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23-R-136 Acceptance Property Donation 5.913 Acres-FM 1518 and Nell Deane BlvdRESOLUTION NO. 23-R-136 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PROPERTY DONATION, GENERALLY 5.913 ACRES LOCATED ON THE SOUTHWEST SIDE OF FM 1518 AT THE INTERSECTION OF FM 1518 AND NELL DEANE BLVD. WHEREAS, the owner of the property located on the southwest side of FM 1518 at the intersection of FM 1518 and Nell Deane Blvd. has offered to donate the property to the City of Schertz; and WHEREAS, the approximately 5.913 acre property, zoned GB-2 is located in the City of Schertz; and WHEREAS, the growth of the City of Schertz causes the city to need additional land to provide needed services and amenities in the City; and WHEREAS, the City Staff has begun reviewing background information on the property, including conducting a site visit; and WHEREAS, City Staff believe the property could be of use for parkland and open space on the Cibolo Creek Trail corridor; and WHEREAS, the Schertz Parks & Recreation Advisory Board recommended the acceptance of the property at their September 25, 2023 meeting; and WHEREAS, City Staff are recommending the City accept the donation of this property. 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 the necessary documents to accept the property as depicted in 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 Exhibit A — Property Description 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 lq�day of6'UmktV---' 2023. CITY OF SCHERTZ, TEXAS R G ie ez, Mayor ATTEST: 1 Sheila Edmondson, titsecretary (CIT'