1998R10- AFC ENTERPRISES, INC.
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RESOLUTION OF THE CITY COUNCil OF THE CITY OF
SCHERTZ, TEXAS APPROVING A STATEMENT AND
PETITION IN CONDEMNATION RELATING TO AFC
ENTERPRISES, INC.
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 for FM 78 along a route in Guadalupe County
Texas; and
WHEREAS, in connection therewith, the City hereby
finds and determines 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, thrQugh 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 of land 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 Resolution.
Approved, thisUdayof ,'f:jn.JM.L'It-L-, 1998.
CITY OF SCHERTZ, TEXAS
~
MAYOR
(SEAL)
Attest
~~~~
ity Secretary
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CAUSE NO.
CITY OF SCHERTZ, TEXAS
S IN THE DISTRICT COURT
S
s
9 TH JUDICIAL DISTRICT
S
S
9 GUADALUPE COUNTY, TEXAS
VS.
AFC ENTERPRISES, INC. AND
CANADIAN IMPERIAL BANK OF
COMMERCE
STATEMENT AND PETITION IN CONDEMNATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the City of Schertz, Texas, hereinafter referred to as "Plaintiff," complaining
of AFC Enterprises, Inc. and Canadian Imperial Bank of Commerce, hereinafter referred to as
"Defendants," whether one or more, and would respectfully show as follows:
1.
Plaintiffis a Home Rule City, with authority to exercise the power of eminent domain as set
out in Section 251.001 of the Texas Local Government Code. Defendants are property owners in
Guadalupe County, Texas. Defendant APC Enterprises, Inc. is a foreign corporation registered to
do business in Texas and may be served with process by and through its agent, Prentice-Hall
Corporation, 800 Brazos, Austin, Texas 78701. Defendant Canadian Imperial Bank of Commerce
may be served with process by and through its agent, Roger Long, 909 Fannin, Suite 1200, Houston,
Texas 77010.
II.
Plaintiffis engaged in the establishment, location, construction, I1lllintenance and widening of
. a street and utility right-of-way, FM 78. In accordance with the laws and statutes of this State,
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V.
Plaintiff specifically alleges that it cannot agree and has failed to agree with Defendants on the
value of the Property, the improvements located thereon, and the damages, if any, to the remainder
land owned by Defendants, although Plaintiff has heretofore in good faith attempted to reach such
agreement with the Defendants, and has made the Defendants a fair offer for the same. Such offer
has been refused and any further attempt by Plaintiff to agree with Defendants would be futile, and
Plaintiff has no recourse but to seek condemnation of the Property, and any improvements located
thereon, for the above stated public purpose and use.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that three disinterested
freeholders be appointed as Special Commissioners to assess the damages of Defendants as required
by law and to file their written decision and award, all as provided by law, to the end that Plaintiff
shall have a final judgment and decree of condemnation vesting in Plaintiff the Property and all
improvements thereon, for writ of possession and any other process necessary to enforce the
condemnation award and judgment, for costs of suit, for pre-judgment and post-judgment interest,
and for such other and further relief, general and special, at law and in equity, to which Plaintiffmay
show itself justly entitled.
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3. THENCE SOUTII 62"13'56" West, crossing the 0.073 of one hectare (0.180 of one acre)
tract, a distance of26.897 meters (88.24 feet) to a concrete nail set in asphalt on the common.
line of the 0.073 of one hectare (0.180 of one acre) tract and the aforementioned 0.027 of one
hectare (0.066 of one acre) tract for the south 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+836.252;
4. THENCE NORTH 20026'39" West, with the above mention common line, a distance of
6.375 meters (20.92 feet) to the POINT OF BEGINNING and containing 0.017 of one
hectare (0.042 qf one acre) ofland more orless.
The basis of bearing recited herein is the Texas Department of Transportation G.P,S. datum. This
description is based on a survey performed on the ground under my supervision. There is a plat of
survey of even date.
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