17-K-37 Release and terminating drainage easement on Lots 1-5 Block 3 & Lots 1-7 Block 2 Mesa Oaks SubdivisionAN ORDINANCE OF 1' OF OF
SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE
EASEMENT O BLOCK I ! LOTS 1-7, BLOCK OF
MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE
DATE HEREOF
WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Burkett
Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said Easement was
established by plat and was recorded in the Public Records of Guadalupe County on October 14,
2005, as Volume 7, Page 79 (hereinafter the "Easement "); and
WHEREAS, The Engineering Department has reviewed the Easement and has determined that
the Easement is no longer necessary due to the acquisition of a new drainage easement and
construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the
north; and
WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are
designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and
WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released;
and
WHEREAS, the City has determined that the Easement is no longer necessary as it relates to
the Property; and
WHEREAS, the City desires to terminate and grant a release of the Easement; and
WHEREAS, A copy of the Release and Termination of Public Drainage Easement
Instrument, which includes a more particular description of the Easement is shown in Exhibit
"A" attached hereto and incorporated herein for all purposes and has authorized such
termination and release.
NOW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF
CITY OF '
Section 1. That the recitals contain in the preamble hereto are hereby found to be true
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 2. That the City Council finds that such release and termination of the drainage
easement as requested will cause no harm or injury to the City of Schertz or its citizens, said
Easement is not needed for public purpose and it is in the public interest to release and terminate
said Easement.
Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and
terminated insofar as the right, title or easement of the public is concerned and shall only extend
to the public right, title and easement that the City may legally and lawfully abandon.
Section 4. That the City Manager is hereby authorized to execute a release and
termination of the drainage easement in substantially the same form as set out in Exhibit "A ", and
such other instruments and documents that are reasonably necessary to effectuate the purpose of
this Ordinance.
Section 5. That should any section, clause, or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so
declared to be invalid.
Section 6. That it is officially found, deterniined and declared that the meeting at which
this Ordinance 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 ordinance, was given,
all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
Section 8. This Ordinance shall be cumulative of all other ordinances of the City
of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of
the City of Schertz except insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this Ordinance, in which event such conflicting provisions,
if any, are hereby repealed.
Approved on first reading the 26th day of September, 2017
PASSED, APPROVED and ADOPTED on final reading the 10th day of October, 2017.
CITY OF SCHERTZ
e rpenter, Mayor
9 da ST:
Dennis, City Secretary
(CITY SEAL)
Exhibit A
"Release and Termination of Public Drainage Easement"
RELEASE AND TERMINATION OF PUBLIC DRAINAGE EASEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from
Burkett Live Oak, Limited, as a drainage easement, across the Grantor's Property, and said
Easement was established by Plat and was recorded in the Public Records of Guadalupe County
on October 14, 2005, as Volume 7, Page 79 (hereinafter the "Easement "); and
WHEREAS, The Engineering Department has reviewed the Easement and has determined that
the Easement is no longer necessary due to the acquisition of a new drainage easement and
construction of drainage improvements with the Wynter Hill Subdivision, directly adjacent to the
north; and
WHEREAS, The Wynter Hill Subdivision drainage easement and constructed improvements are
designed to properly handle stormwater runoff from Mesa Oaks and the adjacent areas; and
WHEREAS, There would be no adverse impact to drainage in this area if the Easement is released;
and
WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the
Property; and
WHEREAS, the City desires to terminate and grant a release of the Easement; and
WHEREAS, A more particular description of the Easement is shown in Exhibit "A" attached
hereto and incorporated herein for all purposes and has authorized such termination and release.
NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and
future owners of the Property, or any portion thereof, the City has RELEASED AND
TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement
attached hereto as Exhibit "A ". It is expressly agreed and understood that this is a release of only
said Easement and that this release does not release, affect or impair any other remaining easements
as they may relate to the Property or any real property which is not included within the Property.
By execution hereof, the City confirms and acknowledges the Easement as platted and recorded in
the Public Records of Guadalupe County, Texas, as Volume 7, Page 79, and attached hereto as
Exhibit "A" will be of no further force or effect.
EXECUTED TO BE EFFECTIVE the la` day of , 2017.
ATTEST:
Q Q
Brenda Dennis, City Secretary
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
CITY OF SCHERTZ, TEXAS
?D7��777q
Jo essel, City Manager
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared John Kessel, City Manager of the City of Schertz, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this th la'day of V, 2017.
[Seal]
4�99�6A96
aP SARAH E. GONZALEZ
Notary Public, State of Texas
My Comm. Exp. 10 -31 -2020
ID No. 12671089 -9
AFTER RECORDING RETURN TO:
City of Schertz, Texas
Attn: Planning & Community Development
1400 Schertz Parkway, Building 1
Schertz, TX 78154
e
40t Public in and for the State of TTex
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Drainage Easement
Mesa Oaks
Subdivision
Lots 1 -5, Block 3
Lots 1 -7, Block 2
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This page has been added by the Guadalupe County Clerk's
office to comply with the statutory requirement that the
recording information shall be placed at the foot of the record.
2017024780
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
10/18/2017 3:24:40 PM
PAGES: 4
TERESA KIEL, COUNTY CLERK
GUADALUPE COUNTY, TEXAS