23-R-03 Replat Live Oak Hills Addion-Heritage Oaks SubdivisionRESOLUTION NO. 23-R-03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN ON
BEHALF OF THE CITY OF SCHERTZ, APPLICATIONS TO REPLAT
LOT 1, BLOCK 41 OF THE LIVE OAK HILLS ADDITION AS PART OF
THE PROPOSED HERITAGE OAKS SUBDIVISION.
WHEREAS, the Live Oak Hills Subdivision was platted in the 1960's prior to the
property being annexed into the City of Schertz; and
WHEREAS, the Live Oak Hills Subdivision, is a paper subdivision, lacking adequate
infrastructure including roads, water and sewer to support development of the existing lots; and
WHEREAS, the right-of-way for the streets in the Live Oak Hills Subdivision do not
provide for adequate width to provide necessary turn arounds required for emergency vehicles;
and
WHEREAS, the City of Schertz City Council in May 2021 approved a request to rezone
a portion of the Live Oak Hills Subdivision to PDD - Planned Development District to allow for
the redevelopment of the property as Heritage Oaks; and
WHEREAS, the approved master plan for Heritage Oaks proposed to replat the property,
realigning, abandoning and dedicating new streets and creating a new lot pattern that provides
for necessary infrastructure and access by emergency response vehicles; and
WHEREAS, the City of Schertz owns Lot 1, Block 41 of the Live Oak Hills
Subdivision, and
WHEREAS, Lot 1, Block 41 cannot be developed for lack of infrastructure and the City
of Schertz is required to maintain the property including cleaning up illegally dumped materials;
and
WHEREAS, developer of Heritage Oaks is proposing to utilize Lot 1, Block 41 as a
drainage and utility easement and right-of-way; and
WHEREAS, the incorporation of Lot 1, Block 41 is consistent with the City's role in
providing for infrastructure and will likely reduce the costs associated with maintaining the
property.
NOW THEREFORE, 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 sign any necessary
development applications to allow Lot 1, Block 41 of the Live Oak Hills Subdivision to be
replatted and redeveloped as right-of-way, drainage and utility easements as part of the
Heritage Oaks Development.
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 28th day of February, 2023.
CITY O SCH HTZ, TEXAS
R 'Giderrez, Mayor
ATTE ' T:
Sheila Edmondson City Secretary
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