2003R04- APRROVING A STATEMENT AND PETITION IN CONDEMNATION
30437433.1
RESOLUTION NO. ()3-tf- tJ1-
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION
RELATING TO AUSTOFIELD PARTNERS NO.1 LTD., AUSTOFIELD
PARTNERS NO.2 LTD., AND AUSTOFIELD PARTNERS NO.3 LTD.
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 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, more
particularly described in the Field Notes attached 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, as more particularly
described in the Field Notes;
Section 2. The acquisition of the tract of land
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, in
Guadalupe County, Texas; and
Section 3. As negotiations to acquire the
drainage right-of-way described in the Field Notes
have been unsuccessful, and, in the event such,
negotiations are not successful (as determined by
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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 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 ofthe foregoing Resolutions.
Approved, this s2il!rtay of March, 2003.
CITY OF SCHERTZ, TEXAS
(SEAL)
Attest: .
JJ1?-$ly~
City Se etary
30437433.1
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THENCE, N 30029'31" W, 1,821.62 feet along the common line of the drainage right-of-
way platted with S.C.D.C.I.S.D. Athletic Complex Subdivision and the west line of the
41.418 acre tract to the POINT OF BEGINNING and containing 11.582 acres of land
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.
1 121. 71 06AustoFN.doc
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Fred McMichae~ RP L.S. No. 3682
1 .
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Date: November 8, 2002
Project' No: 1121.7106
FIELDNOTES DESCRIBING AN 11.582 ACRE
DRAINAGE RIGHT-OF-WAY
Fieldnotes describing an 11.582 acre drainage right-of-way situated in the G. Malpaz
Survey No. 67, Abstract 221, City of Schertz, Guadalupe County, Texas, out of a 41.418
acre tract recorded in Volume 1535, Page 19, Official Public Records, Guadalupe
County, Texas and more particularly described as follows:
BEGlNNING at a W' iron rebar found on the south right-of-way line ofElbel Road at the
northeast comer of a drainage right-of-way dedication platted with S.C.U.C.I.S.D.
Athletic Complex Subdivision recorded in Volume 6, Page 394, Plat Records, Guadalupe
County, Texas and the northwest comer of the 41.418 acre tract;
THENCE, N 59055'21" E, 175.01 feet along the south right-of-way line of Elbel Road
and the north line of the 41.418 acre tract to a W' iron rebar with a yellow plastic cap
stamped "Ford Eng., Inc." set for the northeast comer of this right-of-way;
THENCE, S 30029'30" E, 1476.99 feet into the 41.418 acre tract to a W' iron rebar with
a yellow plastic cap stamped "Ford Eng., Inc." set for the beginning of a curve to the left
of this right-of-way;
THENCE, with said curve to the left, having a radius of 143.00 feet, a delta angle of
89055'24", an arc length of224.43 feet (chord S 75027'12" E, 202.10 feet) to a W' iron
rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for a point of tangency of
this right-of-way;
THENCE, N 59035'06" E, 386.79 feet to a W' iron rebar with a yellow plastic cap
stamped "Ford Eng., Inc." set for a comer of this right-of-way on the west right-of-way
line ofF..M. 3009 (120 foot right-of-way) and the east line of the 41.418 acre tract;
THENCE, S 30024'54" E, 325.00 feet along the west right-of-way line ofF.M: 3009 and
the east line of the 41.418 acre tract to a W' iron rebar with a yellow plastic cap stamped
"Ford Eng., Inc." set for the southeast comer of this right..of-way;
THENCE, S 59035'06" W, 386.79 feet into the 41.418 acre tract to a W' iron rebar with a
yellow plastic cap stamped "Ford Eng., Inc." set for the beginning of a curve to the right
of this right-of-way;
THENCE, with said curve to the right, having a radius of 468.00 feet, a delta angle of
42043 '37", an arc length of349.00 feet (chord S 80056'55" W, 340.97 feet) to a point for
the southwest corner of this right-of-way in the east line of the drainage right-of-way
platted with S.C.UC.I.S.D. Athletic Complex Subdivision and the west line of the 41.418
acre tract situated for reference N 30029'31" W, 0.28 feet from a W' iron rebar found;
EXHIBIT
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