199R1A - Petition in Condemnation Robert R BurchRESOLUTION 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 particularly 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 RESOLVED 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 of land 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 of land 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 Q / day of 1999.
CITY OF SCHERTZ, TEXAS
YOR
(SEAL)
Attest:
City Secretary
550953.1/815094 -2-
CAUSE NO.
CITY OF SCHERTZ, TEXAS § IN THE DISTRICT COURT
VS. § TH JUDICIAL DISTRICT
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.
Plaintiff is 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 25 1. 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
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 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
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, 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 Plaintiffto 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.
im
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
Account No.:
March 29, 1996
Job No. 46068.00
C.S.J. No.: 0025 -10 -063
County: Guadalupe
Highway: F.M. 78
Project Limits: from: Bexar /Guadalupe County line
To: F.M. 3009
FIELD NO'T'ES FOR PARCEL 5
Tieing 0.019 of one hectare,(0.047 of one acre) of land, more or less, out of the Genobera
Malpaz Survey No. 67, Abstract No. 221, Guadalupe County, Texas, also being out of a
0.200 of one hectare (0.4939 of one acre) tract of land, described and conveyed unto Robert
R. Burch in a deed dated August 12, 1991 and recorded in Volume 961, Page 561, Deed
Records of Guadalupe County, Texas and more particularly described by metes and bounds
as follows:
]BEGINNING at a concrete nail sdt in asphalt on the southeast right -of -way litre of F.M. 78
at the north corner of a 0.132 of one hectare (0.326 of one acre) tract of land described and
conveyed unto H.P. Printing, lac., a Texas corporation in a deed dated March 5, 1982 and
recorded in Volume 636, Page 506, Deed Records of Guadalupe Comity, Texas, for the west
corner of said 0.200 of one hectare (0.4939 of one acre) tract and this parcel;
THENCE NORTH 61045'05" East, with the common line of the 0.200 of one hectare
(0.4939 of one acre) tract and said right -of -way line, a distance of 59.454 meters (195.06
feet) to a 12.7 mm (1/2 ") rebar found at the northwest corner of a 0.113 of one hectare (0,280
of one acre) tract of land described and conveyed unto Donald C. Holman in a deed dated
May 30, 1991 and recorded in Volume 953, Page 808, Deed Records of Guadalupe County,
Texas, for the north corner of the 0.200 of one hectare (0.4939 of one acre) tract and this
parcei;
2. THENCE., departing said right -of -way line, with the common line of the 0.200 of one hectare
(0.4939 of one acre) tract and said 0.113 of one hectare (0,280 of one acre) tract the
following courses:
3. SOUTH 26 038'26" West, a distance of 5.315 meters (17.44 feet) to a 12.7 mm (1/2 ")
rebar found for an angle point;
EXHIBIT
Page 1 of 2
A
1
4. SOUTH 44 °22'35" East, a distance of 0.532 meters (1.75 feet) td a concrete nail set
in asphalt 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 +690.005; and
from said concrete nail, a found 12.7 mm (1 /2 ") rebar at the most easterly angle point
of the 0.200 of one hectare (0.4939 of one acre) tract bears SOUTH 44 °22'3 5" East,
a distance of 3.230 meters (10.60 feet),
S. THENCE SOUTH 62013'56" West, crossing the 0.200 of one hectare (0.4939 of one acre)
tract, a distance of 55.291 meters (181.40 feet) to a concrete nail set in asphalt on the
common line of the 0.200 of one hectare (0.4939 of one acre) tact and the aforementioned
0.132 of one hectare (0.326 of one acre) tract for the south corner 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+634.714:
6. THENCE NORTH 27 °37'05" West, with the above mentioned common line, a distance of
3.104 meters (10.18 feet) to the POINT Of BEGINNING and containing 0.019 of one
hectare (0.047 of one acre) of land more or less.
The basis of bearing recited herein is the Texas Department of Transportation G.P.S. datum. This
description is based on a survey performed on the ground under my supervision. There is a plat of
survev of even date.
Michael Haberer, RPLS 42501
Note: English units are provided for information. only.
481169.00.de8
Page 2 of 2
TELEPHONE: 210/224 -5575
FACSIMILE: 210/270-7205
WRITERS INTERNET ADDRESS:
rmcelhaney @fulbright.com
WRITERS DIRECT DIAL NUMBER:
210270 -7182
February 24, 1999
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 78205
Re: Burch Roofing: Resolution and Petition and Statement in Condemnation
Ms. Norma Althouse
City of Schertz, Texas
1400 Schertz Parkway
P. O. Drawer 1
Schertz, Texas 78154
Dear Ms. Althouse:
HOUSTON
WASHINGTON, D.C.
AUSTIN
SAN ANTONIO
DALLAS
NEW YORK
LOS ANGELES
LONDON
HONG KONG
Enclosed is the Resolution of the City Council of The City of Schertz, Texas Approving
a Statement and Petition in Condemnation Relating to Robert R. Burch which I am returning to you.
Very truly yours,
I (- (�>
Renee Forinash McElhaney
RFM/kyh
Enclosure
554922.1
Account No.-
March 29, 1996
Job No. 46068.00
C.S.J, No.: 0025 -10 -063
County: Guadalupe
Highway: F.M. 78
Project Limits: Prom: Bexar /Guadalupe County Line
To: F.M" 3009
FIELD NOTES FOR PARCEL 5
Tieing 0.019 of one hectare.(0.047 of one acre) of land, more or less, out of the Genobera
Maipaz Survey No. 67, Abstract No. 221, Guadalupe County, Texas, also being out of a
0.200 of one hectare (0.4939 of dne acre) tract of land, described and conveyed unto Robert
R. Burch in a deed dated August 12, 1991 and recorded in Volume 961, Page 561, Deed
Records of Guadalupe County, Texas and more particularly described by metes and bounds
as follows:
BEGINNING at a concrete nail sdt in asphalt on the southeast right -of -way litre of F.M. 78
at the north comer of a 0.132 of one hectare (0.326 of one acre) tract of lazed described and
conveyed unto H.P. Printing, Inc., a Texas corporation in a deed dated March 5, 1982 and
recorded in Volume 636, Page 506, Deed Records of Guadalupe County, Texas, for the west
corner of said 0.200 of one hectare (0.4939 of one acre) tract and this parcel;
1. THENCE NORTH 61045'05" Past, with the common line of the 0.200 of one hectare
(0.4939 of one acre) tract and said right -of -way line, a distance of 59.454 meters (195.06
feet) to a 12.7 mm (1/2 ") rebar found at the northwest corner of a 0.113 of one hectare (0,280
of one acre) tract of land described and conveyed unto Donald C. Dolman in a deed dated
May 30, 1991 and recorded in Volume 953, page 808, heed Records of Guadalupe County,
Texas, for the north comer of the 0.200 of one hectare (0.4939 of one acre) tract and this
parcei;
2. THENCF, departing said right -of -way line, with the common line of the 0.200 of one hectare
(0.4939 of one acre) tract and said 0,113 of one hectare (0,280 of one acre) tract the
following courses;
3. SOUTH 26 038`26" West, a distance of 5.315 meters (17.44 feet) to a 12.7 mm (1/2 ")
rebar found for an angle point;
EXHIBIT
Page 1 of 2
4. SOUTH 44 022135" East, a distance of 0.532 meters (1.75 feet) td a concrete nail set
in asphalt for the east corner 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 +690.005; and
from said concrete nail, a found 12.7 mist (1/2") rebar at the most easterly angle point
of the 0.200 of one hectare (0.4939 of one acre) tract bears SOUTH 44 °2235" East,
a distance of 3.230 meters (10.60 feet),
5. THENCE SOUTH 62013'56" West, crossing the 0.200 of one hectare (0.4939 of one acre)
tract, a distance of 55.291 meters (181.40 feet) to a concrete nail set in asphalt on the
common li nc of the 0.200 of one hectare (0.4939 of one acre) tract and the aforementioned
0.132 of one hectare (0.326 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 control line station
17-634.714;
6. THENCE NORTH 27 °37'05" West, with the above mentioned common line, a distance of
3.104 meters (10.18 feet) to the POINT OF BEGINNING and containing 0.019 of one
hectare (0.047 of one acre) of land more or less.
The basis of bearing recited herein is the Texas Department of Transportation G.P.S. datum. This
description is based on a survey performed on the ground under my supervision. There is a plat of
survey of event date.
Michael Haberer, RPLS 42501
Note: English units are provided for information only.
Page 2 of 2