2008R25-Condemination Cynthia Hernandez-William Bailey
RESOLUTION NO. 08-R-25
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO CYNTHIA HERNANDEZ AND
WILLIAM D. BAILEY, AS SUCCESSORS TO WILLIAM M.
HENDERSON
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 easement and a temporary construction
easement in Guadalupe County, Texas, 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 easement and a temporary construction easement in Guadalupe
County, Texas, 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 easement
and a 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 easement and a 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.
50078328.2
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Approved, this 13th day of May, 2008.
crr~zZ/HERTZ' TEXAS
Q6Rk
(SEAL)
Attest:
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...City ecretary
Resol H-B Cond.doc
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