Appendix — HPY Inc. v. Electric Power Authority
Supreme Court brief1993
Ask Donna
What actually matters in this document.
Text
INDEX TO APPENDIX
i. Judgment by the United States
Court of Appeals for the First Circuit
Affirming the District Court for the
District of Puerto Rico Judgment. .....A-1
a Order Denying Petition for Rehearing . A-9
3. Judgment by United States District
Court for the District of Puerto Rico
Dismissing Complaint. ....... » « « « A-1l
4. Opinion and Order by United States
District Court for the District of Puerto
Rico Dismissing Complaint. ..... - «+ « A=-12
5. Original Complaint filed by HPY Inc.
against defendants (here respondents) in
United States District Court for the
District of Puerto Rico. ....... - - A-20
6. Inverse Condemnation Complaint filed
in the Superior Court of Puerto Rico in
San Juan, Puerto Rico. ......... - A-38
7 Minute Order granting 60 days to HPY
Inc. to inform Court if HPY Inc. Property
would be included in State expropriation
proceeding. ...+..c.secsecveee. A-48
8 Motion for Dismissal of Inverse
Condemnation complaint without prejudice. . A-51
9. Judgment of Superior Court of Puerto
Rico in Ponce, Puerto Rico granting
dismissal of inverse condemnation complaint
with prejudice. ......4.... © «© « « A=53
10. Motion for Intervention on State
Condemnation Proceedings. ........ - A-55
11. Minute from General Justice Court
from the Superior Court of Puerto Rico
in San Juan Puerto Rico, recognizing
denial of intervention, and re-opening
previously filed eviction proceeding. .. . A-58
12. Minute from the Superior Court of
Puerto Rico, in Ponce, Puerto Rico
regarding precarious eviction and
accession. .. «ssesese08se0200 6 AMEE
13. Findings of Fact, Conclusions of
Law and Judgment from the General Justice
Court from the Superior Court of Puerto
Rico, im Ponce, Puerto Rico. ...... . A-71
14. Notification of Judgment to parties
of eviction proceeding. ...... ++ + A108
15. Court Ordered Expert Report regarding
expropriated land and error which occured
from a surveyors incorrect measurement. . A~111
16. Certification (Title) of HPY Inc.
five tracts of land. ..... © « «© « « AW122
A-1
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 92-2370
HPY, INC.
Plaintiff-Appellant.
Vv.
AUTHORITY OF ELECTRIC POWER, ET AL
Defendants-Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
(Hon. Jose Antonio Fuste, U.S. District Judge}
Before
Cyr, Cir
Circuit Judge,
Boudin, Circuit Judge,
and Burns, Senior District Judge.
Francisco J. Amundaray-Rodriquez, Mirta EF.
Rodriguez-Mora, Attorney, Department of Justice,
and Mercado & Soto on brief for
appellant. Reina Colon De Rodriquez, Acting
Solicitor General, Department of Justice, Carlos
P Assistant Solicitor General,
Lugo __ Fiol
Department of Justice, Arturo Trias,
, and a ev on
brief for appellees.
April 15, 1993
* Of the District of Oregon, sitting by
designation
A-2
- Cu . HPY, Inc., brought this’ action
under 42 U.S.C. § 1983 against three public
authorities in Puerto Rico, certain of their
officials, and John Does 1 through 1,000. The
agencies are the Electric Power Authority,
the Puerto Rico Aqueduct and Sewer Authority
and the Rural Housing Administration. The
heart of the complaint was the _ following
allegation:
"On or about 1985, squatters,
without valid title or
authorization from the plaintiff
started massive land invasions on
said properties [belonging to
plaintiff). The squatters, also
Defendants of [sic] this suit,
encouraged and abetted by the other
Defendants, proceeded to construct or
build shacks and houses on
Plaintiff’s properties."
This, said the complaint, comprised a
deprivation of property rights "without due
process and without due compensation."
The defendants moved to dismiss the complaint
for failure to state a claim. Fed. R. Civ. P.
12(b) (6). In opposing the motion, HPY offered
A-3
a few more factual allegations.
Specifically, it alleged that Squatters had
occupied its land and that some Or all of the
named defendants had encouraged the invasion and
abetted the squatters by supplying public
facilities like power to the Squatters and even
constructing or assisting the Squatters to
construct shacks. The district court ultimately
dismissed the complaint, with prejudice, for
failure to state a Claim, observing that "we
are as likely to squeeze blood from-a stone as
we are to squeeze any more facts from this
complaint... ."™ HPY appeals.'!
We affirm the district court. Section 1983
creates a claim for injuries done by anyone who
"acting under color of" state law deprives the
victim of any "rights, privileges, or
immunities" protected under the Constitution.
' After filing its brief with this court,
HPY filed two informative motions. One motion
amended a page reference included in its brief;
the second provided us with supplemental support
for its argument. We grant both motions.
A-4
The original complaint did not explain what the
named defendants had done under color or state
law, but we will take the complaint on this
appeal as illuminated by HPY’s oppositions to
the motions to dismiss. Even in this posture,
and allowing HPY the benefits of liberal
pleading rules, 5 Wright & Miller, Federal
Practice and Procedure § 1219 (1990), we cannot
see how HPY can premise a claim under section
1983 upon the facts alleged.
We will assume argquendo that the color of
state law requirement is met as to the named
defendants (since they are governmental entities
and officials) and that HPY’s property has been
physically occupied and its value diminished.
But if the actions of the named defendants are
not authorized by local law or regulation, then
there is no constitutional violation so long as
local law affords a remedy for any tortious
misconduct. Hudson Vv, Palmer, 468 U.S.
$17, 533 (1984) (unauthorized property
A-5
seizure of state employees not a constitutional
deprivation is state remedy afforded).
Defendants assert that there is a remedy under
local law, 32 L.P.R.A. § 3077.
HPY neither alleged the absence of such a remedy
in the complaint nor countered defendants’
assertion in this court (HPY did not file a
reply brief.
Alternatively, if HPY is alleging that the
abetting of the trespass is authorized by Puerto
Rican law, conceivably a taking claim would
arise and the Constitution would require
compensation. But again’ there is no
constitutional deprivation so long as Puerto
Rico provides an appropriate remedy to secure
compensation for takings. Williamson Planning
Commission v. Hamilton Bank, 473 U.S. 172,
194 (1985). Once again, the defendants assert
that such a remedy exists under Puerto Rican
law, see Culebras Enterprises Corp. v. Rivera
A-6
Rios, 813 F. 2d 506, 513 (lst Cir. 1987), and
once again there is no contrary allegation in
the complaint and no counter to defendants’
assertion by way of reply brief.
HPY also complains that the dismissal should
have been without prejudice in light of the
liberal leave-to-amend policies followed by the
courts. Here, however, HPY filed an utterly
uninformative complaint. We have effectively
treated the additional material scattered in its
three oppositions filed in the district court as
amendments to the complaint. Even _ so, HPY has
still failed to state a claim, nor has it filed
a reply in this court responding to _ the
authorities just recited (which were set forth
in the answering briefs). Accordingly, we do
not think that the dismissal with prejudice
represents an abuse of discretion.
Affirmed.
A-7
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 92-2370
2 ee oe
Plaintiff-Appellant,
ELECTRIC POWER AUTHORITY, ET AL.,
Defendants-Appellees.
JUDGMENT
Entered: April 15, 1993
This cause came on to be submitted on the briefs
and the original record on appeal from the
Jnited States District Court for the District of
-uerto Rico.
A-8 |
Upon consideration whereof, It is now here.
ordered, adjudged and decreed as follows: The
judgment of the District Court is affirmed.
By the Court:
FRANCIS P. SCIGLIANO
Clerk
{[cc: Mr. Amundaray-Rodriguez and Ms. Colon De
Rodriguez]
A-9
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 92-2370
HPY, INC.
Plaintiff, Appellant.
AUTHORITY OF ELECTRIC POWER, ET AL
Defendants, Appellees.
BEFORE
CYR, re d yo
BOUDIN, Circuit Judge,
and BURNS*, Se trict J
A-10
ORDER OF COURT
Entered May 11, 1993
Upon consideration of Appellant’s petition
for rehearing,
It is ordered that said petition be denied.
By the Court:
FRANCIS P.SCIGLIANO
Clerk
(cc: Messrs. Rodriguez Mora, Soto-Balbas,
Mercado, Garay Auban)
(cc: Messrs. Trias, Lugo Fiol, Marrero Narvaez)
(cc: Messrs. Santiago Torres, Amundaray-
Rodriguez)
* Of the District of Oregon, sitting by
designation
A-1l
UNITED STATES DISTRICT COURT
DISTRICT OF PUERTO RICO
HPY, INC.
Plaintiff. Civil No. 92-1522 (JAF)
Vv.
PUERTO RICO ELECTRIC
POWER AUTHORITY; JOSE
A. DEL VALLE; PUERTO
RICO AQUEDUCT AND SEWER*
AUTHORITY; ENG. MARIA *
MARGARITA IRIZARRY; *
RURAL HOUSING *
ADMINISTRATION ; GAMALIER*
RODRIGUEZ MERCADO,et al*
Defendants. *
+e ee eee &
JUDGMENT
Pursuant to the terms of an Order announced by
the court today, judgment is now entered
dismissing the complaint with prejudice.
This case is now closed for all purposes.
Concord, New Hampshire, this 7th day of
Ictober, 1992.
JOSE ANTONIO FUSTE
U. S. District Judge
A-12
UNITED STATES DISTRICT COURT
DISTRICT OF PUERTO RICO
HPY, INC.
Plaintiff. Civil No. 92-1522 (JAF)
Vv.
PUERTO RICO ELECTRIC
POWER AUTHORITY; JOSE
A. DEL VALLE; PUERTO
RICO AQUEDUCT AND SEWER*
AUTHORITY; ENG. MARIA *
MARGARITA IRIZARRY; *
RURAL HOUSING *
ADMINISTRATION ; GAMALIER*
RODRIGUEZ MERCADO,et al*,
Defendants. *
*~** +e * + 4% H+ ©
OPINION ORD
Plaintiff, a Delaware corporation, brings suit
under 42 U.S.C. §§ 1983 and 1985, for violation
of its due process and property rights under the
fourteenth amendment to the United States
Constitution. The complaint alleges jurisdiction
under 28 U.S.C. § 1343. Plaintiff also asserts
jurisdiction under 28 U.S.C. § 1331; however, we
find the complaint insufficiently developed to
determine whether such’ federal question
jurisdiction exists. Gully v. First National
Bank, 299 U.S. 109 (1936). Before the court are
A-13
several motion to dismiss by codefendants Rural
Housing Administration, Docket Document No. 14;
Puerto Rico Aqueduct and Sewer Authority, Docket
Document No. 15; Gamalier Rodriguez Mercado,
Docket Document No. 19, and Maria Margarita
Irizarry, Docket Document No. 16.
We dismiss the complaint for failure to state a
cause of action upon which relief can be
granted.
Facts
Plaintiff alleges that the defendant agencies,
the Electric Power Authority, the Aqueduct and
Sewer Authority, and the Rural Housing
Administration, acted in violation of their
rules and regulations by conspiring with other
unnamed defendants to deprive plaintiff of its
property rights. The precise wrongful act cannot
be discerned from the complaint. However, we
Surmise that such conduct may have been the
A-14
supplying of power and water service to
squatters in HPY, Inc., land. Plaintiff
submitted with the complaint a Writ for the
Execution of Judgment, issued by the Superior
Court in Ponce, on March 26, 1992. Although a
writ for execution of judgment is an unusual
document to prove title to land, the writ
establishes the plaintiff’s title to the land
and gives it the right to eject the present
illegal occupants. However, we are unable to
establish the connection of the unnamed
defendants to the defendant agencies. Since we
are as likely to squeeze blood from a stone as
we are to squeeze any more facts from the
complaint, we dismiss this action.
Fed. R. Vv - 8
The complaint fails to satisfy the pleading
requirement of Fed. R. Civ. P. 8 on the most
basic level. As aptly characterized by the
First Circuit, "(ijn the menagerie of the Civil}
A-15
Rules, the tiger patrolling the courthouse gates
is rather tame, but ‘not entirely
toothless.’" Correa-Martinez v. Arrillaga-
Beléndez, 903 F.2d 49, 52 (ist Cir. 1990)
(citing Dartmouth Review v. Dartmouth College,
889 F.2d 13, 16 (1st Cir. 1989). While under
Fed. R. Civ. p., 12(b) (6) we must give
plaintiff’s complaint a highly deferential
reading, construing all facts in its favor,
international Paper Company v. Jay, 928 F.2d
480, 482 (1st Cir. 1991); Gonz4lez-Bernal v.
U.S., 907 F.2d 246, 248 (ist Cir. 1990), this
"rule does not entitle a plaintiff to rest on
‘subjective characterizations’ or conclusory
description of ‘a general scenario which could
be dominated by unpleaded facts.’" Correa-
Martinez v. Arrillaga-Beléndez, 903 F.2d at 53
(citing Dewey v. Univ. of New Hampshire, 694
F.2d 1, 3 (1st Cir. 1982), cert. denied, 461
U.S. 944 (1983). The Pleading must give the
court a fair idea of plaintiff’s complaint so
that it may see if there is some legal basis for
A-16
recovery. Moore’s Federal Practice § 8.13 at 8-
73 (1992). Fed. R. Civ. P. 8(f) requires that
"(aj)ll pleadings shall be so construed as to do
substantial justice." That means substantial
justice for both parties. A claim such as this
one, which is so lacking in substance, does an
injustice to the defendants.
In this complaint, we have no indication of what
actually occurred. Plaintiff incorporates a
judgment from the Superior Court in Ponce into
the complaint. However, this judgment informs
us of little other than that plaintiff is part
owner of the named properties and that there are
individuals illegally occupying the property.
The complaint’s only substantive allegation is
that the squatters ejected by the state court
judgment were “encouraged and abetted" by the
defendant agencies in building shacks’ and
houses. There are no facts to support this
allegation. And the allegation itself is not
even a fact, but rather a conclusion which needs
A-17
facts to make any sense out of it.
Plaintiff is bringing suit under sections 1983
and 1985. The First Circuit has stated that,
where plaintiff is alleging the violation of the
civil rights statutes, "we insist that the claim
at least set forth minimal facts, not subjective
characterizations, as to who did what to whom
and why." wey v iv j ew
ld
694 F.2d 1, 3 (ist Cir.}, cert. denied, 461 U.S.
944 (1982); Gilbert V. Cambridge, 932 F.2q 51,62
(1st Cir.), cert. denied, 112 s. ct. 192 (1991)
("We have been particularly insistent in section
1983 cases to require a fair degree of
Specificity -- a foundation of material facts --
to survive a motion to dismiss.").
The First Circuit also requires that in
complaints under the civil rights statutes that
allege conspiracy, such as Plaintiff alleges
under’ section 1985, "some factual basis
Supporting the existence of a conspiracy must be
A-18
pled when a conspiracy is alleged in a civil
rights case." Glaros v. Perse, 628 F.2d 679 (1st
Cir. 1980); Francis-Sobel_ v. University of
Maine, 597 F.2d 15, 17 (1st Cir.), cert. denied,
444 U.S. 949 (1979); Slotnick v. Staviskey, 560
F.2d 31, 33 (lst Cir. 1977), cert. denied, 434
U.S. 1077 (1978). This complaint does not set
forth any facts, let alone minimal facts. The
plaintiff has not established any connection
between the defendant agencies and a violation
of plaintiff’s civil rights. No action under 42
U.S.C. §§ 1983 and 1985 can be sustained on the
basis of such an empty complaint.
Conclusion
We grant defendants’ motions to dismiss.
Judgment shall _ be entered dismissing the
complaint.
A-19
IT I8 8O ORDERED.
Concord, New Hampshire, this 7th day of
October, 1992.
JOSE ANTONIO FUSTE
U. S. District Judge
A-20
IN THE UNITES STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
-
HPY, INC. *CIVIL NO.:
PLAINTIFF *
*CIVIL RIGHTS ACTION
vs. *INJUNCTIVE RELIEF
*DAMAGES AND PUNITIVE
ELECTRIC POWER AUTHORITY*DAMAGES SOUGHT
JOSE A. DEL VALLE; *
AQUEDUCT AND SEWER *
AUTHORITY, ING. MARIA *PLAINTIFF DEMAND
MARGARITA IRIZARRY; *
RURAL HOUSING *TRIAL BY JURY
ADMINISTRATION; GAMALIER*
RODRIGUEZ MERCADO; *
JOHN DOE 1 Through 1,000*
DEFENDANTS *
kkk KKK KKKKKKKKKKKKKKKKKK
COMPLAINT
TO THE HONORABLE COURT:
COMES NOW, Plaintiff, through its
undersigned attorneys and before this Honorable
Court respectfully state, allege and pray:
I. JURISDICTION OF THIS COURT
Ee This is an action under 42 USCA sections
1983-1985 (Federal Civil Rights Act) seeking
A-21
injunctive relief against the unreasonable,
oppressive, abusive and discriminatory use of
powers allegedly conferred by state law to the
above named Defendants. The jurisdiction of
this Court is invoked under said 42 USCA
Sections 1983-1985 on the grounds that the
actions and conduct of the above named
Defendants under color of state law have
deprived Plaintiff of its Constitutional
Property Rights without the substantive and
procedural due process of law guaranteed to
Plaintiff by the Constitution of the United
States of America. Jurisdiction of this Court
is also invoked under 28 USCA sections 1331 and
1343, since this action arises under the Fifth
and Fourteenth Amendments of the Constitution of
the United States of America, and wherein the
matter in controversy exceeds the sum of fifty
thousand dollars ($50,000.00) exclusive of
interest and cost.
A-22
2. Relief is also sought in the form of
damages as against the aforesaid Defendants
under the aforesaid 42 USCA Sections 1983-1985
and the Fifth and Fourteenth Amendments of the
Constitution of the United States of America and
denial of substantive and procedural due
process.
II. PARTIES TO THE ACTION
3. Plaintiff is a citizen of the United States
of America and is incorporated in the State of
Delaware.
4. Defendant ELECTRIC POWER AUTHORITY is a
public corporation having a judicial personality
separate and apart from that of the Commonwealth
of Puerto Rico, is made a party to this
complaint because in the capacity stated
hereinabove, acting under color of state law
engaged in unlawful, illegal, discriminatory and
abusive acts, which have deprived Plaintiff of
its property without substantive and procedural
A-23
due process of law, by ignoring its own rules
and regulations and the law that created it, all
of which acts and actions are contrary to the
Constitution of the United States of America.
(4a) Defendant José A. Del valle is the
Executive Director of the Electric Power
Authority who under color of State Law violated
Plaintiff’s Civil Rights and continuously denied
plaintiff of substantive and procedural due
process as guaranteed by the U.S. Constitution.
S. Defendant AQUEDUCT AND SEWER AUTHORITY is
a public corporation having a judicial
personality separate and apart from that of the
Commonwealth of Puerto Rico, is made a party to
this complaint because in the Capacity stated
hereinabove, acting under color of state law
engaged in unlawful, illegal, discriminatory and
abusive acts, which have deprived Plaintiff of
their property without substantive and
procedural due process of law, by ignoring its
A-24
own rules -and regulations and the law that
created it, all of which acts and actions are
contrary to the Constitution of the United
States of America.
(Sa) Defendant ING. MARIA MARGARITA IRIZARRY is
the Executive Director of the AQUEDUCT AND SEWER
AUTHORITY who under color of State Law violated
Plaintiff’s Civil Rights and continuously denied
plaintiff of substantive and procedural due
process as guaranteed by the U.S. Constitution.
6. Defendant RURAL HOUSING ADMINISTRATION is
a public entity having a judicial personality
separate and apart from that of the Commonwealth
of Puerto Rico, is made a party to this
complaint because in the capacity stated
hereinabove, acting under color of state law
engaged in unlawful, illegal, discriminatory and
abusive acts, which have deprived Plaintiff of
their property without substantive and
procedural due process of law, by ignoring its
A-25
own rules and regulations and the law that
created it, all of which acts and actions are
contrary to the Constitution of the United
States of America.
(6a) Defendant GAMALIER RODRIGUEZ MERCADO is
the Executive Director of the RURAL HOUSING
ADMINISTRATION who under color of State Law
violated Plaintiff’s Civil Rights and
continuously denied plaintiff of substantive and
procedural due process as guaranteed by the U.S.
Constitution.
(6b) Defendants John Doe 1 through 1,000 are
those persons as yet unknown, who violated
Plaintiff’s Civil Rights and together with the
other defendants mentioned before deprived
plaintiff of their property rights and property
in violation of their substantive and procedural
rights guaranteed by the U.S. Constitution under
the Fifth and Fourteenth Amendment.
A-26
III. CAUSE OF ACTION
7. Plaintiff is the owner of a series of
parcel of lands (hereinafter referred to as the
"Properties"), of which in the Registry of the
Property of Puerto Rico are described in the
Spanish language as follows:
----- (A) -----ROSTICA: Parcela de
terreno que radica en el Barrio Canas
del término municipal de Ponce,
Puerto Rico, con un 4rea superficial
de VEINTISEIS PUNTO SEIS MIL
SETECIENTOS VEINTE CUERDAS,
equivalentes a CIENTO CUATRO MIL
OCHOCIENTOS CUARENTA PUNTO TRES MIL
OCHOCIENTOS OCHENTA Y TRES METROS
CUADRADOS (104,840.3883. Colinda por
el Norte con parte de la finca
principal en dos direcciones de la
cual se segreg6 las noventa cuerdas
de las que la presente es un resto,
propiedad de la Sindicatura de la
Sociedad Mario Mercado e Hijos, en
una distancia la primera direcci6én de
novecientos cincuenta y seis punto
quince metros, y la segunda direccién
en una distancia de doscientos
setenta y tres punto cuatrocientos
noventa y seis metros; por el Sur y
en una sola direcci6én y distancia de
mil ciento ochenta y ocho punto
seiscientos setenta metros con la
parcela descrita con la Letra "E" en
el plano levantado por el Ingeniero
Rafael Dosal Lines; por el Este, en
A-27
una sola direcci6n y distancia de
tres “punto quinientos setenta y
cuatro metros, con la Urbanizacié6én
Punto Oro; por el Oeste, en una sola
direcci6én y distancia de Cciento dos
punto ochenta y cinco metros con
terrenos de finca principal conocida
por Hacienda Matilde, propiedad de la
Sindicatura de la Sociedad Mario
Mercado e Hijos y de la cual se
segreg6 la parcela de cincuenta
cuerdas de la cual éste es resto.
Esta parcela est4 marcada "A" en el
plano de segregaci6én levantado por el
Ingeniero Rafael Dosal Lines. --------
----- La parcela aqui descrita es e]
resto de la de este ndGmero luego de
deducirse de su cabida de noventa
cuerdas las parcelas segregadas y que
indican las notas al margen de la
anterior inscripci6n primera.
----- Finca: antes nGmero 35,564 de
Ponce I, hoy la nG@mero 5868 de Ponce
II, aparece descrita al folio 165
vuelto del tomo: antes 1263 de Ponce
I, hoy 521 de Ponce II. ("PROPIEDAD
HPY -A").
----- (B)-----ROSTICA: Parcela de
terreno que radica en el Barrio Canas
del término municipal de Ponce,
Puerto Rico, con una cabida de ONCE
PUNTO SEIS MIL SEISCIENTOS SESENTA yY
SEIS CUERDAS iguales a CUARENTA Y
CINCO MIL OCHOCIENTOS CINCUENTA yY
CUATRO PUNTO CUATRO MIL CUARENTA Y
SEIS METROS CUADRADOS (45,854,4046),
en lindes por el Norte, con una
parcela identificada con la letra (A)
en el plano de segregacié6n levantado
por el Ingeniero Rafael Dosal Lines,
Oo sea, con mas terrenos de la parcela
A-28
de noventa cuerdas, de cuyo resto, se
segrega esta parcela, siendo dicha
colindancia una sola alineaci6én de
mil ciento cincuenta y cinco punto
trescientos -cincuenta (1,155.350)
metros; por el Sur, en una =~sola
alineaci6én de mil ciento treinta y
nueve punto trescientos ochenta y
siete metros, colinda con terrenos
segregados de la parcela de noventa
cuerdas identificada como Parcela "B"
en el plano levantado por. el
Ingeniero Rafael Dosal Lines antes
referido; por el Este, en una sola
alineaci6én de cuarenta punto quince
metros colinda con la Urbanizacié6n
Punto Oro; y por el Oeste en una sola
alineaci6én de cuarenta y uno punto
quinientos cuatro metros, colinda con
mas terrenos de la finca principal
conocida por Hacienda Matilde,
propiedad de la Sociedad Mario
Mercado e Hijos.
----- Finca: antes 43,077 de Ponce I,
hoy la nGmero 5869 de Ponce II,
aparece descrita al folio 111 del
tomo: antes 1440 de Ponce I, hoy el
598 de Ponce II. ("PROPIEDAD HPY-
B").
----- (C) -----ROUSTICA: Predio de
terreno que radica en el Barrio Canas
del término municipal de Ponce,
Puerto Rico, con una cabida
superficial de CIENTO ONCE MIL
TRESCIENTOS CUARENTA Y SIETE METROS
CUADRADOS CON CINCUENTA Y CINCO
CENTIMETROS DE OTRO (111,347.58)
equivalentes a VEINTE Y OCHO CUERDAS
CON TRES MIL TRESCIENTOS TREINTA Y
TRES MILESIMAS DE OTRA (28,3333)
colindando por el Norte, con las
restantes sesenta y uno punto seis
A-29
mil seiscientos sesenta y siete
cuerdas de las noventa cuerdas
originales, en una distancia de mil
ciento treinta y nueve punto
quinientos ochenta y siete metros
(1,139,587) y un rumbo de setenta y
ocho grados cuarenta y seis minutos y
cincuenta y cuatro segundos Norte al
Este. Por el Sur, con terrenos de la
Urbanizaci6n Punto Oro en una
distancia de mil noventa y cinco
punto seiscientos y diez y ocho
metros (1,095.618) a un rumbo de
setenta y ocho grados cincuenta y
Siete minutos con cincuenta y tres
segundos Sur al Oeste. Por el Este,
con terrenos de la Urbanizaci6n Punto
Oro, en una distancia de sesenta y
cinco punto novecientos treinta y
ocho metros (65.938) con un rumbo de
cuatro grado, dos minutos y tres
segundos Sur al Este, y una distancia
de treinta y siete punto cero setenta
y dos metros (37.072), con un rumbo
de tres grados, cuarenta y un minutos
y cuarenta y siete segundos Sur a
Oeste. Por el Oeste, con terrenos de
la finca principal conocida por
Hacienda Matilde, propiedad de la
Sociedad Mario Mercado e Hijos de
donde se segreg6 la parcela de
noventa cuerdas de la cual la parcela
que aqui se describe es segregacién
en una distancia de ciento uno punto
ciento ochenta y cinco’ metros
(101.185) con un rumbo de viente y
seis grados, tres minutos y siete
segundos Norte al Oeste.
----- Finca: antes nimero 39,436 de
Ponce I, hoy la nGmero 5867 de Ponce
II, aparece descrita al folio 115 del
tomo: antes 1374 de Ponce I, hoy el
578 de Ponce II. ("PROPIEDAD HPY -
----- (D) -----ROSTICA: Parcela de
terreno que radica en el Barrio Canas
del término municipal de Ponce,
Puerto Rico, con un 4rea superficial
de cuarenta y cinco mil ochocientos
cuarenta y nueve punto tres mil
quinientos treinta y nueve metros
cuadrados (45,849.3539) m/c,
equivalentes a once punto seiscientos
sesenta y seis (11.666) cuerdas.
Colinda por el Norte, en una sola
direcci6n y una distancia de mil
ciento setenta punto novecientos
diecisiete metros con la parcela
marcada "A" en el plano de
segregacién levantado por el
Ingeniero Rafael Dosal Lines; por el
Sur, en una sola _ direcci6én y
distancia de mil ciento cincuenta y
cinco punto trescientos cincuenta
metros con la parcela marcada "C" en
el antes referido plano que fuera
segregada de la finca de noventa
cuerdas de cuyo resto se segrega esta
parcela; por el Este, en una sola
direcci6én con terrenos de la
Urbanizaci6n Punto Oro en-= una
distancia de treinta y nueve punto
cuatrocientos ochenta y cuatro
metros; y por el Oeste, en una sola
direcci6én y una distancia de cuarenta
y uno punto cero sesenta y cinco
metros, con terrenos de la Hacienda
Matilde, propiedad de la Sociedad
Mario Mercado e Hijos de la cual se
segregaron las noventa cuerdas de
cuyo resto se segrega esta parcela.
----- Finca: antes nGQmero 44,915 de
Ponce I, hoy la nGmero 5870 de Ponce
II, aparece descrita al folio 282 del
tomo: antes 1488 de Ponce I, hoy el
A-31
625 de Ponce II. ("PROPIEDAD HPY -
D").
----- (E) -----ROSTIC? Parcela de
terreno radicada en - Barrio Canas
del término municipal de Ponce,
Puerto Rico, con una cabida
superficial de ONCE PUNTO SEISCIENTOS
- SESENTA Y_ SEIS (11.666) CUERDAS,
equivalentes a CUARENTA Y CINCO MIL
OCHOCIENTOS CUARENTA Y NUEVE PUNTO
TRES MIL QUINIENTOS TREINTA Y NUEVE
METROS. Colinda por el Norte, en una
sola direcci6n y distancia de mil
ciento ochenta y ocho punto
seiscientos setenta metros, con la
parcela marcada "A" del plano de
segregaci6én levantado por el
Ingeniero Rafael Dosal Lines; por el
Sur, en una sola _ direcci6n y
distancia de mil ciento setenta punto
novecientos diecisiete metros con la
parcela marcada "D" en el plano de
segregaci6n referido Y que fuera
segregada de la finca de novena
cuerdas de cuyo resto se segrega la
parcela aqui descrita; por el Este,
en una sola direcci6én con terrenos de
la Urbanizaci6n Punto oro en una
distancia de treinta y ocho punto
novecientos noventa y tres metros; y
por el Oeste, en una sola direccién y
distancia de cuarenta punto
doscientos cuarenta y tres metros con
terrenos de la Hacienda Matilde
propiedad de la Sindicatura de la
Sociedad de Mario Mercado e Hijos de
la cual se segregaron las noventa
cuerdas de cuyo resto se segrega esta
parcela.
----- Finca: antes nGmero 44,916 de
Ponce I, hoy la nGmero 9463 de Ponce
II aparece descrita al folio 290 del
A-32
tomo: antes 1488 de Ponce I, hoy 625
de Ponce II. ("PROPIEDAD HPY - E").
8. On or about 1985, squatters, without valid
title or authorization from the Plaintiff
started massive land invasions on_ said
properties. The squatters, also Defendants of
this suit, encouraged and abetted by the other
Defendants, proceeded to construct or build
shacks and houses on Plaintiff’s properties.
9. On or about June 1987, it was decided by
the Superior Court in Ponce on Civil Case CS-86-
2817 that any further construction or additions
on the properties would constitute an act of bad
faith on the part of the illegal squatters.
10. On or about May 1990, the Superior Court of
Ponce handed down a Resolution based on evidence
presented on CS-86-2817 and on the consolidated
case No. CS-85-1459 where it concluded that the
invasors had not acted in good faith when they
illegally entered and took possession of
Plaintiff’s properties. (See Exhibit I).
A-33
11. Notwithstanding the Resolution handed down
by the Superior Court of Ponce, all the
Defendants have continued to unlawfully,
illegally and abusively deprive Plaintiff of its
property and property rights without due process
of law and without due compensation thus
violating rights guaranteed to Plaintiff by the
Constitution of the United States of America,
particularly the Fifth and Fourteenth
Amendments.
l2. The unlawful acts under taken by the.
Jefendants, as so determined by the Superior
-Ourt in Ponce by the judgment rendered on June
1, 1991, have caused are Causing and will
‘ontinue to cause irreparable damages and
njuries to Plaintiff in that Defendants
romoted invasion of Plaintiff’s properties
ithout any compensation and has not only
mpaired Plaintiff’s Constitutional Rights to
he Free Exercise of its property right, but
lso has completely transformed the nature of
A-34
Plaintiff’s properties, thus diminishing its
value.
13. Plaintiff is without adequate’ state
remedies at law and in equity to redress the
irreparable injuries described in the preceding
paragraphs.
14. The actions of Defendants described herein
of intentionally promoting and abetting in
depriving Plaintiff of its
property rights have been performed under color
of Commonwealth Statutes and contrary to the
resolution emitted by the Superior Court of
Ponce. Such actions taken thereunder and herein
complained of are illegal, unlawful, oppressive
and abusive as they constitute a violation of
the Constitution of the United States of America
and the Federal Civil Rights Act.
15. Unless the mandatory injunction previously
issued by the Superior Court of Ponce against
A-35
Defendants, ordering them to immediately and
forthwith restore the properties to its original
state and condition and return the same to
Plaintiff is complied with the, Plaintiff will
continue to be subject of abusive, illegal,
inlawful and oppressive violations of their
ronstitutional Rights by Defendants.
16. Plaintiff, by reasons of the facts set
‘Orth in the preceding paragraphs have suffered
lamages in excess of 30 million ($30,000,000.00)
liOollars.
VII. PUNITIVE DAMAGES
7. Plaintiff requests that the Defendants
ndividually be assessed punitive damages as
ermitted in Sec. 1983-85 actions; Smith v. Wade
91 U.S. 30 (1980), as in this case there has
-en a reckless and callous disregard for
laintiff’s rights and to deter
milar conduct in the future. Gutiérrez-
A-36
Rodriguez v. Cartagena 882 F2d 553 (1 st. Cir.
1989). An award of no less than Forty Million
Dollars ($40,000,000.00) is not unreasonable in
this case.
WHEREFORE, Plaintiff respectfully pray that
this Honorable Court grant the _ following
remedies:
i. That it find that Defendants individually
or collectively violated Plaintiff’s Civil
Rights as established under the Civil Rights Act
as well as the Constitution of the United
States..
y That it restrain and permanently enjoin
Defendants from continuing their abusive,
discriminatory, illegal acts described above.
3. That the Defendants be adjudged and decreed
jointly and severally liable to Plaintiff for
the amount of no less that Forty Millions
A-37
($40,000,000.00) Dollars for damages caused to
Plaintiff plus $20,000,000.00 for punitive
damages.
4. Such other and further relief as the Court
may deem just and equitable, including costs,
expenses, interest and attorney’s fees.
In San Juan, Puerto Rico, this day
of April, 1992.
MERCADO & SOTO
P.O. BOX 4839
OLD SAN JUAN, P.R. 00902
Tel. (809) 723-5434
JUAN B. SOTO BALBAS
USDC-PR~-130305
A-38
CERTIFIED TRANSLATION
IN THE SUPERIOR COURT OF PUERTO RICO
SAN JUAN DIVISION
H.P.¥., INC., * CIVIL NO.: 87-6584
Plaintiff, * IN RE:
vs. *
COMMONWEALTH OF *
PUERTO RICO *
Defendants *
KRaKKKKKKKKKKKKKKKKKRKKE
COMPLAINT
BEFORE THIS HONORABLE COURT:
COMES NOW H.P.Y., INC., represented by its
attorneys who sign below and very respectfully
state, allege and pray:
That the plaintiff is the owner of the
following land located in Ponce, Puerto Rico.
RURAL: A parcel of land located in Canas
A-39
Ward in the municipal district of Ponce,
Puerto Rico with a surface area of twenty-
Six point six thousand seven hundred
twenty cuerdas, equivalent to one hundred
four thousand eight hundred forty point
three thousand eight hundred eighty-three
(104,840.3883) Square meters, bounded on
the North by the main property, from which
the ninety cuerdas were subdivided in two
directions, one for nine hundred fifty-six
point zero fifteen (956.015) meters, ana
the other for two hundred seventy-three
point four hundred ninety-six (273.496)
meters; on the South by Parcel E, for one
thousand one hundred eighty-eight point
six hundred seventy (1,188.670) meters, on
the East for three point five hundred
seventy-four (3.574) meters, by the Punto
Oro Development, and on the West for one
hundred two point zero eighty-five
(102.085) meters by land belonging to the
Property of the Hacienda Matilde, from
A-40
which it was subdivided. This parcel is
marked with the letter A on the subdivi-
sion. map made by the engineer, Rafael
Dosal.
RURAL: Piece of Land that is located in
the Canas Ward in the municipal district
of Ponce, Puerto Rico, with a surface area
of Ninety (90) cuerdas, equivalent to
thirty-five hectares, thirty-seven ares
and thirty-six centares, which is bounded
on the North by land from the main parcel
from which it is subdivided, on the South,
by the Punta Oro Development, that is,
land that was subdivided from the main
parcel; on the East by land from the main
parcel from which it is subdivided and on
the West by the Punto de Oro Development
and partially by land from the Ferré
Development.
RURAL: Piece of land located in Canas
A-41
Ward in the municipal district of Ponce,
Puerto Rico, with a surface area of one
hundred eleven thousand three hundred
forty-seven square meters and fifty-five
centimeters (111,347.55) equivalent to
twenty-eight and three thousand three
hundred thirty-three ten-thousandths
cuerdas (28,3333) bounded on the North by
the remaining sixty-one point six thousand
six hundred sixty-seven (61.6667) cuerdas
of the original Ninety Cuerdas, for a
distance of one thousand one hundred
thirty-seven meters (1,139.587) (sic) and
in a direction of seventy-eight degrees,
forty-six minutes and fifty-four seconds
North by East. On the South, by land
belonging to the Punto de Oro Development
for a distance of one thousand ninety-five
point six hundred and eighteen meters
(1,095.618) in a direction of seventy-
eight degrees, fifty-seven minutes and
fifty-three seconds South by West. On the
A-42
East, by land belonging to the Punto Oro
Development, for a distance of sixty-five
point nine hundred thirty-eight (65.938)
meters in a direction of four degrees, two
minutes and three seconds South by East,
and a distance of thirty-seven point zero
seventy-two (37.072) meters, in a
direction of three degrees, forty-one
minutes and forty-seven seconds South by
West. On the West. On the West, by land
belonging to the Mario Mercado and Sons
Partnership, from which the Ninety Cuerda
parcel was subdivided from which the
parcel described herein is subdivided, in
a distance of one hundred one point one
hundred eighty-five (101.185) meters in a
direction of twenty-six degrees, thirteen
minutes and seven seconds North by West.
PARCEL: of land located in Canas Ward in
the municipal district of Ponce, Puerto
Rico with an area of eleven point six
A-43
thousand six hundred sixty-six (11,666)
(sic) cuerdas equivalent to forty-five
thousand eight hundred fifty-four point
four thousand forty-six (45,854.4046)
Square meters, bounded on the North by a
parcel identified by the letter "A" on the
subdivision map made by the engineer,
Rafael Dosal Lines, in other words, with
more land from the ninety cuerda parcel
from which this parcel is Subdivided, said
boundary being a Single alignment of one
thousand one hundred fifty-five point
three hundred fifty (1,155.350) meters; on
the South by one single alignment of one
thousand one hundred thirty-nine point
five hundred eighty-seven meters
(1139.587); bounded by land subdivided
from the Ninety Cuerda parcel identified
as Parcel "B" in the above-mentioned map
made by the engineer, Rafael Dosal Lines;
on the East, in one Single alignment of
forty point fifteen (40.15) meters bounded
A-44
by the Punto Oro Development, and on the
West by one single alignment of forty-one
point five hundred four (41.504) meters,
bounded by more land from the main parcel
known as Hacienda Matilde, property
belonging to the Mario Mercado and Sons
Partnership.
PARCEL: of land located in Canas Ward in
the municipal district of Ponce, Puerto
Rico with a surface area of forty-five
thousand eight hundred forty-nine point
three thousand five hundred thirty-nine
(45,849.3539) square meters, equivalent to
eleven point six hundred sixty-six
(11.666) cuerdas. Bounded on the North,
in one single direction and for a distance
of one thousand one hundred seventy point
nine hundred seventeen (1,170,917) (sic)
meters by the parcel marked "A" on the map
made by the engineer, Rafael Dosal Lines
and which is described below; on the
South, in a single direction and for a
2.
A-45
distance of one thousand one hundred
fifty-five point three hundred fifty
(1,155.350) meters by the parcel marked
"Cc" on the above-mentioned map that was
‘subdivided from the Ninety Cuerda parcel
from which remainder this parcel is
subdivided; on the East, in a single
direction by land belonging to the Punto
Oro Development for a distance of thirty-
nine point four hundred- eighty-four
(39.484) meters; and on the West in a
Single direction and for a distance of
forty-one point zero sixty-five (41.065)
meters, by property from the Hacienda
Matilde, belonging to the Mario Mercado
and Sons Partnership from which the Ninety
-Cuerdas were subdivided from which
remainder this parcel is subdivided.
That several unknown persons have
encroached upon said land.
A-46
3. That the plaintiff has tried to file
criminal charges against said encroachers in
accordance with 33 LPRA 4283.
4. That the Honorable Secretary of Justice
ordered the Police and the Prosecutors not to
prosecute said complaints depriving the
plaintiff of his legal remedy to evict said
persons.
5. That the actions by the Government of the
Commonwealth of Puerto Rico has turned said land
into a public housing project without any
compensation whatsoever for the plaintiff.
6. It has been requested that the Honorable
Court declare said land public property and
order the Government of the Commonwealth of
Puerto Rico to pay an adequate compensation for
said land.
A-47
WHEREFORE, it is very respectfully
requested that the Honorable Court pronounce
judgment declaring that said land has been
converted to public property, belonging to the
Commonwealth of Puerto Rico, and requiring the
Government of the Commonwealth of Puerto Rico to
pay its fair value to the plaintiff.
In San Juan, Puerto Rico, on November 20, 1987.
WOODS, ROSENBAUM, LUCKEROTH
& PEREZ GONZALEZ
Box 1292
Hato Rey, Puerto Rico 00919
Telephone: 759-8181
BY: Sgd. (illegible)
Ronald L. Rosenbaum
Translator’s note: (1) A rubber stamp for the
General Justice Court of the Commonwealth of
Puerto Rico, Superior Court, Ponce Division,
appears on each page; (2) Internal Revenue
Stamps; (3) Time Stamped San Juan Judicial
Center, November 20, 1987, 2:16 p.m.
A-48
Commonwealth of Puerto Rico
GENERAL JUSTICE COURT
SUPERIOR COURT
PONCE DIVISION
Courtroom F
H.P.¥., INC., * CIVIL NO.: N CS87~-2621
Plaintiff, * IN RE:
vs. * INVERSE CONDEMNATION
COMMONWEALTH *
OF PUERTO RICO *
Defendant *
KkkkKkKkKKKKKKKKKAKKKKEK
“BRisnwUTtreSs-
After the case had been called for the pretrial
conference, appearances were made by Atty.
Ronald L. Rosenbaum, in representation of the
plaintiff, and by Atty. Angel L. Flores
Fernandez, representing the defendant.
A-49
The plaintiff requests a term of ninety days to
verify whether his party’s property was included
in a condemnation case.
The Court accedes to what has been requested and
grants the plaintiff a term of Sixty days to
report as to whether or not it is going to
continue with the proceedings in this case in
view of the information that it has submitted
concerning a case that has been filed in the
Condemnation Court in which the property that is
the subject of this complaint is possibly
included.
The report is left to the attorneys for the
parties and shall be subsequently submitted if
necessary after investigating the pending
matter.
A-50
It is ordered that the attorneys for the parties
shall be notified through a copy of the minutes.
n/c Atty. Ronald L. Rosenbaum
Atty. Angel L. Flores Fernandez
12/7/88
Minutes Book No. NAME OF BAILIFF: JOSE VEGA
Name of Judge: HON. LEIDA GONZALEZ DEGRO
I CERTIFY: PAULITA COLON RIVERA
(Clerk)
Name of Reporter: BY: MARIA M. GUZMAN
(IN CHAMBERS) (Chief Deputy Clerk)
(Sgd. )
DATE: DECEMBER 7, 1988
CIVIL MINUTES
(SUPERIOR AND DISTRICT COURT)
OAT 838 (REV. JULY 1975)
A-51
CERT ED _ TRANS ON
IN THE SUPERIOR COURT OF PUERTO RICO
PONCE DIVISION
a
H.P.¥., INC., * CIVIL NO.: CS-87-2621 (F)
Plaintiff, * IN RE:
vs. * INVERSE CONDEMNATION
+
COMMONWEALTH OF
PUERTO RICO *
Defendant *
kakkkkkkkkkkkkkkkkk
MOTION FOR DISMISSAL WITHOUT PREJUDICE
BEFORE THIS HONORABLE COURT:
COMES NOW the plaintiff through its
attorneys who sign below and very respectfully
state and pray:
Zz. That our surveyors have verified that the
encumbered area affected that is the subject of
A-52
the present litigation is within the condemned
property for which we request the dismissal of
the present case without prejudice.
WHEREFORE, it is very respectfully
requested that this Honorable Court dismiss the
present action without prejudice.
San Juan, Puerto Rico, June 6, 1989.
I CERTIFY: Having sent a true and exact copy of
the present Motion to Atty. Angel L. Flores
Fernandez, Department of Justice, Miramar,
Puerto Rico.
WOODS, ROSENBAUM, LUCKEROT!
& PEREZ GONZALEZ
PO BOX 1292
HATO REY, PUERTO RICO 0091
TEL: 759-8181
(Sqd./illegible)
Ronald L. Rosenbaum
CER TRANS 0)
IN THE SUPERIOR COURT OF PUERTO RICO
PONCE DIVISION
*
BePote, ENC, * CIVIL NO.: CS-87-2621
Plaintiff, * IN RE:
vs. * INVERSE CONDEMNATION
*
COMMONWEALTH *
OF PUERTO RICO *
Defendant *
kkkkkkhkkkkkkkkkkkkknk
JUDGMENT
Having considered the motion for dismissal filed
by the plaintiff and having analyzed the present
case file the court GRANTS the dismissal and, in
consequence, issues a judgment ordering the
dismissal of this case with prejudice.
ENTER AND NOTIFY.
A-54
Issued in Ponce, P.R., on April 20, 1990.
(SGD.) LEIDA GONZALEZ DEGRO
SUPERIOR COURT JUDGE
CERTIFICATION
I certify that the present is a true and exact
copy of the original which is in the case file
and I issue it at the request of: Atty.
Francisco J. Amundaray
/X/ Upon payment of fees // Free of
charge
Clerk (Sgd./illegible)
4/21/93 Deputy Clerk
(Sgd./illegible)
Translator’s note: (1) A rubber stamp appears
for the General Justice Court of the
Commonwealth of Puerto Rico, Superior Court,
Ponce Division; (2) Internal Revenue Stamps.
aA~-5S
CERTIFIED TRANSLATION
IN THE SUPERIOR COURT OF PUERTO RICO
SAN JUAN DIVISION
+
COMMONWEALTH OF *
PUERTO RICO * CIVIL NO. 88-0418 (1007)
Plaintiff* RE: EXPROPRIATION BY
vs. * RIGHT OF EMINENT
* DOMAIN
EUFEMIA EILEEN *
MERCADO PARRA, *
ETC. *
Defendants *
HPY CORPORATION *
Intervener x
kkk kkkkkkkkkkkkkekkk
THIRD MOTION ON INTERVENTION
BEFORE THE HONORABLE COURT:
Comes, now, the intervening party, HPY
A-56
Corporation ("HPY") through its attorneys who
Sign below and very respectfully states, alleges
and prays:
3. That in the Ponce case, Civil Number csg5-
1459, the question of title to the expropriated
property between Estate of Mario Mercado and the
Intervener was not raised.
2. Attached as Exhibit A is the report of the
architect, Carlos Bux6, regarding the title of
HPY to 75 "cuerdas" (acres) which belong to HPY,
Inc.
ai It has been verified that the error of the
Government in the above-captioned case is that
the Government’s surveyor used a mistaken legal
description and in the preparation of his
measurement never consulted with the Intervener.
WHEREFORE, it is very respectfully
requested that the Honorable Court allow the
A-57
requested intervention.
In San Juan, Puerto Rico, on March 30,
1990.
I CERTIFY: Having sent a true and exact copy of
the previous motion, on this same date, to the
Honorable Secretary of Justice, Land Cases
Division, Box 192, San Juan, Puerto Rico 00902,
and to Atty. A.J. Bennazar Zequeira, Banco
Popular de Puerto Rico Building, Office 1501,
Hato Rey, Puerto Rico 00918.
WOODS, ROSENBAUM, LUCKEROTH
& PEREZ GONZALEZ
Box 1292
Hato Rey, Puerto Rico 00919
Telephone: (809) 759-8181
BY: (Sgd.) Ronald L. Rosenbaum
A-58
CERTIFIED TRANSLATION
Commonwealth of Puerto Rico
GENERAL JUSTICE COURT
SUPERIOR COURT
SAN JUAN DIVISION
Room 1007
COMMONWEALTH OF Civil No. KEF-88-0418 (1007)
PUERTO RICO
Plaintiff
vs. IN RE:
EUFEMIA EILEEN CONDEMNATION UNDER
C/P EILEEN AND SOVEREIGN RIGHT OF
FOR ADRIANA EMINENT DOMAIN
LUISA MERCADO
Defendant
A-59
-~MINUTES-
The case was called for the Follow-up Hearing
set for today, at which the petitioner appeared
represented by attorney William Nunez Colon.
The Estate of Mario Mercado was represented by
Attorney Juan Jesus Ramirez Rivera, and the
intervening party appeared represented by
Attorney Ronald L. Rosenbaun. As to Attorney
Ramon Eugenio Melendez, the Court ordered that
he be removed from the record since he is not in
the case.
The hearing that was set for today is to clarify
the ownership of the property that adjoins the
condemned lot, specifically at points Dos oro
ind Sree Oro. A request to intervene arises
from HPY¥ Corporation represented by Attorney
Rosenbaum, in the sense that its concern was
essentially based on the description that
exhibit "A" gives of the condemned lot, since it
Was indicated that on the East side it had
A-60
boundaries with the Punto Oro Development.
In the conference room the parties had the
opportunity to look at some blueprints and some
explanations making it clear that the condemned
lot borders the HPY Corporation Development on
the East and not the Punto Oro Development.
Once this situation had been resolved, the Court
decided that the intervention was not in order,
Since the State has no interest in acquiring
properties from that Corporation, since it has
its property outside the limits of the condemned
area. As there were no problems, therefore, its
intervention is not justified because there is
no interest.
There was also another difficulty as to locating
a piece of property which has an area of
approximately 17, 19 cuerdas, which at this
moment is being encroached upon by a series of
individuals. The legal representation for the
A-61
Mercado Estate asks the State and requests if
this property is to be acquired.
The legal representation for the expropriating
agency stated that at the moment they do not
have plans to acquire it, therefore, that
property together with those structures and with
the matters that pertain to it will continue to
belong to the Mercado Estate.
It is for that reason that at this time it
should be clarified that a petition to transfer
some of the cases from the Ponce Court regarding
the Eviction of some families that are on that
property will not be included in the
expropriation calendar, since, what is in order
is that they continue in the Ponce Court.
That being the situation, it is therefore in
order for the boundary indicated in exhibit "A"
to be corrected in order to Clarify all of these
doubts. What is to be followed in this case is
A-62
the discussion of the assets, for which reason
an assertion is going to be made to speak about
the assets.
It has been anticipated that there are some
matters which should be resolved by the Court
before initiating the discussion of this aspect.
The attorney for the interested party will
provide the petitioner with information
regarding some damages due to the dissolving of
the partnership and other damages so that the
State appraisers can be in a position to analyze
this situation in order to discuss it.
It was also anticipated that we would have to
discuss the matter as to whether or not the
property would be considered an empty lot on the
one hand, and other positions that the property
had some structures whose removal would have to
be deducted from the value.
In order for both parties to be able to be
A-63
prepared, t ume is case wi
continued to March 21, 1991. at nine o’clock in
the morning, in hearing room (1007).
The Court made it clear that the attorney who
represents the Mercado Estate requested the
Court to order the payment of the consigned
funds. To that effect, the Court requested that
evidence of the payment of land taxes be
submitted, together with any other tax lien
there may be on the property in order to
consider said request.
Once the aforementioned is submitted, the Court
will order the payment accordingly. Even though
the parties were notified of the aforementioned
in open court, they will be sent a copy of these
minutes.
Notified with a copy of the minutes and mailed
to the attorneys of the parties today, November
28, 1990.
—
Attorney William Nunez Colon
Department of Justice
Division of Land Cases
Box 192
San Juan, Puerto Rico 00902
Attorney Ronald L. Rosenbaum
Box 1292
Hato Rey, Puerto Rico (illegible)
Attorney Juan Jesus (illegible)
Box 720
Mayaguez, Puerto Rico 00709
MUNUTES NO. Marshal: _MR. RUBEN ZAYAS
JUDGE: HON. ANGEL GONZALEZ ROMAN
I certify: PAULITA SANTIAGO
COURT REPORTER: CARMEN IRIS RIVAS
HEARING WAS RECORDED
By: (Sgd.}) ANGELINA ORTIZ SANTOS
Chief Deputy Clerk
Date: October 30, 1990
Civil Minutes (Superior and District Court)
O.A.T. 838 (rev. July 1975)
A-66
CERTIFIED TRANSLATION
IN THE SUPERIOR COURT OF PUERTO RICO
PONCE DIVISION
Hearing Room B
COMMONWEALTH OF
PUERTO RICO,
etc.
CIVIL NO. CS85=-2439 (5)
Plaintiffs
vs.
MARIO L. MERCADO
ESTATE, etc.
Defendants
Kkk kkk KK KKK KRKKKKKE
*
*
*
*
*
* IN RE: TEMPORARY INJUNCTION
*
*
*
“
ALFONSO A. *
*
*
*
*
+
*
*
ae
*
HERNANDEZ ORTIZ,
etc.
CIVIL NO. CS86-2817 (B)
Plaintiffs
vs. IN RE: PRECARIOUS
EVICTION AND
MODESTO HERNANDEZ ACCESSION
VARGAS, etc.
Defendants
Kkk kkk kkk kkk kKeKeKKK
MINUTES
At the status conference set for today Atty.
Jaime Rivera Torres appeared in representation
of the plaintiff, Alfonso Hernandez Ortiz and in
substitution of Atty. René F. Sotomayor Santos,
Atty. Ronald L. Rosenbaum appeared in
representation of the codefendant HPY, Atty.
A-67
Juan Jess Ramirez appeared in representation of
the Mario Mercado Estate, and Atty. Gilberto
Limardo appeared, who reports that he is going
to have an interview with the previous clients
of Atty. Martin Gonz4lez (rescuers) and shall
determine whom he is going to represent. att.
Carlos J. Pérez Santiago did not appear. For
notifications and future calendars, it has been
Clarified that these are the only attorneys in
the case.
The codefendant HPY requests the reopening of
the originai eviction case.
The Court clarifies that in a prior decision
where it provided that starting from a certain
date the defendants to the eviction or
possessionary injunction shall be bad faith
constructors, it adjudicated nothing with
respect to whether these people had good faith
or not before that date.
A-68
The case at bar actually involves two or three
cases within the same suit. The title and
boundaries must be cleared up between the Mario
Mercado Estate and Alfonso Hernandez. To that
end, a pretrial conference is set to be held on
February 11, 1991. The meeting between the
attorneys shall be held on February 2, 1991, at
10:00 a.m., at the office of Atty. Ramirez in
Mayagiiez. That same day, February 11, a
pretrial conference shall be held as to the
aspect of the eviction both by HPY and of the
other two plaintiffs against the squatters.
Notify Att. Carlos J. Pérez Santiago of this
case setting, indicating to him that he has to
be prepared. Any attorney that has not
participated in the conference, under his own
professional responsibility, shall not _ be
allowed to announce any evidence, in fact, the
party that he represents is going to be in
default, and the attorney is exposed to a
complaint against him on behalf of his clients.
A-69
Based on the information supplied by the parties
to the effect that in the San Juan Division it
was decided that part of the property belonging
to HPY where there are squatters was not
expropriated, the Court grants the petition of
the codefendant HPY for the reopening of the
case and sets aside the voluntary dismissal of
action made by this party during the visual
inspection.
It is ordered that the attorneys be notified by
a copy of the minutes of October 30, 1990 in the
case of KEF 88-0418 (1007), which shall be
attached to the record when Atty. Ramirez brings
a copy. (he subsequently delivered it.) The
attorneys were notified. The following were
notified by way of a copy of the minutes (and
with a copy of the minutes from the San Juan
Division):
Atty. Juan Jess Ramirez, Box 720, Mayagtiiez, PR
00709; Atty. Jaime mM. Rivera, Box 208, San
A-70
German, PR 00753; Atty. Gilberto Limardo, Box
226, Playa Sta., Ponce, PR 00734; Atty. René F.
Sotomayor Santos, Box 1747, Ponce, PR 00733;
Atty. Carlos J. Pérez Santiago, Box 6930, Ponce,
PR 00733;
12-10-90
Minutes Book No. 8
Bailiff: B. RAMOS
JUDGE: HON. LUIS MUNIZ ARGUELLES
I certify: P. COLON
Reporter: WANDA I. BLANCO
By: A.J. Velazquez
Date: November 30, 1990
Trans. 12-10-90
A-71
CERTIFIED TRANSLATION
IN THE GENERAL JUSTICE COURT OF PUERTO RICO
SUPERIOR COURT - PONCE DIVISION
JUDICIAL CENTER
ESTATE OF MARIO
L. MERCADO, ET AL.,
Defendants
kkkkkhkhhhhkhhhhhhhhae
ALFONSO A. HERNANDEZ *
ORTIZ, ET AL.
Plaintiffs
INJUNCTION
*
COMMONWEALTH ,
OF PUERTO RICO *
ET AL. .
Plaintiffs * CIVIL NO. cS85-1459
*
v. * IN RE: TEMPORARY
7
*
*
-
CIVIL NO. CS86-2817
*
*
Vv. * RE: EVICTION ACTION FOR
MODESTO HERNANDEZ * UNLAWFUL DETAINER
VARGAS, ET AL. * AND ACCESSION
.
*
Defendants
kkkhkhkhkkhkhkhhhhhhhhhk
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
JUDGMENT
As the present cases have been called to hold
the trial on the merits regarding them, come
now: (A) (I) THE ESTATE oF MARIO MERCADO RIERA
— made up of: (a) Eufemia Eileen known as
Eileen Mercado Parra, (b) Adriana Luisa Mercado
Parra, (c) Eileen Maria Coffey Mercado, (da)
David Mario Coffey Mercado, (e) Maria Luisa
A-72
Wilson Mercado, (f) Margarita Maria Wilson
Mercado, and (g) Richard Wilson Mercado — (Civil
Number CS85-1459 and CS86-2817) ("ESTATE OF
MARIO MERCADO RIERA"), (II) HPY, INC. (Civil
Number CS85-1429), (III) ALFONSO ANTONIO
HERNANDEZ ORTIZ (Civil Number CS86-2817),
hereinafter referred to as the "plaintiffs,"
represented by their attorneys; (B) the
defendants in the above-captioned cases under
the jurisdiction of this Court, some in default
and others duly represented by their attorneys.
The plaintiffs in the cases of title interposed
their pertinent evidence before the court; as
did some of the defendants; this being the only
evidence that was presented in the proceedings.
Having heard all of the evidence admitted from
what has been offered, this Court makes the
following:
A-73
FINDINGS OF FACT
i. The plaintiffs and their predecessors in
title have had ownership and also title in fee
Simple recorded in the Property Registry for the
following property. Said title and ownership
has been the during the year immediately prior
to the filing of the complaint and in prior
years, to wit: -
{a) THE ESTATE OF MARIO MERCADO RIERA, composed
of: (a) Eufemia Eileen known as Eileen Mercado
Parra, (b) Adriana Luisa Mercado Parra, (c)
Eileen Maria Coffey Mercado, (d) David Mario
Coffey Mercado, (e) Maria Luisa Wilson Mercado,
(f) Margarita Maria Wilson Mercado, and (g)
Richard Wilson Mercado (Civil Number CS85-1459
and CS86-2817). Said title and ownership have
been during the year immediately prior to the
filing of the complaint and the remaining prior
years. The property of mention is described in
the registry as follows:
ST
A-74
---Parcel MT-FOUR, RURAL: Located in
Canas Ward in the municipal district of
Ponce, Puerto Rico with an area of SEVEN
HUNDRED FIFTY-FIVE CUERDAS' FIFTY-EIGHT
ONE-HUNDREDTHS, equivalent to two hundred
fifty-seven hectares, sixty-six ares,
ninety-one centares and six hundred
thirty-two millares, made up of the
following portions:
---Portion A: Rural: Located in Canas
Ward in the municipal district of Ponce,
with an area of two hundred forty-six
cuerdas seventy-three one-hundredths,
equivalent to ninety-six hectares, ninety-
seven ares, forty-seven centares and five
hundred ninety-two millares, bounded on
the North by state highway number two, in
ten alignments that total fifty-eight
point ninety-nine meters; on the East by
land belonging to the Puerto Rico Aqueduct
and Sewer Authority; Regional Office in
A-75
four alignments that total one hundred
seventy-two point seventy-one meters with
the portion MT-Three-Plains for an
alignment of seven hundred twenty point
-.forty-one meters; on the South by the
Caribbean Sea for thirty-five alignments
that total two thousand forty-seven point
seventy-three meters and on the West by
the Laguna de las Salinas for seven
alignments that total one thousand one
hundred ninety-eight point sixty-seven
meters. This portion is identified in the
subdivision map as parcels MT-Four-Plains-
A for one hundred eighty-five cuerdas
ninety-eight one-hundredths and MT-Four-
Plains-B, sixty cuerdas seventy-five one-
Aundredths.
---Portion B: Rural: Located in Canas
Ward in the municipal district of Ponce,
with an area of thirty-seven cuerdas
seventy-three one-hundredths, equivalent
A-76
to fourteen hectares, eighty-two ares,
ninety-three centares and nine hundred
ninety-two millares, bounded on the North
by the portion MT-Three-Industrial of
Parcel MT-Three for an alignment of two
hundred seventy-one point’ twenty-four
meters; on the East by property belonging
to the Puerto Rico Social Programs for
eighteen alignments that total five
hundred seven point ninety-seven meters;
on the South by State Highway number two,
in two alignments that total two hundred
sixty-six point seventy-six meters and on
the West by the portion MT-Three-
Escarpment of parcel MT-Three for an
alignment of four hundred eighty point
twelve meters. This portion is identified
in the subdivision map as parcel MT-Four-
Industrial.
---Portion C: Rural: Located in Canas
Ward in the municipal district of Ponce,
A-77
with an area of three hundred seventy-one
cuerdas twelve one~hundredths, equivalent
to one hundred forty-five hectares,
eighty-six ares, fifty centares and zero
forty-eight millares, on the North by land
belonging to Empresas Ferré for ten
alignments that total nine hundred fifty-
eight point ten meters, by land belonging
to Nicol&as Pag4n for five alignments that
total two hundred ninety-seven point
twenty-seven meters by land belonging to
Empresas Ferré for twenty-seven alignments
that total seven hundred point fifty-nine
meters and by land belonging to Dr.
Humberto Zayas Chard6n for five alignments
that total two hundred eighty-three point
forty-one meters; on the East, by land
belonging to Punto Oro Development or for
four alignments that total one thousand
four hundred forty-seven point nine
meters; on the South, by land belonging to
Ponce West Industrial Area and land
A-78
belonging to Social Programs for thirteen
alignments that total four hundred eighty-
nine point ten meters and by land
belonging to the Puerto Rico Land
Management for fourteen alignments that
total two thousand twenty-three point
thirty-four meters; and on the West, by
the Portion MT-Three-Escarpment of Parcel
MT-Three, for an alignment of one thousand
two hundred five point’ seventy-five
meters. This portion is identified in the
subdivision map as MT-Four-Escarpment.
---This has been previously recorded under
property number 46,412 for Ponce I,
presently number 1981 for Ponce II, and is
described on page 115 of volume 1529 for
Ponce I, first entry; and on page 115 of
volume 669 for Ponce II.
From the property described above the
following portion is the subject of this
consolidated litigation:
i
A-79
---Portion C: Rural: Located in Canas
Ward in the municipal district of Ponce,
with an area of three hundred seventy-one
cuerdas twelve one~-hundredths, equivalent
-to one hundred forty-five hectares,
eighty-six ares, fifty centares and zero
forty-eight millares, bounded on the North
by land belonging to Ferré Enterprises for
ten alignments that total nine hundred
fifty-eight point ten meters, by land
belonging to Nicolas Pagan for five
alignments that total two hundred ninety-
seven point twenty-seven meters by land
belonging to Ferré Enterprises for twenty-
seven alignments that total seven hundred
point fifty-nine meters and by land
-belonging to Dr. Humberto Zayas Chard6én
for five alignments that total two hundred
eighty-three point forty-one meters; on
the East by land belonging to Punto oro
Development or for four alignments that
total one thousand four hundred forty-
A-80
seven point nine meters; on the South by
land belonging to Ponce West Industrial
Area and land belonging to Social Programs
for thirteen alignments that total four
hundred eighty-nine point ten meters and
by land belonging to the Puerto Rico Land
Management for fourteen alignments that
total two thousand twenty-three point
thirty-four meters; on the West by Portion
MT-Three-Escarpment of Parcel MT-Three,
for an alignment of one thousand two
hundred five point seventy-five meters.
This portion is identified in the
subdivision map as MT-Four-Escarpment.
The ESTATE OF MARIO MERCADO RIVERA has had
ownership of and title to said property with
exclusivity over the prior partners of the Mario
Mercado and Sons Partnership in accordance with
the RULING issued by the Honorable Superior
Court Judge, Victor Vargas Negr6én, since
December 23, 1976, in virtue of the adjudication
A-81
made by this same Court in the Case CS57-2295,
on the Dissolution of Partnership; this property
having been consolidated with others under
judicial trusteeship in said case.
(b) HPY, INC. (Civil Number CS89-1459) a
corporation organized under the laws of the
State of Delaware, United States of America and
authorized to do business in Puerto Rico and
registered with the Department of State for the
Commonwealth of Puerto Rico. The properties
mentioned are described in the registry as
follows:
(A) ---RURAL: A parcel located in Canas
Ward in the municipal district of Ponce,
«Puerto Rico with a surface area of TWENTY-
SIX POINT SIX THOUSAND SEVEN HUNDRED
TWENTY CUERDAS, equivalent to ONE HUNDRED
FOUR THOUSAND EIGHT HUNDRED FORTY POINT
THREE THOUSAND EIGHT HUNDRED EIGHTY~THREE
SQUARE METERS (104,840.3883). On the
A-82
North by part of the main property in two
directions from which the ninety cuerdas
were subdivided of which the present is a
remainder, land belonging to the Trustee-
ship of the Mario Mercado and _e “Sons
Partnership, in the first direction for a
distance of nine hundred fifty-six point
fifteen meters, and in the second
direction for a distance of two hundred
seventy-three point four hundred ninety-
six meters; on the South by and in one
single direction and for a distance of one
thousand one hundred eighty-eight point |
six hundred seventy meters by the parcel
described with the letter "E" in the map
made by the engineer, Rafael Dosal Lines;
on the East, in one single direction and
distance of three point five hundred
seventy-four noters. by the Punto Oro |
Development; and on the West, in one
single direction and for a distance of one
hundred two point eighty-five meters by
ee
A-83
land from the main property know as
Hacienda Matilde, belonging to the
Trusteeship of Mario Mercado and Sons
Partnership and from which the parcel of
fifty cuerdas was subdivided, of which
this is a remainder. This parcel is
marked "A" in the subdivision map made by
the engineer, Rafael Dosal Lines.
~--The parcel described here is the
remainder of the one with this number
after deducting from its area of ninety
cuerdas the parcels subdivided and that
are indicated in the margin notes for the
previous first recording.
---Property: previously numbered 35,564
for Ponce I, presently number 5868 for
Ponce II, is described on the back of page
165 of volume: previously 1263 for Ponce
I, presently 521 for Ponce II.
(B) ---RURAL: Parcel of land located in
Canas Ward in the municipal district of
eee
A-84
Ponce, Puerto Rico with an area of ELEVEN
POINT SIX THOUSAND SIX HUNDRED SIXTY-SIX
CUERDAS equivalent to FORTY-FIVE THOUSAND
EIGHT HUNDRED FIFTY-FOUR POINT FOUR
THOUSAND FORTY-SIX SQUARE METERS
(45,854.4046), bounded on the North by a
parcel identified by the letter (A) in the
subdivision map made by the engineer,
Rafael Dosal Lines, in other words, by
more land from the ninety cuerda parcel
from which this parcel was subdivided,
said boundary being a single alignment of
one thousand one hundred fifty-five point
three hundred fifty (1,155.350) meters; on
the South in one single alignment of one
thousand one hundred thirty-nine point
three hundred eighty-seven meters, bounded
by land subdivided from the ninety cuerda
parcel identified as Parcel "B" in the
above-mentioned map made by the engineer,
Rafael Dosal Lines; on the East, in one
Single alignment of forty point fifteen
A-85
meters bounded by the Punto Oro
Development; and on the West in one Single
alignment of forty-one point five hundred
four meters, bounded by more land from the
main property known as Hacienda Matilde,
property belonging to the Mario Mercado
and Sons Partnership.
---Property: previously numbered 43,077
for Ponce I, presently number 5869 for
Ponce II is described on page 111 of the
volume: previously numbered 1440 for
Ponce I, presently number 598 for Ponce
II.
(C) ---RURAL: Piece of land located in
Canas Ward in the municipal district of
--Ponce, Puerto Rico with a surface area of
ONE HUNDRED ELEVEN THOUSAND THREE HUNDRED
FORTY-SEVEN SQUARE METERS AND FIFTY-FIVE
CENTIMETERS (111,347.55) equivalent to
TWENTY-EIGHT AND THREE THOUSAND THREE
HUNDRED THIRTY-THREE ONE~THOUSANDTHS
A-86
CUERDAS (28,3333) bounded on the North by
the remaining sixty-one point six thousand
six hundred sixty-seven cuerdas from the
original ninety cuerdas, for a distance of
one thousand one hundred thirty-nine point
five hundred eighty-seven meters
(1,139.587) and in a direction of seventy-
eight degrees, forty-six minutes’ and
fifty-four seconds North by East. On the
South, by land belonging to the Punto Oro
Development for a distance of one thousand
ninety-five point six hundred and eighteen
meters (1,095.618) or in a direction of
seventy-eight degrees, fifty-seven minutes
and fifty-three seconds South by West. On
the East, by land belonging to the Punto
Oro Development, for a distance of sixty-
five point nine hundred thirty-eight
meters (65.938) in a direction of four
degrees, two minutes and three _ seconds
South by East, and a distance of thirty-
seven point zero seventy-two meters
A-87
(37.072), in a direction of three degrees,
forty-one minutes and forty-seven seconds
South by West. On the West by land
belonging to the main property known as
‘Hacienda Matilde, property of the Mario
Mercado and Sons Partnership, from which
the ninety cuerda parcel was subdivided
from which the parcel described herein was
subdivided for a distance of one hundred
one point one hundred eighty-five meters
(101.185) in a direction of twenty-six
degrees, three minutes and seven seconds
North by West.
-~--Property: previously numbered 39,436
for Ponce I, presently number 5867 for
Ponce II is described on page 115 of the
volume: previously numbered 1374 for Ponce
I, presently number 578 for Ponce II.
(D)---RURAL: Parcel located in Canas Ward
in the municipal district of Ponce, Puerto
A-88
Rico, with a surface area of forty-five
thousand eight hundred forty-nine point
three thousand five hundred thirty-nine
square meters (45,849.3539) sq./m.,
equivalent to eleven point six hundred
sixty-six (11.666) Cuerdas. Bounded on
the North, in one single direction and for
a distance of one thousand one hundred
seventy point nine hundred_ seventeen
meters by the parcel marked "A" on the map
made by the engineer, Rafael Dosal Lines;
on the South, in a single direction and
for a distance of one thousand fifty-five
point three hundred fifty meters by the
parcel marked "C" on the above-mentioned
map that was subdivided from the ninety
cuerda property from which remainder this
parcel is subdivided; on the East, in a
single direction by land belonging to the
Punto Oro Development for a distance of
thirty-nine four hundred -= eighty-four
meters; and on the West, in a_ single
A-89
direction and for a distance of forty-one
point zero sixty-five meters by property
from the Hacienda Matilde, belonging to
the Mario Mercado and Sons Partnership
from which the ninety cuerdas’ were
subdivided from which remainder this
parcel is subdivided.
---Property: previously numbered 44,915
for Ponce I, presently number 5870 for
Ponce II is described on page 282 of the
volume: previously 1488 for Ponce Be
presently 625 for Ponce II.
(E)---RURAL: Parcel located in Canas Ward
in the municipal district of Ponce, Puerto
- Rico with a surface area of ELEVEN POINT
SIX HUNDRED SIXTY-SIXx (11.666) CUERDAS,
equivalent to FORTY-FIVE THOUSAND EIGHT
HUNDRED FORTY-NINE POINT THREE THOUSAND
FIVE HUNDRED THIRTY-NINE METERS. Bounded
on the North, in one Single direction and
A-90
for a distance of one thousand one hundred
eighty-eight point six hundred seventy
meters by the parcel marked "A" on the map
made by the engineer, Rafael Dosal Lines;
on the South, in a single direction and
for a distance of one thousand one hundred
seventy point nine hundred seventeen
meters by the parcel marked "D" on the
above-mentioned subdivision map, and that
was subdivided from the ninety cuerda
property from which remainder the parcel
described herein is subdivided; on the
East, in a single direction by land
belonging to the Punto Oro Development for
a distance of thirty-eight point nine
hundred ninety-three meters; and on the
West in a single direction and distance of
forty point two hundred forty-three meters
by property from the Hacienda Matilde,
belonging to the Trusteeship of the Mario
Mercado and Sons Partnership from which
the ninety cuerdas were subdivided from
A-91
which remainder this parcel is subdivided.
-~--Property: previously numbered 44,916
for Ponce I, presently number 9463 for
Ponce II is described on page 290 of the
- volume: previously 1488 for Ponce r
presently 625 for Ponce II.
HPY, INC. has had Ownership and title to said
property in accordance with the law and title
law as it appears in the Property Registry for
Ponce II.
(c) ALFONSO ANTONIO HERNANDEZ ORTIZ (Civil
Number CS86-2817). The property mentioned is
described in the Property Registry as follows:
---"RURAL: A parcel of land located in
Canas Ward in the municipal district of
Ponce, Puerto Rico, with an original
Surface area of One Hundred Fifty-Three
Thousand Nine Hundred Twenty-Three Point
Six Thousand Two Hundred Thirty-Six
A-92
(153,923.6236) Square Meters, equivalent
to Thirty-Nine Point One Thousand Six
Hundred Twenty-One (39.1621) Cuerdas, that
after Thirty-Five Thousand Three Hundred
Seventy-Six Point One Thousand Seven
Hundred (25,376.1700) [sic] Square Meters
were subdivided, equivalent to Nine Point
Zero Zero Zero Seven (9.007) [sic] cuerdas
that formed property number twenty seven
thousand one hundred eighty-eight
(27,188), there remains One Hundred
Eighteen Thousand Five Hundred Forty-Six
Point Four Thousand Five Hundred Thirty-
Six (118,546.4536) equivalent to Thirty
Point One Thousand Six Hundred Fourteen
(30.1614) cuerdas, bounded on the North by
Street Number One (1) to be built from the
Punto Oro Development and for a distance
of One Hundred Fifty-Four Thousand Two
Hundred Forty-Eight (154,248) lineal
Meters; on the South, and in different
alignments for a distance of Five Hundred
A-93
Fifty Point Six Hundred Thirty-Seven
(550.637) lineal meters by state highway
number two (2) ("Ponce Bypass"); on the
East for a distance of Eight Hundred
Sixty-Nine Point Two Hundred Fifty-Seven
(869.257) lineal meters by street Number
One (1) of the Punto oro Development and
on the West in several Alignments and for
a distance of Six Hundred Forty-Four Point
Three Hundred Forty-One (644.341) by the
Industrial Development E1 Tuque."
---Recorded on June 18, 1986 on the back
of page 14 of volume 1,296 presently 540
for Ponce II, property number 31,640,
presently 7,823, eighth entry, encumbered
from its origin by a right-of-way in favor
of the Commonwealth.
ALFONSO ANTONIO HERNANDEZ ORTIZ has_ had
Ownership and title to said property in
accordance with the law and title law according
A-94
to what appears in the Property Registry for
Ponce II.
2- In accordance with the evidence presented
and believed by this Court, the defendants in
the instant case, without the express or
implicit authorization of the plaintiffs, and
without valid title or right of any nature,
entered and encroached upon the above-mentioned
pieces of land and presently have built a series
of shacks, huts and houses, having temporarily
marked off what seems to be lots during the year
1985 and thereafter.
3. Previously this Court, and particularly in
Civil Case CS86-2817, since June 4, 1987, had
determined that any further additions. or
construction was, from then on, bad faith
construction, which was subsequently ratified by
this Court in its RULING of May 22, 1990 by the
Honorable Superior Court Judge, Luis Mufiiz
Arguelles, in which this Court also established
ieee
A-95
that "(1) good faith or bad faith is a subjec-
tive concept and it may be proven that on
subsequent dates the owners do not have good
faith."; this Court in accordance with the
evidence presented and believed determines that
the defendants never had good faith in the
illicit ownership of the property that was
encroached upon.
4. The plaintiffs acted promptly to protect
their interests in the property by going to the
State Police and the Courts of this
jurisdiction.
S. Having examined the consolidated case file,
heard and examined the evidence ana the
admissions against interest made by the
defendants affiants; this Court concludes as a
proven fact that there has been manifest
temerity in the actions of the defendants during
the entire process, both extrajudicial and
judicial.
A-96
U N W
The plaintiffs in the case cited have been the
owners for more than one year of the property
described above. Before the filing of the
present complaint the plaintiffs were disturbed
from the possession or ownership of the property
described above, because the defendants through
an “act of encroachment" and without’ the
authorization of the plaintiffs illegally
entered the above-mentioned property with the
intention of possessing it.
An Injunction shall be granted to retain and
recover material ownership of the property, at
the behest of the interested party, provided
that it shows to the satisfaction of the Court,
that it has been disturbed from the possession
or ownership of said property, by acts that show
the intent of harassing or taking it away, or
when said possession or ownership has already
been taken away. Civil Procedure Code, 1933,
A-97
Art. 690, 32 LPRA 3561.
In writs of possession, which is one of the
actions that are exercised in the present case,
only the question of possession is discussed,
and not the right to said possession, nor the
title of ownership to the property involved in
the writ. Rivera v. Carcel, 68 DPR 365; Mena v.
Llerandi, 70 DPR 176; Maldonado y. Colén, 68 SPR
340; igqgue y. 4 , 58 DPR 74; Gémez yv.
Lépez 55 DPR 813; De Los Santos yv. Seijo, 53 DPR
442; Pueblo v. Fajardo Sugar Growers Ass., 45
DPR 380; igueroa v eblo, 43 DPR
865; Fajardo Sugar v. Central Pasto Viejo, Inc.,
41 DPR 825; Fernandez V. Gonzalez 41 DPR 726.
The main point in the writ of Possession is
always just a question of material and physical
possession as far as occupancy is concerned,
never a question of possession or right in civil
possession, whether implied or legal. Pérez v.
Castro, 52 DPR 573 and has the purpose of the
A-98
protection of the fact of possession, without
harming the rights of the interested parties.
Rodriguez _v. Suérez, 71 DPR 728 and therein
questions of title cannot be resolved; Sucn.
Maldonado v. Maldonado, 43 DPR 678.
In writs of possession, the question to be
resolved is whether the plaintiff was in
possession on a given date within the year prior
to the filing of the complaint and whether he
was deprived of such possession. Martorell v.
Municipio, 70 DPR 380; Rodriquez v. Suarez, 71
DPR 728; 32 LPRA 3562.
The writ of possession has the purpose of
maintaining the ownership of the person who has
it and is disrupted from it, without being able
to resolve questions of title. Segarra _ v.
Vilarifio, 92 DPR 314.
From the related facts it is clear that the
plaintiff, within the year prior to the filing
A-99
of the complaint had actual possession of the
property that is described therein, as well as
the fact that he was’ hindered and/or
dispossessed of said possession or ownership.
In Texaco, Inc. v. Gonz4lez_, 96 DPR 305, our
Supreme Court stated:
"The writ action is available to any owner."
Castan says, in the work cited, on page 456:
"In our Code the system is different.
Since Article 446, as we have just
seen (our Art. 375) grants protection
for all owners and Art. 1.651 of
Procedural Law (Art. 690 of our Civil
Procedure Code) speaks of possession
+ Or ownership, it must be understood
that writs are applicable both for
one and for the other, and that they
can be used by the possessor as a
title of ownership, the simple
occupant or actual owner, the
A-100
usufructuary, the collateral holder,
the obligee in a_ contract of
antichresis, anyone using the right
of retention, the lessee, the
commodatary, the trustee and in a
word, anyone who uses the technique
of the Civil Code has possession,
whether natural or civil, in the
sense of owner or in a different
sense." —
The plaintiff, Alfonso Antonio Hernandez Ortiz,
has had possession since May 23, 1986, and his
title has been recorded in the Property Registry
since June 18 of that same year, having been
presented on June 13, 1986. The complaint in
the case is dated November 26, 1986. Before the
filing of the case of record, the plaintiff was
hindered from possession or ownership of his
above-mentioned property, because the
defendants, through an act of encroachment and
without the authorization of the plaintiff-
A-101
owner, illegally entered on the premises of the
and mentioned with the intention of partially
possessing it.
The defendants admitted not having any title to
oppose the plaintiffs, nor express or tacit
authorization from third parties to encroach
upon it. They alleged a moral right and in a
case in particular law at the hands of God.
The eviction action for unlawful detainer filed
by the plaintiff is predicated on the fact that
there has been no payment rate or compensation
of any kind on behalf of the defendants to the
Plaintiff, due to the total absence of title on
behalf of the defendants and due to the total
absence of tacit or express permission on behalf
of the plaintiff-owner or from any third party
that may have been able to confuse this piece of
land with another. This is nothing more or less
than a case of total "encroachment", that
warrants the ejection of the encroaching
A-102
defendants from the land that is the subject of
the complaint.
The plaintiff, ALFONSO ANTONIO HERNANDEZ ORTIZ,
properly justified his title to the defendants,
along with the boundaries of his property, both
with a copy of his duly recorded deed and
photographs (documentary evidence) and with the
testimony (oral evidence) of its administrator
and real estate broker; and the other
plaintiffs: ESTATE OF MARIO MERCADO RIERA
properly justified its title to the defendants,
along with the boundaries of his property, both
through a Registry Certification that is in the
record, duly certified maps and photographs
(documentary evidence) and with the testimony
(oral evidence) of its administrator and
coowner, and HPY, INC. properly justified its
title to the defendants, along with the.
boundaries of his property, both through a
Registry Certification that is in the record,
duly certified maps and photographs (documentary
A-103
evidence) and with the testimony (oral evidence)
of its architect and surveyor.
In cases like the present one, of illegal
encreachment knowingly perpetrated on another’s
property, said encroachment does not create a
right of privacy whatsoever for the encroachers
nor does it protect its illegal possession.
People who illegally and without any right
whatsoever encroach on another’s property, said
encroachment does not create a right of privacy
whatsoever for the encroachers nor does it
protect their illegal encroachment. See
Amezquita v. Rafael Hern4ndez Colén, 518 F 2d.
8.
Anyone who builds in bad faith on any other
person’s land loses what has been built without
any right to indemnity. When the defendant has
precarious possession, as in the case of record
the eviction is in order. See A.T.P.R. v. Padin
Santiago, 104 DPR 426.
A-104
The eviction trial is one of a summary nature in
which the only question is to try to recover
possession of a piece of property for the person
who has right to it Negr6én v Corujo, 67 DPR 398;
Escudero _v. Mulero, 63 DPR 574; Palermo v.
Tribunal, 58 DPR 359; Rivera v Santiago, 56 DPR
381; Gonzalez _v Col6én, 49 DPR 557; Brunet _v
Tribunal, 45 DPR 901; and CRUV v Roman, 100 DPR
318.
"In accordance with said doctrine if a defendant
in eviction produces sufficient evidence that
tends to show that he has some right to occupy
the property and that he has title as good as or
better that the plaintiff, a conflict of title
arises which makes the eviction action
improper." This does not occur in the
litigation of record. CRUV v Roman, 100 DPR
318, 322.
Having heard the findings of fact and the
conclusions of the precedent law the
consolidated complaints of the case of record
are hereby GRANTED, and it is ORDERED that all
defendants CEASE AND DESIST from hindering the
plaintiffs in the possession of the property
that is the subject of the present litigation;
and to vacate the premises of the land that is
the property of the plaintiffs, ESTATE OF MARIO
MERCADO RIERA, HPY, INC. and ALFONSO ANTONIO
HERNANDEZ ORTIZ, leaving them clear. and
available for the legitimate owners, plaintiffs,
in these cases.
Costs, expenses and attorneys’ fees incurred by
the plaintiffs are severally imposed on the
defendants. The corresponding Memorandum of
Costs, Expenses and Attorneys’ Fees incurred
must be filed no later than ten (10) days from
the filing of a copy of the notification of this
A-106
Judgment by Edict in the case record.
Notification of this judgment shall be given by
notifying the attorneys for the parties and by
publishing an (1) Edict in a newspaper of
general circulation; this Judgment shall not be
final until thirty (30) days have passed from
the publication of said Edict; and executable
after forty (40) days have elapsed from when the
Secretaries of the Department of Social Services
and Housing have been notified through certified
mail with return receipt requested, according to
the provisions of Article 635 of the Civil
Procedure Code, in force, (32 LPRA 2836).
The Clerk of this Court shall issue the Writ for
ejection once what is provided in Article 636 of
the Civil Procedure Code, in force (32 LPRA
2837), has been complied with.
Enter and Notify.
A~-107
Issued in Ponce, Puerto Rico, June 4, 1991."
FELIPE ORTIZ ORTIZ (SIGNED)
SUPERIOR COURT JUDGE
Translator’s note: A rubber stamp for the
General Justice Court of the Commonwealth of
Puerto Rico, Superior Court, appears on each
page of the document.
A-108
CER D
IN THE SUPERIOR COURT FOR PUERTO RICO,
PONCE DIVISION
UNITED STATES OF AMERICA*
PRESIDENT OF THE U.S. *ss;
COMMONWEALTH OF PUERTO *
RICO, ET AL. *
ALFONSO A. HERNANDEZ *
ORTIZ *
Plaintiff *CIVIL NO. CS85-1459
Vv. * CS86-2817
ESTATE OF MARIO L. *
MERCADO, ET AL. *TEMPORARY INJUNCTION
MODESTO HERNANDEZ VARGAS*
ET AL. *EVICTION ACTION FOR
Defendant *UNLAWFUL DETAINER
*AND ACCESSION
KKKKKKKKKKKKKKKKKKKKKKKKEK
NOTIFICATION OF JUDGMENT (By Regular Mail)
TO: Atty. Carlos JesGs Pérez Santiago -
Box 6930 - Ponce, P.R. 00733 - Atty.
Ronald L. Rosenbaum and Freddie Pérez -
Box 1292 - Hato Rey, Puerto Rico 00919 -
Atty. Gilberto Limardo and Pedro J. Tejada
- Box 226 - Ponce Beach Station, Puerto
Rico 00734 - Atty. Jaime Rivera Torres -
Box 208 - San Germ&n, Puerto Rico 00753 -
Atty. Juan JesGs Ramirez Rivera -
A-109
(delivered in person) Box 720 - Mayagiiez,
Puerto Rico 00709 - Mr. Secretary of the
Department of Housing - Box 21365 - Rio
Piedras, Puerto Rico 00928. Mr. Secretary
of the Department of Social Services -
Central Office - Box 11398 - Santurce,
Puerto Rico 00908.
The CLERK who signs below notifies you that this
Court has pronounced judgment in the above-
captioned case, dated June 4, 1991, which has
been duly entered and filed in the case record
for this matter, from which you may be informed
as to the details of its terms.
And since you are or represent the party
affected by the judgment for which~a remedy of
appeal may be established, I am addressing this
notification to you, having filed a copy thereof
in the case record of this case, dated June 4,
1991.
———————eeeeo—
A-110
PONCE, P.R., June 4, 1991.
{Sgd.)PAULITA COLON RIVERA
GENERAL CLERK
[Rubber stamp for the General Justice Court of
the Commonwealth of Puerto Rico, Superior Court,
Ponce Division)
A-111
CERTIFIED TRANSLATION
REPORT TO THE HON. FELIPE ORTIZ ORTIZ
REGARDING CASES CS-85-1459/CS-86-2817
1. ANALYSIS OF THE CONSULTATION OVER LOCATION
The cases at bar arise from the Commonwealth’s
request to the Board of Planning for eminent
domain expropriation in consultation number 86-
63-1071-JGU. A sketch of the location appears
in said document, drawn over the official
topographical quadrangles for Pefhuelas and Punta
Cuchara. We suppose that said drawing was made
based on the Lambert coordinates (NAD 27), since
according to what we have been informed a map of
the property to be expropriated (MT4-E), graphed
in said systems, had been delivered to the
Commonwealth.
We have graphed the portion of the property MT4-
A-112
E and the HPY Inc. parcel on a copy of the
Pefiuelas quadrangle (see figure 1) and we also
transferred said information to a copy of the
sketch submitted to the Board (see figure 2).
In comparing the images we notice that the
proposed location does not include all of MT4-E
and moreover does not include the parcel
belonging to HPY Inc. We believe that the
sketch is not attempting to draw the property to
be expropriated exactly, since the scale of the
quadrangle .does not allow it. However, the
offset of the eastern boundary of the proposed
location with regard to the eastern boundary of
MT-4E is around 260 meters, which happens to be
too big of a mistake to attribute it to
impreciseness in the drawing of the map.
- Additionally, we must indicate that in the
petition for eminent domain expropriation of the
property MT4-E [Case KEF-88-148 (1007)]) before
the Superior Court of Puerto Rico (San Juan
Division) it has been indicated that the
A-113
cadastral coding for’ the parcel to be
expropriated is 388-000-008-06-000 which in fact
defines MT4-E. It is worth noting that the
cadastral coding of the parcel belonging to HPY
Inc.~is 388-000-009-16 (see figures 3A and 3B).
Based on what has been previously stated it is
evident that there was never any intention of
expropriating the parcel belong to HPY Inc.
2. ANALYSIS OF THE MEASUREMENT OF THE PROPERTY
TO BE EXPROPRIATED
The measurement of the property to be
expropriated was assigned to Land Surveyor
Ismael Cordero (Lic. #1496). The lana surveyor
Cordero completed said work in 1987 and
Submitted his map to the Rural Housing
Administration (AVR-initials in Spanish). Said
map was used by the AVR to define the parcel to
be expropriated. The land surveyor Cordero
includes in his measurement map a location map
A-114
also graphed on the official quadrangle on the
Lambert coordinates (NAD 27). If we compare
this drawing with the ones previously mentioned
we see that the property measured by land
surveyor Cordero includes part of the parcel
belonging to HPY, Inc. (See figure 4). Also
notice that the southern boundary of the
property (which is the stream) does not coincide
with the stream graphed on the official
quadrangle. The difference in the location of
both streams is from 20 to 60 meters on the
scale of the map.
We believe that part of the problem arises due
to an incorrect identification of points 3-ORO
and 23-ORO and the fact that for some reason a
conscientious study of the deeds of the property
-involved was not done. Said study would have
indicated that the property MT4-E originally
bordered the property Punto Oro at "four
alignments that" totalled “one thousand four
hundred and forty-seven point nine meters." It
A-115
also would have indicated that lots a, B, €, dD
and E that make up the parcel belonging to HPY,
Inc. border MT-4-E for two alignments that total
1282.415 meters. The difference between this
figure and the previous one (1447.9 m) are some
165.5 meters that are the other two alignments
that would be missing. These two alignments are
part of the border with Punto oro. The
measurement map of land Surveyor Cordero
indicates two alignments with Punto Oro,
arriving at the stream, totalling 1073.09
meters. Nevertheless, the map of Punto Oro
indicates that it does not border the stream.
We have no other alternative but to conclude
that boundary taken by land Surveyor Cordero is
not correct.
3. POSITIVE IDENTIFICATION OF POINT 3-ORO
As we indicated above, the evidence also
indicates that the points 3-ORO and 2-ORO taken
by Mr. Cordero were not correct. In order to
A-116
corroborate said thesis an inverse trisection
was taken at the point which was indicated to us
as the correct 3-ORO. For corroboration we
relied on the Lambert coordinates (NAD 27) that
appeared in the maps of land surveyor Hern4n
Lugo Rodriguez and architect Carlos A. Bux6é
(original data of engineer Rafael Dosal Lines),
which differ by 4 millimeters (X) and 3
millimeters (Y) from each other. Nine vertices
were observed using a transit WILD-T2 with a
direct reading of 1" arc, reading at a direct
and inverted position (see figures 5 and 6). Of
these nine vertices of the new system NAD 83, 2
were eliminated since apparently they had
changed positions since 1965.
The initial calculation was made with the
‘vertices from the Caja de Muertos lighthouse,
the one at Cayo Cardona and the Don Q. chimney.
Then observation equations were formulated for
the 7 vertices and an adjustment for minimum
squares was carried out. After the adjustment
A-117
the rectangular coordinates (X,Y) were
transformed to geographical coordinates
(latitude and longitude) and were modified by
the change of the Spheroid through an
interpolation between the vertices ETRA PRS.
PONCE 2 AND CAYO CARDONA EXCENTRICA (see figure
7). After making these transformations for
coordinates NAD 27 the 4 data were compared,
resulting in variations in the order of 0.07 and
0.15 arc seconds in the positions. Therefore,
we conclude that this is definitely the correct
point and the line defined by points 2- and 3-
ORO is the northern boundary of the parcel
belonging to HPY, Inc., as well as the line 2-
ORC to 1-ORO defines its western boundary. (See
appendix I for the corroboration of the
computations).
4. STATION PUNTO ORO IDENTIFIED BY LAND
SURVEYOR CORDERO
The measurement performed by land surveyor
A-118
Cordero is also given in Lambert coordinates
(NAD 27) and according to the evidence that he
presents in his map he used an e inverse
trisection of the vertices of the Mercedita
chimney, Ponce (he doesn’t indicate whether it
is Ponce 2 or Ponce US GS), Caja de Muertos and
the Lighthouse of Cardona island to locate its
initial station AVR. However, in his
computations which were given to us the location
of AVR is made by an intersection from vertex
Ponce 2 and the Cardona island Lighthouse. In
verifying the computations we were able to
notice that one of the vertices used was Ponce
USGS and not Ponce 2. Once AVR had been
located, the point that land surveyor Cordero
identified as 3-ORO was’ defined. Its
coordinates, obtained by Cordero differ from
- those obtained by land surveyor Lugo Torres/Lugo
Rodriguez and engineer Dosal Lines for some 300
meter at X and some 100 meters at Y, which
translates into 3 arc seconds in latitude and 10
arc seconds in longitude. Undoubtedly, the
A-119
point taken as 3-oRO by Cordero is not correct
and therefore 2-ORO is not correct either. It
is worth noting that the line 2- at 3-ORO
(Cordero) is almost Parallel to 2- at 3-oRo
(Lugo. Torres/Lugo Rodriguez, Dosal Lines).
S. IDENTIFICATION OF PUNTO 1-ORO
Figure 8 has been prepared with the data from
the measurement map of land surveyor Cordero,
the data from the maps of the Punto oro
Development prepared by engineer Dosal Lines and
by land Surveyors Lugo Torres/Lugo Rodriguez and
the measurement map of the industrial area of
Punto Oro prepared by engineer Dosal Lines.
This shows the lapping of the parcel measured by
Cordero with the property belonging to HPY, Inc.
It also shows that the eastern boundary of that
Parcel coincides approximately with the slope
that borders Punto oro for which reason this
means that the construction of the development
very probably occupied part of the property
A-120
belonging to HPY, Inc. and MT4-E.
CONCLUSION
As may be deduced from all of the evidence
presented, it is obvious to conclude that a
mistake was made in including a substantial part
of the property belonging to HPY, Inc. in the
parcel that the Commonwealth proposes’ to
expropriate from the Mario Mercado Estate to
divide into lots in the Punta Diamante area. It
is also apparent that there was an error in the
location of the stream that forms the southern
boundary of said parcel, since it does not agree
with the position given for it in the official
Pehuelas quadrangle. The first mistake I
believe is due mainly to an-— erroneous
-identification of points 2- and 3-ORO. The
second is more difficult to find and explanation
for, without more complete information of the
work performed by Land Surveyor Cordero.
A-121
Today (June 15) I received over the phone the
rectified position of a vertex that Land
Surveyor Hernan Lugo Rodriguez obtained this
time through a more exact job, since the
original job was performed through stadiametry.
This vertex is sufficiently close to 3-oORO and
if its offset is applied at this point then its
position would differ from the one found through
inverse trisection by only 0.016 arc seconds in
latitude and 0.091 arc seconds in longitude,
much better than before.
In order for the 200 cuerda parcel that is going
to be expropriated from the Mercado Estate to be
defined, I suggest taking as a basis the
Feliciano and Associates map and defining a
parcel of the size indicated, and if necessary
modify these calculated boundary in order to not
interfere with the already established
possession lines. In this way the cost to the
public treasury is substantially reduced.
FORM DJ~-103
REV. 8/60
CERTIFICATION NOTEBOOK
COMMONWEALTH OF PUERTO RICO
DEPARTMENT OF JUSTICE
PROPERTY REGISTRY
SECTION II FOR PONCE
[Seal for the Property Registry]
CERTIFICATION
concerning plot number (35,564) 5868 recorded on
page 159 of volume (1263) 521 of Ponce II.
Issued on the 22nd of October of 1987 at the behest of
Atty. Ronald L. Rosenbaum
A-123
Commonwealth of Puerto Rico
Department of Justice
Property Registry
Section II for Ponce
ATTORNEY JOSE LL. PURCELL TERRON, Property
Registrar for Puerto Rico, Section II for Ponce
and its Mortgage Demarcation:
I CERTIFY
~ a a a That at the request of Atty. Ronald L.
Rosenbaum, we have examined the legible books
for this Registry in our custody, and it APPEARS
from these:
wnwne FIRST: That the piece of property:
previously number 35,564 for Ponce I, presently
number 5868 for Ponce II appears described on
the back of page 165 of the volume: previously
1263 for Ponce i presently 521 for Ponce io #
3rd entry as follows:
A-124
RURAL: A parcel of land located in Canas
Ward in the municipal district of Ponce,
Puerto Rico with a surface area of TWENTY-
SIX POINT SIX THOUSAND SEVEN HUNDRED
TWENTY CUERDAS, equivalent to ONE HUNDRED
FOUR THOUSAND EIGHT HUNDRED FORTY POINT
THREE THOUSAND EIGHT HUNDRED EIGHTY-THREE
SQUARE METERS (104,840.3883). Bounded on
the North by part of the main property, in
two directions from which the ninety
cuerdas were subdivided of which the
present is a remainder, belonging to the
Trusteeship of the Mario Mercado & Sons
Partnership, in the first direction for a
distance of nine hundred fifty-six point
zero fifteen meters, and in the second
direction for a distance of two hundred
seventy-three point four hundred ninety-
six meters; on the South, and in one sole
direction and for a distance of one
thousand one hundred eighty-eight point
six hundred seventy meters by the parcel
A-125
described with the letter "E" on the map
prepared by the engineer, Rafael Dosal
Lines; on the East, in one sole direction
and for a distance of three point five
- hundred seventy-four meters, by the Punto
Oro Development; and on the West, in one
sole direction and a distance of one
hundred two point eighty-five meters by
land belonging to the property Known as
the Hacienda Matilde, property belonging
to the Trusteeship for the Mario Mercado &
Sons Partnership and from which the ninety
cuerdas parcel was subdivided, of which
this is a remainder. This parcel is
marked "A" on the subdivision map made by
the Engineer, Rafael Dosal Lines.
----- The parcel described herein is the
remainder of the one with this number after
subtracting from its area of ninety cuerdas the
parcels that are subdivided and indicated in the
margin notes from the prior first entry.
A-126
----- SECOND: That the piece of property
described above is entered on behalf of H.P.Y.
INC., a corporation organized and existing under
the laws of the State of Delaware, represented
herein by William Joseph Luckerath, its legal
representative, of legal age, divorced, an
attorney and resident of Santurce, Puerto Rico,
with accredited authority, who acquired it by
way of purchase at a public auction for a price
of $39,655.00; in virtue of deed number 33,
executed in San Juan, on March 12, 1985, before
the notary Rafael E. Robles Diaz; (as referred
to in the en) I mean, which together with other
supplementary documents resulted in the 7th
entry of said property on the back of page 169
of the previously mentioned volume.
—<-<-- THIRD: That the status of said property as
far as encumbrances and liens is as follows:
----- BY WAY OF ORIGIN: From the ist entry of
said property made on page 159 of the volume:
A-127
previously 1263 for Ponce I, presently 521 for
Ponce II, it appears that this property is
subject to the following encumbrances due to its
origin: Entry for a complaint for dissolution
of partnership, civil case number CS-57-2295 and
rights-of-way in the name of the Commonwealth of
Puerto Rico.
----- ON ITS OWN BEHALF: Said property is found
to be FREE OF ENCUMBRANCES:
OBSERVATION
That on page 22 of volume I of the Registry of
Liens for the Commonwealth of Puerto Rico for
Ponce II there is a lien entered against James
T. Barnes (prior owner of this property) for a
piece of urban property located in Canas Ward
with an-area of 90 cuerdas, and with the
following boundaries: NW: Parcel no. 2; SW:
410-0000-010-01; SE: Parcel no. 15 and NE:
Parcel no. 15 to answer to the amounts of:
A-128
$76,670.28 for taxes; $7,666.96 for surcharges
and $18,606.36 for costs for a total of:
$102,943.60, due on property taxes; entered with
the order number: 088, case number: 630106409;
date of presentation and recording: December
26, 1979 and date of the certificate: December
26, 1979.
----- That on page 99 of volume I of the Registry
of Liens due to the Commonwealth of Puerto Rico
of Ponce II there is a lien entered against
James T. Barnes of P.R. Inc., (prior owner of
this property) on a piece of rural property,
located in Punto Oro - Main Property, with an
area of 90 cuerdas, and with the following
boundaries: North: Municipal Dump and Jardines
del Caribe Development; South: Road from Ponce
to Guayanilla; East: Canas River and West:
Pastillo River; to answer to the sums of
$76,670.28 for taxes; $17,976.12 for surcharges
and $7,666.96 for costs, for a total of:
$102,313.36 due for property taxes; entered with
A-129
the order number: 0394; date of presentation
and recording: October 20, 1980 and dat of the
certificate, October 17, 1980.
----- From the indexes of the Registry of Liens
owed to the Commonwealth of Puerto Rico of Ponce
I, numbers 65, 66, 67, 68, 69 and 70 for Ponce
I and numbers 1, 2, 3, 4 and 5 for Ponce II; for
the indexes of Federal Liens number 1 for Ponce
I and number 1 for Ponce II and from the indexes
of the Registry of Judgments number 2 for Ponce
I and number 1 for Ponce II, the specific name
of H.P.Y. Inc. DOES NOT APPEAR, looking under
the letter "H" as an encumbered debtor.
----- No certification is given as to other
particulars.
----- AND FOR THE RECORD, in accordance with what
has been requested, I issue the present document
which I sign, seal and initial in Ponce, Puerto
Rico at three p.m. on October 22, 1987.
A-130
(Sgd./illegible)
Fees: $6.00 Atty. José L. Purcell Terré6n
Comp. no. C-1894303-$6.00 Property Registrar
Act 3/August 12, 1982 Ponce Section II
Eb
(Department of Justice seal]
A-13i1
CERTIFIED TRANSLATION
FORM DJ-103
REV. 8/60
CERTIFICATION NOTEBOOK
COMMONWEALTH OF PUERTO RICO
DEPARTMENT OF JUSTICE
PROPERTY REGISTRY
SECTION II FOR PONCE
(Seal for the Property Registry]
CERTIFICATION
concerning plot number (39,436) 5867 recorded on
page 115 of volume (1374) 578 of Ponce II.
Issued on the 22nd of October of 1987 at the behest of
Atty. Ronald L. Rosenbaum
A-132
Commonwealth of Puerto Rico
Department of Justice
Property Registry
Section II for Ponce
ATTORNEY JOSE L. PURCELL TERRON, Property
Registrar for Puerto Rico, Section Ii for Ponce
and its Mortgage Demarcation:
I CERTIF Y
----- That at the request of Atty. Ronald L.
Rosenbaum, we have examined the legible books
for this Registry in our custody, and it APPEARS
from these:
----- FIRST: That the piece of property:
previously number 39,436 for Ponce I, presently
number 5867 for Ponce II appears described on
page 115 of the volume: previously 1374 for
Ponce I, presently 578 for Ponce II, ist entry
as follows:
A~-133
RURAL: Piece of land located in Canas
Ward in the municipal district of Ponce,
Puerto Rico, with a Surface area of ONE
HUNDRED ELEVEN THOUSAND THREE HUNDRED
FORTY-SEVEN SQUARE METERS AND FIFTY-FIVE
CENTIMETERS (111,347.55) equivalent to
TWENTY-EIGHT AND THREE THOUSAND THREE
HUNDRED THIRTY-THREE TEN-THOUSANDTHS
CUERDAS (28.3333) bounded on the North by
the remaining sixty-one point six thousand
Six hundred sixty-seven cuerdas of the
original ninety cuerdas, for a distance of
one thousand one hundred thirty-nine point
five hundred eighty-seven meters
(1,139.587) and in a direction of seventy-
eight degrees, forty-six minutes’ and
fifty-four seconds North by East. On the
South by land belonging to the Punto de
Oro Development for a distance of one
thousand ninety-five point six hundred
eighteen meters (1,095.618) and a
direction of seventy-eight degrees, fifty-
A-134
seven minutes and fifty-three seconds
South by West. On the East, by land
belonging to the Punto Oro Development,
for a distance of sixty-five point nine
hundred thirty-eight (65.938) meters in a
direction of four degrees, two minutes and
three seconds South by East, and a
distance of thirty-seven point zero
seventy-two meters (37.072), in a
direction of three degrees, forty-one
minutes and forty-seven seconds South by
West. On the West, by land belonging to
the Mario Mercado and Sons Partnership,
from which the ninety cuerda parcel was
subdivided from which the parcel described
herein is subdivided, for a distance of
one hundred one point one hundred eighty-
five meters (101.185) in a direction of
twenty-six degrees, thirteen minutes and
seven seconds North by West.
SECOND: That the piece of property
A-135
described above is entered on behalf of H.P.Y.
INC., a corporation organized and existing under
the laws of the State of Delaware, represented
in the execution by Mildred Ulmo, of legal age,
Single, a secretary and resident of Carolina,
with accredited authority, who acquired it by
way of purchase for a price of $282,000.00; in
virtue of deed number 40, executed in San Juan,
on November 10, 1981, before the notary William
Joseph Luckeroth, written in the English
language; as referred to in the 6th entry of
said property, made on page 52 of volume 705 for
Ponce II.
“cece THIRD: That the status of said property as
far as encumbrances and liens is as follows:
coceee BY WAY OF ORIGIN: From the ist entry of
said property made on page 115 of the volume:
previously 1374 for Ponce I, presently 578 for
Ponce II, it appears that this property is
subject to the following encumbrances due to its
A-136
origin: Entry for a complaint for dissolution
of partnership, civil case number CS-57-2295 and
rights-of-way in the name of the Commonwealth of
Puerto Rico.
----- ON ITS OWN BEHALF: Said property is found
to be FREE OF ENCUMBRANCES:
OBSERVATION
sooce That on page 22 of volume I of the Registry
of Liens for the Commonwealth of Puerto Rico for
Ponce II there is a lien entered against James
T. Barnes (prior owner of this property) for a
piece of urban property located in Canas Ward
with an area of 90 cuerdas, and with the
following boundaries: NW: Parcel no. 2; SW:
‘410-0000-010-01; SE: Parcel no. 15 and NE:
Parcel no. 15 to answer to the amounts of:
$76,670.28 for taxes; $7,666.96 for surcharges
and $18,606.36 for costs, for a total of:
$102,943.60, due on property taxes; entered with
A-137
the order number: 088, case number: 630106409;
date of presentation and recording: December
26, 1979 and date of the certificate: December
26, 1979.
----- That on page 99 of volume I of the Registry
of Liens due to the Commonwealth of Puerto Rico
of Ponce II there is a entry entered against
James T. Barnes of P.R. Inc., (prior owner of
this property) on a piece of rural property,
Punto Oro Main Property, with an area of 90
cuerdas, and with the following boundaries:
North: Municipal Dump and Jardines del Caribe
Development; South: Road from Ponce to
Guayanilla; East: Canas River and West:
Pastillo River; to answer to the sums of
$76,670.28 for taxes; $17,976.12 for surcharges
and $7,666.96 for costs, for a total of:
$102,313.36 due for property taxes; entered with
the order number: 0394; date of presentation
and recording: October 20, 1980 and date of the
certificate, October 17, 1980.
A-138
----- From the indexes of the Registry of Liens
owed to the Commonwealth of Puerto Rico of Ponce
I, numbers 65, 66, 67, 68, 69 and 70 for Ponce
I and numbers 1, 2, 3, 4 and 5 for Ponce II; for
the indexes of Federal Liens number 1 for Ponce
I and number 1 for Ponce II and from the indexes
of the Registry of Judgments number 2 for Ponce
I and number 1 for Ponce II, the specific name
of H.P.Y. Inc. DOES NOT APPEAR, looking under
the letter "H," as an encumbered debtor.
----- No certification is given as to other
particulars.
----- AND FOR THE RECORD, in accordance with what
has been requested, I issue the present document
~~ I sign, seal and initial in Ponce, Puerto
Rico at three p.m. on October 22, 1987.
(Sgd./illegible)
Fees: $6.00 Atty. José L. Purcell Terrén
Comp. no. C-1894303-$6.00 Property Registrar
Act 3/August 12, 1982 Ponce Section II
Eb
[Department of Justice seal}
A-139
CERTIFIED TRANSLATION
FORM DJ-103
REV. 8/60
CERTIFICATION NOTEBOOK
COMMONWEALTH OF PUERTO RICO
DEPARTMENT OF JUSTICE
PROPERTY REGISTRY
SECTION II FOR PONCE
[Seal for the Property Registry}
CERTIFICATION
concerning plot number (43,077) 5869 recorded on
page 111 of volume (1440) 598 of Ponce II.
Issued on the 22nd of October of 1987 at the behest of
Atty. Ronald L. Rosenbaum
Commonwealth of Puerto Rico
Department of Justice
Property Registry
Section II for Ponce
ATTORNEY JOSE L. PURCELL TERRON, Property
Registrar for Puerto Rico, Section II for Ponce
and its Mortgage Demarcation:
eocoo= That at the request of Atty. Ronald L.
Rosenbaum, we have examined the legible books
for this Registry in our custody, and it APPEARS
from these:
--<--- FIRST: That the piece of property:
previously number 43,077 for Ponce I, presently
number 5869 for Ponce II appears described on
page 111 of the volume: previously 1440 for
Ponce I, presently 598 for Ponce II, list entry
as follows:
RURAL: parcel of land located in Canas
Ward—in-the—municipal district of Ponce,
Puerto Rico with an area of ELEVEN POINT
SIX THOUSAND SIX HUNDRED SIXTY-SIX CUERDAS
equivalent to FORTY-FIVE THOUSAND EIGHT
HUNDRED FIFTY-FOUR POINT FOUR THOUSAND
FORTY-SIX SQUARE METERS (45,854.4046),
bounded on the North by a parcel identi-
A-141
fied by the letter (A) on the subdivision
map made by the engineer, Rafael Desai
Lines, in other words, with more land from
the ninety cuerda parcel from which this
- parcel is subdivided, said boundary being
a single alignment of one thousand one
hundred fifty-five point three hundred
fifty (1,155.350) meters; on the South by
one single alignment of one thousand one
hundred thirty-nine point five hundred
eighty-seven meters, bounded by land
subdivided from the ninety cuerda parcel
identified as Parcel] "p" on the above-
mentioned map made by the engineer, Rafael
Dosal Lines; on the East, by one Single
alignment of forty point fifteen meters
bounded by the Punto oro Development, and
On the West by one Single alignment of
forty-one point five hundred four (41.504)
meters, bounded by more land from the main
parcel known as Hacienda Matilde, property
belonging to the Mario Mercado and Sons
A-142
Partnership.
----- In the document that gave rise to the 2nd
entry of said property on the back of page 112
of the previously mentioned volume it is said
that it is bound on the East by one single
alignment of forty-one point five hundred four
(41.504) meters bounded by more land from the
main parcel known as Hacienda Matilde, property
belonging to the Mario Mercado and _ “Sons
Partnership, from which the ninety cuerda parcel
was subdivided, omitting the Western boundary.
----- SECOND: That the piece of property
described above is entered on behalf of H.P.Y.
INC., a corporation organized and existing under
the laws of the State of Delaware, represented
in the execution by Mildred Ulmo, of legal age,
single, a secretary and resident of Carolina,
with accredited authority, who acquired it by
way of purchase for a price of $113,000.00; in
virtue of deed number 40, executed in San Juan,
A~-143
on November 10, 1981, before the notary William
Joseph Luckeroth, written in the English
language; as referred to in the 6th entry of
said property, made on page 116 of the
previously mentioned volume 705.
----- THIRD: That the status of said property as
far as encumbrances and liens is as follows:
----- BY WAY OF ORIGIN: From the ist entry of
said property previously mentioned, it appears
that this property is subject to the following
encumbrances due to its origin: Entry for a
complaint for dissolution of partnership, civil
case number CS-57-2295 and rights-of-way in the
name of the Commonwealth of Puerto Rico.
~>---ON ITS OWN BEHALF: Said property is found
to be FREE OF ENCUMBRANCES:
A-144
OBSERVATION
co--- That on page 22 of volume I of the Registry
of Liens for the Commonwealth of Puerto Rico for
Ponce II there is a lien entered against James
T. Barnes (prior owner of this property) for a
piece of urban property located in Canas Ward
with an area of 90.00 cuerdas, and with the
following boundaries: NW: Parcel no. 2; SW:
410-0000-010-01; SE: Parcel no. 15 and NE:
Parcel no. 15 to answer to the amounts of:
$76,670.28 for taxes; $7,666.96 for surcharges
and $18,606.36 for costs, for a total of:
$102,943.60, due on property taxes; entered with
the order number: 088, case number: 630106409;
date of presentation and recording: December
26, 1979 and date of the certificate: December
26, 1979.
-<---- That on page 99 of volume I of the Registry
of Liens due to the Commonwealth of Puerto Rico
of Ponce II there is a lien entered against
A-145
James T. Barnes of P.R. Inc., (prior owner of
this property) on a piece of rural property,
located in Punto Oro - Main Property, with an
area of 90 cuerdas, and with the following
boundaries: North: Municipal Dump and Jardines
del Caribe Development; South: Road from Ponce
to Guayanilla; East: Canas River and West:
Pastillo River; to answer to the sums of
$76,670.28 for taxes; $17,976.12 for surcharges
and $7,666.96 for costs, for a total of:
$102,313.36 due for property taxes; entered with
the order number: 0394; date of presentation
and recording: October 20, 1980 and date of the
certificate, October 17, 1980.
~---=From the indexes of the Registry of Liens
owed to the Commonwealth of Puerto Rico of Ponce
I, numbers 65, 66, 67, 68, 69 and 70 for Ponce
I and numbers 1, 2, 3, 4 and 5 for Ponce II; for
the indexes of Federal Liens number 1 for Ponce
I and number 1 for Ponce II and from the indexes
of the Registry of Judgments number 2 for Ponce
A-146
I and number 1 for Ponce II, the specific name
of H.P.Y. Inc. DOES NOT APPEAR, looking under
the letter "H," as an encumbered debtor.
----- No certification is given as to other
particulars.
----- AND FOR THE RECORD, in accordance with what
has been requested, I issue the present document
which I sign, seal and initial in Ponce, Puerto
Rico at three p.m. on October 22, 1987.
(Sgd./illegible)
Fees: $6.00 Atty. José L. Purcell Terrén
Comp. no. C-1894303-$6.00 Property Registrar
Act 3/August 12, 1982 Ponce Section II
eb
[Department of Justice seal]
A-147
CERTIFIED NS ON
FORM DJ-103
REV. 8/60
CERTIFICATION NOTEBOOK
COMMONWEALTH OF PUERTO RICO
DEPARTMENT OF JUSTICE
PROPERTY REGISTRY
SECTION II FOR PONCE
(Seal for the Property Registry]
CERTIFICATION
concerning plot number (44,915) 5870 recorded on
page 282 of volume (1488) 625 of Ponce II.
Issued on the 23rd of October of 1987 at the behest of
Atty. Ronald L. Rosenbaum
| cae a
A-148
Commonwealth of Puerto Rico
Department of Justice
Property Registry
Section II for Ponce
ATTORNEY JOSE L. PURCELL TERRON, Property
Registrar for Puerto Rico, Section II for Ponce
and its Mortgage Demarcation:
I CERTIFY
coo-- That at the request of Atty. Ronald L.
Rosenbaum, we have examined the legible books
for this Registry in our custody, and it APPEARS
from these:
----- FIRST: That the piece of property:
previously number 44,915 for Ponce I, presently
number 5870 for Ponce II appears described on
page 282 of the volume: previously 1488 for
Ponce I, presently 625 for Ponce II, 1st entry
as follows:
A-149
RURAL: Parcel of land located in Canas
Ward in the municipal district of Ponce,
Puerto Rico with a surface area of forty-
five thousand eight hundred forty-nine
point three thousand five hundred thirty-
nine square meters (45,849.3539),
equivalent to eleven point six hundred
sixty-six (11.666) cuerdas. Bounded on
the North, in one single direction and for
a distance of one thousand one hundred
seventy point nine hundred _ seventeen
meters by the parcel marked "A" on the map
made by the engineer, Rafael Dosal Lines;
on the South, in a single direction and
for a distance of one thousand one hundred
fifty-five point three hundred fifty
meters by the parcel marked "C" on the
above-mentioned map that was subdivided
from the ninety cuerda parcel from which
remainder this parcel is subdivided; on
the East, in a single direction by land
belonging to the Punto Oro Development for
A-150
a distance of thirty-nine point four
hundred eighty-four meters; and on the
West, in a single direction and for a
distance of forty-one point zero sixty-
five meters, by property from the Hacienda
Matilde, belonging to the Mario Mercado
and Sons Partnership from which the ninety
cuerdas were subdivided from which
remainder this parcel is subdivided.
----- SECOND: That the piece of property
described above is entered on behalf of H.P.Y.
INC., a corporation organized and existing under
the laws of the State of Delaware, represented
in the execution by Mildred Ulmo, of legal age,
single, a secretary and resident of Carolina,
with accredited authority, who acquired it by
way of purchase for a price of $113,000.00; in
virtue of deed number 40, executed in San Juan,
on November 10, 1981, before the notary William
Joseph Luckeroth, written in the’ English
language; as referred to in the 6th entry of
A-151
said property, made on the back of page 286 of
the previously mentioned volume.
oocee THIRD: That the status of said property as
far as encumbrances and liens is as follows:
---e= BY WAY OF ORIGIN: From the ist entry of
said property that was previously mentioned, it
appears that this property is subject to the
following encumbrances due to its origin:
Notice of a complaint for Dissolution of
Partnership, and rights-of-way in the name of
the Commonwealth of Puerto Rico.
----- ON ITS OWN BEHALF: Said property is found
to be FREE OF ENCUMBRANCES:
OBSERVATION
wiieiniate That on page 22 of volume I of the Registry
of Liens for the Commonwealth of Puerto Rico for
Ponce II there is a lien entered against James
A-152
T. Barnes (prior owner of this property) for a
piece of urban property located in Canas Ward
with an area of 90.00 cuerdas, and with the
following boundaries: NW: Parcel no. 2; SW:
410-0000-010-01; SE: Parcel no. 15 and NE:
Parcel no. 15; to answer to the amounts of:
$76,670.28 for taxes; $7,666.96 for surcharges
and $18,606.36 for costs, for a total of:
$102,943.60, due on property taxes; entered with
the order number: 088, case number: 630106409;
date of presentation and recording: December
26, 1979 and date of the certificate: December
26, 1979.
----- That on page 99 of volume I of the Registry
of Liens due to the Commonwealth of Puerto Rico
for Ponce II there is a lien entered against
James T. Barnes of P.R. Inc., (prior owner of
this property) on a piece of rural property,
Punto Oro Main Property, with an area of 90
cuerdas, and with the following boundaries:
North: Municipal Dump and Jardines del Caribe
A~-153
Development; South: Road from Ponce to
Guayanilla; East: Canas River and West:
Pastillo River; to answer to the sums of
$76,670.28 for taxes; $17,976.12 for surcharges
and .$7,666.96 for costs, for a total of:
$102,313.36 due for property taxes; entered with
the order number: 0394; date of presentation
and recording: October 20, 1980 and date of the
certificate, October 17, 1980.
----- From the indexes of the Registry of Liens
owed to the Commonwealth of Puerto Rico for
Ponce I, numbers 65, 66, 67, 68, 69 and 70 of
Ponce I and numbers 1, 2, 3, 4 and 5 for Ponce
II; for the indexes of Federal Liens number 1
for Ponce I and number 1 for Ponce II and from
the indexes of the Registry of Judgments number
2 for Ponce I and number 1 for Ponce II, the
specific name of H.P.Y. Inc. DOES NOT APPEAR,
looking under the letter "H," as an encumbered
debtor.
A-154
----- No certification is given as to other
particulars.
----- AND FOR THE RECORD, in accordance with what
has been requested, I issue the present document
which I sign, seal and initial in Ponce, Puerto
Rico at three p.m. on October 23, 1987.
(Sgd./illegible)
Fees: $6.00 Atty. José L. Purcell Terrén
Comp. no. C-1894303-$6.00 Property Registrar
Act 3/August 12, 1982 Ponce Section II
eb
[Department of Justice seal]
A-155
CERT D N 0)
FORM DJ-103
REV. 8/60
CERTIFICATION NOTEBOOK
COMMONWEALTH OF PUERTO RICO
DEPARTMENT OF JUSTICE
PROPERTY REGISTRY
SECTION II FOR PONCE
[Seal for the Property Registry]
CERTIFICATION
concerning plot number (44,916) 9463 recorded on
page 290 of volume (1488) 625 of Ponce II.
Issued on the 23rd of October of 1987 at the behest of
Atty. Ronald L. Rosenbaum
A-156
Commonwealth of Puerto Rico
Department of Justice
Property Registry
Section II for Ponce
ATTORNEY JOSE L. PURCELL TERRON, Property
Registrar for Puerto Rico, Section II for Ponce
and its Mortgage Demarcation:
I CERTIF ¥
corre That at the request of Atty. Ronald L.
Rosenbaum, we have examined the legible books
for this Registry in our custody, and it APPEARS
from these:
----- FIRST: That the piece of property:
previously number 44,916 for Ponce I, presently
number 9463 for Ponce II appears described on
page 290 of the volume: previously 1488 for
Ponce I, presently 625 for Ponce II, list entry
as follows:
a a |
A-157
RURAL: Parcel of land located in Canas
Ward in the municipal district of Ponce,
Puerto Rico with a surface area of ELEVEN
POINT SIX HUNDRED ' SIXTY-SIX (11.666)
CUERDAS equivalent to FORTY-FIVE THOUSAND
EIGHT HUNDRED FORTY-NINE POINT THREE
THOUSAND FIVE HUNDRED THIRTY-NINE SQUARE
METERS. Bounded on the North, in one
single direction and for a distance of one
thousand eighty-eighty point six hundred
seventy meters by the parcel marked "A" on
the subdivision map made by the engineer,
Rafael Dosal Lines; on the South, in a
single direction and for a distance of one
thousand one hundred seventy point nine
hundred seventeen meters by the parcel
marked “5p” on the above-mentioned
subdivision map that was subdivided from
the ninety cuerda parcel from which
remainder this parcel is subdivided; on
the East, in a single direction by land
belonging to the Punto Oro Development for
A-158
a distance of thirty-eight point nine
hundred ninety-three meters; and on the
West, in a single direction and for a
distance of forty point two hundred forty-
three meters, by property from the
Hacienda Matilde, belonging to the
Trusteeship for the Mario Mercado and Sons
Partnership from which the ninety cuerdas
were subdivided from which remainder this
parcel is subdivided.
----- SECOND: That the piece of property
described above is entered on behalf of H.P.Y.
INC., a corporation organized and existing under
the laws of the State of Delaware, represented
in the execution by William Joseph Luckeroth,
its legal representative, of legal age,
divorced, an attorney and resident of Santurce,
with accredited authority, who acquired it by
way of purchase at a public auction for a price
of $17,345.00; in virtue of deed number 33,
executed in San Juan, on March 12, 1985, before
ee
A-159
the notary Rafael E. Robles Diaz, which together
with other supplementary documents gave rise to
the 4th entry of said property, made on the back
of page 292 of the previously mentioned volume.
--<--- THIRD: That the status of said property as
far as encumbrances and liens is as follows:
----- BY WAY OF ORIGIN: From the list entry of
said property that was previously mentioned, it
appears that this property is subject to the
following encumbrances due to its. origin:
Notice of a complaint for Dissolution of
Partnership, and rights-of-way in the name of
the Commonwealth of Puerto Rico.
-----ON ITS OWN BEHALF: Said property is found
to be FREE OF ENCUMBRANCES:
OBSERVATION
----- That on page 22 of volume I of the Registry
A-160
of Liens for the Commonwealth of Puerto Rico for
Ponce II there is a lien entered against James
T. Barnes (prior owner of this property) for a
piece of urban property located in Canas Ward
with an area of 90.00 cuerdas, and with the
following boundaries: NW: Parcel no. 2; SW:
410-0000-010-01; SE: Parcel no. 15 and NE:
Parcel no. 15; to answer to the amounts of:
$76,670.28 for taxes; $7,666.96 for surcharges
and $18,606.36 for costs, for a total of:
$102,943.60, due on property taxes; entered with
the order number: 088, case number: 630106409;
date of presentation and recording: December
26, 1979 and date of the certificate: December
26, 1979.
oo--- That on page 99 of Volume I of the Registry
of Liens due to the Commonwealth of Puerto Rico
for Ponce II there is a lien entered against
James T. Barnes of P.R. Inc., (prior owner of
this property) on a piece of rural property,
Punto Oro Main Property, with an area of 90
a |
A-161
cuerdas, and with the following boundaries:
North: Municipai Dump and Jardines del Caribe
Development; South: Road from Ponce to
Guayanilla; East: Canas River and West:
Pastillo River; to answer to the sums of
$76,670.28 for taxes; $17,976.12 for surcharges
and $7,666.96 for costs, for a total of:
$102,313.36 due for property taxes; entered with
the order number: 0394; date of presentation
and recording: October 20, 1980 and date of the
certificate, October 17, 1980.
----- From the indexes of the Registry of Liens
owed to the Commonwealth of Puerto Rico for
Ponce I, numbers 65, 66, 67, 68, 69 and 70 for
Ponce I and numbers 1, 2, 3, 4 and 5 for Ponce
II; for the indexes of Federal Liens number 1
for Ponce I and number 1 for Ponce II and from
the indexes of the Registry of Judgments number
2 for Ponce I and number 1 for Ponce II, the
specific name of H.P.Y. Inc. DOES NOT APPEAR,
A-162
Looking under the letter “HH,” as an encumbered
debtor.
----- No certification is given as to other
particulars.
<<< AND FOR THE RECORD, in accordance with what
has been requested, I issue the present document
which I sign, seal and initial in Ponce, Puerto
Rico at three p.m. on October 23, 1987.
(Sgd./illegible)
Fees: $6.00 Atty. José L. Purcell Terrén
Comp. no. C-1894303-$6.00 Property Registrar
Act 3/August 12, 1982 Ponce Section II
eb
[Department of Justice seal]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.