2001R37- WATERLINE AND TELPORARY CONSTRUCTION EASEMENTS
Res61ution No. OI-R-37
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 LANDOWNER ~ ~ ABSTRACT ACRES
TRACT OWNED
GU-69 Lena Hoermann Guadalupe Hugh M. Swift A-288 145.000
Jess R. Hoermann and
Sharon J. Hoermann
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 LANDOWNER COUNTY SURVEY ABSTRACT
~
GU-69 Lena Hoermann Guadalupe Hugh M. Swift A-288
Jess R. Hoermann and
Sharon J. Hoermann
ACRES
~
145.000
RESOLUTION
(SCHERTZ - 11/06/01)
Page 1 of3
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
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.
RESOLUTION
(SCHERTZ - 11106/01)
Page 2 of 3
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
:th}l~
Mayor
City of Schertz, Texas
2001.
ATTEST:
4~~.tL/ (]fL4~
City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 11/06/01)
Page 3 of 3
Exhibit "A"
Lena Hoermann,
Jess R. Hoermann and
SharonJ. Hoermann
ST ATE OF TEXAS
COUNTY OF GUADALUPE
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
145.00 acre tract of land conveyed from William Haug, et ai, to Albert C. Hoermann by Deed, dated
December 17, 1940, and recorded in Volume 191, Page 396 of Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Hugh M. Swift Survey, Abstract 288, is
situated in Guadalupe County, Texas, approximately 5 miles southwest of the town of Seguin and is
described by metes and bounds as follows:
Beginning at a point in the west line of said 145.00 acre tract for the northwest end of this
easement, whence the southwest corner of said 145.00 acre tract bears S 230 53' 51" E, a distance of
1719.68 feet;
Thence in an easterly, to southeasterly direction with the centerline of said easement and running
40.00 feet northeast of and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded
in Volume 1170, Page 707, Deed Records of Guadalupe County, Texas, as follows:
N 660 01' 03" E,
N 670 03' 38" E,
N 770 45' 13" E,
N 890 21' 32" E,
S 79001' 59"E,
S 670 25' 28" E,
S 550 49' 07" E,
S 550 54' 37" E,
121.55 feet;
37.07 feet;
47.95 feet;
48.27 feet;
48.27 feet;
48.27 feet;
1286.80 feet;
645.06 feet
to a point in the south line of said 145.00 acre tract, for the southeast end of this easement, whence the
southwest corner of said 145.00 acre tract bears S 660 34' 57" W, a distance of 1345.10 feet.
Additionally, a temporary work easement, for the purpose of construction of a water pipeline, 50 feet in
width, the field notes description of said temporary easement being the same as the above mentioned fifty-
foot wide permanent easement granted to TECO Pipeline Company.
Easement Length = 2283.24 feet
Permanent Easement Acreage = 1.57 acres
Temporary Easement Acreage = 2.54 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 31st day of August, 2000.
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MEMO
TO:
Mary Ybarra
City of Schertz
FROM:
Naomi Manski
Assistant to the City Manager
City of Seguin
DATE:
November 2,2001
Please place the following item on the November 6, 2001 City of Schertz Council
agenda. The resolution will be hand delivered to you either Friday afternoon or Monday.
The resolution will not be ready to go out in your packet, please make sure that it is
handed out at the meeting. Thanks for your help.
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 MA TIERS.
INTERNAL
TRACT
LANDOWNER
COUNTY
SURVEY ABSTRACT
ACRES
OWNED
GU-69
Lena Hoermann
Jess R. Hoermann and
Sharon 1. Hoermann
Guadalupe
Hugh M. Swift A-288
145.000
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