2007R40-Condemnation-Susan E. Seekatz-Alice A. Schaefer
RESOLUTION NO. 07-R-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO SUSAN E. SEEKA TZ AND
ADELHEID S. REEH, EACH INDIVIDUALLY AND AS CO-EXECUTOR
OF THE ESTATE OF ALICE A. SCHAEFER
WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined
that public welfare and convenience requires the improvement and realignment of a portion of
Schwab Road and the improvement of drainage infrastructure related thereto in the City in
Comal County, Texas; and
WHEREAS, in connection therewith, the City has found and determined and 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 drainage right-of-way tract of land in Comal 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 drainage right-of-way tract of land in Comal 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 improvement
and realignment of a portion of Schwab Road and the improvement of drainage infrastructure
related thereto in the City in Comal County, Texas; and
Section 3. As negotiations to acquire the fee simple title to the drainage right-of-way
tract of land described in the Statement and Petition have been unsuccessful, the officers, agents,
employees and/or attorneys of the City have been, on August 21,2007, and each individually is
hereby confirmed to have been authorized on such date 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 drainage right-of-way 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.
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Approved, this 4th day of September, 2007.
MAYOR
(SEAL)
Attest:
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