15-R-14 - Wesley Rumpf Property purchase along Schaefer RoadRESOLUTION NO. 15 -R -14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A PURCHASE AND SALE WITH
WESLEY H. RUMPF, IN CONNECTION WITH THE PURCHASE BY
THE CITY OF REAL PROPERTY LOCATED ALONG SCHAEFER
ROAD, DESCRIBED AS A TRACT OF LAND CONTAINING 4.138 ACRE
TRACT, MORE OR LESS, BEING A PORTION OF THE REMAINDER
OF THAT CERTAIN 14.48 ACRE TRACT OF LAND CONVEYED TO
WESLEY H. RUMPF IN VOLUME 6622, PAGE 328 AS WELL AS A 16-
FOOT WIDE WATER LINE EASEMENT DESCRIBED AS A 0.655 ACRE,
28,549.47 SQUARE FOOT WATER LINE EASEMENT AND A 25 -FOOT
WIDE TEMPORARY CONSTRUCTION EASEMENT DESCRIBED AS A
1.048 ACRE, 45,629.78 SQUARE FOOT TEMPORARY CONSTRUCTION
EASEMENT BEING A PORTION OF THE REMAINDER OF THAT
CERTAIN 14.48 ACRE TRACT OF LAND CONVEYED TO WESLEY H.
RUMPF IN VOLUME 6622, PAGE 328 OF THE OFFICIAL RECORDS OF
REAL PROPERTY ALL LOCATED IN THE CITY OF SCHERTZ,
BEXAR COUNTY, TEXAS, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City Council approve and ratify the Purchase and Sale Agreement attached hereto as Exhibit A
(the "Agreement ") with Wesley H. Rumpf relating to the purchase by the City of real property as
well as the granting of a water line easement and construction easement located along Schaefer
Road; and
WHEREAS, the City has a need for additional property to be utilized for the construction
of an elevated and ground storage tank along with distribution lines; and
WHEREAS, the Property will be used by the City for municipal purposes, which include
the storage and distribution of potable water within the Southern Schertz Watershed; and
WHEREAS, the Agreement require City Council approval prior to proceeding to closing
on the purchase of the Property; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
purchase the Property, approve the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby approves the purchase of the Property, and
acceptance of the Easements, in accordance with the terms of the Agreement and the
Amendment, approves the Agreement and further authorizes and directs the City Manager, or his
or her designee, to execute and deliver a Continuation Notice, as required under the Agreement.
Section 2. Further, in addition to and without limiting the foregoing, the City
Manager, or his or her designee, is authorized and directed to take or cause to be taken such
further action and to execute, file, and deliver or cause to be executed, filed, and delivered, in the
name and on behalf of the City, all such further instruments and documents (including, but not
limited to, closing documents required by the title company that is closing the contemplated
transaction), as the City Manager, in consultation with the City Attorney, may deem to be
necessary or advisable to effectuate the purpose and intent of the foregoing resolution.
Section 3. 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 4. 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.
Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 3rd day of March, 2015.
CITY OF SCHERTZ, TEXAS
" Cedric Edwards, Mayor Pro -Tem
ATTEST:
,X
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
PURCHASE AND SALE AGREEMENT
A -1