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2003R05- APRROVING A STATEMENT AND PETITION IN CONDEMNATION 30437434.1 RESOLUTION NO. OJ -If -05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A STATEMENT AND PETITION IN CONDEMNATION RELATING TO FELIX LEON WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined that public welfare and convenience requires the construction of a drainage right-of-way and the relocation of an existing sewer line in Guadalupe County, Texas; and WHEREAS, in connection therewith, the City 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, title to a tract of land in Guadalupe County, Texas, together with any and all improvements located thereon, and a permanent easement upon a tract of land in Guadalupe County, Texas, said tract of land and easement more particularly described in the Field Notes attached collectively hereto as Exhibit A which is incorporated herein (the "Field Notes"); 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, title to a tract of land in Guadalupe County, Texas, together with any and all improvements located thereon, and a permanent easement upon a tract of land in Guadalupe County, Texas, as more particularly described in the Field Notes; Section 2. The acquisition of the tract of land and easement described in the Field Notes is necessary and essential for the public purpose and use of the establishment, location, construction, and maintenance of a drainage right-of-way and the relocation of an existing sewer line, in Guadalupe, County, Texas; and -1- Section 3. As negotiations to acquire the drainage right-of-way and easement described in the Field Notes have been unsuccessful, and, in the event such negotiations are not successful (as determined by the City Manager) as of the date which is the eighth day after the City's final offer was received by the owner of the land described in the Field Notes, the officers, agents, employees and/or attorneys of the City be, and each individually is 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 drainage right-of-way and easement for the public purposes and use by the City as set forth herein, 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. 'J 1-f4 Approved, this E!:::!.L day ofM2.rch, 2003. " CITY OF SCHERT , TEXAS ~ { MAYOR (SEAL) Attest ~:lse~ 30437434.\ -2- ----- . .' jl Date: October 14, 2002 Project No: 1121.7106 FIELDNOTES DESCRIBING A 1.018 ACRE (44,327 SQ. FT.) DRAINAGE RIGHT-OF-WAY, PARCEL NO. 107 Fieldnotes describing a 1.018 acre drainage right-of-way situated in the G. Malpaz Survey No. 67, City of Schertz, Guadalupe County, Texas, and out of a 3.76 acre tract recorded. in Volume 767, Page 1335, Official Public Records, Guadalupe County, Texas and more particularly described as follows: BEG1NNING at a W' iron rebar found in the north right-of-way line of Ebel Road, at the east comer of the 3.76 acre tract and this right-of-way, a.distance of 5.70 feet southeast from the'south comer of Lot 1, Block 1, Guadalupe County Substation Subdivision, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; THENCE, S 59028'16" W, 132.43 feet along the northwest right-of-way line of Ebel Road, to a Y2" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the south corner of this right-of-way; THENCE, N 30029'10" W, 52.64 feet into the 3.76 acre tract, to a '12" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set at the beginning of a curve to the left of this right-of-way; THENCE, with said curve to the left, having a radius of618.00 feet, a delta angle of 24013'29", an arc length of261.29 feet (chord N 42035'55" W, 259.35 feet) to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the west corner of this parcel in the north line of the 3.76 acre tract and the south line of a 34 acre tract recorded in Volume 1688, Page 277 Official Public Records, Guadalupe County, Texas; 11 r 1'1 Ii 11 Ij I 'I THENCE, N 61059'16" E, 187.15 feet along the conunon line of the 34 acre tract and the 3 .76 acre tract to a 1h" iron rebar found for the northeast comer of this parcel and 3.76 acre tract and southeast corner of the 34 acre tract and in the west line of said Lot 1; r I ; I , i ;i I I I I THENCE, S 30027'43" E, 298.04 feet to the POINT OF BEGINNING and containing 1.018 acres (44,327 sq. ft.) ofland according,to a survey made by Ford Engineering, Inc. under my supervision. Basis of Bearing is NAD 1983 Texas State Plane coordinates South Central Zone. Corresponding plat was .prepared. } 121.71 06P ARCEL I 07FN.4s>c ,. . . ,,-.: :'.. "~;'..... - :,;'.:J _u--.__ \5':-;-...~ t _.~'T ~ 0 F .,. \:s:j;\' ;"\'/~', ......... (!'":Ii /;t,o'~..c;\ S T t'.9",+ .r) A... ,.'<v ~ ~"'""l , .'" C/):~ ~ 0 '.(11 ! f) ...;..,......................:... \~ .~,~~,~.~:..~.~~.~~~~.~~. ,V .-<) 3682 .....,- :v <' ".'9 '\>".:~ O::.>I;1/.~~ts S\~:'\Ov WI .,I,>v() ....... ~ ~'J n SUR'J~ c..~':.:-\::-1~!::~?" J~ 'rl mJJ Fred McMichael, R.P.L.S. No. 3682 EXHIBIT I A w '~"" ~_"_,_,,,_'_,_,.m . " ._...,. ._.."!"'. _'__"",""~_,'"~'~.~_~~AA~._~'_"_"_"~"~'~ Date: November 15, 2002 Project No: 1121.7106 FIELDNOTES DESCRIBING A 0.181 ACRE (7,875 SQ. FT.) 25.00 FOOT SEWER EASEMENT Fieldnotes describing a 0.181 acre sewer easement situated in the G. Malpaz Survey No. 67, City of Schertz, Guadalupe County, Texas, out of a 3.76 acre tract recorded ill Volwne 767, Page 1335, Official Public Records, Guadalupe County, Texas and more partiCijlarly described as follows:" ".< BEGINNING at a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set in the north right-of-way line of Ebel Road for the east comer of this easement situated for reference S 59028'16" W, 132.43 feet from a ~"iron rebar found, atth~ east comer of the 3.76 acre tract; 1 . THENCE, S 59028'16" W, 25.00 feet along the northwest right-of-way line ofEbel Road to a YJ" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the south comer of this easement; . THENCE, N 30029'10" W, 52.66 feet: into the 3.76 acre tract, to a W'iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set at the beginning of a CUIVe to the left of this easement; TIiENCE, with said curve to the left, having a radius of593.00 feet, a delta angle of 2502T43", an arc length of263.53 feet (chord N 43013'02" W, 261.36 feet) to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the west comer of this easement in the north line of the 3.76 acre tract and the south line ora 34 acre tract recorded in Volwne 1688, Page 277 Official Public Records, Guadalupe County, Texas; TIiENCE, N 62059'23" E, 8.31 feet along the common line of the 34 acre tract and the 3.76 acre tract to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for an angle point; THENCE, N 61059'16" E, 19.91 feet continuing' along the conunon line of the 34 acre tract and the 3.76 acre tract to a YJ" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the north corner of this easement at the beginning o~ a curve to the right in the southwest line of a proposed ~e right-of-way; THENCE, into the 3.76 acre tract with. said right-of-way and said CUIVe to the right, having a radius of618.00 feet, a delta angle of24013'29", an arc length of261.29 feet (chord S 42035'55" E, 259.35 feet) to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for a point of tangency of this easement; TIIENCE, S 30029'10" E, 52.64 feet to the POINT OF BEGINNING and containing 0.181 acres (7,875 sq. ft.) ofland according to a sUIVey made by Ford Engineering, Inc. ~der my supervision. 'I Basis of Bearing is NAD 1983 Texas State Plane coordinates South Central Zone. Corresponding plat was prepared. 1121. 71 06LeonSMFN.doc fk;}l .7J/JJ Fred McMichael, R.P.L.S. No. 3682 .. -- r