2008R23-Condemination-Robert Dale
RESOLUTION NO. 08-R-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO ROBERT M. DALE AND JUNE E.
DALE
WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined
that public welfare and convenience requires the construction of a sewer line in the City of
Cibolo in Guadalupe 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 sewer line temporary construction easement 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 sewer line temporary construction easement 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 construction
of the Town Creek Sewer Line in the City ofCibolo in Guadalupe County, Texas; and
Section 3. As negotiations to acquire the fee simple title to the sewer line temporary
construction easement described in the Statement and Petition have been unsuccessful, the
officers, agents, employees and/or attorneys of the City are, and each individually is hereby
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
sewer line temporary construction easement 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.
50078334.2
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Approved, this 13th day of May, 2008.
TZ, TEXAS
(SEAL)
Attest:
G;<~ (~=~tA^l~
ity Secretary
50078334.2
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