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74-K-36- DRAINAGE EASEMENT THE STATE OF. TEXAS I COUNTY OF GUADALUPE I CITY OF SCHERTZ I On this, the 17th day of September, 1974, at 7:00 o'clock P.M. the City Council of the City of Schertz, Texas, convened at a regular meeting at the regular meeting place in the Municipal Building of said City in the City of Schertz, ~exas, which meeting was at all times open to the public, and at which meeting the following members were present, to-wit: ROBERT C. BUEKER MRS. NELL G. FUNK ROBERT E. SCHWARTZ TOM KOOLE DONALD J. SEEBA MRS. BOBBIE L. KOCH MRS. JUNE G. KRAUSE DENNY L. ARNOLD MAYOR ALDERWOMAN ALDERMAN ALDERMAN ALDERt'1.AN ALDERWOMAN AND (;ITY SECRETARY CITY MANAGER There being ,a quorum present, the meeting was called the following: to order by the Hayor; and, among other proceedings had were The Mayor introduced the following captioned ordinance which was read in full by the City Manager. Councilmember ~~~ moved that said ordinance be considered by , , the Council as an emergency measure, which motion was seconded br Councilmember _1.; o~. Whereupon said motion was fully discussed and considered. The Mayor put the motion to consider said ordinance as an emergency measure to the members of the City Council and said motion was approved and adopted by the following vote: AYES: All members shown present voted "AYE" NAYS: None The Mayor then introduced the hereinafter set forth ordinance as an emergency measure. Thereupon it was moved by Councilmember CJ"---' and seconded by Council- member ...)<,,:-1_ that said ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council and the ordinance was finally passed and adopted by the following vote: AYES: All members present voted "AYE" NAYS: None . . , . ::fI f7/f-k-3h AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, TO EXECUTE AN INSTRUMENT CANCELLING AND REVOKING THAT CERTAIN DRAINAGE EASEMENT HERETOFORE CONVEYED TO THE CITY BY BECK CONCRETE COMPANY ON THE 20TH DAY OF SEPTEMBER, 1972, AND DECLARING AN DlERGENCY. ..***.*_...*....-.-._--.*.-..*.._.._..-.*.....*.._.._-._*....... WHEREAS, Beck Concrete Company of San Antonio, Tesas, heretofore conveyed to the City of Schertz, Texas, an easement for drainage purposes upon and across the hereinafter described property; and WHEREAS, it has since been determined that an alternate easement would be more satisfactory for drainage purposes; and WHEREAS, said ,Beck Concrete Company has agreed to con- vey to the City the desired alternate easement in consideration .of the City's cancelling and revoking the easement heretofore granted to'it; and WHEREAS, the City Council now desires to authorize and direct the Mayor and City Secretary to execute the necessary in- strument to cancel and revoke the easement heretofore granted by Deck Concrete Company dated September 20, 1972; NOW, THEREFORE, BE IT ORDAINED DY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: That the Mayor and City Secretary of the City of Schertz, , Texas, are hereby authorized and directed to execute any and all instruments necessary to cancel and revoke that certain easement heretofore granteq to the City by Beck Concrete Company by convey- ance dated September 20, 1972, and recorded in Volume 458, Pages 734-736, Deed Records of Guadalupe County, Texas, upon and across the following described property in the County of Guadalupe, State of Texas, more particularly described as follows: That certain tract of land situated in the G. Malpaz Survey No. 67, Guadalupe County, Texas, described in deed from Arthur Schneider, et aI, to V. J. Keefe et ux, dated August 3, 1960, recorded in Volume 334, Page 170 of the Deed Records of Guadalupe County, Texas, and being now more fully described as follows. BEGINNING at a point, which point is N60. W, 89.2 feet and 530. E, 250.0 feet from the northernmost or north- east corner of the V. J. Keefe 243.088 acre tract out of the G. Malpaz Survey No. 67, Guadalupe County, Texas, and which point is the northernmost corner of the easement herein described; THENCE 530. E at 184.2 feet past a corner of the Methodist Cemetery tract, a total of 567.5 feet to the southwest corner of said Methodist Cemetery tract; THENCE N60. E with the south line of said Methodist Cemetery tract 150.0 feet to the southeast corner of said Methodist Cemetery tract, a corner of the said v. J. Keefe tract; THENCE S30. E with the east line of said V. J. Keefe tract 1,229.7 feet to the southeast corner of said v. J. Keefe tract; THENCE in a southerly direction with the south line of said V. J. Keefe tract to a point, which point is in a line parallel with the 50 feet distant from the east line of the said V. J. Keefe tract, and is the southernmost corner of the easement herein described; THENCE N 30. W along a line parallel with and 50 feet distant from the said east line of the V. J. Keefe tract; 1,265 feet, more or less, to a point, which point is 530. E, 50 feet from the south line of the Methodist Cemetery tract; THENCE S60. W, 150.00 feet to a point; THENCE N30. W, 617.5 feet to a point; THENCE N60. E 50.0 feet to the point of BEGINNING; containing 2.284 acres, more or less. The nuhlie imnortance of this measure constitutes and and creates an ur~cnt ouhlic necessity requiring ttlat this ordinanc~ he n~ssed And take effect as nn emergency measure , ~nd this orrlinancc is accordin81y passed as nn emergency measure, -anri shall talte effect and be in force immediately upon,and after its passage. PASSED, ADOPTED AND APPROVED on this, the J ijL~J<-v~ 19;.4. F7d: day of , /~, , A;t&tt (? Moyor ----:> . ,L)u<h./ ATTEST: 9t~ AO' / ..J.j . jz~I.r:t .HAl '- ty Secretary (SEAL) THE STATE OF TEXAS x X X ABANDONMENT OF EASEMENT COUNTY OF GUADALUPE WHEREAS, Beck Concrete Company of San Antonio, Texas, heretofore conveyed a drainage easement to the City of Schertz, Texas; said easement being described in a conveyance of record in Volume 458, Pages 734-736, Deed Records of Guadalupe County, Texas; and WHEREAS, it has since been determined that the easement so conveyed is insufficient for drainage purposes and said Beck Concrete Company has by conveyance of even date herewith, conveyed an alternate easement to said City; and WIIEREAS, the City of Schertz, Texas, now desires to a~andon and cancel the eaSCluent heretofore granted by Deck Con- crete Company; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City af Schertz, Texas, a municipal corpora- tieD, for and in consideration of the sum of Ten and No/lOa ($10.00) and other good and valuable cash consideration in hand paid by Deck Concrete Company, receipt of which is hereby acknowledged, does hereby CANCEL, REVOKE, and HOLD FOR NAUGHT the drainage ease- ment heretofore conveyed to it by said Beck Concrete Company by conveyance dated September 20, 1972 and recorded in Volume 458, Pages 734-736, Deed Records of Guadalupe County, Texas, for the drainage and disp~sition of surface water, together with the ne- cessary appurtenances and incidentals thereto, in, along, upon and across the following described property situated in the County of Guadalupe, State of Texas, more particularly described as follows: That certain tract of land situated in the G. Malpaz Survey No. 67, Guadalupe County, Texas, described in deed froln Arthur Schneider, et aI, to V. J. Keefe, et ux, dated August 3, 1960, recorded in Volume 334, Page 170 of the Deed Records of Guadalupe County, Texas, and being now more fully described as follows: BEGINNING at a point, which point is N60. W, 89.2 feet and S30. E, 250.0 feet from the northernmost or north- east corner of the V. J. Keefe 243.088 acre tract out of the G. Malpaz Survey No. 67, Guadalupe County, Texas, and which point is the northernmost corner of the easement herein described; THENCE S30. E at 184.2 feet past a corner of the Methodist Cemetery tract, a total of 567.5 feet to the southwest corner of said Methodist Cemetery tract; THENCE N60. E with the south line of said Methodist Cemetery tract 150.0 feet to the southeast corner of said Methodist Cemetery tiact, a corner of the said v. J. Keefe tract; THENCE 530. E with the east line of said V. J. Keefe tract 1,229.7 feet to the southeast corner of said v. J. Keefe tract; THENCE in a southerly direction with the south line of said V. J. Keefe tract to a point, which point is in a line parallel with the 50 feet distant from the east line of the said V. J. Keefe tract, and is the southernmost cprner of the easement herein described; THENCE N 30. W along a line parallel with and 50 feet distant from the said east line of the V. J. Keefe tract, 1,265 feet, more or less, to a point, which ~oint is 530. E, 50 feet from the south line of the Methodist Cemetery tract; THENCE S60. W, 150.00 feet to a point; THENCE N30. W, 617.5 feet to a point; THENCE N60. E 50.0 feet to the point of BEGINNING; containing 2.284 acres, more or less. EXECU1'ED this, the /7ti: day of ~-Z::J}-VI , , 1974. CITY OF SCHERTZ, TEXAS , ,/;, "('- ,Z' //.. ,":(<- - '-.-' Mayor --, / ~;~2;.1J~,,~;L'-L/ ATTEST: fj(;~~,..:!!"l~". , (SEAL) THE STATE OF TEXAS X COUNTY OF X BEFORE ME, the undersigned authority, on this day personally appeared ROBERT C. BUEKER, Mayor of the City of Schertz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same fo~ the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this, the J. 3hn! day of September, 1974. rAA / J:-r. L~ rLUA-Y otary pURlic in and for ...Jj"Arin.J),t'_ County, Texas vo~ 494 1~.I: 349 CITY OF SCHERTZ TO BECK CONCRE1E CO. ABANDON:!IJIlllIT OF EASEliENT ..c'Gj.- "'; ."\ . THE STATE OF TEXAS x X X ABANDONMENT OF EASEMENT COUNTY OF GUADALUPE WHEREAS, Beck Concrete Company of San Antonio, Texas, heretofore conveyed a drainage easement to the City of Schertz, Texas; said easement being described in a conveyance of record in Volume 458, Pages 734-736, Deed Records of Guadalupe County, Texas; and WHEREAS, it has since been determined that the easement so conveyed is insufficient for drainage purposes and said Beck Concrete Company has by conveyance of even date herewith, conveyed an alternate easement to said City; and WHEREAS, the City of Schertz, Texas, now desires to abandon and cancel the easement heretofore granted by Beck Con- crete Company: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Schertz, Texas, a municipal corpora- tion, for and in consideration of the sum of Ten and No/lOa ($10.00) and other good and valuable cash consideration in hand paid by Beck Concrete Company, receipt of which is hereby acknowledged, does hereby CANCEL, REVOKE, and HOLD FOR NAUGHT the drainage ease- ment heretofore conveyed to it by said Beck Concrete Company by conveyance dated September 20, 1972 and recorded in Volume 458, Pages 734-736, Deed Records of Guadalupe County, Texas, for the drainage and disposition of surface water, together with the ne- cessary appurtenances and incidentals thereto, in, along, upon and across the following described property situated in the County of Guadalupe, State of Texas, more particularly described as follows: That certain tract of land situated in the G. Malpaz Survey No. 67, Guadalupe County, Texas, described in deed from Arthur Schneider, et aI, to V. J. Keefe, et ux, dated August 3, 1960, recorded in Volume 334, Page 170 of the Deed Records of Guadalupe County, Texas, and being now more fully described as follows: VDL 494 t\tE 350 BEGINNING at a point, which point is N60. W, 89.2 feet and S30. E, 250.0 feet from the northernmost or north- east corner of the V. J. Keefe 243.088 acre tract out of the G. Malpaz Survey No. 67, Guadalupe County, Texas, and which point is the northernmost corner of the easement herein describedj THENCE S30. E at 184.2 feet past a corner of the Methodist Cemetery tract, a total of 567.5 feet to the southwest corner of said Methodist Cemetery tract; THENCE N60. E with the south line of said Methodist Cemetery tract 150.0 feet to the southeast corne~ of said Methodist Cemetery tract, a corner of the said V. J. Keefe tract; THENCE S30. E with the east line of said V. J. Keefe tract 1,229.7 feet to the southeast corner of said V. J. Keefe tract; THENCE in a southerly direction with the south line of said V. J. Keefe tract to a point, which point is in a line parallel with the 50 feet distant from the east line of the said V. J. Keefe tract, and is the southernmost corner of the easement herein described; THENCE N 30. W along a line parallel with and 50 feet distant from the said east line of the V. J. Keefe tract, 1,265 feet, more or less, to a point, which point is S30. E, 50 feet from the south line of the Methodist Cemetery tract; THENCE S60. W, 150.00 feet to a point; THENCE N30. W, 617.5 feet to a point; THENCE N60. E 50.0 feet to the point of BEGINNING; containing 2.284 acres, more or less. EXECUTED this, the /7 t#: day of ~t~J-R.fl.' , 1974. CITY OF SCHERTZ, TEXAS / .~ :t!d //; - _4. f...-...- Mayor .-~ /" 1)~~-<./ ATTEST: 'i#,~~!!.i<;. h u, , '\ ..' '.. (' . ,. } '. 1> c... '. ... : ,-(-SEll. l \. ... '-,.. .r ,~."'" . ,r . ~. / ~\ i. .....", I' ..... ~ ,. 'll \ VOL 494 I,\LE 351 THE STATE OF TEXAS X COUNTY OF X BEFORE ME, the undersigned authority, on this day personally appeared ROBERT C. BUEKER, Mayor of the City of Schertz, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same fOE the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this, ,the ~ 3".n/ day of September, 1974. a 0.1, r. C "; -\"' ~'" ...... &-, .' '- .0" ~ ......\~. ". . -,."Ie''i - . - .'.- 'L'" . ~_ ... .w " :.. .., ~ ......\. :1.; . y-:... oJ- /' ... ~~'. ~',. ,'" \ ...."'..'. ,..... .;,. ..\ .........: ,,~". ..' ",,'" . 0;'-"111 ~ ~,.., r:~ . ~ !.<n/)A~A Q otary pUklic in and for ...dj..... A tJ,., ().fO- County, Texas 1 THE STATE OF TEXAS County of Guadalupe } I. FRANK SCHMIDT. Clerk of the County Court in J and rz.ia~ounty. do hereby certify that the foregoing instrument of writing dated the1.Z..day of ......... .. ~jl............ 1974., with its certificates of authentication. was filed for Record in my office the........~..._.......day Of....~.. 197 fI:. at.......t...~..~.'?................o.clock..f..M.. and duly recorded the.q...... n' ..day of...~~.'~~~J7 4, at......t.I2..!...~..~...........o'clock.&..M., in............ .' '.f t/- ............DEED.... ...........Record of)aid County in Vo~.........:t::.1.............._.... on Pages....!,.!I:.<1.~..::i=L.......... . . ,; WITNESS my hand and tbe~searof the CountjL.Court of said County, at office in Seguin, Texas. . ~. " Qand year last written alf\)ve. ' .. ;' " ..... . ~.~..&a~~.~...~.....Deputy FRANK SCHMIDT. Clerk ...... ...................___._.._ ,..nn ..n. .n.....__.. ... ............ County Court, Guadalupe County,