2002R02- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENT
RESOLUTION NO. tJt2. -If-02
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:
Edna Koehler (Life Estate),
Lenroy Koehler, Shelby
Koehler, Frances Caroline
Durben, James Koehler,
Larry Koehler, Calvin
Koehler, Dennis Koehler,
and Betty Joyce WiIlemin
Guadalupe
William Brackin A-57
ACRES
~
2.260
INTER.'1AL
....IRM:L
GU-139B
t.A:'oIDOWNER
~
~ A8STR,\CT
GU-147F
Core Ventures, Inc.,
a Nevada Corporation
Guadalupe
G. Malpaz A-22l
2.733
and more fully described in Exhibits "A" through "B", 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:
RESOLUTION
(SCHERTZ - 03/19/02)
Page 1 of3
I~TER~AL
~
GU-147F
LA~DOW~ER COUNTY ~ ABSTRACT ACRES
~
Edna Koehler (Life Estate), Guadalupe William Brackin A-57 2.260
Lemoy Koehler, Shelby
Koehler, Frances Caroline
Durben, James Koehler,
Larry Koehler, Calvin
Koehler, Dennis Koehler,
and Betty Joyce Willemin
Core Ventures, Inc., Guadalupe G. Malpaz A-22l 2.733
a Nevada Corporation
GU-139B
more fully described in Exhibits "A" through "B" 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
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.
RESOLUTION
(SCHERTZ - 03/19/02)
Page 2 of3
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.
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 It/I/... day of , '1a.Le/l ,2002.
/!&~
Mayor
City of Schertz, Texas
ATTEST:
m~~~~
~"""t City ecr ta
~City of Schertz, Texas
RESOLUTION
(SCHERTZ - 03/19/02)
Page 3 of3
~ar-15-0Z 10:24am
From-CITY OF SEGUIN
830-401-2499
Exhibit "A"
STATe 01' TeXAS
Edna K()(hlcr (Life
Estatc), Lcnroy
Koehler, Sbdby 1Coehlcr,
Fran<:cl ClIIoliDc Du:rbcn,
lames KochIcf, Lmy
Koehler, Calvin Koeblct,
Dellllis Koehler, and Betty
Joyc;c Wi!lemin
au .139B
CO~TYOFGUADALUPE
Permanent Eascment
Ficld notes o{the centerline Ilra pipelillG eascmellt30.00 feet in width, bein!: OD, under and across
II 2.26 acre 1I'Ict of land out of IUI 85.61 acre U'act of land, more or 1e&s, conveyed by Warranty Deed,
recorded in Volumo 657, Pa~e 442, Volume 719, P:lge 1325 and Volume 851, PaSC 781, all Cram the Deed
Rceords of Guadalupe COlinI)', TOQl;
Said pipeline easement Is compriaed of a portion of1he William Brllekin Survey, Abstract 57, i&
situated in Guadalupe: Counl)', Texu, IUId is described by meteS and bounds as follows:
Besiluling at a pomt in 1M notlhwau line of laid 2. 26 a~n Inel fat the north and of thiJ easement,
whence the wo:st comer of uid 2.26 acre U'aCt bears S 59. 23' 56" W, a distanCe: of 65.0 I feel:
Thence in a southeuterly direction with Ihe cenwrlinc of said easement, as follow&:
S 31. 28' 00" E,
S 7So 27' 26" E,
242,62 Ceeli
78.65 feet,
to a poiflt in the southe&S\ lillG of ,.i4 2.26 acre tract for the southeast ond of ulis easetnenl, whence the
somh eOl11er of said 2.26 acre u:act bears S ,.,. 34' S6" W,. distance of t 19.64 teel;
Additionally, Il ~O.oo foo\ wido lCl"llpo=y work casemenl, for the ptupOse of eonstr\lctlon of.
wale.' pipeline, said lcmpor.&rY worK ol$Cment abutlin!; ponioDS of cho sollth and north boundarlel of the
above described ~O.oo fool wide pipeline easemenl as ahown on Exlubil B of the above de~n'bed 30 fool
wide pipeline easemenl. and che Outer b01JZldarie! of laid temporary work U:lernent being more panic:ularly
c1Cicribcd by metes and bou1\ds as follows:
Temporal')' Eascment 1
BegilUlin& at a point bems the intersection of lho nonnwest line of said 2.26 acre lr.1ct wilh the
so'.:thwesllimitS ofmis SO.OO fool wide temporary easement, said point bearing N 5962)' 56"E, II distllllCe
of lS.00 Ceet from the centerline of laid pe~nent easement and bcinS che poinl of beginning of this
tcmporuy euemcnlj
Thence N 5!)0 2~' 56" E, a distance of50.01 feel for the north corner ofchia lemporary woment;
TIlcllce S 316 28' 00" E. 48.25 toOl, tQ !he east eomer of tha tctnpOnry Cil&emellt;
Th~llec S 58. 32' 00" W, 50.00 Ccol, to the south eomer ofthia temponry eaaeml:ntj
Thcnce running 15.00 COOl north of and parallel 10 tho clmltrlin. or .aid pormanCnf caaemenl,
N 31" 28' 00" W, 49.0 1 focI, to the point of beginning of Ihi, lemporat)' eallement;
Temporary Easement 2
Beginnins at a poinl in thc ~outheasterly Iille of,lid 2.26 acre traet of land. Aid point beariu&
S 570 34' 56" W, a diJtancc of 20.52 feet, from th. centerlino end point of the above described pCmIlIuelU
easemenl;
Thence S 57. 34' 56" W, !)!).12 feet, to the s~lh corner ofthia temporary ClI5Cmellt aad Slid 2.26
acre tract;
thence N 31' 28' 00" W IUId running with the southwest line of this temporuy easemcnl ilDd said
2.2G acre tracla cllalilDU of 25 1.95 f04t tQ a point being che we&t comer of this tcmpol'N)' CQCmcnt;
'Chence N 58' 32' 00" E, 50.00 feel, to the no~ comer of this temporary casement;
Thellce S 310 28' 00" ~ aad running 15,00 feot southwell and parallel to the cCDtorrline of said
pc:rm~llo:l\t easement, a di&lllDce oC 199.44 toot;
Thence S 750 27' 26" E Q1d.till fUIJ.lIingl~.OO feet southwest ot and pullllel10 the centerline of
said permanent eusemcnt, a c1istGC<l o!70.70 feet tel the point orb48i~ns oflhi! telIlpOWY Cl1SCmc:nl.
Po;mut.ncnl EA4CJJlCllt Coutorlino LoDstn .. 321.21 feet
Pcnnanelll Easoment Acreage - 0.22 acres
Temporal)' f!ascment 2 AcrcaJC .. 0.05 acres
Temporary Easement 2 Acreage. 0.32 acres
T-357 P.OZ/04 F-563
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EXHIBIT IIAII
Page) of.q pages
~
Mar-15-02 10:24am
From-CITY OF SEGUIN
830-401-2499
1. Geol'l~c R\:balcaba. Rcgistered Profcssion:lluud Surveyor of TClW. do hcecb)' StalC th:lt this is a ltuC
and correct description or an actual5urvey IDlldc on the ~round, this the 2nd clay or January, 2002.
"
T-357 P.03/04 F-563
EXHIBIT "AI.'
Page 2 of 3 page~
Mar~15-02 10:24am From-CITY OF SEGUIN
WiLLIAM BRACKIN
A-57
so' TEIAPORARY CONSTRUCTION ~
EASEMENT I' / \
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830-401-2499
T-357 P.04/04 F-563
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(GU-1J96)
EDNA KOEHLER, IT AI..
2.26 ACRES
V-657, P-<H2, ORGuer
<l 30' PERMANENT
EAse:Me:NY
S75'2"'25"E
78.65'
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so' TEMPOAARY CONSTRUCTION
EASEMENT 62
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S5TJ4'56"W
20.52'
END OF P1PEUNE
EASEMENT
20.52'
PERI.4ANENT EASEJAENT CENTERUNE LENCTI-I=321.27 FtET
PERMANENT EASEMENT ACRE'AGE=O.22 ACRES
TEMPORARY EASEMENT #1 ACRfAGE=O.06 ACRES
TI:MPORARY tASEMENT 12 ACRfAGE=O.32 ACRES
~ 60300 60
..M ~ [
PLS #4229 SCALE IN FEET
SOUTH CORNER OF'
2.26 ACRE TRACT
8 I, GEORGE RUSAL.CABA, A REGISTERED PROfESSIONAL
; LAND SURVEYOR IN THE: STATE or TEXAS, HEREBY
~ STATE THAT THIS IS A CORRECT PLAT OF' A SURvEY
<> t.AAOE ON THE GROUND UNDER MY DIRECTION.
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SCHERiZ/SEGUIN LOCAl. GOVERNMENT CORPORATION
EXHIBIT 8
PIPELINE EASEMENT
GUADALUPE COUNTY
SCAl.C GRAPHIC
DIlA'tIING No.
CU139BPLT
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EXHIBIT' II A"
Page" 3 o.f 3
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TEXAS
S/1E~
CU1398
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pages
From-CITY OF SEGUIN
830-401-2499
T-361 P.02/03 F-571
Exhibit 44A"
OF TEXAS
Y OF GUADALUPE
Core Ventures, Inc.,
a Nevada Corporation
OU-147F
\
Field Dotes of the centerline of a pipeline easement 30 feet in width, being en, under and across a
:re tract of land conveyed from Thomas B. Allen to Core Ventures, Inc.,. Nevada Corporation, by
Warranty Deed, dated August 29,2001 and recorded in Volume 1634, Page 878 of the Official
: of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the G. Malpaz Survey, Abstract 221, is
in Guadalupe County, Texas, and is described by metes and bounds as follows;
Beginning at a point in the northeast line of said 2.733 acre tract for the southeast end of this
Ill, whence the east corner of said 2.733 acre tract boars S 300 27' 07" B. 1L dUtance of 60.78 feet;
Thence in a northwesterly direction with the centerline of said easement, as follows:
N7S0 1S'41"W.
N 300 27' 07" W,
21.28 feet;
349.06 feet,
lIlt in the nonhwest line of said 2.733 IlCIe tract for the northwClt end of this casement, whence the
:ner ohaid 2:733 acre tract bears N 590 18' 59" E, a distance oftS.OO feet;
lnally, Il SO foot wide tempor~ work easement, for the pmposc or cooswction of a water pipeline,
mporary work easement abutting the southwest boundary as shown on Exhibit B of the above
ed 30 foot wide pipeline easement
lent Easement Centerline Length '"" 370.34 feet
lent Easement Acreage'" 0.26 acrea
rary Easement Acreage'"" 0.43 acres
rge Rubll1cabll, Registered Professional Land Surveyor of Texas, do hereby State that this is a true
LTeet description of an actual survey made on the gl'ound, this the 2611I day of October, 2001.
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~~~onNO. 4229
EXHIBIT "B"
Page 1 of 2 pages
'03 F-571
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E~IBIT "B"
P~ge 2 of 2
pages