2001R02- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
Resolution No. tJl-,<!-~
RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING
PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE
ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY
CONSTRUCTION EASEMENTS IN GUADALUPE
COUNTY 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 Guadalupe County, Texas; and
WHEREAS, pursuant to its power of eminent domain as outlined in Sections 251.001 and
402.011 ofthe Texas Local Government Code, as amended, and other pertinent statutory authority,
the City Council ofthe 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 Guadalupe County, 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
TRACT LANDOWNER
COUNTY
SURVEY
ABSTRACT
ACRES
OWNED
GU-71,72 Ernest K. Bryan
Guadalupe
A.c. Davis
105
45.23 and
175.5
Hugh M. Swift 288
GU-6l
Willie Carley, et al. Guadalupe
A. Mansolo
29
159
and more fully described in Exhibits "A" through "B," have been transmitted to each ofthe owners
thereof, along with a copy of the appraisal as to each parcel, and the owners have been unable to
agree with the City 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 acquire by purchase or condemnation
certain water pipeline easements and temporary construction easements in connection therewith,
667713.1
over, across, upon and under certain privately owned real properties in Guadalupe County, Texas,
to wit:
INTERNAL
TRACT LANDOWNER
ACRES
OWNED
COUNTY
SURVEY
ABSTRACT
GU-71,72 ErnestK. Bryan
Guadalupe
A.C. Davis
105
45.23 and
175.5
Hugh M. Swift 288
GU-61
Willie Carley, et al. Guadalupe
A. Mansolo
29
159
more fully described in Exhibits "A" through "B" 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 and welfare also require that the City acquire by purchase
or condemnation 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 take all other lawful action necessary and
incidental to such purchases or eminent domain proceedings.
SECTION 2: It is hereby determined that the City 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 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 terms and provisions of the Petitions for Condemnation (attached as
Exhibit "C") are hereby adopted and approved, and are necessary and essential for the public purpose
of constructing, operating, and maintaining a water pipeline system along a route in Guadalupe
County, Texas; and
SECTION 4: The City Council ofthe City 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 is unable to acquire through negotiation by reason of its inability to agree with the owner
thereof as to the market value of the easements and/or damages to the landowner caused by the
acquisition of the easements, and to take any other legal action necessary and incidental to such
purchases or eminent domain proceedings.
SECTION 5: All acts and proceedings done or initiated by the employees, agents, and
attorneys ofthe City 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.
667713.1
2
SECTION 6: 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 ofthe remaining portions ofthis Resolution shall
not be affected thereby, it being the intent ofthe City Council ofthe City 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 7: 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.
SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision ofthis 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 9: This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 10: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice ofthe time, place, and subject matter
ofthe 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 11: This Resolution shall be in force and effect from and after its final passage
and it is so resolved.
PASSED AND APPROVED on this ~ day of
, 2001.
~.
Mayor
City of Schertz, Texas
ATTEST:
~~~
City Secretary
City of Schertz, Texas
667713.1
3
STATE OF TEXAS
COUNTY OF GUADALUPE
Ernest K. Bryan
GU.l1.oo.72
Field'hotes of the ccnlcdiDc of a pipclilll:casaDCDt 30 fcelia width. being ou. UDder and across a
220.73 acre tract of land described in two InCCS (4123 acres and IJS.s acres) and conveyed from Albert
Wuest. et al. to Ernest 1(. Bryan. ct WI. by Dccdcllll:dFcbruatY I. Jtl55, and recorded in Volume 373, Page
614 of Deed Rccords of Guadalupe CoUllty, T~
Said pipeline easement is comprised ofapartiOll'ofibe A.C Daris Survey, Abstract IOS. and the
Hugh M. Swift Survey. Abstract 288. is situlllll ill Guadalupe OIuaty. Teus. approxima1ely 4 miles
southwest of the town of Seguin and is described IIymcces and bou.* as follows:
Beginning at a point in the soudIwaa fiDe of said 171.S acre tract for the nonh end of this
casement. whence the west comer of said 175.5 _na bears N 2r 10' 54" W. a distance: of 646.08 feet.
and N 23049' 24" W, a distance of 911.46 feet;
Thence in a southerly direction with *= CCIIIIerIiDe of Slid easement and running 40.00 feet
northeast of and parallel to the center1inc of thi SO.. wide TECO fipelinc Easement recorded in Volume
1177, Page 36. Deed Records ofGuadalupeCoual)r. Tcus.aI ~
S 550 49' 39" E.
S 430 56' 10" E.
S 32" 03' 52" E.
S 20. 10' 4S" E.
%164.42 feet;
48.46 feet;
48.46 feel:
144.12 feet
10 a point in the southeast line of said 4S.23 acn: axr. far t.be SOlIdIIIIi of this easement, Whence the east
comer of said 45.23 acre tract bears N 70. 19' IF Eo a distanI:c fIf 116.27 feet, and N 83. 19; 06" Eo a
distance of 262.07 feet:
Additionally, a temporary work ~~ment, for tbeflll'llOSC of consD'llClii:Nt of a water pipeline. SO feet in
width. the field notes description of said remponry-=a being tbelllDC as the above mentioned fifty-
foot wide permanent easement granted to TEeO ~ Company.
Easement Length = 2405.46 feet
Permanent Easement Acreage - 1.66 acres
Temporary Easement Acreage. US acres
L George Rubalcaba.. Registered Professional LIIi Surveyor of TCIII. do hereby state that this is a trUe
and correct description of an actua1 survey made CIa'" poUDd. this ..31st day of August, 2000.
" L L/ I.I
~~urveyor
Tcua.Rqislration No. 4229
EXHIBIT
A
STATE OF TEXAS
COUNTY OF GUADALUPE
Willie A. Carley, Cl UX
OU-61
Field notes of the centerline of a pipc1inc CllClllcut 30 feet iawiddl. bciDg OD, under and across a
159.00 acre tract of land conveyed from Ouo H. Buaziger. Cl ux.to Willie A. Carley, Cl ux. by Deed.
dated August 3. 1951. and recorded in Volume 2S3.Page 107 otDccdRecords of Guadalupc County,
Texas; '.
Said pipeline casement is comprised ot a parrioD of the Alwlldo MaDso1o Survey, Abstract 29. is
situated in Guadalupe County. Texas. approximall:ly 5 miles soudnlcsl ot the town of Seguin and is
described by metes and bounds as follows:
Beginning at a point in the west liDc ot said 159.00 acn: lI'ICt for the northwest end of this
casement. whence an W' iron rod found at the soudlwcst comer of _ 159.00 aen: tract bears S 16.28'
16" E. a distance of 680.71 feet:
Thence S 55. 54' 37" E with the cClllCl'fim of said ~1Dll running 40.00 feet northeast of
and parallel to the centerline of the SO foot wide lECO PipctiDc EaaaIl recorded in Volume 1170, Page
731. Deed Records of Guadalupe County. Texas. a diswIcc: ot 881.. feet to a point in the south line of
said 159.00 acre tract. for the southcast cad of this CISCIIlCDt. wbCIICC. ti" iron rod filund at the southwest
corner of said 159.00 acre tract bears S 73.31' 44"W.adisWICC of5S91 feet.
Additionally. a temporary work casement. {or the paqlOSC of COJISU'\ICliIIl ot a warer pipeline. SO feet in
width. the field notes description of said temporary CISCIIlCDt beiDa WIIDIC as the above' IilCntioncd fifty-
foot wide permanent easement granted to TECO Pipdiaa Company.
Easement Length .. 881.40 feet
Permanent Easement Acreage - 0.61 acres
Temporary Easement Acreage = 0.92 acres
I. Ocorge Rubalcaba. Registered Professional Laud SIneyor of TCDI, do hereby slate that this is a trUe
and correct description of an actUal survey made OD tIa p'OWId. this tbI:~ day of July, 2000.
EXHIBIT
B
NO.
CITY OF SCHERTZ, TEXAS
VS.
ERNEST K. DRY AN, ET AL.,
DEFENDANTS
~
I
~
I
~
*
IN THE COUNTY COURT
AT LAW
GUADALUPECQUNTY,TEXAS
PETITION FOR CONDEMNATION
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the CITY OF SCHERTZ, TEXAS, Plaintiff, and files this its original petition
for the condemnation of the land and interests and the rights pertaining thereto as hereinafter
described, and shows that the owners of or persons claiming an interest in the said land, and their
residences are as follows:
1. Defendant: ERNEST K. BRYAN, who resides and may be served at 400 Elm Creek
Road, Seguin, Texas 78155.
2. Defendant, PG&E GAS TRANSMISSION TECO, INC., a Delaware Corporation,
which can be served through its Registered Agent, C.T. Corporation Systems, 1021 MJin Street,
Suite 1150, Houston, Texas 77002.
L
Discovery in this case is to be conducted under Level 2, Texas Rule of Civil Pmcedur'.?
190.
IL
Plaintiff is the City of Schertz, Texas, a home-rule municipality and political subdivision of
the State of Texas. It is vested with power of eminent domain by Chapters 251 and 402, Local
EXHIBIT
I
c
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS v. DRY ANlFile 21610/GU-71,72
Page I of7
Government Code. It maintains its offices in the Municipal Building at 1400 Schertz Parkway,
Schertz, Texas 78154.
Defendant is the owner of or person claiming an interest in the following described land
situated in Guadalupe County, Texas, and is more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes by this reference.
ID.
This Court has jurisdiction under ~21.001, Texas Property Code. Venue of this suit is proper
in Guadalupe County, Texas, under g21.013 of the Texas Property Code.
IV.
Plaintiff has heretofore authorized and approved the creation of a local government
corporation as its constituted authority and instrumentality to accomplish the specific public purpose
of acquiring, constructing, leasing, improving, enlarging, extending, repairing, maintaining, and
operating a water utility system. Similarly, the City of Seguin, Texas, has heretofore authorized and
approved the creation of a local government corporation for the same purpose. These two
municipalities are herein sometimes collectively referred to as the "Cities." Said local government
corporation has been created under the provisions of Subchapter D of Chapter 431 of the Texas
Transportation Code, to aid, assist, and act on behalf of the Cities, and is the Schertz/Seguin Local
Government Corporation.
v.
The Board of Directors of the Schertz/Seguin Local Government Corporation has
completed its planning with respect to the development of a water well field, land and water
rights acquisition, and facilities, transmission lines, arId equipment to provide water to the
citizens of the Cities. Said local government corporation is acquiring the necessary easements,
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. BRYAN/File 21610/GU-71,72
Page 20f7
both permanent and temporary, over, upon, across, and under certain tracts of land in Gonzales
and Guadalupe Counties in order to construct, maintain and operate the water supply pipeline
and other necessary and desirable appurtenances in conjunction with such project. The proposed
route of the pipeline crosses the real property described above.
VI.
In the event said local government corporation is unable to acquire the necessary rights-of-
way, easements, and property rights referred to above, and because said local government
corporation does not have power of eminent domain, it will be necessary for Plaintiff, as a
municipality with power of eminent domain, to so acquire such rights-of-way, easements, and
property rights.
VII.
The City Council of THE CITY OF SCHERTZ, TEXAS, pursuant to the powers and
authority granted it under the laws of the State of Texas, has determined that in order to promote
public convenience and welfare and to facilitate tbe acquisition of certain water pipeline easements
and temporary construction easements for the above-mentioned water utility system, public
necessity requires the construction, maintaining, and operation of a pipeline for the transportation
of water from that tract of 1.00 acre in the A. Mansola Survey, A-29, Guadalupe County, Texas,
described in Deed Recorded at Volume 230, Page 492 of the Deed Records of Guadaiupe County,
Texas, owned by Leroy Gerdes, to that tract of 28.870 acres in the G. Malpaz Survey, A-221,
Guadalupe County, Texas, described in Deed recorded in Volume 1332, Page 927, of the Deed
Records of Guadalupe County, Texas, owned by Annie F. Adams; and it is necessary to acquire
perpetual easements and rights-of-way and temporary construction easements and rights-of-way on,
in, over, under, through and across said land, as provided by law. The perpetual easement and right-
PETITION FOR CONDEMNATION
CITY OF SCHERTZ. TEXAS V. DRY ANlFile 21610/GU-71.72
Page3 of7
of-way that is the subject of this condemnation proceeding is described in Exhibit "B", attached
hereto and incorporated herein by reference for all purposes. The temporary easement and right-of-
way that is the subject of this condemnation proceeding is described in Exhibit "B", attached hereto
and incorporated herein by reference for all purposes.
VID.
The necessary and essential purposes for the easements are the constructing, maintaining,
operating, repairing, rebuilding, relocating, replacing and removing a pipeline for the transportation
of water, together with such appurtenant facilities from time to time deemed necessary by Plaintiff
in connection with the transportation of water. The temporary easement included in Exhibit "B"
will be used and occupied by Plaintiff only during construction of the pipeline and such necessary
appurtenances and upon completion of the construction shall automatically revert to Defendants free
and clear of any right, title, or interest in Plaintiff. After construction, the pipeline and related
improvements and appurtenances shall be not less than 3 feet underground, except that Plaintiff
shall have the right to construct and maintain pipeline drain valve assemblies and/or air releases and
vacuum valve assemblies and cut off valves in their protective casements and banie-:-s as well as
testing devices and corrosion prevention appliances and structures on the pipeline above and below
the surface ofthe earth within the permanent easement described in Exhibit "B".
Plaintiff, in installing, repairing, or removing the pipeline, will remove the topsoil :0 a depth
of 18 inches from the trench and set aside, and after construction, removal, or repair of the pipeline,
the topsoil will be replaced on the uppermost part of the ditch so that at least 18 inches of topsoil
will be in place at the land surface after the operation. Plaintiff will restore the easement right-of-
way as nearly as practicable to its original condition, and maintain the easement right-of-way.
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS v. DRY AN/File 21610/GU-71,72
Page 4 of7
During the period of construction, Plaintiff may construct within the permanent or
temporary easements sought to be acquired herein such temporary fences as are required by its
contractor or engineers, and if such fences are constructed, Plaintiff will allow access, and ingress
and egress across the temporary and permanent easements, to Defendant.
During construction, Plaintiff will either stack at a location along the easement requested by
Defendant, or chip and distribute along the easement, or otherwise dispose of, any brush or timber
cut by Plaintiff. Plaintiff will allow no trash, debris, or refuse from its operations to exist on the
ground.
IX.
Plaintiff affirmatively pleads that in addition to the rights reserved to Defendant as a matter
of law in and to the property sought to be acquired, Plaintiff does not desire to acquire, but expressly
reserves to Defendant, his heirs, successors and assigns, each and all of the following rights in and
to the properties described in Exhibit "B" attached hereto and incOIporated herein by reference for
all purposes:
(a) there shall be reserved to the owners all oil, gas and other minerals in, on and under
the property and rights-of-way sought to be acquired herein, provided however, that
Defendant shall not be permitted to drill, explore or operate for minerals on the
surface of said properties but will be permitted to extract oil and other minerals from
and under the property by directional drilling or other means so long as Plaintiff s
use ofthe properties and easements is not disturbed;
(b) the right to use all or any part of the easements or rights-of-ways sought to be
acquired herein for any other or for further purposes that do not damage, destroy,
injure and/or interfere with Plaintiff's use ofthe same for the purposes for which said
PETITION FOR CONDEMNATION
CITY OF SCHERTZ. TEXAS V. BRYAN/File 21610/GU-71.72
Page 5 of7
easement and rights-of-way are being sought herein. Defendant shall not have the
right to locate above-ground structures on or within any part of the easements or
. rights-of-way sought to be. acquired herein, but Defendant shall have the right to
construct other improvements that do not damage, destroy, injure and/or interfere
with Plaintiffs use of the same fortthe purposes for which said easements or rights-
of-way are being sought herein on or within any part of the said easements or rights-
of-way with the express consent of Plaintiff, which consent shall not unreasonably be
withheld.
(c) The owners, their successors and assigns, shall have. the right to install gates in
Plaintiffs fences which cross the property, and to maintain locks on said gates.
Plaintiff may construct other fences a:ross the easement, however, if said fences are
built, Defendant shall have the ri~ to construct gates in said fences consistent with
the requirements of Plaintiff with respect to access, and Defendant may maintain
locks on said gates.
(d) Defendant may construct roads and utilities across and perpendicular to the easement
so long as they do not interfere with1he exercise of Plaintiffs rights sought herein.
x.
The Plaintiff and the Defendant have been unable to agree upon the value of said :-eal estate
and interests therein to be condemned for the da.mages occasioned by the acquisition of such land,
and Plaintiff asks that special commissioners be appointed as provided by law to assess the damages
of the owner.
PETITION FOR CONDEMNA nON
CITY OF SCHERTZ, TEXAS v. BRYAN/File 21610/GU-71.72
Page 6 of7
PRAYER
WHEREFORE, premises considered, 1HE CITY OF SCHERTZ, TEXAS respectfully
prays that three (3) disinterested freeholders be appointed as special commissioners to assess the
damages of the owner and file their decision all as provided by law, to the end that the Plaintiff have
a final judgment of condemnation vesting in THE CITY OF SCHERTZ, TEXAS, the pennanent
and temporary easements described in this petition, for writ of possession, for costs of suit, and for
such other relief to which it may be entitled.
Respectfully submitted,
KIRKENDALL, FROSt & ALLEN, PLLC
113 West Gonzales Street
Seg'lil;i~, Texas 78155
(830) 303-0404
(830) 303-8584 (facsimile)
JAMES S. FROST
State 3ar No. 07489500
ATTORNEY FOR PLAINTIFF
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. BRYAN/File 21610/GU-71,72
Page 7 of 7
Exhibit "A"
220.73 acres ofland 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 1, 1965, and
recorded in Vol. 373, P. 614 of the Deed Records of GuadaIupe County, Texas.
STATE OFTEXAS
COUNTY OFGUADALUPB
Ernest K. Bryan
GU-7l, GU-n
."
Fidd noteS of the CCI1ter1inc of a pipeline cascmeut 30 feet iawilll. being oD, under and across a
220.73 acre IraCt of laud described iD two tI'ICIS (45.23 lIa'd IDd 175.5_) IDd conveyed from Albert
Wuest, et ai, to Ernest K. Bryan. et \IX, by Deed dated February I, l~m:onied in Volume 373, Page
614 of Deed Reconfs of Guadalupe County, Teus;
Said pipcliuc easement is comprised ola pcx1ion .of GIe A. c.JIais Survey. Absll'act 105. and the
Hugh M. Swift Survey, Abstract 288, is situated ill Guadalupe a-,. Tc:us, approximarcly 4 miles
southwest of the town of Seguin IDd is described by metes ud boundsailllows:
Beginning at a point ill the sourhwest line of said 17So5 .. net for the north end of this
easement, whence the west conICI' of said 17505 aae IraCt beIrs N 23- ..~.. W, a distance of 646.08 feet,
and N 23- 49' 24" W, a distanc:c of 91.1:46 feet;
Thence in a southerly direction with the c:eataiino of aiI.-:meat and running 40.00 feet
northeast of and para1ld to tbe cenrcrIine of thi 50 foot wide TECO PfpiDe F.asc:menr recorded in Volume
U77, Page 36, Deed Records of Guadalupe County, Teus, II follows:
S 5S- 49' 39" E.
S 43" 56' 10" E.
S 32" 03' 52'" E.
S 20- 10' 45" E.
2164.42 feet;
48.46 feet;
48.46 feet;
144.12 feet
to a point ill the southeast line of said 45.23 aae tract, for the soudl eaiiIlthis easement, Whence the east
comer of said 4S.23 aae IraCt beIrs N 70- 19' 06'" E. a cIi.stance of 1&27 feet, and N 83" 19' 06" E. a
distance of 262.07 feet;
Additionally, a temporary work easemel't. for tbe purpose of collSlrUCtianfa ..u:r pipeline. SO feet in
width, the fidd DOCes description of said temporary easement beiq lbc _as Ibc above mentioned fifty-
foot wide pcrmaneDt easement granrcd to TECO Pipeline Company.
PaIemem .Lcugth - 2405.46 feet
Permanent E~'" Aaeap - 1.661a1lS
Temporary Easement Aaeap - 2.SS Ia1lS
I. George Rubalcaba, Registered Professional Land Surveyor olTaa." &en:by state that this is a true
...""""'_ol..KaI...............-.M-:ZOOO'
. ~urveyor
Tc:us P _- -"" No. 4229
EXHIBIT "B"
NO.
CITY OF SCHERTZ, TEXAS
VS.
~
~
~
~
~
~
IN THE COUNTY COURT
AT LAW
WILLIE A. CARLEY AND DONALD
CARLEY, ET AL., DEFENDANTS
GUADALUPE COUNTY, TEXAS
PETITION FOR CONDEMNATION
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes the CITY OF SCHERTZ, TEXAS, Plaintiff, and files this its original petition
for the condemnation of the land and interests and the rights pertaining thereto as hereinafter
described, and shows that the owners of or persons claiming an interest in the said land, and their
residences are as follows:
1. Defendant: WILLIE A. CARLEY, who may be served at 13800 Highway 123 South,
Seguin, Texas 78155.
2. Defendant, DONALD CARLEY, who may be served at 13800 Highway 123 South,
Seguin, Texas 78155.
3. Defendant, PG&E GAS TRANSMISSION TECO, INC., a Delaware Corporation,
which can be served through its Registered Agent, C.T. Corporation Systems, 1021 Main Street,
Suite 1150, Houston, Texas 77002.
I.
Discovery in this case is to be conducted under Level 2, Texas Rule of Civil Procedure
190.
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS v. CARLEY/File 21603/GU-61
Page 1 of7
D.
Plaintiff is the City of Schertz, Texas, a home-rule municipality and political subdivision of
the State of Texas. It is vested with power of eminent domain by Chapters 251 and 402, Local
Government Code. It maintains its offices in the Municipal Building at 1400 Schertz Parkway,
Schertz, Texas 78154.
Defendant is the owner of or person claiming an interest in the following described land
situated in Guadalupe County, Texas, and is more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes by this reference.
ill.
This Court has jurisdiction under 921.001, Texas Property Code. Venue of this suit is proper
in Guadalupe County, Texas, under 921.013 of the Texas Property Code.
IV.
Plaintiff has heretofore authorized and approved the creation of a local government
corporation as its constituted authority and instrumentality to accomplish the specific public purpose
of acquiring, constructing, leasing, improving, enlarging, extending, repairing, maintaining, and
operating a water utility system. Similarly, the City of Seguin, Texas, has heretofore authorized and
approved the creation of a local government corporation for the same purpose. These two
municipalities are herein sometimes collectively referred to as the "Cities." Said local government
corporation has been created under the provisions of Subchapter D of Chapter 431 of the Texas
Transportation Code, to aid, assist, and act on behalf of the Cities, and is the SchertzJSeguin Local
Government Corporation.
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. CARLEY/File 21603/GU-61
Pagel of7
v.
The Board of Directors of the SchertzJSeguin Local Government Corporation has
completed its' planning with respect to the development of a water well field, land and water
rights acquisition, and facilities, transmission lines, and equipment to provide water to the
citizens of the Cities. Said local government corporation is acquiring the necessary easements,
both permanent and temporary, over, upon, across, and under certain tracts of land in Gonzales
and Guadalupe Counties in order to construct, maintain and operate the water supply pipeline
and other necessary and desirable appurtenances in conjunction with such project. The proposed
route of the pipeline crosses the real property described above.
VI.
In the event said local government corporation is unable to acquire the necessary rights-of-
way, easements, and property rights referred to above, and because said local government
corporation does not have power of eminent domain, it will be necessary for Plaintiff, as a
municipality with power of eminent domain, to so acquire such rights-of-way, easements, and
property rights.
VB.
The City Council of THE CITY OF SCHERTZ, TEXAS, pursuant to the powers and
authority granted it under the laws of the State of Texas, has determined that in order to promote
public convenience and welfare and to facilitate the acquisition of certain water pipeline easements
and temporary construction easements for the above-mentioned water utility system, public
necessity requires the construction, maintaining, and operation of a pipeline for the transportation
of water from that tract of 1.00 acre in the A. Mansola Survey, A-29, Guadalupe County, Texas,
described in Deed Recorded at Volume 230, Page 492 of the Deed Records of Guadalupe County,
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. CARLEY/File 21603/GU-61
Page3of7
Texas, owned by Leroy Gerdes, to that tract of28.870 acres in the G. Malpaz Survey, A-221,
Guadalupe County, Texas, described in Deed recorded in Volume 1332, Page 927, of the Deed
Records of Guadalupe County, Texas, owned by Annie F. Adams; and it is necessary to acquire
perpetual easements and rights-of-way and temponry construction easements and rights-of-way on,
in, over, under, through and across said land, as pnwided by law. The perpetual easement and right-
of-way that is the subject of this condemnation p:oceeding is described in Exhibit "B", attached
hereto and incorporated herein by reference for an purposes. The temporary easement and right-of-
way that is the subject of this condemnation proceeding is described in Exhibit "B", attached hereto
and incorporated herein by reference for all purposes.
vm.
The necessary and essential purposes for 1Ire easements are the constructing, maintaining,
operating, repairing, rebuilding, relocating, replacing and removing a pipeline for the transportation
of water, together with such appurtenant facilities fi"om time to time deemed necessary by Plaintiff
in connection with the transportation of water. 11Ie temporary easement included in Exhibit "B"
will be used and occupied by Plaintiff only during construction of the pipeline and such necessary
appurtenances and upon completion of the construction shall automatically revert to Defendants free
and clear of any right, title, or interest in Plaintiff: After construction, the pipeline and related
improvements and appurtenances shall be not less than 3 feet underground, except that Plaintiff
shall have the right to construct and maintain pipeline drain valve assemblies and/or air releases and
vacuum valve assemblies and cut off valves in their protective casements and barriers as well as
testing devices and corrosion prevention appliances and structures on the pipeline above and below
the surface of the earth within the permanent easeIIlCllt described in Exhibit "B".
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. CARLEY/File 21603/GU-61
Page 4 of7
Plaintiff, in installing, repairing, or removing the pipeline, will remove the topsoil to a depth
of 18 inches from the trench and set aside, and after construction, removal, or repair of the pipeline,
the topsoil will be replaced on the uppennost part of the ditch so that at least 18 inches of topsoil
will be in place at the land surface after the operation. Plaintiff will restore the easement right-of-
way as nearly as practicable to its original condition, and maintain the easement right-of-way.
During the period of construction, Plaintiff may construct within the permanent or
temporary easements sought to be acquired herein such temporary fences as are required by its
contractor or engineers, and if such fences are constructed, Plaintiff will allow access, and ingress
and egress across the temporary and permanent easements, to Defendant.
During construction, Plaintiff will either stack at a location along the easement requested by
Defendant, or chip and distribute along the easement, or otherwise dispose of, any brush or timber
cut by Plaintiff. Plaintiff will allow no trash, debris, or refuse from its operations to exist on the
ground.
LX.
Plaintiff affirmatively pleads that in addition to the rights reserved to Defendant as a matter
of law in and to the property sought to be acquired, Plaintiff does not desire to acquire, but expressly
reserves to Defendant, his heirs, successors and assigns, each and all of the following rights in and
to the properties described in Exhibit "B" attached hereto and incorporated herein by reference for
all purposes:
(a) there shall be reserved to the owners all oil, gas and other minerals in, on and under
the property and rights-of-way sought to be acquired herein, provided however, that
Defendant shall not be permitted to drill, explore or operate for minerals on the
surface of said properties but will be permitted to extract oil and other minerals from
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. CARLEY/File 21603/GU-61
Page 5 of7
and under the property by directional drilling or other means so long as Plaintiffs
use of the properties and easements is not disturbed;
(b) . the right to use all or any part of the easements or rights-of-ways sought to be
acquired herein for any other or for further purposes that do not damage, destroy,
injure and/or interfere with Plaintiffs use ofthe same for the purposes for which said
easement and rights-of-way are being sought herein. Defendant shall not have the
right to locate above-ground structures on or within any part of the easements or
rights-of-way sought to be acquired herein, but Defendant shall have the right to
construct other improvements that do not damage, destroy, injure and/or interfere
with Plaintiffs use of the same for the purposes for which said easements or rights-
of-way are being sought herein on or within any part of the said easements or rights-
of-way with the express consent of Plaintiff, which consent shall not unreasonably be
withheld.
(c) The owners, their successors and assigns, shall have the right to install gates in
Plaintiffs fences which cross the property, and to maintain locks on said gates.
Plaintiff may construct other fences across the easement, however, if said fences are
built, Defendant shall have the right to construct gates in said fences consistent with
the requirements of Plaintiff with respect to access, and Defendant may maintain
locks on said gates.
(d) Defendant may construct roads and utilities across and perpendicular to the easement
so long as they do not interfere with the exercise of Plaintiffs rights sought herein.
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS v. CARLEY/File 21603/GU-61
Page 6 of7
x.
The Plaintiff and the Defendant have been unable to agree upon the value of said real estate
and interests therein to be condemned for the damages occasioned by the acquisition of such land,
and Plaintiff asks that special commissioners be appointed as provided by law to assess the damages
of the owner.
PRAYER
WHEREFORE, premises considered, THE CITY OF SCHERTZ, TEXAS respectfully
prays that three (3) disinterested freeholders be appointed as special commissioners to assess the
damages of the owner and file their decision all as provided by law, to the end that the Plaintiff have
a final judgment of condemnation vesting in THE CITY OF SCHERTZ, TEXAS, the permanent
and temporary easements described in this petition. for writ of possession, for costs of suit, and for
such other relief to which it may be entitled.
Respectfully submitted,
KIRKENDALL, FROST & ALLEN, PLLC
113 West Gonzales Street
Seguin, Texas 78155
(830) 303-0404
(830) 303-8584 (facsimile)
JAMES S. FROST
State Bar No. 07489500
ATTORNEY FOR PLAINTIFF
PETITION FOR CONDEMNATION
CITY OF SCHERTZ, TEXAS V. CARLEY/File 21603/GU-61
Page 7 of7
Exhibit "A"
159 acres of land conveyed from Otto H. Baenziger and wife to Willie A. Carley and
wife by Warranty Deed dated August 3, 1951, and recorded in Vol. 253, P. 107 of the
Deed Records of Guadalupe County, Texas.
EXHIBIT liB"
STATE OF'TExAS
COUNTY OF GUADALUPE
Willie A. Carley, I"t ux
OU-61
Field notes of the centerline of a pipeline CISeJPP.nt 30 feet in width, being on. under and across II
159.00 acre tract of land conveyed from Otto H. B~, et UX, to Willie A. Carley, et ox, by Deed,
dated August 3,1951, and recorded in Volume 253.~ !07 of Deed Records ofOuadalupeCounty,
Texas;
Said pipeline casement is comprised of a poniaa of the Anastllcia Mansalo Survey, Abstract 29, is
situated in Guadalupe County, Texas, approximately S 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 Slid 159,00 acre tract for the northwest end of this
easement, whence an ~.. iron rod found at the s0lllb1lal comer of said 159.00 acre traCt bears S 16028'
16" E. a distance of 680.71 feet;
Thence S 550 54' 3T' E with the centerfiDeofs;:gd casement and running 40.00 feet northeast of
and parallel to the centerline of the 50 foot wide 'lECO Pipeline Easement recorded in Volume 1170, Page
731, Deed Rccords of Guadalupe County. Texas. a ..mn.w-e of 881.40 feet to a point in the south line of
said 159.00 acre tract. for the southeast cn:i:: ;is =:.:::-~ whence an~" iron rod found at tte ..::.;Lltwest
comer of said 159.00 acre traCt bears S 730 31' 44"W.~liiiiStance of 559.91 feeL
Additionally, a temporary work easement. for the ~of constrUction of a water pipeline. 50 feet in
width. the field notes description of said tCIDponuJ casc::::.::1t being the same as the above mentioned fifty-
foot wide permanent easement granted to TECa PipeiD: Company.
Easement Length = 881.40 feet
Permanent Easement Acreage = 0.61 acres
Temporary Easement Acreage = 0.92 acres
I. George Rubalcaba. Registered ProCessional LaIIII S~r of Texas, do hereby state that this is a trUe
and correct description of an actual survey made ClIldlcpmd. this the 27. day of July, 2000.
~Il~
Texas Registration No. 4229