1992R05- NATIONAL CREDIT UNION SHARE INSURANCE FUND
RESOLUTION NO. ;7,? -J?-6-
A RESOLUTION
APPROVING ACQUISITION OF 1.728 ACRES OF LAND
IN GUADALUPE COUNTY, TEXAS, FROM THE
NATIONAL CREDIT UNION SHARE INSURANCE FUND
WHEREAS, the City of Schertz has diligently sought a
site appropriate for the construction and operation of an
animal shelter to serve the citizens of the City of Schertz;
and
WHEREAS, the City Manager has identified a site
located at 1298 Borqfe1 d Road
which is appropriate for such purpose; and
WHEREAS, The City Manager has negotiated a
price for such property which he believes to be in
interests of the City of Schertz and the citizens
NOW THEREFORE,
purchase
the best
thereof;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
Section 1. The City Council hereby approves the
acquisition of 1.728 acres of land (the "Real Estate") from
the National Credit Union Share Insurance Fund, as agency of
the United States of America, acting through its agent,
National Credit Union Administration (the "Seller"), which
real property is more particularly described in Exhibit A
attached hereto and made a part hereof for all purposes, on
the terms described in a Real Estate Contract dated December
3, 1991 (the "Contract") between the City of Schertz and the
Seller.
Section 2. The Mayor, the City Secretary, and the
City Manager and other appropriate officers of the City of
Schertz are hereby authorized, whether separately, jointly,
or severally, to execute and deliver such other documents,
instruments, certificates, or papers necessary and
appropriate to carry out the acquisition of the Real Estate
and to make payment for such property all in accordance with
the terms of the Contract.
Section 3. The actions of the City Manager and other
appropriate officers of the City of Schertz to the date
hereof with respect to the acquisition of the Real Estate
are hereby ratified and confirmed.
Section 4. The recitals contained in the preamble
hereof are hereby found to be true, and such recitals are
hereby made a part of this Resolution for all purposes and
are adopted as a part of the judgment and findings of the
City Council of the City of Schertz.
Section 5. All ordinances and resolutions, or parts
thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the
extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters
resolved herein.
Section 6. This Resolution shall be
enforced in accordance with the laws of the
and the United States of America.
construed and
State of Texas
Section 7. If any provision of this Resolution or
application thereof to any person or circumstance shall
held to be invalid, the remainder of this Resolution and
application of such provision to the other persons
circumstances shall nevertheless be valid, and this
Council hereby declares that this Resolution would have
enacted without such invalid provision.
the
be
the
and
City
been
Section 8. It is officially found, determined, and
declared that the meeting at which this Resolution is
adopted was open to the public and public notice of the
time, place, and subject matter of the public business to be
considered at such meeting, including this Resolution, was
given, all as required by Texas Revised Civil Statutes
Annotated, Article 6252-17, as amended.
Section 9.
effect from and
resolved.
This
after
Resolution shall be in
its final passage, and
force
it is
and
so
PASSED,
APPROVED
,1] II'I! ;'L
tI
AND ADOPTED this
, 1992.
the_~/J
day of
ATTEST:
y Secretar , City of Schertz
Project No. 1122.52
February 25, 1992
revised 4121/92
(EXHillIT A)
FIELDNOTES FOR A 1.728 ACRE TRACT
SCHERTZ ANIMAL SHELTER
CITY OF SCHERTZ
FIELDNOTES for a 1.728 acre tract of land, out of the G. Malpez Sw'Vey No. 67
situated in Guadalupe County, Texas. The said 1.728 Acre Tract also being a part
of the land conveyed to CDR Investment and recorded in Volume 718, page 174, of
the Deed Records of Guadalupe County, Texas. The said 1.728 Acre Tract being
more particularly described in metes and bounds as follows:
BEGINNING at 1/2" iron rod found in the south line of Borgfeld Road, and the
westerly line of the C.D.R Drainage RO.W. as recorded in Volume 4, page 351,
Guadalupe County Plat Records, Guadalupe County, Texas, said point being
S 63' 02' 51" W, 885.56 feet from the Centerline intersection of Borgfeld Road and
Deitz Road;
THENCE, with the westerly line of said C.D.R Drainage ROW. along a curve to
the left whose radius is 284.94 feet and whose central angle for is 91" 22' 21" an arc
distance of 454.41 feet to the end of said curve;
THENCE, N 60' 04' 53" E continuing with the westerly line of said drainage right-
of-way a distance of 14.36 feet to a point intersecting an existing 25' Sanitary Sewer
Easement as recorded in the Deed Records, Volume 497, page 642, Guadalupe
County, Texas;
THENCE, S 62' 55' 07" E with said 25' Sanitary Sewer Easement 27.51 feet to a
1/2" iron rod found on the south line of said C.D.R Drainage RO.W., said point
being on the north line of the Gutierrez Disposal Sanitary Landfill Tract as
recorded in the Deed Records, Volume 653, page 801, Guadalupe County, Texas;
THENCE, S 60' 04' 16" W with the north line of the said Gutierrez Disposal
Sanitary Landfill Tract a distance of 473.66 feet to a 1/2" iron rod set of the south
corner of the survey;
THENCE, N 29' 49' 23" W, a distance of 323.16 feet to a 1/2" iron rod found in the
south right-of-way line of said Borgfeld Road, said point being the west corner of
this survey;
THENCE, N 63' 02' 51" E, with the south line of said Borgfeld Road a distance of
159.13 feet to the POINT OF BEGINNING and containing 1.728 acres ofland.
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~~"CHERl'~~
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t." t.IO - 1400 SCHERTZ PARKWAY
P. O. DRAWER 1
~ ~ SCHERTZ, TEXAS 78154.0S90
~Rro"'" AC (512) 65S.5321
FAX # (512) 659-3204
KERRY R. SWEATf
OTY MANAGER
April 22, 1992
Ms. Vicki Novak
Assistant Vice President
Alamo Title Company
645 Lockhill-Selma Road
San Antonio, Texas 78216
r,.--,.:._,_.,',i:_
':;:;-.{ ,.---"
Re:'C.ity.of Schertz Purchase - 1.728 Acre Tract
..... '" {';Nationa1 Credit Union Share Insurance Fund
f
Ms. Novak:
-~;".'.'.>.'
;.'-..-.--"_.,
'1\!ii,"Q@i'!dl'sbussed with Maq, attached is a revised fieldnote
description' for the 1.728 acre tract of land proposed for
purchase by the City of Schertz. Also attached is a copy of
thev,original fieldnotes with the incorrect call outlined in
red.i./with...."'a notation for the correct amount. We have
subs~itutedthe correct description in each of the documents.
Enclosed 'is the City of
thEli.Cllllount of $14, 06l.
amount;"
Schertz check number 2340, drawn in
submitted as payment of the closing
f,
I
Also enclosed is the settlement form and notice to purchaser
documents (with corrected fieldnote description attached)
executed in behalf of the City of Schertz, together with City
of Schertz Resolution authorizing the purchase and execution.
Please let us know if we may furnish other information or be
of assistance in any way.
Thank you.
sinc~l.,e elly,
~L~
Kerry R. Sweatt
city Manager
KRS/db
Encl: As Stated
cc: Michael Spain, Attorney
~une Krause, City Secretary
Steve Simonson, Assistant city Manager