Journal of the House of Representatives Regular Session, Volume 2, and First Called Session of the Fifty-Ninth Legislature Page: 1,877
1813-3716, 119 p. ; 23 cm.View a full description of this legislative document.
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May 1, 195 HOSE JURNA 187
Departments or Agencies of the State
of Texas, or any of the political sub-
divisions of the State of Texas, in
said suit, but all such defenses are
hereby specifically reserved.
The resolution was referred to the
Committee on State Affairs.
TO GRANT PERMISSION TO
SUE THE STATE
Mr. Atwell offered the following
resolution:
H. C. R. No. 128
Whereas, Paul F. Martinson is the
owner of all that certain lot, tract or
parcel of land situated in Dallas
County, Texas, and being Lots 6 and
7 in Block "A" of Terrace Grove
Addition to the City of Dallas, Texas,
according to the Map thereof re-
corded in Volume 99, Page 114, of the
Deed Records of Dallas County, Tex-
as, and being the same property con-
veyed by L. R. F. Wright, Cora Lee
Wright Roupe and husband, George
Roupe, E. F. Wright, Marvin Wright,
C. E. Wright, Lorene Wright Mitchell
and husband, Raymond Mitchell and
L. R. Wright to Paul F. Martinson by
Deed dated the 29th day of June,
1948, and recorded in Volume 3024,
Page 337, of the Deed Records of
Dallas County, Texas, to which ref-
erence is made for all purposes; and
Whereas, L. R. F. Wright and Mary
Wright, predecessors in title to the
above described tract to Paul F.
Martinson, conveyed a strip of land
to the State of Texas by Right-of-
Way Deed, being part of the Wm.
Coombes Survey, Abstract No. 290,
situated in Dallas County, Texas, and
being a strip of land 25 feet in width
across the South side of 6 & 7, Block
4016 of the City of Dallas, and con-
taining 0.12 acres more or less, as
shown by Right-of-Way Deed re-
corded in Volume 1785, Page 228 of
the Deed Records of Dallas County,
Texas, and to which reference is here
made for all purposes; and
Whereas, L. R. F. Wright and Mary
F. Wright, the owners of the afore-
described property at the time of the
conveyance to the State of Texas by
Right-of-Way Deed and the predeces-
sors in title to Paul F. Martinson, con-
veyed said property to the State of
Texas based upon the representationsand agreements of the representatives
of the State Highway Commission and
the Texas Highway Department that
one of the conditions to, and a part of
the consideration of, the above re-
ferred to conveyance to the State of
Texas was that the grantors, nor their
heirs, assigns or successors should
ever be liable for any portion of the
cost of grading or paving of the
strip of land conveyed; and
Whereas, This has not been done
and the City of Dallas, Dallas County,
Texas, has assessed Paul F. Martinson
for paving assessments for this same
strip of land conveyed by Right-of-
Way Deed to the State of Texas as
hereinabove set out; and
Whereas, The said Paul F. Martin-
son desires to bring suit for cancella-
tion and recision of the Right-of-Way
Deed recorded in Volume 1785, Page
228 of the Deed Records of Dallas
County, Texas, because of failure of
consideration and/or lack of perform-
ance by the State of Texas, and the
Texas Highway Department to hold
L. R. F. Wright and Mary F. Wright,
their heirs, assigns or successors in
title harmless from the cost of grad-
ing or paving of this strip of land, to
determine and fix liability of the
value of the part taken and for dam-
ages to this property which has been
taken by the Texas Highway Depart-
ment and the State of Texas, and/or
for specific performance of the agree-
ment between the representative of
the Texas Highway Commission and
the State of Texas and L. R. F.
Wright and Mary F. Wright, prede-
cessors in title to Paul F. Martinson;
now, therefore, be it
Resolved, by the House of Repre-
sentatives of the State of Texas, the
Senate concurring, That the consent
of the State of Texas is hereby given
to Paul F. Martinson of Dallas Coun-
ty, Texas, to bring suit against the
State of Texas and the Texas High-
way Department and the Texas High-
way Commission in a Court of com-
petent jurisdiction in order to deter-
mine whether or not the said Right-
of-Way Deed should be canceled or
rescinded and what damages, if any,
and what compensation, if any, they
are entitled to receive and/or for
specific performance of said agree-
ment; and be it further
Resolved, That nothing herein shallMay 11, 1965
HOUSE JOURNAL
1877
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Texas. Legislature. House of Representatives. Journal of the House of Representatives Regular Session, Volume 2, and First Called Session of the Fifty-Ninth Legislature, legislative document, 1966; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193873/m1/73/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.