2001R14- WATERLINE AND TEMPORARY CONSTRUCTION EASEMENTS
. Af31!J.L LJTlI!JAl Ak. ,j/-/C- /4'
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, 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-85 Harvey G. Schlichting Guadalupe Felix Chenault 94 25.00
GU-71 , Ernest K. Bryan Guadalupe A.C. Davis 105 220.73
GU-72
GU-7IA Ernest K. Bryan Guadalupe A.C. Davis 105 1.00
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 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:
RESOLUTION
SCHERTZ (04/17101)
Page 1 of3
INTERNAL LANDOWNER COUNTY SURVEY ABSTRACT ACRES
TRACT OWNED
GU-85 Harvey G. Schlichting Guadalupe Felix Chenault 94 25.00
GU-71, Ernest K. Bryan Guadalupe A.C. Davis 105 220.73
GU-72
GU-7IA Ernest K. Bryan Guadalupe A.C. Davis 105 1.00
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 of the Governing Body.
RESOLUTION
SCHERTZ (04/17/01)
Page 2 of3
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/1i:l:.- day of ,2001.
Mayor
City of Schertz, Texas
ATTEST:
~.~
City Secretary
City of Schertz, Texas
RESOLUTION
SCHERTZ (04/17/01)
Page 3 of 3
STATE OF TEXAS
COUNTY OF GUADALUPE
Harvey G. Schlichting
GU-85
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
25 acre tract of land conveyed from The Veterans Land Board of the State of Texas to Harvey G.
Schlichting by Contract of Sale and Purchase dated November 12, 1971, and recorded in volume 447, Page
63 of the Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the Felix Chenault Survey, Abstract 94, is
situated in Guadalupe County, Texas. ~pproximately 5 miles southeast of the town of Marion and is
described by metes and bounds as fcHows:
Beginning at a point in the northwest line of said 25 acre tract for the west end of this easement,
whence an W' iron rod found in the southwest line of Prairie Hill Road (County Road 404-B) at the north
comer of said 25 acre tract, bears N 600 04' 29" E, a distance of 472.40 feet;
Thence N 860 59' 22" E 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 1182, Page
2, Deed Records of Guadalupe County, Texas, a distance of 554.40 fectto a point in the southwest line of
said Prairie Hill Road (County Road 404-B) and the northeast line of said 25 acre tract for the east end of
this easement, whence said W' iron rod found at the north comer of said 25 acre tract bears N 340 55' 20"
W, a distance of 251.92 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 = 554.40 feet
Permanent Easement Acreage = 0.38 acres
Temporary Easement Acreage = 0.755 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 October. 2000.
R --[~,.ym
=!~ation No. 4229
,.
,.
EXHIBIT "A"
Page 1 of 2 Pages
i
~
b
o
NORTH CORNER OF
25 ACRE TRACT
50' TECO PIPEUNE CO. EASEMENT;
V-1182, P-2 DRGuCT
P.o. SMITH
A-298
P.O.B. PIPEUNE
EASEMENT
JOSHUA BROWN
A-52
END OF PIPEUNE
EASEMENT
-----
'\
~
~
1b
~
~
"OlI"
~
It 30' PERMANENT
EASEMENT
50' TECO PIPEUNE CO. EASEMENT
TO BE USED /1S TEMPORARY
CONSTRUCTION EASEMENT
C GU-85 )
HARVEY G. SCHUCHTING
25 ACRES
V-477, P-63, DRGuCT
I'
FELIX CHENAULT
A-94
~
N
cO
<:!
~ I, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
'0- 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.
r
."
~
:ll
o
%
"
ii:
.,,-
'"
.
."
.,,-
:8
I')
o
01
.,,-
01
01
01
:;.
.:l DRN
l: DEG
l DES
.,,-
."
! CHK
,.
-';
PERMANENT EASEMENT CENTERUNE LENGTH=554.40 FEET
PERMANENT EASEMENT ACREAGE=0.38 ACRES
TEMPORARY EASEMENT ACREAGE=0.755 ACRES
200 100 0
~
200
,
SCALE IN FEET
DATE 10/00
DATE
gjU]
SIUHU MOSELEY AND ASSOCtA'J1!S. me.
I!NGlHEERS .. CONSULTANTS
5SSN_~_I_I"O
CaIpoo a.tatI, T_ 71471
SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNlY
TEXAS
DRAWING No.
GU085PLT
SCALE
GRAPHIC
SHEET
GU85
EXIlIBlT "A" Page 2 of 2 Pages
STATE OF TEXAS
COUNTY OF GUADALUPE
Ernest K. Bryan
GU-7I, GU-72
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
220.73 acre tract of land described in two tracts (45.23 acres and 175.5 acres) and conveyed from Albert
Wuest, et ai, to Ernest K. Bryan, et ux, by Deed dated February I, 1965, and recorded in Volume 373, Page
614 of Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the A. C. Davis Survey, Abstract 105, and the
Hugh M. Swift Survey, Abstract 288, is situated in Guadalupe County, Texas, approximately 4 miles
southwest of the town of Seguin and is described by metes and bounds as follows:
Beginning at a point in the southwest line of said 175.5 acre tract for the north end of this
easement, whence the west corner of said 175.5 acre tract bears N 230 \0' 54" W, a distance of 646.08 feet,
and N 230 49' 24" W, a distance of911.46 feet;
Thence in a southerly 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
1117, Page 36, Deed Records of Guadalupe County, Texas, as follows:
S 550 49' 39" E,
S 430 56' 10" E,
S 320 03' 52" E,
S 200 \0' 45" E,
2164.42 feet;
48.46 feet;
48.46 feet;
144.12 feet
to a point in the southeast line of said 45.23 acre tract, for the south end of this easement, whence the east
corner of said 45.23 acre tract bears N 700 19' 06" E, a distance of 116.27 feet, and N 830 19' 06" E, a
distance of 262.07 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 = 2405.46 feet
Permanent Easement Acreage = 1.66 acres
Temporary Easement Acreage = 2.55 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.
R6~~""
Texas Registration No. 4229
,.
E:mIBIT "B"
Page 1 at 2 Pages
ERNEST K. BRYAN
4S.23 ACRES
~ . V-373, P-614, DRGuCT
~ I, GEORGE RUBAlCABA, A REGISTERED PROFESSIONAl A
g 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.
b
u
~
:;j
q;
on
.;;
o
'"
.
."
~
'"
....
~
r::
o
::>
"
~
'0
ii:
,/
'"
.
."
,/
co
o
....
o
Ol
,/
Ol
Ol
Ol
;;.
.!! DRN
l: DEG
'f
" DES
"
~ CHI<
III
ii
SUA JOB No.
f
I
( GU-n.)
ERNEST K. BRYAN
175.5 ACRES
V-373, P-614, DRGuCT
H
G
H
M
A
8
S
8
w
F T
2
I'
~
S43.S6'10"E
48.46'
( GU-7l )
PERMANENT EASEMENT CENTERUNE LENGTH=240S,46 FEET
PERMANENT EASEMENT ACREAGE=I.66 ACRES
TEMPORARY EASEMENT ACREAGE=2.55 ACRES
400 200 0
~
400
I
SCALE IN FEET
DATE 08/00
DATE
EWJ
SHIHIR MOSIlLBY AND ASSOCIA11lS, 1Ne.
IlNGIN_ "CONSULTANTS
SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
SSS-c:..-S__lll5O
Oacpoo ClIdoII, T_ 71471
GUADALUPE COUNTY
SCALE GRAPHIC
TEXAS
GU7l, GU72
90308
DRAWING No,
GU071&72PLT .
SHEET
E'\llIBIT "B" Page 2 of 2 Pages
~"~~.._-_._--_..__..~-~-----_.,->.._-.._---"----~
11:1
::1 r E~) .... ;~.~;~ 1
1,\
I L .r-r"t-=-,.t~._":I.: r'rr'o.
JLJL_J '_ .__'.. ... ...
I.
STATE OF TEXAS
COUNTY OF GUADALUPE
Ernest K. Bryan
GU-7IA
Field notes of the centerline of a pipeline easement 30 feet in width, being on, under and across a
1.00 acre tract of land conveyed from Albert Wuest, et ai, to Ernest K. Bryan, et ux, by Deed dated
February I, 1965, and recorded in Volume 373, Page 614 of Deed Records of Guadalupe County, Texas;
Said pipeline easement is comprised of a portion of the A. C. Davis Survey, Abstract 105 and
situated in Guadalupe County, Texas, approximately 4 miles southwest of the town of Seguin and is
described by metes and bounds as follows:
Beginning at a point in the southwest line of said 1.00 acre tract for the southwest end of this
easement, whence the northwest corner of said 1.00 acre tract bears N 230 53' 21" W, a distance of717.51
feet;
Thence N 660 01' 03" E, 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 I 177, Page
36, Deed Records of Gualialupe County, Texas, a distance of 10.00 feet to a point in the northeast line of
said 1.00 acre tract, for the northeast end of this easement, whence the northeast corner of said 1.00 acre
tract bears N 230 53' 21" W, a distance of714.41 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.
Easement Length = 10.00 feet
Pennanent Easement Acreage = 300 sf
Temporary Easement Acreage = 500 sf
I'
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 24th day of January, 200 I.
~~~'Ym
~~tration No. 4229
_.~~~
10,..:i.:'-~. 0 F r~
.. \. \ ,... .....
!-,^, ',; i::,\ 51i;,..-t-...
1,',.\. ,'" tc '~o' ',,,
A~" .~:. ~~ ~~ ..~.
(!,:' L'. :i~:d 'Ruiil\lCABA
~f '."'" .....,.,.,.
t,(........;. (1229 v."
I',. ~. ''"'. ".... <c
'~'. "". .:'"5510".0
,-C'. . '. '..... "'''
~;;..'::: S LJ R'J,;:
""'-~_.-
"
EXHIBIT "e"
Page 1 of 2 Pages
._--~,...,_.,.,-~_.._-_._._------....~------_..,~--_..~~--_.._-'.-----"---"~.
CR 4' V. (LEISSNER SCHOOL ROfo.D)
NORTHWEST CORNER
OF 1.00 ACRE TRACT
ERNEST K. BRYAN
1.00 ACRES
V-373, P-61., DRGuCT
A. C. DAVIS
A-105
NORTHEAST CORNER
OF 1.00 ACRE TRACT
1
~
HUGH M. SWIFT
A-298
P .O.B. PIPEUNE
EASEMENT
N 66'01'03- E
10.00'
l'
50' TECO PIPEUNE CO. EASEMENT;
V-1177, P-36 DRGuCT
Iii
u
::l
Q.
....
o
oD
'!l
o
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.
'"
.
...
~
;:::
o
5
/'
.:J
o
ii:
/'
'"
.
...
/'
CD
o
'"
o
01
/'
01
01
01
;;.
i DRN OEG
oe
~ DES
! CHK
<II
/'
.:;
Sw. JOB No.
50' TECO PIPEUNE CO. EASEMENT
TO BE USED AS TEMPORARY
CONSTRUCTION EASEMENT
PERMANENT EASEMENT CENTERUNE LENGTH=10.00 FEET
PERMANENT EASEMENT AREA=300 SF
TEMPORARY EASEMENT AREA=500 SF
40 20 0
~
SCALE IN FEET
40
J
DATE 01/01
DATE
llilll
SHINER Mosl!LEY AND ASSOC:IATBS. INC.
I!NGINEIlItS . CONSULTAJml
SCHERTZ/SEGUIN LOCAl GOVERNMENT CORPORATION
EXHIBIT B
PIPELINE EASEMENT
llA E u-">/
-2 Tl-f
90306
DRAWING No.
S"_~__I6S0
Caopoa CIIdotI, T_1I471
GUY1A
GU071APLT
GUADALUPE COUNlY
SCAlE GRAPHIC
TEXAS
SHEET
EXHIBIT "e" Page 2 of 2 Pages