2004R03- SALE AND PURCHASE AGREEMENT
RESOLUTION NO. ~ LI- ;( - /)3
RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF
A SALE AND PURCHASE AGREEMENT, AND A SPECIAL
WARRANTY DEED, WITH EBER BUSCH, ADMINISTRATOR OF
THE ESTATE OF BETTY BOGGESS, DECEASED, AND THE CITY
OF SCHERTZ, TEXAS; RESOLVING OTHER MAlTERS INCIDENT
AND RELATED THERETO; AND SElTING AN EFFECTIVE DATE.
WHEREAS, the City of Schertz, Texas (the "City") has determined to enter into
certain agreements with Eber Busch, Administrator of the Estate of Betty Boggess,
Deceased (the "Seller") pursuant to which the Seller agrees to sell to City, and City agrees
to purchase frorn Seller, a 10.38 acre tract, together will all improvements thereon and
appurtenances thereto (the "Property"), the Property being more particularly described
on Exhibit" A" attached hereto and made a part of hereof for all purposes.
WHEREAS, The City Council has been presented the forms of a Sale and Purchase
Agreement, and a Special Warranty Deed in the forms attached hereto as Exhibits A, B, C
and D, respectively; and
WHEREAS, it is in the best interests of the City to proceed with the execution and
delivery of the above described documents to effectuate the Transaction.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION 1. The terms of the Sale and Purchase Agreement, and the Special
Warranty Deed, in substantially forms and to the effect presented to the City Council, are
hereby approved, and the City Manager is authorized and directed to execute and deliver
the Sale and Purchase Agreement, and the Special Warranty Deed to Seller, together with
any and all certificates and other instruments described therein upon the conditions
therein described or necessary or desirable in connection with consummation of the
Transaction, and the City Manager is authorized to negotiate and approve such changes
in the terms of each instrument (prior to the execution and delivery thereof) as he shall
deem necessary or appropriate upon the advice of the City Attorney, and approval of the
terms of each such instrument by the City Manager shall be conclusively evidenced by
his execution and delivery of such documents.
SECTION 2. All actions not inconsistent with the provisions of this Resolution
heretofore taken by the City Council in connection with the Transaction are ratified,
approved, and confirmed. The City Manager and the other officials of the City, or any of
them, are authorized to take any and all action necessary to carry out the Transaction
described in or conternplated in the instruments approved hereby or otherwise to give
effect to the Transaction authorized hereby and the intent hereof.
SECTION 3. It is officially found, determined, and declared that the meeting at
which this Resolution 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 Resolution, was given, all as required by Texas Government Code, Chapter
551, as amended.
SECTION 4. This Resolution shall take effect and be in full force immediately upon
its adoption.
PASSED, APPROVED, AND ADOPTED, this t... 4 day of ~AL
(~tZa
,2004.
(
Mayor, City of Schertz, Texas
ATTEST:
M c~~a~hertz, Texas
(City Seal)
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DRAINA ~~322,85'
10 GE R.O,W, N -IRRIGATION /
_ .38 ACRES (452,128 SO, FTJ _wll~_ UNE EASEMENT
: srlVl;:R EA~NDQL::m 1"lr42O- gug~_ 0,07 ACRE (2,865 8O.FT'>/
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110' RIGHT-Or_WAY EASEMENT~TT~~- -
(TRANSMISSION) VOL 1155, PG 753 z Vl
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10.02' 526'474?"f
322.85>-
not to scale
ill=:::
BETTY JOE BOGGESS
VOl. 1080, PAGE 400
44.6284 ACRES
NOTES:
1. BEARING REfERENCE IS NORTH AMERICAN DATUM 1983
STATE PLANE COORDINATES TEXAS - SOUTH CENTRAL ZONE,
2. SET PINS ARE 1/2" REBAR WITH YELLOW PLASTIC CAP
STAMPED "fORD ENG., INC." AT ALL PARCEL CORNERS, ALONG
PROPOSED RIGHT-Of-WAY UNES, UNLESS OTHERWISE NOTED.
30' ROAO EASEMENT
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5 85'27'21" E
29.33'
VOl. 1912,
PAGE 696
1.00 ACRES
----,l.......
- - -----/-
62.71'
N 30'03'14" W
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PROPERTY UNE
1416.48'
----I
GEORGE OWEN BOGGESS VOl.
1141, PAGE 381 ~N30'27'35"W
40.3183 ACRES ~ 0.00'
BOGGESS PARCEL
PLAT SHOWING A 10.38 ACRE(452,128 SQ.
FT.) DRAINAGE RIGHT-OF-WAY AND A
0.07 ACRE (2,865 SQ. FT.), IRRIGATION
LINE EASEMENT, SITUATED IN THE T.
HERRERA SURVEY NO. 68, ABSTRACT NO.
153, OUT OF A 44.6264 ACRE TRACT
RECORDED IN VOLUME 1080, PAGE 400,
OFFICIAL PUBLIC RECORDS, GUADALUPE
COUNTY, TEXAS.
:B
not to scale
FORD ENGINEERING INC.
ENGINEERING " PLANNING " DEVELOPMENT
10927 WYE ORI\IE. SUITE 104, SAN ANTONIO, TEXAS 78217. (210) 590-4777
~~
SCALE: In=200'
CURVE TABLE
LENGTH RADIUS ANGEN DELTA DIRECTION CHORD
417.72' 408,00' 229.24' 58'39'38' 556'07'31'E 399.71'
@
.
LEG END
= fOUND IRON PIN
= R.O.W. CORNER /
EASEMENT CORNER
STATE OF TEXAS:
COUNTY Of GUADALUPE :
I, EDWIN R. FORD, DO HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON THE GROUND ER MY S ERVlSION,
EDJfIN R, FORD
SURVEYED: AUG.29,2002
PRO~CT NO.: 11217107...ES
R.P.L.S, NO, ZIJ(J(j
DRAWN BY: C.M.H.