1983M13- 100 FIRST STREET
ORDINANCE NO. 'if':5 - IJ1-/3
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
DECLARING THAT THE CITY PROPERTY AT 100 FIRST STREET
IS EXCESS TO THE NEEDS OF THE CITY OF SCHERTZ AND IS
HEREBY AUTHORIZED TO BE SOLD IN ACCORDANCE WITH VERNON'S
TEXAS CIVIL STATUTES, ARTICLE 1017; AND DECLARING EMERGENCY.
WHEREAS, The City Council of the City of Schertz, Texas, has
considered the matter of the sale of the hereinafter
described property belonging to the said city; and
WHEREAS, it appearing to the City Council that such sale was
fairly held and was in conformity with the law and
upon noti ce as requi red by 1 aw said property has brought a fa ir price
and that the bidder accepted therefore was the best bidder for the said
tract of land; NOW THEREFORE,
BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the bid of Mr. David A. Degollado, in the amount of $23,000.00
for the hereinafter described tract of land be accepted as being the best
bid for the said tract of land hereinafter described; and that the Mayor
of said city shall execute and deliver to said purchaser, David A. Degollado,
upon his paying in cash the amount of $23,000.00, the amount of said bid
to the City, a deed conveying to the said purchaser the said tract of land
hereinafter described, to wit:
100 First Street, most recently known as the Schertz
Public Library; as recorded in Volume 325, page 443
Deed Records, Guadalupe County, Texas, and filed
July 24, 1959 and legally described as:
All that lot or parcel of land lying and being situated in
Guadalupe County, Texas, at Schertz, Texas, north of the
right of way of the G.H. & S.A. Railroad Co. RoWand being
a part of the G. Malpaz Survey No. 67, and described as
BEGINNING at a stake in the south line of the Cibolo-Selma
Road, which is also the west corner of a tract of land
conveyed by Wm. Schertz and wife to the G.H. & S.A.Ry Co.
by deed dated Jan. 26, 1899, and recorded in deed records
of the Guadalupe County, Texas, in Vol. 15, pages 57/8;
THENCE S 300 E with W line of said Railway tract of land,
110! feet to a post in N boundary of the right of way of
said Railway Company, the S corner of the tract of land
conveyed by Wm. Schertz and wife to the G.H. & S.A. Ry.
Co:
THENCE: S 63!0 W with said right of way 36 feet to a stake;
THENCE: N 300 W 109 feet to a stake in the S line of the
Cibolo Selma Road;
THENCE: N 600 E with the S boundary line 36 feet to the
point of beginning, being the same land described in deed
from H. W. Ebert to W.E. Ebert and A.W. Ebert, dated
March 19, 1924, recorded in Vol. 73, page 501 of the deed
records of Guadalupe County, Texas, and in deed from A.W.
Ebert to W.E. Ebert, dated May 25, 1946, of record in
Vol. 219, pages 178-9 of the Deed Records of Guadalupe
County, Texas, and being that same tract of land conveyed
by W.E. Ebert to Richard Schertz, dated Nov. 22, 1946,
recorded, in Vol. 222, page 602 of the Deed Records of
said County.
The public importance of this measure constitutes and creates an
urgent public necessity requiring that this ordinance be passed and take
effect as an emergency measure; and shall take effect and be in force
immediately upon and after its passage.
PASSED, APPROVED AND ADOPTED this the # d.day of Oc)/;;/eF0
195'? .
n
W~
City of Schertz
ATTEST:
(SEAL OF CITY)
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acquisition of said interest desired, said city or county may,
immediately after filing condemnation suit, as now provided by law,
take possession of said lands by depositing with the County Clerk the
amount of money estimated by the Commissioners' Court or City
Council of the city or county involved, to be the just compensation for
the interest in the land taken. Said petition for condemnation shall set
forth the amount of said money so found by the Commissioners' Court
or City Council, to be just, and such finding shall be made by said body
prior to the filing of the petition of condemnation. In the event the
Special Commissioners appointed under the condemnation statutes,
after a hearing as provided by law, find the just compensation to be
greater than the amount fixed by the Commissioners' Court or City
Council, then an additional amounl shall be deposited with the County
Clerk by the taking authority, so as to equal the amount found by the
Commissioners. Condemnation may be in the name of the city or
county and said city or county may at any time after the taking, which
shall be from the date the deposit of the money estimated by the
Commissioners' Court or City Council, or the date of deposit of the
amount fixed by the Special Commissioners in the event the taking is
not desired until after the Commissioners have acted thereon, transfer
the interest acquired by the taking to the United States Government.
Sec. 4. Any city or county may contract with the United States
Government or its agencies obligating itself to acquire a lease-hold
interest, or fee simple title in land as above authorized and any
agreement heretofore executed by any city or county with the United
States Government binding itself to acquire interest in land for the
Government is hereby validated.
Sec. 5. If any section, sub-section, sentence, clause or phrase of
this Act shail be held unconstitutional for any reason, such fact shall
not affect the remaining portions hereof.
Section V:
Sale or Trade of City Land
- ----~ Art. 1017. Sale of parks, land for buildings and
abandoned streets, etc.; disposition of
proceeds
The governing bOdy of any incorporated city or town in this State,
however incorporated, may sell and convey any land or interest in land
owned, held or claimed as public square, park or site for city'hall or
other municipal building, and abandoned parts of streets and alleys,
together with all improvements on any such property owned by any
such city or town. The proceeds of any such sale shall be used only for
the acquisition and improvement of property for the same uses as that
so sold. Provided, however, that the title of any purchaser of such
property for a valuable consideration shall not be impaired by reason of
the failure of such governing body to so apply said funds. Such sales
shall be made by an ordinance passed by such governing bodies which
shall direct the execution of conveyance by the mayor or city manager
of any such city or town. 377
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12!S-W4IUIAHTT 011:1:0
TEXAS STAN DUD "ORII
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,
w4r ~tatr of Wr~a!i1
(!!uuttly uf Gua,ja Ill)" e
That We, Richard Schertz and wife, Henrietta Schertz,
1!(uuw p.ll tlrl1 by IDqrnr tttrr!lrl1t!l:
,
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of the County of
Guadal upe
State of
Texas
for and in consideration
of the sum of
Ten and no/100 ($10.00)
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and o~Ysh good and valuable c~sh consideration,
to us/ in hand paid by The City of Schertz, an incorporated
I which is hereby acknowled~ed and confessed.
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OOLLARS
'.
city, receipt of
llfr:ili>'''' L~ J
I .Oo--""OMISSO"V NOTl[
,
T!:XA6 STAl'WA'RD "'ORM
THE ODE!: COMI-ANY, ,"USLfSHERS. DALI
,Texas)
July 15,
59
11. D. 19_
- - - - -after date, for value received,
ed, promise to pay to the order ot
"
- - - - - - - - - - - - - - -
One
100 ($1,500.00)
witb ~
nollars
at
date
per cent interest per annum from
AND IN THE E
ATTORNEY FOR C L
INGS, THEN THE
HEREON SHALL BE
THE PAYMENT OF THIS NOTE AT MATURITY, AND IT IS PLACED IN THE HANDS OF AN
T ON THE SAME OR SAME IS COLLECUD THROUGH BANKRUPTCY OR PROBATE PROCEED--
N ADDITIONAL AMOUNT OF TEN PER C~T ON THE PRINCIPAL AND INTEREST THEN DUE
ECTION FEES. -
DUE
Dec.
City of Scher
By: (r:f?J-
Mayo -
Z L Texas
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~ ADDRESS Atte~t~
7~t::::':
, PHON' Cit'l 3eG" etary
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all that certain
VOL 325 P^GE 443
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
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and appurtenances thereto in anywise belonging unto the said
City of Schertz, its successors and assigns,
t,!iIIIr/1l';'~Pls forever and we do hereby bind
ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises
unto the said
City of Schertz, its succ~ssors and assigns,
their successors
/tlill and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
WITNESS
O'lT hand S
Schertz
at ~~, T~;xas
this
16
day of
July
,19 59.
f.'/i/rIelf NrfNe/;t/ Nc;lrf.p# II
x
THE STATE OF TEXAS,
COUNTY OF
SINGLE ACKNOWLEDGBIENT
x
}
x
X
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeand
X
known to me to be the pcrsoIX whose name
me that he executed the same for the
X
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
subscribed to the foregoing instrument, and acknowledged to
purposes and consideration there~pressed.
(L,S,)
day of
X
A. D.19
X
------..-.-.----...---...----------...-----......--.-..---._-----.-
Notary Public in aHd for
County, Texas
x
x
THE STATE OF TEXA,S,
COUNTY OF
WIFE'S SEPARATE ACNOWLEDGMENT
~
X
X
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
, wife of , known
to me to be the person whose name is ::;ubscribed to the for"egoing instrument, and having be~ examined by me privily and
apart from her husband, and having the same fully explained to her, she, the said
acknowledged such instrument to be hfj( act and deed, and she declared that she had wiHin5tY signed the same for the
purposes and consideration therein expressed, and that she did not wish to retract it.
X
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
X
day of
A. D. t9
(L.S.)
----------...-----.-.----..----.---.-.-----.-..---
X
X
Notary Public in and for
County, Texas
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF Gua lal e
}
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
Rich'lrd Schertz
and
Henriett@ Schertz,
, his wife, both
known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that
they each executed the same for the purposes and consideration therein expressed, and the said
Henrietta Schertz, ,wife of the said Rich"rd Schertz,
having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the
said He-?riett8 Schertz, acknowledged such instrument to be her act and deed, and she
decJar$.4 ;th.at..,s.~~,had willingly signed the same for the purposes and consideration therein expressed, and that she did not
wish :ia~act'it~",~' ,._
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dayof July
A. D. 19 59
..:'c(L.S.)
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-..........~-....._._..,.
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Notary Public in and for
Clarabel Thulellllyer
a 1 u D-e..--....----.---.--~~.::~~h;::
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THE STATE OF TEXAS,
COUNTY OF
;
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record in my office on the
and was duly recorded by me on the
I HEREBY CERTIFY that the foregoing instrument of writing with its certificate of authentication, was filed for
day of
,A. D.19
at
o'clock
~.f.,
in Vol.
, page,
day 01
. of the Records of said Count:;-.
A. D. g.
\VITNESS MY HAKD and the Seal of the County Court of said County, at my office in
the day and year last above WriU(;L.
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Count;. Or-ri;
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County, Texa..:,;
By
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on the GrO~
1400 LIVE OAK ROAO
P,O. DRAWER I
SCHERTZ, TEXAS 78154
AC(512)658'74IT
September 30, 1983
Mr. David A. Degol1ado
812 Maple Drive
Schertz, Texas 78154
Dear Mr. Degollado:
"_4!'
The City Council ~as accepted your bid to purchase the building at
100 First Street (former Public Library building), in the amount of
$23,000.00.
Please contact June Krause to initiate the necessary documentation
to transfer the property.
Sincerely,
Ji::?? Gilmore
City Manager
JGG/jgk
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JIMMY G. GILMORE
CITY MANAGER
SEPTEMBER 20, 1983
CITY OF SCHffiTZ
REFERENCE MY BID OF $18,100.00 FOR THE SALE OF CITY OWNED PROPffiTY AT 100
FIRST STREET. (SCHERTZ PUBLIC LIBRARY)
I WOULD LIKE TO REVISE MY BID TO READ $23,000.00. THIS WILL BE MY FINAL
OFFER.
THA/NYOU/. ./' ~...r~?
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