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1999R1A- ROBERT R. BURCH ftJ- I? - / II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A STATEMENT AND PETITION IN CONDEMNATION RELATING TO ROBERT R. BURCH WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined that public welfare and convenience requires the widening of a street and utility right-of-way, FM 78, along a route in Guadalupe County, Texas; and WHEREAS, in connection therewith, the City hereby finds and determines that public convenience and necessity require and that it is necessary and in the public interest for the City to enter upon, appropriate, take, acquire, hold and enjoy, by purchase or. condemnation, the fee simple title to a tract of land in Guadalupe County, Texas, together with any and all improvements located thereon, more particularqr described in the Statement and Petition in Condemnation attached hereto as Exhibit A which is incorporated herein (the "Statement and Petition"); NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AS FOLLOWS: Section 1. Public convenience and necessity require and it is necessary and in the public interest that the City, through one or more of its duly authorized officers, agents, employees and/or attorneys, acquire, hold and enjoy, by purchase or condemnation, the fee simple title to a tract ofland in Guadalupe County, Texas, together with all improvements located thereon, as more particularly described in the Statement and Petition; Section 2. The terms and provisions of the Statement and Petition are hereby adopted and approved, and are necessary and essential for the public purpose and use of the establishment, location, construction, widening and maintenance of a street and utility right-of-way, FM 78, in Guadalupe County, Texas; and Section 3. As negotiations to acquire the fee simple title to the tract .of land described in the Statement and Petition have been unsuccessful, and in the event such negotiations continue to be unsuccessful, the officers, agents, employees and/or attorneys of the City be, and each individually is authorized in the name and for and on behalf of the City to institute and file or cause to be filed and instituted condemnation proceedings to acquire for the City said fee simple title to said tract ofland for the public purposes and use by the City as set forth herein and in the Statement and Petition, and are further authorized to take any and all action they deem necessary or desirable, to effectuate the purpose and . intent of the foregoing Resolutions. Approved, this /dz!L day of .;2l(~/, 1999. CITY OF SCHERTZ, TEXAS MAYOR (SEAL) Attest: n-w~ ~ City Secretary 550953.11815094 -2- CAUSE NO. CITY OF SCHERTZ, TEXAS s s s s s s s TH JUDICIAL DISTRICT IN THE DISTRICT COURT VS. ROBERT R. BURCH GUADALUPE COUNTY, TEXAS STATEMENT AND PETITION IN CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the City of Schertz, Texas, hereinafter referred to as "Plaintiff," complaining of Robert R. Burch, hereinafter referred to as "Defendant," whether one or more, and would respectfully show as follows: I. Plaintiff is a Home Rule City, with authority to exercise the power of eminent domain as set out in Section 251.001 of the Texas Local Government Code. Defendant is a property owner in Guadalupe County, Texas. Defendant may be served with process at 110 F.M. 78 Schertz, Texas 78154. II. Plaintiffis engaged in the establishment, location, construction, maintenance and widening of a street and utility right-of-way, FM 78. In accordance with the laws and statutes of this State, including Section 251.001 of the Texas Local Government Code, Plaintiff is duly vested with and has the right and power of eminent domain and is empowered to enter upon and condemn the land and property of any person or corporation necessary for the location, construction, widening, maintenance, and operation of street and utility rights-of~way, and for any other municipal purpose EXHIBIT 550974.1 1\ the governing body of the Plaintiff consider advisable. By reason thereof, Plaintiff is affected with a public interest and use under the statutes and laws of the State of Texas. III. Plaintiffis now engaged in the location, construction and widening ofa street and utility right- of-way in Guadalupe County, Texas. In connection with the street and utility right-of-way, PM 78, Plaintiff has heretofore found and determined that public convenience and necessity require and that it is necessary and in the public interest for the Plaintiff to take and acquire by condemnation the fee simple title to a tract of land (hereinafter called the "Property"), together with all improvements thereon, in Guadalupe County, Texas. The Property shall be used and occupied by Plaintiff for the purpose of establishing, locating, constructing, widening and maintaining a street and utility right-of- way. The description of the Property is contained in Exhibit "A" attached hereto and made a part hereoffor all purposes. IV. The owner or owners of, or the people or entities owning, holding, or claiming an interest in, the Property described in Exhibit "A" attached hereto, as far as is known to Plaintiff, is the Defendant herein. However, should it be disclosed or discovered that other parties own or claim some interest in the said lands, then Plaintiff reserves the right to amend and include and make such persons parties to this condemnation suit. v. Plaintiff specifically alleges that it cannot agree and has failed to agree with Defendant on the value of the Property, the improvements located thereon, and the damages, if any, to the remainder land owned by Defendant, although Plaintiff has heretofore in good faith attempted to reach such agreement with the Defendant, and has made the Defendant a fair offer for the same. Such offer has 550974.1 2 been refused and any further attempt by Plaintiff to agree with Defendant would be futile, and Plaintiff has no recourse but to seek condemnation of the Property, and any improvements located thereon, for the above stated public purpose and use. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested freeholders be appointed as Special Commissioners to assess the damages of Defendant as required by law and to file their written decision and award, all as provided by law, to the end that Plaintiff shall have a final judgment and decree of condemnation vesting in Plaintiff the Property and all improvements thereon, for writ of possession and any other process necessary to enforce the condemnation award and judgment, for costs of suit, for pre-judgment and post-judgment interest, . and for such other and further relief, general and special, at law and in equity, to which Plaintiff may show itself justly entitled. Respectfully submitted, FULBRIGHT & JAWORSKI L.L.P. By: Renee Forinash McElhaney State Bar No. 00787483 300 Convent Street, Suite 2200 San Antonio, Texas 78205 Telephone: (210) 270-7160 Facsimile: (210) 270-7205 Attorney for the City of Schertz 550974.1 3