17-R-42 Amendment to the existing development agreement Schaefer Road/FM 1518 - Milton & Billie Friesenhahn�: D Y�71liy Y [r7►i►[��i 6D :ayl
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WHEREAS, a Development Agreement between the City of Schertz (City) and Milton and
Billie Friesenhahn (Landowners) was entered and effective on April 19, 2011 regarding the real
property located in Bexar County, Texas; and,
WHEREAS, in December, 2012 Milton and Billie Friesenhahn executed a Special Warranty
Deed conveying a portion of the interest in the Land to Elizabeth Ann Basha, Jeanne Marie
Zwicke, and Katherine Menk; and,
WHEREAS, the Land is just south of the Schertz, Cibolo, Universal City Independent School
District (ISD) site that is under construction for Rose Garden Elementary School; and,
WHEREAS, the ISD desires an easement to locate a drive approach on FM 1518 that would be
located on the Land; and,
WHEREAS, City desires to align the drive approach for the ISD with Arbor Park Lane, the road
that is the primary entrance to the Willow Grove subdivision across FM 1518, to minimize
conflict points and protect the health safety and welfare of those traveling in the area; and
WHEREAS, Landowners, as consideration for accommodating the requested alignment of the
drive approach on FM 1518 has requested the City to allow future a curb cut on Corbett Drive,
assuming it meets all requirements as established in the Subdivision Regulations of the City at
the time of the curb cut, to be made at the expense of the Landowners; and,
WHEREAS, Landowners, as additional consideration for accommodating the requested
alignment of the drive approach on FM 1518 has requested the City defer annexation for an
additional five (5) years under the Agreement.
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City
enter into an amendment to the development agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the Amendment to the Development Agreement (FM 1518 /Schaefer Road/I -10 Area)
attached hereto as Exhibits A;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
The City Council hereby authorizes the City Manager to execute the Amendment
to the Development Agreement (FM 1518 /Schaefer Road/I -10 Area) in substantially the
form set forth on Exhibit A.
Section 1. The recitals contained in the preamble hereof are hereby found to be
true, and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the City Council.
Section 2. All resolutions or parts thereof, which are in conflict or inconsistent
with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters
resolved herein.
Section 3. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 4. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
the application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Resolution would have been enacted
without such invalid provision.
Section 5. 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 Chapter 551, Texas Government
Code, as amended.
Section 6. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 27th day of June, 2017.
• 11 ?§ .
R. Carpenter
ATTEST:
rty Secretary, Brenda Dennis
(CITY SEAL)
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