1998R11- RAYMOND E. KENNETT AND SHERYL L. KENNETT
~.50WTi{),<) do. fftf-/I
RESOLUTION OF THE CITY COUNClL OF THE
CITY OF SCHERTZ, TEXAS APPROVING A STATEMENT
AND PETITION IN CONDEMNATION RELATING TO
RAYMOND E. KENNETT AND SHERYL L. KENNETT
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
condenmation, the fee simple title to a tract of land in Guadalupe
County, Texas, together with any and all improvements located
thereon, more particularly described in the Statement and Petition in
Condenmation attached hereto as Exhibit A which is incorporated
herein (the "Statement and Petition");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNClL OF THE CITY OF SCHERTZ, TEXAS AS FOLLOWS:
Section L 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 panicularly
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 ftled 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 fa;! day of
~
,1998.
CITY OF SCHERTZ, TEXAS
MAYOR
(SEAL)
Attest:
~~
City Secretary
539433.11815094
-2-
has been refused and any further altempt by Plaintiff to agree with Defendants 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 Defendants 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 fmal 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 PJaintiffmay
show itself justly entitled.
Respectfully submitted,
FULBRIGill & 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
537340,1
3
CAUSE NO.
VS.
S IN THE DISTRICT COURT
s
s
s TH JUDICIAL DISTRICT
9
s
9 GUADALUPE COUNTY, TEXAS
CITY OF SCHERTZ, TEXAS
RAYMOND E. KENNETT AND
SHERYL L. KENNETT
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
ofRayrnond E. Kennett and Sheryl L. Kennett, hereinafter referred to as "Defendants," 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. Defendants are property owners in
Guadalupe County, Texas. Defendants may be served with process at 206 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 Goverrunent Code, Plaintiff is duly vested with and
has the right and power of eminent domain and is empowered to enter upon and condeIIUl 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
A-
537340.1
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 of a street and utility right-
of-way in Guadalupe County, Texas. In connection with the street and utility right-of-way, FM 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 Plaintjjfto 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 Plaintjjffor 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
hereof for 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, are the
Defendants 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 Defendants on the
value of the Propeny, the improvements located thereon, and the damages, if any, to the remainder
land owned by Defendants, although Plaintiff has heretofore in good faith attempted to reach such
agreement with the Defendants, and has made the Defendants a fair offer for the same. Such offer
S3734ll,l
2
March 29.1996
Job NO. 46068.00
Account No.:
C.S.J. No.:
County:
Highway:
Project L,imits:
0025-10-063
Guadalupe
F.M.78
From; Bexar/G\ladalupe County Linc
To: F.M. 3009
FIELD NOTES FOR PARCEL 7
Being 0.006 of one hectare (0.015 of on a acre) ofland, lIlore or less. out oftha Genobcra
Malpaz Swvey No. 67, Abstmct No. 221, Guadalupe County, Texas, also being out of a
0.067 of one hectare (0.166 of one acre) tracr ofllllld, described and conveyed \IIlte Raymond
E. Kennett and wife, SheIYI,~. Kennett in a deed dated February 11, 1994 and recorded in
Vohune I 082, P~e 459, Deed-R=rds of Guadalupe County; Texas and more particularly
described by metes and bounds as follows: '
BEGINNING at a 12.7 mm (112") reb:it- found on the southeast right-of.way line ofF.M. 78
at the north corner ofa 0.113 of one hectare (0.280 of one acre) tract efland, described and
conveyed unto Dollllld C. Holman in a deed dated May 30, 1991 and recorded in Volume
953, Page 808, Deed Records of Guadalupe County, Texas, for the west comer ohaid 0.067
of one h~ (0.166 of one acre) !met and this parcel;
1. THENCE NORTH 62033'08" East, with the common line of the 0.067 of one hectare (0.166
of one acre) tr)Ict and said right-of-way line. a distance of 5A87 meters (18.00 feet) to a
concme nail set in asphalt for an angle point of said common line and this parcel;
2. THENCE NORTH 62035'26" East, continuing with the above mentioned common line. a
distance of 12,802 meters (42.00 feet) to a "P.K," nail found on the northwest line of a 0.120
of one hecl:lre (0.297 of one acre) tract ofland, described and conveyed unto Pedro S. Perez
alld wife, F'rancisca Perez in a deed dated January 25, 1978 and recorded in Volwne 550.
Page 116, Deed Records ofG1Jaclalupe County, Texas, at a comer of said right-of-way for
the northcomcr of the 0.067 of one hectare (0.166 of one acre) and thi:; pM:Cl;
3. TIlENCE SOUIH 27024'34" East with the common line of the 0.067 of one hectare (0.166
of one acre) tract and said 0.120 of one hectare (0.297 of one acre) tract, a distance ofJ.323
meters (10.90 feet) to a con~ nail set for the east comer of this parcel, which point is right
31.090 meters (102.00 feet) from and at a right angle to survey control line station
17+739.502; and from said concrete nail a found "PK" nail at the east comerofthe 0.067
of one hectare (0.166 ()f one acre) tract bears SOUTH 27"24'34" East and a dislanee of
33.254 meters (109.10 feet);
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EXHIBIT
p
. .
4. THENCE SOUTH 62.13'56" West, crossing the 0.067 of one hectare (0.166 of one acre)
tract, a distance of 18.289 meters (60.00 feet) to a concrete nail set on the common line of
the aforementioned 0.113 of one hcctlm: (0.280 of one acre) tract and the 0.067 of one
hectare (0.166 of one acre) tract for the south comer of this parcel; which point is right
31.090 meters (102.00 feet) from and at a right angle to survey conlrolline 17+721.214;
5. THENCE NORTH 27025'06" West, with th~-llbove mentioned collUDon line, a distance of
3.433 meters (11.26 feet) to the POINT OF BEGINNING WId containing 0.006 of one
hectare (0.015 of one acre) ofIand more or less.
The basis ofbeanng recited herein is the Texas Oeparlment of Transportation O.P.S. datum. This
description is based on a survey performed on the groUlld under 1I).y. supervision. There is a plat of
survey of even date.
~-// d'-r
Michael Haberer, RPLS #2501
Note: English units are provided for information only.
d6Ol!i1oOOClU'
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