2009R47-Condemnation Allen Jung, Jr. RESOLUTION N0.09-R-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO ALLEN JUNG, JR.
WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined
that public welfare and convenience requires the construction of a sewer line in Comal County,
Texas; and
WHEREAS, in connection therewith, the City has found and determined and hereby finds
and determines that public convenience and necessity require and that it is necessary and in the
public interest for the City to enter upon, appropriate, take, acquire, hold and enjoy, by purchase
or condemnation, the fee simple title to a sewer line easement tract and a related temporary
construction easement in Comal County, Texas, together with any and all improvements located
thereon, more particularly described in the Statement and Petition in Condemnation attached
hereto as Exhibit A which is incorporated herein (the "Statement and Petition");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AS FOLLOWS:
Section 1. Public convenience and necessity require and it is necessary and in the
public interest that the City, through one or more of its duly authorized officers, agents,
employees and/or attorneys, acquire, hold and enjoy, by purchase or condemnation, the fee
simple title to a sewer line temporary construction easement in Comal County, Texas, together
with all improvements located thereon, as more particularly described in the Statement and
Petition.
Section 2. The terms and provisions of the Statement and Petition are hereby adopted
and approved, and are necessary and essential for the public purpose and use of the construction
of the Town Creek Sewer Line (Phase 3) in Comal County, Texas.
Section 3. As negotiations to acquire the fee simple title to the sewer line easement
and the temporary construction easement described in the Statement and Petition have been
unsuccessful, the officers, agents, employees and/or attorneys of the City are, and each
individually is hereby authorized in the name and for and on behalf of the City to institute and
file or cause to be filed and instituted condemnation proceedings to acquire for the City said fee
simple title to said sewer line easement and the temporary construction easement for the public
purposes and use by the City as set forth herein and in the Statement and Petition, and are further
authorized to take any and all action they deem necessary or desirable, to effectuate the purpose
and intent of the foregoing Resolutions.
50239462.1
Approved, this 22nd day of September, 2009.
CITY OF SCHERTZ, TEXAS
Mayor c D - ern.
(SEAL)
Attest:
City Secretary
50239462.1 - 2 -
EXHIBIT A
Statement and Petition
in
Condemnation
See attached
50239462. I A-1
CAUSE NO.
CITY OF SCHERTZ, TEXAS, § IN THE DISTRICT COURT OF
Plaintiff, §
v. § COMAL COUNTY, TEXAS
ALLEN JUNG, JR., §
Defendant. §
STATEMENT AND PETITION IN CONDEMNATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the City of Schertz, Texas, hereinafter referred to as "Plaintiff',
complaining of Allen Jung, Jr., hereinafter referred to as "Defendant", and would respectfully
show as follows:
I.
Plaintiff is a Home Rule City, with authority to exercise the power of eminent domain as
set out in Section 251.001 of the Texas Local Government Code, as amended. Defendant is a
property owner in Comal County, Texas. Defendant may be served at the offices of his attorney,
Mr. Barron Casteel, 254 East Mill Street, New Braunfels, Texas 78130.
II.
Plaintiff is engaged in the location and construction of a sewer line. In accordance with
the statutes and other laws of this State, including Section 251.001 of the Texas Local
Government Code, Plaintiff is duly vested with and has the right and power of eminent domain
and is empowered to enter upon and condemn the land and property of any person or corporation
necessary for the location, construction, widening, maintenance, and operation of sewer lines,
and for any other municipal purpose the governing body of the Plaintiff considers advisable. By
50239467.1
reason thereof, Plaintiff is affected with a public interest and use under the statutes and other
laws of the State of Texas.
III.
In connection with the sewer line, Plaintiff has heretofore found and determined that
public convenience and necessity require and that it is necessary and in the public interest for the
Plaintiff to take and acquire by condemnation the title to a sewer line easement tract and a related
temporary construction easement (hereinafter called the "Property") in Comal County, Texas.
The Property shall be used and occupied by Plaintiff for the purpose of establishing, locating,
constructing, and maintaining a sewer line. The Property is described in Exhibit A attached
hereto and made a part hereof for all purposes.
IV.
The owner or owners of, or the people or entities owning, holding, or claiming an interest
in the Property described in Exhibit A, as far as is known to Plaintiff, is the proper Defendant
herein. However, should it be disclosed or discovered that other parties own or claim some
interest in the Property, then Plaintiff reserves the right to amend and include and make such
persons parties to this condemnation suit.
V.
Plaintiff specifically alleges that it cannot agree and has failed to agree with the
Defendant on the value of the Property, the improvements located thereon, if any, and the
damages, if any, to the remainder land owned by the Defendant, although Plaintiff has heretofore
in good faith attempted to reach such agreement with the Defendant, and has made the Defendant
a fair offer for the same. Such offer has been refused, any further attempt by Plaintiff to agree
with the Defendant would be futile, and Plaintiff has no recourse but to seek condemnation of the
Property, and any improvements located thereon, for the above stated public purpose and use.
50239467.1 - 2 -
VI.
A Landowner's Bill of Rights statement has been provided to the Defendant in
accordance with TEx. PROP. CODE ANN. § 21.0112 (Vernon Supp 2007); TEX. GOVT CODE ANN.
§ 402.031 (Vernon Supp 2007).
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested
freeholders be appointed as Special Commissioners to assess the damages of the Defendant as
required by law and to file their written decision and award, all as provided by law, to the end
that Plaintiff shall have a final judgment and decree of condemnation vesting in Plaintiff the
Property and all improvements thereon, for writ of possession and any other process necessary to
enforce the condemnation award and judgment, for costs of suit, for pre judgment and
post judgment interest, and for such other and further relief, general and special, at law and in
equity, to which Plaintiff may show itself justly entitled.
FULBRIGHT & JAWORSKI L.L.P.
By:
Stephen J. Romero
State Bar No. 24046756
300 Convent, Suite 2200
San Antonio, Texas 78205
Telephone: (210) 224-5575
Facsimile: (210) 270-7205
Attorney for Plaintiff
City of Schertz, Texas
50239467.1 - 3 -
EXHIBIT A
The Property
See attached
50239467.1 A-1
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ENGINEEKING~ INS.
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Date: May 18, 2009 Page 1 oJ?
Project No: 1124.2603
S.E. Parcel 2 -Line "C"
16 foot Sanitary Sewer Easement
A 0.512 acre (22,286.0 sq. fr.) sanitary sewer easement situated in the Calvin P. Abbott
Survey No. 262, Abstract No. 18, being a portion of that certain 43.31 acre tract
conveyed to Allen A. Jung and Linda S. Jung recorded in Volume 185, Page 805 of the
Deed Records of Corral County, Texas and being more particularly described as follows:
BECINMNC: at a point for the Northeastern comer of this sanitary sewer easement on
,the Southern line of that certain 85.469 acres conveyed to HGV Investments recorded in
Document No. 200906010500 of the Official Public Records of Corral County, Texas,
the Northern line of the said 43.31 acre tract from which a point for the Northeastern
comer of the said 43.31 acre tract bears N SS°52'42" E - 1094.00 feet
THENCE: S 24°00'38" E - 155.81 feet across the said 43.31 acre tract to a point for a
corner of this sanitary sewer easement;
TKENCF:: S 32°49'26" E - 360.76 continuing across the said 43.31 acre tract to a point
for a comer of this sanitary sewer easement;
T1iENCE: S 5 I°06'50" E - 274. t 2 feet continuing across the said 43.31 acre tract to a
point for a corner of this sanitary sewer easement;
~ `T1iENCE: S 78°42'02" E - 287.49 feet continuing across the said 43.31 acre tract to a
point for a corner of this sanitary sewer easement;
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lTIiENCE: S 48°17'52" E - 312.40 feet continuing across the said 43.31 acre tract to a
I ,point on the Northwestern line of F.M. Road No. 482 for the Southeastern corner of this
jsanitary sewer easement from which a inch iron rod found for the Southeastern corner
.of the said 43.31 acre tract bears N 39° 10' 19" E - 713.92 feet;
,TEiENCE: S 39° 10' 19" W - 16.02 feet along the Southeastern line of the said 43.31
acre tract, the Northwestern line of said F.M. Road No. 482 to a point for the
;Southwestern comer of this sanitary sewer easement;
THENCE: N 48°17'52" W - 308.75 feet across the said 43.31 acre tract to a point for a
comer of this sanitary sewer easement;
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THENCE: N 78°42'02" W - 287.07 feet continuing across the said 43.31 acre tract to a
.point for a corner of this sanitary sewer easement;
• ~ THENCE: N S 1 °06'SO" W - 280.62 feet continuing across the said 43.31 acre tract to a
point for a comer of this sanitary sewer easement;
J THENCE: N 32°49'26" W - 364.57 feet continuing across the said 43.31 acre tract to a
i point for a corner of this sanitary sewer easement;
THENCE: N 24°00'38" W - 154.17 feet continuing across the said 43.31 acre tract•to a
point on the Northern line of the said 43.31 acre tract, the Southern line of the said 85.469
j acre tract for the Northwestern corner of this sanitary sewer easement;
I THENCE: N SS°49'41" E - 16.25 feet along said line to the POINT OF BI?GINNfNC
. ~ and containing O.S 12 acres (22,286.0 sq. ft.) of land; according [o a survey made under
my supervision;
;Bearings are oriented to Lambert Grid, Texas Sou[h Cenral Zone, NAD 83
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PROJECT NO.: 71262609 Sl1RVEY SE LINE •C PARCEL 2 OF THE DEED RECORDS
t)RAKH BY: RL.N. OF COAIAt. COUNTY, TEXAS
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Date: May 1$, 2009 Page 1 of
Project No: 1124.2603
C.E. Parcel 2 -Line "C"
25 foot Construction Easement
A 0.796 acre (34,673.9 sq. ft.) construction easement situated in the Calvin P. Abbott
;Survey No. 262, Abstract No. l 8, being a portion of that certain 43.31 acre tract
conveyed to Allen A. Jung and Linda S. lung recorded in Volume 185, Pagc 805 of the
Deed Records of Comal County, Texas and being more particularly described as follows:
BEGINNING: at a point for the Northeastern corner of this construction easement on the
.Southern line of that certain 85.469 acres conveyed to HGV Investments recorded in
Document No. 200906010500 of the OfOcial Public Kecords of Comal County, Texas,
the Northern lint of the said 43.31 acre tract from which a point for the Northeastern
corner of the said 43.31 acre tract bears N SS°52'42" E - 1068.60 feet
TEIENCE: S 24°00'38" E - 158.36 feet across the said 43.31 acct tract to a point for a
corner of this construction easement;
. THENCE: S 32°49'26" E - 354.81 continuing across the said 43.31 acre tract to a point
for a comer of this construction easement;
THENCE: S S 1°06'50" E - 263.95 feet continuing across the said 43.31 acre tract to a
.point for a corner of this construction easement;
~TEi~NCE: S 78°42'02" E 288.14 feet continuing across the said 43.31 acre tract to a
point for a corner of this construction easement;
;THENCE: S 48°17'52" E - 318.08 feet continuing across the said 43.31 acre tract to a
point on the Northwestern line of F.M. Road No. 482 for the Southeastern corner of this
;construction easement from which a inch iron rod found for the Southeastern comer of
the said 43.31 acre tract bears N 39° 10' 19" E - 688.90 feet;
THENCE: S 39° 10' 19" W - 25.02 feet along the Southcastcm lint of the said 43.31
acre tract, the Northwestern line of said F.M. Road No. 482 to a point for the
Southwestern corner of this construction casement;
THENCE: N 48°17'52" W - 312.40 feet across the said 43.31 acre tract to a point for a
comer of this construction easement;
_ , FCJKI) _____ENGINEEKING,~ INC.
Page 2 of 2
THENCE: N 78°42'02" W - 287.49 feet continuing across the said 43.31 acre tract to a
!point for a comer of this conswction easement;
THENCE: N 51°06'0" W - 274.12 fret continuing across the said 43.31 acre tract to a
point for a comer of this construction easement;
:THENCE: N 32°49'26" W - 360.76 feet continuing across the said 43.31 acre tract to a
point for a comer of this conswction casement;
THENCE: N 24°00'38" W - 155.81 feet continuing across the said 43.31 acre tract to a
point on the Northern line of the said 43.31 acre tract, the Southern line of the said 85.469
;acre tract for the Northwestern comer of this construction easement;
i `TtIENCE: N 55°49'4 I" E - 25.40 feet along said line to the POINT OF BEGINNING
and containing 0.796 acres (34,673.9 sq. ft.) of land; according to a survey made under
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i Bearings are orienled to Lambert Grid, Texas South Central Zane, NAD 83
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THIS PLAT WAS PREPARE FROM AN ACI7JAL SURVEY tE. OF T~, PLAT SHOWING _
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DRAIIRL er: R.LJL OF COMM. COUNTY. TEXAS
DATE: 65.1b2004
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