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2001R03- 0.085 ACRES AT 100 FM 78 FROM J.B. DAVIS TO CITY OF SCHERTZ I RESOLUTION NO. Cl/- fiZ - .3 A RESOLUTION IN SUPPORT OF ACCEPTANCE OF 0.086 ACRES AT 100 FM FM 78 FROM J.B. DAVIS TO CITY OF SCHERTZ. WHEREAS, J.B. Davis has agreed to convey to the City of Schertz 0.085 acres at 100 FM 78, Schertz, Texas; and WHEREAS, this would be beneficial to the City of Schertz regarding Project #49, DR1257; and WHEREAS, protection of the public health, safety, and welfare shall be served by approval of this Resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City of Schertz City Council accepts conveyance from J.B. Davis of 0.085 acres at 100 FM 78. I f Schertz, Texas ATTEST: ~ ~~<2~~ City Secretary, City of Schertz (SEAL OF CITY) RECEIVED JAN 1 6 2001 I RICIIII.RATER TICUR CI. REIlTIRS, ERA 1001 PAT BOOKER RD. SUITE 100 UNIVERSAL CITY, TX 78148 Phone 210-658-6211 Fax 210-658-0928 E-Mail: ridtard.prater@era.com January 16,2001 Mr. Steve Simonson, City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: Parcel #100 FM 78, Project #49, DR1257 - City of Schertz Dear Mr. Simonson; Please find enclosed a copy of the "Special Warranty Deed" that we are having Gen. 1. B. Davis execute, conveying the last building (apartment) to the City 'of Schertz. I should have the deed returned to me next week. I have also enclosed a copy of the new survey that we had completed to set forth the meets and bounds necessary to convey the property. Please have the City pass a resolution, or whatever you require, for the acceptance of the property. I thank you for your assistance in this matter, and look forward to the property returning to a productive asset. If you have any questions, please give me a call. Best regards; ~~"'~- Richard Prater I SPECIAL WARRANTY DEED Date: January 10, 2001 Grantor: J. B. DAVIS Grantor's Mailing Address: J. B. Davis 3600 Windber Blvd. Palm Harbor, Florida 34685 Grantee: CITY OF SCHERTZ Grantee's Mailing Address: 1400 Schertz Parkway Schertz, Texas 78154 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. Property (including any improvements): All of my interest in and to the following described property, to-wit: See Exhibit' A' attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: 1) Restrictions running with the land as may be recorded in the Real Property Records of Guadalupe County, Texas; 2) Easements effective against the above described property; and 3) Subject to all other matters of record to the extent they are still in effect in the Real Property Records of Guadalupe County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, by, through or under me, but not otherwise. When the context requires, singular nouns and pronouns include the plural. J. B. DAVIS THE STATE OF TEXAS * COUNTY OF BEXAR * This instrument was acknowledged before me on the A.D., 2001, by J. B. DAVIS. day of NOTARY PUBLIC, THE STATE OF TEXAS The pnoparer of thia document hu made no invCltigation of the following maIlen: The accuncy of the legal dcacription I1ICd herein. Whdhcr or not the Grantor ia the correct owner of the property. Whdhcr or not the party .igning on behalf of the Grantor ia outhorizcd to .ign on behalf of the Grantor. Any title maIlen whaloocver. PREPARED IN THE LAW OFFICE OF: ADAMS &: FLAKE, INC. I LEGAL DESCRIPTION 0.085 ACRES OF LAND 0.085 acres of land located in the G. Malpaz Survey, Abstract No. 221, Guadalupe County, Texas and being a portion of that certain 0.458 acres, as described in Volume 992, Page 312, Official Records of Guadalupe County, Texas; said 0.085 acres being more particularly described as follows: BEGINNING at a found ~ inch iron rod marking the most easterly northeast comer of the 0.458 acres and further being located in the southwesterly line of a 20.00 feet wide easement; said rod further being located: S 28deg 51' 06" E, 122.13 feet from the southeasterly line ofFM 78; THENCE, South 28deg 51' 00" East, along the northeasterly line of the 0.458 acres, a distance of 42.87 feet, to a found ~ inch iron rod marking the most easterly comer of the 0.458 acres; THENCE, South 61deg 09' 00" West, along the southeasterly line of the 0.458 acres, a distance of 87.00 feet, to a found ~ inch iron rod; THENCE, North 28deg 51' 23" West, across the 0.458 acres, a distance of 41.90 feet, to a found ~ inch iron rod located in the most easterly northwest line of the 0.458 acres; THENCE, North 60deg 27' 00" East, along the most easterly northwest line of the 0.458 acres, a distance of 87.01 feet, to the POINT OF BEGINNING and containing 0.085 acres ofland, more or less. ~~ - 12-29-00 i {,j, ; .':-',,~"".'..~. ~ \~S.. '\';;\:'~""',:~ ...~.'~.~~:::i: '~\:"':"""'.~'230 !~ It" ""':' \ ~,,~.<~/' (-(i. " "'''r.' . . 0"'.... .-.)...r \ (.,....'ons"\ .....{'." _.c';J} '\1. /1. Ii. :.........~.:~,1. -~. A'" \:",,;,: [) C; U\~,. "-~~. 20993A .J NOT .IN. 100 YEAR FLOODPLAIN ACCORDING TO COMMUNITY MAP NO. 480269 00150 SUBJECT TO RESTRICTIVE COVENANTS AND / OR EASEMENTS RECORDED IN: VOL. 992 . PAGE, 312 OFFICIAL RECORDS VOL. , PAGE, P.D.B. ------ ASPHALT ROAD 828051' 06" E INCRESS .t ECRESS ESM'T. (992/312) . .... C ~ to kl OJ t'-. r--"'-------- I I I I I I I I I I : C C k t\l o c Co ~ I I I --~ S29052 , 00. E 62.91" (F.M.) - ~ r..: ~ l'o.1- . ~ o . ~~ l'. C'l' o IQ 0<0 <0 . ~~ ~ ~ b q) ~ l'. l'o.1 I o o '0) ... o 0) ~ 0.3736 ACRES !~i1ln;;!i5~ ~~~ .",iil ~ai3i~i~ ~~"'I!!~~l!IlO! ~l!!iiJC\lIlaJli:! ii1ffiU2>-o(j!!~ ~a~~!i~A G:8i~~"'I~ ~~~~=i : o(~~lI!iaS~ ~lI!~~~e~~ I!!~~ 2~~~ i1Iil~~w~ lii'u_~1/I ~$lIIa ~ ~~ !W15l!li 1~~i~(:1 ~2~"l:11< ~lI!~e~ila~ N29"52' 00" W 18.00' (F.M.J - ~ ~ ~ cO o ... ~ G. l'o.1 . o o Co ... o 0) ~ 9'/..6.... .11 . 00 oA1 V 0 ll66 ~ 0 C \ SCALE: 1"=40' DATE OF SURVEY: 11/30/00 lot(s) 0.085 ACRES Block G. MALPAZ SURVEY REV. 7-17-95 zONE'L I GUADALUPE RECORDS COUNTY, TEXAS S28051, 06" E 42.97' (F.M.} ------ ~~ 11-~ C 20' ESJI'T. ---- 0.085 ACRES c c . 0) c o .... Co ~ N28051' 23"W 41.90' (F.M.} 'v~ ~ - ~ r..: ~ o '" ~ <0 ... s'Z ~ ~ ~ \) ~ r S ~ \>-- 1, 1-1-<1 \.~/ ull'fC CO ur~ 4l>~V 111<{ GU co\J ~~v1l- LOT STAKE N.C.B. COMPUTED BY: OLE CHECKED BY: JWR Addition or Subdivision Volume.... . Page 100 F.M, 78 RICHARD PRATER of the records of Address : CF No. Reference nome: GUAD. DRAWN BY: MTS County, Texas. (;:~~.:~!~~2(;~: . /(,.".. ,~. ~1;.-. <() ^~ Ii -Q.. ',' .-t.,l........................>:.. ;;.' J:\MES W. RUS~,UL To: The lienholder and/or Landowner and to the above plot is true and correct according to on octuol survey mode on the ground, under my supervision. I further certify that 011 easements and right-of-ways of which I hove been advised are shown hereon and that, except os shown hereon. there ore no apparent encroachments, overlapping of improvements or conflicts in the boundary lines, and no obvious physical evidence of easements or right-of-woys by use as of the dote of the field survey. This certification is mode and limited to those persons or entities shown on the face of this survey and is non-transferable. ERA TUCKER CO. REAL TORS REAVES ENGINEERING, INC. P.O. BOX 791793 SAN ANTONIO, TEXAS'78279-1793 210/490-4506 . fAX: 210 490-4812 COPYRIGHT @ 2000 GE REAVES ENe. 1Nt. All RIGHTS RESERVED =~ GE tHIS SURVEY IS CERmED fOR TItS lRAHSACTIDN DNl Y Dote Revision B JOB NO. 20993A