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19-K-01 Terminating vehicle non access easement on lots 6 & 8, block 1AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A VEHICLE NON ACCESS EASEMENT ON LOTS 6 AND 8, BL04CK 1 OF THE ENTERPRISE INDUSTRIAL PARK SUBDIVISION; AND ESTABLISHING 4 AHEREOF WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Mid Cities 35 G.P., L.L.C. and Schertz PT Industrial Associates Land Limited Partnership, as a one foot vehicular non - access easement, across the Grantor's Property, and said Easement was established by Plat and was recorded in the Public Records of Comal County on September 18, 2008 as document number 2008060' )5456 (hereinafter the `Basement "); and WHEREAS, The Planning & Community Development and Engineering Departments have reviewed the Easement and have determined that the Easement is not necessary due to existing code requirements which control access points onto City roadways; and WHEREAS, The owner of Lot 6, Block 1 of Enterprise Industrial Park, has submitted construction plans to build an access point at the Intersection of Lookout Road and Schertz Parkway; and WHEREAS, There would be no adverse impact to transportation 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 Vehicular Non - Access 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 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 vehicle non access 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, determined 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 8h day of January, 2019 PASSED, APPROVED and ADOPTED on final reading the 22 °a day of January, 2019. CITY OF SCWRTZ R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Exhibit A "Release and Termination of Public Drainage Easement"