23-R-128 ROW Hallie's Cove SubdivisionRESOLUTION NO. 23-R-128
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT TO DEDICATE
RIGHT-OF-WAY (ROW) IN EXISTING PARKLAND FOR A
SECONDARY ACCESS FOR ADDITIONAL DEVELOPMENT IN THE
HALLIE'S COVE SUBDIVISION IN EXCHANGE FOR FUNDING
PUBLIC PARK IMPROVEMENTS AND DEDICATION OF LAND.
WHEREAS, the developer of the Hallie's Cove subdivision needs secondary access for
additional development and that access is through existing dedicated parkland; and
WHEREAS, City staff negotiated a public benefit of $30,000 for park improvements for
the right-of-way (ROW) needed in the existing parkland; and
WHEREAS, the Parks & Recreation Advisory Board recommended approval of the
concept agreement at their meeting on November 27, 2023; and
WHEREAS, the City of Schertz will benefit from the additional public park
improvements that will be funded with this 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 act on behalf of
the City of Schertz in all matters relating to the above mentioned right-of-way (ROW) dedication
and funding of park improvements and dedication of land in approving an agreement generally
as per Exhibit "A".
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 _th day of4"�,k2)
CITY OF SCHERTZ, TEXAS
R t1lbu 'fez, Mayor
ATTEST:
AL
Sheila Edmondson, City Secretary
Exhibit "A"
Park Dedication Agreement
STATE OF TEXAS §
COUNTY OF GUADALUPE §
PARK DEDICATION AGREEMENT
REVOLUTION CHURCH SUBDIVISION — PUBLIC IMPROVEMENTS
This PARK DEDICATION AGREEMENT (the "Agreement") is by and between
(the "Developer") and the CITY OF SCHERTZ, a Texas municipal
corporation (the "City"), and is effective upon the execution of this Agreement by the Developer
and the City (the "Effective Date").
WHEREAS, the Developer is the owner of that certain real property located in the City
of Schertz, Bexar County, Texas, more specifically described on Exhibit "A", attached hereto
and made a part hereof for all purposes (the "Property" or " Subdivision"); and,
WHEREAS, the Developer seeks to develop a commercial subdivision on the Property
(the "Subdivision") that requires the construction of certain public improvements and dedication
of parkland; and,
WHEREAS, this Agreement is made solely with respect to the commitments and
assurances set forth and approved by the City of Schertz City Council in Resolution 23-R-128 on
December 5, 2023 and attached as Exhibit B.
NOW THEREFORE, in consideration of the agreements set forth herein and for other
reciprocal good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and stipulated by the Parties, the Owner, the Developer and the City agree as
follows:
Dedication of Parkland and Easements; Covenants. The Developer and the City covenant
and agree to the following:
As a part of the development of the Property, and in addition to all other development
requirements set forth in the Unified Development Code, Developer covenants
and agrees to provide the following, as depicted on the attached Exhibit C:
i. dedicate additional parkland from Developer owned land to
enlarge the existing City owned parkland adjacent to the
Property.
ii. Pay $30,000 to be used to construct park improvements in
parkland adjacent to the additional parkland dedication.
iii. Construct a street, in conformance with City standards,
across the City owned parkland.
As a part of the development of the Property, and in accordance with the
intent expressed in Resolution 23-R-128 on December 5, 2023, City
covenants and agrees to the following, as depicted on the attached Exhibit
C:
i. Allow construction of a street to in conformance with City
standards across the City owned parkland.
Approval of Agreement. The City has approved the execution and delivery of this
Agreement and the Developer represents and warrants that it has taken all necessary action to
authorize its execution and delivery of this Agreement.
Governmental Immunity. The City does not waive or relinquish any immunity or defense
on behalf of itself, its officers, employees, Councilmembers, and agents as a result of the
execution of this Agreement and the performance of the covenants and actions contained herein.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, representatives, successors, and assigns, and
the terms hereof shall run with the Property.
Counterparts. This Agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts shall be
construed together and shall constitute one and the same Agreement.
Integration. This Agreement is the complete agreement between the parties as to the
subject matter hereof and cannot be varied except by the written agreement of the Developer and
the City. The Developer and the City each agrees that there are no oral agreements,
understandings, representations or warranties which are not expressly set forth herein.
Notices. Any notice or communication required or permitted hereunder shall be deemed
to be delivered three (3) days after such notice is deposited in the United States mail, postage
fully prepaid, registered or certified mail return receipt requested, and addressed to the intended
recipient at the address shown herein. Any address for notice may be changed by written notice
delivered as provided herein. All notices hereunder shall be in writing and served as follows:
If to the Developer.
Attention: Harry Hausman
If to the City:
CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
With copy to:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
Legal Construction. If any provision in this Agreement is for any reason unenforceable,
to the extent the unenforceability does not destroy the basis of the bargain among the parties,
such unenforceability will not affect any other provision hereof, and this Agreement will be
construed as if the unenforceable provision had never been a part of this Agreement. Whenever
the context requires, the singular will include the plural and neuter include the masculine or
feminine gender, and vice versa. Article and section headings in this Agreement are for
reference only and are not intended to restrict or define the text of any section. This Agreement
will not be construed more or less favorably between the parties by reason of authorship or origin
of language.
Recitals, Exhibits. Any recitals in this Agreement are represented by the parties hereto to
be accurate, constitute a part of the parties' substantive agreement, and are fully incorporated
herein as matters of contract and not mere recitals. Further, any exhibits to this Agreement are
incorporated herein as matters of contract and not mere exhibits.
No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are
not intended to, and shall not be deemed to, create a partnership or joint venture among the
parties.
Choice of Law. This Agreement will be construed under the laws of the State of Texas
without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District
Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the
terms and provisions of this Agreement. No provision of this Agreement shall constitute consent
by suit by any party.
[ Signatures and acknowledgments on the following pages J
Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged
, the
said limited liability company.
(SEAL)
Developer:
By:
Name:
Title:
Date:
before me on the day of , 2023 by
of , on behalf of
Notary Public in and for
The State of Texas
My Commission Expires:
Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of the
Acknowledgments to be effective as of the Effective Date.
Cam:
CITY OF SCHERTZ,
a Texas municipal corporation
Im
Name: Steve Williams, City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2023 by Steve
Williams, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf
of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
EXHIBIT "A"
The Property
[ See attached]
EXHIBIT "B"
Resolution 23-R-128
[See attached)
EXHIBIT "C"
Depiction of Improvements, Land Dedication and Street
[See attached}
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