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17-K-37 Release and terminating drainage easement on Lots 1-5 Block 3 & Lots 1-7 Block 2 Mesa Oaks SubdivisionAN ORDINANCE OF 1' OF OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE EASEMENT O BLOCK I ! LOTS 1-7, BLOCK OF MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said Easement was established by plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A copy of the Release and Termination of Public Drainage Easement Instrument, which includes a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF CITY OF ' 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 release and termination of the drainage easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purpose and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the drainage easement in substantially the same form as set out in Exhibit "A ", 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, deterniined 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 26th day of September, 2017 PASSED, APPROVED and ADOPTED on final reading the 10th day of October, 2017. CITY OF SCHERTZ e rpenter, Mayor 9 da ST: Dennis, City Secretary (CITY SEAL) Exhibit A "Release and Termination of Public Drainage Easement" RELEASE AND TERMINATION OF PUBLIC DRAINAGE EASEMENT THE STATE OF TEXAS § COUNTY OF GUADALUPE § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Burkett Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Guadalupe County on October 14, 2005, as Volume 7, Page 79 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary due to the acquisition of a new drainage easement and construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the north; and WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Exhibit "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in the Public Records of Guadalupe County, Texas, as Volume 7, Page 79, and attached hereto as Exhibit "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the la` day of , 2017. ATTEST: Q Q Brenda Dennis, City Secretary THE STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF SCHERTZ, TEXAS ?D7��777q Jo essel, City Manager BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared John Kessel, City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this th la'day of V, 2017. [Seal] 4�99�6A96 aP SARAH E. GONZALEZ Notary Public, State of Texas My Comm. Exp. 10 -31 -2020 ID No. 12671089 -9 AFTER RECORDING RETURN TO: City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 e 40t Public in and for the State of TTex My Commission Expires: J 0 A V 0 0 Z p �1 a ri r S29'18'14`E - 315.45' .09) F Exhibit A I N2V104'W - 18 Y I - ` --N29* 1' N.AE. i v� --N29* 16' \ II 5' U.L W191, . �- 0 11 � � . 2 C -4 L sot I ` 1 .78 T - ` 136.00 \ f � \ I 1 l S"19, %� ! N30'46'80'W \ II l f ' ' ^ .i 13500 \ / l / r' I � N30'44W tn F 1 I I 1 .abt g I" II ! I 1 M � ! t� (H f N 0tv ! � I 189.971 i � � ! 00 _o I i i 1; Bi L 3C U. I I ml X15' S: &UI d NAF- 120.004 1 i I N I � 1 }� 5 U. U 1 CO) t i � .£� •I � � I N •w I r Q Ln In N3Cy4k,00ww- Pt Cd 00 m ,N30' B'00 1 \ Mi I "W` Cr_ rn I I z ? • 1 l^,A1FC Drainage Easement Mesa Oaks Subdivision Lots 1 -5, Block 3 Lots 1 -7, Block 2 NTY Cp� 60 &MM100 This page has been added by the Guadalupe County Clerk's office to comply with the statutory requirement that the recording information shall be placed at the foot of the record. 2017024780 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 10/18/2017 3:24:40 PM PAGES: 4 TERESA KIEL, COUNTY CLERK GUADALUPE COUNTY, TEXAS