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2001R15- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS &'50L()T//J..) ;1~, Or-/.!-/~- 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 TRACT OWNED GU-87 Wilburn H. Sheffel, et ux. Guadalupe Peter D. Smith 298 97.08 GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector 270 90.82 GU-111F Waldmar R. Zuehl, et ux. Guadalupe Claiborn Rector 270 175.83 and more fully described in Exhibits "A" through "C", 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 (05/01101) Page 1 of3 INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES ...:mM:L 2MW! GU-87 Wilburn H. Sheffel, et ux. Guadalupe Peter D. Smith 298 97.08 GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector 270 90.82 GU-IIlF Waldemar R. Zuehl,et ux. Guadalupe Claiborn Rector 270 175.83 more fully described in Exhibits "A" through "C" 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. 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 ofthe Governing Body. RESOLUTION SCHERTZ (05/01/01) Page 2 of 3 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 this45d day of (~.1 L ,2001. 4~~4~ in -' Mayor C/ .fv" City of Schertz, Texas ATTEST: ~t.d/ t2d-tJ--t-i<2.P ..../ City Secretary City of Schertz, Texas RESOLUTION SCHERTZ (05/01101) Page 3 of3 STATE OF TEXAS COUNTY OF GUADALUPE Wilburn H. Scheffel and wife, Lola U. Scheffel GU-87 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 97.08 acre tract of land conveyed from Joe H. Reinhard, et ai, to Wilburn H. Scheffel and wife, Lola U. Scheffel. By Warranty Deed dated October 2, 1996 and recorded in Volume 1232, Page 222 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Peter D. Smith Survey, Abstract 298, is situated in Guadalupe County, Texas, approximately 4.5 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 97.08 acre tract for the northwest end of this easement, whence a fence comer post found at north comer of said 97.08 acre tract bears N 580 53' 02" E, a distance of 380.59 feet; Thence S 350 13' 36" 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 665, Deed Records of Guadalupe County, Texas, a distance of 2650.68 feet to a point in the southeast line of said 97.08 acre tract for the southeast end of this easement, whence a fence comer post at the east comer of said 97.08 acre tract bears N 59015' 14" E, a distance of 144.17 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 and an additional strip of temporary easement shown on Exhibit B. Easement Length = 2650.68 feet Permanent Easement Acreage = 1.83 acres Temporary Easement Acreage = 3.04 acres + 3924.47 sf 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 12th day of October, 2000. Regl {re~1urveYor Tex~~:ration No. 4229 EXHIBIT "A" Page 1 of 2 Pages Exhibit "A" Page 2 of 2 Pages .~_. :So'}. #o:f;l . ~"Y"' "f;lC?l ~\J' :-..\ \ ,,:>.. \ ,,~ \ ,,~\ \ \ EASEMENT "\\: ,,:-.. \ ,,:>.. \ ,,:>.. \ C GU-87 ) \~ \ WILBURN H. SCHEFFEl, IT UX \\\:>.. \ 97.08 ACRES \'\ \ V-1232, P-222, ORGuCT \'\ \ '\~V 50' TECO PIPEUNE CO. EASEMENT; ~\~. '\ \.\ V-1170, P-665 DRGuCT ,,:>.. \ ,,:>.. \ ,\ \ ~\J':-" '\~"'. \: ~~~.\ 'b ~:>..~.:-.. 'dJ)-,\~ \ ~\ 3924.47 SF OF ADDmONAL \~\. \ ''l.''~ TEMPORARY EASEMENT ~~ \ ~b.~ ~ ,,:>.. \ ~c.J< h~"';' \~ \ ...) ;.!;~. .V'~~ \~~\\\ cr", ~\ \ (Jo. ..~ ,,:>.. \ .,b. \ ~,l:;) ",\. \ ~fj ~~'~ \\ ,,:>.. \ ~ 30' PERMANENT ,,:-..:-.. \ EASEMENT " ~ \ N59.15'14-E \~ \ 144.17' ,,:-.. \ 1 I PETER D. SMITH A-298 50' TECO PIPEUNE CO. EASEMENT TO BE USED PS TEMPORARY CONSTRUCTION EASEMENT DETAIL 15 o SEE DETAIL f ; t? END OF PIPEUNE EASEMENT ,0 ~ ~o. ~ '(.\G~" \#<;.~ ! 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. r ~ ... 8 5 ! '" f ,. '" '" '" -? il DRN DEG 1. DES ~ ~ CHK ,. .:; PERMANENT EASEMENT CENTERUNE lENGTH=2650.68 FEET PERMANENT EASEMENT ACREAGE=1.83 I\CRES TEMPORARY EASEMENT ACREAGE=3.04 ACRES + 3924.47 SF 300 150 0 ~ 300 I SCALE IN FEET 8UJ SHIHIl1t Mosl!LI!Y AND ASSOCIATES, IHe. ENGINEERS .. CONSULTANTS DATE 10/00 DATE SCHERTZ/SEGUIN LOCAl. GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT '5SN_~__I650 CoIpao CIoriolI, T_ 714.,. GUADALUPE COUN'TY SCALE GRAPHIC TEXAS SMA JOB No. DRAWING No. SHffi GU087PLT GU87 STATE OF TEXAS COUNTY OF GUADALUPE Victor Garza, Jr., et ux GU-IOm Field notes of the centerline of a pipeline casement 30 feet in width, being on, under and across a 90.82 acre tract of land conveyed from Seguin State Bank and Trust Company to Victor Garza, Jr., and wife, Marie T. Garza by Warranty Deed dated March 17, 1994 and recorded in Volume 1088, Page 483 of the Official Records ofOuadalupe County, Texas; Said pipeline easement is comprised of a portion of the Claiborn Rector Survey, Abstract 270, is situated in Guadalupe County, Texu, and is described by metes and bounds as follows: Beginning at a point in the easternmost, southwest line of said 90.82 acre tract for the southwest end of this easement, whence the northmost west comer of said 90.82 acre tract bears N 300 49' 41" W, a distance of 20.29 feet; Thence in a northeasterly direction with the centerline of said easement and running thirty foot south of and parallel to a Koch Pipeline Company thirty foot wide pipeline easement recorded in Volume 894, Page 510, Deed Records of Guadalupe County, Texas, as follows: N 650 42' 46" E, N 600 45' 43" E, 1124.23 feet; 898.46 feet, to a point in the northeast line of said 90.82 acre tract for the northeast end of this easement, whence the north comer of said 90.82 acre tract bears N 28022' 49" W, a distance of 195.43 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 and encompassing the above mentioned Koch Pipeline Company thirty foot wide easement. Easement Length '" 2022.69 feet Pennanent Easement Acreage = 1.39 acres Temporary Easem..:nt Acreage'" 2.32 acres I, Ge.orge 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 Jan~, 2001. ~~~L as Registration No. 4229 EXHIBIT "B" Page 1 of 2 Pages 1{: EXHIBIT "B" Page 2 of 2 Pages CLAIBORN RECTOR A-270 30' KOCH PIPEUNE CO. EASEMENT' . V-894, P-510, DRGuCT Iii (,) l ... <:'! 1: C; €. ! o '" . ~ S ~ ~ " a: ,/ '" i '" ,/ '" g: ;:- II DRN .~ DEG e ~ DES " ~ CHK VI ,/ .:; f I NORTH CORNER OF 90.82 ACRE TRACT '. (GU-1078) VICTOR GARZA, ET UX 90.82 ACRES V-1088, P-483, ORGuCT PERMANENT EASEMENT CENTERUNE LENGTH=2022.69 FEET PERMANENT EASEMENT ACREAGE=1.39 ACRES TEMPORARY EASEMENT ACREAGE=2.32 ACRES 300 150 0 300 ~ I ffiJ SHINER Mosl!LIlY AND AllSOCIAT1!S. INe. ENCiINI!ERS .. CONSULTAI'n'S '''N_~__ 1650 c..p. Cbdod, T_ 71471 DRAWING No. GU1078PLT SCALE IN FEET SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADALUPE COUNlY SCALE GRAPHIC SHEET TEXAS GU1078 STATE OF TEXAS COUNTY OF GUADALUPE Waldemar R Zuehl, et ux GU-IllF Field notes of the centerline of a pipeline easement 30 feet In width, being on, under and across a 175.83 acre tract being 176.07 acre tract of land conveyed from Arnold W. Zuehl and Monroe C. Zuehl to Waldemar R. Zuehl and Doris A. Zuehl by Warranty Deed dated September 3, 1983, and recorded in Volume 686, Page 20 of the Deed Records of Guadalupe County, Texas, save and except 0.24 acres Quitclaimed to Monroe C. Zuehl by Waldemar R. Zuehl by Quitclaim Deed recorded in Volume 693, Page 596, Deed 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 folIows: Beginning at a point in the northerly, northwest line of said 175.83 acre tract for the northwest end of this easement, whence the north comer of said 175.83 acre tract bears N 560 02' 10" E, a distance of 15.00 feet, N 600 04' 08" E, a distance of 743.40 feet; Thence in an easterly direction with the centerline of said easement as folIows: S 310 01' 29" E, 575.26 feet; Thence N 640 48' 35" E and running thirty feet southeast of and paralIel to the centerline ofa Koch pipeline located within a Koch 30 foot easement recorded in Volume 894, Page 500, Deed Records of Guadalupe County, Texas, a distance of746.33 feet; Thence S 29045' 27" E, N 58054' 39" E, S 770 38' 01" E, 120.24 feet; 436.34 feet; 76.07 feet, to a point in the southerly, northeast line of said 175.83 acre tract for the southeast end of this easement, said southeast end point being on the southwest right-of-way line of FM 465 and from whence the soutlunost northeast comer of said 175.83 acre tract bears N 29056' 26" W, a distance of 108.35 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 and west boundaries of the above described thirty foot wide pipeline easement. Easement Length - 1954.24 feet Permanent Eas~ment Acreage - 1.35 acres Temporary Easement Acreage = 2.24 acres EXHIBIT "c" Page 1 of 2 Pages