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2001R38- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENT Resolution No. 01-R-38 RESOLUTION AUTHORIZING CERTAIN ACTIONS INCLUDING PROCEEDINGS IN EMINENT DOMAIN IN CONNECTION WITH THE ACQUISITION OF CERTAIN WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS IN GONZA LES AND GUADALUPE COUNTIES AND RELATED MATTERS WHEREAS, the City of Schertz, Texas (the "City") has previously found and detern1ined 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: I:-.ITERNAL TRACT LA:'\DOW:-.IER COUNTY SURVEY John Gannon, Inc. Guadalupe A. S. Lewis Jake R. Wells, et ux. Guadalupe A. S. Lewis KEEB II, Inc., a Texas Guadalupe G. Malpaz Corporation Mission Drive Investment, Guadalupe G. Malpaz Ltd., a Texas Limited Partnership Austofield Partners No. I, Guadalupe G. MaIpaz Ltd., et aI. GU-140A&C GU-147AAA GU-147L GU-147M GU-156 ABSTRACT ACRES OWNED A-216 2.795 A-216 6.920 A-221 1.067 A-22l 13.653 A-22l 41.4 I 8 and more fully described in Exhibits "A" through "E", 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: RESOLUTION (SCHERTZ - 11/20/01) Page 1 of 3 SECTION I: 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 SURVEY John Gannon, Inc. Guadalupe A. s. Lewis Jake R. Wells, et ux. Guadalupe A. s. Lewis KEEB II, Inc., a Texas Guadalupe G. Malpaz Corporation Mission Drive Investment, Guadalupe G. Malpaz Ltd., a Texas Limited Partnership Austofield Partners No. I, Guadalupe G. Malpaz Ltd., et al. GU-140A & C GU-147AAA GU-147L GU-147M GU-156 ABSTRACT ACRES OWNED A-216 2.795 A-216 6.920 A-221 1.067 A-221 13.653 A-221 41.418 more fully described in Exhibits "A" through "E" 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 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. RESOLUTION (SCHERTZ - 11/20/01) Page 2 of3 SECTION 5: If any provlSlons, 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. 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 ~Cih day of th YC nl h ~ yo , 2001. ~ . Mayor City of Schertz, Texas ATTEST: //t~~~~ ~it~ Secreta#, City of Schertz, Texas RESOLUTION (SCHERTZ - 11/20/01) Page 3 of3 Exhibit "A" STATE OF TEXAS COUNTY OF GUADALUPE ]ohn Gannon, Inc. GU-140A & C Fields notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 2.390 acre tract ofIand and a 0.405 acre tract of land conveyed from William Henry Brinkmeyer and Margaret Warren Brinkmeyer to John Gannon Inc. by Warranty Deed dated May 18,2000, and recorded in Volume 1516, Page 703, of the Official Deed Records of Guadalupe County, Texas; Said pipeline easement is comprised ofa portion of the A.S. Lewis Survey No. 78, Abstract 216, City ofCibolo, Guadalupe County, Texas and is described by metes and bmmds as follows; Permanent Easement I Beginning at the north end of this easement centerline, said end point being on the north boundary line of said 2.390 acre tract, the same being the south right-of-way line of Pfeil Road, and bearing N 840 05' 39" E, 16.18 feet, from the northwest comer of said 2.390 acre tract; Thence with this easement centerline, S 16008' 16" W, 37.78 feet, to a turning point; Thence with this easement centerline along a curve to the right, having a control angle of 4049' 41", a radius of 1497.70 feet, a chord bearing ofS 690 45' 33" E, a length of 126.20 feet; Thence S 670 20' 42" E, 382.08 feet, to the east end of this centerline, said end point bearing N 300 54' 41" E, 15.16 feet, from the south comer of said 2.390 acre tract, said comer being on the north right-of-way line of Highway 78. Permanent Easement 2 Beginning at the west end of this easement centerline, said end point being on the northwest boundary of said 0.405 acre tract and bearing N 300 43' 25" E, 15.17 feet, from the west comer of said 0.405 acre tract, said comer being on the north right-of-way line of Highway 78; Thence S 670 20' 42" E with this easement centerline, 222.96 feet, to the east end point of this easement centerline, said end point being on the southeast boundary of this tract and bearing N 590 38' 25" E, 19.14 feet from the south corner of this tract, said corner being on the north right-of-way line of Highway 78. Temporary Easement 1 Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the north boundaries of the above described thirty foot wide pipeline easements as shown on Exhibit B and the outer boundaries of said temporary work easements being more particularly described by metes and bounds as follows: Beginning at a point being the intersection of the north line of said 2.390 acre tract with the northeast limits of this 50 foot wide temporary work easement, said point bearing N 840 05' 39" E, 64.97 feet, from the centerline and point of beginning of permanent easement I; Thence S 670 20' 42" E with the northeast limits of this 50 foot wide temporary work easement, and running 65 feet northeast of and parallel to the centerline of permanent easement 1,391.51 feet, to the intersection of the northeast limits of this temporary work easement with the southeast line of said 2.390 acre tract, and said intersection point bearing N 300 54' 41" E, 65.68 feet, from the centerline and end point of permanent easement 1. Temporary Easement 2 Beginning at a point being the intersection of the northwest boundary of said 0.405 acre tract with the northeast limits of this 50 foot wide temporary work easement, said point bearing N 300 43' 25" E, 65.65 feet, from the centerline and point of beginning of permanent easement 2; Thence S 670 20' 42" E with the northeast limits of this 50 foot wide temporary work easement and running 65 feet northeast of and parallel to the centerline of permanent easement 2, 109.03 feet, to the intersection of the northeast limits of this temporary work easement with the northeast boundary of said 0.405 acre tract, and said intersection point bearing N 400 56' 35" W, 124.88 feet, from the intersection of the northeast boundary of said 0.405 acre tract with the northeast boundary of said 30 foot permanent easement 2. Easement I Length = 546.06 feet Permanent Easement I Acreage = 0.38 acres Temporary Easement I Acreage = 0.55 acres Easement 2 Length = 222.96 feet Permanent Easement 2 Acreage = 0.15 acres Temporary Easement 2 Acreage = 0.20 acres " Il Ii EXI-Ill3lt 1\ ~ fa.y- \ 1> 2- NORTHWEST CORNER OF 2.390 ACRE TRACT \ A. S. LEWIS A-216 ~=2.41'16" R=1562.70' L=73.31, T=36.66' 50' TEMPORARY CONSTRUCTION EASEMENT (TYPICAL) PFEIL ROAD END OF PIPELINE EASEMENT 1 P.O.B. PIPELINE EASEMENT 2 II 30' PERMANENT EASEMENT 1 S ...... ......6)020' ...... 42" ............f' ...... N 84.05'39" E 16.18' JOHN GANNON, INC. TRACT II 2.390 ACRES V-1516, P-703, DRGuCT TRACT III 0.405 ACRES V-1516, P-703, DRGuCT II 30' PERMANENT N 30.43'25" E EASEMENT 2 S'\, 15.17' SOUTH CORNER OF ~~V- 0.405 ACRE TRACT , " N 59.3825 E 19.14' END OF PIPELINE EASEMENT 2 S 59.38'25" W 11.86' 8 N " Z I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL o LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY '" STATE THAT THIS IS A CORRECT PLAT OF A SURVEY PERMANENT EASEMENT 1 CENTERLINE LENGTH=546.06 FEET ~ MADE ON THE GROUND UNDER MY DIRECTION. PERMANENT EASEMENT 1 ACREAGE=O.38 ACRES ~ TEMPORARY EASEMENT 1 ACREAGE=0.55 ACRES u ~ o ~ ::> " ..;: ;; a: ;' ... . " ;' '" o .., o '" ;' '" '" '" ~ .;;- $ DES " ~ CHK '" ;' .; PERMANENT EASEMENT 2 CENTERLINE LENGTH=222.96 FEET PERMANENT EASEMENT 2 ACREAGE=0.15 ACRES TEMPORARY EASEMENT 2 ACREAGE=0.20 ACRES 100 50 0 ~ ~,&€~ 100 I SCALE IN FEET 8jJ] SHINf.R MOSELEY AND ASSOCIATES. INC. ENGINEERS a. CONSULTANTS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT DRAWING No. '''Narlbc..-..5_ 5_.650 CoIpIII CIIrisIi. T.... 7..11 GU 140A&CPL T GUADALUPE COUNTY SCAlE GRAPHIC TEXAS SHEETGU140A, GU140C t1.//-I/3// "If" f'r- .L i 2- Exhibit "A" STATE OF TEXAS COUNTY OF GUADALUPE Jake R. WelIs, et ux GU-147AAA Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 6.92 acre tract of land conveyed from Michael Shands to Jake R. Wells and wife, Nancy C. Wells by Warranty Deed, dated December 15, 1992 and recorded in Volume 1019, Page 483 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the A. S. Lewis Survey, Abstract 216, is situated in the City of Cibolo, Guadalupe County, Texas, and is described by metes and bounds as folIows: Beginning at a point in the west line of said 6.92 acre tract for the west end of this easement, whence the southwest comer of said 6.92 acre tract, being on the north right-of-way line of a Southern Pacific Railroad, bears S 060 13' 31" E, a distance of 50.00 feet; Thence in an easterly direction with the centerline of said easement, as folIows: N 830 58' 29" E, N 760 42' 52" E, S 69023' 07" E, 364.08 feet; 158.75 feet; 6.36 feet; to a point in the east line of said 6.92 acre tract for the east end of this easement, said end point being on the west right-of-way line of FM 1103 and from whence the southeast corner of said 6.92 acre tract on the north right-of-way line of said railroad bears S 200 29' 30" W, a distance of75.11 feet; AdditionalIy, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the north boundary as shown on Exhibit B of the above described thirty foot wide pipeline easement. Permanent Easement Centerline Length = 529.19 feet Permanent Easement Acreage = 0.36 acres Temporary Easement Acreage = 0.61 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct descriptign of an actual survey made on the ground, this the 12th day of June, 2001. ,- ogM:,o, gistration No. 4229 ""1:t~ \>:~~.?':.r~ ~:. .~~.G\~ I: ;'~d~J) . :~~P:~~~: ~~.~~~g~~:~ \\;:~.:~o 4229 .\",,:.~, ~ ""fA.". .../-....,\0....'...../ . "" . .~. . -l." ~:~G U R'~ 'i~..~/,:/ ~~.:r:~(.> gXII/IJ / -r"13'f P'o/ I,;l Ex fI / IJ rr "f!/( (ff- ~ ~ .1 S 69'23'07" E 50' TEMPORARY CONSTRUCTlOj 6.36' EASEMENT _ _ _ _ _ ~ P.O.B. PIPELINE _ - - - EASEMENT _ _ - - - - - - -------- '"i';{l t.- ~ _ _~ 16 _ . j. _ - - - - - - ~ 815' - -:::- <::l _ _ _ -N 83.58'29" E- - ---::. - _'5 . /!2'-;; - - =-36'4.08'- ------ /~ '" f I SCHNEIDER DRIVE A. S. LEWIS A-216 ~U-147~ JAKE R. WELLS, ET UX 6.92 ACRES V-1019, P-483, ORGuCT i L-~ SOU1'HERN PACIfiC RAILROAD SOUTHWEST CORNER OF 6.92 ACRE TRACT b S06"13'31"E ~ 50.00' Q, .., on ,:.: ... ~ €. '" '- lD o ~ 30' PERMANENT EASEMENT SOUTHEAST CORNER OF 6,92 ACRE TRACT '" . i ... :; 5!- .. i Q, '" '" . i o '" '" '" '" '" ;:- II u " .f ~ DES " ~ CHK II> '" -'; PERMANENT EASEMENT CENTERLINE LENGTH=529,19 FEET PERMANENT EASEMENT ACREAGE=0.36 ACRES TEMPORARY EASEMENT ACREAGE=0.61 ACRES ~/# t/ PLS #4229 100 50 0 100 ~ I SCALE IN FEET 5UJ SHINER MOSELEY AND ASSOCIA11!S. (Ne. ENGINEERS'" CONSULTANTS SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT 55S North c.z-c.bua Street,. Suite 1650 eorpu. <::brUti. Tau 7147. GUADALUPE COUNTY SCAlE GRAPHIC TEXAS GU147ft.M DRAWING No. SHEET GU147ft.MPLT Exhibit "A" STATE OF TEXAS COUNTY OF GUADALUPE KEEB II, Inc., a Texas Corporation GU-147L Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 1.067 acre tract ofland described in Deed of Trust, dated April 21, 1997 and recorded in Volume 1264, Page 863 of the Deed of Trust Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the G. Malpaz Survey, Abstract 221, is situated in Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the southeast line of said 1.067 acre tract for the southeast end of this easement, whence the east comer of said 1.067 acre tract bears N 590 18' 59" E, a distance of 15.00 feet; Thence in a northwesterly direction with the centerline of said easement, N 300 27' 07" W, 135.00 feet, to a point in the northwest line of said 1.067 acre tract for the northwest end of this easement, whence the north comer of said 1.067 acre tract bears N 59018' 59" E, a distance of 15.00 feet; Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the southwest boundary as shown on Exhibit B of the above described thirty foot wide pipeline easement. Permanent Easement Centerline Length = 135.00 feet Permanent Easement Acreage = 0.09 acres Temporary Easement Acreage = 0.15 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the ground, this the 12th day of June, 200 I. ~,~ ~~tion No. 4229 6tH / /311 \\C 't ~~ I 1 .1 f ~ N 59'18'59" E 15.00' END OF PIPELINE EASEMENT NORTH CORNER OF 1.067 ACRE TRACT (GU-147L) EAST CORNER OF \ \ 1.067 ACRE TRACT \ \ ~-1-'b' ~ \~ ::;.\. \ \lta 0, \ ~. -f<. \ \.,..A ~ 30' P'rnMANENT ~ \ EASEMENT \ \ SO' TEMPORARY CONSTRUCTlON X EASEMENT KEEB II, INC. 1.067 ACRES V-1264, P-863, DOTRGuCT P.O.B. PIPELINE EASEMENT N 59'18'59" E 15.00' G. MALPAZ A-221 b <..l :z ll. CD o Iii ~ o '" . ." :i ~ .... ... 5 " ,.- " '0 iL ,.- '" UlhtJ/rL?"f ~or- :L 1,2 i ,.- ." ~ CIl ,.- .:; o ;:.. I, GEORGE F.UBALCABA, A REGISTERED PROFESSIONAL ~ LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY o STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. PERMANENT EASEMENT CENTERLINE LENGTH=135.00 FEET PERMANENT EASEMENT ACREAGE=0.09 ACRES TEMPORARY EASEMENT ACREAGE=0.15 ACRES ~lfil!Mft 60 30 0 ~ 60 , SCALE IN FEET DRN DEG DATE 06/01 EWJ SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION DES DATE SHINER MOSELE't AND ASSOCIATES. INC. EXHIBIT B ENGINEERS" CONSULTANTS PIPELINE EASEMENT CHK ", North c.r..c.hua Strwt. Sui.. 1650 GUADALUPE COUNTY TEXAS Corpus Cbriati, T.... 71478 SMA JOB No. 90308 DRAWING No. GU147LPLT SCALE GRAPHIC SHEET GU147L Exhibit "A" STATE OF TEXAS COUNTY OF GUADALUPE Mission Drive Investment, Ltd., a Texas Limited Partnership GU-147M Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 13.653 acre tract conveyed from Braclzoil, Inc. to Mission Drive Investments, Ltd. by Warranty deed, dated June 17, 1998, and recorded in Volume 1351, Page 135, of the Official Records of Guadalupe County, Texas, save and except Tracts I and II recorded in Volume 1516, Page 663, Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the G. Malpaz Survey, Abstract 221, is situated in Guadalupe County, Texas, and is described by metes and bounds as follows: Beginning at a point in the southeast line of said 13.653 acre tract for the southeast end of this easement, whence the inside comer of said 13.653 acre tract bears N 590 IS' 59" E, a distance of 15.00 feet; Thence in a northwesterly direction with the centerline of said easement, N 300 27' 07" W, 60.58 feet, to a comer; Thence S 590 18' 59" W with the centerline of this easement, 329.00 feet, to a point in the southwest line of said 13.653 acre tract, th~ same being the northeast right-of-way line of F.M. 3009, for the west end of this easement and from whence the westmost, southwest comer of said 13.653 acre tract bearing S 300 23' 06" E, a distance of 60.58 feet; Additionally, a temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the south and southwest boundaries as shown on Exhibit B of the above described thirty foot wide pipeline easement. Permanent Easement Centerline Length = 389.58 feet Permanent Easement Acreage = 0.27 acres Temporary Easement Acreage = 0.33 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the ground, this the 5th day of July, 2001. ... ~~~, T~~~~on No. 4229 eXI-I/& (1 'V" far- /1 J- al';l~/7'V'( ifar- J- J'r2- i ~ (GU-147M) MISSION DRIVE INVESTMENT, LTD. 13.653 ACRES V-1351, P-135. ORGuCT SAVE &: EXCEPT TRACTS I &: /I V-1516, P-663, ORGuCT INSIDE CORNER OF 13.653 ACRE TRACT /'''\ /' \ ~ 30' PERMANENT /' /' /' /,,\"1- \ EASEMENT ~ /' \~ \ /' ,/ ./\dO\~.\ /' /' \.~ ~.\ /' /' /' \~. /' /' 4:- /' /' /' \ /' /' /'-;'~./ /' /'i'Jf:!J/ /'/' /'~~'\/' Ri /'/' /'/'7....'}..f:!J$:!/' END OF PIPEUNE /' oJ /' EASEMENT /' /' /' /' ~ /'//' /' /'/'/' .~. /' /' /' /' /'/' ,/ /'/' /' /' . U' /'/' \ db ~. .& ~ ~. . '. <'^ N 59'18'59" E 15.00' TEMPORARY CONSTRUCTION EASEMENT G. MALPAZ A-221 WESTMOST SOUTHWEST CORNER OF 13.653 ACRE TRACT l5 u 2 l1. on N on ~ N o ~ g: I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL ;::. lAND . SURVEYOR IN THE STATE OF TEXAS. HEREBY o STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. .zj'~~~.... .4 OF i~~ ft;:<''J-<i,~.'''' .~.I" ,t. i".' (;\:; T e~~. .''10> v".. <. ~ O. i0' ~- '. /,") . . . . . ,J ~.~'o'r:r,~' RUB^lC",~A ~.'?:.: .':~;-..' 'g" '~.' 0-, ',~,\> ~ ....;.. '(d'. SS\~. ~,1 ..... ... . ... ~ 2 ,... ~ :; " ..- .:l o iL ..- ... . J- ., g o " ..- 00 00 00 ~ ~ DRN DEG .e ~ DES '0 i CHK ~ -'; PERMANENT EASEMENT CENTERUNE LENGTH=389.58 FEET PERMANENT EASEMENT ACREAGE=0.27 ACRES TEMPORARY EASEMENT ACREAGE=0.33 ACRES 60 .30 0 ~ 60 I SCALE IN FEET f:5l:U SHINI!Jt Mosl!LI!Y AND ASSOCIAT1!S, INe. ENGINEEItS .. CONSULTANTS DATE 07/01 SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT DATE '''N_~~8_1650 CoIpuo c:::bddI. T_ 78478 GUADALUPE COUNTY SCALE GRAPHIC TEXAS GU147M DRAWING No. SHEET GU147MPLT Exhibit "A" STATE OF TEXAS COUNTY OF GUADALUPE Austofield Partners No. I, Ltd., et al GU-156 Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a 41.418 acre tract ofland conveyed from Chase Leasing Co., Inc. to Austofie1d Partners No. I, Ltd., et al by Special Warranty Deed, dated July 31,2000 and recorded in Volume 1535, Page 19 of the Official Records of Guadalupe County, Texas; Said pipeline easement is comprised of a portion of the G. Malpaz Survey, Abstract 221, is situated in the City of Schertz, Guadalupe County, Texas, and is described by metes and bounds as follows; Begil'!iing at a point in the southwest line of said 41.418 acre tract for the southwest end of this easement, whence the west corner of said 41.418 acre tract, being on the south right-of-way line of Elbel Road, bears N 300 34' 57" W, a distance of 511.31 fect, N 280 17' 16" W, a distance of 14.88 feet; Thence N 590 27' 43" E with the centerline of said easement a distance of705.91 feet to a point in the northeast line of said 41.418 acre tract for the northeast end of this easement, whence the north comer of said 41.418 acre tract bears N 30' 33' 02" W, a distance of456.01 feet, N 300 33' 02" W, a distance of 19.98 feet, N 300 32' 35" W, a distance of25.30 feet; Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline, said temporary work easement abutting the northwest boundary as shown on Exhibit B of the above described thirty foot wide pipeline easement. Permanent Easement Centerline Length = 705.91 feet Permanent Easement Acreage = 0.49 acres Temporary Easement Acreage = 0.81 acres I, George Rubalcaba, Registered Professional Land Surveyor of Texas, do hereby state that this is a true and correct description of an actual survey made on the ground, this the 5th day of March, 2001. R "," ~~, xas Registration No. 4229 8#10/1 '\E/t fT I 1 )., NORTH CORNER OF 41.418 ACRE TRACT N30'32'35"W 25.30' N30'33'02"W 19.98' i I WEST CORNER OF 41.418 ACRE TRACT r ." ~ co "' ~ o n: ./ '" . ." ./ III o ZIt' ! 0> 0> ::;. ~ DRN DEG of' ~ DES ." ! CHK (I) ./ -'; -/ -/ ;' P.O.B. PIP:::L1NE EASEMENT N28.17'16"W 14.88' t 30' PERMANENT EASEMENT gXII/1J11 f11-' ':U'b .2. ~ ~'/' '/' /' .~ '/' /' ~/~ /' ~ ~./' ~~/~. /' '/' /' /' 50' TEMPORARY CONSTRUCTION EASEMENT C GU-156) AUSTOAELD PARTNERS NO. I, LTD., ET AL 41.418 ACRES V-1535, P-19, ORGuCT G. MALPAZ A-221 I;; u ~ co '" ,:.: ... .;; o ~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL ~ LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY o STATE THAT THIS IS A CORRECT PLAT OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION. SMA PERMANENT EASEMENT CENTERUNE LENGTH=705.91 FEET PERMANENT EASEMENT ACREAGE=0.49 ACRES TEMPORARY EASEMENT ACREAGE=O,81 ACRES I~t!:! 8lll 200 100 0 ~ SCALE IN FEET 200 I SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION EXHIBIT B PIPELINE EASEMENT SHINER MOSELEY AND AssoclATI!S. INC. I!HGINEI!RS .. CONSULTANTS "5 North ~ S.... Sun. 1650 eo.p. CIldotI, T_ '1471 GUADALUPE COUNTY SCALE GRAPHIC TEXAS DRAWING No. SHEET GU156PLT GU156