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2002R06- CHARLES E. HILLERT RESOLUTION NO. OZ-R-& RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A STATEMENT AND PETITION IN CONDEMNATION RELATING TO CHARLES E. HILLERT WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined that public welfare and convenience requires the widening of a street and utility right-of-way, Lower Seguin Road, along a route in Bexar 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, the fee simple title to a tract ofland in Bexar 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 tract ofland in Bexar 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 ofthe establishment, location, construction, widening and maintenance of a street and utility right-of-way, Lower Seguin Road, in Bexar County, Texas; and Section 3. As negotiations to acquire the fee simple title to the tract of land described in the Statement and Petition have been unsuccessful, and in the event such negotiations continue to be unsuccessful, 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 fee simple title to said tract of land 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. Approved, this hJ!!day of -.t:}..IA1..L (SEAL) Attest: , 2002. CITY OF SCHERTZ, TEXAS k'~c~~~ #2l2l652vl< /815094 2- !../ . ... ~-J CAUSE NO. CITY OF SCHERTZ, TEXAS 9 9 9 9 9 9 9 TH JUDICIAL DISTRICT IN THE DISTRICT COURT VS. CHARLES E. HILLERT BEXAR COUNTY, TEXAS 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 Charles E. Hillert, hereinafter referred to as "Defendant," whether one or more, and would respectfully show as follows: 1. 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. Defendant is a property owner in Bexar County, Texas. Defendant maybe served at Rt. 1, Box 226, Converse, Texas 78154. II. Plaintiff is engaged in the establishment, location, construction, maintenance and widening of a street and utility right-of-way, Lower Seguin Road. In accordance with the laws and statutes of this State, including Section 251.001 of the Texas Local Government Code, Plaintiffis 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 street and utility rights-of-way, and for any other municipal purpose the governing body of the Plaintiff considers advisable. By reason thereof, Plaintiff is affected with a public interest and use under the statutes and laws ofthe State of Texas. EXHIBIT 205097 I A III. Plaintiff is now engaged in the location, construction and widening of a street and utility right-of-way in Bexar County, Texas. In connection with the street and utility right-of-way, Lower Seguin Road, 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 fee simple title to a tract ofland (hereinafter called the "Property"), together with all improvements thereon, in Bexar County, Texas. The Property shall be used and occupied by Plaintiff for the purpose of establishing, locating, constructing, widening and maintaining a street and utility right-of-way. The description of the Property is contained 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" attached hereto, as far as is known to Plaintiff, is the Defendant herein. However, should it be disclosed or discovered that other parties own or claim some interest in the said lands, 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 Defendant on the value of the Property, the improvements located thereon, and the damages, if any, to the remainder land owned by 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 and any further attempt by Plaintiff to agree with Defendant would be 205097 2 futile, and Plaintiffhas no recourse but to seek condemnation ofthe Property, and any improvements located thereon, for the above stated public purpose and use. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested freeholders be appointed as Special Commissioners to assess the damages of 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. Respectfully submitted, FULBRIGHT & JAWORSKI L.L.P. By: Jeffrey L. Bryan State Bar No. 00796266 300 Convent Street, Suite 2200 San Antonio, Texas 78205 Telephone: (210) 270-7151 Facsimile: (210) 270-7205 Attorney for the City of Schertz 205097 3 I I I I I I I I 1!l I I I I , I I I I I I 1 I . '. December 15, 1997 Job No. 46140.02 Account No.: C.S.J. No.: County: Highway: Project Limits: 0915-12-180 Bexar Lower Seguin Road From: F.M. 1604 To: F.M. 1518 FIELD NOTES FOR PARCEL 17 Being 0.082 of one hectare or 815 square meters (0.201 of one acre or 8,777 square feet) of land more or less out of the Jeronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, Bexar County, Texas, also being out ofa 14.302 hectare (35.34 acre) tract ofland described and conveyed unto Charles E. Hillert in a deed dated January 11, 1979, and recorded in Volume 1412, Page 623, Official Public Records of Real Property, Bexar County, Texas and more particularly described by metes and bounds as follows: BEGINNING at a 12.7 mm (112") rebar with a Castella & Assoc. plastic cap set for the most southerly comer of this parcel, on the existing north right-of-way line of Lower Seguin Road at the common comer of said 14.302 hectare (35.34 acre) tract and a 1..819 hectare (4.494 acre) tract of land described and conveyed unto Edward S. Doublet and wife, Marline H. Doublet in a deed dated March 4, 1981 and recorded in Volume 2249, Page 801, Official Public Records of Real Property, Bexar County, Texas; 1. THENCE NORTH 30021' 05" West, departing said existing right-of-way line, along the common line of said 14.302 hectare (35.34 acre) tract and said 1.819 hectare (4.494 acre) tract, a distance of 2.488 meters (8.16 feet) to a 12.7 mm (1/2") rebar with a Castella & Assoc. plastic cap set for the most westerly comer of this parcel, and being on the proposed right-of-Way line of Lower Seguin Road, which point is left 12.005 meters (39.39 feet) from and at a right angle to survey control line station 04+097.228; 2. THENCE NORTII 580 59' 24" East, along the proposed right-of-way line of Lower Seguin Road, a distance of243.906 meters (800.21 feet) to a 12.7 mm (1/2") rebar with a Castella & Assoc. plastic cap set for an angle point of this parcel; which point is left 13.046 meters (42.80 feet) from and at a right angle to survey control line station 04+341.132; 3. THENCE NORTH 59052' 21" East, continuing with said proposed right-of-way line a distance of 7.462 meters (24.48 feet) to a 12.7 rom (1/2") rebar with a Castella & Assoc. plastic cap set for the most northerly corner of this parcel, and being of the common line of the aforementioned 14.302 hectare (35.34 acre) tract, and a 5.471 Page 1 of2 EXHIBIT I A I j . . j j i ji II i I i i I II II II II , iI -., . hectare (13.52 acre) tract ofland described and conveyed unto Conrad J. Hillert in a deed dated January 11, 1979 and recorded in Volume 1412, Page 627, Official Public'Records of Real Property, Bexar County, Texas, from which the most northerly comer of said 14.302 hectare (35.34 acre) tract bears North 300 39' 53" West, and a distance of 567.054 meters (1860.41 feet), which point is left 12.963 meters (42.53 feet) from and at a right angle to survey control line station 04+348.598; 4. THENCE soum 30039' 53" East, departing said proposed right-of-way line with said common line a distance of3.889 meters (12.76 feet) to a 12.7 mm (1/2") rebar with a Castella & Assoc. plastic cap set for the most easterly comer of this parcel, on the aforementioned existing right-of-way line of Lower Seguin Road at the common comer of the aforementioned 14.302 hectare (35.34 acre) tract and said 5.471 hectare (13.52 acre) tract ofland; 5. THENCE soum 590 20' 08." West, along said existing right-of-way line a distance of251.377 meters (824.73 feet) to the POINT OF BEGINNING and containing 0.082 of one hectare (0.201 of one acre) ofland more or less. The basis of bearing recited herein is based on The Texas Department of Transportation State Plane Coordinate datwn. This description was prepared from a survey made on the ground by employees ofW. F. Castella & Assoc.! Inc. There is a plat of survey with even survey date. 4ft 4 1L Michael Haberer, RPLS# 2501 NOTE: English units are provided for information only. Page 2 0[2 CAUSE NO. CITY OF SCHERTZ, TEXAS ~ s ~ ~ ~ 9 ~ TH JUDICIAL DISTRICT IN THE DISTRICT COURT VS. CHARLES E. HILLERT BEXAR COUNTY, TEXAS 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 Charles E. Hillert, hereinafter referred to as "Defendant," whether one or more, 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. Defendant is a property owner in Bexar County, Texas. Defendant may be served at Rt. 1, Box 226, Converse, Texas 78154. II. Plaintiff is engaged in the establishment, location, construction, maintenance and widening of a street and utility right-of-way, Lower Seguin Road. In accordance with the laws and statutes of this State, including Section 251.001 ofthe 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 street and utility rights-of-way, and for any other municipal purpose the governing body ofthe Plaintiff considers advisable. By reason thereof, Plaintiff is affected with a public interest and use under the statutes and laws of the State of Texas. 205097 III. Plaintiff is now engaged in the location, construction and widening of a street and utility right-of-way in Bexar County, Texas. In connection with the street and utility right-of-way, Lower Seguin Road, 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 fee simple title to a tract ofland (hereinafter called the "Property"), together with all improvements thereon, in Bexar County, Texas. The Property shall be used and occupied by Plaintiff for the purpose of establishing, locating, constructing, widening and maintaining a street and utility right-of-way. The description ofthe Property is contained 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" attached hereto, as far as is known to Plaintiff, is the Defendant herein. However, should it be disclosed or discovered that other parties own or claim some interest in the said lands, 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 Defendant on the value of the Property, the improvements located thereon, and the damages, if any, to the remainder land owned by 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 and any further attempt by Plaintiff to agree with Defendant would be 205097 2 futile, and Plaintiffhas no recourse but to seek condemnation ofthe Property, and any improvements located thereon, for the above stated public purpose and use. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested freeholders be appointed as Special Commissioners to assess the damages of 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. Respectfully submitted, FULBRIGHT & JAWORSKI L.L.P. By: Jeffrey L. Bryan State Bar No. 00796266 300 Convent Street, Suite 2200 San Antonio, Texas 78205 Telephone: (210) 270-7151 Facsimile: (210) 270-7205 Attorney for the City of Schertz 205097 3 FULBRIGHT & JAWORSKI L.L.P. TELEPHONE: 210/224-5575 FACSIMILE: 210/270-7205 A REGISTERED LIMITED LIABILITY PARTNERSHIP 300 CONVENT STREET, SUITE 2200 SAN ANTONIO, TEXAS 7B205 HOUSTON WASHINGTON, D.C. AU5T1 N SAN ANTONIO DALLAS NEW YORK LOS ANGELES MINNEAPOLIS LONDON MUNICH HONG KONG WRITER'S INTERNET ADDRESS: jbryan@fulbright.com WRITER'S DIRECT DIAL NUMBER: 210/270-7151 June 5, 2002 Via First Class Mail Re: Lopez and Hillert Resolutions Mr. Dewey Cashwell City Manager City of Schertz, Texas 1400 Schertz Parkway P. O. Drawer 1 Schertz, Texas 78154 Dear Mr. Cashwell: Enclosed please find City Council resolutions authorizing condemnation actions with respect to the Hillert and Lopez properties. Once proper notice has been issued and these have been approved, I would appreciate you returning signed copies to me at your convenience. For your information, we are in the process of updating the title searches that were originally done on these properties some time ago. We expect a response to these inquiries shortly. Also, I have enclosed separate drafts of the condemnation petitions that we propose to file with respect to the Hillert and Lopez properties. I would appreciate it if the City would review these petitions to make sure that the information contained therein, such as the address of the landowners and the legal description ofthe property to be condemned, is accurate. Please contact me with any revisions that need to be made. Finally, we had previously sent to you drafts of final offer letters with copies ofthe appraisals to be sent to the landowners with respect to these properties. Our office received copies ofthe final offer letters sent out by the City to the landowners. These copies reflect that only the first two pages of the appraisals were attached to the final offer letters. However,!h~ rel~vant statute requires that full copies ofthe appraisals be sent. Therefore, we would appreciate it if you or someone else at the City could send to Mr. liiIlert a~d Ms. Lopez complete copies of the appraisals that we had previously sent to you. It would be wise to send the appraisal via certified mail or by hand delivery so that we could have some proof of receipt. Also, the transmittal letter, should you chose to send one, would need to say no more than something along the lines of the following: "Enclosed please find a copy of the City's appraisal of your property." If you need additional copies of the entire appraisal, we would be happy to send them to you. I apologize for any confusion created by my original letter sending over these appraisals. June 5, 2002 Page 2 Should you have any questions or concerns about the enclosed, please do not hesitate to contact me. I look forward to your response. Very truly yours, J~~~~ JLB Enclosures cc: Ms. Norma Althouse City Secretary City of Schertz, Texas 1400 Schertz Parkway P. O. Drawer 1 Schertz, Texas 78154 w/enc1osures Mr. Ron Youngblood City Planner City of Schertz, Texas 1400 Schertz Parkway P. O. Drawer 1 Schertz, Texas 78154 w/out enclosures Mr. Michael Spain (Firm) w/out enclosures