1999R10- AUTHORIZING ACQUISITION OF CERTAIN REAL ESATATE - Anthony W. Mays, Jr. and Helen Delores Mays
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RESOLUTION OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ACQUISITION OF CERTAIN REAL ESTATE AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, in connection with the widening ofthe F .M. 78 right-of-way, the City of Schertz,
Texas (the "City"), on behalf of the State of Texas, must acquire certain property (collectively, the
"Property");
WHEREAS, included in the Property is a certain tract ofland owned by Anthony W. Mays,
Jr. and Helen Delores Mays (the "Mays Property"), more particularly described in a certain letter
dated July 26, 1999 (the "Letter"), a copy of which is attached hereto as Exhibit "A";
WHEREAS, in connection with the acquisition of the Mays Property, the City Council of the
City proposes that the City agree to the terms of the Letter;
WHEREAS, the acquisition of the Property and the terms of the Letter are deemed to be in
the best interests of the citizens of the City;
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AS FOLLOWS:
1. The City Council of the City hereby approves the terms of the Letter and authorizes
the City Manager to execute all documents necessary for the City to comply with the terms of the
Letter, as it may be amended to further the purposes of this Resolution, and to acquire the Property
(including, without limitation, the Mays Property) on behalf of the State of Texas;
2. The City Manager and other appropriate officers of the City are hereby authorized to
execute and deliver such additional documents, certificates, and instruments to further the purposes
of this Resolution and the acquisition of the Property as may be approved by the City Attorney;
3. Any and all actions taken by or on behalf of the City Manager prior to the adoption
of this Resolution in connection with the acquisition of the Property are in respects ratified,
confirmed, and approved; and
4. This Resolution shall be effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this the 3rd day of August, 1999
ATTEST:
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City Secretary, City of Schertz
(SEAL OF CITY)
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EXHIBIT "A"
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FUI-BRIG'-tT & JAWORSKI L..L.P.
A RECI."'ER&"D LllollTCO L......ILI,.,. ~A"TNEIt....'.
300 CO,..Vltfln STlI:II:;CT. SUITI:; a.Clo
56N ANTONIO. T~XAS ?l!Oe
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AU.T''''
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Las ANCllEloCa
L.ONOOH
MOHa; KeNG
Wft.TII[.... ClUU:CT ......... NUIo4U..:
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July 26, 1999
at: Purubaae Asreemem. FDr Mays' Right of Way
Mr. Ronald R. Flake
Adams " Plake
J 001 Pat Booker Road. Suite 200
TJIi.venal City, Texas 78148
VIA PACSIMlLI! AND U.S. POSl
Deu Ron:
Pursuam to our recem tcJephoae conferea.ae, p1cue allow tbit Illmer memorialize our
ap:ement regarding the City of Schertz'i (the "City's") purchase from Dr. Mays of the property
described in Exhibit A
The City lIIId Dr. Mays have asreed to the following:
· Dr. &ad Mrs. Mays will execute a deed oouveying the property described in Exhibit
A and
· the City will remit to Dr. and Mrs. Maya $11,400.00.
In aiidition. the City will use its best etfons to secure a Hazarcl Mitigation Gnnt from the FedeIaI
Emergency ~~~CDtA.8ency ("fBMA") to purcbasetheland am=tly owned by General navia.
wbioh abuu tbeMayat property. lhcCity '8I'ceI thai: ifFEMA awards the Hazard Mitiption ~
the City will ClOnstruct an uphll1tedldriveway area on that portion of the property cummt1y owned
by General Davis. which immedilUlly abuts the Mays' creekaide parlcin& to widen the driveway to
the south of that buildina aunmdy &ou.ina the QwImum Schertz HeeIth Ceater fbr the purposes crf
improving ac:c:aa to the Mays' property to aDd from Wuest Street.
Please review the a.u.a.e.t=d Deed. If you ha:ve any questions or suggestions regarding thi.
... doc;umatt,. please give me a call right a~. The City.is iD the process of drding a cbeck to the order
of Dr. and Mrs. Mays in the amount ofSl1.400.00.
P1eQe =-cute below memorializiDg that Dr. aDd Mrs, Mays have .gn::cd to the terms
delineated in this lener.
'l'tIlWt'7 ,...t~o..
July 26, ]999
Page 2
As always, if you havs any questionl reaarding this matter, pllJlse give me a call.
Very truly yours"
~~2~~
RPMIkyh
Enclosure
Dr. and Mrs. Msys have agreed 10 the terms lIS clclinc:atcd in thislettcr.
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llixW<lll Flake, attomcy r Dr. Mfa. Mays
':L
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EXHIBIT "A"
October 27, 1997
Job No. 46068.00
Account No.:
C.S.!. No.:
County:
Hjghway:
Project Limits:
0025-10-063
Guadalupe
F.M.78
From: Bexar/Guadalupe County Line
To: F.~1. 3009
FIELD NOTES FOR PARCEL 1
Being 0.012 of one hectare (0.030 of one acre) ofIand, more or less, out ufibe Genobera
Malpaz Survey No. 67, Abstract No. 221, Guadalupe County, Texas. also being out of a
0.279 of one hectare (0.690 of one acre) tract of land described and conveyed unto Anthony
\V. Mays, Jr., MD., in a deed dated April 6, 1994, and recorded in Volume 1090, Page 338,
Deed Records of Guadalupe County, Texas and more particularly described by metes and
bounds as follows:
BEGINNING at a point on the southeast right-of-way line ofF.M. 78 for the north cOIner
of said 0..279 of one hectare (0.690 of one acre) tract and this parcel and the west comer of
a 20' strip of land the remaining portion of a tract of land owned by Arthur E. Seiler as
described and recorded in Volume 330, Page 164, Deed Records of Guadalupe County,
Texas;
1. TIlENCE SOU1H 280 42' 40" East, departing said right-oC-way line with the common line
of said 20' strip ofland and the 0.279 of one hectare (0.690 of one acre) tract, a distance of
1.574 meters (5.16 feet) to a "P.K." nail found for the east comer ofthis parcel; which point
is right 31.090 meters (102.00 feet) from and at a right angle to swvey control line station
17+566.514; and from said concrete nail the east comer ofthe 0.279 of one hectare (0.690
of one acre) tract bears SOUTH 280 42' 40" East and a distance of35.652 meters (116.97
feet);
2. THENCE SOUTIi 620 13' 56" West, a distance of29.085 meters (95.42 feet) to a "P.K."
nail found for a reentrant 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+537.429;
3. 11IENCE SOUTH 270 46' 07" East, a distance of6.096 met~rs (20.00 feet) to a 1/2" rebar
set for a comer of this parcel; which point is right 37.186 meters (122.00 feet) from and at
a right angle to survey control line station 17+537.429;
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4. THENCE SOUTIi 62" 13' 56" West. . distance of I 1. 429 meten (37. 50 feet) to a 1/2" rchar
set fur the south comer of this parcel; which point is right 37. I 86 meters (122.00 feel) from
and at a right angle to survey control line station 17+526.000;
5. THENCE NORm 27. 46' 1)4" West, a distance of 7.006 melen (22.99 feel) to an "X"
5tribed in a concrete curb on the southeast right-of-way line ofF.M 78 for the west comer
of this parcel;
6. THENCE NORTH 61. 17' 33" East, with the common line ofuid right-of.waYand the
noni\west Une ofthe 0.279 of one hectare (0.690 of one acre) lrac~ a distance of 40.494
metei. (132.85 feet) 10 the POlNT OF BEGINNING and containing 0.012 hectare (0.030
of orle acre) ofland more or Jess.
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The basis otbearing reciled herein is the Texas Departmenl ofTtanspotta!ion G.P.S. datum. This
description ii based on a survey Performed on the !lIllUnd under my SUpervision. There is a plat of
survey of ""Jell date. .
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Note: Engli~ units are provided for information only.
~(;;L/ /~ ~~ -; . ..
Michael Haberer, RPLS #2S0r_
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CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
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COUNTY OF GUADALUPE
CITY OF SCHERTZ, TEXAS
I, City Secretary of the City of Schertz, Texas, HEREBY CERTIFY that:
1. On the :!.Ju;L of ~ . 1999, the City Council (the Council) of the City
of Schertz, Texas (the City) convened in regular session at its regular meeting place (the Meeting)
in the City Hall of the City, the duly constituted members of the Council being as follows:
Hal Baldwin
Pia Jarman
Joe Potempa
Reginna Agee
Glyn D. Williams
Ken Greenwald
and all of such persons were present at the Meeting, except the following:
Among other business considered at the Meeting, the attached resolution (the
Resolution) entitled:
RESOLUTION BY THE CITY OF SCHERTZ, TEXAS AUTHORIZING
ACQUISITION OF CERTAIN REAL ESTATE AND OTHER MATTERS IN
CONNECTION THEREWITH
was introduced and submitted to the Council for passage and adoption. After presentation and due
consideration of the Resolution, a motion was duly made that the Resolution be finally passed and
adopted. The motion was seconded and carried by the following vote:
~ voted "For" 0 voted "Against" 0 abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council on the date of the
Meeting are those persons shown above, and, according to the records of my office, each member
of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual
notice that the Resolution would be considered; and the Meeting and deliberation of the aforesaid
581110.1
public business, including the subject of the Resolution, was posted and given in advance thereof in
compliance with the provisions of Chapter 551, as amended, Texas Government Code.
IN WITNESS ~RE?F, I have signed my name officially and affixed the seal of the
City, this $A:.L day of ~ ' 1999.
~ ~~4e-/
City Secretary
City of Schertz, Texas
(CITY SEAL)
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