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1995R12- ACQUISTION OF CERTAIN REAL ESTATE Resolution Number tJ 5" -;e -/ ,;L RESOLUTION OF THE CITY OF SCHERTZ, TEXAS AUTHORlZING ACQUISITION OF CERTAIN REAL ESTATE AND OTHER MA'I-J.'J!llfS IN CONNECTION THEREWITH WHEREAS, in connection with the widening of the F.M. 78 right-of.way, the City of Schertz, Texas (the "City") must acquire certain property to be used for the expanded right-of-way and to provide new public parking spacss to replace existing parking that will be lost when F.M. 78 is widenedj and WHEREAS, the City Council of the City proposes to acquire the property currently owned by Mr. Donald C. Holman (the "Landowner'? and located at 204 F.M. 78, Schertz, Texas (the "Property"), more particularly described in the metes and bounds description thereof attached to this Resolution as Exhibit A; and WHEREAS, the acquisition of the Property by the City is deemed to be in the best interests of the citizens of the City because public welfare and convenience will be served by the acquisition of the Property and by the improvements to be constructed thereonj NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AS FOLLOWS: SECTION 1. The City Council of the City hereby authorizes the City Manager to enter into negotiations for the purchase of the Property with the Landowner and all other persons having an interest in the Property and to take such further steps and execute Buch documents as are necessary for the City to acquire the Property and further ratifies the actions taken by the City Manager prior to the date of this Resolution in connection with the subject matter hereof. SECTION 2. The City Manager and other appropriate officers of the City are hereby authorized to execute and deliver Such additional certificates and instruments to further the purposes of this Resolution and the acquisition of the Property by the City as may be approved by the City Attorney. SECTION 8. This Resolution shall be effective immediately upon its adoption. '''''BED. ADOPTED, AND ~ '1 lid ... of A...... 1996. By:~~$~ '-May or ATTEST: ~.~~ City Secretary 0171?8fI IDENTIFICATION OF THE SUBJECT PROPERTY The property located at 204 F. M. 78 Schertz, Guadalupe County, Texas is legally described as: .'280 acre tract out of the G. Malpaz Survey No. 67, situated in Schertz, Guadalupe County, Texas, and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at an iron set on the South Right-of-Way line of F.M. Hwy. 78, said point being S. 61 degs. 59' W, 227.59 ft. from the West Right-of-Way line of 1st Street for the Northeast corner of this tract. THENCE S 28 degs. 01' E, along a line parallel to the E. line of Lot 9, a distance of 111.11 ft. to an iron pin set on the North Right-of-Way line of Wuest St. for the Southeast corner of this tract. THENCE S 61 degs. 59' W, along the North Right-of-Way line of Wuest St. 125.67 ft. to an iron pin set for the Southwest corner of this tract. THENCE N 11 degs. 30' W, a distance of 92.86 ft. to an iron pin set for a corner of this tract. THENCE N 45 degs 00' W, 12.3 ft. to an iron pin set for a corner of this tract. THENCE N 25 degs. 47' E, a distance of 17.45 ft. to an iron pin set on the South Right-of-Way of F.M. Hwy. 78, for the Northwest corner of this tract. THENCE N 61 degs. 59' E, along the South Right-of-Way line of F.M. Hwy. 78, a distance of 88.78 ft. to the point of beginning and containing 0.280 acres of land.