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CAUSE NO 12379
CTL PROPCO ILPAND JC PENNEY IN THE DISTRICT COURT OF
CORPORATION, INC., AS LESSEE
Plaintiffs,
MONTGOMERY COUNTY, TEXAS
MONTGOMERY CENTRAL APPRAISAL
DISTRICT,
Defendant. JUDICIAL DISTRICT
AGREED FINAL JUDGMENT
ON THIS DAY, this cause came on for trial and came the Plaintiffs CTL Propco I LP
and JC Penney Corporation, Inc., as Lessee by and through attorney of record and also
came the Defendant, Montgomery Central Appraisal District, by and through its attorney of
record, and all parties having announced ready for trial, all matters of fact and law were submitted
to the court. The parties announced to the Court they had reached a settlement regarding all issues
of law and fact in dispute herein, including the appraised value of the property that is the subject
of this cause and which is more fully described in Plaintiffs’ Original Petition.
The parties agree that bona fide disputes and controversies exist between them conceming
the appraised value and taxable status of the Property. The parties solely for the purpose of
compromising and settling their claims enter into these stipulations. Except as set forth below, no
other use of this Stipulation may be made by the parties as concerns the claim of either party,
whether having arisen in the past, now pending, or to arise in the future, including subsequent
disputes as to the market, appraised value or taxable status of the Property within Defendant's
appraisal jurisdiction in subsequent years. This agreement is not intended by either party as an
admission of the taxable status, appraised value or market value of the Property, nor shall it be
epresented by either party as to the other, as an admission of same. The existence, terms, and
Minute
12th of September, 2023
contents of this Agreed Judgment shall not be admissible in any judicial or administrative
proceeding as against either party except as may be necessary to enforce the terms and conditions
of said judgment.
The parties agree that the appraised value of the property as of January 1, 2022 shall be
as follows:
ACCOUNT NUMBER 2022 AGREED VALUE
R260628 $10,880,000.00
R382289 $9,850,000.00
Plaintiffs specifically waives the right to receive interest on the amount refunded pursuant
to Chapter 42 of the Texas Tax Code if such refund is paid within ninety (90) days after the Chief
Appraiser certifies the correction to the appraisal rolls. In the event such refund is not issued within
such time frame, refund interest will accrue. The Court having reviewed the pleadings on file
herein and having reviewed the terms of the settlement is of the belief that it should be in all ways
approved, accordingly;
IT IS ORDERED, ADJ UDGED AND DECREED that:
The appraised value placed by the Montgomery Central Appraisal District and the
Appraisal Review Board of Montgomery County upon Plaintiffs’ property, described in
Plaintiffs’ Original Petition is hereby canceled and set aside;
The Court fixes the appraised value for the property as of January 1, 2022 as follows:
ACCOUNT NUMBER | 2022 AGREED VALUE
R260628 $10,880,000.00
R382289 $9,850,000.00
Plaintiffs shall not receive interest accruing to refunds which are forthcoming from the
taxing units in which the subject property is taxable in connection with this judgment,
provided such refunds are made within ninety (90) days after the Chief A ppraiser certifies
the correction to the appraisal rolls.
‘ause No. 22-09-12379; Agreed Final Judgment; Page
Minute
12th of September, 2023
It is further ordered that in the event that the terms of this Agreed Judgment result in a
refund of taxes for the year or years in question, then such refund or refunds and any
applicable interest shall be sent by first class mail to the named Plaintiffs at the address for
the Plaintiffs’ attomey of record.
The Montgomery Central Appraisal District, and in particular, its Chief Appraiser, shall
correct the 2022 appraisal roll in conformity with this judgment to reflect the above
valuation and taxable status for the subject property;
The Montgomery Central A ppraisal District shall certify said corrections to the taxing units
in which the subject property is taxable in conformity with the post-appeal procedures
provided by Chapter 42, Texas Tax Code.
All costs of Court are taxed against the party incurring same; and
All relief not expressly granted herein is hereby DENIED.
9/11/2023 9:21:01 AM
SIGNED on this the —---- day of -a- a 2023
—----- pw
JupcE Pr¥sipinc
‘ause No. 22-09-12379; Agreed Final Judgment; Page
Minute
12th of September, 2023
APPROVED AS TO FORM AND SUBSTANCE
YO)
POLO _-
—-. ee —-------
ht
State Bar No. 24082612
POPP HUTCHESON PLLC
1301 S. Mopac, Suite 430
Austin, Texas 78746
Telephone: (512) 473-2661
email: an di rew.albright@ pro erty-tax.com.
ATTORNEYS FOR PLAINTIFFS
(lol baxter
To
Carol Barton
State Bar No. 00783610
charton@ pbfcm.com
Sandra Griffin
State Bar No. 00791280
Christopher S. Jackson
State Bar No. 00796816
Kyle Dickson
State Bar No. 24078424
A. Dylan Wood
State Bar No. 00797689
PERDUE, BRANDON, FIELDER, COLLINS
& MOTT, L.L.P.
3301 Northland Dr., Suite 505
Austin, Texas 78731
Telephone: (512) 302-0190
Facsimile: (512) 323-6963
ATTORNEYS FOR DEFENDANT
‘ause No. 22-09-12379; Agreed Final Judgment; Page
Minute
12th of September, 2023
Minute
12th of September, 2023
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CAUSE NO 12379 CTL PROPCO ILPAND JC PENNEY IN THE DISTRICT COURT OF CORPORATION, INC., AS LESSEE Plaintiffs, MONTGOMERY COUNTY, TEXAS MONTGOMERY CENTRAL APPRAISAL DISTRICT, Defendant. JUDICIAL DISTRICT AGREED FINAL JUDGMENT ON THIS DAY, this cause came on for trial and came the Plaintiffs CTL Propco I LP and JC Penney Corporation, Inc., as Lessee by and through attorney of record and also came the Defendant, Montgomery Central Appraisal District, by and through its attorney of record, and all parties having announced ready for trial, all matters of fact and law were submitted to the court. The parties announced to the Court they had reached a settlement regarding all issues of law and fact in dispute herein, including the appraised value of the property that is the subject of this cause and which is more fully described in Plaintiffs’ Original Petition. The parties agree that bona fide disputes and controversies exist between them conceming the appraised value and taxable status of the Property. The parties solely for the purpose of compromising and settling their claims enter into these stipulations. Except as set forth below, no other use of this Stipulation may be made by the parties as concerns the claim of either party, whether having arisen in the past, now pending, or to arise in the future, including subsequent disputes as to the market, appraised value or taxable status of the Property within Defendant's appraisal jurisdiction in subsequent years. This agreement is not intended by either party as an admission of the taxable status, appraised value or market value of the Property, nor shall it be epresented by either party as to the other, as an admission of same. The existence, terms, and Minute 12th of September, 2023 contents of this Agreed Judgment shall not be admissible in any judicial or administrative proceeding as against either party except as may be necessary to enforce the terms and conditions of said judgment. The parties agree that the appraised value of the property as of January 1, 2022 shall be as follows: ACCOUNT NUMBER 2022 AGREED VALUE R260628 $10,880,000.00 R382289 $9,850,000.00 Plaintiffs specifically waives the right to receive interest on the amount refunded pursuant to Chapter 42 of the Texas Tax Code if such refund is paid within ninety (90) days after the Chief Appraiser certifies the correction to the appraisal rolls. In the event such refund is not issued within such time frame, refund interest will accrue. The Court having reviewed the pleadings on file herein and having reviewed the terms of the settlement is of the belief that it should be in all ways approved, accordingly; IT IS ORDERED, ADJ UDGED AND DECREED that: The appraised value placed by the Montgomery Central Appraisal District and the Appraisal Review Board of Montgomery County upon Plaintiffs’ property, described in Plaintiffs’ Original Petition is hereby canceled and set aside; The Court fixes the appraised value for the property as of January 1, 2022 as follows: ACCOUNT NUMBER | 2022 AGREED VALUE R260628 $10,880,000.00 R382289 $9,850,000.00 Plaintiffs shall not receive interest accruing to refunds which are forthcoming from the taxing units in which the subject property is taxable in connection with this judgment, provided such refunds are made within ninety (90) days after the Chief A ppraiser certifies the correction to the appraisal rolls. ‘ause No. 22-09-12379; Agreed Final Judgment; Page Minute 12th of September, 2023 It is further ordered that in the event that the terms of this Agreed Judgment result in a refund of taxes for the year or years in question, then such refund or refunds and any applicable interest shall be sent by first class mail to the named Plaintiffs at the address for the Plaintiffs’ attomey of record. The Montgomery Central Appraisal District, and in particular, its Chief Appraiser, shall correct the 2022 appraisal roll in conformity with this judgment to reflect the above valuation and taxable status for the subject property; The Montgomery Central A ppraisal District shall certify said corrections to the taxing units in which the subject property is taxable in conformity with the post-appeal procedures provided by Chapter 42, Texas Tax Code. All costs of Court are taxed against the party incurring same; and All relief not expressly granted herein is hereby DENIED. 9/11/2023 9:21:01 AM SIGNED on this the —---- day of -a- a 2023 —----- pw JupcE Pr¥sipinc ‘ause No. 22-09-12379; Agreed Final Judgment; Page Minute 12th of September, 2023 APPROVED AS TO FORM AND SUBSTANCE YO) POLO _- —-. ee —------- ht State Bar No. 24082612 POPP HUTCHESON PLLC 1301 S. Mopac, Suite 430 Austin, Texas 78746 Telephone: (512) 473-2661 email: an di rew.albright@ pro erty-tax.com. ATTORNEYS FOR PLAINTIFFS (lol baxter To Carol Barton State Bar No. 00783610 charton@ pbfcm.com Sandra Griffin State Bar No. 00791280 Christopher S. Jackson State Bar No. 00796816 Kyle Dickson State Bar No. 24078424 A. Dylan Wood State Bar No. 00797689 PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. 3301 Northland Dr., Suite 505 Austin, Texas 78731 Telephone: (512) 302-0190 Facsimile: (512) 323-6963 ATTORNEYS FOR DEFENDANT ‘ause No. 22-09-12379; Agreed Final Judgment; Page Minute 12th of September, 2023 Minute 12th of September, 2023