El Caballero Ranch, Inc. A/K/A El Caballero, LLC and Laredo Marine, LLC v. Grace River Ranch, LLC

EXHIBIT A FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
03/12/2015 4:41:59 PM
KEITH E. HOTTLE
Clerk
 NO. 13-04-00108-CVL

GRACE RIVER RANCH, LLC IN THE DISTRICT COURT OF

EL CABALLERO RANCH, INC. AlKi A § LA SALLE COUNTY, TEXAS
EL CABALLERO, LLC AND
LAREDO MARINE, L.L.C,

V.

ROBERT W. BRITTINGHAM § 218TH JUDICIAL DISTRICT

PARTIAL SUMMARY JUDGMENT

On September 18, 2014, came on for hearing the Second Traditional and No-

Evidence Motion for Summary Judgment of Grace River Ranch, LLC (the "Motion").

The Court having considered the pleadings• and papers on file, the timely-filed

summary judgment evidence, the argument of counsel, and the Court's previous ruling in its

Second Amended Order Granting Traditional and No-Evidence Motion for Summary

Judgment of Grace River Ranch, LLC entered on December 3, 2014 finds and concludes that

the Partial Summary Judgment should be granted as follows:

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that for the

purposes of this Order, the following terms shall have the following meanings:

1. GRACE RIVER: means GRACE RIVER RANCH, LLC, its agents,
employees, ccarat.pac-ter-&;,1-icensees, invitees,-aadsts,

2. EL CABALLERO: means EL CABALLERO RANCH, INC., its
agents, employees, contractors, affiliates, successors, assigns, and
persons acting in concert with said persons.

3. LAREDO MARINE: means LAREDO MARINE, L.L.C., its agents,
employees, contractors, affiliates, successors, and assigns and persons
acting in concert with said persons.

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 4. Grace River Ranch: means all that certain 6,779.066 acre tract or
parcel of land in La Salle County, Texas described in Special Warranty
Deed, Veda Gwen Goodwin Treat and Kelly Maxwell Goodwin, Co-
Trustees of the Roy and Bonnie Goodwin Family Ranch Trust dated
December 17, 2012 to Rio Gracia, LLC dated December 31, 2012 and
filed of record at Volume 664, Page 227, Official Public Records, La
Salle County,_Texas.

5. El Caballero Ranch: means all that certain 9,220.993 acre tract or
parcel of land in La Salle County, Texas described in Warranty Deed,
Knight Oil Tools, Inc. to El Caballero Ranch, Inc. dated March 30,
1998 and filed of record at Volume 400, Page 83, Deed Records, La
Salle County, Texas.

6. 7 C's Ranch: means all that certain 30,074.41 acre tract or parcel of
land in La Salle and Webb Counties, Texas described in Correction
General Warranty Deed With Assumption of Security Documents from
Damon Chouest, Inc. to Laredo Marine, L.L.C. dated April 20, 2011
and filed of record at Volume 572, Page 120, Official Public Records,
La Salle County, Texas.

7. Nueces River Crossing: means all that certain tract being a fifty foot
(50') easement across the Nueces River in La Salle County, Texas
described in Miscellaneous Easement from the State of Texas to Grace
River Ranch dated August 1, 2013 and filed of record at Volume 776,
Page 268, Official Public Records, La Salle County, Texas (the
"Miscellaneous Easement").

8. Grace River Easements: means collectively (1) an eighty foot (80')
wide easement for vehicular and pedestrian access (Northerly)
described in Access Easement Agreement, Patrick H. Welder, Jr. to
John T. Mundy, et ux dated September 6, 1995 and filed of record at
Volume 382, Page 1, Deed Records, La Salle County, Texas; and (2) an
eighty foot (80') wide easement for vehicular and pedestrian access
(Easterly) described in Access Easement Agreement, Patrick H.
Welder, Jr. to John T. Mundy, et ux dated September 6, 1995 and filed
of record at Volume 382, Page 9, Deed Records, La Salle County,
Texas.

9. County Road Easement: means the County Road Easement described
in Right-of-Way Deed, Ruth Bradley Watkins, Individually and as
Executrix of the Will and Estate of Griffin Watkins, Deceased, et al to
G. A. Welhausen, County Judge, La Salle County, Texas dated
February 3, 1939 and filed of record at Volume M-3, Page 390, La
Salle County, Deed Records.

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 IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

1. Private Easement. GRACE RIVER has valid and subsisting non-
exclusive express easements across El Caballero Ranch, 7 C's Ranch,
and the Nueces River Crossing for vehicular and pedestrian access to
and egress from Grace River Ranch along that part of the Grace River
Easements lying within El Caballero Ranch, 7 C's Ranch, and/or the
Nueces River Crossing with the right to use and maintain the road
thereon and any culverts, low water crossings, or bridges lying along
the Grace River Easement in conformity with the rights and privileges
and subject to the requirements set out in the Grace River Easements
and the Miscellaneous Easement.

2. Public Road. There is a valid and subsisting public road across El
Caballero Ranch, 7 C's Ranch, and Nueces River Crossing along the
route and of the width described in the County Road Easement for that
part of the County Road Easement lying within El Caballero Ranch, 7
C's Ranch, and the Nueces River Crossing.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that:

1. Private Easements. EL CABALLERO and LAREDO MARINE are
enjoined from:

(a) Erecting or maintaining any barriers, fences, or gates of any kind
that would interfere with or obstruct the free flow of vehicular or
pedestrian access, on, over, or across the Grace River Easements
other than gates currently located on El Caballero Ranch or 7 C's
Ranch. All such gates must be maintained and/or secured such that
GRACE RIVER may pass through them without assistance.
LAREDO MARINE shall remove the fence along the Northerly
Grace River Easement and located within 7 C's Ranch within 30
days of the date entry of this Partial Summary Judgment.

(b) Maintaining any gate or barrier along or across the Grace River
Easements without providing all neceSsary keys, combinations, or
codes to GRACE RIVER to open such gates without assistance.
Such keys, combinations, or codes are to be delivered to GRACE
RIVER not later than 3 days from the entry hereof, and prior to an
installation of any future rekeyed, reconfigured, or recoded leek.

(c) Taking any action to prevent GRACE RIVER from freely opening
and. closing any gates in the Grace River Easements without
assistance.

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 (d) Preventing or obstructing GRACE RIVER from using, having
access across, or undertaking the maintenance or repair of the
roadway, bridges, low water crossings, culverts, grades, trimming,
etc. along the Grace River Easements and Nueces River Crossing.

2. Public. Road. EL CABALLERO and LAREDO MARINE are
permanently enjoined from:

(a) Preventing or obstructing maintenance or repair of the roads,
bridges; culverts, grades, or low water crossings lying along the
County Road Easement.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Partial

Summary Judgment is intended to be Interlocutory in nature adjudicating only all claims of

the Parties relating to the validity, continuity, and extent of the Grace River Easements and

the County Road Easement. This Order does not adjudicate the following related claims:

1. All claims of GRACE RIVER for damages against EL CABALLERO
and LAREDO MARINE claimed to be sustained by reason of any
disruption or blocking of the Grace River Easements or the County
Road Easements.

2. All claims for attorney's fees and costs.

SIGNED this 'day of

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PREPARED BY:

MOORMAN TATE HALEY
UPCHURCH & YATES, LLP
'

STEVEN C. HALEY
State Bar No. 08741900
207 East Main
P.O. Box 1808
Brenham, Texas 77834-1808
Telephone: (979) 836-5664
Telecopier: (979) 830-0913
shaley@moormantate.coni

Attorney for GRACE RIVER RANCH, LLC

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