2002R06- CHARLES E. HILLERT
RESOLUTION NO. OZ-R-&
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION
RELATING TO CHARLES E. HILLERT
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, Lower
Seguin Road, along a route in Bexar 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 ofland in Bexar 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 ofland in
Bexar 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 ofthe establishment, location,
construction, widening and maintenance of a street
and utility right-of-way, Lower Seguin Road, in
Bexar 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 hJ!!day of -.t:}..IA1..L
(SEAL)
Attest:
, 2002.
CITY OF SCHERTZ, TEXAS
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CAUSE NO.
CITY OF SCHERTZ, TEXAS
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TH JUDICIAL DISTRICT
IN THE DISTRICT COURT
VS.
CHARLES E. HILLERT
BEXAR 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 Charles E. Hillert, hereinafter referred to as "Defendant," whether one or more, and would
respectfully show as follows:
1.
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
Bexar County, Texas. Defendant maybe served at Rt. 1, Box 226, Converse, Texas 78154.
II.
Plaintiff is engaged in the establishment, location, construction, maintenance and widening
of a street and utility right-of-way, Lower Seguin Road. In accordance with the laws and statutes of
this State, including Section 251.001 of the Texas Local Government Code, Plaintiffis 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
the governing body of the Plaintiff considers advisable. By reason thereof, Plaintiff is affected with
a public interest and use under the statutes and laws ofthe State of Texas.
EXHIBIT
205097
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A
III.
Plaintiff is now engaged in the location, construction and widening of a street and utility
right-of-way in Bexar County, Texas. In connection with the street and utility right-of-way, Lower
Seguin Road, 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 ofland (hereinafter called the "Property"), together with
all improvements thereon, in Bexar 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 been refused and any further attempt by Plaintiff to agree with Defendant would be
205097
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futile, and Plaintiffhas no recourse but to seek condemnation ofthe 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.
By:
Jeffrey L. Bryan
State Bar No. 00796266
300 Convent Street, Suite 2200
San Antonio, Texas 78205
Telephone: (210) 270-7151
Facsimile: (210) 270-7205
Attorney for the City of Schertz
205097
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December 15, 1997
Job No. 46140.02
Account No.:
C.S.J. No.:
County:
Highway:
Project Limits:
0915-12-180
Bexar
Lower Seguin Road
From: F.M. 1604
To: F.M. 1518
FIELD NOTES FOR PARCEL 17
Being 0.082 of one hectare or 815 square meters (0.201 of one acre or 8,777 square feet) of land
more or less out of the Jeronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, Bexar
County, Texas, also being out ofa 14.302 hectare (35.34 acre) tract ofland described and conveyed
unto Charles E. Hillert in a deed dated January 11, 1979, and recorded in Volume 1412, Page 623,
Official Public Records of Real Property, Bexar County, Texas and more particularly described by
metes and bounds as follows:
BEGINNING at a 12.7 mm (112") rebar with a Castella & Assoc. plastic cap set for the most
southerly comer of this parcel, on the existing north right-of-way line of Lower Seguin Road
at the common comer of said 14.302 hectare (35.34 acre) tract and a 1..819 hectare (4.494
acre) tract of land described and conveyed unto Edward S. Doublet and wife, Marline H.
Doublet in a deed dated March 4, 1981 and recorded in Volume 2249, Page 801, Official
Public Records of Real Property, Bexar County, Texas;
1. THENCE NORTH 30021' 05" West, departing said existing right-of-way line, along the
common line of said 14.302 hectare (35.34 acre) tract and said 1.819 hectare (4.494 acre)
tract, a distance of 2.488 meters (8.16 feet) to a 12.7 mm (1/2") rebar with a Castella &
Assoc. plastic cap set for the most westerly comer of this parcel, and being on the proposed
right-of-Way line of Lower Seguin Road, which point is left 12.005 meters (39.39 feet) from
and at a right angle to survey control line station 04+097.228;
2. THENCE NORTII 580 59' 24" East, along the proposed right-of-way line of Lower
Seguin Road, a distance of243.906 meters (800.21 feet) to a 12.7 mm (1/2") rebar
with a Castella & Assoc. plastic cap set for an angle point of this parcel; which point
is left 13.046 meters (42.80 feet) from and at a right angle to survey control line
station 04+341.132;
3. THENCE NORTH 59052' 21" East, continuing with said proposed right-of-way line
a distance of 7.462 meters (24.48 feet) to a 12.7 rom (1/2") rebar with a Castella &
Assoc. plastic cap set for the most northerly corner of this parcel, and being of the
common line of the aforementioned 14.302 hectare (35.34 acre) tract, and a 5.471
Page 1 of2
EXHIBIT
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hectare (13.52 acre) tract ofland described and conveyed unto Conrad J. Hillert in
a deed dated January 11, 1979 and recorded in Volume 1412, Page 627, Official
Public'Records of Real Property, Bexar County, Texas, from which the most
northerly comer of said 14.302 hectare (35.34 acre) tract bears North 300 39' 53"
West, and a distance of 567.054 meters (1860.41 feet), which point is left 12.963
meters (42.53 feet) from and at a right angle to survey control line station
04+348.598;
4.
THENCE soum 30039' 53" East, departing said proposed right-of-way line with
said common line a distance of3.889 meters (12.76 feet) to a 12.7 mm (1/2") rebar
with a Castella & Assoc. plastic cap set for the most easterly comer of this parcel, on
the aforementioned existing right-of-way line of Lower Seguin Road at the common
comer of the aforementioned 14.302 hectare (35.34 acre) tract and said 5.471 hectare
(13.52 acre) tract ofland;
5.
THENCE soum 590 20' 08." West, along said existing right-of-way line a distance
of251.377 meters (824.73 feet) to the POINT OF BEGINNING and containing
0.082 of one hectare (0.201 of one acre) ofland more or less.
The basis of bearing recited herein is based on The Texas Department of Transportation State Plane
Coordinate datwn. This description was prepared from a survey made on the ground by employees
ofW. F. Castella & Assoc.! Inc. There is a plat of survey with even survey date.
4ft 4 1L
Michael Haberer, RPLS# 2501
NOTE: English units are provided for information only.
Page 2 0[2
CAUSE NO.
CITY OF SCHERTZ, TEXAS
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TH JUDICIAL DISTRICT
IN THE DISTRICT COURT
VS.
CHARLES E. HILLERT
BEXAR 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 Charles E. Hillert, 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
Bexar County, Texas. Defendant may be served at Rt. 1, Box 226, Converse, Texas 78154.
II.
Plaintiff is engaged in the establishment, location, construction, maintenance and widening
of a street and utility right-of-way, Lower Seguin Road. In accordance with the laws and statutes of
this State, including Section 251.001 ofthe 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
the governing body ofthe Plaintiff considers advisable. By reason thereof, Plaintiff is affected with
a public interest and use under the statutes and laws of the State of Texas.
205097
III.
Plaintiff is now engaged in the location, construction and widening of a street and utility
right-of-way in Bexar County, Texas. In connection with the street and utility right-of-way, Lower
Seguin Road, 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 ofland (hereinafter called the "Property"), together with
all improvements thereon, in Bexar 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 ofthe 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 been refused and any further attempt by Plaintiff to agree with Defendant would be
205097
2
futile, and Plaintiffhas no recourse but to seek condemnation ofthe 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.
By:
Jeffrey L. Bryan
State Bar No. 00796266
300 Convent Street, Suite 2200
San Antonio, Texas 78205
Telephone: (210) 270-7151
Facsimile: (210) 270-7205
Attorney for the City of Schertz
205097
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FULBRIGHT & JAWORSKI L.L.P.
TELEPHONE: 210/224-5575
FACSIMILE: 210/270-7205
A REGISTERED LIMITED LIABILITY PARTNERSHIP
300 CONVENT STREET, SUITE 2200
SAN ANTONIO, TEXAS 7B205
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WRITER'S INTERNET ADDRESS:
jbryan@fulbright.com
WRITER'S DIRECT DIAL NUMBER:
210/270-7151
June 5, 2002
Via First Class Mail
Re: Lopez and Hillert Resolutions
Mr. Dewey Cashwell
City Manager
City of Schertz, Texas
1400 Schertz Parkway
P. O. Drawer 1
Schertz, Texas 78154
Dear Mr. Cashwell:
Enclosed please find City Council resolutions authorizing condemnation actions with respect
to the Hillert and Lopez properties. Once proper notice has been issued and these have been
approved, I would appreciate you returning signed copies to me at your convenience. For your
information, we are in the process of updating the title searches that were originally done on these
properties some time ago. We expect a response to these inquiries shortly.
Also, I have enclosed separate drafts of the condemnation petitions that we propose to file
with respect to the Hillert and Lopez properties. I would appreciate it if the City would review these
petitions to make sure that the information contained therein, such as the address of the landowners
and the legal description ofthe property to be condemned, is accurate. Please contact me with any
revisions that need to be made.
Finally, we had previously sent to you drafts of final offer letters with copies ofthe appraisals
to be sent to the landowners with respect to these properties. Our office received copies ofthe final
offer letters sent out by the City to the landowners. These copies reflect that only the first two pages
of the appraisals were attached to the final offer letters. However,!h~ rel~vant statute requires that
full copies ofthe appraisals be sent. Therefore, we would appreciate it if you or someone else at the
City could send to Mr. liiIlert a~d Ms. Lopez complete copies of the appraisals that we had
previously sent to you. It would be wise to send the appraisal via certified mail or by hand delivery
so that we could have some proof of receipt. Also, the transmittal letter, should you chose to send
one, would need to say no more than something along the lines of the following: "Enclosed please
find a copy of the City's appraisal of your property." If you need additional copies of the entire
appraisal, we would be happy to send them to you. I apologize for any confusion created by my
original letter sending over these appraisals.
June 5, 2002
Page 2
Should you have any questions or concerns about the enclosed, please do not hesitate to
contact me. I look forward to your response.
Very truly yours,
J~~~~
JLB
Enclosures
cc: Ms. Norma Althouse
City Secretary
City of Schertz, Texas
1400 Schertz Parkway
P. O. Drawer 1
Schertz, Texas 78154
w/enc1osures
Mr. Ron Youngblood
City Planner
City of Schertz, Texas
1400 Schertz Parkway
P. O. Drawer 1
Schertz, Texas 78154
w/out enclosures
Mr. Michael Spain (Firm)
w/out enclosures