18-R-102 - Right of Way dedication & easements along Hubertus RoadWHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for a right -of -way dedication with Comal Independent School
District, (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "), for the
dedication to the City of right -of -way containing three parcels the sizes of which are 0.524,
0.220, and 1.058 acres, as more particularly described on an exhibit attached to the Agreement
(the "Right -of- Way "); and accept the dedication of such Right -of -Way in accordance with the
terms of the Agreement; and
WHEREAS, the City needs to acquire the Right -of -Way in connection with the operation
and maintenance of a City water main and the widening of Hubertus Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the Grantor pursuant to the dedication document and to accept the dedication of the
Right -of -Way in accordance with the terms of the Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to
accept the dedication of the Right -of -Way to the City in accordance with the terms of the
Agreement.
Section 2. 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 3. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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 6. 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 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 7th day of August, 2018.
CITY O SCHERTZ, TEXAS
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or
ATTEST:
�Wenda Dennis, City Secretary
(CITY SEAL)
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