2001R15- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
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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, and
maintaining 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-87 Wilburn H. Sheffel, et ux. Guadalupe Peter D. Smith 298 97.08
GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector 270 90.82
GU-111F Waldmar R. Zuehl, et ux. Guadalupe Claiborn Rector 270 175.83
and more fully described in Exhibits "A" through "C", 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 (05/01101)
Page 1 of3
INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES
...:mM:L 2MW!
GU-87 Wilburn H. Sheffel, et ux. Guadalupe Peter D. Smith 298 97.08
GU-107B Victor Garza, Jr., et ux. Guadalupe Claiborn Rector 270 90.82
GU-IIlF Waldemar R. Zuehl,et ux. Guadalupe Claiborn Rector 270 175.83
more fully described in Exhibits "A" through "C" attached hereto and made a part hereof
for all purposes for the public purpose of construction, operation, and maintenance of 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 ofthe Governing Body.
RESOLUTION
SCHERTZ (05/01/01)
Page 2 of 3
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 this45d day of (~.1 L
,2001.
4~~4~
in -' Mayor C/
.fv" City of Schertz, Texas
ATTEST:
~t.d/ t2d-tJ--t-i<2.P ..../
City Secretary
City of Schertz, Texas
RESOLUTION
SCHERTZ (05/01101)
Page 3 of3
STATE OF TEXAS
COUNTY OF GUADALUPE
Wilburn H. Scheffel and
wife, Lola U. Scheffel
GU-87
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
97.08 acre tract of land conveyed from Joe H. Reinhard, et ai, to Wilburn H. Scheffel and wife, Lola U.
Scheffel. By Warranty Deed dated October 2, 1996 and recorded in Volume 1232, Page 222 of the Official
Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Peter D. Smith Survey, Abstract 298, is
situated in Guadalupe County, Texas, approximately 4.5 miles east, southeast of the town of Marion, and is
described by metes and bounds as follows:
Beginning at a point in the northwest line of said 97.08 acre tract for the northwest end of this
easement, whence a fence comer post found at north comer of said 97.08 acre tract bears N 580 53' 02" E,
a distance of 380.59 feet;
Thence S 350 13' 36" E with the centerline of.said easement and running 40.00 feet southwest of
and parallel to the centerline of the 50 foot wide TECO Pipeline Easement recorded in Volume 1170, Page
665, Deed Records of Guadalupe County, Texas, a distance of 2650.68 feet to a point in the southeast line
of said 97.08 acre tract for the southeast end of this easement, whence a fence comer post at the east comer
of said 97.08 acre tract bears N 59015' 14" E, a distance of 144.17 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 pennanent easement granted to TECO Pipeline Company and an additional strip of temporary
easement shown on Exhibit B.
Easement Length = 2650.68 feet
Permanent Easement Acreage = 1.83 acres
Temporary Easement Acreage = 3.04 acres + 3924.47 sf
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 October, 2000.
Regl {re~1urveYor
Tex~~:ration No. 4229
EXHIBIT "A"
Page 1 of 2 Pages
Exhibit "A"
Page 2 of 2 Pages
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97.08 ACRES \'\ \
V-1232, P-222, ORGuCT \'\ \
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PETER D. SMITH
A-298
50' TECO PIPEUNE CO. EASEMENT
TO BE USED PS TEMPORARY
CONSTRUCTION EASEMENT
DETAIL
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END OF 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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PERMANENT EASEMENT CENTERUNE lENGTH=2650.68 FEET
PERMANENT EASEMENT ACREAGE=1.83 I\CRES
TEMPORARY EASEMENT ACREAGE=3.04 ACRES + 3924.47 SF
300 150 0
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300
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SCALE IN FEET
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SHIHIl1t Mosl!LI!Y AND ASSOCIATES, IHe.
ENGINEERS .. CONSULTANTS
DATE 10/00
DATE
SCHERTZ/SEGUIN LOCAl. GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
'5SN_~__I650
CoIpao CIoriolI, T_ 714.,.
GUADALUPE COUN'TY
SCALE GRAPHIC
TEXAS
SMA JOB No.
DRAWING No.
SHffi
GU087PLT
GU87
STATE OF TEXAS
COUNTY OF GUADALUPE
Victor Garza, Jr., et ux
GU-IOm
Field notes of the centerline of a pipeline casement 30 feet in width, being on, under and across a
90.82 acre tract of land conveyed from Seguin State Bank and Trust Company to Victor Garza, Jr., and
wife, Marie T. Garza by Warranty Deed dated March 17, 1994 and recorded in Volume 1088, Page 483 of
the Official Records ofOuadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Claiborn Rector Survey, Abstract 270, is
situated in Guadalupe County, Texu, and is described by metes and bounds as follows:
Beginning at a point in the easternmost, southwest line of said 90.82 acre tract for the southwest
end of this easement, whence the northmost west comer of said 90.82 acre tract bears N 300 49' 41" W, a
distance of 20.29 feet;
Thence in a northeasterly direction with the centerline of said easement and running thirty foot
south of and parallel to a Koch Pipeline Company thirty foot wide pipeline easement recorded in Volume
894, Page 510, Deed Records of Guadalupe County, Texas, as follows:
N 650 42' 46" E,
N 600 45' 43" E,
1124.23 feet;
898.46 feet,
to a point in the northeast line of said 90.82 acre tract for the northeast end of this easement, whence the
north comer of said 90.82 acre tract bears N 28022' 49" W, a distance of 195.43 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
easement and encompassing the above mentioned Koch Pipeline Company thirty foot wide easement.
Easement Length '" 2022.69 feet
Pennanent Easement Acreage = 1.39 acres
Temporary Easem..:nt Acreage'" 2.32 acres
I, Ge.orge 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 Jan~, 2001.
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as Registration No. 4229
EXHIBIT "B"
Page 1 of 2 Pages
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EXHIBIT "B"
Page 2 of 2 Pages
CLAIBORN RECTOR
A-270
30' KOCH PIPEUNE CO. EASEMENT' .
V-894, P-510, DRGuCT
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NORTH CORNER OF
90.82 ACRE TRACT
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(GU-1078)
VICTOR GARZA, ET UX
90.82 ACRES
V-1088, P-483, ORGuCT
PERMANENT EASEMENT CENTERUNE LENGTH=2022.69 FEET
PERMANENT EASEMENT ACREAGE=1.39 ACRES
TEMPORARY EASEMENT ACREAGE=2.32 ACRES
300 150 0 300
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SHINER Mosl!LIlY AND AllSOCIAT1!S. INe.
ENCiINI!ERS .. CONSULTAI'n'S
'''N_~__ 1650
c..p. Cbdod, T_ 71471
DRAWING No.
GU1078PLT
SCALE IN FEET
SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNlY
SCALE GRAPHIC
SHEET
TEXAS
GU1078
STATE OF TEXAS
COUNTY OF GUADALUPE
Waldemar R Zuehl, et ux
GU-IllF
Field notes of the centerline of a pipeline easement 30 feet In width, being on, under and across a
175.83 acre tract being 176.07 acre tract of land conveyed from Arnold W. Zuehl and Monroe C. Zuehl to
Waldemar R. Zuehl and Doris A. Zuehl by Warranty Deed dated September 3, 1983, and recorded in
Volume 686, Page 20 of the Deed Records of Guadalupe County, Texas, save and except 0.24 acres
Quitclaimed to Monroe C. Zuehl by Waldemar R. Zuehl by Quitclaim Deed recorded in Volume 693, Page
596, Deed 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 folIows:
Beginning at a point in the northerly, northwest line of said 175.83 acre tract for the northwest end
of this easement, whence the north comer of said 175.83 acre tract bears N 560 02' 10" E, a distance of
15.00 feet, N 600 04' 08" E, a distance of 743.40 feet;
Thence in an easterly direction with the centerline of said easement as folIows:
S 310 01' 29" E,
575.26 feet;
Thence N 640 48' 35" E and running thirty feet southeast of and paralIel to the centerline ofa
Koch pipeline located within a Koch 30 foot easement recorded in Volume 894, Page 500, Deed Records of
Guadalupe County, Texas, a distance of746.33 feet;
Thence
S 29045' 27" E,
N 58054' 39" E,
S 770 38' 01" E,
120.24 feet;
436.34 feet;
76.07 feet,
to a point in the southerly, northeast line of said 175.83 acre tract for the southeast end of this easement,
said southeast end point being on the southwest right-of-way line of FM 465 and from whence the
soutlunost northeast comer of said 175.83 acre tract bears N 29056' 26" W, a distance of 108.35 feet.
Additionally, a 50 foot wide temporary work easement, for the purpose of construction of a water pipeline,
said temporary work easement abutting the south and west boundaries of the above described thirty foot
wide pipeline easement.
Easement Length - 1954.24 feet
Permanent Eas~ment Acreage - 1.35 acres
Temporary Easement Acreage = 2.24 acres
EXHIBIT "c"
Page 1 of 2 Pages