2001R16- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
IC?eOLVlio4 #0. 0/-/2- /~
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, and
maintaining 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 SURVEY ABSTRACT ACRES
J:!!M;L OWNED
GU-69 Lena Hoermann & Guadalupe Hugh M. Swift A288 145.00
Albert Hoermann (deceased)
GU-73 Sammy L. Smith & Guadalupe Hugh M. Swift A288 42.02
Mary F. Smith
GU-92 Anona Such Guadalupe Jacob Darst A1l3 76.70
GU-93 Glenn Jeffrey Kutz Guadalupe Jacob Darst AII3 2.00
GU-95 Glenn Jeffrey Kutz Guadalupe Jacob Darst A1l3 36.943
GU.96 Hamilton Kutz, Jr. Guadalupe Jacob Darst AII3 10.795
GU-97 Fred Michael Kutz Guadalupe Jacob Darst AII3 36.960
GU-98 Hamilton Clifton Guadalupe Jacob Darst AII3 18.445
Kutz, Jr., Trustee for
Dusty Edward Kutz
GU-99 Hamilton Clifton Guadalupe Jacob Darst AII3 18.445
Kutz, Jr., Trustee for
Darren Ray Kutz
and more fully described in Exhibits "A" through "I", 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.
RESOLUTION
(SCHERTZ - 05/15/01)
Page 1 of3
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
....I!!.M;L
GU-69
GU-73
GU-92
GU-93
GU-95
GU-96
GU-97
GU-98
GU-99
LANDOWNER COUNTY SURVEY ABSTRACT ACRES
OWNED
Lena Hoennann & Guadalupe Hugh M. Swift A288 145.00
Albert Hoennann (deceased)
Sammy L. Smith & Guadalupe Hugh M. Swift A288 42.02
Mary F. Smith
Anona Such Guadalupe Jacob Darst AIl3 76.70
Glenn Jeffrey Kutz Guadalupe Jacob Darst AIl3 2.00
Glenn Jeffrey Kutz Guadalupe Jacob Darst AIl3 36.943
Hamilton Kutz, Jr. Guadalupe Jacob Darst Al13 10.795
Fred Michael Kutz Guadalupe Jacob Darst AIl3 36.960
Hamilton Clifton Guadalupe Jacob Darst AIl3 18.445
Kutz, Jr., Trustee for
Dusty Edward Kutz
Hamilton Clifton Guadalupe Jacob Darst AIl3 18.445
Kutz, Jr., Trustee for
Darren Ray Kutz
more fully described in Exhibits "A" through "I" attached hereto and made a part hereof
for all purposes for the public purpose of construction, operation, and maintenance of 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.
RESOLUTION
(SCHERTZ - 05/15/01)
Page 2 of 3
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.
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
,2001.
Mayor
City of Schertz, Texas
ATTEST:
'7~.-it~l"~-P.-/ (l./-L. L/!--u'-<2..c /'
City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 05/15/01)
Page 3 of3
EXHIBIT "A"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Lena Hoermann and
Alben Hoennann. deceased
GU-69
Field nOles of lhe cenlerline of a pipeline easement 30 feet in widlh, being on, under and across a
145.00 acre tract of land conveyed from William Haug, et ai, to Alben C. Hoermann by Deed. dated
December 17,1940, and recorded in Volume 191, Page 396 of Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a ponion of the Hugh M. Swift Survey, Ahslract 288. is
situated in Guadalupe County, Texas, approximalely 5 miles southwest of the town of Seguin and is
described by metes and bounds as follows:
Beginning at a point in lhe west line: of said 145.00 acre tract for the northwest end of this
easement, whence lhe southwest corner of said 145.00 acre tract bears S 230 53' 51" E. a distance of
1719..68 feet;
Thence in an easlerly, 10 southeaslerly direction with the centerline of said easemenl and running
40.00 feet northeast of and parallel to the cenlerline of !,he 50 foot wide TECO Pipeline Easemenl recorded
in Volume 1170, Page 707. Deed Records of Guadalupe 'County, Texas, as follows:
N 660 01' 03" E,
N 67" 03' 38" E.
N 77" 45' 13" E,
N 890 21' 32" E,
S79"01' 59"E.
S 670 25' 28.' E,
S 550 49' 07" E,
S 550 54' 37" E,
121.55 feet;
37.07 feet;
47.95 feet;
48.27 feet;
4-B:27 feet;
48.27 feet;
1286.80 feet;
645.06 feet
to a point in the soulh line of said 145.00 acre tract, for the southeast end of this easement, whence the
southwest corner of said 145.00 acre tract bears S 660 34' 57'. W, a distance of 1345.10 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline. 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty.
foot wide pennanent easement granted to TECO Pipeline Company.
Easement Length = 2283.24 feet
Permanent Easement Acreage = 1.57 acres
Temporary Easement Acreage = 2.54 acres
P.O.B. PIPELINE
EASEMENT N 89.21'32" E
48.27'
S 79.01'59" E
48.27'
S 6725'28" E
48.27'
EXHIBIT "A"
Page 2 of 2 Pages
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47.95 ,~~o~ '.
N 6703'38" E ' ..Q~~~
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50' TECO PIPELINE CO. EASEMENT; ,
V-1170, P-707 ORGuCT
50' TECO PIPELINE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
( GU-69 )
ALBERT C. HOERMANN
145.00 ACRES
V-191, P-396, DRGuCT
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SW CORNER OF
145.00 AC. TRACT
~ I, GEORGE RUBALCABA. A REGISTERED PROFESSIONAL
€. lAND SURVEYOR IN THE STATE OF TEXAS. HEREBY
g; STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
... MADE ON THE GROUND UNDER MY DIRECTION.
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PERMANENT EASEMENT CENTERLINE LENGTH=2283.24 FEET
PERMANENT EASEMENT ACREAGE=1.57 ACRES
TEMPORARY EASEMENT ACREAGE=2.54 ACRES
.300 150 0
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SCALE IN FEET
.300
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DAT(
08/00
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SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DATE
SHIMEK MOSElZY AND ASSOC1ATU. IMe.
ENGlMUItS .. COMSULTAHTS
GU069PLT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
,,, N.. c---....... .... 1.50
c.,. CIIriIIl. T__ Tl411
ORAWlNC No,
SHEET
GU69
-14- ___
STATE OF TEXAS
COUNTY OF GUADAWffi
EXHIBIT "B"
Page 1 of 2 Pages
Sammy L. Smith
cl Mary F. Smith
GU-73
Field noleS of the centerline of a pipeline casement 30 fect in width, being on, under and across a
42.02 acre lract of land conveyed from Donald E. Nored. et ux, to Sammy L. Smith, et ux. by Deed dated
, November 16, 1989, aDd recorded in Volume 901, Page 912 of Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a ponion of the Hugh W. Swift Survey, Abstract 288. is
situated in Guadalupe County. Texas. approximately 4 miles southwest of the town of Seguin and is
described by metes and bounds as follows:
Beginning at a point in the nonh line of said 42.02 acre tract for the nonh end of this casement.
whence the nonh comer of said 42.02 acre lract bears N 660 49' 12" E. a distance of 413.92 feet;
Thence S 55. 49' 39" E with the centerline of said casement and running 40.00 feet nonheast of
and parallel to the ccnrmine of the SO foot wide TECO Pipeline Easement recorded in Volume 1170, Page
698. Deed Records of Guadalupe County, Texas, a distance of 767.32 feet to a point in the northeast line of
said 42.02 acre tract. for the south end of this casement. whence the nonh comer of said 42.02 acre tract
bears N 23. 10' 54" W, a distance of 646.08 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline. 50 feet in
width. the field notes description of said temporrry easement being the same as the above mentioned fifty-
foot wide permanent casement granted to TECO Pipelice Company.
Easement Length = 767.32 fcct
Permanent Easement Acreage = 0.53 acres
Temporary Easement Acreage = 0.98 acres
I, George Rubalcaba, Registered Professional Land Surveyor of Texas. do hereby state that this is a true
and correct description of III actUal survey made on the ground, this the 31 st day of August, 2000.
~
Texas Registration No. 4229
._--'_.,._.~._~--,._~._-_.__..._..-... - ----~_.._"---,...
EXHIBIT "B"
Page 2 of 2 Pages
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NOIffil CORNER OF
42.02 ACRE TRACT
P.O.B. PIPEUNE
EASEMENT
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SO' TECO PIPaJNE CO. EASEMENT . , ' , ' ,
TO BE USED ~ TEMPORARY , ,
CONSTRUCTION EASEMENT ' ,
END OF PIPElINE
EASEMENT
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( GU-73 )
SAMMY L SMITH. ET UX
42.02 ,6,CRES
V-90l, P-9l2. ORGuCT
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I, GEORGE RUBAlCABA. A REGISTERED PROFESSIONAL
~D SURVEYOR IN THE STATE OF TEXAS. HEREBY
STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTION.
PERMANENT EASEMENT CEN'!tRUNE LENGTH=767.32 FEET
PERMANENT EASEMENT ACREAGE=O.53 ACRES
TEMPORARY EASEMENT ACREAGE=0.98 ACRES
200 100 0
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SCAlE IN FEET
200
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~T[ 08/00
DATE
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S_ MOAUY AND ^"oCl~:ns.1NC.
__ ..CONSULTAHtS
SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DRAWING No.
GU073PLT
GUADALUPE COUNlY
sc,q[ GRAPHIC
TEXAS
",_~__I-
~ QoIoIl. T_ 7M7lI
SHEET
GU73
-13-
EXHIBIT "e"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Anona Buch
GU-92
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
76.7 acre tract of land acquired by Will of Record from Emma Ebert, deceased, to Anona Ebert Buch. dated
January 17, 1977, and recorded in Volume 56, Page 711 of the Probate Minutes of Guadalupe County,
Texas, and said 76.7 acre tract being the residue of an 162.78 tract of land conveyed from C. F. Krueger, et
ux, to Oscar H. Ebert, et ux by Deed dated February 10, 1911 and recorded in Volume 35, Page 607 of the
Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113. is
situated in Guadalupe C:>unty, Texas, approximately 4 miles east, southeast of the town of Marion, and is
described by metes and bounds as follows:
Beginning at a point in the northwest line of said 76.7 acre tract for the northwest end of this
easement, whence an W' iron pipe found at the west corner of said 76.7 acre tract bears S 440 28' OS" W, a
distance of 585.20 feet;
Thence S 350 14' 20" E with the centerline of said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1170, Page
640, Deed Records of Guadalupe County, Texas, a distance of 2664.58 feet to a point in the southeast line
of said 76.7 acre tract for the southeast end of this easement, whence an W' iron rod found in southwest line
of said 162.78 acre tract at the south corner of said 76.7 acre tract bears S 530 08' 40" W, a distance of
318.54 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length = 2664.58 feet
Permanent Easement Acreage = 1.84 acres
Temporary Easement Acreage = 3.07 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 12m day of October, 2000.
Reg~~surveYor
Texas Registration No. 4229
------.-.---..,~"-,~- -_.'.- "-_.'--'--_.'--~---'-"1"'
~ ~ \ 'y150' TECO PIPEUNE CO. EASEMENT
b ~ TO BE USED AS TEMPORARY
.~r:s ~ ~ CONSTRUCTION EASEMENT
c!' 4>"'ry ~ \
WEST CORNER OF \\ \
76.7 ACRE TRACT \\
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ct 3D' PERMANENT ~ ~ \
EASEMENT *~ C GU-92 )
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~ V-56, P-711, DRGuCT
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JACOB DARST
50' TECO PIPEUNE CO. EASEMENT; ~ \ A 1 1 3
V-1170. P-640 DRGuCT '\ \ -
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SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCAlE GRAPHIC
P.O.B. PIPEUNE
EASEMENT
EXHIBIT "e"
Page 2 of 2 Pages
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76.7 ACRE TRACT
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PERMANENT EASEMENT CENTERUNE LENGTH-2664.58 FEET
PERMANENT EASEMENT ACREAGE=1.84 ACRES
TEMPORARY EASEMENT ACREAGE=3.07 ACRES
300 150 0 300
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SCALE IN FEET
DATE 10/00
DATE
I5Ul
SHINER Mosl!UIY AND AssocIATES, INe.
ENGINEERS ..CONSULTANTS
,,,_c..___16S0
c..p. CIldd,. T_ 7141.
DRAWING No.
SHEET
GU092PLT
--~-'_.~--~-""---"---'--"--'------'---'-''''''---'"~-'""'~-"-""'--'<'--'."""'" '_"'_'~'.-""""_""'_"_"_"-'~---",.~-~-_.."-,-~--"-..----.----.--------.--.---.-.-...--..-----.
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GU92
EXHIBIT "D"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Glenn Jeffrey Kutz
GU-93
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
2.00 acre tract of lane conveyed from Hamilton Kutz Sr., Independent Executor of the Estate of Olga Kutz,
deceased, to Glenn Jeffrey Kutz by Executor's Deed Distributing Property dated October 14, 1987, and
reeo"ded in Volume 826~ Page 502 of the Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, is
situated in Guadalupe County, Texas, approximately 3 miles east, southeast of the town of Marion, and is
described by metes and bounds as follows:
Beginning at a point in the northwest line of said 2.00 acre tract for the north west end of this
easement, whence an W' iron pipe found at the west corn:r of said 2.00 acre tract bears S 440 28' OS" W, a
distance of 592.81 feet;
Thence S 350 14' 20" E with the centerline of said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1170, Page
633, Deed Reeords of Guadalupe County, Texas, a distance of 78.39 feet to a point in the southeast line of
said 2.00 acre tract for the southeast end of this easement, whence an W' iron rod found at the east corner
of said 2.00 acre tract and the southwest line of Pioneer Road bears N 440 28' OS" E, a distance of 546.34
feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide pennanent easement granted to TECO Pipeline Company.
Easement Length = 78.39 feet
Permanent Easement Acreage = 0.05 acres
Temporary Easement Acreage = 0.09 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 12m day of October, 2000.
R'U~~
Texas Registration No. 4229
1;"
EXHIBIT "D"
Page 2 of 2 Pages
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WEST CORNER OF
2.00 ACRE TRACT
JACOB DARST
A-113
50' TECO PIPEUNE CO. EASEMENT;
V-1170, P-633 DRGuCT
50' TECO PIPEUNE co. EASEMENT
TO BE USED AS TEMPORARY .
CONSTRUCTION EASEMENT
P.O.B. PIPEUNE
EASEMENT
Cl 30' PERMANENT
EASEMENT
S 35.14'20' E
78.39'
END OF PIPEUNE
EASEMENT
( GU-93 )
GLENN JEFFREY KUTZ
2.00 ACRES
V-826, P-502, DRGuCT
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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 DIRECTION.
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PERMANENT EASEMENT CENTERUNE LENGTH = 78.39 FEET
PERMANENT EASEMENT ACREAGE=0.05 ACRES
TEMPORARY EASEMENT ACREAGE=O.09 ACRES
200 100 0
~
SCALE IN FEET
200
I
DATE 10/00
DATE
EUil
SHINI!R MosELllY AND AssociA'I1!S. (Ne.
I!NOINI!ERS & CONSULTANI'S
SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
"SNorthc---....... S"'165O
~ CI>dotI. T_1I471
GU093PLT
GUADALUPE COUNTY
SCAlE GRAPHIC
TEXAS
DRAWING No,
SHEET
GU93
--~--------~~-___"___'__'__"__'~__'______'~n_____.._,...~"_'____.'_'_..___~._~
EXHIBIT "E"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Glenn Jeffrey Kutz .
GU-95
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
36.943 acre tract of land conveyed from Hamilton Kutz, Sr., and wife Wilma Kutz to Glenn Jeffrey Kutz
by Gift Deed dated December 3,1998, and recorded in Volume 1389, Page 213 of the Official Records of
Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, 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 36,943 acre tract for the northwest end of this
easement, whence the west comer of said 36,943 acre tract bears S 420 55' 36" W, a distance of 1102.70
feet;
Thence S 470 56' 20" E with the centerline of said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1158, Page
43, Deed Records of Guadalupe County, Texas, a distance of 1033.70 feet to a point in the southeast line of
said 36.943 acre tract and the northwest line of Wosnig Road for the southeast end of this easement,
whence the south comer of said 36.943 acre tract bears S 450 28' 14" W, a distance of 1154.93 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length = 1033.70 feet
Permanent Easement Acreage = 0.71 acres
Temporary Easement Acreage = 1.19 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 31st day of October, 2000.
Re ~~and Surveyor
Te~::stration No. 4229
EXHIBIT "E"
Page 2 of 2 Pages
i
I
P.O.B. PIPELINE
EASEMENT
WEST CORNER OF
36.943 ACRE TRACT
JAC B
A
'50' TECO PIPELINE CO. EASEMENT;
V-1158, P-43 DRGuCT
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EASEMENT "~~'{J>"
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50' TECO PIPELINE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
( GU-95 )
GLENN JEFFREY KUTZ
36.943 ACRES
V-1389, P-213. ORGuCT
SOUTH CORNER OF
36.943 ACRE TRACT
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~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
e. lAND SURVEYOR IN THE STATE OF TEXAS. HEREBY
o STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTION.
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PERMANENT EASEMENT CENTERLINE LENGTH=1033.70 FEET
PERMANENT EASEMENT ACREAGE=0.71 ACRES
TEMPORARY EASEMENT ACREAGE= 1.19 ACRES
300 150 0
~
SCALE IN FEET
300
,
DATE 10/00
DATE
!?iUJ
SHINER MOSZLEY' AND AssoclATI!S. INe.
ENGINEERS.. CONSULTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
55' N_ c::o.-m..-. Sulta ..so
Corpu Cbrtd.. T.... 1147.
GU095PLT
GUADALUPE COUNlY
SCALE GRAPHIC
TEXAS
DRAWING No.
SHEET
GU95
-~""._-"-'-'--'-'-<-----'-~~------~...~..-_._._~_._.--.._._-~._...._._..,._._.~."._.,._--"~--_._."--,~"._-...-----_._._--~~-~...-.., ,,-~--,._-----,---.._,---_._---._--
EXHIBIT "F"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Hamilton Kutz, Jr.
GU-96
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
10.795 acre tract of land conveyed from Hamilton Kutz, Sr. to Hamilton Kutz, Jr. by Deed dated December
3, 1998, and re~o,ded in Volume 1389, Page 209 of the Official Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, 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 10.795 acre tract for the northwest end of this
easement, whence the west comer of said 10.795 acre tract bears S 430 58' 29" W, a distance of 1089,05
feet;
Thence S 470 56' 20" E with the centerline of said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1158, Page
43, Deed Records of Guadalupe County, Texas, a distance of 293.22 feet to a point in the southeast line of
said 10.795 acre tract for the southeast end of this easement, whence the south comer of said 10.795 acre
tract bears S 420 55' 36" W, a distance of 1102.70 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length ~ 293.22 feet
Permanent Easement Acreage = 0.20 acres
Temporary Easement Acreage = 0.34 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 31 st day of October, 2000,
.. .~~~""
T~~~ation No. 4229
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WEST CORNER OF ~~tO
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10.795 ACRE TRACT
EXHIBIT "F"
Page 2 of 2 Pages
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(t 30' PERMANENT
EASEMENT
P.O.B. PIPELINE
EASEMENT
50' TECO PIPELINE CO. EASEMENT;
V-1158. P-43 ORGuCT
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50' TECO PIPELINE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
~o- 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.
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PERMANENT EASEMENT CENTERLINE LENGTH=293.22 FEET
PERMANENT EASEMENT ACREAGE=0.20 ACRES
TEMPORARY EASEMENT ACREAGE=0.34 ACRES
200 100 0 200
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SCALE IN FEET
DRN DEG
DATE 10/00
DATE
.8lll
SHINER MosELEY AND AsSOCIATES, INC.
ENGINEERS .. CONstlLTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DRAWING No,
555 Nardi eu....aa...... Sm. 1650
c:orp.. c:::brUd. T__ 11471
GU96
SMA JOB No.
90308
GU096PLT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
SHEET
STATE OF TEXAS
COUNTY OF GUADALUPE
EXHIBIT "G"
Page 1 of 2 Pages
Fred Michael Kutz
GU-97
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
36.960 acre tract ofland conveyed from Hamilton Kutz, Sr. to Fred Michael Kutz by Deed dated December
3, 1998, and recorded in Volume 1389, Page 206 of the Official Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, 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 36.960 acre tract for the northwest end of this
easement, whence the west corner of said 36.960 acre tract bears S 440 07' 59" W, a distance of 1040.07
feet;
Thence S 470 56' 20" E with the centerline of said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1158, Page
43, Deed Records of Guadalupe County, Texas, a distance of 1025.94 feet to a point in the southeast line of
said 36.960 acre tract for the southeast end of this easement, whence the south corner of said 36.960 acre
tract bears S 430 58' 29" W, a distance of 1089.05 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty.
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length = 1025.94 feet
Permanent Easement Acreage = 0.71 acres
Temporary Easement Acreage = 1.18 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 31st day of October, 2000.
R, .1u,(2rid!.""
Te~~:tion No. 4229
-----"--_._-'-'~---_._--~._---~----~----!'-----"---_._._.._.--'-~_.._-"--~.,_.-.'----."--,-"-----
EXHIBIT "e"
Page 2 of 2 Pages
i
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P.O.B. PIPELINE
EASEMENT
50' TECO PIPEUNE CO. EASEMENT;
." V-1158, P-43 ORGuCT
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" ~ 30' PERMANENT ""~.,,
· ~ EASEMENT ~~ "
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t:-,.f JACOB DARST ?~~{),"-"
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50' TECO PIPELINE CO. EASEMENT "
TO BE USED AS TEMPORARY .
CONSTRUCTION EASEMENT I
( GU-97 )
FRED MICHAEL KUTZ
36.960 ACRES
V-1389, P-206, ORGuCT
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SOUTH CORNER OF
36.960 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 DIRECTION.
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PERMANENT EASEMENT CENTERLINE LENGTH=1025.94 FEET
PERMANENT EASEMENT ACREAGE=0.71 ACRES
TEMPORARY EASEMENT ACREAGE= 1.18 ACRES
300 150 0 300
~ I
SCALE IN FEET
DATE
10/00
b5lll
SHINER MOSI!lJN AND ASSOCIATES. INC.
I!NGINEERS" CONSULTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DATE
SSSN_C._8_ 8_1650
Corpua Cbriotl. T_ 71471
TEXAS
GUADALUPE COUNlY
SCALE GRAPHIC
DRAWING No.
SHEET
GU097PLT
GU97
STATE OF TEXAS
COUNTY OF GUADALUPE
EXHIBIT "H"
Page 1 of 2 Pages
Hamilton Clifton Kutz, Jr.,
Trustee for Dusty Edward Kutz
GU-98
Field not~s of the centerline of a pipeline easement 30 feet in width, being on, under and across a
18.445 acre ~act of land conveyed from Hamilton Kutz, Sr. to Hamilton Kutz, Jr., Trustee for Dusty
Ed'.vard Kutz by Deed dated December 3, 1998, and recorded in Volume 1389, Page 203 of the Official
Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, 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 18.445 acre tract for the nor.hwest end of this
easement, whence the west comer of said 18.445 acre tract bears S 440 04' 55" W, a distance of 855.54
feet;
Thence in an easterly direction with the centerlin: of said easement, N 76010' 43" E, a distance of
192.69 feet;
Thence S 470 56' 20" E, a distance of 413.25 feet and running 40.00 feet southwest of and parallel
to the centerline of the 50 foot wide TECO pipeline easement recorded in Volume 1150, Page 43, Deed
Records of Guadalupe County, Texas to a point in the southeast line of said 18.445 acre tract for the
southeast end of this easement, whence the south comer of said 18.445 acre tract bears S 440 07' 59" W, a
distance of 1040.07 feet.
1;-
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide permanent easement granted to TECD Pipeline Company where said TECO easement parallels
and abutts the northeast boundary of this thirty foot wide permanent easement and a 50 foot wide
temporary work easement abutting the southeast boundary of the above described thirty foot wide pipeline
easement.
Easement Length = 605.94 feet
Permanent Easement Acreage = 0.42 acres
Temporary Easement Acreage = 0.77 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 31st day of October, 2000.
, .~ uio~l Lond S~""
e~tion No. 4229
EXHIBIT "H" ~
Page 2 of 2 Pages
N
I
P.O.B. PIPELINE
EASEMENT
O"t~
~ 3D' PERMANENT
EASEMENT
/' _ ~"jYJ~ .-....:.).. -l: ,.."-~' , 50' TECO PIPELINE CO. EASEMENT;
-t - - - - "'~~. V-1158, P-43 DRGuCT
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50' TEMPORARY , ~ ,,.. "
CONSTRUCTION ' , ~..:>_ ,
EASEMENT , V'
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50' TECO PIPELINE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
~l/'\COB DARST
A-1 1 3
( GU-98 )
HAMILTON CLIFTON KUTZ, JR.,
TRUSTEE FOR DUSTY EDWARD KUTZ
18.445 ACRES
V-1389, P-203, ORGuCT
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SOUTH CORNER OF
18.445 ACRE TRACT
~ 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.
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PERMANENT EASEMENT CENTERLINE LENGTH=605.94 FEET
PERMANENT EASEMENT ACREAGE=0.42 ACRES
TEMPORARY EASEMENT ACREAGE=0.77 ACRES
200 100 0
~
SCALE IN FEET
200
I
EJjJ]
SHINI!R Mosl!lJlY AND ASSOClATI!S. INC.
ENGlNEI!RS .. CONSULTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DATE 10/00
DATE
'55_~I_I_I'50
Cclopoo a.rIod. T_ 1M71
TEXAS
GUADALUPE COUNTY
SCALE GRAPHIC
SHEET
SMA JOB No.
DRAWING No.
GU098PLT
GU98
-__.___"'_h~'"~"'~"______~_"~'_'___~~"'"'__.~"'N~..__..,-"..._,_._-,._._-,._~.-t ....~~._.,___.~._..~____,..'~.______.____..u____.,__.._".__.,
EXHIBIT "I"
Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Hamilton Clifton Kutz, Jr.,
Trustee for Darren Ray Kutz
GU-99
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
18.445 acre tract ofland conveyed from Hamilton Kutz, Sr. to Hamilton Kutz, Jr., Trustee for Darren Ray
Kutz by Deed dated December 3, 1998, and recorded in Volume 1389, Page 201 of the Official Records of
Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Jacob Darst Survey, Abstract 113, 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 18.445 acre tract for the northwest end of this
easement, whence the west comer of said 18.445 acre tract bears S 44010' 45" W, a distance of24.22 feet;
Thence N 76010' 43" E, a distance of 973.34 feet with the centerline of said easement to a point
in the southeast line of said 18.445 acre tract for the southeast end of this easement, whence the south
comer of said 18.445 acre tract bears S 440 04' 55" W, ~ distance of 855.54 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 = 973.34 feet
Permanent Easement Acreage = 0.67 acres
Temporary Easement Acreage = 1.12 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 31 st day of October, 2000.
~L~
~~:tration No. 4229
EXHIBIT "I"
Page 2 of 2
( GU-99 )
HAMILTON CUFTON KUTZ, JR.,
TRUSTEE FOR DARREN RAY KUTZ
18.445 ACRES
V-1389, P-201, ORGuCT
JACOB DARST
A-1 1 3
50' TEMPORARY
CONSTRUCTION
EASEMENT
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18.445 ACRE TRACT
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PERMANENT EASEMENT CENTERUNE LENGTH=973.34 FEET
PERMANENT EASEMENT ACREAGE=0.67 ACRES
TEMPORARY EASEMENT ACREAGE=1.12 ACRES
200 100 0 200
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DATE 10/00
DATE
8Ul
SHINER MOSI!UY AND AssocIATllS. INC.
I!NGINBI!Il5 .. CONSULTANTS
SCHERlZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
"5_~__1_
~ CIIdod, T_ 71471
GU099PLT
GUADALUPE COUNlY
SCALE GRAPHIC
TEXAS
DRAWING No,
SHEET
GU99