Ordinance 14-K-31 Abandonment of Main St AlleyORDINANCE NO. 14 -K -31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CLOSING AND ABANDONING TO THE
ABUTTING PROPERTY OWNERS A TWENTY FOOT (20) WIDE
ALLEY IDENTIFIED AS THAT SEGMENT OF AN ALLEY THAT RUNS
PARALLEL TO THE 800 BLOCK OF MAIN STREET; AND
ESTABLISHING AN EFFECTIVE DATE HEREOF
WHEREAS, the City of Schertz, Texas, a home rule municipality, has established a
public alley immediately to the south of Main Street, as more further described on Exhibit "A ",
attached hereto, (hereinafter the "Alley "); and
WHEREAS, the Alley located entirely within the Ebert Tract Subdivision and is
abutted to the north by Lots 7 through 11, of Block 1 of the Ebert Tract subdivision
(hereinafter the "Lots "); and
WHEREAS, as a result of the Redroc replat, the Alley no longer connects to a
public street; and
WHEREAS, the Alley is abutted to the south by a Union Pacific right -of -way
easement; and
WHEREAS, pursuant to Section 311.007 of the Texas Transportation Code, a home -
rule municipality may vacate, abandon, or close a street or alley.
WHEREAS, the said City of Schertz has caused studies and inquiries to be made of
the public in general and utility entities who might be directly affected; and
WHEREAS, no detriment or hazard to the City of Schertz or its citizens has been found;
and;
WHEREAS, on the I" day of July, 2014, a Public Hearing was held to allow members of
the public to give testimony, and comment, on the merits of the Alley closure.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
Section 1. That the recitals contain in the preamble hereto are hereby found
to be true and such recitals are hereby made a part of this Ordinance for all purposes
and are adopted as a part of the judgment and findings of the Council.
Section 2. That the City Council finds that such closure and abandonment as
requested will cause no harm or injury to the City of Schertz or its citizens.
Section 3. That the Alley as depicted on Exhibit "A ", is hereby closed and
abandoned to the abutting owners, and as authorized by Section 311.007 of the Texas
Transportation Code and Section 272.001(b)(2) of the Texas Local Government Code.
Section 4. That the City Manager is hereby authorized to execute Quit Claim Deeds
in substantially the same form as set out in Exhibit °B ", and such other instruments and
documents that are reasonably necessary to effectuate the purpose of this Ordinance.
Section 5. That should any section, clause, or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so
declared to be invalid.
Section 6. That it is officially found, determined and declared that the meeting at
which this Ordinance 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
ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption
hereof and any publication required by law.
Section 8. This Ordinance shall be cumulative of all other ordinances of the City
of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of
the City of Schertz except insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this Ordinance, in which event such conflicting provisions,
if any, are hereby repealed.
Approved on first reading the 1 S' day of July, 2014
PASSED, APPROVED and ADOPTED on final reading the 8`h day of July, 2014
CITY OF S HER
Mich .Carpenter, Mayor
TEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
Alley Segment South of Block 1, Lots 7, 8, 9,10 and 11
Ebert Tract
Block: I
Lot. 1, 2
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Block_ 1
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Lot: 20
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City of Schertz W +E
Exhibit A -1 S
0 25 50 100 150 2110
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EXHIBIT B
Form of Quitclaim Deed
After recording, return to:
Denton, Navarro, Rocha, Bernal, Hyde & Zech
ATTN: Charles Zech
2517 N. Main Avenue
San Antonio, TX 78212
QUITCLAIM DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUME NT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT CITY OF SCHERTZ, TEXAS a Texas municipal corporation (the "Quitclaimor "), for
good and valuable consideration from , (the "Quitclaimee "), the receipt and
sufficiency of which are hereby acknowledged, has QUITCLAIMED, and by these presents does
QUITCLAIM unto the Quitclaimee, all of its right, title, and interest in and to certain real
property, together with all improvements thereon and all rights and appurtenances thereto,
situated in Guadalupe County, Texas, as more particularly depicted on Exhibit A attached hereto
and made a part hereof for all purposes (collectively, the "Property ").
The Quitclaimor makes no warranties or representations concerning the extent of its right, title,
or interest in or to the Property, and the Quitclaimee understands and agrees, by acceptance of
this Quitclaim Deed, that the Quitclaimor shall be under no obligation to defend title to the
Property against any third party claims to the Property or any portion thereof.
TO HAVE AND TO HOLD all of the Quitclaimor's right, title, and interest in and to the
Property unto the Quiclaimee, its heirs, successors, and assigns, forever, so that neither the
Quitclaimor nor its successors or assigns shall at any time hereafter have, claim, or demand any
right or title to the Property or any part thereof.
[Signature and acknowledgment on the following page]
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EXECUTED this day of 2014.
QUITCLAIMOR:
CITY OF SCHERTZ, TEXAS,
a Texas municipal corporation
C
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
John C. Kessel
City Manager
This instrument was acknowledged before me on the day of
2014, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
[NOTARY SEAL]
10
Notary Public in and for the State of Texas
Exhibit A to Quitclaim Deed
City of Schertz
Exhibit A w +E
Jesus J. & Frances K. Misel Gomez s
(Block 1, Lot 8, Ebert Tract) o to zo as eo so
Free
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