2002R05- SANTOS LOPEZ
RESOLUTION NO. OZ-R~
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION
RELATING TO SANTOS LOPEZ
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 / ;./A day of ~-YU,
,2002.
CITY OF SCHERTZ, TEXAS
/7iL~
MAYOR
(SEAL)
Attest:
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CAUSE NO.
CITY OF SCHERTZ, TEXAS
SANTOS LOPEZ
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TH JUDICIAL DISTRICT
IN THE DISTRICT COURT
VS.
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 Santos Lopez, 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 with process at 326 Wright Blvd., Universal City,
Texas 78148.
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
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EXHIBIT
A
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 of the State of Texas.
m.
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.
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Such offer has been refused and any further attempt by Plaintiff to agree with Defendant would be
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
#30261 133vl
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CAUSE NO.
SANTOS LOPEZ
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TH JUDICIAL DISTRICT
CITY OF SCHERTZ, TEXAS
IN THE DISTRICT COURT
VS.
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 Santos Lopez, 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 with process at 326 Wright Blvd., Universal City,
Texas 78148.
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, 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
#3026ll33vl
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 of the State of Texas.
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.
#30261 133vl
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Such offer has been refused and any further attempt by Plaintiff to agree with Defendant would be
futile, and Plaintiffhas no recourse but to seek condemnation of the 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
#3026l133vl
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December 15, 1997
Job No. 46140.02
Account No.:
C.S.!. No.:
County:
Highway:
Project Limits:
0915-12-180
Bexar
Lower Seguin Road
From: F .M. 1604
To; F.M.1518
FIELD NOTES FOR PARCEL 7
Being 0.050 of one hectare or 503 square meters (0.124 of one acre or 5,414 square feet) ofland,
more or less, out of the Jeronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, Bexar
County, Texas, also being out of a 0.809 of one hectare (2.00 acre) tract of land, as described and
conveyed unto Ambrocio Lopez Jr. and wife, Santos Lopez in a deed dated December 29, 1977 and
recorded in Volwne 8325, Page 46, Deed and Plat Records, Bexar County, Texas and more
particularly described by metes and bounds as follows:
BEGINNING at a 12.7 mm (1/2") rebar found on the existing north right-of-way line of
Lower Seguin Road for the most southerly comer of this parcel, said rebar being the common
comer of said 0.809 of one hectare (2.00 acres) ofland and a 7.392 hectare (18.265 acre)
tract of land described and conveyed unto Ollie G. Bw-kett and wife, Dereda Bw-kett in a
deed dated June 11, 1973 and recorded in Volwne 7109, Page 825, Deed and Plat Records,
Bexar County, Texas;
1.
THENCE NORTH 290 40' 31" West, departing said existing right-of-way line along the
common line of said 0.809 of one hectare (2.00 acre) tract and said 7.392 hectare (18.265
acre) tract, a distance of 5.764 meters (18.91 feet) to a 12.7 nun (112") rebar with a Castella
& Assoc. plastic. cap set on the proposed right-of-way line of Lower Seguin Road for the
most westerly comer of this parcel, from which the most westerly comer of said 0.809 of one
hectare (2.00 acre) tract bears North 290 40' 31" West, and a distance of 120.071 meters
(393.93 feet), which point is left 15.000 meters (49.21 feet) from and at a right angle to
survey control line station 02+798.119;
2.
THENCE NORTH 590 48' 00" East, crossing said 0.809 of one hectare (2.00 acre) tract,
along said proposed right-of-way line, a distance of 84.533 meters (277.34 feet) to a 12.7
rom (112") rebar with a Castella & Assoc. plastic cap set for the most northerly comer of this
parcel, said rebar is also on the common line of the 0.809 of one hectare (2.00 acre) tract and
the remaining portion of another 0.809 of one hectare (2.00 acre) tract of land, described and
convey~d unto Luis Trevino and wife Juanita Trevino in a deed dated September 4, 1968 and
recorded in Volume 6021, Page 267, Deed and Plat Records, Bexar County, Texas; which
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EXHIBIT
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point is left 15.000 meters (49.21 feet) from and at a right angle to swvey control line station
02+882.652;
3. THENCE SOUTH 290 50' 04" East, along said common line, a distance of 6.137 meters
(20.13 feet) to a 25.4 mm (1 ") iron pipe found for the most easterly comer of this parcel, said
pipe being on the aforementioned existing north right-of-way line of Lower Seguin Road at
the common comer of said 0.809 of one hectare (2.00 acre) tract and the remainder of said
0.809 of one hectare (2.00 acre) tract;
4. THENCE SOUTH 600 03' 11" West, along said existing right-of-way line, a distance of
84.547 meters (277.38 feet) to the POINT OF BEGINNING and containing 0.050 of one
hectare (0.124 of one acre) ofland, more or less.
The basis of bearing recited herein is based on The Texas Department of Transportation State Plane
Coordinate datum. This description was prepared from a survey made on the ground by employees
of W. F. Castella & Assoc., Inc. There is a plat of survey with even swvey date.
/fl/J/~ "
Michael Haberer, RPLS #2501
NOTE: English units are provided for information only.
C.\WPWINIDOCIDES\A6I_1-DC
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