1998R6 - EMINENT DOMAIN PROCEEDINGS - RIGHT OF WAY FM 78 - DONALD C HOLMAN 204 FM 78
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RESOLUTION NO. ff-.e-~
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMINENT DOMAIN PROCEEDINGS ON
CERTAIN REAL ESTATE AND OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, in connection with the widening of the FM 78 right-of-way, the
City of Schertz, Texas (the "City) must acquire certain property to be used for the
expanded right-of-way and to provide new public parking spaces to replace
existing parking that will be lost when FM 78 is widened; and
WHEREAS, the City Council of the City proposes to acquire the property
currently owned by Mr. Donald C. Holman (the "Landowner") and located at 204
FM 78, Schertz, Texas (the "Property"), more particularly described in the metes
and bounds description thereof attached to this Resolution as Exhibit A; and
WHEREAS, the acquisition of the Property by the City is deemed to be in
the best interests of the citizens of the City because public welfare and
convenience will be served by the acquisition of the Property and by the
improvements to be constructed thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AS FOLLOWS:
SECTION 1. The City Council of the City hereby authorizes the City
Manager to take steps to initiate eminent domain proceedings on the Property
with the Landowner and all other persons having an interest in the Property and
to take such further steps and execute such documents as are necessary for the
City to acquire the Property and further ratifies the actions taken by the City
Manager prior to the date of this Resolution in connection with the subject matter
hereof.
SECTION 2. The City Manager and other appropriate officers of the City
are hereby authorized to execute and deliver such additional certificates and
instruments to further the purposes of this Resolution and the acquisition of the
Property by the City as may be approved by the City Attorney.
SECTION 3. This Resolution shall be effective immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED this iJJi day of May, 1998.
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Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
(SEAL OF CITY)
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IDENTIFICATION OF THE SUBJECT PROPERTY
The property located at 204 F.M. 78 Schertz, Guadalupe County,
Texas is legally described as:
;280 acre tract out of the G. Malpaz Survey No. .67, situated in
Schertz, Guadalupe County, Texas, and being more particularly
described by metes and bounds as follows, to-wit:
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BEGINNING at an iron set on the South Right-of-Way line of F.M.
Hwy. 78, said point being S. 61 degs. 59' W, 227.59 ft. from the
West Right-of-Way line of 1st Street for the Northeast corner of
this tract.
THENCE S 28 degs. 01' E, along a line parallel to the E. line of
Lot 9, a distance of 111.11 ft. to an iron pin set on the North
Right-of-Way line of Wuest St. for the Southeast corner of this
tract.
THENCE S 61 degs. 59' W, along the North Right-of-Way line of Wuest
St. 125.67 ft. to an iron pin set for the Southwest corner of this
tract.
THENCE N 11 degs. 30' W, a distance of 92.86 ft. to an iron pin set
for a corner of this tract.
THENCE N 45 degs 00' W, 12.3 ft. to an iron pin set for a corner of
this tract.
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THENCE N 25 degs. 47' E, a distance of 17.45 ft. to an iron pin set
on the South Right-of-Way of F.M. Hwy. 78, for the Northwest corner
of this tract.
THENCE N 61 degs. 59' E, along the South Right-of-Way line of F.M.
Hwy. 78, a distance of 88.78 ft. to the point of beginning and
containing 0.280 acres of land.