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2001R28- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS ~SO/"h"h /J1,: 01- If -t7~ 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 LANDOWNER COUNTY ~ ABSTRACT ACRES TRACT OWNED GU-107A Koch Refining Company Guadalupe Claiborn Rector A-270 10.87 GU-140 Edward H. Ling Guadalupe A. S. Lewis A-216 16.615 GU-125, 126 Clayton L. Stolte Guadalupe J.N. DeLos Cortinas A-90 29.14 GU-147AA Darrell E. Godfredson, Jr. Guadalupe A. S. Lewis A-216 4.1782 GU-147D Rosie R. Gutierrez & Henry Guadalupe G. Malpaz A-221 61.222 Gutierrez, Jr., Independent Co-Administrators of the Estate of Henry Gutierrez, deceased and more fully described in Exhibits "A" through "E", 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, RESOLUTION (SCHERTZ - 09/04/01) Page 1 of3 over, across, upon and under certain privately owned real properties In Guadalupe County, Texas, to wit: INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES TRACT OWNED GU-107A Koch Refining Company Guadalupe Claiborn Rector A-270 10.87 GU-140 Edward H. Ling Guadalupe A. S. Lewis A-216 16.615 GU-125, 126 Clayton L. Stolte Guadalupe J.N. DeLos Cortinas A-90 29.14 GU-147AA Darrell E. Godfredson, Jr. Guadalupe A. S. Lewis A-216 4.1782 GU-147D Rosie R. Gutierrez & Henry Guadalupe G. Malpaz A-221 61.222 Gutierrez, Jr., Independent Co-Administrators of the Estate of Henry Gutierrez, deceased more fully described in Exhibits "A" through "E" 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 RESOLUTION (SCHERTZ - 09/04/01) Page 2 of 3 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 ofthe 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 '1ft, , 2001. Mayor City of Schertz, Texas Ikrd-, ATTEST: 0..P'~~ /II. ~JA..i..If~ City Secretary City of Schertz, Texas RESOLUTION (SCHERTZ - 09/04/01) Page 3 00 STATE OF TEXAS COUNTY OF GUADALUPE Koch Refming Company GU-I07A i:;,;; Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 10.87 acre tract of land conveyed from Doyle Gandy and Hazel J. Gandy to Koch Refming Company by Warranty Deed dated August 10, 1989 and recorded in Volume 892, Page 845 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Claiborn Rector Survey, Abstract 270, is situated in Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the southwest line of said 10.87 acre tract for the southwest end of this easement, whence the west comer of said 10.87 acre tract bears N 280 22' 49" W, a distance of 195.43 feet; Thence in a northeasterly direction with the centerline of said easement and running thirty feet south of and parallel to an existing Koch pipeline as follows: N 600 45' 43" E, N 60. 26' 22" E, 11.81 feet; 442.24 feet, to a point in the easternmost, northeast line of said 10.87 acre tract for the northeast end of this easement, whence the east comer of said 10.87 acre tract bears S 380 05' 01" E, a distance of231.08 feet. Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the north boundary of the above described thirty foot wide pipeline euement. Easement Length - 454.05 feet Pennanent Easement Acreage = 0.31 acres Temporary Easement Acreage = 0.51 acres i{: EXHIBIT "A" PAGE 1 OF 2 CLAIBORN RECTOR A-270 (GU-l07A) KOCH REFINING COMPANY 10.87 ACRES V-892, P-845, ORGuCT P.O.B. PIPEllNE rASEMENT B l ... .. N ! €. .. ~ S r I s ~ 5 ... . f i' Cll ;;. i DRN DEG 1 DES ~ ! CHK '" ;' ., i I EAST CORNER OF 10.87 ACRE TF'ACT PERMANENT rASEMENT CENTERUNE LENGTH=454.05 FEET PERMANENT rASEMENT ACREAGE=0.31 ACRES TEMPORARY rASEMENT ACREAGE=0.51 ACRES 100 50 0 100 ~ I DAlE 01/01 DATE EUil SHIMD MOSELIY AND AssocJATllS, 1He. IlHGIMIlllIlS & CONSULTANTS '''_~__I- OoIpuoCllrtod. T_7M7I DRAWING No. GU107APLT SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADALUPE COUNTY SCALE GRAPHIC SCALE IN FEET TEXAS SHEET GU107A EXHIBIT "A',1 PAGE 2 OF 2 STATE OF TEXAS COUNTY OF GUADALUPE Edward H. Ling GU.140 Field notes of the centerline of a pipeline easement 30 feet in width, being on, Tmder and across a 16.615 acre tmct ofland conveyed from Veterans Land Board ofTexas to Edward H. Ling by Contract of Sale and Purcbase, dated July 11, 1968 and recorded in Volume 410, Page 581 of the Deed Records of Guadalupe ~, Texas, save and except 0.392 acres recorded in Volume 870, Page 234, 0.681 acres recorded in Volume 1280, Page 217. All recorded in the Official Records of Guadalupe County, Texas, leaving a net acreage of 15.542 acres. Said pipeline easement is comprised of a portion of the A. S. Lewis Survey, Abstract 216, is situated in the City of Cibolo, Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the north line of said net 15.542 acre tract for the north end of this easement, whence the northwest comer of said net 15.542 acre tract bears N 670 16' 28" W. a distance of 15.13 feet; Thence in a southerly and easterly direction with the centerline of said easement, as follows: S 15020' 20" W, S 720 54' 12" E, S 540 35' 29" E, 868.84 feet; 342.99 feet; 152.84 feet, to a point in the southeast line of said Net 15.542 acre tract for the southeast end of this easement, whence the east comer of said 16.615 acre tract bears N 59" 09' 02" E. a distance of 542.03 feet; Additional1y, a 50 foot wide temporaIy work easement, for the purpose of constroction of a water pipeline, said tempomy work. easement abutting the north and east boundaries of the above described thirty foot wide pipeline easement as shown on Exhibit B. Permanent Ea$f!ment Centerline Leugth = 1369.67 feet PeIDI8DeIIl Easement Acreage = 0.94 acres TemporaIy Easement Acreage = 1.36 acres I, George Rubalcaba, Registered Professional Land Smveyor of Texas, do hereby state that this is a troe and correct description of an actual survey made on the ground, this the 7'" of June, 200 1. ~~ EXHIBIT "B" PAGE 1 OF 2 NO~EST CORNER OF NET 15.542 ACRE TRACT N 6716'28- W 15.13' i I / S 54'35'29- E 157.84' WILLIAM BRACKIN A-57 8 :I lL :;; ~ '" ~ ~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL co LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY '8 STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. I i ~ l. r i f ;:. i DRN DEG 'e ~ DES '" i CHK ,/ .. 200 100 0 200 ~ I SCALE IN FEET 8Lil 5_ MosBU:Y' AND AssocIAns. INC. ENGINBIlRS &CONSULTANTS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT "S_~__IUO eor,.. CIIIUII. T_ 1M7I TEXAS GUADALUPE COUNlY SCAlE GRAPHIC SHEET DRAWING No. GU140 GU140PLT ,",: EXHIBIT liB." PAGE 2 OF 2~ .. STATE OF TEXAS COUNTY OF GUADALUPE Clayton L. Stolte GU-125, 126 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 29.14 acre tract of land and a 5.09 acre tract of land conveyed from Jackie L. Stolte to Clayton L. Stolte by Special Warranty Deed dated June 14, 1993 and recorded in Volwne 1059, Page 958 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the J. N. De Los Cortinas Survey, Abstract 90 and Jeronimo Leal Survey, Abstract 210, is situated in Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the northwest line of said 5.09 acre tract for the northwest end of this easement, whence the west comer of said 8.00 acre tract bears S 590 25' 03" W, a distance of 473.38 feet; Thence in a northeasterly direction with the centerline of said easement as follows: N 810 40' 45" E, S31002'57"E, N 590 24' 15" E, 1027.79 feet; 580.20 feet; 15.00 feet, to a point in the northeast line of said 29.14 acre tract for the southeast end of this easement, whence the east comer oisaid 29.14 acre tract bears S 310 02' 57" E, a distance of 15.00 feet, Additionally, a SO foot wide temporary work casement, for the purpose of construction of a water pipeline, said temporary wone easement abutting the south boundary of the above described thirty foot wide pipeline easement. Easement Length = 1622.99 feet Pennanent Easement Acreage = 1.12 acres Temporary Easement Acreage = 1.85 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the ground, this the 4th day of December, 2000. ~. (~::~ .', ~~:.:'~r .........:.: :.~ EXHIBIT "e" PAGE 1 OF 2 .~~~ <1~.: ' JERONIMO LEAL A-210 a f ~ 30' PERMANENT EASEMENT /' ./ WEST CORNER OF 5.09 ACRE TRACT P.O.B. PIPEUNE EASEMENT END OF PIPEUNE E'ASEMENT \ \ \ <( \ (f)N \ Of'. \ D::::N . I ::2<( """') ... on N <:'! \ \ ~ ~ N I, GEORGE RUBAlCABA. A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY ;' STATE THAT THIS IS A CORRECT PlAT OF A SURVEY ~ MADE ON THE GROUND UNDER MY DIRECTION. CD N ;ij on N PERMANENT E'ASEMENT CENTERUNE LENGTH=1622.99 FEET PERMANENT E'ASEMENT ACREAGE=1.12 ACRES TEMPORARY E'ASEMENT ACREAGE= 1.85 ACRES :; ~ c; ii: /' '" . ~ CD 300 EXHIBIT "e" PAGE 2 OF 2 STATE OF TEXAS COUNTY OF GUADALUPE Darrell E. Godfredson, Jr. GU-147AA Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 4.1782 acre tract of land conveyed from Guadalupe Valley Electric Cooperative, Inc. to Darrell E. Godfredson, Jr. by Warranty Deed, dated July 31,1997 and recorded in Volume 1284, Page 855 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the A. S. Lewis Survey, Abstract 216, is situated in Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the west line of said 4.1782 acre tract for the west end of this easement, whence the southwest comer of said 4.1782 acre tract being on the north right-of-way line of a Southern Pacific Railroad bears S 020 22' 28" E, a distance of 15.02 feet; Thence in a northeasterly direction with the centerline of said easement, as follows: N 84010' 44" E, N 720 55' 37" E, 274.87 feet; 36.46 feet, to a point in the east line of said 4.1782 acre tract for the east end of this easement, and also being on the west line of a 40 foot wide drainage right-of-way and from whence the southeast comer of said 4.1782 acre tract being on the north right-of-way line of said railroad bears S 180 09' 21" W, a distance of 24.20 feet; Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the north boundary as shown on Exhibit B of the above described thirty foot wide pipeline easement. Pennanent Easement Centerline Length = 311.33 feet Pennanent Easement Acreage = 0.21 acres Temporary Easement Acreage = 0.36 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the ground, this the 5th day of March, 2001. R<~-w!diI~ Texas Registration No. 4229 ~: EXHIBIT "D" PAGE 1 OF 2 o ~ ., . on N ! i I A. S. LEWIS A-216 ~. ~ ~ o I 1"'1 :0 b ?IE @U-147~ DARRELL E. GODFREDSON, JR. 4.1782 ACRES V-1284, P-855. ORGuCT 50' TEMPORARY CONSTRUCTION EASEMENT --- --- --- N 72'55'37- E 36.46' -- --- --- ---- P.O.B. PIPEUNE EASEMENT --- - - - - - - - 274.81-;- _ _ ----N~~4~E- -- SOUTHERN PACIFIC RAILROAD t 30' PERMANENT EASEMENT - - S 18'09'21- W 24.20' S 02'22'28- E 15.02' SOUTHWEST CORNER OF 4.1782 ACRE TRACT SOUTHEAST CORNER . OF 4.1782 ACRE TRACT ~ ::; I, GEORGE RUBAlCABA, A REGISTERED PROFESSIONAl g LAND SURVEYOR IN lllE STATE OF TEXAS, HEREBY STATE THAT 1lllS IS A CORRECT PLAT OF A SURVEY MADE ON lllE GROUND UNDER MY DIRECTION. I ~ .... . t i ,. li! :;. l' DRN 1 DEG e ~ DES '" o ~ CHK ,. .:.; PERMANENT EASEMENT CENTERUNE LENGTH=311.33 FEET PERMANENT EASEMENT ACRE'AGE..0.21 ACRES TEMPORARY EASEMENT ACRE'AGE=0.36 ACRES 60 30 0 ~ 60 I SCALE IN FEET D4TE 03/01 D4TE 8lll SHINIlIl MosllLBY AJlD Aascc:u.ns. INC. I!HGINEZRS &CONSU1.TAHTS SCHERTZ/SEGUIN LOCAl GOVERNUENT CORPORATION EXHIBIT B PIPELINE EASEMENT - -{j{ 90308 '"N_~__I_ CGIpao CIIdoII. T_ 71471 GUADALUPE COUNTY SCAlE GRAPHIC SHEET TEXAS GU147M DRAWING No. GU147MPLT ~ EXHIBIT "D" PAGE 2 OF 2 STATE OF TEXAS COUNTY OF GUADALUPE Rosie R Gutierrez and Hemy Gutierrez, Jr., Independent Co-Administrators of the Estate of He my Gutierrez, deceased GU-147D Field notes of the centerline of a pipeline easement 30 feet in width, being on, lUlder and across a 61.222 acre tract of land conveyed from Harry C. Bligh and wife, Thelma A Bligh to Henry Gutierrez and wife. Rosie R Gutierrez by Warranty Deed, dated October 20, 1977 and recorded in Volume 653, Page 801 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the G. Malpaz Survey, Abstract 221, is situated in Guadalupe COlUlty, Texas, and is described by metes and bounds as follows: Beginning at a point in the southwest line of said 61.222 acre tract for the northwest end of this easement, whence the west corner of said 61.222 acre tract bears N 300 27' OT' W, a distance of 826.52 feet; Thence in a southeasterly direction with the centerline of said easement, as follows: S 750 15' 41" E, S 300 27' OT' E, 21.28 feet; 301.08 feet, to a point in the southeast line of said 61.222 acre tract for the southeast end of this easement, whence the south corner of said 61.222 acre tract bears S 800 18' 53" W, a distance of 16.04 feet; Additionally, a 50 foot wide tempormy work easement, for the pwpose of construction of a water pipeline, said temporaty work easement abutting the north and east boundaries as shown on Exhibit B of the above described thirty foot wide pipeline easement. Pennanent Easement Centerline Length = 322.36 feet Pennanent Easement Acreage = 0.22 acres Temporaty Easement Acreage = 0.37 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the grOlUld, this the 7th day of JlUle, 200 1. ~~~~ ~stration No. 4229 .~~:iE~~)~.':'- '. if''''-;;'';;. O.t '~.~<..':.>"" roo' ~'. . '. .//.....,\.....::-'\ (f c;;' . . -i. (;) \ ,r; 7 !:, ~ ~:.r. ,:,>:~. . ~ &'''4''0 .'() t. /..:..... ~~ '.'" \.J; ~EOR" -' . , . . . . . . . . ".\ ... bE- Flliq ~~ ~ r" ~ -, .: \:'\ .. . '. . . . . . . . :---.....~..I"\L.vl....Ul..:.! s .-0 4,.1.'g.....:.fj(/ ('.1'0 '::'''''' .......... .1' . J:' ,..'.f""" I.')--'/) \;."1.1'1. '. tSSICt :.,..," \ ~'v() '. .' ""./// ~SUA~,J~~;!Y ~~~ ,-,~ EXHIB.IT "E", PAGE 1 OF 2 i ~ (GU-147D) ROSIE R. GUTIERREZ AND HENRY GUTIERREZ, JR., INDEPENDENT CO-ADMINISTRATORS OF THE ESTATE OF HENRY GUTIERREZ. DECEASED 61.222 ACRES V-653, P-801, ORGuCT S 75'15'41" E 21.28' G. MALPAZ A-221 P.O.B. PIPEUNE EASEMENT \ \ \ \ \ \ ~ \ ~. \ ~. \ <<', \y 50' TEMPORARY CONSTRUCTION \ \ EASEMENT \~ \ \ \~. \ Cl 3D' PERMANENT EASEMENT B l SOUTH CORNER OF-- 61.222 ACRE TRACT S 80'18'53" W 16.04' !!! ,:: . S ~ l!l f ..: ~ ... . ~ 5 f f " '" '" ~ ~ DRN OEG e ~ DES " ~ CHK ,. .:; I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. ~ SMA SHEET TEXAS GU1470 PERMANENT EASEMENT CENTERUNE LENGTH-322.36 FEET PERMANENT EASEMENT ACREAGE=0.22 ACRES TEMPORARY EASEMENT ACREAGE=0.37 ACRES 100 50 0 ~ 100 I SCALE IN FEET SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT SD_~__lao eoo.-~--" GUADALUPE COUNTY SCALE GRAPHIC DRAWING No. GU1470PLT EXHIBIT "E" PAGE 2 OF 2