1990K13- ABANDONMENT OF CERTAIN LAND AND REAL PROPERTY
ORDINANCE NO. 7Cl-/<- L3
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS. AUTHORIZING THE THE
ABANDONMENT OF CERTAIN LAND AND REAL PROPERTY
INTERESTS CURRENTLY OWNED BY THE CITY; AND
OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the City of Schertz,
interest in a right-of-way described
description identified in Exhibit A (the
Texas (the City) has an
by metes and bounds,
Right-of-Way); and
WHEREAS, the City Council (the Council) of the city
intends to abandon its interest in the Right-of-Way; and
WHEREAS, Section 253.001, as amended, and Sectio~
272.001, as amended, Local Government Code (the Code) provides
the statutory mechanism to effectuate the abandonment of the
Right-of-Way by the City; and
WHEREAS, the Council intends to comply with each of the
requirements imposed by Sections 253.001 and 272.001 of the Code;
and
WHEREAS, the Council hereby finds and determines that
the abandonment of the Right-of-way is in the best interest of
the citizens of the City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. The City Council authorizes the abandonment
of the Right-of-Way in accordance with the provisions contained
in Sections 253.001 and 272.001 of the 80de.
the fair
appraisal.
SECTION 2. The City Manager is hereby directed to have
market value of the Right-of-Way determined by an
SECTION 3.
Right-of-Way pursuant
(6) of the Code.
The City Manager is directed to convey the
to the provisions of Se,:tion 272.001 Ib)
SECTION 4. The Mayor is hereby author i:::ed to convey
the Right-of-Way by executing a Special Warranty Deed.
SECTION S. In accordance with the provisions of
Section 253.001 (d) of the Code, the Council recognizes th&t the
proceeds from the sale of the Right-of-Way may only be used to
acquire and improve property for the purposes for which the sold
property was used.
SECTION
thereof. which are
of this ordinance
conflict, and the
remain controlling
6. AIl ordinances and resolutions, or parts
in conflict or inconsistent with any provision
are hereby repealed to the extent of such
prov is ions of this ordinance sha 11 be and
as to the matters ordained herein.
SECTION 7. This ordinance shall be construed and
enforced in accordance with the laws of the State of Texas and
the United States of America.
SECTION 8. If any provision of this ordinance or the
application thereof to any person or circumstance shall be held
to be invalid, the remainder of this ordinance and the
application of such provision to other persons and circumstances
shal1 nevertheless be valid, and the Council hereby declares that
this ordinance would have been enacted without such invalid
provision.
SECTION 9. The reci tal s contained in the preambl e
hereof 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 10. 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 such
meeting, including this ordinance, was given, all as required by
Texas Revised Civil Statutes Annotated 6252-17, as amended.
SECTION 11. This ordinance shall be in force and
effect from and after its final passage, and it is so ordained.
D AND ADOPTED on this the
1990.
.3 _ day of ~, 1990
4f /7r1c day of
APPROVED
on first reading the
ATTEST:
~J-wJfh~ -
/ Mayor, city of SCh~Z, Texas
Dood
STATE OF TEXAS
COUNTY OF GUADALUPE
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KNOW ALL MEN BY THESE PRESENTS:
THAT THE CITY OF SCHERTZ
of
Guadalupe County, Texas
, in consideration of the sum of
Ten Dollars and no/IOO-----------------------DOLLARS($IO.OO
to said grantor
in hand paId by the grantee
hereinafter named, the receipt of which is hereby
acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do
GRANT, SELL
and CONVEY unto
VON SCHEELE CO.
of
Bexar
County, Texas, all that certain property situated in Guadalupe
County, Texas, described as follows, to-wit:
A 0.003 acre tract of land out of the G. Malpaz Survey No. 67 and also being
a part of a road, called Pecan Drive of Val Verde Subdivision, Unit I,
recorded in Volume 3, Page 70 of the Map and Plat Records of Guadalupe County,
Texas and being more particularly described as follows:
BEGINNING: At a point in the Southeast line of Pecan Drive, for the West
corner of this tract, said point being N 59" 57' 00" E 255.04 feet from the
North corner of Lot 26, Block I of Val Verde Subdivision, Unit I, and also
being N 590 57' 00" E 255.04 feet from the West corner of a tract called
Tract II, called 3.01 acres described in Volume 446, Pages 244-246 and referred
to in Volume 543, Pages 838-843 of the Deed Records of Guadalupe County, Texas;
THENCE: N 59" 57' 00" E 25.21 feet to a point in the Northeast line and
end of Pecan Drive, according to a plat of Val Verde Subdivision, Unit I,
for the North corner of this tract, said point also being in an upper South-
west line of said 3.01 acre tract;
THENCE: Along said upper Southwest line, S 290 33' 00" E 25.2 I feet to a
corner of said 3.01 acre tract, for the South corner of this tract;
THENCE: In a Northwesterly direction, along a curve to the left, having a
central angle of 90" 29' 23", a radius of 25.0 feet, a length of 39.48 feet,
and a chord bearing and distance of N 74" 48' 19" W 35.51 feet to the Point
of Beginning and containing 0.003 acres of land, more or less.
TO HAVE AND TO HOLD the said premIses, together with all rights, hereditaments and appurte-
I.successors and assigns
nances thereto belonging, unto the said grantee above named, their ~ forever. And
Les . . /successors qnd ass~ . .
Grantor do 'hereby bind l.tself, l.ts Iflllmdllll Il~JtllOlimIAW<<ilMl to WARRANT
AND FOREVER DEFEND the title to said property unto the said grantee above named, its
/successors and assigns,
~, against every person whomsoever lawfully claiming or to claim the same, or any
part thereof.
EXECUTED this
day of March, A.D. 1990.
THE CITY OF SCHERTZ
BY
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Being a 0.003 acre tract of Ialld out of
the G.. MaIpaz Survey No. 67 and also
being a part of a road, called Pecan Drive,
of Val Verde Subdivision, Unit I, recorded
in Volume 3, Page 70 of the Map and Plat
Records of Guadalupe County, Texas.
STATE OF lEXAS }
COUNTY OF CONAL .
, ......, CUTIN THAT 10 THE lOT or MY tcNOWLIDI'- ANDNUU
TNI "'.wE PLAT '1 TIIJI AND COMICT ACCOIllD.. TO AN ACTUAL
IU"VIY IMOE ON THI eROUJrI) UND€_ IIY IUNNYISION
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STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT THE CITY OF SCHERTZ
of
Guadalupe County, Texas
, in consideration of the sum of
Ten Dollars and no/IOO-----------------------DOLLARS($IO.OO
to said grantor
in hand paid by the grantee
hereinafter named, the receipt of which is hereby
acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do
GRANT, SELL
and CONVEY unto
VON SCHEELE CO.
of
County, Texas, all that certaIn property situated In Guadalupe
Bexar
County, Texas, descrIbed as follows, to-wit:
A 0.003 acre tract of land out of the G. Malpaz Survey No. 67 and also being
a part of a road, called Pecan Drive of Val Verde Subdivision, Unit I,
recorded in Volume 3, Page 70 of the Map and Plat Records of Guadalupe County,
Texas and being more particularly described as follows:
BEGINNING: At a point in the Southeast line of Pecan Drive, for the West
corner of this tract, said point being N 590 57' 00" E 255.04 feet from the
North corner of Lot 26, Block I of Val Verde Subdivision, Unit I, and also
being N 590 57' 00" E 255.04 feet from the West corner of a tract called
Tract II, called 3.01 acres described in Volume 446, Pages 244-246 and referred
to in Volume 543, Pages 838-843 of the Deed Records of Guadalupe County, Texas;
THENCE: N 590 57' 00" E 25.21 feet to a point in the Northeast line and
end of Pecan Drive, according to a plat of Val Verde Subdivision, Unit I,
for the North corner of this tract, said point also being in an upper South-
west line of said 3.01 acre tract;
THENCE: Along said upper Southwest line, S 290 33' 00" E 25.21 feet to a
corner of said 3.01 acre tract, for the South corner of this tract;
THENCE: In a Northwesterly direction, along a curve to the left, having a
central angle of 900 29' 23", a radius of 25.0 feet, a length of 39.48 feet,
and a chord bearing and distance of N 740 48' 19" W 35.51 feet to the Point
of Beginning and containing 0.003 acres of land, more or less.
TO HAVE AND TO HOLD the said premIses, together wIth all rIghts, hereditaments and appurte-
I.successors and assigns
nances thereto belonging, unto the said grantee above named, their ~ forever. And
Les /successors and assigns
Grantor do 'hereby bind itself, its kJlimKfiJl!t1j;1jtlfllxOOlk~xltm to WARRANT
AND FOREVER DEFEND the title to said property unto the said grantee above named, its
/successors and assigns,
~, against every person whomsoever lawfully claIming or to claIm the same, or any
part thereof.
EXECUTED this
day of March, A.D. 1990.
THE CITY OF SCHERTZ
BY
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STATE OF TEXAS
}
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name
subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consIderation thereIn expressed.
Given under my hand and seal of offIce, this
day of
Notary Public
County, Texas.
STATE OF TEXAS
l
S
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name
subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consIderation thereIn expressed.
GIven under my hand and seal of office, this
day of
Notary Public
County, Texas.
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S. CRAIG IIOLL1\UG, INC.
CONSULTING ENGINEERS - SURVEYORS
4tO N. SEGUIN STREET
NEW BRAUNFELS. TEXAS 78130-808"
TEXAS SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN SOCIETY OF CIVIl- ENGINEERS
TEXAS SURVEYORS ASSOCIATION
TELEPHONE: (812) 82!5-8!5!5!5
WATER SYSTEMS. SEWER SYSTEMS. SUBDIVISIONS. LAND PLANNING. STREETS. DRAINAGE. SURVEYING
FIELD NOTES
FOR
A 0.003 acre tract of land out of the G. MaIpaz Survey No. 67 and also being
a part of a road, called Pecan Drive of Val Verde Subdivision, Unit I,
recorded in Volume 3, Page 70 of the Map and Plat Records of Guadalupe County,
Texas and being more particularly described as follows:
BEGINNING: At a point in the Southeast line of Pecan Drive, for the West-
corner of this tract, said point being N 590 57' 00" E 255.04 feet from the
North corner of Lot 26, Block 1 of Val Verde Subdivision, Unit I, and also
being N 590 57' 00" E 255.04 feet from the West corner of a tract called
Tract II, called 3.01 acres described in Volume 446, Pages 244-246 and referred
to in Volume 543, Pages 838-843 of the Deed Records of Guadalupe County, Texas;
THENCE: N 590 57' 00" E 25.21 feet to a point in the Northeast line and
end of Pecan Drive, according to a plat of Val Verde Subdivision, Unit I,
for the North corner of this tract, said point also being in an upper South-
west line of said 3.01 acre tract;
THENCE: Along said upper Southwest line, S 290 33' 00" E 25.21 feet to a
corner of said 3.01 acre tract, for the South corner of this tract;
THENCE: In a Northwesterly direction, along a curve to the left, having a
central angle of 900 29' 23", a radius of 25.0 feet, a length of 39.48 feet,
and a chord bearing and distance of N 740 48' 19" W 35.51 feet to the Point
of Beginning and containing 0.003 acres of land, more or less.
The foregoing field notes represent the results of an on-the-ground survey
made under my supervision, March 19, 1990.
?!lff?~;f
S. Craig ollfu1g -
Registered Professional Land Surveyor #2389