2010R39 - Bridgestone Way - Conveyance (Waagner Family LtdRESOLUTION NO. l.0-R-39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ABANDONING BRIDGESTONE WAY, APPROVING THE
CONVEYANCE OF BRIDGESTONE WAY TO THE ABUTTING
PROPERTY OWNER, Ai~1D OTHER %VIAT`TERS IN CONNECTION
THEREWITH.
WHEREAS, the City of Schertz, Texas (the "City") has determined that the public use of
Bridgestone Way, more particularly described on the attached Exhibit A (the "Road"}, and the
maintenance of the Road by the City are no longer necessary or desirable; and
WHEREAS, Waagr~er Family Ltd, the owner of the property abutting the Road in the
same subdivision {the "Abutting Property Owner"}, desires to acquire the Road and assume
responsibility for the property; and
WHEREAS, Section 311.007 of the Texas Transportation Code, as amended, states that a
home-rule city may vacate, abandon, or close a street or alley; and
WHEREAS, Section 253.001 of the Texas Local Government Cade, as amended, allows
the governing body of a municipality to sell and convey land that is an abandoned part of a street
or alley, and requires that the proceeds of the sale be used to acquire and improve property for
the purposes for which the sold property was used; and
WHEREAS, Section 272.001 of the Texas Local Government Code, as amended,
provides that Section's notice and bidding requirements do not apply if the City conveys, sells,
or exchanges streets or alleys with one or more abutting property owners; and
WHEREAS, Section 272.001 of the Texas Local Government Code, as amended, further
provides.that streets and alleys maybe sold to abutting property owners in the same subdivision
if the land has been subdivided; and
WHEREAS, the City hereby finds and determines that it is in the public interest for the
City to abandon the Road and to convey the Road to the Abutting Property Owner;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AS FOLLOWS:
Section 1, The City hereby abandons the Road, approves the conveyance of the Road
to the Abutting Property Owner for a price of $10.00, and directs the sale proceeds to be
deposited into the appropriate City fund relating to City streets. The City hereby authorizes the
City Manager to execute a Special Warranty Deed, in substantially the form attached hereto as
Exhibit B, conveying the Road to the Abutting Property Owner.
50325437.1
Section 2. 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.
Section 3. All 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,
Scction 4, This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section S. if any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. 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 Chapter 551, Texas Government Code, as amended,
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved,
Approved, this 27`x' day of July, 2010.
(SEAL}
Attest;
City Secretary
CITY OF SC RTZ, TEXAS
Mayor
50325437.1 - 2 -
EXHIBIT A
The Property
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ll~l~~'i~ 4, ~ 1~3, flat i"~~~C~l~ oI ~l#ar~af ~~uri#g~~ Tex ~~d ~~ tro°~~~ ~~~a~~fe~'~y
t~~~'lf~~ ~s f~aff-~,u~;
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~a~~~~ ~p~r'~~~et~3g~ ~~~~.~ ~~~ fry ~ n~t~~~ ~f~~#tvr~ a~~~ #~~
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~~t ~~ ~G~~ ~~ lout 1~~~~e
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~~8~# ~€ C~'tt#.II'~ ~ ~ t€~ngo~t ~1~rV~ #+~ ~ rf~
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tit ~~~t,~
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~t~r~a t~ ~f#b
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~~~ ~~i~ ~lis~rt `I~f ~~~t~~'~7'° 1l~, ~8=8~3 ~ ~ fl~~ ' #~~.rl'~Sar
#~~ l~~v~st ~ +,~ the her~frl de~~€#b~c# f~~~t;
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f~~~~ 8, ~7~ a~~~~/f~ry~~~~~y~~ly`{.~g~ ~y~~'I4~~ya~'E8~{3j11 ~~`f!f]~~ k~~~, flk~~ ~CI~$
4R~YY~1~~ ~ 1~~~~ ti141lY~ ~ 1#1G I'J~IiIr
`f 1~~~~~ t~~~~t~!{F~~$~ty~}~yat3~y-~il`l@~`~!^~~~f~~~!/ty ]ypy~~gy7th~~+y~~y,st 1t~~e~{d$~~*~l1~`lt}~ twat f~~t`~!ya`~~ s~~hed
~/1~ 'w] lJ~i17~11~ S7 fd~ii Va,~W/~as~VSS~]1~51 ~1i 1~ F1Si7 ~~ 689E 5'i~l'4!' 3~ ~ ~,d ~7i~~ ~~~~)
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50325444.1 ~i- 7
'~f fl'vi~+~f~ ~ CMS°~~'2~' ~I~t, 30.~~ t ~ls~n~ #i~~ ~~s~ Eln~ c~~ tie #~~I i~~t~f~ t~~ribo~d #o
a paii~l ~~ C~:~~I~a t~f ~ tan~~~t ~rrve~ #t~ the f~fi#;
TI-t~IV~~ i~li~'i~ #Ile ~u~r~ to lft~ i~€t ~f~~ ffrte asst ifs of #~e irl. ~r~ir~ tf~s~if~cf
~ssirx~ iha mid ~ai~a~i~ian ~ hr~ ~~ sic f~t7~EF~ ~~ ~~ ~~, ~ dpi#e
oi= ~~°~~'~2", ~ ~~di~a~ of ~~~.~~ feet artd ~ orb #~~rir~~ arl~ dig#an~e ai
'1~°~~'~1" ~, ~7.~~ feet #~ ~ mini oI t~n~~nay,
~'F~~iti1~~ 3t~°~7'~~'" E, ~~~.~ ~ ~#v~ng ;;~~f subdivi~f~ fins ~~~ tFz$ w~ firt~ ~i` the
said 2 ~oc~ ship #a ~d alt ir3~i iron pir~ art t fhw I~I~h~ o~ V9t~y line
~ fn#~rstafo l~f~f~~ ~~ f+~r #k~~ ~uth~~~! t~xt~et~ ai= tea tr~~i i~t~r~in
s~a'ii~~d;
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€I~~ t~~+~~# F~i~lrt o~ '~y 3in~ ~~ It~t~r~#~t~ I~I~h~v~r ~~ la #h~ ~'€~I' ~I'
f~~i~i~lf~~ ~ri~ ~~i~ani~~~ #;1.77 a~r'a~ t~3~,7i~ ~~re i`eei-) ofi [~n~~
so3asa~a.i A-2
EXHIBIT B
Special Warranty Deed
50325437.1 B-1
.~
FULBRIGHT & .JAWORSKI L.L.P.
A REGISTERED LIMITED LIAaILITY PARTNERSHIP
300 CONVENT STREET. SUITE 2200
SAN ANTONIO, TEXAS x$206-3792
WWyV,FULBRIGHT,CUM '
J FRENCH~FULaR1f3HT,COM
DIRECT DIAL: X210) 270-7138
TELEPHONE: X210) 2248875
FACSIMILE: (210) 270-7806
August 20, 2010
BY FEDERAL EXPRESS
Mr. Ernest Waagner
Waagner Family Ltd.
5914 Mountain Villa Drive
Austin, Texas 78731
Re: Bridgestone Wad
Dear Mr. Waagner;
Please find enclosed the original, retarded Special Warranty Deed for the Bridgestone
Way property. Should you have any questions regarding the enclosed document, please feel free
to contact me.
Very truly yours,
Enclosure
~~~
Jaime French
cc; John Bierschwale (Assistant City Manager, City of Schertz} (by email, w/ enclosure)
Brenda Dennis (City Secretary, City of Schertz) (by email, wl enclosure}
Michael Spain (Firm) {by email, w/ enclosure)
5033ld77.1
AUS}IN • BEIJING .DALLAS • OLHVCA • DUUAi ~ HcNG 1(aN4 ~ I"10UQ7dN • LONDON • LOS ANOCLE$ ~ MINN[APOtI$
MUNICH N[W YG'RI(. Rlr.-oN .SAN ANTONIO • $T. LOUIS . WASHINO7ON DC
k1
~D~2 9 0 2 P6~ Z .~ D
~~~ Oi39,35
SlaEC1lAL WARRANTY DEED
THE STATE OF TEXAS §
_ § KNQW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT CITY OF SCHERTZ, TEXAS, a Texas home rule municipality ("Grant '), for and in
consideration of the sum of Ten and No/140 Dollars ($10.00) and other good and valuable consideration
to it in hand paid by WAAGNER FAMILY LTD, a Texas limited partnership (the "Grantee"), the receipt
and sufficiency of which consideration are hereby acknowledged and confessed by Grantor, and on and
subject to the exceptions, encumbrances, terms and provisions hereinafter set forth and described, has
GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN,
SELL, and CONVEY unto Grantee, the real property located in Guadalupe County, State of Texas (herein
called the "Property", being more particularly described in Exhibit A attached hereto and incorporated
herein for all purposes), together with all improvements situated thereon and all rights and appurtenances
pertaining thereto, including, but not limited to, any right, title and interest of Grantor in and to minefais,
adjacent roads, alleys, rights-of--way, drainage facilities, easements, and utility facilities, together with alI
permits, authorities, licenses, consents, and bonds, if any, pertaining to the Property.
Tins Special Warranty Deed is expressly made subject to all matters of record with respect to the
Property including, without limitation, any aad all property taxes and assessments due and owing or to
become due and owing, any and all restrictions, reservations or exceptions to title, and any and all liens
and encumbrances, to the extent the same are valid and subsisting and affect all or any part of the
Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging, unto Grantee, Grantee's successors and assigns, forever;
and Grantor does hereby bind Grantor, Grantor's successors and assigns, to WARRANT and FOREVER
DEFEND all and singular the Property unto Grantee, Grantee's successors and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under
Grantor, but not otherwise; subject, however, to the matters set forth herein.
By acceptance of this Special Warranty Deed, Grantee assumes any and all standby fees,
taxes and assessments by any taxing authority for the current year and subsequent years.
IN WITNESS WHEREOF, this Special Warranty Deed has been execu#ed by Grantor on the date
of the acknowledgement set forth below, to be effective for all purposes as of the 27's day of 7uly, 2010.
Upon recordation return to:
Michael L. Spain
f~ Fulbn,_ght & Daworsld L.L.P.
300 Convent Street. Ssute 2200
San Antonio, Texas 78205
CITY OF SCHERTZ, TEXAS,
a Tex me rule city
By:
Don E. Taylor
City Mara
5032544b.1
~6E~ 9 0 2 DSO 2 I
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was aclmowledged before me on the ~~ day of July, 2010, by Don E. Taylor,
City Manager of the City of Schertz, Texas, a Texas home Wile city, on behalf of said home rule city.
p, ~A O,~S191?+t-9i9~9b~, ~+J~ ~, 7s'h a ~ A ~s ~b 9~ D~9a
e~ ggRq}~ ~ GONZALE~
Notary Pub11c
*~~ ''` Sta?o at texas
~t cr ~ CC[~lrr. E]~.10-31.2012
ti~~~~~~titi~a~~~~*a~d~a~a~cw~c~dRG~
C-,r ~s Ad4a.PY
sn S~ I
otary Public in and for the
State of Texas
~a~rr~~~. ~ ~~
Printed or Typed Name of Notary
My Commission Expires: ~ ~ ~ ~ 2
54325944. t -2-
Y~l--~ 9 0 2 p~0 21
EXHIBIT A
Legal Desc~-iptioa
,.
II~E7ES ANQ 80~Na8 DESCRIPTION
OF A 0.775 ACRES ~33,7~n Si~l3ARE FEET}
Belrtg t).775 acxe$ (33,780 squa-~e 3`det) atit of trig Tomb Namara League, Survey Mo.
89, said 0.775 ad~a belr~ ouE ai n Circle Eeat Sut~vistan Unit 1 as Reoorded in
Volume ~4, page 123, plat records of C~radalupa Courrly. Tee and I~ing mare {~articu!®r1y
c~les~iba as tallows:
BEGIPlNIN4 At` a '~ Inch Iron pin Fund on the r~rthvrest lyiil~'tt al' Wsy Ilrxe of Ir-ba~rstate
HIgYnMay 35 the southuwest c~rr~er of the said subdivision, said Iron tin
betr~l appro~amately 1234.5 feet !n a norll'teas4eriy dfr'~ttam atorf~ the
r~arthweat R{ght of Way 6rrg orF Interstate ~lighway 35 from the east end of a
cut badt lima ai Laolcout Roact; .
THENCE M 30°37'13" ~, 298.03 feet along the west Ilne of the said s~abdtviela~rt to a
pant of curuatur~e of a t~gat:t curve to the rim
TFIENCE W~h the cxnve to the right, along said euh+dfvision Ilne having art arc !ength
of *'t33.95 fee#, and a delis of 33°01`33", a radius of 23239 feet, arod a
chard bearing and distance of N 14°t]6'2T' Nil, 132.'11 feet to a point al'
tanger~gr,
THENCE N 02°24'20" E, 3(].26 along the west lire of the herein described brad ertd
thewest ~ c~ftte said subdivlston Ilene ~ a point of curvature of a tanger;t
ClJrV9 tC th9 lefty .
THENCE 1tYlth the curve to the !eft atorzg said subdivision line hevmg an ~ length of
89.37 feet, and a delta Df 33°01'33", a rsd~ls Of 172.39 feet, and a ~1grCi
beartr~ artd dletartce ~ N t4°Q9'27" 1111, 900 feat to a point of tangency #or
the Northwest Onmer of the herein described bract;
'rNENGE M 59°22'47" E, 60.OD feet along the I+tortheJiy line of the said subdivislor~~
Ilne, the svulht~est comer of a S,ODD acre tract es dear.ribed in Volume 585,
Page 528, the Northeast corner of the herein described tree, and point at
rurvaiur+a of a tar~ent curve to the right;
THENCE 1Mth the curve to the right slang the east lfrte ref the tract herein described
artd ~ossing Bald se~dlvision and having an arc length of 133,95 feat, s
delta of 3a°01'33", a r~us of 232.39 feet $nd a chard tiring and c~stanca
of S 14°OB'2T' E, 132.11 feet to 8 of tangency;
50325437.1 lei- ]
Y~~ 9 0 2 X80 ~ I~ a
THRICE S [?2°24'ZO" W, 30..26 but a the east Iine at #lta tract herein tlas~ib~d to
a point at' cw~vettme of a tart curve to the 1e~t;
TI~ENCE UVltl7 the curve to the left ~9 the seat tine of the tract Drain deserilied
' crossin0 #~a std sul>davisiarl and hevtng sn e~+c length of 99.28 feet, a d81ta
of 32°59'22", a radrus a1: 17239 #ee# asld a chard bt~ring arld dis#a3nt3e of
S 14°OS'21" E, 97.89 #eet to a point ~ r~on-#a~erttY~
THENCE S 3D°37'18" E, 299.91 a~ saki s'ubdivlslon Iltte arld 11Te wes# line of the
card 2 ~ strip Da a iota~id ~ tnr~1 iron pin cn ifite ~ R1ght of Way Iine
of In#erste#e Hl~way 36 #or the souttleae# darner of tht3 tract herein
dt~crfberf;
7WENCE S 60°06'x" W, 68.t7D feet glong the sout>~ line of the sefid sut+divislan and
thta rlor#Invest Right of Way Ilne of In#er Hlgtmay 35 tQ the POINT OF
I~l;C~1NNIN4 and cticntaln~lg 0,775.gcres (33,7 Sure #ee#) of lard.
,.:$
F~t.ED FOR RECORD
30 RUC 17 Ate 10= 58
7£RESA K~ PE CGUHTY
COU CLERK GUAVA
~ '
S
$TATi? OFT~1tA8
COUNTY OF OtJAbACt1A~
I cartlty Italg In~irumaral xrari FIIEd alt! AW
dote Brad a! the time stem ttaere°n Brad
Was duly teaorded Ir1 th0 Publt4
Raaoorda of GusdeWpO County, Tema
~JNSY CpG ~y.
?~ ~.lW~+
~. Tt:RESAKIEL
~ ~ C~uvdshrae Cwraty Ctaxtr
~~~
50325437.1 /!~-2