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19-K-05 - releasing and terminating vehicular non access easement on lot 3, block 18 and lot 27 block 14 of the Reserve at Schertz II Unit 4AN ORDINANCE OF THE CITY COUNCIL SCHERTZ, TEXAS, RELEASING AND TERMINATING VEHICULy, NON ACCESS EASEMENT ON LOT 3, BLOCK OF . AND ESTABLISHING AN EFFECTIVE DATE HEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Triple H Development, LLC, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Bexar County on June 22, 2018 as document number 20180119989 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 and Lot 27, Block 14, The Reserve at Schertz II, Unit 4, has requested to install residential driveway cuts onto Largoza Ave; and WHEREAS, There would be no adverse impact to transportation 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 Vehicular Non - Access 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, BE IT ORDAINED BY THE CITY COUNCIL OF 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 release and termination of the vehicle non access 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, 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 5th day of February 2019 PASSED, APPROVED and ADOPTED on final reading the 12th day of February 2019. ATTEST: Secretary CITY OF SCHERTZ Mayor Pro -Tem, I on He and Exhibit A "Release and Termination of Public Drainage Easement" THE STATE OF TEXAS § COUNTY OF BEXAR § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Triple H Development, LLC, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Bexar County on June 22, 2018 as document number 20180119989 (hereinafter the "Easement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 and Lot 27, Block 14, The Reserve at Schertz II, Unit 4, has requested to install a residential driveway cuts onto Largoza Ave; and WHEREAS, There would be no adverse impact to transportation 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 Bexar County, Texas, as document number 20180119989, and attached hereto as Exhibit "A" will be of no further force or effect. 1W4 Woul ATTEST: Brenda Dennis, City Secretary Dr. Mark Browne, City Manager ICY: jL-jII11YD[17�YCIF CITY OF SCHERTZ, TEXAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Dr. Mark Browne, 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 the _day of , 2019. [Seal] Notary Public in and for the State of Texas My Commission Expires: City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 Exhibit A (1 of 2 pages) — Description of the V Vehicular Non - Access Easements The Vehicular Non - Access Easement is identified as being 1 foot in depth and being parallel to the eastern property line of Lot 3, Block 18, The Reserve at Schertz II, Unit 4 as called out and established in the Final Plat Establishing The Reserve at Schertz II Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989. Said easement is adjacent to and immediately west of the Largoza Ave Right -of -Way line, as shown on the plat. The Vehicular Non - Access Easement is identified as being 1 foot in depth and being parallel to the western property line of Lot 27, Block 14, The Reserve at Schertz II, Unit 4 as called out and established in the Final Plat Establishing The Reserve at Schertz II Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989. Said easement is adjacent to and immediately west of the Largoza Ave Right -of -Way line, as shown on the plat. An excerpt from the Final Plat Establishing The Reserve at Schertz II, Unit 4, recorded on June 22, 2018 in the Bexar County, Texas Plat records as Document Number 20180119989 is included below and identifies the easements in a cloud.