1975U11
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THE STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ
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On this, the 20th day of May, 1975, 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, Texas, which
meeting was at all times open to the public, and at which meet-
ing the following members were present, to-wit:
ROBERT C. BUEKER
NELL G. FUNK
DONALD J. SEEBA
WALTER F. SCHNEIDER
ED L. SHARPE
GAIL HYATT
MAYOR
ALDERWOMAN
ALDERMAN
ALDERMAN
ALDERMAN
ALDERWOMAN
AND
JUNE G., KRAUSE
DENNY L. ARNOLD
CITY SECRETARY
CITY MANAGER
There being a quorum present, the meeting was called to
order by the Mayor; and, among other proceedings had were the
following:
The Mayor introduced the following captioned ordinance
which was read in full by the City Manager. Councilmember
~,~o~ moved that said ordinance be considered by
the Council as an emergency measure, which motion was seconded
by Councilmamber ~~~ Whereupon said motion
was fully discussed and considered. The Mayor put the motion to
consider said ardinance 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
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The Mayor then introduced the hereinafter set forth
ordinance as an emergency measure. Thereupon it was moved
by Councilmember --!21 ;v n r ' ./
Councilmember _ J p . }H'!' ./
and seconded by
that said ordinance be
finally passed 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
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ORDINANCE NO. 17-~-t) -j I
AN ORDINANCE
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING THE MAYOR TO ACCEPT A TRANSFER
OF EASEMENT AND ASSIGNMENT OF LICENSE AGREE-
MENT WITH SOUTHERN PACIFIC TRANSPORTATION
COMPANY FROM URBAN RENEWAL AGENCY OF THE
CITY OF SCHERTZ: AND DECLARING AN EMERGENCY.
WHEREAS, the Urban Renewal Agency of the City of Schertz,
Texas has been granted certain right-of-way easements by the
Southern Pacific Transportation Company by Easement dated Novem-
ber 17, 1971 from the Southern Pacific Transportation Company;
and
WHEREAS, the Urban Renewal Agency of the City of Schertz,
Texas has been granted a license for an 8-inch water pipeline
crossing by the Southern Pacific Transportation Company by a
License Agreement dated July 15, 1971; and
WHEREAS, said Agency pursuant to the close out of its
Urban Renewal Project, Buffalo Valley North Tex. R-112, wishes
to transfer and assign all of its right, title and interest,
including duties and obligations concerning the above reference
Easement and License Agreement to the City of Schertz, Texas as
its successor-in-interest; NOW, THEREFORE
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
1. The Mayor of the City of Schertz is authorized to
accept and execute a Transfer of Easement and Assignment of License
from the Urban Renewal Agency of the City of Schertz, true and
correct copies of which are attached hereto as Exhibit "A" and
"B", respectfully, which Transfer and Assignment are hereby in all
things approved.
2. The acceptance and approval of the Assignment of
License, Exhibit "B" is subject to obtaining the written consent
of the Southern Pacific Transportation Company to said Assignment.
3. The Public imoortance of this measure constitutes
and creates an urgent public necessity requiring that this or-
dinance be passed and take effect as an emergency measure, and
shall take effect and be in force immediately upon and after its
passage.
PASSED, APPROVED AND ADOPTED THIS the
1fYla.r;-- ,1975.
::J-o d::
day of
d~(! ~L/
Mayor, City of Schertz, Texas
ATTEST:
. , ,,,.
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TRANSFER OF EASEHEIYf
THE STATE OF TEXAS
2;
2;
!l
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
The Urban Renewal Agency of the City of Schertz, Texas, is
the Grantee named in that one certain Easement dated November 17,
1971, wherein the Southern Pacific Transportation Company granted
certain rights-of-way easements to said Agency, a true and carrect
copy of which is attached hereto as Exhibit," 1".
For and in consideration of the sum of TEN DOLLARS ($10.00)
and other valuable consideration, the receipt of which is hereby
acknowledged, the Urban Renewal Agency of the City of Schertz,
Texas, hereby TRANSFERS and ASSIGNS, GRANTS, SELLS and CONVEYS
unto the City of Schertz and its successors and assigns all of
Agency's right, title and interest in and to said Easement and for the
further consideration that said City of Schertz hereby assumes and
promises to perform all duties and obligations of Grantee contained
therein.
The Urban Renewal Agency of the City of Schertz, Texas warrants
and represents that said Easement is in full force and effect and
without any default on the part of said Agency, and that all obliga-
tions of Grantee contained in said Easement of reimbursement, grading,
installation and the surfacing have been fully performed by said
Urban Renewal Agency of the City of Schertz and no sums are owing
to Southern Pacific Transportation Company.
SIGNED this
day of
, 1975.
URBAN RENEWAL AGENCY OF THE CITY
OF SCHERTZ
ATTEST:
By
Cha~rman
Secretary
ACCEPTED:
CITY OF SCHERTZ
ATTEST:
By
Hayor
Secretary
~
EXHIBIT "An
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THE STATE OF TEXAS 5
5
COUNTY OF GUADALUPE 5
BEFORE }lli, the undersigned authority, on this day personally
appeared and
, Cha~rman and Secretary respectively, of
the Urban Renewal Agency of the City of Schertz, Guadalupe County,
Texas, known to me to be the persons and officers whose names are
subscribed to the foregoing instrument and acknowledged to me that
they each executed the same for the purposes and consideration
therein expressed and in the capacity therein stated and as the
Act and Deed of the Urban Renewal Agency of the City of Schertz,
Guadalupe County, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
, 1975.
day of
Notary Publ~c ~n and for
Guadalupe County, Texas
THE STATE OF TEXAS 5
5
COUNTY OF GUADALUPE 5
BEFORE ME, the undersigned authority, on this day personally
appeared , l1ayor of the city of
Schertz, Guadalupe County, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that he executed the same for the purposes and con-
sideration therein expressed and in the capacity therein stated
and as the Act and Deed of the City of Schertz, Guadalupe County,
Texas.
GIVEN UNDER MY HAHD AND SEAL OF OFFICE, this
, 1975.
day of
Notary Publ~c in and for
Guadalupe county, Texas
EXH!B!T "A"
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STATE
OF
TEXAS
x
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT, SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, authorized to transact business in the State of Texas,
'''Grantor'' herein, for and in consideration of ,the 'sum of One and No/IOO
Dollar ($1.00) and the agreements of the Grantee set out hereafter has
,Granted, Sold ,and Conveyed and 'by these presents does Grant, Sell and
Convey unto the URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ,'TEXAS,
'''Grantee'' herein and its assigns, rights of way or easements upon,
along, over, 'under and across the property of the Grantor at or near
Schertz, Guadalupe County, Texas, for so long as each of said rights
of way or easements,is used exclusively for the purpose or purposes
hereafter designated:
I. A right of way or easement for the construction,
establishment, and maintenance of a public road,
in particular for Live Oak Road, across Grantor's
property and being a tract or parcel of land eighty
feet (80') wide by one hundred feet (100') in
length, being approximately forty feet (40') wide
on each side of the center line of said road,
extending from the northerly to the southerly line
of Grantor's property, which center line intersects
the center line of Grantor's Houston to San Antonio
main track at Grantor's Engineer's Station 10192+65
(M.P. 192.48).
II. A right of way or easement for the construction,
establishment and maintenance of a public road, in
particular for proposed Randolph Avenue, across
Grantor's property and being a tract or parcel of
land eighty feet (80') wide by one hundred feet ,
(100') in length; being approximately forty feet
(40') wide on each side of the center line of said
proposed avenue, extending from the northerly to
the southerly line of Grantor's property,which
center line intersects the center line of Grantor's
Houston to San Antonio main track at Grantor's
Engineer's station 10210+10 (M.P. 192:81).
III. Aright of way or easement for the 'construction,
establishment and maintenance of two (2) 48" x 60'
C. M. p, culverts in and under Grantor's property
at Grantor's Engineer's Station 10200+11 (M.P. 192,62).
Grantor will furnish all labor and material for and will install
one (I) each nine foot (9') by seventy ,two, foot (72 ') full timbe'r crossings
at the intersections of said Live Oak Street and said proposed Randolph
, ,
Avenue and Grantor's said main track; furnish and install automatic gates
with flashers at said Live Oak Street and said proposed Randolph Avenue;
f,'"
EXHIBIT "1"
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furnish 'and install two (2) 48" x 60' C.M.P. culverts at the location
referred to hereinabove; and adjust communication pole line at the said
intersections of said Live Oak Street,and said Randolph Avenue and
Grantor's said main track.
As further consideration for the rights of way or easements
herein granted, Grantee and its assigns will reimburse Grantor for the
cost of labor and material used by Grantor in installing said full timber
crossing and automatic gates with flashers and culverts and adjust
,communication pole lines, which cost is estimated to'be Fifty Thousand
Two Hundred and Sixty Dollars ($50,260), it being understood that
Grantee and its assigns will pay the actual cost regardless of its being
more or less than the estimated cost.
Grantee herein, and its'assigns, at its own cost and expense
, will perform all grading, provide ,and install necessary and adequate
"drainage structures and,surfacing for said road and said proposed avenue
upon and across the herein described tracts of land up to the ends of,
the ties in Grantor ',s track.
The work of maintaining said culverts shall be performed by
Grantee and its assigns at its sole risk, cost and expense in such manner
that no equipment, workmen, or materials will be permitted on Grantor's
property outside of the area designated for, the right of way or easement
for said ,culverts and no interference, whether reasonable or unreasonable,
with Grantor's use of its trackage, facilities and appurtenances will
be suffered by Grantor."
No legal right which the Grantor now has to maintain and
operate it's existing track and appurtenances and pole and wire, lines
and appurtenances and to construct, maintain and operate an additional
track or tracks and appurtenances and pole and wire lines and appurtenances
upon and across the tracts of land herein described, shall in anywise
be affected by the granting of said easements.
In the event anyone or more of said easements hereinabove
enumerated is or, are officially abandoned, such easement or easements
upon and across the hereinabove described tract or tracts so abandoned
shall cease and determine, eo instanti; ,revert to and revest in Grantor,
its successors and assigns without any further act or deed on part of
the Grantor, its successors and assigns.
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The right of way or easement herein granted for existing Live
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Oak Road supercedes the right of way or easement previously granted
therefor to'the City of Schertz by Grantor's predecessor in interest,
.
~
This easement is granted without any warranty of title either
,
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:
Texas and New Orleans Railroad Company, by instrument dated September 1,
1961.
express or implied.
its
Aut. General Manager
, attested to by
H. T, Sterett
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IN TESTIMONY WHEREOF, Southern Pacific Transportation Company
has caused these presents to be executed by
C, H, l';aSC,i
its Assistant Secretary,
on this the ~day of
and its corporate.. seal to be hereunto affixed"
~~/\/
, A. D. 1971.
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ATTEST:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
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By(l ~'/JX<-<"--rt..
Its: '~~_:,-..
THE STATE OF TEXAS I
I
COUNTY OF HARRIS I
BEFORE ME, the undersigned, a Notary Public, ~n and for
Harris County, Texas, on this day personally appeared
C. H. NELSON
,
Aut. GenerAl Mua,w
,of Southern Pacific Transportation
i
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Company, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged tome that he executed the same
in the capacity and for the purposes and consideration therein stated'"
.
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and as the act and deed of Southern Pacific Transportation
",-/, GIVEN under
/I;)ld~
my hand and seal of office, this the
Company.
(j(
/7 - day
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of
, A. D. 1971.
, .. r. MABEF
NOTARY
Har
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ASSIGNMENT OF LICENSE
THE STATE OF TEXAS 5
5
COUNTY OF GUADALUPE 5
The Urban Renewal Agency of the City of Schertz, Texas is
the Licensee under that one certain Agreement dated July 15, 1971
by and between Southern Pacific Transportation Company as Licensor
and said Agency as Licensee, a true and correct copy of which is
attached hereto as Exhibit "I".
For and in consideration of the sum of TEN DOLLARS ($10.00)
and other valuable consideration, the receipt of which is hereby
acknowledged, the Urban Renewal Agency of the City of Schertz,
Texas hereby TRN1SFERS and ASSIGNS all of its right, title and
interest in and to the above referenced Agreement to the City of
Schertz, Texas, its successors and assigns, and for the further
consideration that said City of Schertz hereby assumes and promises
to perform all duties and obligations of Licensee contained therein.
The Urban Renewal Agency of the City of Schertz, Texas war-
rants and represents that said License Agreement is in full force
and effect and without any default on the part of said Agency;
further, that all obligations of Licensee contained therein are
current and no sums are owing to Southern Pacific Transportation
Company.
SIGNED this
day of
, 1975.
URBAN RENEWAL AGENCY OF THE CITY
OF SCHERTZ
By
Chairman
ATTEST:
Secretary
ACCEPTED:
CITY OF SCHERTZ
ATTEST:
By
Mayor
Secretary
ASSIGNl-lENT CONSENTED AND AGREED TO:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
EXHIBIT UB~'
By
Superintendent
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LEASE:
AUDIT 16G9'(4
NO._-
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(ApproVN .. lo Form by ~Il~ Coun.el
June 17, 19<<Jl
TRE-192.8l-X
~;
\!I:f)i!) m:gttement, made this 15th day of July
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY'
a corporation, herein termed "Railroadl" and URBAN taNEWAL AGENCY
CITY 01', SCHERTZ, TEXAS
507 Main Street
Schertz, Texas 78154
,19 71,
herein termed llLiccnsee."
WITNESSETH THAT:
which for the purpo811 of thb agreement is henby _ived
Railroad in ronsideration of the sum of / Ten and No/100 ($10.00) Dollars,
"'. a~ l~.''';'' ,/..___ .,..Ii '. _~l and in further consideration of the faithful perform~nce by' Licensee of all the
covenants and agreements herein contained, hereby permits Life-osee to construct, reconstruct, maintain .1nd
operate beneath Railroad's property, at a depth specifled by Railroad, an 8-inch water pipeli,ne
crosdng beneath Railroad's Houston to El Paso Main Track at Mile Post 192.81
herein termed "structure," at or near Schertz
County of Guadalupe , and State ot
in the location as shown in red on the print attached.
Station.
Texas
,
"
Said structure shall be laid for the full width of Railroad's property in accordance
with its standard plan and specifications as shown on Standard Drawing C. S. 1741,
dated April 20, 1953, Revised January 5, 1970"attached hereto end made a part hereof.
It is distinctly understood, and agreed that open trench shall be no closer than
15 teet frOlll ands of ti..;
Project markers in form and size satisfactory to Railroad identifying ,the facility
and its owner will be installed and constantly maintained by and at the expense
of Licen8eeat Railroad property lines or such locations as Railroad shall approvs.
Such markan shall ba relocated or removed upon requeat of Railroad without expense
to RaUroad.
Abaence of marker a does not constitute . warranty by Railroed of no subsurface
installations.
. This agreement is made 1:lpon the following terms and cqnditions:
1. Licensee agrees to keep Railroad's premises in a good and safe conditioll, so far as affectt~d hy. Licensee's
use, free from waste all to the satisfaction of Railroad, failing which, Railroad may perform the necessary w<?rk
at the expense of Licensee, which expense License~ agrees to' pay to Railroad upon demand. l\ll work upon, or
in connection with, said structure shaH be done to the satisfaction of Railroad at such times and in such manner
as not to, interfere in any way whatsoever with the operations of Railroad. In the event Railroad shall at any
time or times require the ....__......, reconstruction, alteration or changes in the location of said structure, or sh~ll
at any' time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and
expense, upon receiving written notice from ~ailroad so to do, to forthwith construct and maintain an additional
structure or extend or change said. structure or immediately ~ reconstruct, alter or make changes in the
location of said structure as may be requested by Railroad and in a manner satisfactory to Railroad. Licensee
shall give Railroad five (5) days. writter. notice prior to the commencement of any work of construction or recoll-
struction. "'including relocating on another part of Railroad's property at a place to
be designated by Railroad.
2. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to
use the right or privilege hereby given, without the prior written consent of Railroad, '
3. Licensee agrees to reimburse Railroad the cost to R~ilroad of furnishing any neccss~y watchmen, nag-
men or inl'peCton and (Of" performing any work, including installing and removing any n('c("ss.a.ry falsework beneath
the tracks of Railroad, during the installation, maintenance or removal of said structure.
4, In the event Licensee shall discontinue the use of said structure or shall abandon the same, all rights
hereby given .hall forthwith cease and determine.
Should Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein con.
tained, all right8 hereby given shall, at the option of Railroad, forthwith cease and determine, Upon termination
of the privileges contained herein or upon termination of this agreement, as hereinafter provided, Licensee shall,
at Licensee's own cost and expense, immediately remove said structure and" restore said premises as nearly as
. possible to the same state and condition they were in prior to the construction of said structure, failing which, such
removal and restoration may be performed by Railroad at the expenoe of Licensee, which expense Licensee agrees
to pay to Railroad on demand.
EXHIBIT "1"
5. Licen~ agrees to release and indemnify Railroad 'rom and again.t all liability, cost and expense >Or
Joss of or damage to property and for injury to or death. of person. (including hut not limited to the property
and employees of each of the parties hercto) when arising or rcsulting from:
(a) the use of, said premises by Licensee, its agents, employees or invitecs, or
(b) the construction, presence, maintena~ce. use or removal of said structure, or
(c) breach of the contract by Licensee, except ther. is excluded from th. application hereof
t~~h-C;~;;(i".~;-~i~'~~gii,~~":';~..W';"nJ. wch lou, dell&ge, injury or
The term "Railroad" as used in this Section 5 ~lall include the lessor, successors, assigns and affiliated com-
panie. of Railroad, and any other railroad company operating upon Railroad's tracks,
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6. No work on Railroad premi!;("s shaH be commenced by any contractor for Licensee until such contractor
has entered into Railroad's standard Contractor's Agreement ~ove.ring such work.
7. Licensee will' fully pay for all materials joined or affixed to said premises, and pay in full all persons who
perform labor upon said premises, and wit! not permit or suffer any mc<;hanics' liens or materialmen's liens of
any kind or nature to be enforced against s~id premises for any work done or materials furnished thereon at
Licensee's instance or request.
8. In case Railroad .hall successfully bring suit to compel performance of, or to recover for I'ceach of, any
covenant, agreement or condition herein written, Licensee shall and will pay to Railroad reasonable attorney
fees in addition to the amount of judgment and costs, ,
'Q"Y(Jl~. W'M
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9.lQICX: Except as otherv.'ise provided herein, the terms and conditions of this agreement shall inure to the benefit
of and be binding upon the heirs. executors, administrators, successors and assigns of the parties hereto,
10. Thh agreement 18 mad. without any warrant,Y of title either expreesed or
ilIlpl1ed on the part of the Railroad.
IN WITNESS WHEREOF, the parties llCreto have caused these presents to be executed in duplicate the
day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
c
WITNESSED BY:
DY~ -~
. ~eodent
URBAN RENEWAL AGENCY
CITY OF sCHERTZ. TEXAS
(~e ~'"") ~ __'_ "'-,2 ~~e~r~))~~)"
By~dZLt,0 :2fcA,u~~
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NOTE--If an Incorpont.ted comt-ny, .ueem~nt would ~ Uec;utM by an authorhed Offi.c:~f th(ff'Of and hi. tlt1( Indicated: O~ al.1'D&w.r. aho~hl bt: ...it-
~ by 20 ~mployft 01 Rolltroad U Pf1Lctlc:abl(, U not. by a d_nteft:tt.ed part)'. .
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(
A RESOLU'fION
AUTHORIZING THE SALE OF PARCELS
53-2, 55-5 and 55-7 IN BUFFALO
VALLEY NOKfH PROJECT TEX. R-112,
TO THE CITY OF SCHERTZ FOR THE
SUM OF $23,250.00.
WHEREAS, the Urban Renewal Agency of the City of Schertz has
heretofore acted as a local public agency responsible for the
Urban Renewal Program of the City of Schertz, and in that capacity
has entered into a contract for loans and grants authorized under
Title I of the Housing Act of 1949, as amended, with the united
States of America, acting by and through the Department of Housing
and Urban Development, identified as Project No. Tex. R-112(LG),
Buffalo Valley North Project, and pursuant to ti1at contract and to
the requirements and provisions of the Urban Renewal Plan for said
Project as amended to date, the local public agency is the record
owner of all remaining project Land, held for redevelopment; and
WHEREAS, all Project activities and Urban Renewal Plan
objectives and requirements as contemplated by tile Loan and Grant
Contract and as called for in the Urban Rene\qal Plan, have been
successfully accomplished, completed and carried out, except for
the sale and redevelopment of certain Project Land described herein
and held by the local public agency for private redevelopment; and
vtiIEREAS, the City of Schertz filed an Application For Federal
Assistance under the Community Development Block Grant Program
requesting necessary funding to purchase the redevelopment parcels
described herein in the amount of the purchase prices as stated
herein to acquire said parcels for subsequent resale, \qhich use
of Community Development Block Grant funds by the City for such
purposes is an eligible program activity under 570.200(a) (10),
"Payment of the Cost of Completing a Project Funded Under Title I
of the Housing Act of 1949"; and
WHEREAS, it has been determined to be in the best interest
of the public to close out the above referenced Urban Renewal
Project and to transfer and convey all remaining Project Land to
the City of Schertz, Texas as successor-in-interest to the Urban
Renewal Agency of the City of Schertz, for resale and redevelopment
in accordance with the terms and provisions of the said Urban
Renewal Plan, as amended, and in accordance with the requirements
of applicable Federal and State laws, said sale and purchase price
to be in the amount of the approved minimum disposition price for
said land; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COI~1ISSIONERS OF THE URBAN
RENEWAL AGENCY OF THE CITY OF SCHERTZ:
1 . The sale of Parcels 53-2, 55-5 a,nd 55-7 to the City of
Schertz, more particularly described in a Warranty Deed authorized
herein and according to the terms thereof is hereby approved and
authorized.
2. The Agency's Chairman is hereby authorized to execute a
Warranty Deed in connection with the purchase by the city of Parcels
53-2, 55-5 and 55-7 for the total purchase price of $23,250.00, which
is the approved minimum disposition price; and the Agency's Secretary
is authorized to attest the signature of the Chairman on said Deed.
3. The Warranty Deed mentioned in Paragraphs 1. and 2. above
is on file in the office of the Real Estate Department of the Agency
and its terms and conditions are incorporated herein by reference.
.
PASSED AND APPROVED this ~day of
r~
, 1975.
~ 0,/L
Vice~hairman
ATTEST:
,'-1hd' :r 44/ ~~
Secretary
Resolution No.
26,
2.
~
TRANSFER OF EASEMENT
THE STATE OF TEXAS
5
5
5
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
The Urban Renewal Agency of the City of Schertz, Texas, is
the Grantee named in that one certain Easement dated November 17,
1971, wherein the Southern Pacific Transportation Company granted
certain rights-of-way easements to said Agency, a true and correct
copy of which is attached hereto as Exhibit" I" .
For and in consideration of the sum of TEN DOLLARS ($10.00)
and other valuable consideration, the receipt of which is hereby
acknowledged, the Urban Renewal Agency of the City of Schertz,
Texas, hereby TRANSFERS and ASSIGNS, GRANTS, SELLS and CONVEYS
unto the City of Schertz and its successors and assigns all of
Agency's right, title and interest in and to said Easement and for the
further consideration that said City of Schertz hereby assumes and
promises to perform all duties and obligations of Grantee contained
therein.
The Urban Renewal Agency of the City of Schertz, Texas warrants
and represents that said Easement is in full force and effect and
without any default on the part of said Agency, and that all obliga-
tions of Grantee contained in said Easement of reimbursement, grading,
installation and the surfacing have been fully performed by said
Urban Renewal Agency of the City of Schertz and no sums are owing
to Southern Pacific Transportation Company.
SIGNED this 13th day of
May
, 1975.
URBAN RENEWAL AGENCY OF THE CITY
OF SCHERT Z
ATTEST:
By
r:;-~ (<,,~/..
Vice-Cha~rman
,~L' ;t: 0r~~c0~
Secretary
ACCEPTED:
CITY OF SCHERTZ
By I~/C :B~
Mayor
ATTEST:
~A~
J1 k-r~ A
, Secretary
r
THE STATE OF TEXAS 5
5
COUNTY OF GUADALUPE 5
BEFORE ME, the undersigned authority, on this day personally
appeared Elgin Beck and Alfred L. Woollven,
Vic~-Cha~rman and Secretary respectively, of
the Urban Renewal Agency of the City of Schertz, Guadalupe County,
Texas, known to me to be the persons and officers whose names are
subscribed to the foregoing instrument and acknowledged to me that
they each executed the same for the purposes and consideration
therein expressed and in the capacity therein stated and as the
Act and Deed of the Urban Renewal Agency of the City of Schertz,
Guadalupe County, Texas.
GIVEN UNDER MY
~!l(ill...--
d
HAND AND SEAL OF OFFICE, this ~day of
, 1975.
~ I.
~~ 7f;1i-f /4ck~"
No ary Publ~c in and for
Guadalupe County, Texas
THE STATE OF TEXAS 5
5
COUNTY OF GUADALUPE 5
BEFORE ME, the undersigned authority, on this day personally
appeared ~[p",r (1, OIJPKpJe.. , Mayor of the City of
Schertz, Gua a upe County, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that he executed the same for the purposes and con-
sideration therein expressed and in the capacity therein stated
and as the Act and Deed of the City of Schertz, Guadalupe County,
Texas.
GIVEN UNDER
/}rJaa
MY HAND AND SEAL OF OFFICE, this .L1!1: day of
, 1975.
2.
..-t~~ ~
$" l
"
,
,rJ
"
"
STATE
OF
TEXAS
x
X
X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT, SOUTHERN PACIFIC rRANSPORTATION COMPANY, a Delaware
corporation, authorized to transact business in the State of Texas,
'''Grantor'' herein, for and in consideration of ,the sum of One and No/IOO
Dollar ($1.00) and the agreements of the Grantee set out hereafter has
Granted, Sold and Conveyed and:by these presents does Grant, Sell and
Convey unto the URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ,'TEXAS,
"Grantee" herein and its assigns, rights of way or easements upon,
along, over, under and across the property of the Grantor at or near
Schertz, Guadalupe County, Texas, for so long as each of said rights
of way or easements is used exclusively for the purpose or purposes
hereafter designated:'
I. A right of way or easement for the construction,
est~blishment, and maintenance of a public road,
'in particular for Live Oak Road, across Grantor's
property and being a tract or parcel of land eighty
feet (80') wide by one hundred feet (100') in
length, being approximately forty feet (40') wide
on each side of the center line of said road,
extending from the northerly to the southerly line
of Grantor's property, which center line intersects
the center line of Grantor's Houston to San Antonio
main track at Grantor's Engineer's Station 10192+6,S
(M.P. 192.48).
II. A right of way or easement for the construction,
establishment and maintenance of a public road, in
particular for proposed Randolph Avenue, across
Grantar's property and being a tract or parcel of
land eighty feet (80') wide by one hundred feet
(100') in length; being approximately forty feet
(40') wide on each side of the center line of said
proposed avenue, extending from the northerly to
the southerly line of Grantor's property,which
center line intersects the center line of Grantor's
Houston to San Antonio main track at Grantor's
Engineer's Station 10210+10 (M.P. 192:81).
III. A right of way or easement for the 'construction,
establishment and maintenance of two (2) 48" x 60'
C. M. p, culverts in and under Grantor's property
at Grantor's Engineer's Station 10200+11 (M.P. 192.62),
Grantor will furnish all labor and material for and will install
one (1) each nine foot (9') by seventy ,two foot (72') full timber crossings
at the intersections of said Live Oak Street and said proposed Randolph
Avenue and Grantor's said main track; furnish and 'install automatic gates
with flashers at said Live Oak Street and said proposed Randolph Avenue;
EXHIBIT "1"
I,:
~ ",
-1-
,.'
. ..
,
"
~'"
"
,
..
furnish and install two (2) 48" x 60' C.M.P. culverts at the location
referred to hereinabove; and adjust communication pole line at the said'
intersections of said Live Oak Street.and said Randolph Avenue and
Grantor's said main track.
10 ~
i'
As further consideration for the rights of way or easements
herein granted, Grantee and its assigns will reimburse Grantor for the
.,
\
cost of labor and material used by Grantor in installing said full timber
crossing and automatic gates with flashers and culverts and adjust
.communication pole lines, which cost is estimated to be Fifty, Thousand
~
I
Two Hundred and Sixty Dollars ($50,260), it being understood' that
Grantee and its assigns will pay the actual cost regardless of its being
.-\
more or less than the estimated cost.
Grantee herein, and its assigns, at its own cost and expense
will perform all grading, provide and install necessary and adequate'
"drainage structures and. surfacing for said road and said proposed avenue
upon and across the herein described tracts of land up to the ends of
the ties in Grantor '.s track.
The work of maintaining said culverts shall be performed by
Grantee and its assigns at its sole risk, cost and expense in such manner
that no equipment, workmen, or materials will be permitted on Grantor's
property outside of the area designated for the right of way or easement
for said culverts and no interference, whether reasonable or unreasonable,
with Grantor's use of its trackage, facilities and appurtenances will
be suffered by Grantor.
No legal right which the Grantor now has to maintain and
operate it's existing track and appurtenances and pole and wire. lines
and appurtenances and to construct, maintain and operate an additional'
track or tracks and appurtenances and pole and wire lines and appurtenances
upon and across the tracts of land herein described, shall in anywise
be affected by the granting of said easements.
In the event anyone or more of said easements hereinabo.ve
enumerated is or are officially abandoned, such easement or easements
upon and across the hereinabove described tract or tracts so abandoned
shall cease and determine, eo instanti; revert to and revest in Grantor,
its successors and assigns without any further act or deed on part of
the Grantor, its successors and assigns.
.....2:.0.
,. .
.
IZ'
'.
I ~ .,'
The right of way or easement herein granted for existing Live
Oak Road supercedes the right of way or easement previously granted
therefor to' the City of Schertz by Grantor's predecessor in interest,
Texas and New Orleans Railroad Company, by instrument dated September 1,
'1961.
This easement is granted without any warranty of title either
express or implied.
IN TESTIMONY WHEREOF, Southern Pacific Transportation Company
has caused these presents to be executed by
c. H. r'~ELSCrj
its.
Aut General Manasrer'
H. T. Sterett
attested to by
its Assistant Secretary,
on this the ~day of
and its corporate seal to be hereunto affixed,.
~/\/
, A. D. 19 71.
ATTEST:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By '(l 1:/:7/~--TL
Its: ~~_':- "
THE STATE OF TEXAS X
X
COUNTY OF HARRIS X
BEFORE ME, the undersigned, a Notary 'Public, in and for
Harris County, Texas, on this day personally appeared
C.H. NELSON
Aat. Generd Mua,er
of Southern Pacific Transportatio~
Company, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged tome that he executed the same
in' the capacity and for the purposes and consideration therein stated,.
and as the act and deed of Southern Pacific Transportation
Company.
Vt
17 - day
of
'j, GIVEN under my hand and seal of office, this the
- 7 '
/; t-JJ.~ , A. D. 1971.
, I. r. llNJEF
NOTARY
Har
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