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2001R04- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS 1fl.50.L-u//~,.J ~; CJ I-,R-..y 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-57 Stephen W. Rainbolt Sr. Guadalupe A. Mansolo 29 10 GU-77 James M. Lawson, et ux. Guadalupe Joshua Brown 62 30.06 GU-78 Dale Dyess Guadalupe Joshua Brown 62 42 GU-88 David Glen Schumann, et ux. Guadalupe Peter D. Smith 298 49.457 GU-88AA David Glen Schumann, et ux. Guadalupe Peter D. Smith 298 40.56 GU-88A Maurice Wiederstein Guadalupe Jacob Darst 113 107.247 GU-89 Dollie Faye Mergele, et vir. Guadalupe Jacob Darst 113 26.593 and more fully described in Exhibits "A" through "G", 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, RESOLUTION SCHERTZ (02/20/01) Page 1 of3 over, across, upon and under certain privately owned real properties In Guadalupe County, Texas, to wit: INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES TRACT OWNED GU-57 Stephen W. Rainbolt Sf. Guadalupe A. Mansolo 29 10 GU-77 James M. Lawson, et ux. Guadalupe Joshua Brown 62 30.06 GU-78 Dale Dyess Guadalupe Joshua Brown 62 42 GU-88 David Glen Schumann, et ux. Guadalupe Peter D. Smith 298 49.457 GU-88AA David Glen Schumann, et ux. Guadalupe Peter D. Smith 298 40.56 GU-88A Maurice Wiederstein Guadalupe Jacob Darst 113 107.247 GU-89 Dollie Faye Mergele, et vir. Guadalupe Jacob Darst 113 26.593 more fully described in Exhibits "A" through "G" 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, RESOLUTION SCHERTZ (02120/01) Page 2 of3 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 /~ d1J.y I ;~ ' 2001. ~~ Mayor City of Schertz, Texas ATTEST: ~~JUU {2b:L6--u<.VZ../ City Secretary City of Schertz, Texas RESOLUTION SCHERTZ (02/20/01) Page 3 of 3 ST ATE OF TEXAS COUNTY OF GUADALUPE Stephen W. Rainbolt. et ux GU-57 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 10.00 acre tract of land conveyed from Irwin C. Tablor, et ux, to Stephen W. Rainbolt, et ux, by Deed dated October 10, 1969, and recorded in Volume 424, Page 240 of Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Anastacio Mansolo Survey, Abstract 29, is situated in Guadalupe County, Texas, approximately 5 miles southwest of the town of Seguin and is described by metes and bounds as follows: Beginning at a point in the west line of said 10.00 acre tract f"r the northwest end of this easement, whence the southwest corner of said 10.00 acre tract bears S 160 03' 4t ,", E, a distance of 159.98 feet; Thence S 550 54' 37" 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 1170. Page 740, Deed Records of Guadalupe County, Texas, a distance of 208.37 feet to a point in the south line of said 10.00 acre tract, for the southeast end of this easement, whence the southwest corner of said 1 'J.OO acre tract bears S 730 56' 20"' W, a distance of 133.51 feet. Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in ~idth, 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 = 208.37 feet Permanent Easement Acreage = 0.14 acres Temporary Easement Acreage = 0.15 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 27'h day of July, 2000. !/'J / Y: / _/:/, fd Reg'Gt&ect ~fote&-?:Tn~af(Ji"u~veyor Tex'lIs Registration No. 4229 EXHIBIT "A" Page 1 of 2 Pages i I P.O.B. PIPELINE EASEMENT C GU-57 ) STEPHEN W. RAINBOLT 10 ACRES V-424, P-240, DRGuCT ANASTACIO MANSOLO A-29 50' TECO PIPELINE CO. EASEMENT TO BE USED ~ TEMPORARY CONSTRUCTION(EASEMENT SW CORNER OF 10 AC. TRACT END OF PIPELINE EASEMENT 5 u ~ 10 '!l ;;; N 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. I 2 ... 10 o ~ ~ ,,- '" . i o ~ '" g: ;::. !l DRN .l!. DEG e C1. DES i ~ CHK ,,- ~ PERMANENT EASEMENT CENTERLINE LENGTH=208.37 FEET PERMANENT EASEMENT ACREAGE=0.14 ACRES TEMPORARY EASEMENT ACREAGE=0.15 ACRES 1 00 50 0 ~ 100 I SCALE IN FEET DATE t5W SIIINER MosEU!Y AND ASSOCIATES. INC. ENGINEEIlS a. CONSULTANTS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT DATE 6/ o 00 DATEl 77-1',- _. ,.j) 55$ N_ c:.r-oINa._ ...... 11$0 Corpuo CblllII. T_ 7147. GUADALUPE COUNTY TEXAS SMA JOB No. 90308 DRAWING No. GU057PLT SCALE GRAPHIC SHEET GU57 STATE OF TEXAS COUNTY OF GUADALUPE James M. Lawson & wife Alice Lawson GU-77 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 30.06 acre tract of land conveyed from The Debo Company to James M. Lawson, et ux, by WlUTanty Deed dated March 15, 1982, and recorded in Volume 637, Page 211 of the Deed Records of Guadalupc County, Texas, and said 30.06 acre tract, being all of Lot 28 of the Muehlsville Subdivision as shown on map recorded in Volume 4, Pages 178-181 of the Map Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Joshua Brown Survey, Abstract 62, 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 most northerly, northwest line of said 30.06 acre tract (Lot 28) for the northwest end of this easement, whence a fence comer at the easterly west corner of said 30.06 acre tract (Lot 28) bears S 540 OS' 00" W, a distance of 442.00 feet; Thence S 280 34' 34" 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 1167, Page 714, Deed Records of Guadalupe County, Texas, a distance of 709 .17 feet to a point in the southeast line of said 30.06 acre tract (Lot 28), for the southeast end of this easement, whence an W' iron rod in the east line of Gold Dust Road (County Road 412) at the south corner of said 30.06 acre tract (Lot 28) bears S 540 01' 20" W, a distance of 669.53 feet, and S 540 27' 20" W, a distance of794.l0 ff'.ct. 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 = 709.17 feet Permanent Easement Acreage = 0.49 acres Temporary Easement Acreage = 0.81 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 251h day of September, 2000. R'~~ym Texas Registration No. 4229 EXHIBIT "B" Page 1 of 2 Pages 8 :z l1. N 9- ;;; N o JOSHUA BROWN A-52 f ~ \I.BAKER \ A-3 \ P.O.B. PIPELINE EASEMENT ( GU-77) JAMES M. LAWSON, ET UX 30.06 ACRES (LOT 28) V-637, P-211. DRGuCT \ \ EASTERLY WEST CORNER OF 30.06 ACRE TRACT & LOT 28 50' TECO PIPEUNE CO. EASEMENT TO BE USED AS TEMPORARY CONSTRUCTION EASEMENT /' II 30' PERMANENT EASEMENT END OF PIPEUNE EASEMENT GEORGE DAVIS A-104 SOUTH CORNER OF 30.06 ACRE TRACT & LOT 28 8 I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL ~2 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. ~ ... ~ .... i i ~ ~ ~ g o '" ..- '" '" '" ;;. ~ DRN DEG 'e ~ DES ... o ~ CHK ..- .:; SMA JOSNo. PERMANENT EASEMENT CENTERLINE LENGTH-709.17 FEET PERMANENT EASEMENT ACREAGE-O.49 ACRES TEMPORARY EASEMENT ACREAGE-a.81 ACRES 400 200 0 ~ SCALE IN FEET 400 I DATE 08/00 DATE EWJ SHINER Mosl!Lll\' AND AssOCIATES. INC. BNGINIlERS .. CONSULTANTS DRAWING No. GU077PLT SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADALUPE COUNTY SCALE GRAPHIC TEXAS -QJ 55S __ Conacobuo '- 8.1_ Coopua CIodoIl, T_ 71411 SHEET GU77 EXHIBIT "B" Page 2 of 2 Pages STATE OF TEXAS COUNTY OF GUADALUPE Dale Dyess GU- 78 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 42 acre tract of land conveyed from Robert C. Dyess, Jr. to Dale Dyess by Gift Deed dated December 27, 1993, and recorded in Volume 1074, Page 678 of the Deed Records of Guadalupe County, Texas, and said 42 acre tract, being all of Lot 22 of the Muehisville Subdivision, as shown on map recorded in Volume 4, Pages 178-181 of the Map Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the Joshua Brown Survey, Abstract 62, 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 westerly, northwest line of said 42 acre tract and the southeast line of Longhorn Trail Road (County Road 404) for the northwest end of this easement, whence the west comer of said 42 acre tract and said Lot 22 bears S 460 56' 07" W, a distance of 115.00 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 1170, Page 676, Deed Records of Guadalupe County, Texas, as follows: S 430 03' 53" E, S5305I'23"E, S 410 12' 59" E, S 280 34' 34" E, 126.60 feet; 1354.99 feet; 49.06 feet; 98.46 feet to a point in the southeast line of said 42 acre tract (Lot 22), for the southeast end of this easement, whence a fence corner at the most southeast corner of said 42 acre tract (Lot 22) bears S 540 05' 00" W, a distance of 442.00 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 casement granted to TECO Pipeline Company. Easement Length = 1629.11 feet Permanent Easement Acreage = 1.12 acres Temporary Easement Acreage = 1.86 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. R,A~~ Texas Registration No. 4229 EXHIBIT "e" Page 1 of 2 Pages #' ~~ #" ~'" ~t:::J~ ~'" -s> '>: " ~, " ~, , ~', C GU-78) " '~, - " , ,~ . (LOT 22) DALE DYESS WEST CORNER OF 42', ~~, 42 ACRES 48 ACRES (LOTS 19 &: 22) ACRE TRACT (LOT 22) ',",~ "I' V-1074, P-678, DRGuCT , ,,~S.). ":f"~? ~50' TECO PIPELINE CO. EASEMENT ~ ~~>,>"'F TO BE USED f.S TEMPORARY .~ ,\" CONSTRUCTION EASEMENT , , ~ '," ~~ Vll 30' PERMANENT S41'12'59"E '~" EASEMENT 49.06' . " ~ . , ,,' S28'34'34"E 50' TECO PIPELINE CO. EASEMENT; " ,,~, 98.46' V-1170, P-676 DRGuCT ' '>:, " ~' \ ~ .d:l '<:l~ . c..~fo. <:l<:l J ~'l-' 8 ~ g on S MOST SOUTHERLY CORNER OF 42 ACRE TRACT (LOT 22) ~ 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. t '"' ir ~ o ~ .:l " ~ . ." " ~ o ~ '" '" '" ;. .. DRN ]. DEG e ~ DES ." ~ CHK ,. .:; i ~ w N PERMANENT EASEMENT CENTERLINE LENGTH= 1629.11 FEET PERMANENT EASEMENT ACREAGE-1.12 ACRES TEMPORARY EASEMENT ACREAGE-1.86 ACRES 300 150 0 ~ SCALE IN FEET 300 I DATE oa/oo ~ SHINER MOSELEY AND AssociATES. INC. BNGINItJ!.RS .. CONSULTANTS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT DATE 555 N_ Conaoobua....... .,,*1650 CoIpu a.doli, Tau 71471 GUADALUPE COUNTY SCALE GRAPHIC DRAWING No. GU078PLT EXHIBIT "e" Page 2 of 2 Pages TEXAS SHEET GU78 STATE OF TEXAS COUNTY OF GUADALUPE David Glen Schumann, et ux GU-88 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 49.457 acre tract of land conveyed from Philip M. Koehne, to David Glen Schumann, et ux, by Warranty Deed dated November I, 2000, and recorded in Volume 1554, Page 463 of the Official Records of Guadalupe County, Texas. Said pipeline casement 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 northw\ ,t line of said 49.457 acre tract for the northwest end of this easement, whence an Yz" iron found at the west comer of svid 49.457 acre tract bears S 430 42' 57" W, a distance of 344.89 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 660, Deed Records of Guadalupe County, Texas, a distance of 924.83 feet to a point in the southeast line of said 49.457 acre tract for the southeast end of this easement, whence the south comer of said 49.457 acre tract bears S 460 13' 56" W, a distance of 402.35 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 = 924.83 feet Pennanent Easement Acreage = 0.64 acres Temporary Easement Acreage = 1.06 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 23~dadaY Of~ctober, 2~00. . , ,.... {: / // I ,,:...i ~ 0 Re steredProfessionallali Surveyor Texas Registration No. 4229 ~;:{;:~~ ~ . ':,: .' t~:",-:i;. j~A \. .' \ .. . f i' . '1~i\ _ '. r~.-" \ '.;;. . \ , ~ \.): 'i-' .'.:r ".y 1.:-- {;hiEO.'nli J:'~"iP'l~(;AI~!\ l \'z'V ;:~~. .; 2'29' .~. ij'~ . ,~:.:;: (l!' "",, .... ~~.{~~.~5tv ~~ EXHIBIT "D" Page 1 of 2 Pages J. DARST A- 1 1 3 i I ( GU-BB ) DAVID GLEN SCHUMANN, ET UX 49.457 ACRES V-1554, P-463. ORGuCT P.O.B. PIPELINE EASEMENT PETER D. SMITH A-298 /50' TECO PIPELINE CO. EA'5EMENT TO BE USED AS TEMPORARY ~" "\ CONSTRUCTION EASEMENT \\ \ ~\ ~\ ~\ \ ~ \'fr. \ ,,\D';. \ ~ ~V'\ A'!'<t->:~<'\ WEST CORNER OF '\ ~ \ , 49 457 ACRE TRACT ~\ 50 TECO PIPELINE CO. EASEMENT; . ,\,'. V-1170, P-660 DRGuCT It 30' PERMANENT \ \ \ EASEMENT \ ~ '\ SOUTH CORNER OF 49.457 ACRE TRACT tii u ~ .., N r:: N o ~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL ~ LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY N STATE THAT THIS is A CORRECT PLAT OF A SURVEY '" MADE ON THE QR9uND UNDER MY DIRECTiON. ~ ~~'-'-.';:"'" ~ '\'C..c;>t?~" ~ ,,\,,-,'~\Sl,,;,..-r~ ~ ::> 0:"q~ '* ("d..~ ~ .................... ~ GEORGE RUBALCABA 0: . . . . . . . . . . . . . . . . . . . . r <.:>0-9 4229 ,,':'~ , "I1;?fESS\~'\~O g D S'UR'\j~ o ~ 0> Ol ;;. ~ DRN DEG DATE 10100 I ~ DES DATE '0 o ~ CHK . L / DATE . . Vl / 1/ ,';'("(.' ~ SMA JOB No. 90308 PERMANENT EASEMENT CENTERLINE LENGTH=924.B3 FEET PERMANENT EASEMENT ACREAGEzO.64 ACRES TEMPORARY EASEMENT ACREAGE= 1.06 ACRES 300 150 0 300 ~ I SCALE IN FEET 5UJ SHINER MOSI!U!Y ANt ASSOCIATES. INC. I!NOINI!I!R5 & CONSULTAmS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMEi.n GU088PL T GUADALUPE COUNTY SCALE GRAPHIC TEXAS '55 Nor1h c-oIaua s_ Sullo 165. CoIpUO CIodaIl, T_ 1"'71 DRAWING No. SHEET GUB8 EXHIBIT "D" Page 2 of 2 Pages STATE OF TEXAS COUNTY OF GUADALUPE David G Schumann, et ux GU-88AA Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 40.560 acre tract of land conveyed from Philip M. Koehne to David G. Schumann and wife, Candyce J. Schumann by Warranty Deed with Vendor's Lien dated January 29, 2000, and recorded in Volume 1493, Page 320 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 mete~ and bounds as follows: Beginning at a point in the northwest line of said 40.560 acre tract for the northwest end of this easement, whence the west comer of said 40.560 acre tract bears S 460 13' 56" W, a distance of 402.35 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 660, Deed Records of Guadalupe County, Texas, a distance of 1303.16 feet to a point in the southerly southeast line of said 40.560 acre tract for the southeast end of this easement, whence the south comer of said 40.560 acre tract bears S 580 53' 02" W, a distance of 477.33 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'" 1303.16 feet Permanent Easement Acreage'" 0.90 acres Temporary Easement Acreage'" 1.50 acres 1, 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 23rd day of October, 2000. Ro . ",~~y" as Registration No. 4229 ~~~~.~.r~ ~>" 'i". r~\ s TE~' .+"'9 ~'I'~:":'~~"~' .~~'::~. ~. 0~9.~~~. ~~.~~~9~~~ ~/.~. 4229 -,t'''.'^- \ . O,t' ~. :"4.- '1"'9..::. ESS\~. ~IO ,(,:I'e) ..... 'i;." '~~:\SUR~~ ..,~~ EXHIBIT "E" Page 1 of 2 Pages WEST CORNER OF 40.560 ACRE TRACT \ ~50' TECO PIPELINE CO. EASEMENT ~ TO BE USED f.S TEMPORARY '\ ~ \ \ \ CONSTRUCTION EASEMENT \\ ~\ \ ~J'\ \,'w':. \ ~~~ \ ~~ ~5(f\ PETER D. SMITH 50' TECO PI UNE CO. EASEMENT; ~~ \\ A - 298 V-1170, P-6 DRGuCT ~\ \ A\~~\ ~6"\ ~\ \ ct O' PERMANENT ~~\ \\ EAS ENT ~\ \ \~ \ \~ 1 I P.O.B. PIPELINE EASEMENT ccu.-.88M) DAVID G. SCHUMANN, ET UX 40.560 ACRES v-, 493, P-320, ORGuCT SOUTH CORNER OF 40.560 ACRE TRACT 5 (.) ~ :; . N ~ ~ .. I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL S LAND SURVEYOR IN THE STATE OF TEXf.S. HEREBY STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. ~ " i ~ ~ .Il " 15. ./ '" . i ~ '" '" '" ;. i DRN DEG e ;? DES " 8 " CHK ! PERMANENT EASEMENT CENTERUNE LENGTH-1303.16 FEET PERMANENT EASEMENT ACREAGE-O.90 ACRES TEMPORARY EASEMENT ACREAGE-l.50 ACRES j/ 300 150 0 ~ SCALE IN FEET 300 ~ "5 N_ eor-IIua 1_ _1650 CGopuo CIIrIIlI, T_ 7147' SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADALUPE COUNTY TEXAS 8Ul SHINER MOSELEY AND AIISOCIATES. INC. ENGINEERS" CONSULTANTS GU088MPLT SCALE GRAPHIC SHEET GU88AA EXHIBIT "E" Page 2 of 2 Pages STATE OF TEXAS COUNTY OF GUADALUPE Maurice Wiederstein GU-88A Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 107.247 acre tract of land being the residue of an 160.5 acre tract of land, conveyed from Erwin C. Wiederstein, Sr., et ai, to Maurice Wiederstein, by Deed and Agreement dated lune 16, 1975, and recorded in Volume 503, Page 895 of the Deed Records of Guadalupe County. Texas, and said 107.247 acre Iract being all of said 160.5 Bere tract, save and except a 26.593 acre tract conveyed from Maurice Wiederstein, et ux, to Melvin Dojahn, et ux, by Warranty Deed with Vendor's Lien, dated August 29, 1991 and recorded in Volume 963, Page 704 of the Deed Records of Guadalupe County, Texas and a 26.66 acre tract conveyed from Maurice Wiederstein, et ux, to Melvin Dojahn, et ux, by Deed dated April 4, 1997 and recorded in Volume 534, Page 87, of the Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the lacob 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 northerly west line of said 107.247 acre tract and the northerly east line of said 26.593 acre tract for the northwest end of this easement, whence a point in the southeast line of Stagecoach Road at the northwest corner of said 107.247 acre tract and the northeast comer of said 26.593 acre tract bears N 000 04' 16" E, a distance of 723.46 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 widc TECO Pipeline Easement recorded In Volumc 1170, Page 655, Deed Records of Guadalupe County, Texas, a distance of 134.07 feet to a point in the southerly west line of said 107.247 acre tract and the southerly east line of said 26.593 acre tract for the southeut cnd of this easement, whence the south comer of said 107.247 acre tract and the east comer of said 26.593 acre tract bears S 440 59' 33" E, a distance of 763.71 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 abovc mentioned fifty- foot wide permanent easement granted to TECO Pipeline Company. Easement Length = 134.07 feet Permanent Easement Acreage = 0.09 acres Temporary Easement Acreage = 0.486 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct de,cription of an actual survey made on the grourd, this the 121b day of October, 2000. Reg~~eYor Tef~~~tion No. 4229 EXHIBIT "F" Page 1 of 2 Pages 1 I NORTHWEST CORNER OF 107.247 ACRE TRACT C GU-88A ) MAURICE WIEDERSTEIN 107.247 ACRES V-503, P-895, DRGuCT <0 v ,.,j N ,... w JACOB DARST A- 1 1 3 . <0 ~ ':or o 8 II 30' PERMANENT EASEMENT z 50' TECO PIPELINE CO. EASEMENT TO BE USED AS TEMPORARY CONSTRUCTION EASEMENT P.O.B. PIPELINE EASEMENT ~ 35'13'36" E 134.07' END OF PIPELINE EASEMENT 50' TECO PIPELINE ce. EASEMENT; \ V-1170. P-655 DRGuCT \ \ \ \ \ S' \ 1'- It.$. \ \9- \ J'J' . ('~ SOUTH CORNER OF 107.247 ACRE TRACT , ~ I. GEORGE RUBALCABA, A REGISTERED PROFESSIONAL : ~~~E ST~~~~~ I~ ~~~J~~~T O~Ji~' AH~~:EY r MADE ON THE GROUND UNDER MY DIRECTION. ~ j ; , , , ~ , ? , PERMANENT EASEMENT CENTERLiNE LENGTH=134.07 FEET PERMANENT EASEMENT ACREAGE::0.09 ACRES TEMPORARY EASEMENT ACREAGE=0.486 ACRES 200 100 0 200 ~ I ~ , SCALE IN FEET 1 DRN DEG i' ; DES DATE 10/00 DATE 8UJ SHINER MosElZY AND ASSOCIAT1!S. INC. ENGINEERS .. CONSULTAN'TS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT "5 _c.r-Imo ._~ _lfSO Coopuo a.utl. TaM 7IM" GU088APLT GUADALUPE COUNTY SCALE GRAPHIC TEXAS DRAWING No. SHEET GU88A EXHIBIT "F" ")age 2 of 2 PaQe!'l STATE OF TEXAS COUNTY OF GUADALUPE Dollie Faye Mergele and husband, Curtis Mergele:, GU-89 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across 01 26.593 acre tract of land conveyed from Melvin Dojahn and wife, Dorothy Dojahn, to Dollie Fave Mergele by Warranty Deed dated February 22, 1996, and recorded in Volume 1191, FoIge 481 of the Official Records of Guadalupe County, Texas and also being on, under and across a 26.66 acre tract conveyed from Melvin Dojahn, et ux, to Dollie Faye Mergele by Warranty Deed dated October 28, 1993. and recorded in Volume 1019, Page 988 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: Easement No.1 Beginning at a point in the northerly west line of said 26.66 acre tract for the northwest end of this easement, whence point in the southeast line of Stagecoach Road (County Road 312) at the northerly west corner of said 26.593 acre tract bears N 660 47' 13" E, a distance of 427.74 feet. and the northeast corner of said 26.66 acre tract bears N 660 47' 13" E, a distance of 134.78 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 1177, Page 22, and Volume 1245. Page 509, Deed Records of Guadalupe County, Texas, at 217.16 feet cross the boundary line between said 26.66 acre tract and said 26.593 acre tract in all a distance of 679.97 feet to a point in the n'Jrtherly east line of said 26.593 acre tract for the southeast end of this e:isement. whence a point in the southeast line of said Stagecoach Road at the northeast corner of said 26.593 acre tract bears N 00004' 16" E, a distance of 723.46 feet. Easement No.2 Beginning at a point in the southerly east line of said 26.593 acre tract for the northwest end of this easement, whence an W' iron rod found at the most easterly corner of said 26.593 acre tract. bears S 44059' 33" E. a distance of763.71 feet; Thence S 350 13' 36" E with the centerline of this easement and running 40.00 ffCt southwest of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Vcalume 1245, Page 509, Deed Records of Guadalupe County. Texas, a distance of 777 .96 feet to a point in the southeast line of said 26.593 acre tract for the southeast end of this easement, whence said W' iron rod found at the most easterly corner of said 26.593 acre tract bears N 430 42' 57" E, a distance of 132.00 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 easements granted to TECO Pipeline Company. Easement Length = 1457.93 feet Permanent Easement Acreage = 1.00 acres Temporary Easement Acreage = 1.32 acres EXHIBIT "G" Page 1 of 2 Pages ~ 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. ~:':;'''v.:;'~, I^.~ \>'~~. 9.~ / ~+ '.;", PERMANENT EASEMENT CENTERLINE LENGTH-1457.93 FEET .1~~..~~,"\~~:'''I~(,':i~Pt\ PERMANENT EASEMENT ACREAGE-1.00 ACRES /'.:.... .' .'..... : .' TEMPORARY EASEMENT ACREAGE-1.32 ACRES \0 fir-orlCE !":i\i.CNt \;~:;"~~"I;:'~~V"~ \\ \ ,.' () . ...'r;\' " ".'..1/;." . ".(:(0,':-,1".'" ')1', -"i,;" II,'. .:....... -.'~....--- , . , . '. . RPLS #4229 \ \ I4l \ EASEMENT '# ~ \ No. 1 ~,.; \'(;._\ i~ \,~" \ \\~f;~\\ \ iP_ \ 26.66 ACRES \'\p.,.), \ ~\ It 30' PERMANENT J '\ \ EASEMENT \ I END OF PIPELINE EASEMENT ( GU-89 ) DOLLY FAYE MERGELE 26.593 ACRES V-1191, P-481 , ORGuCT 26.66 ACRES V-1019, P-988, DRGuCT P.O.B. PIPELINE EASEMENT 8 ~ s ~ I ..; ~ ! n ~ ,/ r ~ g lil ..... ~ ;;- i DRN DEG $ DES I CHK '" ., SlotA JOB No. NORTHEAST CORNER OF 26.593 ACRt: TRACT i I NORTHEAST CORNER OF 26.66 ACRE TRACT 50' TECO PIPELINE CO. EASEMENT TO BE USED ~ TEMPORARY CONSTRUCTION EASEMENT JACOB DARST A-113 26.593 ACRES 200 100 0 ~ 200 I SCALE IN FEET DATE 10/00 DATE gsjJ] SHINIlR MosllLllV AND AssocIATES, INe. IlNOINIlIlRS .. CON8ULTAKrS .a; SSSN_~'-_I80 Caopuo a.toII, T_ 71471 DRAWING No. GU089PLT SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT GUADAlUPE COUNTY SCALE GRAPHIC TEXAS SHEET GU89 EXHIBIT "G" Page 2 of 2 Pages