2001R17- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
&-;,u/"II/""/~. Ol-~-/ 1
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 MATERS
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 SURVEY ABSTRACT ACRES
TRACT OWNED
GU-84 The C. Guy Core and Guadalupe J.D. Brown A-62 52.440
Helen Hill Core Trust
GU-134 Tom Wehe Guadalupe William Brackin A-57 67.351
GU-136 & Gloraine F. Atkinson, Guadalupe William Brackin A-57 62.480
GU-137 undo Y, int. and Ardice V.
Russell, undo Y, int.
GU-138 E. Jack Russell, et ux. Guadalupe William Brackin A-57 3.522
and more fully described in Exhibits "A" through "D", 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:
RESOLUTION
(SCHERTZ - 06/05/01)
Page 1 00
~-"-~----"""-~--........-,-"""""-------~~------'-
INTERNAL LANDOWNER COUNTY
TRACT
GU-84 The C. Guy Core and Guadalupe
Helen Hill Core Trust
GU-134 Tom Wehe Guadalupe
GU-136 & Gloraine F. Atkinson, Guadalupe
GU-137 undo Y, int. and Ardice V.
Russell, undo Y, int.
GU-138 E. Jack Russell, et ux. Guadalupe
SURVEY ABSTRACT ACRES
OWNED
J.D. Brown A-62 52.440
William Brackin A-57 67.351
William Brackin A-57 62.480
William Brackin A-57 3.522
more fully described in Exhibits "A" through "D" 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.
RESOLUTION
(SCHERTZ - 06/05/01)
Page 2 of3
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 ~ day f
C)A~ L--
,2001.
(
ayor
City of Schertz, Texas
ATTEST:
~~~
City Secretary
City of Schertz, Texas
RESOLUTION
(SCHERTZ - 06/05/01)
Page 3 of3
STATE OF TEXAS
COUNTY OF GUADALUPE
The C. Guy Core and
Helen Hill Core Trust
GU-84
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
52.44 acre tract of land (Tract 2) conveyed from C. Guy Core to The C. Guy and Helen H. Core Trust by
Special Warranty Deed dated April 29, 1993, and recorded in Volume 1038, Page 270 of the Official
Records of Guadalupe County, Texas, said 52.44 acre tract being the residue of a 70 acre tract of land (First
Tract) conveyed from Henry Gold, et ux, to Benne Gold by Deed dated October I, 1917, and recorded in
Volume 51, Page 218 of the Deed Records of Guadalupe County, Texas, save and except from said 52.44
acre tract, 2.443 acres recorded in Volume 1548, Page 340, Official Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the J. D. Brown Survey, Abstract 62, is
situated in Guadalupe County, Texas, approximately 5 miles southeast of the town of Marion and is
described by metes and bounds as follows:
Beginning at a point in the soutbmost northwest line of this tract and the southeast line of said
2.443 acre tract for the west end of this easement, whence an Yz" iron rod found at the south corner of said
52.44 acre tract and said 70 acre tract on the northeast right-of-way line of Prairie Hill Road (CR 404B),
bears S 550 00' 16" W, 110,91 feet, S 340 55' 20" E with the northeast right-of-way line of Prairie Hill
Road (CR 404B), a distance of 1889.15 feet;
Thence in an easterly 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
1245, Page 534, Deed Records of Guadalupe County, Texas, as follows:
S 800 55' 40" E,
N 870 00' 00" E,
1001.02 feet;
16,05 feet
to a point in the northeast line of said 52.44 acre tract for the east end of this easement, whence the east
corner of said 52.44 acre tract, bears S 360 01' 30" E, a distance of 1180.21 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 = 1017.07 feet
Permanent Easement Acreage = 0.70 acres
Temporary Easement Acreage = 1.27 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 16th day of April, 2001.
~. :!va?~Ym
~tration No. 4229
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EXHIBIT "A"
Page 1 of 2 Pages
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P.O.B. PIPELINE EASEMENT
50' TECO PIPELINE CO. EASEMENT;
V-1245, P-514 DRGuCT
S55'OO'16"W \
110.9"
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SO' TEeD P1::E~D. :.~:-
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
t 30' PERMANENT
EASEMENT
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END OF PIPELINE
EASEMENT
N87"00'OO"E
16.05'
( GU-84 )
1:>~ THE C. GUY CORE AND HELEN HILL CORE :RUST
~ 52.44 ACRES
~ V-1038, P-270. CRGuCT
~; SAVE & EXCEPT 2.443 ACRES
'(' ~ V-1548, P-340 ORGuCT
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~ 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.
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SMA JOB No.
EAST CORNER OF
52.44 ACRE TRACT
SOUTH CORNER OF
52.44 ACRE TRACT
PERMANENT EASEMENT CENTERLINE LENGTH=1017.07 FEET
PERMANENT EASEMENT ACREAGE=0.70 ACRES
TEMPORARY EASEMENT ACREAGE-1.27 ACRES
DATE 04/01
DATE
8Ul
SHINER MosELI!Y AND ASSOCIAT1!S. INe.
ENGINEIlRS .. CONSULTANTS
555 North ~ I~ 8an. 1650
Caqouo Clldod. T_ 71471
DRAWING No.
GU084PLT
300 150 0
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300
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SCALE IN FEET
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
SHEET
GU84
EXHIBIT "A"
Page 2 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Tom Wehe
GU-134
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
67.351 acre tract being a 69.76 acre tract of land conveyed from Dorothy P. Wehe to Tom Wehe by Gift
Deed, dated May 28, 1980 and recorded in Volume 599, Page 89 of the Official Records of Guadalupe
County, Texas, less and except 2.409 acres conveyed from Tom Wehe, et ux to Brenda 1. Wehe Anoil by
Gift Deed recorded in Volume 1320, Page 864, Official Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the William Brackin Survey, Abstract 57, 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 67.351 acre tract for the northwest end of this
easement, whence the north comer of said 67.351 acre tract bears N 590 40' 27" E, a distance of 739.67
feet;
Thence in a southeasterly direction with the centerline of said easement, as follows:
S 290 41 ' 00" E,
S 520 32' 33" E,
S 480 07' 47" E,
N 760 27' 33" E,
N 590 22' 36" E,
18.11 feet;
478.00 feet;
190.00 feet;
405.00 feet;
119.47 feet,
to a point in the northeast line of said 67.351 acre tract for the northeast end of this easement, whence the
east comer of said 67.351 acre tract bears S 300 47' 33" E, a distance of 88.75 feet, S 310 26' 33" E, a
distance of 533.60 feet;
Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline,
said temporary work easement abutting the northeast and northwest boundaries of the above described
thirty foot wide pipeline easement.
Easement Length = 1210.58 feet
Permanent Easement Acreage = 0.83 acres
Temporary Easement Acreage = 1.39 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 25th day of April, 200 I.
Reg' e and Surveyor
egistratioIl No. 4229
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EXHIBIT "B"
Page 1 of 2 Pages
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JERO~~iMO LEAL
A-210
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" ~. "- EASEMENT
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"" "- EASEMENT
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S30'47'33"E
88.75'
N59'22'36"E
119.47'
( GU-134)
TOM WEHE
67.351 ACRES
BEING 69.76 ACRES
V-599, P-89, ORGuCT
LESS AND EXCEPT
2.409 ACRES
V-1320, P-864, ORGuCT
WilLIAM BRACKIN
A-57
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8 I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
S LAND SURVEYOR IN THE STATE OF TEXAS, HEREBY
~ STATE THAT THIS IS A CORRECT PLAT OF A SURVEY
c; MADE ON THE GROUND UNDER MY DIRECTION.
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PERMANENT EASEMENT CENTERLINE LENGTH= 121 0.58 FEET
PERMANENT EASEMENT ACREAGE=0.83 ACRES
TEMPORARY EASEMENT ACREAGE= 1.39 ACRES
200 100 0 200
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SCALE IN FEET
EXHIBIT liB"
Page 2 of 2 Pages
DATE
04/01
EUil
SHINER MosELEY AND ASSOCIATES. INC.
ENGINEERS a. CONSULTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DATE
5$5 Ncxth c.n.ac.bua Stnet" Sui.. 1650
Cclrpua CIoriod. T_ 78471
GU134PLT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
DRAWING No.
SHEET
GU134
STATE OF TEXAS
COUNTY OF GUADALUPE
Gloraine F. Atkinson, undo Y, int.
& Ardice V. Russell, undo Y, int.
GU-136 & GU-137
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
62.48 acre tract of land conveyed from Lina Hild, a widow to Gloraine F. Atkinson and Ardice V. Russell
by Gift Deed, dated January 22, 1991 and recorded in Volume 940, Page 849 of the Official Records of
Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the William Brackin Survey, Abstract 57, is
situated in Guadalupe County, Texas, and is described by metes and bounds as follows:
Easement 1
Beginning at a point in the southwest line of said 62.48 acre tract for the southwest end of this
easement, whence the south corner of said 62.48 acre tract bears S 300 46' 22" E, a distance of 15.00 feet;
Thence N 590 40' 27" E, with the centerline of said easement, and running 15.00 feet north of and
parallel to the North right-of-way line of Schaeffer Road, a distance of 968.26 feet to a point in the
southwest line of a 3.522 acre tract of land conveyed from Lina Hild, a widow to E. Jack Russell and wife,
Ardice V. Russell by Deed, dated August 12, 1974 and recorded in Volume 489, Page 578 of the Deed
Records of Guadalupe County, Texas, for the northeast end of this easement, whenc" a corner of said 62.48
acre tract and the south corner of said 3.522 acre tract bears S 300 19' 33" E, a distance of 15.00 feet;
Easement 2
Beginning at a point in the northeast line of said 3.522 acre tract for the southwest end of this
easement, whence a comer of said 62.48 acre tract and the cast comer of said 3,522 acre tract bears S 300
19' 33" E, a distance of 15.00 feet;
Thence in an easterly direction with the centerline of said easement and running 15.00 feet north
of and parallel to the north right-of-way line of Schaeffer Road, N 590 40' 27" E, a distance of 496.89 feet;
Thence
Thence
S 750 00' 17" E,
S 290 41' 00" E,
19.00 feet;
1.49 feet,
to point in the southeast line of said 62.48 acre tract for the northeast end of this easement, said end point
being on the north right-of-way line of Schaeffer Road and from whence the east comer of said 62.48 acre
tract bears N 590 40' 27" E, a distance of742.11 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 and northeast boundaries of the above described
thirty foot wide pipeline easement.
Permanent Easement I Centerline Length = 968.26 feet
Permanent Easement 1 Acreage = 0.67 acres
Temporary Easement 1 Acreage = 1.11 acres
Permanent Easement 2 Centerline Length = 496.89 feet
Permanent Easement 2 Acreage = 0.36 acres
Temporary Easement 2 Acreage = 0.57 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 February, 2001.
R ~-~=~"
~~~ation No. 4229
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EXHIBIT "e"
Page 1 of 2 Pages
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WilLIAM BRACKIN
A-57
C GU-136) & C GU-137)
GLORAlNE F. ATKINSON, UNO. 1/2 INT.
& ARDICE V. RUSSELL, UNO. 1/2 INT.
62.48 ACRES
V-940, P-849, ORGuCT
PERMANENT EASEMENT 1 CENTERLINE LENGTH=968.26 FEET
PERMANENT EASEMENT 1 ACREAGE=0.67 ACRES
TEMPORARY EASEMENT 1 ACREAGE=1.11 ACRES
PERMANENT EASEMENT 2 CENTERLINE LENGTH=496.89 FEET
PERMANENT EASEMENT 2 ACREAGE=0.36 ACRES
TEMPORARY EASEMENT 2 ACREAGE=0.57 ACRES
END OF PIPELINE
EASEMENT 1
~ t 30' PERMANENT
~ EASEMENT (TYP)
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50' TEMPORARY CONSTRUCTION] '1i(/,.&"
EASEMENT (TYP) ~ ~~
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/' :4 /',& l?) S30'19'33"E
:4 15.00'
EASEMENT 1
P.O.B. PIPELINE
EASEMENT 1
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DATE 02/01
DATE
5J:J
SHINER Mosl!U!Y AND AsSOCIATES. INC.
ENCiINEERS & CONSULTANTS
DA}._/~-o/
S$'N_~S-, Sullo 1050
eo.p... CIorioII. T_ 7147.
DRAWING No.
GU136&137PLT
EAST CORNER OF
62.48 ACRE TRACT
P.O.B. PIPELINE S 75'00'17" E
EASEMENT 2 19.00'
S30'19'33"E
15.00'
CORNER OF 62.48
ACRE TRACT
CORNER OF 62.48
ACRE TRACT
DETAIL
4~
SCALE IN FEET
400
I
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
SHEET GU136. GU137
EXHIBIT "e"
Page 2 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
E. Jack Russell, et ux
GU-138
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
3.522 acre tract of land conveyed from Lina Hild, a widow to E. Jack Russell and wife, Ardice V. Russell
by Deed, dated August 12, 1974 and recorded in Volume 489, Page 578 of the Deed Records of Guadalupe
County, Texas; .
Said pipeline easement is comprised of a portion of the William Brackin Survey, Abstract 57, 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 3.522 acre tract for the southwest end of this
easement, whence the south corner of said 3.522 acre tract bears S 30019' 33" E, a distance of 15.00 feet;
Thence N 590 40' 27" E, with the centerline of said easement and running 15.00 feet north of and
parallel to the north right-of-way line of Schaeffer Road, a distance of 306.48 feet to a point in the northeast
line of said 3.522 acre tract for the northeast end of this easement, whence the east corner of said 3.522 "cre
tract bears S 300 19' 33" 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 northwest boundary of the above described thirty foot wide
pipeline easemcnt.
Easement Length = 306.48 feet
Permanent Easement Acreage = 0.21 acres
Temporary Easement Acreage = 0.35 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 February, 2001.
R/~ rof52~,
. as Registration No. 4229
EXHIBIT "D"
Page 1 of 2 Pages
._--~---"._-'----_.__.~._~~r---~-___-__M_.
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WILLIAM BRACKIN
A-57
( GU-138)
E. JACK RUSSELL. ET UX
3.522 ACRES
V-489, P-578, DRGuCT
3.522 ACRE TRACT
S 30'19'33" E
15.00'
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P.O.B. PIPEUNE
EASEMENT
S 30'19'33" E
15.00'
SOUTH CORNER OF
3.522 ACRE TRACT
PERMANENT EASEMENT CENTERUNE LENGTH=306.48 FEET
PERMANENT EASEMENT ACREAGE=0.21 ACRES
TEMPORARY EASEMENT ACREAGE=0.35 ACRES
60 30 0
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60
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SCALE IN FEET
au
SHINER MOSELEY AND AssociATES, INC.
ENGlNEIlRS .. CONSllLTANTS
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
DATE
02/01
DATE
~jtl-v I
'ssN.....~a__I6S0
CoIpuo CIulod. T_ 7147.
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
DRAWING No.
SHEET
GU138PLT
GU138
EXHlB.IT "D"
Ppge 2 of 2 Pages