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2001R40- WATERLINE AND TEMPORARY CONSTRUCTION Resolution No. OI-R-40 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 ~ SURVEY ABSTRACT ACRES OWNED GU-158 Felix Leon Guadalupe G. Malpaz 221 3.76 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 ...IBM:L LANDOWNER COUNTY ~ ABSTRACT GU-158 Felix Leon Guadalupe G. Malpaz 221 ACRES OWNED 3.76 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, RESOLUTION (SCHERTZ - 12/04/01) Page 1 of3 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. 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 -12/04/01) 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 i./J~~ day of , 2001. Ma or City of Schertz, Texas ATTEST: ~-~ (/.ly~ City ecretary City of Schertz, Texas RESOLUTION (SCHERTZ - 12/04/01) Page 3 of 3 Exhibit "An Felix Leon cru.158 \' STA1'g OF TEXAS couNTY OF GUADALUPE Field DOteS of the centerline oC a pipeline easement 30 feet in width, beina aD, under and acfOSS 11 3.76 aete crac:t 0{ lllIlCl conveyed from Lena Mc:Cusition. el al to Felix Leon by Wpnnty Dee4, dated May 7, 1986 and recorded il'l Volume 767, Page 1335 oClhc Official Records oCOuadalupc County, Texas; Said pipeline easement is comprised of a portion of the o. Malp4% Survey, Absuact 221, i1 situated in the City ofSehmz:, Guadalupe County, Texas, and is doscribed by llIetCi and bounds as follows: Beginning OIt a point in die northwest line or said J, 76 acre Ifllct rut tbe nonhwest end "r tbis clulC:menl, wrn:nco the north corner of Illid 3.76 acre tract.. alsO being on Ihe north rigllt.of-way line of E1bcl Road, bears N 61" 59' SO" E, a distallee of 40,04 feet; Thence S 30. 27' 10":a with the eenterline ofsaid c3Selllcnt II distanCe of 289.68 f~l to a point in the southeast line of said 3.76 acre tract, a\$o being the north risht-of.way line of Elbel Road, for th~ southeast end of this easement, whence die cast COlllcr of :said 3.76 acre traet bears N 59" 28' 50- Eo a diSlance of 40.00 feet; Additionally, a SO foot wide lempOrary work easement, for the pllrpose of eonslrUction ohwatcr pipelin.:. said temporary work /llISemcnt abutIing !he southwest boundaIy as shown on Exlnbit B of the llbol e described thirty foot wide pipclino cucmcnt. Permanent Easement Ccnmline Length - 289.68 feet Permanent ElIIcment Acreage'" 0.20 acres Temporary Easement Acreage = 0.33 acres I, Qcorge Rubalcaba, Registered Professional Land SurveyOr of Texas, do hc:n:bt Illite th.lt this is a lt1le and correcl desr:ripnon of an aClUaI SIII'Yc:y IIIilde on the gro\lnd, lhia the 5th c!lIy of March, 2001. ~ !ere ;;:}essiooal Lan4 s~or s Rogistrution No. 4229 EXHIBIT "A" PAGE 1 OF 2 \ P.O.B. PIPEUNE: EASEMENT \ \ \ \ \ \ \ \ \ \ \ \ \ '" TEllI'ORARY C_ x\ EASEMENT \ \ \ G. MALPA'Z A-221 \ \ \ \ \ \ C GU-l58 ) FEU)( LEON 3.76 ACRES V~767. P-1335. ORGuCT EO u il :il t S ~ I. CEORGE RUBALCASA. 11 REGISlERED PROFESSIONAL !! lAND SURVEYOR IN THE STATE OF TEXAS, HEREBY ~ STATE ltlAT 11i1S IS A CORRECT PlAT OF A SURVtY UADE ON THE GROUND UNDER MY 01 ON. . . ~ ... :II a t -::; i o ~ ... ... :; 1 ORN PEG t: SMA oI(lII N.. 50 2.6 0 ~ SCALE IN FEET 50 i PERMANENT EASEMENT CENTERUNE LENGTH"289.68 FEET PERtAANENT EASEMENT ACREAGEsO.20 ACRES PORARY EASEMENT ACRfAGE=O.33 ACRES ~:r&: 03/01 OATE: gjjj] SIllNIa~~'tA,JtIC. SCHERTZ/SEGUIN loc.AL GOVERNMOO CORPORAllON EXHIBIT 8 PIPEUNE OOEMENT GUADALUPE COUN1Y SCALE GRAPHIC U,-..___INlI CloIpoo--- 5H(!'t 'TEXAS GU158 I)IWNIMG No. GU158PlT 90JOB . EXHIBIT "A" PAGE 2 OF 2 ..