OF ROBERTO GARZA
(deceased), and JUDITH GARZA WILLINGHAM as attorney in fact for PABLO
A. GARZA are individuals Who my be served by serving their attorney Efrain
Carrera.
Defendant, Arnoldo Maldonado is an individual residing in Hidalgo
County, Texas, who may be served by serving his attorney of record Andre
Maldonado.
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Reviewed By: Marie Villarreal
III.
VENUE
Venue of this lawsuit is proper in Hidalgo County, Texas pursuant t0 CPRC
§15.011 and/or because actions for recovery 0f real property or t0 quiet title t0
real property shall be brought in the county in which all 0r a part of the of the
property is located. Also, all 0r a substantial part 0f this incident giving rise t0
this case occurred in Starr County. Tex. CiV. P. & Rem.Code § 15.002(a)(1).
IV.
FACT
Defendant Victor Emilio Garza is the owner 0f the following tract 0f land:
A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, JI,
and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share 3
0f the Subdivision 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant,
Hidalgo County, Texas, and being more particularly described as follows:
BEGINNING at a point 0n the East line 0f Share 3 of the Subdivsion 0f Tract
60, San Salvador del Tule Grant, said point being North 10 degrees 14 minutes
East 1100.2 feet from the Southeast corner 0f Share 3;
THENCE, North 79 degrees 46 minutes West 1148.5 feet;
THENCE, North 10 degrees 14 minutes East 1867.2 feet to a water well;
THENCE, North 68 degrees 38 minutess West 835.0 feet;
THENCE, North 17 degrees 31 minutes East 900 feet;
THENCE, North 17 degrees 43 minutes East 583.3 feet;
THENCE, South 72 degrees 17 minutes East 1808.0 feet;
THENCE, South 9 degrees 11 minutes West 495.3 feet;
THENCE, South 10 degrees 50 minutes West 2201 .7 feet;
THENCE, South 10 degrees 14 minutes West 567.4 feet t0 the PLACE OF
BEGINNING, the tract containing 114.37 acres of land more 0r less.
Defendant Carmen G. Mead is the owner of the following tract of land:
PARCEL 2
A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I,
J,and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share
3 0f the Subdivsion 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant,
Hidalgo County, Texas, and being more particulary described as follows:
BEGINNING at the Northeast corner 0f Share F, Partition 0f Juan Lino Garza
Estate, Cause N0. 1495; THENCE, South 10° 33’ West With and along the East
line0f Shares F, G, and H 0f the Partition 0f Juan Lino Garza Estate a distance
0f 1293.9 feet; THENCE, South 89° 38’ West a distance 0f 3495.8 feet t0 a
windmill THENCE, North 31° 06’ East a distance 0f 2185.3 feet t0 a point in
;
the North line of ShareK 0f the Partition 0f Juan Lino Garza Estate; THENCE,
South 77° 31’ East with and along the North line 0f Share K and F a distance 0f
2667.0 feet t0 the place 0f beginning, the tract containing 114.37 acres of land
more or less.
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Defendant Alexandra L. Scott (deceased) Via Sandra I. Gonzalez Ilfifibflflifi‘hfflarie W'arrea'
Executor owner 0f the following tract of land:
PARCEL 1
A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I,
J,and K 0f the Partition of Juan Lino Garza Estate in Cause N0. 1495 and Share
3 of the Subdivsion of Tract 60, Cause N0. 192, San Salvador del Tule Grant,
Hidalgo County, Texas, and being more particulary described as follows:
BEGINNING at the Southeast corner of Share J, Partition of Juan Lino Garza
Estate, Cause No. 1495; THENCE, North 78° 21’ West a distance of 1798.0
feet;THENCE, North 78° 27’ West a distance of 1609.7 feet; THENCE, North
9° 11’ East 1096.0 feet t0 a Windmill; THENCE, North 89° 38’ East 3495.8 feet
H 0f the Partition of Juan Lino Garza Estate;
t0 a point in the East line of Share
THENCE, South 10° 33’ West with and along the East line 0f Shares H, I, and J
of the Partition 0f Juan Lino Garza Estate a distance of 1815.0 feet to the place
of beginning, the tract containing 114.37 acres 0f land more or less.
Defendant Emma G. Elizondo Via Emma Margot Elizondo as attorney is fact is
the owner of the following tract 0f land:
PARCEL 3
A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I,
J,and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share
3 0f the Subdivsion 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant,
Hidalgo County, Texas, and being more particulary described as follows:
BEGINNING at the Northwest corner 0f Share 4 0f the Subdivison 0f Tract 60,
San Salvador del Tule Grant, same being the Northwest corner 0f Share K 0f the
Partition 0f Juan Lino Garza Estate; THENCE, South 77° 33’ East With and
along the North line 0f Share K a distance feet; THENCE, South 31°
0f 2210.0
06’ West a THENCE, South 9° 11’ West
distance of 2185.3 feet t0 a windmill;
600.7 feet; THENCE, North 72° 17’ West a distance 0f 1808.0 feet; THENCE,
North 17° 43’ East a distance of 216.7 feet; THENCE, North 18° 19’ East a
distance 0f 2300.0 feet to the place of beginning, the tract containing 114.37
acres of land more 0r less.
Defendants Carmen G. Mead, Emma G. Elizondo Via Emma Margot Elizondo as
attorney in fact, Roberto G. Garza (deceased) Via attorney in fact Maria Beatriz
Garza, Alexandra L. Scott (deceased) Via Sandra I. Gonzalez Independent
Executor, Pablo A. Garza Via attorney in fact Judith Garza Willingham, the
owners of the following tract of land:
209.5 acres, more or less, being Tract N0. 54 in the San Salvador del Tule Grant,
as such tract numbereds and described in the Decree of Partition rendered by
is
the District Court 0f Hidalgo County, Texas, on July 21, 1930 in Cause N0. 422,
entitled Emily MacManus V. Urbano Anzaldua, recorded in Volume 331, pages
359, et. seq., Deed Records, Hidalgo County, Texas and being more particulary
described by metes and bound as follows: Beginning in the East line 0f Tract 61
of said Partition, North 17° 41’ East, 50 feet from its Southeast corner, Which
point is also a Northwest corner of Tract 60 of said Partition; Thence, with the
4
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
East line of said Tract 61, North 19° 09’ East, 1836.0 feet to the SoutBfiI‘éflNed By: Marie Villarreal
corner of Tract 53 0f said Partition for te Northwest corner 0f this tract; Thence,
with the South line 0f Tract 53, South 77° 36’ East, 4887.4 feet t0 a point for the
Northeasr corner 0f this tract,being also the Northwest corner 0f Tract 52 0f said
Partiton; Thence, with the West line 0f said Tract 52, South 12° 24’ West,
1830.6 feet t0 a point for the Southeast corner 0f this tract, and being also in the
North line 0f Tract 50 0f said Partiton; Thence, With said North line 0f Tract 50
and 0f Tracts 55 and 60 0f said Partiton, North 77° 31’ West 5002.7 feet t0 the
place 0f beginning.
Defendants’ predecessor in title, Pablo Garza Zamora, aquired these
properties between 1933-1940.
This cause 0f action arose after Defendants attempted t0 move the road
that currently splits their property into two tracts. Defendants attempted to
move the current road to the eastern side of the their respective properties along
side the perimeter of the eastern boundry fence. The only known written
easement is in the above noted 1947 Agreed Judgment (See Attached Exhibit
“A”). That easement is a general easement that does not specify dimensions or
location 0f said easment. In March 1947, Romulo Garza and his wife Felicitas
Garza Zamora sued Pablo Garza Zamora, his wife, Concepcion Garza de Garza,
Juan Lino Garza Jr., and his wife Clemencia Garza. In April 0f 1947, the parties
entered into an Agreed Judgment (See Attached Exhibit “1”).
V.
DECLARATORY RELIEF
fights of the parties
As legal owners 0f the properties, Defendants, therefore, possesses the
requisite standing to protect their property interests from illegal action by others.
Defendants request that the Court declare that Defendants are the title
owner 0f the tracts 3 and 4, and that they have standing t0 protect their property
interests and the right t0 quiet enjoyment of their property.
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Also Defendants request that the Court declare that (Rey Tofiééif‘fié‘tfidwarie W'arrea'
Alamia, Eva Garcia, Teodoro Garza, Romauldo Hernandez, and Enrique Galvan)
hereinafter referred t0 as Parties who are subsequent title holders to Romulo
Garza and Felicitas Garza Zamora are permissive users 0f a road across
Defendants’ properties. In support thereof, Defendants show the following; The
only written easement is across Defendants’ properties is the 1947 Agreed
Judgment. The 1947 Agreed Judgment states in pertinent part, “The
Plaintifls (emphasis added) are t0 have an easement across Tracts
3 and 4, and all other lands north 0f there, belonging t0 the
defendants, t0 lands north 0f tract 4, owned by plaintifs, for the
purpose 0f going back andforth and hualing farm equipment back
andforth between their home 0n Tract 2, and lands which they own
North 0f Tract 4.” Defendants are the owners of the Tracts 3 and 4. The 1947
Agreed Judgement gave Plaintiffs Romulo Garza and his wife Felicitas Garza
Zamora an easement in gross. Easements in gross attach t0 the person WILLIAM
ALLEY v. JAMES CARLETON 29 Tex. 74 1867. Easements in gross cannot be
assigned or granted over to another. id. Felicitas Garza Zamora passed away in
1958, and Romulo Garza passed away in 1985. The easement in gross expired in
1985 when Romulo Garza passed away. Consequently, all parties that are
subsequent title holders from Romulo Garza and/or Felicitas Garza Zamora d0
not have an easement across Defendant’s property. Via the good and neighborly
will 0f Defendants, all subsequent title holders from Romulo Garza and Felicitas
Garza have been permissively coming across Defendants’ properties.
Furthermore, Defendants request that the Court declare that Parties who
are subsequent title holders to Romulo Garza and Felicitas Garza Zamora Do
6
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
NOT have standing to bring this suit. Romulo Garza and Felififéi§w€9a§fieMarie W'arrea'
easement in gross terminated upon the death 0f Romulo Garza in 1985 and could
NOT be granted or assigned to another. Therefore, heirs 0r assigns 0f Romulo
Garza and/or Felicitas Garza d0 not have standing to bring this suit or
Restraining Orders.
In the alternative, and only in the alternative, should this honorable Court
determine that Parties who are subsequent title holders to Romulo Garza and
Felicitas Garza Zamora somehow have an easement through Defendants’
respective properties, Defendants request that the Court declare that said
easement is a general easement. Defendants further request that the Court
declare that said general easement is undefinded and undesignated as to its width
and location. Defendants further request that the Court declare that the current
road used by Plaintiffs and Intervenors splits Defendants’ property into two
parcels and that such split into two parcels creates an unreasonable burden,
inconvenience, and diminished value of Defendants’ property.
Furthermore, Defendants request the Court declare that because of the
easement being a general easment and because of the unreasonable burden,
unreasonable inconvenience and diminished value to Defendants properties it
creates, Defendants have the right t0 move the easement t0 a reasonable location
that does not unreasonably burden and/or unreasonably inconvenience and
diminish the value 0f Defendants’ property. The cost to prepare, maintain, and
improve the easement t0 promote the purpose for which it was created is born by
owners of the easement. SUN PIPE LINE CO., INC. V. P KIRKPATRICK, 514 s.w.
2d 789, 792 (TeX. App. Beumont 1974, writ ref’d n.r.e).
In addition, Defendants request the Court declare that Parties who are
subsequent title holders to Romulo Garza and Felicitas Garza Zamora d0 not
7
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
possess the authority to alienate Defendants from their property intMWe‘l‘EEWarie Vi”a"ea'
also d0 not have a right to threaten the peaceful enjoyment 0f Defendants’
properties. They are Without authority or right t0 deny Defendants their right t0
peaceful quietly enjoyment 0f their properties.
Defendants further pray for recovery of reasonable attorney’s fees
expended herein in seeking and obtaining such declaratory relief.
With regard to the Plaintiff, Defendants request that the Court
declare that said easement is a general easement. Defendants further request
that the Court declare that said general easement is undesignated as t0 its width
and location. Defendants also request that the Court declare that the current
road used by Plaintiff splits Defendants’ property into two parcels and that such
split into two parcels creates an unreasonable burden, inconvenience, and
diminished value 0f Defendants’ property.
Furthermore, Defendants request the Court declare that because 0f the
easement being a general easment and because of the unreasonable burden,
unreasonable inconvenience and diminished value to Defendants properties it
creates, Defendants have the right to move the easement t0 a reasonable location
that does not unreasonably burden and/or unreasonably inconvenience and
diminish the value 0f Defendants’ property.
In addition, Plaintiff does not have a right t0 threaten the peaceful
enjoyment 0f Defendants’ properties. They are without authority 0r right t0 deny
Defendants their right to peaceful quietly enjoyment of their properties.
Defendants further pray for recovery of reasonable attorney’s fees
expended herein in seeking and obtaining such declaratory relief.
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
VI. Reviewed By: Marie Villarreal
CLOUD OF TITLE
Parties who are subsequent title holders t0 Romulo Garza and Felicitas
Garza Zamora through the erroneous claim 0f an easement through Defendants’
properties and by threatening the peaceful enjoyment 0f Defendants’ properties,
have placed a cloud of title 0n Plaintiff’s property interest. Plaintiffs Continued
use of existing road that splits Defendants’ prperties into two tracts of land under
erroneous and illegal claim of easement and/or designated 0r fixed easement by
all parties to this cause, places a cloud 0n title on Defendant’s property interest.
Suit for removal 0f the cloud 0f title and for damages, including, but not limited
t0, loss of value t0 Defendant’s property, and the recovery 0f reasonable
attorney’s fees, is proper.
VII.
TRESPASS TO TRY TITLE
Parties who are subsequent title holders t0 Romulo Garza and
Felicitas Garza Zamora open and unlawful claim to easement across Defendants’
properties gives rise t0 a claim for Trespass to Try Title. Plaintiffs claim to
easement 0n road that splits Defendants’ property into two parcels and that such
split into two parcels creates an unreasonable burden, inconvenience, and
diminished value 0f Defendants’ property gives rise to a claim for Trespass t0 Try
Title. Suit by Defendants t0 quiet their title in their property, and for damages
caused thereby, including loss 0f value t0 Plaintiffs property interest, and
recovery 0f reasonable attorneys fees, is proper.
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
VIII. Reviewed By: Marie Villarreal
ATTORNEY’S FEES
It was necessary t0 secure the services 0f the undersigned attorney t0
enforce and protect the rights of Defendants. Parties who are subsequent title
holders t0 Romulo Garza and Felicitas Garza Zamora and Plaintiff should be
ordered t0 pay reasonable attorney’s fees under the Declaratory Judgment Act,
Texas Civil Practice and Remedies Code, §§ 37.009 e_t. fl. Parties who are
subsequent title holders to Romulo Garza and Felicitas Garza Zamora and
Plaintff should be further ordered t0 pay all other costs 0f this proceeding.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that Parties
who are subsequent title holders t0 Romulo Garza and Felicitas Garza Zamora
and Plaintiff upon final hearing, pay Defefendant’s attorney’s fees, costs 0f court,
and for such other and further relief, general or special, at law 0r in equity, t0
which Defendants may show themselves justly entitled.
Respectfully submitted,
Efrain Carrera
617 S. 12th Ave.
Edinburg, Texas 78539
(956) 387-0909
(956) 387-0914 Fax
By: /s/ Efrain Carrera
Efrain Carrera
State bar # 24025284
Attorney for Plaintiff
10
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Reviewed By: Marie Villarreal
NOTICE
SUBJECT TO THE ORDERS OF THIS HONORABLE
COURT, NOTICE HEREBY GIVEN TO PARTIES WHO
IS
ARE SUBSEQUENT TITLE HOLDERS TO ROMULO
GARZA AND FELICITAS GARZA ZAMORA THAT ANY
AND ALL PERMISSION TO TRAVERSE OR ENTER
ONTO DEFENDANT’S RESPECTIVE PROPERTIES IS
HEREBY WITHDRAWN.
11
Electronically Filed
1/20/2021 12:15 PM
Hidalgo County District Clerks
Reviewed By: Marie Villarreal
CERTIFICATE 0F SERVICE
I certify that on January 20. 2021 a true and correct copy of Defendants First
Amended Answer was served t0 the following contacts.
Jose M. Martinez; jmmatty2003@yahoo.com attorney
,
for Intervenors
Mr. A. Andre Maldonado; maldonadolaw@yahoo.com, attorney for Defendant
Maldonado.
Garza. Mr. Aaron Vela; aaron@velalaw.com, attorney for Plaintiff.
Mr. Thomas Daniel Koeneke; daniel@erkattorneys.com, attorney for Plaintiff.
/S/.' Efrain Carrera
12
Preview
Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Reviewed By: Marie Villarreal CAUSE NO. C-2399-20-D RB LAND AND CA'ITLE CO. LLC § IN THE DISTRICT COURT Plaintifi‘ § § § and § § § REY TORRES, LETICIA ALAMIA, § EVA GARCIA, TEODORO GARZA, § 206th JUDICIAL DISTRICT ROMAULDO HERNANDEZ, § ENRIQUE GALVAN § Intervenors § § V. § § VICTOR GARZA, CARMEN G. MEAD, § SANDRA I. GONZALEZ INDEPENDENT § EXECUTOR 0f ALEXANDRA L. § SCOTT (deceased), EMMA MARGOT § ELIZONDO (attorney in fact) for EMMA § GARZA ELIZONDO, MARIA BEATRIZ § GARZA INDEPENDENT § ADMINISTRATOR 0f ROBERTO GARZA § (deceased), JUDITH GARZA § WILLINGHAM (attorney in fact) § for PABLO GARZA, ARNOLDO § MALDONADO § Defendants § HIDALGO COUNTY, TEXAS DEFENDANT’S FIRST AMENDED ANSWER. RES QUEST FOR DECLARATORY RELIEF, REMOVAL OF CLOUD ON TITLE AND TRESPASS TO TRY TITLE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES VICTOR GARZA, CARMEN G. MEAD, SANDRA I. GONZALEZ INDEPENDENT EXECUTOR OF ALEXANDRA L. SCO'IT(deceased), EMMA MARGOT ELIZONDO as attorney in fact for EMMA GARZA ELIZONDO, MARIA BEATRIZ GARZA INDEPENDENT ADMINISTRATOR OF ROBERTO GARZA (deceased), and JUDITH GARZA 1 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks WILLINGHAM as attorney in fact for PABLO A. GARZA, hereinafierWé‘f’FécNd‘Aarie W'arrea' as DEFENDANTS, complaining 0f RB LAND AND CATTLE COMPANY LLC, hereinafter referred to as Plaintiffs, REY TORRES, LETICIA ALAMIA, EVA GARCIA, TEODORO GARZA, ROMAULDO HERNANDEZ, and ENRIQUE GALVAN hereinafter referred t0 as Intervenors. I. DISCOVERY PLAN This case should proceed as a Level 2 case, pursuant to Rule 190.3 of the Texas Rules 0f Civil Procedure. II. PARTIES Plaintiff, RB Land & Cattle Co. LLC, is an entity doing business in the State 0f Texas, who may be served by his attorney of record Thomas Daniel Koeneke. Intervenors are Rey Torres, Leticia Alamia, Eva Garcia, Teodoro Garza, Romauldo Hernandez, abd Enrique Galvan, are all individual Intervenors in this matter who may be served by serving their attorney of record Joe M. Martinez. VICTOR GARZA, CARMEN G. MEAD, SANDRA I. GONZALEZ INDEPENDENT EXECUTOR OF ALEXANDRA L. SCOTT(deceased), EMMA MARGOT ELIZONDO as attorney in fact for EMMA GARZA ELIZONDO, MARIA BEATRIZ GARZA INDEPENDENT ADMINISTRATOR OF ROBERTO GARZA (deceased), and JUDITH GARZA WILLINGHAM as attorney in fact for PABLO A. GARZA are individuals Who my be served by serving their attorney Efrain Carrera. Defendant, Arnoldo Maldonado is an individual residing in Hidalgo County, Texas, who may be served by serving his attorney of record Andre Maldonado. Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Reviewed By: Marie Villarreal III. VENUE Venue of this lawsuit is proper in Hidalgo County, Texas pursuant t0 CPRC §15.011 and/or because actions for recovery 0f real property or t0 quiet title t0 real property shall be brought in the county in which all 0r a part of the of the property is located. Also, all 0r a substantial part 0f this incident giving rise t0 this case occurred in Starr County. Tex. CiV. P. & Rem.Code § 15.002(a)(1). IV. FACT Defendant Victor Emilio Garza is the owner 0f the following tract 0f land: A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, JI, and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share 3 0f the Subdivision 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant, Hidalgo County, Texas, and being more particularly described as follows: BEGINNING at a point 0n the East line 0f Share 3 of the Subdivsion 0f Tract 60, San Salvador del Tule Grant, said point being North 10 degrees 14 minutes East 1100.2 feet from the Southeast corner 0f Share 3; THENCE, North 79 degrees 46 minutes West 1148.5 feet; THENCE, North 10 degrees 14 minutes East 1867.2 feet to a water well; THENCE, North 68 degrees 38 minutess West 835.0 feet; THENCE, North 17 degrees 31 minutes East 900 feet; THENCE, North 17 degrees 43 minutes East 583.3 feet; THENCE, South 72 degrees 17 minutes East 1808.0 feet; THENCE, South 9 degrees 11 minutes West 495.3 feet; THENCE, South 10 degrees 50 minutes West 2201 .7 feet; THENCE, South 10 degrees 14 minutes West 567.4 feet t0 the PLACE OF BEGINNING, the tract containing 114.37 acres of land more 0r less. Defendant Carmen G. Mead is the owner of the following tract of land: PARCEL 2 A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I, J,and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share 3 0f the Subdivsion 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant, Hidalgo County, Texas, and being more particulary described as follows: BEGINNING at the Northeast corner 0f Share F, Partition 0f Juan Lino Garza Estate, Cause N0. 1495; THENCE, South 10° 33’ West With and along the East line0f Shares F, G, and H 0f the Partition 0f Juan Lino Garza Estate a distance 0f 1293.9 feet; THENCE, South 89° 38’ West a distance 0f 3495.8 feet t0 a windmill THENCE, North 31° 06’ East a distance 0f 2185.3 feet t0 a point in ; the North line of ShareK 0f the Partition 0f Juan Lino Garza Estate; THENCE, South 77° 31’ East with and along the North line 0f Share K and F a distance 0f 2667.0 feet t0 the place 0f beginning, the tract containing 114.37 acres of land more or less. Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Defendant Alexandra L. Scott (deceased) Via Sandra I. Gonzalez Ilfifibflflifi‘hfflarie W'arrea' Executor owner 0f the following tract of land: PARCEL 1 A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I, J,and K 0f the Partition of Juan Lino Garza Estate in Cause N0. 1495 and Share 3 of the Subdivsion of Tract 60, Cause N0. 192, San Salvador del Tule Grant, Hidalgo County, Texas, and being more particulary described as follows: BEGINNING at the Southeast corner of Share J, Partition of Juan Lino Garza Estate, Cause No. 1495; THENCE, North 78° 21’ West a distance of 1798.0 feet;THENCE, North 78° 27’ West a distance of 1609.7 feet; THENCE, North 9° 11’ East 1096.0 feet t0 a Windmill; THENCE, North 89° 38’ East 3495.8 feet H 0f the Partition of Juan Lino Garza Estate; t0 a point in the East line of Share THENCE, South 10° 33’ West with and along the East line 0f Shares H, I, and J of the Partition 0f Juan Lino Garza Estate a distance of 1815.0 feet to the place of beginning, the tract containing 114.37 acres 0f land more or less. Defendant Emma G. Elizondo Via Emma Margot Elizondo as attorney is fact is the owner of the following tract 0f land: PARCEL 3 A tract 0f land containing 114.37 acres out 0f the Partition 0f Shares F, G, H, I, J,and K 0f the Partition 0f Juan Lino Garza Estate in Cause N0. 1495 and Share 3 0f the Subdivsion 0f Tract 60, Cause N0. 192, San Salvador del Tule Grant, Hidalgo County, Texas, and being more particulary described as follows: BEGINNING at the Northwest corner 0f Share 4 0f the Subdivison 0f Tract 60, San Salvador del Tule Grant, same being the Northwest corner 0f Share K 0f the Partition 0f Juan Lino Garza Estate; THENCE, South 77° 33’ East With and along the North line 0f Share K a distance feet; THENCE, South 31° 0f 2210.0 06’ West a THENCE, South 9° 11’ West distance of 2185.3 feet t0 a windmill; 600.7 feet; THENCE, North 72° 17’ West a distance 0f 1808.0 feet; THENCE, North 17° 43’ East a distance of 216.7 feet; THENCE, North 18° 19’ East a distance 0f 2300.0 feet to the place of beginning, the tract containing 114.37 acres of land more 0r less. Defendants Carmen G. Mead, Emma G. Elizondo Via Emma Margot Elizondo as attorney in fact, Roberto G. Garza (deceased) Via attorney in fact Maria Beatriz Garza, Alexandra L. Scott (deceased) Via Sandra I. Gonzalez Independent Executor, Pablo A. Garza Via attorney in fact Judith Garza Willingham, the owners of the following tract of land: 209.5 acres, more or less, being Tract N0. 54 in the San Salvador del Tule Grant, as such tract numbereds and described in the Decree of Partition rendered by is the District Court 0f Hidalgo County, Texas, on July 21, 1930 in Cause N0. 422, entitled Emily MacManus V. Urbano Anzaldua, recorded in Volume 331, pages 359, et. seq., Deed Records, Hidalgo County, Texas and being more particulary described by metes and bound as follows: Beginning in the East line 0f Tract 61 of said Partition, North 17° 41’ East, 50 feet from its Southeast corner, Which point is also a Northwest corner of Tract 60 of said Partition; Thence, with the 4 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks East line of said Tract 61, North 19° 09’ East, 1836.0 feet to the SoutBfiI‘éflNed By: Marie Villarreal corner of Tract 53 0f said Partition for te Northwest corner 0f this tract; Thence, with the South line 0f Tract 53, South 77° 36’ East, 4887.4 feet t0 a point for the Northeasr corner 0f this tract,being also the Northwest corner 0f Tract 52 0f said Partiton; Thence, with the West line 0f said Tract 52, South 12° 24’ West, 1830.6 feet t0 a point for the Southeast corner 0f this tract, and being also in the North line 0f Tract 50 0f said Partiton; Thence, With said North line 0f Tract 50 and 0f Tracts 55 and 60 0f said Partiton, North 77° 31’ West 5002.7 feet t0 the place 0f beginning. Defendants’ predecessor in title, Pablo Garza Zamora, aquired these properties between 1933-1940. This cause 0f action arose after Defendants attempted t0 move the road that currently splits their property into two tracts. Defendants attempted to move the current road to the eastern side of the their respective properties along side the perimeter of the eastern boundry fence. The only known written easement is in the above noted 1947 Agreed Judgment (See Attached Exhibit “A”). That easement is a general easement that does not specify dimensions or location 0f said easment. In March 1947, Romulo Garza and his wife Felicitas Garza Zamora sued Pablo Garza Zamora, his wife, Concepcion Garza de Garza, Juan Lino Garza Jr., and his wife Clemencia Garza. In April 0f 1947, the parties entered into an Agreed Judgment (See Attached Exhibit “1”). V. DECLARATORY RELIEF fights of the parties As legal owners 0f the properties, Defendants, therefore, possesses the requisite standing to protect their property interests from illegal action by others. Defendants request that the Court declare that Defendants are the title owner 0f the tracts 3 and 4, and that they have standing t0 protect their property interests and the right t0 quiet enjoyment of their property. Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Also Defendants request that the Court declare that (Rey Tofiééif‘fié‘tfidwarie W'arrea' Alamia, Eva Garcia, Teodoro Garza, Romauldo Hernandez, and Enrique Galvan) hereinafter referred t0 as Parties who are subsequent title holders to Romulo Garza and Felicitas Garza Zamora are permissive users 0f a road across Defendants’ properties. In support thereof, Defendants show the following; The only written easement is across Defendants’ properties is the 1947 Agreed Judgment. The 1947 Agreed Judgment states in pertinent part, “The Plaintifls (emphasis added) are t0 have an easement across Tracts 3 and 4, and all other lands north 0f there, belonging t0 the defendants, t0 lands north 0f tract 4, owned by plaintifs, for the purpose 0f going back andforth and hualing farm equipment back andforth between their home 0n Tract 2, and lands which they own North 0f Tract 4.” Defendants are the owners of the Tracts 3 and 4. The 1947 Agreed Judgement gave Plaintiffs Romulo Garza and his wife Felicitas Garza Zamora an easement in gross. Easements in gross attach t0 the person WILLIAM ALLEY v. JAMES CARLETON 29 Tex. 74 1867. Easements in gross cannot be assigned or granted over to another. id. Felicitas Garza Zamora passed away in 1958, and Romulo Garza passed away in 1985. The easement in gross expired in 1985 when Romulo Garza passed away. Consequently, all parties that are subsequent title holders from Romulo Garza and/or Felicitas Garza Zamora d0 not have an easement across Defendant’s property. Via the good and neighborly will 0f Defendants, all subsequent title holders from Romulo Garza and Felicitas Garza have been permissively coming across Defendants’ properties. Furthermore, Defendants request that the Court declare that Parties who are subsequent title holders to Romulo Garza and Felicitas Garza Zamora Do 6 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks NOT have standing to bring this suit. Romulo Garza and Felififéi§w€9a§fieMarie W'arrea' easement in gross terminated upon the death 0f Romulo Garza in 1985 and could NOT be granted or assigned to another. Therefore, heirs 0r assigns 0f Romulo Garza and/or Felicitas Garza d0 not have standing to bring this suit or Restraining Orders. In the alternative, and only in the alternative, should this honorable Court determine that Parties who are subsequent title holders to Romulo Garza and Felicitas Garza Zamora somehow have an easement through Defendants’ respective properties, Defendants request that the Court declare that said easement is a general easement. Defendants further request that the Court declare that said general easement is undefinded and undesignated as to its width and location. Defendants further request that the Court declare that the current road used by Plaintiffs and Intervenors splits Defendants’ property into two parcels and that such split into two parcels creates an unreasonable burden, inconvenience, and diminished value of Defendants’ property. Furthermore, Defendants request the Court declare that because of the easement being a general easment and because of the unreasonable burden, unreasonable inconvenience and diminished value to Defendants properties it creates, Defendants have the right t0 move the easement t0 a reasonable location that does not unreasonably burden and/or unreasonably inconvenience and diminish the value 0f Defendants’ property. The cost to prepare, maintain, and improve the easement t0 promote the purpose for which it was created is born by owners of the easement. SUN PIPE LINE CO., INC. V. P KIRKPATRICK, 514 s.w. 2d 789, 792 (TeX. App. Beumont 1974, writ ref’d n.r.e). In addition, Defendants request the Court declare that Parties who are subsequent title holders to Romulo Garza and Felicitas Garza Zamora d0 not 7 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks possess the authority to alienate Defendants from their property intMWe‘l‘EEWarie Vi”a"ea' also d0 not have a right to threaten the peaceful enjoyment 0f Defendants’ properties. They are Without authority or right t0 deny Defendants their right t0 peaceful quietly enjoyment 0f their properties. Defendants further pray for recovery of reasonable attorney’s fees expended herein in seeking and obtaining such declaratory relief. With regard to the Plaintiff, Defendants request that the Court declare that said easement is a general easement. Defendants further request that the Court declare that said general easement is undesignated as t0 its width and location. Defendants also request that the Court declare that the current road used by Plaintiff splits Defendants’ property into two parcels and that such split into two parcels creates an unreasonable burden, inconvenience, and diminished value 0f Defendants’ property. Furthermore, Defendants request the Court declare that because 0f the easement being a general easment and because of the unreasonable burden, unreasonable inconvenience and diminished value to Defendants properties it creates, Defendants have the right to move the easement t0 a reasonable location that does not unreasonably burden and/or unreasonably inconvenience and diminish the value 0f Defendants’ property. In addition, Plaintiff does not have a right t0 threaten the peaceful enjoyment 0f Defendants’ properties. They are without authority 0r right t0 deny Defendants their right to peaceful quietly enjoyment of their properties. Defendants further pray for recovery of reasonable attorney’s fees expended herein in seeking and obtaining such declaratory relief. Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks VI. Reviewed By: Marie Villarreal CLOUD OF TITLE Parties who are subsequent title holders t0 Romulo Garza and Felicitas Garza Zamora through the erroneous claim 0f an easement through Defendants’ properties and by threatening the peaceful enjoyment 0f Defendants’ properties, have placed a cloud of title 0n Plaintiff’s property interest. Plaintiffs Continued use of existing road that splits Defendants’ prperties into two tracts of land under erroneous and illegal claim of easement and/or designated 0r fixed easement by all parties to this cause, places a cloud 0n title on Defendant’s property interest. Suit for removal 0f the cloud 0f title and for damages, including, but not limited t0, loss of value t0 Defendant’s property, and the recovery 0f reasonable attorney’s fees, is proper. VII. TRESPASS TO TRY TITLE Parties who are subsequent title holders t0 Romulo Garza and Felicitas Garza Zamora open and unlawful claim to easement across Defendants’ properties gives rise t0 a claim for Trespass to Try Title. Plaintiffs claim to easement 0n road that splits Defendants’ property into two parcels and that such split into two parcels creates an unreasonable burden, inconvenience, and diminished value 0f Defendants’ property gives rise to a claim for Trespass t0 Try Title. Suit by Defendants t0 quiet their title in their property, and for damages caused thereby, including loss 0f value t0 Plaintiffs property interest, and recovery 0f reasonable attorneys fees, is proper. Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks VIII. Reviewed By: Marie Villarreal ATTORNEY’S FEES It was necessary t0 secure the services 0f the undersigned attorney t0 enforce and protect the rights of Defendants. Parties who are subsequent title holders t0 Romulo Garza and Felicitas Garza Zamora and Plaintiff should be ordered t0 pay reasonable attorney’s fees under the Declaratory Judgment Act, Texas Civil Practice and Remedies Code, §§ 37.009 e_t. fl. Parties who are subsequent title holders to Romulo Garza and Felicitas Garza Zamora and Plaintff should be further ordered t0 pay all other costs 0f this proceeding. WHEREFORE, PREMISES CONSIDERED, Defendants pray that Parties who are subsequent title holders t0 Romulo Garza and Felicitas Garza Zamora and Plaintiff upon final hearing, pay Defefendant’s attorney’s fees, costs 0f court, and for such other and further relief, general or special, at law 0r in equity, t0 which Defendants may show themselves justly entitled. Respectfully submitted, Efrain Carrera 617 S. 12th Ave. Edinburg, Texas 78539 (956) 387-0909 (956) 387-0914 Fax By: /s/ Efrain Carrera Efrain Carrera State bar # 24025284 Attorney for Plaintiff 10 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Reviewed By: Marie Villarreal NOTICE SUBJECT TO THE ORDERS OF THIS HONORABLE COURT, NOTICE HEREBY GIVEN TO PARTIES WHO IS ARE SUBSEQUENT TITLE HOLDERS TO ROMULO GARZA AND FELICITAS GARZA ZAMORA THAT ANY AND ALL PERMISSION TO TRAVERSE OR ENTER ONTO DEFENDANT’S RESPECTIVE PROPERTIES IS HEREBY WITHDRAWN. 11 Electronically Filed 1/20/2021 12:15 PM Hidalgo County District Clerks Reviewed By: Marie Villarreal CERTIFICATE 0F SERVICE I certify that on January 20. 2021 a true and correct copy of Defendants First Amended Answer was served t0 the following contacts. Jose M. Martinez; jmmatty2003@yahoo.com attorney , for Intervenors Mr. A. Andre Maldonado; maldonadolaw@yahoo.com, attorney for Defendant Maldonado. Garza. Mr. Aaron Vela; aaron@velalaw.com, attorney for Plaintiff. Mr. Thomas Daniel Koeneke; daniel@erkattorneys.com, attorney for Plaintiff. /S/.' Efrain Carrera 12