2002R10- WATERLINE AND TEMPORARY COSTRUCTION EASEMENTS
RESOLUTION NO. 0,1.. - tf- /0
RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING
PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE
ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY
CONSTRUCTION EASEMENTS IN GONZALES AND GUADALUPE
COUNTIES AND RELATED MATTERS
WHEREAS, the City of Schertz, Texas (the "City") has previously found and
determined that public welfare and convenience requires the construction, operation, and
maintenance of a water pipeline system, along a route in Gonzales and Guadalupe
Counties, Texas; and
WHEREAS, pursuant to its power of eminent domain as outlined in Sections
251.001 and 402.011 of the Texas Local Government Code, as amended, and other
pertinent statutory authority, the City Council of the City has determined that the
acquisition of certain water pipeline easements and temporary construction easements in
connection therewith, over, across, upon and under certain properties in Gonzales and
Guadalupe Counties, Texas by purchase or by eminent domain proceedings, is necessary
for the public welfare-and-convenience purpose of constructing, operating, maintaining,
repairing, relocating, replacing and removing a water pipeline system; and
WHEREAS, duly approved offers based on written appraisals by independent real
estate appraisers for the fair cash market value of each of the water pipeline easements
and temporary construction easements to be bought or acquired out of the following
tracts, to wit:
INTERNAL
TRACT
LANDOWNER
COUNTY
~
ABSTRACT
ACRES
illY!'!E!!
GU-107B
Victor Garza, Jr., et ux.
Guadalupe
Claiborn Rector
A-270
90.82
and more fully described in Exhibit "A", have been transmitted to each of the owners
thereof, along with a copy of the appraisal as to each parcel, and the owners have been
unable to agree with the City of Schertz as to the fair cash market value of each described
tract, and further negotiations have become futile.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
SCHERTZ, TEXAS THAT:
SECTION 1: Public necessity requires that the City of Schertz acquire certain
water pipeline easements and temporary construction easements in connection therewith,
over, across, upon and under certain privately owned real properties in Guadalupe
County, Texas, to wit:
INTERNAL
TRACT
LANDOWNER
COUNTY
~
ABSTRACT
ACRES
OWNED
GU-107B
Victor Garza, Jr., et ux.
Guadalupe
Claiborn Rector
A-270
90.82
more fully described in Exhibit "A" attached hereto and made a part hereof for all
purposes for the public purpose of constructing, operating, maintaining, repairing,
relocating, replacing and removing a water pipeline system to be constructed. Public
RESOLUTION
(SCHERTZ - 07/31102)
Page 1 of3
necessity also requires that the City of Schertz 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 of Schertz take all other lawful action necessary and incidental to such
purchases or eminent domain proceedings.
SECTION 2: It is hereby determined that the City of Schertz has in fact
transmitted bona fide offers and copies of the real estate appraisals in support thereof to
each of the owners of the property interests sought to be acquired and as required by law,
but the City of Schertz and the owners of such property interests have been unable to
agree and cannot agree upon the value of such property interests or the damages to be
paid, and further settlement negotiations have become futile.
SECTION 3: The City Council hereby directs and authorizes the City Manager,
staff, agents, and retained attorneys to institute and prosecute to conclusion all necessary
proceedings to condemn the property interests described above herein and to acquire all
such interests that the City of Schertz is unable to acquire through negotiation by reason
of its inability to agree with the owner thereof as to the damages to the landowner, and to
take any other legal action necessary and incidental to such purchases or eminent domain
proceedings.
SECTION 4: All acts and proceedings done or initiated by the employees,
agents, and attorneys of the City of Schertz for the acquisition of such property are
hereby authorized, ratified, approved, confirmed, and validated and declared to be valid
in all respects as of the respective dates thereof with and in regard to the grantors from
whom such rights have been or are being acquired.
SECTION 5: If any provisions, sections, subsections, sentences, clauses or
phrase of this Resolution, or the application of same to any person or set of circumstances
is for any reason held to be unconstitutional, void or invalid, the validity of the remaining
portions of this Resolution shall not be affected thereby, it being the intent of the City
Council of the City of Schertz, Texas in adopting this Resolution that no portion thereof,
or provisions or regulation contained herein shall become inoperative or fail by reason of
any unconstitutionality or invalidity of any other portion hereof and all provisions of this
Resolution are declared to be severable for that purpose.
SECTION 6: 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 Governing Body.
SECTION 7: All ordinances and 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 ordained herein.
SECTION 8: This Resolution shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America.
RESOLUTION
(SCHERTZ - 07/31/02)
Page 2 of3
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, as amended, Texas
Government Code.
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 this ~ day of
~1
,/'--7
c;6 I ~e:/
Mayor
City of Schertz, Texas
,2002.
ATTEST:
~.~
City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 07131/02)
Page 3 oB
STATE OF TEXAS
COUNlY OF GUADALUPE
Viculr Ciana, Jr.. c:t ax
GU.IO'7B
field notcs oC a temporary casement 20 f~t ill width. being 011, under and Kross a 90.82 acre ttDCt
of bncl conveyed from Sepin SQtc DanIt 11114 Txusl Company to Viclor Guza. Jr., and wifc:. Marie T.
CiUZil by WilmDty Deed dated March 17, 1994 and recorded in Volume 1088, Plge 483 oCtile Official
Records ofGua.da1upe County, Tau;
Said tempotar)' c:uemt:D1 is c:ampriscd of I panion oC the Claibom P.cctot SlIMlY, Absuac:t 270. is
situated in Guadalupe CoUllt)'. Texas, lIIld is desc:ribed by metes and bounds aa f'olloWIII
Beginning at the nonheut comer of said 20.00 foollempOtal'Y easemeDl, said comer beariDg S 2a-
22' 49" Eo 210.43 feet. S 60. 45' 43" W, 107.24 (eet, fi'om the north comer of said 90.82 acre U'Kt aad _aid
comer being on the south boundaty of II SchcrUIScguin Local Govel'llD1Cl1t CorporatiOD (S/SLCiC) 30.00
fool wide pc:nnaDCDC pipeline easemem;
Thence S 290 14' 17" B wilh the out boundllry of this ~mporuy easement, 20.00 teet, to tho
1O\IdleaIit co= ofthili casement;
111c:DCC S 600 45' 43" W with tbc SQUib boundary o( this 20.00 foot wide ranporary easclDllDl aad
rwmmg 20.00 feet 801M of anci pamllellO .aid S1SLCiC 30.00 foot pmnancnt pipeline cucment, IS0.00
feel, lO the SOUIhwesl comer of this temporary easemenI:
Thencc N 29. 14' 17" W wilh the MlS~ boundary of lhis temporary ealClDCnt, 20.00 feet, to tbe
DOt1hWelit comer of this temporary ClISIlJDCUt. Slid comer being on die soudl bouDcIuy of said SJSLGC
30.00 fooc pCtmaJ1ent pipeliPc easement;
Thence N 60.45' 43" 2 with the north boundary of this tClllpOrary eascmmlt, the same hems the
SOllth boundary of said S1SLGC 30.00 toot penuancm pipelitle casemcut, 150.00 rect, to the PolDt of
DegIDDiog and cOl1mining 0.07 BctOS of land, more: or less.
20' TcmpDl'iIl'Y Eascmem LCIlSth - 150.00 (cot
20' Temporary Easmx:m Ac:reagc -= 0.07 "'rei
1, George RubalcabD, Registered Professional Land Surveyor ofTexu, do hczcby SUtIlwt this is a crue
and c:om:ct description of 11I1 ",mal survC)' made Oll the grQuad, this the 28lh day of lune. 2002.
~
EXHIBIT "A"
Page 1 of 2 Pages
1
,
NORTH CORNER OF'
90.82 ACRE TRACT
CLAIBORN RECTOR
A-270
...-
'" '"
'" /
/ '"
",'" '"
'" '" /
/ / / '" "" t!:P. .-!'.
"'./ /.'f/ /.:')~
/ "" '" ......!:j...
/ ,/ /. ~c.dDi.,~bo
'" / '" A ?'''-,QI'
/",:",/~1;;~~~"/ ~ .\1~
.30' KOCH PIPElINE CO. '" '" / '" ,/ "ij~'?91 j)" <:,'l.~\~~
EASEMENT: V-B94. '" / '" / '" ~1/ I). &..":J~ '1: .
P-510. ORGUCT~'" /'" /// '" /<1 ~Jo.? ~
'" / '" / / /.,/ // .. ~ \'?\) 20' TEMPORARY
/ / / / /.;' / ,/ ,1~ EASEMENT (20'1l150')
'" '" Z / '\~ .
/'" '" "," // ~~"\J~
/ / '" / "
/ / / /
,;",,,,:,,~,,,/' /",,"
/ " .;',/ " 50' S/SLCC TEMPORARY
/' CONSTRUCTION EASEMENT
/ /' /' . It. 30' S/SLGC PERMANENT
EASEI.IENT
@u- 1 07S)
VICTOR GARZA. ET UX
90.82 ACRES
V-l088. p-483, aRCueT
5
1
or
Ii"
:;:
;;
~
oil
~
S
20' TOAPORARY EASEMENT LENGTH = 150.00 F'EEl
20' TEMPORARY EASEMENT ACREAGE · 0.07 ACRES
o
I
100'
~
200'
J
gJW
SnlNO MCl5~ I\ND AI&oc;""res. IN(:.
II'IGINl!BKS ~ CONaI..TAJn'$
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT 8
20' TEMPORARY EASEMENT
TEXAS
CUADALUPE COUNTY
SCl\Lt GRAPHIC
,u-~--'-
c..., QIrhU. ~ 7M'J.
SHEET
GUt07S
QRAW\NC No.
GU107BPLT
Exhibit "A"
Page 2 of 2 Pages