2001R07- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
1f;.~J..i)7?rJJ Ab, ()/-~-1
RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING
PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE
ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY
CONSTRUCTION EASEMENTS !N 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
251.00 I 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 ~ ABSTRACT ACRES
....I!!M:L ~
GU-83 Double NN Ranch, Ltd. Guadalupe J.D. Brown 62 119.46
GU-83C Bertie Billings, et ux. Guadalupe J.D. Brown 62 5.36
GU-91 Dora C. Schmoekel Guadalupe Jacob Darst 113 50.44
GU-100 Alton W. Dreyer, et ux. Guadalupe William Bracken 52 207.135
GU-IOI Alton W. Dreyer, et ux. Guadalupe William Bracken 281 30.00
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 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 (03/06/01)
Page I of3
INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES
~ OWNED
GU-83 Double NN Ranch, Ltd. Guadalupe J.D. Brown 62 119.46
GU-83C Bertie Billings, et ux. Guadalupe J.D. Brown 62 5.36
GU-91 Dora C. Schmoekel Guadalupe Jacob Darst 113 50.44
GU-IOO Alton W. Dreyer, et ux. Guadalupe William Bracken 52 207.135
GU-IOI Alton W. Dreyer, et ux. Guadalupe William Bracken 281 30.00
more fully described in Exhibits "A" through "E" 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.
RESOLUTION
SCHERTZ (03/06/01)
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, detennined, 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 ,::-fd ~ ~. 2001.
Mayor
City of Schertz, Texas
ATTEST:
7:#~ ~~~C'.-/
City Secretary
City of Schertz, Texas
RESOLUTION
SCHERTZ (03/06/01)
Page 3 of3
EXHIBIT "A" J;>age 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Double NN Ranch, Ltd.
GU-83
Field notes of the centerline of a pipeline casement 30 feet in width, being on, under and across a
119.46 acre tract of land belonging to Double NN Ranch, Ltd., a Texas Limited Partnership, recorded in
Volume 1498, Page 352 of the Official Records of Guadalupe County, Texas, save and except a 5.36 acre
tract known as Tract 14 in Partition Deed recorded in Volume 771, Page 422, Deed Records of Guadalupe
County, Texas; .
Said pipeline casement is comprised of a portion of the J. D. Brown Survey, Abstract 62, is
situated in Guadalupe County, Texas, approximately 5 1/2, miles southeast of the town of Marion and is
described by metes and bounds as follows:
Easement 1
Beginning at a point in the most southerly northwest line ofsaid 119.46 acre tract for the west end
of this casement, whence southerly west comer of said 119.46 acre tract bears N 350 01' 30" W, a distance
of 59.55 feet;
Thence in an easterly direction with the centerline of said casement and running 40.00 feet
northeast of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume
1170, Page 670, Deed Records of Guadalupe County, Texas, as follows:
N 870 00' 00" E,
N 78018' 46" E,
N 840 04' 59" E,
57.20 feet;
1~19.10 feet;
560.21 feet,
to a point in the easterly line of Tract 11 of said Partition Deed for the cast end of this casement, whence
the southeast comer of said Tract 11 bears S 280 30' 56" E, a distance of 574.65 feet.
Easement 2
Beginning at a point in the westerly line of Tract 15 of said Partition Deed for the west end of this
casement, whence the south comer of Tract 15 bears S 360 49' 55" E, a distance of408.10 feet;
Thence in an ea:sterly direction with the centerline of said casement and running 40.00 feet
northeast of and parallel to the centerline of the SO foot wide TECO Pipeline Easement recorded in Volume
1170, Page 670, Deed Records of Guadalupe County, Texas, as follows:
N 840 04' 59" E,
S 850 20' 47" E,
S 740 46' 34" E,
S 64012' 21" E,
S 530 38' 08" E,
S 430 03' 53" E,
272.50 feet;
47.50 feet;
47.50 feet;
47.50 feet;
47.50 feet;
75.50 feet,
to a point on the southeast line of Tract 16 of said Partition Deed for the cast end of this casement, whence
the south comer of Tract 15 bears S 470 05' 13" W, a distance of344.28 feet.
Additionally, a temporary work casement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary casement being the same as the above mentioned fifty-
foot wide permanent casement granted to TECO Pipeline Company.
Easement Length - 1836.51 feet Easement 1 + 538.00 feet Easement 2
Pcnnanent Easement Acreage = 1.26 acres Easement 1 + 0.37 acres Easement 2
Temporary Easement Acreage = 2.11 acres Easement 1 + 0.62 acres Easement 2
I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true
and correct description cf an actual survey made on the ground, this the 22nd day of January, 2001.
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EXHIBIT "A" Page 2 of 2 pagts
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B
6 2
50' TECO PIPELINE CO. fASEMENT;
V-1170. P-670 DRGuCT (TYP)
II 30' PERMANENT
fASEMENT 1
N 35'01'30. W
59.55' ",.-<."
P.O.s."'PIPELlNE
",~EMENT 1
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~ I,. GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
l::I lAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
~ STATE THAT THIS IS A CORRECT PLAT OF A SURVEY PERMANENT fASEMENT 1 CENTERUNE LENGTH=1836.51 FEET
MADE ON THE GROUND UNDER MY DIRECTION. PERMANENT fASEMENT 1 ACREAGE-1.26 ACRES
TEMPORARY fASEMENT 1 ACREAGE-2.11 ACRES
PERMANENT fASEMENT 2 CENTERUNE LENGTH=538.00 FEET
PERMANENT fASEMENT 2 ACREAGE-O.37 ACRES
TEMPORARY fASEMENT 2 ACREAGE-O.62 ACRES
400 200 0
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SCALE IN FEET
8111
SHINER MOSBLIlY AND AssoctAns. INC.
1!N0INIlDS ACONSULTANrS
~ SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
S55 H_~ ........... IISO
CaIpaoQriod. T_7M7I
GUADALUPE COUNTY
TEXAS
DRAWING No.
SHEET
SCALE
GU083PLT
GRAPHIC
GU~3
EXHIBIT "B" Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Bertie Billings, et ux
GU-83C
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
5.36 acre tract ofland also referred to as Tract 14 conveyed from Double NN Ranch, Ltd., a Texas Limited
Partnership to Bertie Billings, et ux and recorded in Volume 1488, Page 72 of the Official Records of
Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the 1. D. Brown Survey, Abstract 62, is
situated in Guadalupe County, Texas, approximately 5 1/2 miles southeast of the town of Marion and is
described by metes and bounds as follows:
Beginning at a point in the southwest line of said 5.36 acre tract for the west end of this easement,
whence south comer of said 5.36 acre tract, the same being Tract 14, bears S 280 30' 56" E, a distance of
574.65 feet;
Thence N 840 04' 59" E, with the centerline of said easement and nmning 40.00 feet northeast of
and parallel to the centerline of the 50 foot wide TECD Pipeline Easement recorded in Volume 1170, Page
670, Deed Records of Guadalupe County, Texas a distance of 250,59 feet to a point in the northeast line of
said 5.36 acre tract for the east end of this easement, whence the east comer of said 5.36 acre tract, the
same being Tract 14, bears S 360 49' 55" E, a distance of408.10 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 easep1ent being the same as the above mentioned fifty-
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length '" 250.59 feet
Permanent Easement Acreage'" 0.17 acres
Temporary Easement Acreage'" 0.29 acres
I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true
and correct description oran actual survey made on the ground, this the 22nd day of 1anuary, 2001.
!~
~tration No, 4229
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50' TECO PIPEUNE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
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EXHIBIT lIB" Page 2 of 2 Pages
N 84'04'59" E
250.59'
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{ 30' PERMANENT
EASEMENT
END OF PIPEUNE
'~EMENT
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P.O.B. PIPELINE
EASEMENT
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././ V-1170, P-6i'o, ORGu&
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BERllE BIWNGS, ET UX
5.36 ACRES
V-1488, P-72. ORGuCT
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PERMANENT EASEMENT CENTERUNE LENGTH-250.59 FEET
PERMANENT EASEMENT ACREAGE-0.17 ACRES
TEMPORARY EASEMENT ACRtAGE=0.29 ACRES
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SHINIlJl Mos~ AND ASSOCIATD. JNC.
BNGlNaaRS & CONSULTANTS
~ SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
'''_~.__,-
ea.p.~ T_1M18
SUA JOB No.
GU083CPLT
GUADALUPE COUNTY
SCALE GRAPHJC
TEXAS
90308
DRAWING No.
SHEET
GU83C
EXHIBIT lie' Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Dora C. Schmoekel
GU-91
Field notes of the centerline ofa pipeline easement 30 feet in width, being on, under and across a
50.44 acre tract of land conveyed from Melvin Dojahn, et ux, to Dora C. Schmoekel by Warranty Deed
dated December 22, 1992 and recorded in Volume 1019, Page 994 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 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 50.44 acre tract for the nonhwest end of this
easement, whence the west comer of said 50.44 acre tract bears S 53. OS' 40" W, a distance of 31S.54 feet;
Thence S 35. 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 1164. Page
IS9, Deed Records of Guadalupe County, Texas, a distance of 147S.01 feet to a point in the southeast line
of said 50.44 acre tract for the southeast end of this easement, whence the south comer of said 50.44 acre
tract bears S 60" 46' 5S" W, a distance of 175.3S 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 = 147S.01 feet
Permanent Easement Acreage = 1.02 acres
Temporary Easement Acreage = 1.70 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 12'" day of October, 2000.
Re ~-~~~or
T~~tion No. 4229
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EXHIBIT "e" Page 2 of 2 Pages
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P.O.B. PIPELINE
E'ASEMENT
\ ~ 50' TECO PIPELINE CO. E'ASEMENT
\ \ TO BE USED 1-5 TEMPORARY
\ \ \ CONSTRUCTION EASEMENT
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II 30' PERMANENT \\~\.f\ \
EASEMENT \'u'A \
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V-1164, P-189 DRGuCT \ \~\
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C GU-91 )
DORA C. SCHMOEKEl
50.44 ACRES
V-1019, P-994, DRGuCT
JACOB DARST
A-1 1 3
WEST CORNER OF
50.44 ACRE TRACT
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! I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
- lAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
2' STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTION.
SOUTH CORNER OF
50.44 ACRE TRACT
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PERMANENT E'ASEMENT CENTERUNE LENGTH=1478.01 FEET
PERMANENT EASEMENT ACREAGE=1.02 ACRES
TEMPORARY EASEMENT ACREAGE= 1.70 ACRES
200 100 0
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SCALE IN FEET
200
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8U]{f SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
5_ MOSIlUY ANDAssocIATI!lI. INC.' EXH I BIT B
IlNGDfUIIlI&CONSUl.TANTII PIPELINE EASEMENT
SS'_~__I_
~QdoII, T_7M7lI
TEXAS
GUADALUPE COUNlY
SCALE GRAPHIC
SHEET
DRAWING No.
GU091PLT
GU91
EXHIBIT "D" Page"l of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Alton W. Dreyer, et ux
GU-IOO
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
207.135 acre tract ofland conveyed from Willie Dreyer, et ux to Alton W. Dreyer, et ux by Warranty Deed
dated October 22,1969, and recorded in Volume 424, Page 280 of the Deed Records of Guadalupe County,
Texas;
Said pipeline easement is comprised of a portion of the WM. Bracken Survey, Abstract 52, 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 207.135 acre tract for the west end of this
easement, whence the south comer of said 207.135 acre tract bears S 450 48' 39" E, a distance of 964.45
feet;
Thence N 760 10' 43" E, a distance of 1820.02 feet with the centerline of said easement to a point
in the southeast line ofsaid 207.135 acre tract for the east end of this easement, whence the south comer of
said 207.135 acre tract bears S 440 10' 45" W, a distance of 1543.64 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 - 1820.02 feet
Pennanent Easement Acreage - 1.25 acres
Temporary Easement Acreage - 2.09 acres
I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true
and comet description of an actual survey made on the ground, this the 27th day of November, 2000.
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Pages ~
,
WM. BRACKEN
A-52
C GU-100 )
ALTON W. DREYER. ET UX
207.135 ACRES
V-424. P-2BO. DRGuCT
END OF PIPEUNE
EASEMENT
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J:30' PERMANENT' c~-::::.- i
EASEMENT~~Q'P~--- - - --
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207.135 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 CORREr:T PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTI N.
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ERMANENT EASEMENT CENTERUNE LENGTH..1B2Q.02 FEET
MANENT EASEMENT ACREAGE=1.25 ACRES
PORARY EASEMENT ACREAGE=2.09 ACRES
300 150 0
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300
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SCALE IN FEET
DATE 10/00
DATE
Slil
5_ MOIIIlLIIY AND AssocIATBlI, INC.
~&CONlIULTANI'S
~ SCHERlZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPEUNE EASEMENT
~i1!-a;
5SS_~__I_
CorpooQdoll, ~ -
GU100PLT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
DRAWING No.
SHEET
GU100
EXHIBIT "E" Page 1 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Alton W. Dreyer, et ux
GU-I0l
Field notes of the centerline of a pipeline easement 30 feet in width, being oD, under and across a
30.0 acre tract (Tract 2) and a 57.135 acre tract (Tract 3) of land conveyed from Willie Dreyer, et ux to
Alton W. Dreyer, et ux by Warranty Deed dated October 22, 1969, and recorded in Volume 424, Page 280
of the Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of portions of the lames Rowden Survey, Abstract 281 and
Wm. Bracken Survey, Abstract 52, ilIlituated in Guadalupe County, Texas, and is described by metes and
bounds as follows:
Beginning at a point in the west line of said 57.135 acre tract for the west end of this easement,
whence the south comer of said 57.135 acre tract bears S 300 48' 39" E, a distance of 309.32 feet;
Thence in an easterly direction with the centerline of laid easement as follows:
N 65014' 07" E,
N 760 10' 43" E,
398.91 feet;
2322.35 feet,
to a point in the northeast line of said 30.0 acre tract for the east end of this easement, whence the south
comer of said 30.0 acre tract bears S 450 48' 39" E, a distance of964.45 feet.
Additionally, a 50 foot wide temporary work easement, for the pmpose 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 - 2721.26 feet
Permanent Easement Acreage" 1.87 acres
Temporary Easement Acreage - 3.12 acres
I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true
and correct description of !Ill actual survey made on the ground, this the 27th day of November, 2000.
Registered Professional Land Surveyor
Texas Registration No. 4229
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EXHIBIT liE" Page 2 of 2
Pages ~
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WM. BRACKEN
A-52
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(GU-l0l) '" (00-101)
ALTON W. DREYER, ET UX ALTON W. DREYER, ET UX
TRACT 3 TRACT 2
57.135 ACRES 30.0 ACRES
V-424, P-2BO, DRGuCTV-424, P-2BO. DRGuCT
."
! \.. SOUTH CORNER OF
57.2 ACRE TRACT
S 30'48'39- E
309.32'
JAMES ROWDEN
A-281
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~ I, GEORGE RUBA1..CABA, A REGISTERED PROFESSIONAL
S 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=2721.26 FEET
PERMANENT EASEMENT ACREAGE-l.B7 ACRES
TEMPORARY EASEMENT ACREAGE=3.12 ACRES
500 250 0
~
SCALE IN FEET
500
~
II
DATE 11/00
DATE
8W
5_ MOlIIIUlY AND AssoaATa,IIlC.
~"CONSllLTANTS
GU101PlT
SCHERTZ/SEGUIN lOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADAlUPE COUNTY
SCAlE GRAPHIC
TEXAS
"S_~__l_
c.,.. Qdoll, T_71471
DRAWING No.
SHEET
GU10l