2007R39-Condemnation Charles L. Hernal
RESOLUTION NO. 07-R-39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO CHARLES L. HERNAL
WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined
that public welfare and convenience requires the establishment, location, construction, and
maintenance of a street along a route abutting Schertz Parkway in the City 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, maintenance of a street abutting Schertz Parkway in the
City 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.
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Approved, this 4th day of September, 2007.
CITY OF SCHER , TEXAS
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MA YOR t
(SEAL)
Attest:
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C~ Secret
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