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1985R12- ABADONMENT OF A PORTION OF DOERR LANE '" ,. RESOLUTION NO. 90- R - /:J,. A RESOLUTION BY THE CITY OF COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING THE ABANDONMENT OF A PORTION OF DOERR LANE AS AN EASEMENT FOR STREET PURPOSES; PROVIDING FOR THE EXECUTION OF A QUITCLAIM DEED TO RYMEC REAL ESTATE INVESTORS 83-01 LTD., A TEXAS CORPORATION IN CONSIDERATION FOR THE CONVEYANCE BY SAID CORPORATION OF THE IMPROVEMENTS TO THE TRI- COUNTY BUSINESS AND INDUSTRIAL PARK UNIT TWO; AND PROVIDING FOR THE TERMS AND CONDITIONS OF THE CONVEYANCE MADE HEREIN. WHEREAS, the City of Schertz, Texas (the "City") , acting pursuant to law, and upon the request and petition of Ryrnec Real Estate Investors !ii 83-:-01 Ltd. ("Rymec Ltd."), the grantee of the easement hereinafter described ("Grantee"), deems it advisable to abandon and quitclaim the hereinafter described tract of land (being a portion of Doerr Lane) to the Grantee in consideration conveyance of the hereinafter described improvements made by Grantee to the Tri-County Business and Industrial Park Unit Two; and is of the opinion that said tract is not needed for public use, and that the same should be abandoned and quitclaimed to said Rymec, Ltd. as hereinafter provided, for the consideration hereinafter stated: WHEREAS, the City is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same to Rymec, Ltd. for the consideration hereinafter more fully set forth; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: That the following described tract of land in the City of Schertz, Texas, be and the same is hereby abandoned, vacated, and closed insofar as the right, title, and easement of the public for street purposes are concerned, to-wit: A tract of land containing 2.511 acres (more or less) out of the Torribio Herrera Survey No. 68, Abstract No. 205 and the Geo. Dolson Survey No. 96, Abstract No. 120, Comal County, Texas, and being more particularly described as follows: BEGINNING: At an iron pin set in the west right-of-way of F .M. 3009 said point being the point of intersection of the west right-of-way line of F.M. 3009 and the north right-of-way line of Doerr Lane; THENCE: Across Doerr Lane along the extension of the east right-af-way line of F.M. 3009 as follows: S 24059'00" E; 81.29 feet; 68.98 feet along the arc of a curve to the right which has a central angle of 39031'24", a radius of 100.00 feet and a chord of 67.62 feet which bears S 5013 ' 18" W to an iron pin set in the south right-of-way line of Doerr Lane for a corner of the herein described tract; ; i THENCE: Southwesterly along the south right-of-way line of Doerr Lane as follows: N 69059'42" W, 72.59 feet; S 74029'04" W, 55.17 feet; N 79021'55" W, 65.05 feet; S 60020'00" W, 1071.87 feet; S 60010'00" W, 810.00 feet; N 84033'53" W, 44.40 feet to an iron pin west right-of-way line of Doerr Lane at a bend road; in in the the THENCE: N 30051'42" W, 95.93 feet and N 07038'29" W, 57.67 feet to an iron pin set for the point of curvature of a curve to the left which has a central angle of 23013'12", a radius of 460.00 feet and a chord of 185.15 feet which bears N 19050'05" W; THENCE: 186.42 feet along the arc of said curve to an iron pin set in the east right-of-way line of Doerr Lane for the point of tangency; THENCE: Along the east right-of-way line of Doerr Lane as follows: S 25055'08" E, 241.20 feet; S 79011'53" E, 115.99 feet to an iron pin set in the north right-of-way line of Doerr Lane; THENCE: N 59053'50" E, 495.34 feet; N 60012'00" E, 1009.22 feet; N 60000'20" E, 390.84 feet; S 29016'05" E, 16.02 feet and N 60013'00" E, 82.06 feet to the POINT OF BEGINNING and containing 2.511 acres of land (more or less). SECTION 2: That for and in consideration of the conveyance of Rymec, Ltd. of the following described real property in the City of Schertz, Texas, to-wit: the improvements to Tri-County Business and Industrial Park Unit Two, as recorded in Volume 8, Pages 121-124 in the Deed Records of the County of Comal, Texas, the City does, by these presents, bargain, sell, release, remise, and forever quitclaim unto the said Rymec, Ltd. and its assigns, all its right, title, and interest in and to that certain tract of land hereinabove described. To have and to hold the said premises, together with all and singular the rights, privileges, herediments and appurtenances thereto in any manner belonging, unto the said Rymec, Ltd. and assigns forever, so that neither it, the said City of Schertz, nor its successors, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises and appurtenances, or any part thereof. SECTION 3. This conveyance 1S made subject to all present zoning and deed restrictions, if the latter exists, and is subject to all existing easement rights of others, if any, whether apparent or nonapparent, area, surface, underground, or otherwise. SECTION 4. That the terms and conditions contained in this Resolution shall be binding upon the Grantee Rymec, Ltd. and assigns. -2- : .. SECTION 5. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement, and interest, and shall be construed to extend only to that interest the governing body of the City of Schertz may legally and lawfully abandon and vacate. SECTION 6. That the City Secretary is authorized and directed to cause a certificate of Resolution to be delivered to Grantee for recording in the Records of Comal County, Texas upon receipt of consideration hereinabove specified. hereby this Deed the ~ Mayor, day of PASSED, ADOPTED AND APPROVED on the O~ 1985. ATTEST: Texas (Sea 1 of City) -3-