Appendix — HPY Inc. v. Electric Power Authority

Supreme Court brief1993

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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[NOT FOR PUBLICATION]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.

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