2001R28- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
~SO/"h"h /J1,: 01- If -t7~
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 COUNTY ~ ABSTRACT ACRES
TRACT OWNED
GU-107A Koch Refining Company Guadalupe Claiborn Rector A-270 10.87
GU-140 Edward H. Ling Guadalupe A. S. Lewis A-216 16.615
GU-125, 126 Clayton L. Stolte Guadalupe J.N. DeLos Cortinas A-90 29.14
GU-147AA Darrell E. Godfredson, Jr. Guadalupe A. S. Lewis A-216 4.1782
GU-147D Rosie R. Gutierrez & Henry Guadalupe G. Malpaz A-221 61.222
Gutierrez, Jr., Independent
Co-Administrators of the
Estate of Henry Gutierrez,
deceased
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:
SECTION 1: Public necessity requires that the City of Schertz acquire certain
water pipeline easements and temporary construction easements in connection therewith,
RESOLUTION
(SCHERTZ - 09/04/01)
Page 1 of3
over, across, upon and under certain privately owned real properties In Guadalupe
County, Texas, to wit:
INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES
TRACT OWNED
GU-107A Koch Refining Company Guadalupe Claiborn Rector A-270 10.87
GU-140 Edward H. Ling Guadalupe A. S. Lewis A-216 16.615
GU-125, 126 Clayton L. Stolte Guadalupe J.N. DeLos Cortinas A-90 29.14
GU-147AA Darrell E. Godfredson, Jr. Guadalupe A. S. Lewis A-216 4.1782
GU-147D Rosie R. Gutierrez & Henry Guadalupe G. Malpaz A-221 61.222
Gutierrez, Jr., Independent
Co-Administrators of the
Estate of Henry Gutierrez,
deceased
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.
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
RESOLUTION
(SCHERTZ - 09/04/01)
Page 2 of 3
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 ofthe 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 '1ft,
, 2001.
Mayor
City of Schertz, Texas
Ikrd-,
ATTEST:
0..P'~~ /II. ~JA..i..If~
City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 09/04/01)
Page 3 00
STATE OF TEXAS
COUNTY OF GUADALUPE
Koch Refming Company
GU-I07A
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Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
10.87 acre tract of land conveyed from Doyle Gandy and Hazel J. Gandy to Koch Refming Company by
Warranty Deed dated August 10, 1989 and recorded in Volume 892, Page 845 of the Official Records of
Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Claiborn Rector Survey, Abstract 270, is
situated in Guadalupe County, Texas, and is described by metes and bounds as follows:
Beginning at a point in the southwest line of said 10.87 acre tract for the southwest end of this
easement, whence the west comer of said 10.87 acre tract bears N 280 22' 49" W, a distance of 195.43 feet;
Thence in a northeasterly direction with the centerline of said easement and running thirty feet
south of and parallel to an existing Koch pipeline as follows:
N 600 45' 43" E,
N 60. 26' 22" E,
11.81 feet;
442.24 feet,
to a point in the easternmost, northeast line of said 10.87 acre tract for the northeast end of this easement,
whence the east comer of said 10.87 acre tract bears S 380 05' 01" E, a distance of231.08 feet.
Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline,
said temporary work easement abutting the north boundary of the above described thirty foot wide pipeline
euement.
Easement Length - 454.05 feet
Pennanent Easement Acreage = 0.31 acres
Temporary Easement Acreage = 0.51 acres
i{: EXHIBIT "A"
PAGE 1 OF 2
CLAIBORN RECTOR
A-270
(GU-l07A)
KOCH REFINING COMPANY
10.87 ACRES
V-892, P-845, ORGuCT
P.O.B. PIPEllNE
rASEMENT
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EAST CORNER OF
10.87 ACRE TF'ACT
PERMANENT rASEMENT CENTERUNE LENGTH=454.05 FEET
PERMANENT rASEMENT ACREAGE=0.31 ACRES
TEMPORARY rASEMENT ACREAGE=0.51 ACRES
100 50 0 100
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DAlE 01/01
DATE
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SHIMD MOSELIY AND AssocJATllS, 1He.
IlHGIMIlllIlS & CONSULTANTS
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OoIpuoCllrtod. T_7M7I
DRAWING No.
GU107APLT
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCALE GRAPHIC
SCALE IN FEET
TEXAS
SHEET
GU107A
EXHIBIT "A',1
PAGE 2 OF 2
STATE OF TEXAS
COUNTY OF GUADALUPE
Edward H. Ling
GU.140
Field notes of the centerline of a pipeline easement 30 feet in width, being on, Tmder and across a
16.615 acre tmct ofland conveyed from Veterans Land Board ofTexas to Edward H. Ling by Contract of
Sale and Purcbase, dated July 11, 1968 and recorded in Volume 410, Page 581 of the Deed Records of
Guadalupe ~, Texas, save and except 0.392 acres recorded in Volume 870, Page 234, 0.681 acres
recorded in Volume 1280, Page 217. All recorded in the Official Records of Guadalupe County, Texas,
leaving a net acreage of 15.542 acres.
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 follows:
Beginning at a point in the north line of said net 15.542 acre tract for the north end of this
easement, whence the northwest comer of said net 15.542 acre tract bears N 670 16' 28" W. a distance of
15.13 feet;
Thence in a southerly and easterly direction with the centerline of said easement, as follows:
S 15020' 20" W,
S 720 54' 12" E,
S 540 35' 29" E,
868.84 feet;
342.99 feet;
152.84 feet,
to a point in the southeast line of said Net 15.542 acre tract for the southeast end of this easement, whence
the east comer of said 16.615 acre tract bears N 59" 09' 02" E. a distance of 542.03 feet;
Additional1y, a 50 foot wide temporaIy work easement, for the purpose of constroction of a water pipeline,
said tempomy work. easement abutting the north and east boundaries of the above described thirty foot
wide pipeline easement as shown on Exhibit B.
Permanent Ea$f!ment Centerline Leugth = 1369.67 feet
PeIDI8DeIIl Easement Acreage = 0.94 acres
TemporaIy Easement Acreage = 1.36 acres
I, George Rubalcaba, Registered Professional Land Smveyor of Texas, do hereby state that this is a troe
and correct description of an actual survey made on the ground, this the 7'" of June, 200 1.
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EXHIBIT "B"
PAGE 1 OF 2
NO~EST CORNER OF
NET 15.542 ACRE TRACT
N 6716'28- W
15.13'
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S 54'35'29- E
157.84'
WILLIAM BRACKIN
A-57
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~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
co LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
'8 STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTION.
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SCALE IN FEET
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5_ MosBU:Y' AND AssocIAns. INC.
ENGINBIlRS &CONSULTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
"S_~__IUO
eor,.. CIIIUII. T_ 1M7I
TEXAS
GUADALUPE COUNlY
SCAlE GRAPHIC
SHEET
DRAWING No.
GU140
GU140PLT
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EXHIBIT liB."
PAGE 2 OF 2~
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STATE OF TEXAS
COUNTY OF GUADALUPE
Clayton L. Stolte
GU-125, 126
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
29.14 acre tract of land and a 5.09 acre tract of land conveyed from Jackie L. Stolte to Clayton L. Stolte by
Special Warranty Deed dated June 14, 1993 and recorded in Volwne 1059, Page 958 of the Official
Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the J. N. De Los Cortinas Survey, Abstract 90
and Jeronimo Leal Survey, Abstract 210, is situated in Guadalupe County, Texas, and is described by metes
and bounds as follows:
Beginning at a point in the northwest line of said 5.09 acre tract for the northwest end of this
easement, whence the west comer of said 8.00 acre tract bears S 590 25' 03" W, a distance of 473.38 feet;
Thence in a northeasterly direction with the centerline of said easement as follows:
N 810 40' 45" E,
S31002'57"E,
N 590 24' 15" E,
1027.79 feet;
580.20 feet;
15.00 feet,
to a point in the northeast line of said 29.14 acre tract for the southeast end of this easement, whence the
east comer oisaid 29.14 acre tract bears S 310 02' 57" E, a distance of 15.00 feet,
Additionally, a SO foot wide temporary work casement, for the purpose of construction of a water pipeline,
said temporary wone easement abutting the south boundary of the above described thirty foot wide pipeline
easement.
Easement Length = 1622.99 feet
Pennanent Easement Acreage = 1.12 acres
Temporary Easement Acreage = 1.85 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 4th day of December, 2000.
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EXHIBIT "e"
PAGE 1 OF 2
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JERONIMO LEAL
A-210
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EASEMENT
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WEST CORNER OF
5.09 ACRE TRACT
P.O.B. PIPEUNE
EASEMENT
END OF PIPEUNE
E'ASEMENT
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N I, GEORGE RUBAlCABA. A REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
;' STATE THAT THIS IS A CORRECT PlAT OF A SURVEY
~ MADE ON THE GROUND UNDER MY DIRECTION.
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PERMANENT E'ASEMENT CENTERUNE LENGTH=1622.99 FEET
PERMANENT E'ASEMENT ACREAGE=1.12 ACRES
TEMPORARY E'ASEMENT ACREAGE= 1.85 ACRES
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EXHIBIT "e"
PAGE 2 OF 2
STATE OF TEXAS
COUNTY OF GUADALUPE
Darrell E. Godfredson, Jr.
GU-147AA
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
4.1782 acre tract of land conveyed from Guadalupe Valley Electric Cooperative, Inc. to Darrell E.
Godfredson, Jr. by Warranty Deed, dated July 31,1997 and recorded in Volume 1284, Page 855 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 Guadalupe County, Texas, and is described by metes and bounds as follows:
Beginning at a point in the west line of said 4.1782 acre tract for the west end of this easement,
whence the southwest comer of said 4.1782 acre tract being on the north right-of-way line of a Southern
Pacific Railroad bears S 020 22' 28" E, a distance of 15.02 feet;
Thence in a northeasterly direction with the centerline of said easement, as follows:
N 84010' 44" E,
N 720 55' 37" E,
274.87 feet;
36.46 feet,
to a point in the east line of said 4.1782 acre tract for the east end of this easement, and also being on the
west line of a 40 foot wide drainage right-of-way and from whence the southeast comer of said 4.1782 acre
tract being on the north right-of-way line of said railroad bears S 180 09' 21" W, a distance of 24.20 feet;
Additionally, 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.
Pennanent Easement Centerline Length = 311.33 feet
Pennanent Easement Acreage = 0.21 acres
Temporary Easement Acreage = 0.36 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<~-w!diI~
Texas Registration No. 4229
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EXHIBIT "D"
PAGE 1 OF 2
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A. S. LEWIS
A-216
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DARRELL E. GODFREDSON, JR.
4.1782 ACRES
V-1284, P-855. ORGuCT
50' TEMPORARY CONSTRUCTION
EASEMENT
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N 72'55'37- E
36.46'
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P.O.B. PIPEUNE
EASEMENT
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- - - - - - - 274.81-;- _ _
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SOUTHERN PACIFIC RAILROAD
t 30' PERMANENT
EASEMENT
- -
S 18'09'21- W
24.20'
S 02'22'28- E
15.02'
SOUTHWEST CORNER OF
4.1782 ACRE TRACT
SOUTHEAST CORNER . OF
4.1782 ACRE TRACT
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::; I, GEORGE RUBAlCABA, A REGISTERED PROFESSIONAl
g LAND SURVEYOR IN lllE STATE OF TEXAS, HEREBY
STATE THAT 1lllS IS A CORRECT PLAT OF A SURVEY
MADE ON lllE GROUND UNDER MY DIRECTION.
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PERMANENT EASEMENT CENTERUNE LENGTH=311.33 FEET
PERMANENT EASEMENT ACRE'AGE..0.21 ACRES
TEMPORARY EASEMENT ACRE'AGE=0.36 ACRES
60 30 0
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SCALE IN FEET
D4TE 03/01
D4TE
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SHINIlIl MosllLBY AJlD Aascc:u.ns. INC.
I!HGINEZRS &CONSU1.TAHTS
SCHERTZ/SEGUIN LOCAl GOVERNUENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
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90308
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CGIpao CIIdoII. T_ 71471
GUADALUPE COUNTY
SCAlE GRAPHIC
SHEET
TEXAS
GU147M
DRAWING No.
GU147MPLT
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EXHIBIT "D"
PAGE 2 OF 2
STATE OF TEXAS
COUNTY OF GUADALUPE
Rosie R Gutierrez and Hemy Gutierrez,
Jr., Independent Co-Administrators of the
Estate of He my Gutierrez, deceased
GU-147D
Field notes of the centerline of a pipeline easement 30 feet in width, being on, lUlder and across a
61.222 acre tract of land conveyed from Harry C. Bligh and wife, Thelma A Bligh to Henry Gutierrez and
wife. Rosie R Gutierrez by Warranty Deed, dated October 20, 1977 and recorded in Volume 653, Page 801
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 Guadalupe COlUlty, Texas, and is described by metes and bounds as follows:
Beginning at a point in the southwest line of said 61.222 acre tract for the northwest end of this
easement, whence the west corner of said 61.222 acre tract bears N 300 27' OT' W, a distance of 826.52
feet;
Thence in a southeasterly direction with the centerline of said easement, as follows:
S 750 15' 41" E,
S 300 27' OT' E,
21.28 feet;
301.08 feet,
to a point in the southeast line of said 61.222 acre tract for the southeast end of this easement, whence the
south corner of said 61.222 acre tract bears S 800 18' 53" W, a distance of 16.04 feet;
Additionally, a 50 foot wide tempormy work easement, for the pwpose of construction of a water pipeline,
said temporaty work easement abutting the north and east boundaries as shown on Exhibit B of the above
described thirty foot wide pipeline easement.
Pennanent Easement Centerline Length = 322.36 feet
Pennanent Easement Acreage = 0.22 acres
Temporaty Easement Acreage = 0.37 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 grOlUld, this the 7th day of JlUle, 200 1.
~~~~
~stration No. 4229
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EXHIB.IT "E",
PAGE 1 OF 2
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(GU-147D)
ROSIE R. GUTIERREZ AND HENRY GUTIERREZ, JR.,
INDEPENDENT CO-ADMINISTRATORS OF THE ESTATE
OF HENRY GUTIERREZ. DECEASED
61.222 ACRES
V-653, P-801, ORGuCT
S 75'15'41" E
21.28'
G. MALPAZ
A-221
P.O.B. PIPEUNE
EASEMENT
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I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
MADE ON THE GROUND UNDER MY DIRECTION.
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SHEET
TEXAS
GU1470
PERMANENT EASEMENT CENTERUNE LENGTH-322.36 FEET
PERMANENT EASEMENT ACREAGE=0.22 ACRES
TEMPORARY EASEMENT ACREAGE=0.37 ACRES
100 50 0
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SCALE IN FEET
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
SD_~__lao
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GUADALUPE COUNTY
SCALE GRAPHIC
DRAWING No.
GU1470PLT
EXHIBIT "E"
PAGE 2 OF 2