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2001R14- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS . Af31!J.L LJTlI!JAl Ak. ,j/-/C- /4' 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 MATERS 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-85 Harvey G. Schlichting Guadalupe Felix Chenault 94 25.00 GU-71 , Ernest K. Bryan Guadalupe A.C. Davis 105 220.73 GU-72 GU-7IA Ernest K. Bryan Guadalupe A.C. Davis 105 1.00 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 I: 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 (04/17101) Page 1 of3 INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES TRACT OWNED GU-85 Harvey G. Schlichting Guadalupe Felix Chenault 94 25.00 GU-71, Ernest K. Bryan Guadalupe A.C. Davis 105 220.73 GU-72 GU-7IA Ernest K. Bryan Guadalupe A.C. Davis 105 1.00 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 of the Governing Body. RESOLUTION SCHERTZ (04/17/01) Page 2 of3 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/1i:l:.- day of ,2001. Mayor City of Schertz, Texas ATTEST: ~.~ City Secretary City of Schertz, Texas RESOLUTION SCHERTZ (04/17/01) Page 3 of 3 STATE OF TEXAS COUNTY OF GUADALUPE Harvey G. Schlichting GU-85 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 25 acre tract of land conveyed from The Veterans Land Board of the State of Texas to Harvey G. Schlichting by Contract of Sale and Purchase dated November 12, 1971, and recorded in volume 447, Page 63 of the Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Felix Chenault Survey, Abstract 94, is situated in Guadalupe County, Texas. ~pproximately 5 miles southeast of the town of Marion and is described by metes and bounds as fcHows: Beginning at a point in the northwest line of said 25 acre tract for the west end of this easement, whence an W' iron rod found in the southwest line of Prairie Hill Road (County Road 404-B) at the north comer of said 25 acre tract, bears N 600 04' 29" E, a distance of 472.40 feet; Thence N 860 59' 22" E with the centerline of said easement and running 40.00 feet northeast of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1182, Page 2, Deed Records of Guadalupe County, Texas, a distance of 554.40 fectto a point in the southwest line of said Prairie Hill Road (County Road 404-B) and the northeast line of said 25 acre tract for the east end of this easement, whence said W' iron rod found at the north comer of said 25 acre tract bears N 340 55' 20" W, a distance of 251.92 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 = 554.40 feet Permanent Easement Acreage = 0.38 acres Temporary Easement Acreage = 0.755 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 12th day of October. 2000. R --[~,.ym =!~ation No. 4229 ,. ,. EXHIBIT "A" Page 1 of 2 Pages i ~ b o NORTH CORNER OF 25 ACRE TRACT 50' TECO PIPEUNE CO. EASEMENT; V-1182, P-2 DRGuCT P.o. SMITH A-298 P.O.B. PIPEUNE EASEMENT JOSHUA BROWN A-52 END OF PIPEUNE EASEMENT ----- '\ ~ ~ 1b ~ ~ "OlI" ~ It 30' PERMANENT EASEMENT 50' TECO PIPEUNE CO. EASEMENT TO BE USED /1S TEMPORARY CONSTRUCTION EASEMENT C GU-85 ) HARVEY G. SCHUCHTING 25 ACRES V-477, P-63, DRGuCT I' FELIX CHENAULT A-94 ~ N cO <:! ~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL '0- 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 ." ~ :ll o % " ii: .,,- '" . ." .,,- :8 I') o 01 .,,- 01 01 01 :;. .:l DRN l: DEG l DES .,,- ." ! CHK ,. -'; PERMANENT EASEMENT CENTERUNE LENGTH=554.40 FEET PERMANENT EASEMENT ACREAGE=0.38 ACRES TEMPORARY EASEMENT ACREAGE=0.755 ACRES 200 100 0 ~ 200 , SCALE IN FEET DATE 10/00 DATE gjU] SIUHU MOSELEY AND ASSOCtA'J1!S. me. I!NGlHEERS .. CONSULTANTS 5SSN_~_I_I"O CaIpoo a.tatI, T_ 71471 SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADALUPE COUNlY TEXAS DRAWING No. GU085PLT SCALE GRAPHIC SHEET GU85 EXIlIBlT "A" Page 2 of 2 Pages STATE OF TEXAS COUNTY OF GUADALUPE Ernest K. Bryan GU-7I, GU-72 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 220.73 acre tract of land described in two tracts (45.23 acres and 175.5 acres) and conveyed from Albert Wuest, et ai, to Ernest K. Bryan, et ux, by Deed dated February I, 1965, and recorded in Volume 373, Page 614 of Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the A. C. Davis Survey, Abstract 105, and the Hugh M. 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 southwest line of said 175.5 acre tract for the north end of this easement, whence the west corner of said 175.5 acre tract bears N 230 \0' 54" W, a distance of 646.08 feet, and N 230 49' 24" W, a distance of911.46 feet; Thence in a southerly direction with the centerline of said easement and running 40.00 feet northeast of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1117, Page 36, Deed Records of Guadalupe County, Texas, as follows: S 550 49' 39" E, S 430 56' 10" E, S 320 03' 52" E, S 200 \0' 45" E, 2164.42 feet; 48.46 feet; 48.46 feet; 144.12 feet to a point in the southeast line of said 45.23 acre tract, for the south end of this easement, whence the east corner of said 45.23 acre tract bears N 700 19' 06" E, a distance of 116.27 feet, and N 830 19' 06" E, a distance of 262.07 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 = 2405.46 feet Permanent Easement Acreage = 1.66 acres Temporary Easement Acreage = 2.55 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 August, 2000. R6~~"" Texas Registration No. 4229 ,. E:mIBIT "B" Page 1 at 2 Pages ERNEST K. BRYAN 4S.23 ACRES ~ . V-373, P-614, DRGuCT ~ I, GEORGE RUBAlCABA, A REGISTERED PROFESSIONAl A g 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. b u ~ :;j q; on .;; o '" . ." ~ '" .... ~ r:: o ::> " ~ '0 ii: ,/ '" . ." ,/ co o .... o Ol ,/ Ol Ol Ol ;;. .!! DRN l: DEG 'f " DES " ~ CHI< III ii SUA JOB No. f I ( GU-n.) ERNEST K. BRYAN 175.5 ACRES V-373, P-614, DRGuCT H G H M A 8 S 8 w F T 2 I' ~ S43.S6'10"E 48.46' ( GU-7l ) PERMANENT EASEMENT CENTERUNE LENGTH=240S,46 FEET PERMANENT EASEMENT ACREAGE=I.66 ACRES TEMPORARY EASEMENT ACREAGE=2.55 ACRES 400 200 0 ~ 400 I SCALE IN FEET DATE 08/00 DATE EWJ SHIHIR MOSIlLBY AND ASSOCIA11lS, 1Ne. IlNGIN_ "CONSULTANTS SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT SSS-c:..-S__lll5O Oacpoo ClIdoII, T_ 71471 GUADALUPE COUNTY SCALE GRAPHIC TEXAS GU7l, GU72 90308 DRAWING No, GU071&72PLT . SHEET E'\llIBIT "B" Page 2 of 2 Pages ~"~~.._-_._--_..__..~-~-----_.,->.._-.._---"----~ 11:1 ::1 r E~) .... ;~.~;~ 1 1,\ I L .r-r"t-=-,.t~._":I.: r'rr'o. JLJL_J '_ .__'.. ... ... I. STATE OF TEXAS COUNTY OF GUADALUPE Ernest K. Bryan GU-7IA Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 1.00 acre tract of land conveyed from Albert Wuest, et ai, to Ernest K. Bryan, et ux, by Deed dated February I, 1965, and recorded in Volume 373, Page 614 of Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the A. C. Davis Survey, Abstract 105 and 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 southwest line of said 1.00 acre tract for the southwest end of this easement, whence the northwest corner of said 1.00 acre tract bears N 230 53' 21" W, a distance of717.51 feet; Thence N 660 01' 03" E, with the centerline of said easement and running 40.00 feet northeast of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume I 177, Page 36, Deed Records of Gualialupe County, Texas, a distance of 10.00 feet to a point in the northeast line of said 1.00 acre tract, for the northeast end of this easement, whence the northeast corner of said 1.00 acre tract bears N 230 53' 21" W, a distance of714.41 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 = 10.00 feet Pennanent Easement Acreage = 300 sf Temporary Easement Acreage = 500 sf I' 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 24th day of January, 200 I. ~~~'Ym ~~tration No. 4229 _.~~~ 10,..:i.:'-~. 0 F r~ .. \. \ ,... ..... !-,^, ',; i::,\ 51i;,..-t-... 1,',.\. ,'" tc '~o' ',,, A~" .~:. ~~ ~~ ..~. (!,:' L'. :i~:d 'Ruiil\lCABA ~f '."'" .....,.,.,. t,(........;. (1229 v." I',. ~. ''"'. ".... <c '~'. "". .:'"5510".0 ,-C'. . '. '..... "''' ~;;..'::: S LJ R'J,;: ""'-~_.- " EXHIBIT "e" Page 1 of 2 Pages ._--~,...,_.,.,-~_.._-_._._------....~------_..,~--_..~~--_.._-'.-----"---"~. CR 4' V. (LEISSNER SCHOOL ROfo.D) NORTHWEST CORNER OF 1.00 ACRE TRACT ERNEST K. BRYAN 1.00 ACRES V-373, P-61., DRGuCT A. C. DAVIS A-105 NORTHEAST CORNER OF 1.00 ACRE TRACT 1 ~ HUGH M. SWIFT A-298 P .O.B. PIPEUNE EASEMENT N 66'01'03- E 10.00' l' 50' TECO PIPEUNE CO. EASEMENT; V-1177, P-36 DRGuCT Iii u ::l Q. .... o oD '!l o o ~ I, GEORGE RUBAlCABA, A REGISTERED PROFESSIONAL ~ 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. '" . ... ~ ;::: o 5 /' .:J o ii: /' '" . ... /' CD o '" o 01 /' 01 01 01 ;;. i DRN OEG oe ~ DES ! CHK <II /' .:; Sw. JOB No. 50' TECO PIPEUNE CO. EASEMENT TO BE USED AS TEMPORARY CONSTRUCTION EASEMENT PERMANENT EASEMENT CENTERUNE LENGTH=10.00 FEET PERMANENT EASEMENT AREA=300 SF TEMPORARY EASEMENT AREA=500 SF 40 20 0 ~ SCALE IN FEET 40 J DATE 01/01 DATE llilll SHINER Mosl!LEY AND ASSOC:IATBS. INC. I!NGINEIlItS . CONSULTAJml SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT llA E u-">/ -2 Tl-f 90306 DRAWING No. S"_~__I6S0 Caopoa CIIdotI, T_1I471 GUY1A GU071APLT GUADALUPE COUNlY SCAlE GRAPHIC TEXAS SHEET EXHIBIT "e" Page 2 of 2 Pages