2001R26- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
Reso/l(~.O~ JII'o
01- R-.;{6
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:
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INTERNAL
TRACT
LANDOWNER
COUNTY
SURVEY
ABSTRACT
ACRES
OWNED
GU-122
Eddie A. Wagner
Guadalupe
J N DeLos Cortinas A-90
134.14
GU-124
Eddie A. Wagner
Guadalupe
J N Delos Cortinas A-90
41.82
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 l: 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 - 07/17/01)
Page 1 of3
INTERNAL
~
LANDOWNER
COUNTY
SURVEY ABSTRACT
ACRES
OWNED
GU-122
Eddie A. Wagner
Guadalupe
J N DeLos Cortinas A-90
134.14
GU-124
Eddie A. Wagner
Guadalupe
J N DeLos Cortinas A-90
41.82
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 - 07/17/01)
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 lO: This Resolution shall be in force and effect from and after its final
passage and it is so resolved.
PASSED AND APPROVED on this /1 t4 day of ~ ~ _ , 2001.
tt~L/;~
Mayor ~ ~
City of Schertz, Texas
ATTEST:
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City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 07/17/01)
Page 3 of3
..-----------
STATE OF TEXAS
COUNTY OF GUADALUPE
Eddie A. Wagner
GU-122
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
134.14 acre tract ofland conveyed from Martin Conner to Eddie A. Wagner by Warranty Deed dated April
IS, 1961 and recorded in Volume 338, Page 611 of the Official Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the 1. N. De Los Cortinas Survey, Abstract 90,
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 134.14 acre tract for the west end of this easement,
whence an interior comer of said 134.14 acre tract bears S 030 55' 46" E, a distance of27.92 feet;
Thence N 810 38' 35" E with the centerline of said easement a distance of 1750.95 feet to a point
in the centerline of a creek in the east line of said 134.14 acre tract for the east end of this easement,
whence a comer of said 134.14 acre tract bears Nil 047' 31" W, a distance of 819.37 feet,
Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline,
. said temporary work easement abutting the south boundary of the above described thirty foot wide pipeline
easement.
Easement Length = 1750.95 feet
Permanent Easement Acreage = 1.21 acres
Temporary Easement Acreage = 2.01 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 27th day of November, 2000.
Registered Professional Land Surveyor
Texas Registration No. 4229
EXIUBIT "'A"
Page 1 of 2
CORNER OF 134.14
ACRE TRACT
J.N. DE LOS CORTINAS
A-gO
C GU-122)
EDDIE A. WAGNER
134.14 ACRES
V-338, P-611, ORGuCT
P.O.B. PIPEUNE
EASEMENT ' " _ _
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EASEMENT
S 03"55'46" E
27.92'
INTERIOR CORNER OF
134.14 ACRE TRACT
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~ 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 DIRECllON.
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END OF PIPEUNE
EASEMENT ON CREEK II
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PERMANENT EASEMENT CENTERUNE LENGTH=1750.95 FEET
PERMANENT EASEMENT ACREAGE=1.21 ACRES
TEMPORARY EASEMENT ACREAGE=2.01 ACRES
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SHDlDl MOSIlUlY AND AssocIAns.INC.
_&CX>>lSULTANTS
SSSN_~__IQO
00Ip00 QdooI, T-. 71478
DRAWING No.
GU122PLT
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SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORAllON
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCALE GRAPHIC
300 150 0
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SCALE IN FEET
SHEET
300
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TEXAS
GUI22
EXHIBIT IIAII
Page 2 of 2
STATE OF TEXAS
COUNTY OF GUADALUPE
Eddie A. Wagner
GU-124
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
41.82 acre tract of land being out of a 134.14 acre tract of land conveyed from Martin Conner to Eddie
A.Wagner by Warranty Deed dated April 15, 1961 and recorded in Volume 338, Page 611 of the Deed
Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the 1. N. De Los Cortinas Survey, Abstract 90,
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 41.82 acre tract for the southwest end of this
easement, whence the south comer of said 41.82 acre tract bears S 31002' 57" E, a distance of 15.00 feet;
Thence in a northeasterly direction with the centerline of said easement as follows:
N 590 24' IS" E,
S 300 35' 45" E,
273.98 feet;
15.00 feet,
to a point in the southeast line of said 41.82 acre tract for the southeast end of this easement, whence the
south corner of said 41.82 acre tract bears S 590 24' IS" W, a distance of273.86 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
easement.
Easement Length = 288.98 feet
Permanent Easement Acreage = 0.20 acres
Temporary Easement Acreage = 0.33 acres
I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that !his is a true
and correct description of an actual survey made on the ground, this the 4th day of December, 2000.
Of~eyO'
. tration No. 4229
EXHIBJ.T "a"
Pa,ge 1 o.f 2
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J. N. DE LOS
CORTINAS
A-gO
( GU-124)
EDDIE A WAGNER
41.82 ACRES
OUT OF 134.14 ACRES
V-338, P-611, DRGuCT
S 30'35'45" E
15.00'
50' TEMPORARY ./ "-
CONSTRUCTION EASEMENT ~ ./././././ \
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P.D.B. PIPEUNE
EASEMENT
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S 31'02'57" E
15.00'
~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
~ LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
N STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GR NO UNDER MY DIRECTION.
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SOUTH CORNER OF
41.82 ACRE TRACT
PERMANENT EASEMENT CENTERUNE LENGTH=288.98 FEET
PERMANENT EASEMENT ACREAGE=0.20 ACRES
TEMPORARY EASEMENT ACREAGE=0.33 ACRES
DATE
12/00
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SHINU MODI.IlY AND ASlIOCIA'IU, INC.
IlNGlN_ &CONSULTAImI
DATE
", Narda c.-Iaa..... ...... 14550
Coop. CIldoII, T_ 714,.
DRAWING No.
GU124PLT
100 50 0
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SCALE IN FEET
100
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SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCAlE GRAPHIC
TEXAS
SHEET
GU124
EXHIBIT "B"
Page 2 of 2