24-S-162 Closing Portion of Troy Lane ROW from Wiederstein Rd, portion of Shadly Lane ROW from WiedersteinORDINANCE NO. 24-S-162
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CLOSING AND ABANDONING TO THE ABUTTING
PROPERTY OWNERS A PORTION OF TROY LANE RIGHT-OF-WAY,
FROM WIEDERSTEIN ROAD, NORTH TO THE END
(APPROXIMATELY 600 FEET) AND A PORTION OF SHADY LANE
RIGHT-OF-WAY FROM WIEDERSTEIN ROAD, NORTH TO THE END
(APPROXIMATELY 600 FEET); AND ESTABLISHING AN EFFECTIVE
DATE HEREOF
WHEREAS, the City of Schertz, Texas, a home rule municipality, has established a
public Right -of -Way, Troy Lane from Wiederstein Road, north to the end (approximately 600
feet) and a portion of Shady Lane Right -of -Way from Wiederstein Road, north to the end
(approximately 600 feet); described in the Exhibit A attached herein (herein after, "The Subject
Area"); and
WHEREAS, The Subject Area is located entirely within the Live Oak Hills Subdivision;
and
WHEREAS, The Subject Area is abutted to the north by platted property as part of the
Harden Subdivision and to the south by platted Right -of -Way, more specifically Wiederstein
Road; and
WHEREAS, pursuant to Section 311.007 of the Texas Transportation Code, a home rule
municipality may vacate, abandon, or close a street or alley; and
WHEREAS, no detriment or hazard to the City of Schertz or its citizens has been found;
and
WHEREAS, on October 22, 2024, a Public Hearing was held to allow members of the
public to give testimony, and comment, on the merits of The Subject Area abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The recitals contained 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 City Council.
Section 2. That the City Council fords such closure and abandonment as requested will
cause no harm or injury to the City or its citizens, said portion of Right -of -Way is not
needed for public purpose and it is in the public interest to abandon said portion of Right -
of -Way.
Section 3. That The Subject Area as depicted on Exhibit A, is hereby closed,
abandoned, and vacated 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, subject to the conditions of Section 4.
Section 4. That The Subject Area is abandoned to the abutting owners as authorized by
Section 311.007 of the Texas Transportation Code and Section 272.001 (b)(2) or the
Texas Local Government Code condition upon The Subject Area being replatted into the
property of the abutting property owners within 12 months. The replat must not create any
non -conforming lots.
Section 5. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the
matters resolved herein.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this Ordinance would have been enacted
without such invalid provision.
Section 8. 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, Texas Government Code, as
amended.
Section 9. This Ordinance shall be in force and effect from and after its final passage,
and it is so resolved.
Approved on first reading, this ` ' day of l:�l� , 2024.
PASSED AND ADOPTED on final reading, this day of Q , 2024.
CITY OF ER ,TEXAS
Ralp utie Mayor
ATT.
Sheila Edmondso , City Secretary
EXHIBIT A
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EXHIBIT A
0- Fire Station #4 Site
- Rights -of -Way to be Abandoned
Portion of Live Oak Hills Subdivision Plat
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Wiederstein Road-
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