18-R-75 - Agreements to accept parkland and easements granting access Easement access to city owned parkland on south side of wiederstein road Resolution with attachmentBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
WHEREAS, the current City owned parkland on the south side of Wiederstein Road just west of
FM 3009 is too small and inaccessible to utilized by the public as parkland; and
WHEREAS, the City currently has to maintain this property that is not being used by the public;
and
WHEREAS, the City of Schertz desires to provide access to the existing and future hike and bike
trail network and sidewalk network given the priority of this infrastructure as outlined in the
City's Parks Master Plan; and
WHEREAS, the adjacent property owner is willing to grant additional land to approximately
double the size of the current City parkland, generally as shown on the attached Exhibit A; and
WHEREAS, the adjacent property owner, in exchange for the City granting of an approximately
50' wide access easement across the existing park property, will dedicate additional parkland,
construct an access drive in the easement and dedicate an adjacent parking easement and
construct 10 parking spaces in that easement for use by the public to access the enlarged
parkland; and
WHEREAS, the City Council has found significant public benefit to improving the City's park
system by increasing the amount of parkland and providing access to parkland that currently is
not accessible by the public;
NOW THEREFORE BE IT RESOLVED BY THE CITY OF SCHERTZ CITY COUNCIL,
that:
Section 1. The City Council hereby authorizes the City Manager to act on behalf of
the City of Schertz in all matters related to the above mentioned dedication of parkland and
easements.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 26th day of June, 2018.
CITY OF TZ, TEXAS
R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
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