25-R-146 Eminent Domain for Easements - Schwab and Ekhardt RoadsRESOLUTION 25-R-146
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING THE POWER OF
EMINENT DOMAIN FOR THE ACQUISITION OF
PERMANENT AND TEMPORARY WATER LINE EASEMENTS
AND CERTAIN PROPERTY RIGHTS NECESSARY FOR THE
ACCESS, CONSTRUCTION, ENLARGEMENT, AND
MAINTENANCE OF A PIPELINE AND APPURTENANCES
DESIGNED TO CARRY POTABLE WATER; AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO
INSTITUTE EMINENT DOMAIN PROCEEDINGS; AND
AUTHORIZING THE CITY ATTORNEY TO INITIATE
CONDEMNATION PROCEEDINGS
WHEREAS, the City Council has determined that there is a public necessity to construct
a water supply main to complete the connection between Schwab Road and Eckhardt Road to
provide a redundant water feed to that area of the City; and
WHEREAS, to facilitate the construction and maintenance of the water main for the
determined public purpose, permanent and temporary construction easements are necessary; and
WHEREAS, the City is obligated by an agreement with Mustang Oaks, LLC, to acquire
easements needed for the construction and maintenance of the supply main; and
WHEREAS, the City desires that the City Manager or his designee negotiate the
purchase of the easement properties, and if unsuccessful in purchasing the needed property
interests, institute condemnation proceedings to acquire the easement properties; and
WHEREAS, the City is authorized by Sections 251.001 and 552.011 of the Texas Local
Government Code, as amended, to institute eminent domain proceedings to acquire an interest in
certain real property for a public use; and
WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter
21 of the Texas Property Code; and
WHEREAS, under Chapter 21 of the Texas Property Code, a governmental entity
exercising the power of eminent domain must first authorize the initiation of the condemnation
proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and
WHEREAS, the City is authorizing the use of its power of eminent domain to condemn
the easement properties more particularly described in Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. Public necessity requires that the City acquire certain permanent and
temporary water pipeline easements in connection therewith, over, across, upon, and under
certain privately owned, by Schwab Credit Trust, real properties in Guadalupe County
Texas known as Guadalupe Appraisal District Identification Numbers 64006 and 67959
more fully described in Exhibit A attached hereto and made a part hereof for all purposes,
from said Landowner(s) or other persons who are determined to be the owner(s) of the
easement properties, for the public purpose of constructing, operating, maintaining,
repairing, relocating, replacing, enlarging, and removing a water pipeline system to be
constructed as described herein. Public necessity also requires that the City acquire 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. The City Council hereby authorizes the City Manager or his designee, to
negotiate with the landowner(s) to acquire the property rights for the City in the easement
properties described above and in Exhibit A herein. However, if the City Manager or his
designee determines that an agreement as to damages or compensation cannot be reached,
then the City Manager or his designee, on behalf of the City, is authorized to condemn the
above -referenced easement property interests and to sign and execute all necessary
documents to institute eminent domain proceedings for the acquisition of the easement
properties.
Section 3. The City Council authorizes and instructs the City Attorney, on behalf of the
City, to initiate condemnation proceedings at such time as directed by the City Manager or
his designee and take such other actions as are necessary to acquire the property interest in
the easement properties described above and in Exhibit A herein, by the exercise of the
power of eminent domain.
Section 4. If it is later determined that there are any errors in the descriptions contained
herein or if later surveys contain more accurate revised descriptions, the City Attorney is
authorized to have such errors corrected or revisions made without the necessity of
obtaining a new resolution of the City Council authorizing the condemnation of the
corrected or revised easement property.
Section 5. 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 of the City Council.
Section 6. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this 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 resolved
herein.
Section 7. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 8. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 9. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 10. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND APPROVED on the I day of `J� , 2025.
ATTEST:
Sheree Courney, Deputy City Secre
Exhibit A
Easement Descriptions
NOTES; 25-R-146 Exhibit A page 1 of 8 N
1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL
ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983.
Z THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF
SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND srre
RESTRICTIONS. W E
3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR
THIS EXHIBIT
MAP
4, ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER LOCATION
NOT-TO-SCALE
CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT S
RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE
COUNTY, TEXAS. 30 0 30
5. SIGNATURE APPLIES TO ALL SHEETS, SEE SHEET 2 FOR _
SIGNATURE AND LINE TABLE.
SCALE :1" = 30'
SELECT LINEAR UNIT OF MEASURE
SCHWAB ROAD
(86' R. 0. W)
E.G. T. C.A. ESMT
(VOL. 10, PG 35-37, M.P.R.)
r P. 0. B.
FIR, EYI SURVEYING" CARROL M. GAHAGAN JR.
LOT 900� SURVEY NO. 256 ABSTRACT 142
Lk
0
0.6163 OF AN ACRE
N - 20' WATER EASEMENT
s�9, a91 I sR G• (26,848 SQ. FT.)
LOT 901,
BLOCK 29
FrR "KFW Cw. VZ HOMESTEAD SUBDIVISION U7
SURVEYING" N.. (DOC. NO. 202399006451 O.P.R.)
° VARIABLE WIDTH
22.70 ACRE TRACT Z �� R,O.W. DEDICATION
SCHWAB CREDIT TRUST 0 N (VOL. 10, PG 35-37, M.P.R.) FIR "KFW c
w (DOC. NO. 2016027396 O. P.R.) a?: SURVEYING"' �
V P. S. MIGUEL SURVEY NO. 256 N �q6 Al
ABSTRACT 227
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_SYMBOL LEGEND NN <6�
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o a POINT
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E.G.T.CA. ELECTRIC, GAS, TELEPHONE, 6
CABLE TELEVISION EASEMENT 5 22.14 ACRE TRACT
3° O.P.R. OFFICIAL PUBLIC RECORDS OF SCHWAB CREDIT TRUST
m GUADALUPE COUNTY, TEXAS (DOC. NO. 2016027396 O.P.R.)
M.P.R. MAP AND PLAT RECORDS OF
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NO TES:
1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL
ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983.
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF
SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND
RESTRICTIONS.
3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR
THIS EXHIBIT.
4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER
CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT
RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE
COUNTY, TEXAS.
5. SIGNATURE APPLIES TO ALL SHEETS.
SYMBOL LEGEND
® FIR FOUND 112"IRON ROD OR AS NOTED
O.P.R. OFFICIAL PUBLIC RECORDS OF
GUADALUPE COUNTY, TEXAS
POINT
Line Table
LINE# DIRECTION LENGTH
L1 s25•2436'E 20.01'
12
S69'2892'W
48.81'
L3
N30'3128MN
20,00'
L4
N59°2632'E
73.35'
vi
F1R "KFW
SURVEYING'
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30 0 30
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SCALE: ill:: 30'
SELECT LINEAR UNIT OF MEASURE
FIR KFW
SURVEYING' —
95.34 ACRE TRACT
RBV2 LIMITED PARTNERSHIP
(VOL. 1654, PG 902, O.P.R.)
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(DOC. NO. 2016027396 O.P.R.)
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25-R-146 Exhibit A page 3 of 8
3421 Paesanos Pkwy, Ste, 103
San Antonio Texas 78231 US
Main: 877 627 3772
METES AND BOUNDS DESCRIPTION
FOR 0.6163 OF AN ACRE
20-FOOT-WIDE WATER EASEMENT
Engineering
& Design
Being a 20-Foot-Wide Water Easement, over and across the Carrol M. Gahagan Jr. Survey No. 258, Abstract 142, and
the P.S. Miguel Survey No. 256, Abstract 227, Guadalupe County, Texas, a 22.14 acre tract and a 22.70 acre tract, as
conveyed to Schwab Credit Trust of record in Document Number (Doc. No.) 2016027396 of the Official Public
Records of Guadalupe County, Texas (O.P.R.) and being more particularly described by metes and bounds as follows:
BEGINNING at a found %" iron rod stamped "KFW SURVEYING", for the northeast corner of the 22.70 acre tract, an
interior corner of Lot 901, Block 29 of Homestead Subdivision Unit 7A of record in the O.P.R. and the easement
described herein;
THENCE: Along and with the common line of the 22.70 acre tract, Lot 901 and the 22.14 acre tract, the following two
(2) courses:
1. S 21°27'28" E, a distance of 223.23 feet to a found Y2" iron rod with a blue cap stamped "KFW SURVEYING",
for the south corner of Lot 901, the northwest corner of the 22.14 acre tract, an angle point of the 22,70
acre tract and an interior corner of the easement described herein, and
2. N 61"59'15" E, a distance of 445.47 feet to a found''/:" iron rod with a blue cap stamped "KFW SURVEYING"
on the north line of the 22.14 acre tract, for the common corner of Lot 901, a 95.34 acre tract, as conveyed
to RBV2 Limited Partnership of record in Volume 1654, Page 902 of the O.P.R. and an angle point of the
easement described herein;
THENCE: N 62°55'57" E, along and with the common line of the 95.34 acre tract and the 22.14 acre tract, a distance
of 601.73 feet to a found iron rod on the west line of a remaining portion of a 44.332 acre tract, as conveyed to
Mustang Oaks LLC of record in Doc. No. 202399000734 of the O.P.R., for the southeast corner of the 95.34 acre tract,
the northeast corner of the 22.14 acre.tract and the northeast corner of the easement described herein, from which
a found W iron rod with a blue plastic cap stamped "KFW SURVEYING", for a northwest corner of the 44.332 acre
tract, bears, N 25"24'38" W, a distance of 258.81 feet;
THENCE: S 25°24'38" E, along and with the common line of the 44.332 acre tract and the 22.14 acre tract, a distance
of 20.01 feet to a point, for the southeast corner of the easement described herein;
THENCE: Over, across and 20 feet from and parallel to the north line of the 22.14 acre tract and the 22.70 acre tract,
the following four (4) courses:
1. S 62'55'S7" W, a distance of 600.98 feet to a point, for an angle point of the easement described herein,
2. S 61'59'15" W, a distance of 467.73 feet to a point, for the southern -most southwest corner of the
easement described herein,
3. N 21°27'28" W, a distance of 222.22 feet to a point, for an interior corner of the easement described herein,
and
Accelerating success.
i
25-R-146 Exhibit A page 4 of 8
Protect No. 23001191A
October 16, 2024
Page 2 12
Engineering
& Design
4. S 59"28'32" W, a distance of 49.91 feet to a point, for a west corner of the easement described herein;
THENCE: N 30'31'28" W, a distance of 20.00 feet to a point on the southeast termination line of Schwab Road (86'
wide right-of-way), the north line of the 22.70 acre tract and for the northwest corner of the easement described
herein, from which a found %" iron rod stamped "KFW SURVEYING" for the southwest termination corner of Schwab
Road, bears S 59"28'32" W, a distance of 69.79 feet;
THENCE: N 59°28'32" E, along and with the common line of Schwab Road, the 22.70 acre tract, Lot 900 and Lot 901,
Block 29 of Homestead Subdivision Unit 7A, at a distance of 20,00 feet passing a found W iron rod stamped "KFW
SURVEYING", for the southeast termination corner of Schwab Road and the southwest corner of Lot 900, continuing
for a total distance of 73.35 feet to the POINT OF BEGINNING, containing 0.6163 of an acre or 26,848 square feet,
more or less in Guadalupe County, Texas and being described in accordance with a survey prepared by CED. Bearings
are based on the Texas State Plane South Central Zone 4204, North Ameri
Job No.: 23001191A
Prepared by: CED
Date: October 16, 2024
File: SADraw 2023\23-038 Ackermann Subdivision\DOCS \23001191A 20FT at __.....___..
NOTES 25-R-146 Exhibit A page 5 of 8
1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL
ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983.
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF
SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND
RESTRICTIONS.
3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR
THIS EXHIBIT.
4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER
CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT
RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE
COUNTY, TEXAS,
5. SIGNATURE APPLIES TO ALL SHEETS. SEE SHEET 2 FOR
SIGNATURE AND LINE TABLE.
SCHWAB ROAD
(66' R.O.W.)
1g�
ag,
2a
�5g VA
Aolti P. O. B.
y--P. O. C.
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E. G. T C. A. ESMT
(VOL. 10, PG 35-37, M.P.R.)
FIR WIN
•'SURVEYING"
N
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S
30 0 30
SCALE: 1":::: 30
SELECT LINEAR UNIT OF MEASURE
CARROL M. GAHAGAN JR.
SURVEY NO. 258 ABSTRACT 142
LOT 900' 133� 0.6333 OF AN ACRE
20' TEMP CONST ESMT
FIR'KFW (27,588 SQ.FT.)
1 a SURVEYING"
G5 N
0
P.S. MIGUEL SURVEY NO. 256 N�
W ABSTRACT 227
22.70 ACRE TRACT
SCHWAB CREDIT TRUST
(DOC. NO. 2016027396 O.P.R.)
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ORIGINAL SURVEY LINE
R.O.W.
RIGHT-OF-WAY
E.G.T.CA.
ELECTRIC, GAS, TELEPHONE,
CABLE TELEVISION EASEMENT
O.P.R.
OFFICIAL PUBLIC RECORDS OF
GUADALUPE COUNTY, TEXAS
M.P.R.
MAP AND PLAT RECORDS OF
GUADALUPE COUNTY., TEXAS
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NOTES: 25-R-146 Exhibit A page 6 of 8
1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE
SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL
ZONE 4204, NORTH AMERICAN DATUM INAD) OF 1983.
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF
SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND
RESTRICTIONS.
3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR
THIS EXHIBIT.
4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER
CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT
RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE
COUNTY, TEXAS.
5 SIGNATURE APPLIES TO ALL SHEETS.
SYMBOLLEGEND
0 FIR FOUND 112" IRON ROD OR AS NOTED
O.P.R. OFFICIAL PUBLIC RECORDS OF
GUADALUPE COUNTY, TEXAS
• POINT
Line Table
LINE# I DIRECTION I LENGTH
L1
N59.28'3211E
2000'
L2
S30'31.287E
20.00,
L3
N59'28W E
49.91'
L4
S25'2436E
20.01'
L5
859'28'32"W
46.46'
LB
N30'3128•W
4000'
+A
•-
w
E
S
30
0
30
SCALE: ill = 30'
SELECT LINEAR UNIT OF MEASURE
95.34 ACRE TRACT
RBV2 LIMITED PARTNERSHIP
(VOL. 1654, PG 902, O.P.R.)
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(DOC. NO. 2016027396 O.P.R.)
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1 25-11-146 Exhibit A page 7 of 8
3421 Paesanos Pkwy, Ste, 103
San Antonio Texas 78231 US
Main: 877 627 3772
Engineering
& Design
METES AND BOUNDS DESCRIPTION
FOR 0.6333 OF.AN ACRE
20-FOOT-WIDE TEMPERARY CONSTRUCTION EASEMENT
Being a 20-Foot-Wide Temporary Construction Easement, over and across the Carrol M. Gahagan Jr. Survey No. 258,
Abstract 142, and the P.S. Miguel Survey No. 256, Abstract 227, Guadalupe County, Texas, a 22.14 acre tract and a
22.70 acre tract, as conveyed to Schwab Credit Trust of record in Document Number (Doc. No.) 2016027396 of the
Official Public Records of Guadalupe County, Texas (O.P.R,) and being more particularly described by metes and
bounds as follows:
Commencing at a found %" iron rod stamped "KFW SURVEYING" on the north line of the 22.70 acre tract, for the
southwest termination corner of Schwab Road (86' wide right-of-way).
Thence: N 59°28'32" E, along and with the common line of Schwab Road and the 22.70 acre tract a distance of 49.79
feet to a point for the northwest corner and THE POINT OF BEGINNING of the easement described here.
THENCE: N 59'28'32" E, continuing along and with the common line of Schwab Road and the 22.70 acre tract a
distance of 20.00 feet to a point for the north corner of the easement described herein, from which a found''/:" Iron
rod stamped "KFW SURVEYING", for an internal corner of Lot 901, Block 29 of Homestead Subdivision Unit 7A of
record in Doc. No. 202399006451 and the northeast of the 22.70 acre tract, bears, N 59"28'32" E, a distance of 73.35
feet;
THENCE: Over and across the 22.70 acre tract and the 22.14 acre tract, along and with the west, southwest, south
and southeast lines of a 20 foot water easement this day described the following five (5) courses:
1. S 30°3128" E, a distance of 20.00 feet to a point, for an interior corner of the easement described herein,
2. N 59°28'32" E, a distance of 49.91 feet to a point, for an east corner of the easement described herein,
3. S 21'27'28" E, a distance of 222.22 feet to a point, for an interior corner of the easement described herein,
4. N 61°59'15" E, a distance of 467.73 feet to a point, for an angle point of the easement described herein,
and
5. N 62"55'57" E, a distance of 600.98 feet to a point on the west line of a remaining portion of a 44.332 acre
tract, as conveyed to Mustang Oaks LLC of record In Doc. No. 202399000734 of the O.P.R., the east line of
the 22.14 acre tract and for the easterly northeast corner of the easement described herein, from which a
found Y" iron rod with a blue plastic cap stamped "KFW SURVEYING", for a northwest corner of the
remaining portion of a 44.332 acre tract, bears, N 25°24'38" W, a distance of 278.82 feet;
THENCE: S 25°24'38" E, along and with the common line of the remaining portion of a 44.332 acre tract and the
22.14 acre tract, a distance of 20.01 feet, for the southeast corner of the easement described herein,
THENCE: Over, across and 40 feet from and parallel to the north line of the 22.14 acre tract and the 22.70 acre tract,
the following four (4) courses:
Accelerating success.
U25-R-146 Exhibit A page 8 of 8
Project No. 23001191A
October 16, 2024
Page 2 12
Engineering
& Design
1. S 62°55'57" W, a distance of 600.08 feet to a point, for an angle point of the easement described herein,
2. S 61°59'15" W, a distance of 490.16 feet to a point, for the southern -most southwest corner of the
easement described herein,
3. N 21°27'28" W, a distance of 221.20 feet to a point, for an interior corner of the easement described herein,
and
4. S 59°28'32" W, a distance of 46.46 feet to a point, for a west corner of the easement described herein;
THENCE: N 30*31128" W, a distance of 40.00 feet to the POINT OF BEGINNING, containing 0.6333 of an acre or
27,588 square feet, more or less in Guadalupe County, Texas and being described in accordance with a survey
prepared by CED. Bearings are based on the Texas State Plane South Central one 4204, North American Datof
1983 (NAD83). f 1
Job No.: 23001191A
Prepared by: CED
Date: October 16, 2024
File: 5:\Draw 2023\23-038 Ackermann Subdivision\DOCS N23001191A 20FT Temp Const ESMT.docx