1999R09- PETITION ANTHONY W. MAYS, JR. AND HELEN DELORES MAYS
~t)J..UTlO~ If-/!- 9
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS APPROVING A STATEMENT
AND PETITION IN CONDEMNATION RELATING TO
ANTHONY w. MAYS, JR. AND HELEN DELORES MAYS
WHEREAS, the City of Schertz, Texas (the "City") has
previously found and determined that public welfare and convenience
requires the widening of a street and utility right-of-way, FM 78,
along a route in Guadalupe County, Texas; and
WHEREAS, in connection therewith, the City hereby finds and
detennines that public convenience and necessity require and that it is
necessary and in the public interest for the City to enter upon, .
appropriate, take, acquire, hold and enjoy, by purchase or
condemnation, the fee simple title to a tract of land in Guadalupe
County, Texas, together with any and all improvements located
thereon, more particularly described in the Statement and Petition in
Condemnation attached hereto as Exhibit A which is incorporated
herein (the "Statement and Petition");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF SCHERTZ, TEXAS AS FOLLOWS:
Section 1. Public convenience and necessity
require and it is necessary and in the public interest
that the City, through one or more of its duly
authorized officers, agents, employees and/or
attorneys, acquire, hold and enjoy, by purchase or
condemnation, the fee simple title to a tract ofland in
Guadalupe County, Texas, together with all
improvements located thereon, as more particularly
described in the Statement and Petition;
Section 2. The terms and provisions of the
Statement and Petition are hereby adopted and
approved, and are necessary and essential for the
public purpose and use of the establishment, location,
construction, widening and maintenance of a street
and utility right-of-way, FM 78, in Guadalupe
County, Texas; and
Section 3. As negotiations to acquire the fee
simple title to the tract of land described in the
Statement and Petition have been unsuccessful, and in
the event such negotiations continue to be
unsuccessful, the officers, agents, employees and/or
attorneys of the City be, and each individually is
authorized in the name and for and on behalf of the
City to institute and file or cause to be filed and
instituted condemnation proceedings to acquire for the
City said fee simple title to said tract of land for the
public purposes and use by the City as set forth herein
and in the Statement and Petition, and are further
authorized to take any and all action they deem
necessary or desirable, to effectuate the purpose and
intent of the foregoing Resolutions.
Approved, thi~ J~ay of
~
. 1999.
CITY OF SCHERTZ, TEXAS
~AUf14~
MAYOR /
(SEAL)
Attest:
~~
City Secretary
52401 1.I/815094
-2-
October 27, 1997
Job No. 46068.00
Account No.:
C.SJ. No.:
County:
Highway:
Project Limits:
0025-10-063
Guadalupe
F.M.78
From: Bexar/Guadalupe County Line
To: F.lv1. 3009
FIELD NOTES FOR PARCEL 1
Being 0.012 of one hectare (0.030 of one acre) ofland, more or tess, .out ofthe Genobera
Malpaz Survey No. 67, Abstract No. 221, Guadalupe County, Texas, also being out of a
0.279 of one hectare (0.690 of one acre) tract orland described and conveyed unto Anthony
\V. Mays, Jr., MD., in a deed dated Apri16, 1994, and recorded in Volume 1090, Page 338,
Deed Records of Guadalupe County, Texas and more particularly described by metes and
bounds as follows:
BEGINNING at a point on the southeast right-of-way line ofF.M. 78 for the north comer
of said 0.279 of one hectare (0.690 of one acre) tract and this parcel and the west comer of
a 20' strip of land the remaining portion of a tract of land owned by Arthur E. Seiler as
described and recorded in Volume 330, Page 164, Deed Records of duadalupe County.
Texas; .
1. TIIENCE soum 280 42' 40" East, departing said right-of-way line with the common line
of said 20' strip ofland and the 0.279 of one hectare (0.690 of one acre) tract, a distance of
1.574 meters (5.16 feet) to a .'P.K." nail found for the east corner of this parcel; which point
is right 31.090 meters (102.00 feet) from and at a right angle to survey controlllne station
17+566.514; and from said concrete nail the east cotner of the 0.279 of one hectare (0:690
of one acre) tract bears SOUTH 280 42' 40" East and a distance of35.652 meters (116.97
feet);
2. TIIENCE SOUTII 620 13' 56" West, a distance of29.085 meters (95.42 feet) to a "P.K."
nail found for a reentrant comer of this parcel; which point is right 31.090 meters (102.00
feet) from and at a right angle to survey control line station 17+537.429;
3. TIIENCE SOUTH 270 46' 07" East, a distance of6.096 meters (20.00 feet) to a 1/2" rebar
set for a comer of this parcel; which point is right 37.186 meters (122.00 feet) from and at
a right angle to survey control line station 17+537.429;
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4.
~CE SOUIH 6r 13' 56" West, a distance of 11.429 meters (37.50 feet) to a 111" rebar
set fa the south comer of this parcel; which point is right 37.186 meters (122.00 feet) from
and ~t a tight angle to survey control line station 17+526.000;
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THENCE NORTH 270 46' 04" West, a distance of 7.006 meters (22.99 feet) to an <<X"
sa-ibM in a concrete curb on the southeast right-of-way line ofF.M 78 for the west comer
oftWs parcel; .
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THENCE NOR TH61 0 17' 33" East, with the common line of said right..of.way and the
nort~west tine of the 0.279 cfone hectare (0.690 of one acre) tract, a distance of40.494
metets (132.85 feet) to the POINT OF BEGINNING and containing 0.012 hectare (0.030
of oQe acre) of land more or less.
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The basis of;bearing recited herein is the Texas Department of Transportation G.P.S. datum. This
description ~ based on a survey performed on the ground under my supervision. There is a plat of
survey of ~Il date. . "-
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4'l(ft I~ f~; ~ ,. ~
Michael Haberert RPLS #250.r _ . .
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Note: En~ units are provided for information only.
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