1990K9- ABANDONMENT OF CERTAIN LAND AND REAL PROPERTY INTEREST
ORDINANCE NO... ~t1-ts:.-Cl
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING 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, Texas (the City) has an
interest in a right-of-way described by metes and bounds,
description identified in Exhibit A (the Right-of-Way), and
WHEREAS, the City Council (the Counci 1) of the City
intends to abandon its interest in the Right-of-Way, and
WHEREAS, Section 253.001, as amended, and Section
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 Code.
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
of the Code.
The City Manager is directed to convey the
to the provisions of Section 272.001 (b)(6)
SECTION 4. The Mayor is hereby authorized to convey
the Right-of-Way by executing a Quitclaim Deed.
SECTION S. In accordance with the provisions of
Section 253.001 (dl of the Code, the Council recognizes that 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 6. All ordinances and resolutions. or parts
thereof, which are in conflict or inconsistent with any prOVLSLon
of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shal1 be and
remain controlling 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 prOVLSLon 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
shall nevertheless be valid, and the Council hereby declares that
this Ordinance would have been enacted without such invalid
provision.
SECTION 9. The recital s contained in the preamble
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 official 1 y found, determined. and
declared that the meeting at which this Ordinance is adopted was
open to the publ ic and publ ic 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
Texas Revised Civil Statutes Annotated Article 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.
APPROVED on first reading the ;;l.6 day of
7 ,.g~_-
6
, 1990.
PASSED. APPROYED r~N~ !,~TED on this the
'12tJ ~ , 1990.
day of
~r,
ATTEST:
~
y Sec~eta Y. City of Schertz
Project No. 1122.24
January 25, 1990
STATE OF TEXAS:
COUNTY OF GUADALUPE:
FIELDNOTES
FOR
WILLIAMS STREET
RIGHT-OF-WAY CLOSURE
KOCH ADDITION, SCHERTZ, TEXAS
FIELDNOTES for the closure of right-of-way of a portion of
Wright Avenue and all of Williams Street between Curtiss
Avenue and Wright Avenue, said closure being 0.40 acres of
land out of the Koch Addition as recorded in the Deed
Records of Guadalupe County, Volume 209, Page 169, also
being out of the G. Malpaz Survey No. 67, Guadalupe County,
Texas and being more particularly described as follows:
BEGINNING at a one half inch iron rod found in the North
line of Curtiss Avenue, said point being the southwest
corner of the Koch Addition as recorded in the Deed Records
of Guadalupe County, Texas, Volume 209, Page 169, and being
the east line of Aviation Heights Subdivision as recorded in
the Deed Records of Guadalupe County, Texas, Volume 2, Page
14, said point also being the southwest corner of Williams
Street as it has now been relocated to platted Lots 1,2,7
and 8, Block 4, Koch Addition, recorded in the Deed Records
of Guadalupe County, Texas, Volume 209, Page 169;
THENCE, with the east line of Aviation Heights Subdivision
and the west line of Koch Addition, North 30' 00' 00" West a
distance of 286.00 feet to a point on the south right-of-way
line of Wright Avenue, said point being the Northwest corner
of Lot 7, Block 4 and Williams Street right-of-way;
THENCE, continuing North 30' 00' 00" West, a distance of
60.00 feet to a point in the north right-of-way line of
Wright Avenue to a one half inch iron rod found for the
Northwest corner of this survey;
THENCE, with the North line of Wright Avenue, North 60' 00'
00" East, a distance of 50.00 feet to a point set for the
northeast corner of this survey;
THENCE, South 30' 00' 00" East, a distance of 60.00 feet,
severing Wright Avenue to a point on the south line of
Wright Avenue, said point being the northeast corner of Lot
8, Block 4 of the Koch Addition and being the northeast
corner of the Williams Street right-of-way;
Page 1
THENCE, continuing South 30. 00'00" East, a distance of
286.00 feet, to the north line of Curtiss Avenue, said point
being the southeast corner of Lot 2, Block 4 of the Koch
Addition for the Southeast corner of this survey;
THENCE, with Curtiss Avenue, South 60. 00' 00" West, 50.00
feet to the POINT OF BEGINNING, and containing 0.40 acres of
land.
Page 2
MEMO FOR RECORD
DATE: February 20, lY90
SUBJECT: Will iams St. Dead End.
TO: Mr. Sweatt, City Manager
FROM: Thomas Dovey, Tax Assessor/Collector
1. In accordance with your instructions, I have researched property
values adjacent to the 50' X 346' Will iams St. dead end adjacent to
Schertz Elementary.
2. I feel that a value of $5,190.00 to be a reasonable value for this
property (Williams St.) justified as follows:
a) Adjacent residential lots on both Curtis Ave. and Wri9ht Ave.
are 25' wide by approximately 137' deep (3,4251Sl,). The Guadalupe
Appraisal District appraises these lots at $2,125.00 or 0.62~ a tsl,.
Granted there are usually 2 or 3 lots per parcel at a value of
$4,250.00.
b) The limiting factors of this alley (Williams St.) are:
1) No outlet
2) No Utilities
3) No curb
4) Adjacent to a school
5 ) Rough pavement
c) 50' X 346' = 17,300 tsI.. in this alley. At .6U'\;l. the value
would be approximately $10,726.00 reducing the overall value for the
items mentioned in (b) above. I feel that .3M 1S\ is a reasonable
value. .30 X 17,300 = $5,190.00
3. A Guadalupe Appraisal District appraiser concurs in my figures.
Please advise if additional information is desired.
Respectfully submitted,
~~
Thomas Dovey
TRACK 2 I
4.43 ACRES
DEED '" VOL. 354, PAGE
SCHERTZ-CIBOLO I.SDy /'
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0.40 ACRE
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Project No. 1122.24
January 25, 1990
STATE OF TEXAS:
COUNTY OF GUADALUPE:
FIELDNOTES
FOR
WILLIAMS STREET
RIGHT-OF-WAY CLOSURE
KOCH ADDITION, SCHERTZ, TEXAS
FIELDNOTES for the closure of right-of-way of a portion of
Wright Avenue and all of Williams Street between curtiss
Avenue and Wright Avenue, said closure being 0.40 acres of
land out of the Koch Addition as recorded in the Deed
Records of Guadalupe County, Volume 209, Page 169, also
being out of the G. Malpaz Survey No. 67, Guadalupe County,
Texas and being more particularly described as follows:
BEGINNING at a one half inch iron rod found in the North
line of curtiss Avenue, said point being the southwest
corner of the Koch Addition as recorded in the Deed Records
of Guadalupe County, Texas, Volume 209, Page 169, and being
the east line of Aviation Heights Subdivision as recorded in
the Deed Records of Guadalupe County, Texas, Volume 2, Page
14, said point also being the southwest corner of Williams
Street as it has now been relocated to platted Lots 1,2,7
and 8, Block 4, Koch Addition, recorded in the Deed Records
of Guadalupe County, Texas, Volume 209, Page 169;
THENCE, with the east line of Aviation Heights Subdivision
and the west line of Koch Addition, North 30. 00' 00" West a
distance of 286.00 feet to a point on the south right-of-way
line of Wright Avenue, said point being the Northwest corner
of Lot 7, Block 4 and Williams street right-of-way;
THENCE, continuing North 30. 00' 00" West, a distance of
60.00 feet to a point in the north right-of-way line of
Wright Avenue to a one half inch iron rod found for the
Northwest corner of this survey;
THENCE, with the North line of Wright Avenue, North 60. 00'
00" East, a distance of 50.00 feet to a point set for the
northeast corner of this survey;
THENCE, South 30. 00' 00" East, a distance of 60.00 feet,
severing Wright Avenue to a point on the south line of
Wright Avenue, said point being the northeast corner of Lot
8, Block 4 of the Koch Addition and being the northeast
corner of the Williams Street right-of-way;
Page 1 ,1 I,'
['I' 'If\/! /1
-,;
I
THENCE, continuing South 30' 00'00" East, a distance of
286.00 feet, to the north line of Curtiss Avenue, said point
being the southeast corner of Lot 2, Block 4 of the Koch
Addition for the Southeast corner of this survey;
THENCE, with curtiss Avenue, South 60' 00' 00" West, 50.00
feet to the POINT OF BEGINNING, and containing 0.40 acres of
land.
Page 2 u
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G. MALPAZ SURVEY
ABSTRACT NO. 221
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STATE OF TEXAS
COUNTY OF GUADALUPE
THE CLOSURE OF RO. W. OF A PORTION OF WRIGHT
A VENUE AND ALL OF WILLIAMS STREET BETWEEN
CURTISS AVE AND WRIGHT AVE SAID CLOSURE
BEING 040 ACRES OF LAND OUT OF THE KOCH
ADDITION AS RECORDED IN DEED RECORDS OF
GLJADULUPE COUNTY, VOLUME 209, PAGE 169, ALSO
BEING OUT OF THE G. MALPEZ SURVEY NO 67.
GUADALUPE CGUN TY, TEXAS
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ORDINANCE NO.
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ.
TEXAS. AUTHORIZING 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 Section
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 Code.
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. The City Manager is directed to convey the
Right-of-Way pursuant to the provisions of Section 272.001 (bl(6)
of the Code.
SECTION 4. The Mayor is hereby authorized to convey
the Right-of-Way by executing a Quitclaim Deed.
SECTION 5. In accordance with the provisions of
Section 253.001 (d) of the Code, the Council recognizes that 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
confl ict, and the
remain controlling
6. All ordinances and resolutions, or parts
in conflict or inconsistent with any provision
are hereby repealed to the extent of such
provisions of this Ordinance shall 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 inval id, the remainder of this Ordinance and the
application of such provision to other persons and circumstances
shall nevertheless be valid, and the Council hereby declares that
this Ordinance would have been enacted without such invalid
provision.
SECTION 9. The recitals contained in the preamble
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 offlciall y 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
Texas Revised Civil Statutes Annotated Article 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.
APPROVED on first reading the
day of________
1990.
PASSED, APPROVED AND ADOPTED on this the
1990.
day of
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz
(SEAL OF CITY)
DEED
Date: January 31, 1990
Grantor: CITY OF SCHERTZ
Grantor's Mailing Address: P. O. Drawer I, Schertz, Guadalupe
County, Texas 78154
Grantee: SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
Grantee's Mailing Address: 1060 Elbel Road, Schertz, Guadalupe
County, Texas 78154
Consideration: Ten and no/IOO Dollars ($10.00)
Property: See Exhibit A attached hereto and made a part hereof
for property description
Reservations from and Exceptions to Conveyance:
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, and all warranties that might
arise by common law and the warranties in ~ 5.023 of the Texas
Property Code (or its successor) are excluded.
CITY OF SCHERTZ
By
STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me by Earl W.
Sawyer, Mayor of the City of Schertz, as the act of the City of
Schertz and in his capacity therein stated and on behalf of said
City.
NOTARY PUBLIC - STATE OF TEXAS
My Commission Expires
(PrInted Name of Notary)
AFTER RECORDING RETURN TO:
SCHERTZ-CIBOLO-UNIVERSAL CITY
INDEPENDENT SCHOOL DISTRICT
1060 Elbel Road
Schertz, Texas 78154
PREPARED IN THE LAW OFFICE OF:
BENBOW, GROSS, RICHARD, ZAUFT &
CHAMPION
212 Stumberg, Suite 100
San Antonio, Texas 78204
(512) 224-9122/659-4421