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ORDINANCE NO. 275 .L.L,.yt;:: .L-~-.L-.L .LU-~U-'L. " AN ORDINANCE J. 7S- AUTHORIZING PAYMENT OF $725.00 AND $18,000.00 TO THE URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ FOR THE PURCHASE OF DISPOSITION PARCELS 17~5 AND 43-2 LOCATED IN BUFFALO VALLEY NORTH PROJECT TEX. R-112. AND. AUTHORIZING THE CONVEYANCE OF SAID DISPOSITION PARCELS TO THE CITY OF SCHERT.Z FOR PUBLIC RECREATIONAL USE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: SECTION 1. The Deed from the Urban Renewal Agency of the City of Schertz, Texas conveying Disposition Parcels 17-5 and 43-2 located within the Buffalo Valley North Project Tex. R-112 and more particularly described within said Deed for a con- sideration of $725.00 and $18,000.00, respectively, to the City of Schertz for public recreational use is hereby accepted. SECTION 2. Payment of the above sums to the Urban Renewal Agency of the City of Schertz as consideration for the purchase of said property is hereby authorized, payable to Donegan Abstract & Title Company as Escrow Agent for the above-named Agency. SECTION 3. A copy of the Warranty Deed is attached hereto and incorporated herein by reference. PASSED AND APPROVED this ....:3.- day of L!pt/EmtfER, 1972. ~/d~ MAYOR TlST: ~ i -p-i ~ City Clerk P~oject Tex. R-112 Parcels Nos. 17-5, 43-2 IVARRANTY DEED THE STATE OF TEXAS X COUNTY OF GUADALUPE X KNOW ALL ~lliN BY THESE PRESENTS: That the URBF~~ RENEWAL AGENCY OF THE CITY OF SCHERTZ, Guadalupe County, Texas, Grantor, for and in consideration of the sum of Seven Hundred Twenty-five and no/lOa Dollars ($725.00) and Eighteen Thousand and no/lOa Dollars ($18,000.00) to it in hand paid by the Grantee herein named for Disposition Parcels Nos. 17-5 and 43-2, respectively, said parcels being more fully described herein, the receipt of which is hereby acknowledged, has GRlll~TED, SOLD AND CONVEYED and by these presents does GRlll~T, SELL 1L~D CONVEY unto the City of Schertz, located within'the City of Schertz, Guadalupe County, Texas, to-wit: Parcel 17-5: A 0.33 acre tract of land out of Aviation Heights Subdivision, as recorded in Volume 2, Pages 14-15, Deed and Plat Records, Guadalupe County, Texas. BEGINNING at an iron pin set at the intersection of the east right-of-way line of F.M. 1518, with the extension of the north right-of-way line of Aero Avenue for the POINT OF BEGINNING of this tract; THENCE: N. 380 48' IV, along the east right-Of-way line of F.M. 1518, a distance of 138.53 feet to an iron pin set at the extension of the south line of an existing 12 foot alley, for the southwest corner of this tract; THENCE N. 590 44' E, along the south line of said extension of an existing 12 foot alley, a distance of 114.70 feet to an iron pin set for the northwest corner of this tract; THENCE S. 300 16' E, 137.0 feet to an iron pin set at the said extension of the north right-of-,'ray line of Aero Avenue, for the northeast corner of this tract; THENCE S. 59Q 44' W7 along said extension of the norL~ right-oi-way line of Aero Avenue, a distance of 94.14 feet to the point of beginning and containing 0.33 acres of land. A plat of said tract marked EXHIBIT, flAil is attached hereto and made a part hereof for all purposes~ Parcel 43-2: A 16.825 acre tract of land out of Aviation Heights Subdivision! as recorded in Volume 2, Pages 14-5, Deed and Plat Records, Guadalupe County, Texas. BEGINNING at an iron pin set at the intersection of the east right-of-',vay line of F .M. 1516 ~"i.th tne south right-Of-way line of Aero Avenue for the POINT OF BEGI~TNING o:ct-his tract; THENCE N. 590 441 E, along the south right-of-way line of Ae~o Avenue; a distance of 810.14 feet to an iron pin set at the west right-af-way line of Oak Street for a corner of this tract; THENCE S. 300 16' E, along tpe west line of Oak Street, a distance of lL20. 5' feet to an iron pin set at the north line of F.M. 1516, for a corner of this tract; " THENCE S. 760 32' IV, along the north line of F.M. 1516, a distance of 236.1 feet to an iron pin set at the point of curvature of a curve to the right for a corner of this tract; THENCE along said curve to the right, having a radius of 533.69 feet, a distance of 502.06 feet to an iron pin set at the point of tangency of said curve for a corner of this tract; THENCE N. 490 34' W, along the east right-of-way line of F.M. 1516, a distance of 488.86 feet to an iron pin set at the point of curvature of a curve to the right for a corner of this tract; THENCE along said curve to the right, having a radius of 1106.28 feet, a distance of 211.43 feet to an iron pin set at the point ,of tangency for a corner of this tract; THENCE N. 380 47' W, along the east right-of-way line of P.M. 1516, a distance of 153.05 feet to the point of beginning and containing 16.825 acres of land. A plat of said tract marked EXHIBIT "B" is attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above-described premises, together with all and singular the rights and appurtenances thereto in anTNise belonging, unto the said Grantee, its successors and assigns forever. This Deed is made and executed upon and is subject to certain express conditions and covenants, said conditions and covenants being a part of the consideration for the property hereby conveyed and are to be taken and construed as running with the land and upon the continued observance of which and each of which, with the sole exception of covenants nuw~ered FIRST and FIFTH, the continued existence of the estate hereby granted shall depend, and the Grantee hereby binds itself and its successors, assigns, grantees, and lessees forever to these covenants and conditions, 'ii'lhich covenants and conditions are as follo~v-s: FIRST: The Grantee shall devote the property hereby conveyed to public recreational use only as provided in the approved Urban Renewal Plan, and agrees to construct the following improvements upon the said parcels during the fiscal years (October 1, to September 30) and for the estimated costs indicated: (1) Fiscal Year 1974 - Restoration of the existing building within the park area into a Parks Administration Office and Teen Center at an estimated cost of $3,000.00. (2) Fiscal Year 1975 - Development of picnic area, installation of sprinkler systems and la~dscaping at an estimated cost of $7,500.00. (3) Fiscal Year 1976 - Park ligh~ing, beautification progr2.ffi (additional landscaping r 'ii'7alking paths, ~onumental decorating) and installation of minor sports activities (shuffle board and basketball facilities) a-t an estimate:::1 cost of $9fOOO.OO~ 2 (4) Fiscal Year 1977; 1978 Development contingent upon bond issue passage to include swimming pool, park pavilion, central concession stands, parking areas at an estimated cost of $300,000.00 to $400,000.00. SECOND: The Grantee shall pay real estate taxes or assess- ments on the property hereby conveyed or any part thereof when due and shall not place thereon any encuro~rance or lien other than for temporary and permanent financing of construction of the Improvements on the property hereby conveyed as provided for in the Second Amended Cooperation Agreement dated the day of , 1972, between the parties hereto and as-- provided herein, and for additional funds, if any, in an amount not to exceed the consideration herein specified, and shall not suffer any levy or attachment to be made or any other encumbrance or lien to attach until the Grantor certifies that all building construction and other physical improvements specified to be done and made by the Grantee have been completed; THIRD: The Grantee shall commence promptly the construction of the aforesaid Improvements on the property hereby conveyed in accordance with the said Second Amended Cooperation Agreement and as set forth herein and shall prosecute diligently the con- struction of said Improvements to completion. FOURTH: Until the Grantor certifies that all the aforesaid Improvements specified to be done and made by the Grantee have been completed, the Grantee shall have no power to convey the property hereby conveyed or any part thereof without the prior ,qritten consent of the Grantor except to a Mortgagee or Trustee under a Mortgage or Deed of Trust permitted by this Deed, and, except as security for obtainir.g financing permitted by this Deed, there shall be no transfer, and the Grantee shall not permit any transfer. FIFTH: The Grantee agrees for itself and any successor in interest not to discriminate upon the basis of race, color, or national origin in the sale, lease, or rental or in the use or occupancy of the property hereby conveyed or any part thereof or of any Improvements erected or to be erected thereon or any part thereof.. The covenants and agreements contained in the covenant nlli~~ered FIRST shall run for a 20-year period from April 27, 1971 to April 26, 1991f or throughout the life of the Urban Renewal Plan and any extensions or time as covered in the Plan, whichever period is longer. The covenants and agreements contained in covenants nwubered SECOND, THIRD, and FOURTH shall terminate on the date -the Grantor issues the Certificate of Completion as herein provided except only that the termination of the covenant ntLT'['I..bered SECOND shall in no way be construed to release the Grantee from its obligation to pay real estate taxes or assessments on the property hereby conveyed or any part thereof. The covenant nlli~bered FIFTH shall remain in effect without any limitation as to time~ In case or the breach or violation of anyone or t.he covenants ~umbered SECOND, THIRD and FOURTH at any time Drior to the time the Grantor certifies that all building-constr~ction and other physical imyrov2illents have been completed, and in case such breach ~r such violatio~ shall not be curedF ended or remedied within 60 days after written demand by the Grantor so -to do with respect to covenant nu~erec1 FOURTH and three (3) months after ',^lri"tten dema~d by the Grantor so to do with respect to covenants numbered 3ECOND and THIRD {Provided, Tha"t a breach or violation 1,.;ith ~espect to the portion of covenant numbered THIRD, dealing ~"i th completion 3 or the Improvements may be cured,.'ended or remedied within six (6) months after written demand by the Grantor so to do) or any further extension thereof that may be granted by the Grantor in its sole discretion, then all estate, conveyed under this Deed, shall cease and determine, and title in fee simple to the same shall revert to and become revested in the Grantor, or its successors or assigns, and such title shall be revested fully and completely in it, and the said Gran'tor, its successors or assigns, shall be entitled to and may of right enter upon and take possession of the said property: Provided, That any such revesting of title to the Grantor: " (1) Shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way (i) the lien of any mortgage or Deed of Trust permitted by this Deed; and (ii) any rights or interests provided in the Second &~ended Cooperation Agreement and as provided herein for the protection of ? the trustees of any such Deed of Trust or the holders of any such mortgage; and (2) In the event that title to the said property or part thereof shall revest in the Grantor in accordance with the provisions of this Deed, the Grantor shall pursuant to its responsibilities under applicable law use its best efforts to resell the property or part thereof (subject to such mortgage liens as hereinbefore set forth and provided) as soon and in such manner as the Grantor shall find feasible and consistent with the objectives of such law, and of the Urban Renewal Plan, to a qualified and responsible party or parties (as determined by the Grantor) who will assume the obligation of making or completing the Improvements or such other improve- ments in their stead as shall be satisfactory to the Grantor and in accordance with the uses specified for the above- described property or any part thereof in the Urban Renewal Plan. Upon such resale of the property the proceeds thereof shall be applied: First: to rei~burse the Grantor, on its 01vn behalf all costs and expenses incurred by the Grantor including, but not limited to, salaries of personnel in connection with the recapture! management and resale of the property or part thereof (but less any income derived by the Grantor from the property or part thereof in connection with such managementi all taxes, assess- ments, and water and seT,,;er charges with respect to the property or part thereof; any payments made or- necessary to be made to discharge any encumbrances or liens existing on the property or part thereof at the time of revesting of title thereto in the Grantor or to discharge or prevent f~om attaching or being made any subs~quent encumbrances or liens due to obligationsr defaults, or acts of the Grantee, its successors; or transferees; any expenditures made or obligations incurred with r~spect to the making or completiorr of the Improvements or any part thereof on the Droperty or Dart thereof; and any amounts o therl.vi~e o~'ring the,L.; Grantor by the Grant.ee and its successors or transferees; and Second: to reirnburse the Grant.ee 1 i-ts successors or transferees UP to an amount equal to the sum of "the purchase price paid by i t .Eo~ the property (or " allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on. the property or part' 'ther~of, less any gains or income wiL~drawn or made by it from this conveyance or from the property. " Any balance remaining after such reimbursements shall be retained by the Grantor. The Grantor shall be deemed a beneficiary of covenants numbered FIRST through FIFTH, and the United States shall be deemed ~ beneficiary or the covenant numbered FIFTH, and such covenants shall run in favor of the Grantor and the United States for the entire period during ,'lhich such covenants shall be in force and effect, without regard to whether the Grantor and the United States is or remains an owner of any land or interest therein to ,vhich such covenants relate. As such a beneficiary, the Grantor, in the event of any breach of any such covenant, and the United States in the event of any breach of the covenant nuw~ered FIFTH, shall have the right to exercise all the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach, to which bene- ficiaries of such covenant may be entitled. Promptly after the completion of the above-mentioned Improve- ments in accordance with the provisions of the Second Amended Cooperation Agreement and this Deed, the Grantor will furnish the Grantee with an appropriate instrument so certifying in accordance with the terms of the Second Amended Cooperation Agreement and this Deed. Such certification shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Second Amended Cooperation Agreement and in this Deed obligating the Grantee and its successors and assigns, with respect to the construction of the Improvements and the dates for beginning and completion thereof: Provided, That if there is upon the property a mortgage insured, or held or owned, by the Federal Housing A~~inistration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the Second A.~ended Cooperation Agreement and as provided herein, and are ready for occupancy, then, in such event, the Grantor and the Grantee shall accept the determination of the~Federal Housing A~~inistration as to such completion of the construction of the Improvements in accordance with the Second p~~ended Cooperation Agreement and as provided herein, and, if the other agreements and covenants in the Asreement obligating the Grantee in respect of the construction and completion of the Improvements have been fully satisfied the Grantor shall forthwith issue its certification and such determination shall not constitute evidence of compliance witn or satisfaction of any obligation of the Grantee to any holder of a mortgage" or any insurer of a mortgage 1 securing money loaned to finance 'the Improvements r or any part thereof~ Grantor does hereby bind itself, 2LS successors and assigns to ,iA~~~~T p~TD FOREVER DEFEND, all and singular the said premises unto the said Grantee, its heirs; successors and assigns against every person lawfully claiming or to claim the same ar any part the:!:'"eof~ IN TESTIMOrIY ~'r::8EREOF, the name of Grantor hereunto the Chair~an of its Bo~rd of Couaissioners and its seal by its Secre;:ary -this day of , 1972. affixed by . r-.c. .., 18 a:Ci.lXea URBAN RENEWAL AGENCY OF THE CITY OF SCHERTZ ATTEST: By Chairman Secreta..:r-y , THE STATE OF TEXAS : COUNTY OF GUADALt.l1?E : BEFORE NE, the undersigned aut...l1ori ty, on this day personally appeared and , Chairman and SecretarJ7 respectively, of ~~e Urban Renewal Agency of t."1e City of Schertz, Guadalupe County, Texas, knc~.,n to me to be t~e persons ~~d officers whose names are subscribed to the foregoing instrument ~~d acknowledged to me that they executed t.1.e same for t...l-1e purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of tl-1e Urban Henewal Agency of the City of Schertz, Guadalupe County, Texas. 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