2003R05- APRROVING A STATEMENT AND PETITION IN CONDEMNATION
30437434.1
RESOLUTION NO. OJ -If -05
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION
RELATING TO FELIX LEON
WHEREAS, the City of Schertz, Texas (the "City") has
previously found and determined that public welfare and
convenience requires the construction of a drainage right-of-way
and the relocation of an existing sewer line 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, title to a tract of land in Guadalupe County, Texas,
together with any and all improvements located thereon, and a
permanent easement upon a tract of land in Guadalupe County,
Texas, said tract of land and easement more particularly described
in the Field Notes attached collectively hereto as Exhibit A which
is incorporated herein (the "Field Notes");
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, title to a tract of land in Guadalupe
County, Texas, together with any and all
improvements located thereon, and a permanent
easement upon a tract of land in Guadalupe County,
Texas, as more particularly described in the Field
Notes;
Section 2. The acquisition of the tract of land
and easement described in the Field Notes is
necessary and essential for the public purpose and
use of the establishment, location, construction, and
maintenance of a drainage right-of-way and the
relocation of an existing sewer line, in Guadalupe,
County, Texas; and
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Section 3. As negotiations to acquire the
drainage right-of-way and easement described in the
Field Notes have been unsuccessful, and, in the
event such negotiations are not successful (as
determined by the City Manager) as of the date
which is the eighth day after the City's final offer
was received by the owner of the land described in
the Field Notes, 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 drainage right-of-way and
easement for the public purposes and use by the
City as set forth herein, 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.
'J 1-f4
Approved, this E!:::!.L day ofM2.rch, 2003.
"
CITY OF SCHERT , TEXAS
~
{ MAYOR
(SEAL)
Attest
~:lse~
30437434.\
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Date: October 14, 2002
Project No: 1121.7106
FIELDNOTES DESCRIBING A 1.018 ACRE (44,327 SQ. FT.)
DRAINAGE RIGHT-OF-WAY, PARCEL NO. 107
Fieldnotes describing a 1.018 acre drainage right-of-way situated in the G. Malpaz Survey
No. 67, City of Schertz, Guadalupe County, Texas, and out of a 3.76 acre tract recorded.
in Volume 767, Page 1335, Official Public Records, Guadalupe County, Texas and more
particularly described as follows:
BEG1NNING at a W' iron rebar found in the north right-of-way line of Ebel Road, at the
east comer of the 3.76 acre tract and this right-of-way, a.distance of 5.70 feet southeast
from the'south comer of Lot 1, Block 1, Guadalupe County Substation Subdivision,
recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas;
THENCE, S 59028'16" W, 132.43 feet along the northwest right-of-way line of Ebel
Road, to a Y2" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the
south corner of this right-of-way;
THENCE, N 30029'10" W, 52.64 feet into the 3.76 acre tract, to a '12" iron rebar with a
yellow plastic cap stamped "Ford Eng., Inc." set at the beginning of a curve to the left of
this right-of-way;
THENCE, with said curve to the left, having a radius of618.00 feet, a delta angle of
24013'29", an arc length of261.29 feet (chord N 42035'55" W, 259.35 feet) to a W' iron
rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the west corner of this
parcel in the north line of the 3.76 acre tract and the south line of a 34 acre tract recorded
in Volume 1688, Page 277 Official Public Records, Guadalupe County, Texas;
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THENCE, N 61059'16" E, 187.15 feet along the conunon line of the 34 acre tract and the
3 .76 acre tract to a 1h" iron rebar found for the northeast comer of this parcel and 3.76
acre tract and southeast corner of the 34 acre tract and in the west line of said Lot 1;
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THENCE, S 30027'43" E, 298.04 feet to the POINT OF BEGINNING and containing
1.018 acres (44,327 sq. ft.) ofland according,to a survey made by Ford Engineering, Inc.
under my supervision.
Basis of Bearing is NAD 1983 Texas State Plane coordinates South Central Zone.
Corresponding plat was .prepared.
} 121.71 06P ARCEL I 07FN.4s>c
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Fred McMichael, R.P.L.S. No. 3682
EXHIBIT
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Date: November 15, 2002
Project No: 1121.7106
FIELDNOTES DESCRIBING A 0.181 ACRE (7,875 SQ. FT.)
25.00 FOOT SEWER EASEMENT
Fieldnotes describing a 0.181 acre sewer easement situated in the G. Malpaz Survey No. 67, City
of Schertz, Guadalupe County, Texas, out of a 3.76 acre tract recorded ill Volwne 767, Page
1335, Official Public Records, Guadalupe County, Texas and more partiCijlarly described as
follows:" ".<
BEGINNING at a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set in the
north right-of-way line of Ebel Road for the east comer of this easement situated for reference S
59028'16" W, 132.43 feet from a ~"iron rebar found, atth~ east comer of the 3.76 acre tract;
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. THENCE, S 59028'16" W, 25.00 feet along the northwest right-of-way line ofEbel Road to a YJ"
iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for the south comer of this
easement; .
THENCE, N 30029'10" W, 52.66 feet: into the 3.76 acre tract, to a W'iron rebar with a yellow
plastic cap stamped "Ford Eng., Inc." set at the beginning of a CUIVe to the left of this easement;
TIiENCE, with said curve to the left, having a radius of593.00 feet, a delta angle of 2502T43",
an arc length of263.53 feet (chord N 43013'02" W, 261.36 feet) to a W' iron rebar with a yellow
plastic cap stamped "Ford Eng., Inc." set for the west comer of this easement in the north line of
the 3.76 acre tract and the south line ora 34 acre tract recorded in Volwne 1688, Page 277 Official
Public Records, Guadalupe County, Texas;
TIiENCE, N 62059'23" E, 8.31 feet along the common line of the 34 acre tract and the 3.76 acre
tract to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for an angle point;
THENCE, N 61059'16" E, 19.91 feet continuing' along the conunon line of the 34 acre tract and
the 3.76 acre tract to a YJ" iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for
the north corner of this easement at the beginning o~ a curve to the right in the southwest line of a
proposed ~e right-of-way;
THENCE, into the 3.76 acre tract with. said right-of-way and said CUIVe to the right, having a
radius of618.00 feet, a delta angle of24013'29", an arc length of261.29 feet (chord S 42035'55"
E, 259.35 feet) to a W' iron rebar with a yellow plastic cap stamped "Ford Eng., Inc." set for a
point of tangency of this easement;
TIIENCE, S 30029'10" E, 52.64 feet to the POINT OF BEGINNING and containing 0.181 acres
(7,875 sq. ft.) ofland according to a sUIVey made by Ford Engineering, Inc. ~der my supervision.
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Basis of Bearing is NAD 1983 Texas State Plane coordinates South Central Zone.
Corresponding plat was prepared.
1121. 71 06LeonSMFN.doc
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Fred McMichael, R.P.L.S. No. 3682
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