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2002R10- WATERLINE AND TEMPORARY COSTRUCTION EASEMENTS RESOLUTION NO. 0,1.. - tf- /0 RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE COUNTIES AND RELATED MATTERS WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined that public welfare and convenience requires the construction, operation, and maintenance of a water pipeline system, along a route in Gonzales and Guadalupe Counties, Texas; and WHEREAS, pursuant to its power of eminent domain as outlined in Sections 251.001 and 402.011 of the Texas Local Government Code, as amended, and other pertinent statutory authority, the City Council of the City has determined that the acquisition of certain water pipeline easements and temporary construction easements in connection therewith, over, across, upon and under certain properties in Gonzales and Guadalupe Counties, Texas by purchase or by eminent domain proceedings, is necessary for the public welfare-and-convenience purpose of constructing, operating, maintaining, repairing, relocating, replacing and removing a water pipeline system; and WHEREAS, duly approved offers based on written appraisals by independent real estate appraisers for the fair cash market value of each of the water pipeline easements and temporary construction easements to be bought or acquired out of the following tracts, to wit: INTERNAL TRACT LANDOWNER COUNTY ~ ABSTRACT ACRES illY!'!E!! GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector A-270 90.82 and more fully described in Exhibit "A", have been transmitted to each of the owners thereof, along with a copy of the appraisal as to each parcel, and the owners have been unable to agree with the City of Schertz as to the fair cash market value of each described tract, and further negotiations have become futile. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SCHERTZ, TEXAS THAT: SECTION 1: Public necessity requires that the City of Schertz acquire certain water pipeline easements and temporary construction easements in connection therewith, over, across, upon and under certain privately owned real properties in Guadalupe County, Texas, to wit: INTERNAL TRACT LANDOWNER COUNTY ~ ABSTRACT ACRES OWNED GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector A-270 90.82 more fully described in Exhibit "A" attached hereto and made a part hereof for all purposes for the public purpose of constructing, operating, maintaining, repairing, relocating, replacing and removing a water pipeline system to be constructed. Public RESOLUTION (SCHERTZ - 07/31102) Page 1 of3 necessity also requires that the City of Schertz acquire the rights of ingress and egress over and across such lands either through purchase or by the process of eminent domain and that the City of Schertz take all other lawful action necessary and incidental to such purchases or eminent domain proceedings. SECTION 2: It is hereby determined that the City of Schertz has in fact transmitted bona fide offers and copies of the real estate appraisals in support thereof to each of the owners of the property interests sought to be acquired and as required by law, but the City of Schertz and the owners of such property interests have been unable to agree and cannot agree upon the value of such property interests or the damages to be paid, and further settlement negotiations have become futile. SECTION 3: The City Council hereby directs and authorizes the City Manager, staff, agents, and retained attorneys to institute and prosecute to conclusion all necessary proceedings to condemn the property interests described above herein and to acquire all such interests that the City of Schertz is unable to acquire through negotiation by reason of its inability to agree with the owner thereof as to the damages to the landowner, and to take any other legal action necessary and incidental to such purchases or eminent domain proceedings. SECTION 4: All acts and proceedings done or initiated by the employees, agents, and attorneys of the City of Schertz for the acquisition of such property are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid in all respects as of the respective dates thereof with and in regard to the grantors from whom such rights have been or are being acquired. SECTION 5: If any provisions, sections, subsections, sentences, clauses or phrase of this Resolution, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council of the City of Schertz, Texas in adopting this Resolution that no portion thereof, or provisions or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. SECTION 6: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 7: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters ordained herein. SECTION 8: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. RESOLUTION (SCHERTZ - 07/31/02) Page 2 of3 SECTION 9: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10: This Resolution shall be in force and effect from and after its final passage and it is so resolved. ::(/~ PASSED AND APPROVED on this ~ day of ~1 ,/'--7 c;6 I ~e:/ Mayor City of Schertz, Texas ,2002. ATTEST: ~.~ City Secretary City of Schertz, Texas RESOLUTION (SCHERTZ - 07131/02) Page 3 oB STATE OF TEXAS COUNlY OF GUADALUPE Viculr Ciana, Jr.. c:t ax GU.IO'7B field notcs oC a temporary casement 20 f~t ill width. being 011, under and Kross a 90.82 acre ttDCt of bncl conveyed from Sepin SQtc DanIt 11114 Txusl Company to Viclor Guza. Jr., and wifc:. Marie T. CiUZil by WilmDty Deed dated March 17, 1994 and recorded in Volume 1088, Plge 483 oCtile Official Records ofGua.da1upe County, Tau; Said tempotar)' c:uemt:D1 is c:ampriscd of I panion oC the Claibom P.cctot SlIMlY, Absuac:t 270. is situated in Guadalupe CoUllt)'. Texas, lIIld is desc:ribed by metes and bounds aa f'olloWIII Beginning at the nonheut comer of said 20.00 foollempOtal'Y easemeDl, said comer beariDg S 2a- 22' 49" Eo 210.43 feet. S 60. 45' 43" W, 107.24 (eet, fi'om the north comer of said 90.82 acre U'Kt aad _aid comer being on the south boundaty of II SchcrUIScguin Local Govel'llD1Cl1t CorporatiOD (S/SLCiC) 30.00 fool wide pc:nnaDCDC pipeline easemem; Thence S 290 14' 17" B wilh the out boundllry of this ~mporuy easement, 20.00 teet, to tho 1O\IdleaIit co= ofthili casement; 111c:DCC S 600 45' 43" W with tbc SQUib boundary o( this 20.00 foot wide ranporary easclDllDl aad rwmmg 20.00 feet 801M of anci pamllellO .aid S1SLCiC 30.00 foot pmnancnt pipeline cucment, IS0.00 feel, lO the SOUIhwesl comer of this temporary easemenI: Thencc N 29. 14' 17" W wilh the MlS~ boundary of lhis temporary ealClDCnt, 20.00 feet, to tbe DOt1hWelit comer of this temporary ClISIlJDCUt. Slid comer being on die soudl bouDcIuy of said SJSLGC 30.00 fooc pCtmaJ1ent pipeliPc easement; Thence N 60.45' 43" 2 with the north boundary of this tClllpOrary eascmmlt, the same hems the SOllth boundary of said S1SLGC 30.00 toot penuancm pipelitle casemcut, 150.00 rect, to the PolDt of DegIDDiog and cOl1mining 0.07 BctOS of land, more: or less. 20' TcmpDl'iIl'Y Eascmem LCIlSth - 150.00 (cot 20' Temporary Easmx:m Ac:reagc -= 0.07 "'rei 1, George RubalcabD, Registered Professional Land Surveyor ofTexu, do hczcby SUtIlwt this is a crue and c:om:ct description of 11I1 ",mal survC)' made Oll the grQuad, this the 28lh day of lune. 2002. ~ EXHIBIT "A" Page 1 of 2 Pages 1 , NORTH CORNER OF' 90.82 ACRE TRACT CLAIBORN RECTOR A-270 ...- '" '" '" / / '" ",'" '" '" '" / / / / '" "" t!:P. .-!'. "'./ /.'f/ /.:')~ / "" '" ......!:j... / ,/ /. ~c.dDi.,~bo '" / '" A ?'''-,QI' /",:",/~1;;~~~"/ ~ .\1~ .30' KOCH PIPElINE CO. '" '" / '" ,/ "ij~'?91 j)" <:,'l.~\~~ EASEMENT: V-B94. '" / '" / '" ~1/ I). &..":J~ '1: . P-510. ORGUCT~'" /'" /// '" /<1 ~Jo.? ~ '" / '" / / /.,/ // .. ~ \'?\) 20' TEMPORARY / / / / /.;' / ,/ ,1~ EASEMENT (20'1l150') '" '" Z / '\~ . /'" '" "," // ~~"\J~ / / '" / " / / / / ,;",,,,:,,~,,,/' /",," / " .;',/ " 50' S/SLCC TEMPORARY /' CONSTRUCTION EASEMENT / /' /' . It. 30' S/SLGC PERMANENT EASEI.IENT @u- 1 07S) VICTOR GARZA. ET UX 90.82 ACRES V-l088. p-483, aRCueT 5 1 or Ii" :;: ;; ~ oil ~ S 20' TOAPORARY EASEMENT LENGTH = 150.00 F'EEl 20' TEMPORARY EASEMENT ACREAGE · 0.07 ACRES o I 100' ~ 200' J gJW SnlNO MCl5~ I\ND AI&oc;""res. IN(:. II'IGINl!BKS ~ CONaI..TAJn'$ SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT 8 20' TEMPORARY EASEMENT TEXAS CUADALUPE COUNTY SCl\Lt GRAPHIC ,u-~--'- c..., QIrhU. ~ 7M'J. SHEET GUt07S QRAW\NC No. GU107BPLT Exhibit "A" Page 2 of 2 Pages