2007M29-Exchange of Strip of Land
ORDINANCE NO.
07-M-29
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE EXCHANGE WITH AN
ABUTTING LAND OWNER OF A STRIP OF LAND FOR OTHER
PROPERTY OF SUCH OWNER TO BE DEDICATED TO THE CITY
WHEREAS, a portion of a water tank site (marked "A" on the attached Exhibit A) (the
"Strip Parcel") is owned by the City of Schertz, Texas (the "City") but has been determined by
the City no longer to be required;
WHEREAS, the abutting landowner, KB Homes, proposes to dedicate to the City Lot 35
set forth on the attached Exhibit A ("Lot 35") in exchange for the Strip Parcel; and
WHEREAS, Section 272.001(b)(l) and (3), Texas Local Government Code, as amended,
permits the City to convey the Strip Parcel to the abutting property owner in exchange for
Lot 35;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION I
The City Council hereby authorizes the conveyance of the Strip Parcel in exchange for
Lot 35 and authorizes the City Manager to execute and deliver a Quitclaim Deed, in substantially
the form attached as Exhibit B, to effectuate such action. Such Deed shall be delivered to KB
Homes upon confirmation of recordation of a plat dedicating Lot 35 to the City.
SECTION II
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
2007.
PASSED AND APPROVED on first reading this the lzth da of June, 2007.
PASSED, APPROVED, AND ADOPTED on second re ing this he j 'f'h day of June,
Q~
Mayor, City of Schertz, Texas
~EST:
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. y Sec tary, City of Schertz
(SEAL OF CITY)
20197147.1
EXHIBIT A
Map
20197147.1
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167.758 ACRES
~. 1634, PC. 179
OFFICIAL RECORDS
GUADALUPE CO., 1)(
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SURVEY 255
ABSTRACT NO.. 144
167.758 ACRES
\I\?L 16J4, PC. 179
OFFICIAL RECORDS
GUADALUPE CO., 1)(
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LINE BEARING DISTANCE
L1 N 59'56'59- E 9.81'
L2 S 59'54'20- W 9.63'
L3 . N 30'11'17- W . 46.33'
25 50 75 100 125 150
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SCALE: 1" 50 FEET
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STATE OF TEXAS:
COUNTY OF GUADALUPE:
I, REX L. HACKETT, DO HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON THE GROUND AND UNDER MY SUPERVISION.
PLAT SHOWING
0.028 ACRE TRACT
(1215.3 Sq. Ft.)
SITUATED IN THE JAMES GRAY SURVEY
NO. 255, ABSTRACT NO. 144
BEING OUT OF THAT CERTAIN 167.758 AG.
TRACT OF LAND RECORDED IN VOLUME
1634, PAGE 179 OF THE
OFFICIAL RECORDS OF GUADALUPE CO., TX.
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SURVEYED: DEC, 2006
PROJECT NO.: 1124.6103
DRAWN BY: R.L.H.
B.P.L.S. NO. 5573
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I~ ENGINEERING
INC,
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ENGINEERING PLANNING DEVELOPMENT
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217
TEL: (210) 590-4777 FAX: (210) 590-<1940
WNN. fordengineering.com
EXHIBIT B
,OUITCLAIM DEED
ST A TE OF TEXAS
9
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KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE
CITY OF SCHERTZ, TEXAS a Texas home-rule municipality (the "Quitclaim or"), for
good and valuable consideration from KB HOMES (the "Quitclaimee"), the receipt and
sufficiency of which are hereby acknowledged, has QUITCLAIMED, and by these presents does
QUITCLAIM unto the Quitclaimee, all of its right, title and interest in and to certain real
property, together with all improvements thereon and all rights and appurtenances thereto,
situated in Guadalupe County, Texas, as more particularly described on Exhibit A attached
hereto and made a part hereof for all purposes (collectively, the "Property").
The Quitclaimor makes no warranties or representations concerning the extent of its
right. title, or interest in or to the Property, and the QuitcIaimee understands and agrees, by
acceptance of this Quitclaim Deed, that the Quitclaimor shall be under no obligation to defend
title to the Property against any third party claims to the Property or any portion thereof.
TO HAVE AND TO HOLD all of the Quitclaimor's right, title and interest in and to the
Property unto the Quitclaimee, his or its heirs, successors, and assigns forever, so that neither the
Quitclaimor nor its successors or assigns shall at any time hereafter have, claim, or demand any
right or title to the Property or any part thereof.
[ Signature and acknowledgment on the following page]
201l)7147.1
B-1
EXECUTED this /).J)-+!1 day of June, 2007.
QUITCLAIMOR:
CITY OF SCHERTZ, TEXAS
Byr-I ~~
Don T~
City Manager
COUNTY OF GUADALUPE
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THE STATE OF TEXAS
Before me, a Notary Public, on this day personally appeared Don Taylor, City Manager
of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the
foregoing instrument and who acknowledged to me that the same was the act of the City of
Schertz, Texas, a Texas home-rule municipality, and that he has executed the same in his
capacity as City Manager on behalf of said municipality for the purposes and consideration
therein stated.
Given under my hand and seal of office this A ~day of June 2007.
" I II'. I
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#;"-P~@ic in and for the State of Texas
ey SEJtt6Y}" TOKAR
NOTARY PUBLIC
STATE OF TEXAS
My CommIIsIon ExpIm 12-11-2010
After recording:. return to: .
rtllerigkt 8r Jaw9rsl.i ~.L.P. ~-J..c., ()~ c; e-h..tY+L-
3ee-Cv.......~t,~:;ite2200 14-00 ~c.h<Lv+~ ~A~W~y
~aR A~tQRi9,.Te){M 78~5~-3i~2 5c..hu-f'Z.- I T~xQ..s i'&lS'f
Attcntton: M..h..1 L ~~"n Ju..:[q ToKaY, C-'*15<.cYd4'(-
20197147.1
B-2
Exhibit A
20197147.1
B-3
ENGINEERING.
INC.
Date: March 9,2007
Project No: 1124.6103
Dedication
Page 1 of2
~J.ELDNOTES FOR 0,028 ACRES
(1,215,3 Sq, Ft,)
Field notes describing 0.028 acres (1,215.3 sq. ft.), situated in the James Gray Survey No.
255, Abstract No. 144, Guadalupe County, Texas, out of that certain 0.33 acre tract ofland
(City of Schertz) recorded in Volume 831, Page 383 of the Official Records of Guadalupe
County, Texas~ being more particularly described as follows:
BEGINNING at a Y:z inch iron rod found for the Northwestern comer of the said 0.33 acre
tract, from which the Northeastern comer of Lot 1 and the Northwestern comer of Lot 34,
Block 29 of the Proposed "The Links at Scenic Hills Subdivision, Unit 1" out of that certain
167.758 acre tract ofland recorded in Volume 1634, Page 179 of the Official Records of
Guadalupe County, Texas~ approved by the Planning and Zoning Commission of the City of
Schertz Texas, bears N 59054'20" E - 9.63 feet and N 30011' 1 T' W - 46.33 feet~
THENCE: S 30006'33" E - 125.06 feet along the Southwestern line of the said 0.33 acre
tract and across Lots 1,2 and 3, Block 29 of the said "The Links at Scenic Hills
Subdivision, Unit 1" to a Y:z inch iron rod found for the Southwestern comer of the said
0.33 acre tract, for the Southwestern comer of this 0.028 acre tract of land~
THENCE: N 59056'59" E - 9.81 feet along the Southeastern line of the said 0.33 acre
tract, across said Lot 3, Block 29 to a point on the Northeastern line of said Lot 3, Block
29, the Western line of Lot 34, Block 29 of the said "The Links at Scenic Hills Subdivision,
Unit 1" for the Southeastern comer of this 0.028 acre tract of land, from which a Y:z inch
iron rod found for the Southeastern comer of the said 0.33 acre tract bears N 59056'59" E
- 105.12 feet~
THENCE: N 30011' 17" W - 125.07 feet across the said 0.33 acre tract and along the
proposed Northeastern line of said Lots said Lots 1,2 and 3, Block 29 to a point on the
Northwestern line of the said 0.33 acre tract, a point on the Northeastern line of said Lot 1,
Block 29, for the Northeastern comer of this 0.028 acre tract ofland, from which a Y:z inch
iron rod found for the Northeastern comer of the said 0.33 acre tract bears N 59054'20" E
- 105.27 feet~
10927 WY: DRIVE,
SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777
1-800-332-3109 Web Site: www.fordengineering.com
FAX: 590-4940
ENGINEERING.
INC.
Page 2 of2
THENCE: S 59054'20" W - 9.63 feet along the Northwestern line of the said 0.33 acre
tract, across said Lot I, Block 29 of the proposed "The Links at Scenic Hills Subdivision,
Unit I"to the POINT OF BEGINNING and containing 0.028 acres (1,215.3 sq. ft.) of
land.
Corresponding plat prepared.
Project No: 1124.6103
/1)r:AiJ -
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
10927 WY: DRIVE,
SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777
1-800-332-3109 Web Site: www.fordengineering.com
FAX: 590-4940
PUBLIC NQl1~E
ORDINANCE NO, 07...
AN. ORDINANCE BY THE
CITY CouNCIL OF THE CITY
OF SCHERTZ, TEXAS AU-
THORIZING THE EXCHANGE
WITH AN ABUTTING LAND
OWNER OF A STRIP OF
LAND FOR OTHER PROPER-
TY OF SUCH OWNER TO BE
DEDICATED TO THE CITY.
Appro,," 'On first reading
IhIs the 12th day of June 2007.
PASSED. . APPROVED,
AND ADOPTED on this the
19th day of June 2007:
IslHAL BALDWIN
Mayor
STATE OF TEXAS
Affidavit of Publisher /~tPD~
JD 1 .
1/6; 1! d-g,o( /J-"
>1"'r'
o
COUNTY OF BEXAR
City of Schertz
Attest Judy Tokar
City Secretary
Before me, the undersigned authority, on this day personally appeared Helen 1. LL 7/10
by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a newspaper of
general circulation in the City of San Antonio, in the State and County aforesaid, and that the
Ordinance No. 07-M-29 here to attached has been published in every issue of said newspaper on
the following days, to wit:
07/10/2007.
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Sworn to and subscribed before me this 10th day of of July, 2007.
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