17-K-47 - Closing and abandoning to the abutting property owner a portion of ROW west of FM 1518 apprx 850 feet south of intersection of lower seguin roadORDINANCE NO. 17 -K -47
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CLOSING AND ABANDONING TO THE
ABUTTING PROPERTY OWNER A PORTION OF RIGHT -OF -WAY
WEST OF FM 1518, APPROXIMATELY 850 FEET SOUTH OF THE
INTERSECTION OF LOWER SEGUIN ROAD AND FM 1518; AND
ESTABLISHING AN EFFECTIVE DATE HEREOF
WHEREAS, the City of Schertz, Texas, a home rule municipality, has established a public
right -of -way immediately to the west of FM 1518, approximately 850 feet south of the intersection
of Lower Seguin Road and FM 1518, as further described on Exhibit "A ", attached hereto,
(hereinafter the "Subject Area "); and
WHEREAS, the Subject Area is located to the west of FM 1518 a TxDOT right -of-
way; and
WHEREAS, as a result of FM 1518 being improved, the Subject Area is no longer
needed for the Trainer Hale Road Right -Of -Way; 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;
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WHEREAS, on the 14th day of November, 2017, a Public Hearing was held to allow
members of the public to give testimony, and comment, on the merits of the Subject Area
abandonment.
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, said portion of right
of way is not needed for public purpose and it is in the public interest to abandon said portion
of right of way.
Section 3. That the Subject Area as depicted on Exhibit "A ", is hereby closed,
abandoned and vacated 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,
subject to the conditions of Section 4.
Section 4. That the Subject Area is abandoned to the abutting owner, as authorized by
Section 311.007 of the Texas Transportation Code and Section 272.001(b)(2) of the Texas Local
Government Code conditioned upon the Subject Area being platted into the property of the
abutting property owner within 12 months. The plat must not create any non - conforming lots.
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 14th day of November, 2017
PASSED, APPROVED and ADOPTED on final reading the 28th day of November, 2017.
CITY
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
R. Carpenter, Mayor
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Exhibit A
Portion of right -of -way to be abandoned,
located west of FM 1518
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