1987R04- MALFORD BOECK ESTATE
RESOLUTION NO. ??-R-4
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AGREEING TO ANNEX THE MAL FORD BOECK ESTATE IFI!SAN
ANTffiNIO DISANNEXES THE TERRITORY.
WHEREAS, the Malford Boeck Estate Representatives have requested
their land located on Weichold Road be annexed by the City of Schertz;
and
WHEREAS, the City of San Antonio must disannex this land and
release the territory from it's Extraterritorial Jurisdiction in
order that the territory will be contiguous to the City of Schertz'
jurisdiction; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT if the City of San Antonio performs the necessary actions
to release said territory, the City of Schertz will commence annexa-
tion proceedings to annex the area.
PASSED, APPROVED AND ADOPTED this the
1?c1c
day 0 f ,
1Jln~
, 1987.
ATTEST:
(SEAL OF CITY)
FORM P:HE&1CHIULU IIY klOAKD OF IHIloUKA,NCt; CUMMUIIlUON..H";'O..- T..........
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Capital and Surplus over$2,300,OOO.OO
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TITLE GUARANTY COMPANY
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, STEWART TITLE GUARANTY COMPANY, A CORPORATION OF GALVESTON"
tEXAS, HEREIN CALLED THE COMPANY. FOR VALUE, DOES HEREBY GUARANTEE,
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__ ALWINE BOEOK
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HEREIN STYLED INSURED.HER HEIRS, EXECUTORS AND ADMINISTRATORS" THAT
SHE HA S GOOD AND INDEFEAl;;IBLE TITLE TO THE FOLLOWING DESCRIBED'
REAL PROPERTY:' " "-
BEING 83.64 acres, more or lEISS, out of the John Sheppard, " '
Survey #314, being the SO acre tract. conveyed to William Shadwell;
by Oharlotte Shadwell by Deed in Vol. 101, page 274, and the 39.4
acres conveyed td William Shadwell by John Wickeland by deed in
Vol. ,91, page 376; except the tractsC01lveyed to Bexar County by
deeds in Vol. 100, page 3S6,andVol. lS41, page 567; except the
strip 6 varaS wide and 419 varas long' offthe"West side conveyed
to John Wickeland by deed ,in vol. 15..5, page 467; Deed Records of
Bexar County, Texas; also acemetary lot, to be fenced off. ' The
tract herein described being bounded on the North partly byths 100
acre tract conveyed.,to.Max,.)?ro,t,ze:c;by;';"Vol.;,.)8l, .,page,6l8~"aIlcL,par1;::I.y:.:::
by the 151 acres conveyed to Crescencio Ortiz by Vol. 1627, page
204; on the East'and So~th by the tract conveyed to Henry Voges by
deed in Vol. 275, page 2'64; and on the West by the I) 'lara strip ,
aforementioned; said 83.64 acres being situated about five miles
southeast of Converse, 'Texas in Bexar County, Te,xas. ,
Described. inDeed, Ql1'lerJones, AdJ!linj,l;ltratorof the Estate
, of Ma, ' ry Shadwe,l1.,De~,ea,sed:,.+tg;f;'~, "wJl}e"'Bo~,ck';ida,~~~fPece:n, b, er,' ;JA" '.
19S3 filed'forrecord'.Deaember.1B,1\].l9S3"",,,,,,,',k; ,"'f ,",', '.\
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2 RESTRICTIVE COVENANTS AFFECTING THE PROPERTY ABOVE DESCRIBED.
3. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY
LINES, OR ANY ENCROACHMENTS OR ANY OVERLAPPING OF IMPROVEMENTS
WHICH A CORRECT SURVEY WOULD SHOW.
4. TAXES FOR THE CURRENT YEAR.
5.
Right-of-Way to Magnolia Petroleum Company recorded in Vol.
page 264, Deed Records of Bexar,County, Texas.
1171,
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6. Rights of parties in possession.
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SAID COMPANY SHALL NOT BE LIABLE: IN A GREATER AMOUNT THAN ACTUAL MONETARY LOSS OF INSURED, ANI:! IN .NO EVENT SHALL SAID
COMPANY BE LIABl.E FOR MORE THAN
TEN THOUSAND FOUR HUNDRED FIFTY-FIVE
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DOLLARS, AND SHAl.L, A." ITS OWN CDST. DEFEND SAID INSURED ~N EVERY SUIT OR PROCE.EDING ON ANY CLAIM 'AGAINST OR RIGHT TO SAID LAN!?_ ~R
ANY PART THEREOF, ADVERSE TO THE TITLE HEREB'" GUARANTEED; PROVIDED THE PARTY .o~ PARTIE'S ENTITLED TO SUCH DEFENSE SHALL; WITHIN A
REASONABLE TIME AFTER THE COMMENCEMENT OF SUCH SUIT OR ~ROCEEDING "NO IN AMPLE TIME FOR DEFENSE THEREIN, GIVE SAIOCOMPANY WRIT?
TEN NOTICE OF THE PENDENC.... OF" THE SUIT OR PROCEEDING, AND AUTHOR IT"" TO DEFEND, AND SAID COMPANY SHALL NOT BE LIABLE UNTIL SUCH
ADVERSE CLAIM OR RIGHT SHALL HAVE BEEN HELD VALID 8y'A COURT OF LAST RESORT TO WHICH EITHER LITIGANT MAY APPLY, AND IF SUCH ADVERSE
CL...IM OR RIGHT so EST",BLlSHe:D SH"'LL BE FOR LESS THAN THE WHOLE: OF THE PROPERTY. THEN "HE LlABILI,.y OF THE COMP"!:lY.SHALL BE ONLY
SUCH P"'RT OF THE WHOLE LIABILIT.... LIMITED "'BOVE."'S SH"'LL 8EAR THE S...MERATIO TO THE WHOLE LI...BILIT.... THAT THE ADVERlilE CLAIM OR RIGHT
ESTABLISH-ED MAY BEAR TO THE WHOLE PROPERTY, IN THE ABSENce 0.. NOTICE AS AFORES"'ID, THE COMPANY IS RELIEVED FROhl ALL LI....BlLlTY WITH
RESPECT TO SUCH CLAIM OR DEM"'ND, PROVIDED, HOWEVER, TH"'T FAILURE TO NOTIFY SHALL NOT PREJUOICE THE CLAlhl OF" THE ASSUREO, IF .SUCH
ASSURED 6HAl..L NOT BE A PARTY TO SUCH ACTION OR PROCEDURE, NOR BE SERVED WITH PROCESS THEREIN, NOR HAVE ANY KNOWLEDGE THEREOF~
NOR IN ANY CASE, UNLESS THE COMPANY SH"'LL ~E ACTUALLY PREJUDICED 8Y GUCH FAILURE.
UPON PAYMENT OF ANY 1..056 HEREUNDER, THE COMPANY SHALL liE ENTITLED TO I!IESUBROGATED TO ALL RIGHTS OF INSURED AGA.INST ALL
OTHER PARTIES.
UPON'A S"'LE OF" THE!: PROPERTY COVERED HEREI!IY, THIS POLICY AUTOMA.TIC...LLY THEREUPON SHA.Ll. I!IECOME A WA.RRANTOR'S POLICY AND THE
INSURED, HIS HEIRS, EXECUTORS AND AO-MINI6TRATORS, SHALL ,.OR It. PERIOD OF TWENTY.FIVE Y.EARS FROM O"'TE HEREOF REMA.IN FULLY PROTECTEO
ACCORDING TO THE TERMS HEREOF, BY REASON OF THE P"'YMENT OF ANY LOSS .HE OR THEY MAY SUSTAIN ON ACCOUNT OF ANY WARRANTY CONTAINED
IN THE DEED EXECUTED BY INSURE~ COf'!VEYINlJ &AID PROPERTY.',THIl C()MPANY_T9.'f: I..IA.I!II..E UNDER~"'ID WARRA~.TY ONLY BY REASON.OF..9EFeq.i>.....~"'~l-f.\.-i-"i'-..,,'
I..IENS OR ENCUMBRANCES EXISTING PRIOR TO OR AT' THE DATE HEREOF (AND' NOT EXCEPTED ",BOVEI SUCH LIABIL.ITY NOT TO EXCEED THE AMOUNT
ABOVE W~ITTEN.
IN WITNESS WHEREOA'. THE $TEWART TITLE. GUARANTY COMPANY HAS CA.USED THIS CERTIFICATE TO BE EXECUTED By' ITS. PRESIDENT
UN'DER THE. SEAL OF SAID COMI"<\NYl BUT,THIS CERTIF.ICATIE. SHALL' NOT BE 'VALID .UNLESS IT BEARS AN AUTHORIZED COUNTERSUiNATURE, THIS
18th
DAY OF December,
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GlJA~ANTY COMf'ANVo"/:Y
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PRESIDENT
COUNTERSIGNED:"
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or in anywise appertaining; to have and to hold the hereinabove described property
unto the said >1alford W. Bgeck, his heirs and assigns forever.
Executed On this the 1J.~ day of April, 1961.
aKt/t~CL ~ ~
Alwina Boeck
.
The State of Texas
County of Bexar
Before me, the undersigned authority, on this day personally appeared Alwina Boeck,
a widow, known to me to be the person whose name is subscribed to the foregoing
instrusnent and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the ;'<'::2 ~ day of April,1961.
R~~~~/-
Notary Public, Bexar County, Te><:as
(Robert G. Caruth, N. P. )
Ptl1"m 101~12-61)-25M-cNDg
THE STATE OF TEXAS
County of Bexar
~
I. FRED HUNTRESS. County Clerk of said County.
do hereby certifyJrat the foregoing in$t~nt of writing with its CenifiCQte of auth)ntio::ttion was fUed for record in my office, on
the --------~;t---- day of------------U-t:!----------- A. D. 1961 al-_~_~'.fL_Z_O.clock__________a, M" and duly recorded
the ___ ---T---j{---- day oL______2?L.!;f-____________ A. D. 1961 at:f'~y{J..O.ClOek__________EM.. ~ the records of
-___ __ ,_.' __.6Y.J:Ldi____ _____of Sai~ County, In book volume_____lf_2_~_f. on pcwe__/;{;__f_2J1lL_____,..
In TestUuony Whereof. wilness my hand and official seal of office. tru,,--------1-da~,-~:;;=7L-----A. D. 1961.
By9j1:22e-:~:Cji:Lft;J;;Zt;:-------, Deputy.
KNOW ALL 1"iEN BY THESE PRESENTS; That I. Alwina. Boeck. a widow, of Bexar County.
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Texas, for and in consideration of the love and affection which I have and bear
unto and towards my son, !.ialford W. Boeck, have given, granted and confirJlled., and
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by these presents do give, grant and confirJll, unto the aaid Malford W. Boeck, of"
Bexar County, Texas, all my right, title and interest in and to the following d&-
scribed real property situated in Bexar County, Texas, to-witl
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FIRST TRAOT; All that certain tract or parcel of land lyi~ in
Bexar County, Texas, being out of a tract of 50~
acres out of Surveys Nos. 36. 37, 103 and 314, being
the land sold Henry Voges by John Wickland by deed
dated NoveJllber 6, 1907, recorded in VolUJlle 275, page,
204, Deed Records of Bexar County, Texas, :iilXOEPT a
tract of 5~ acre sold and a 5 vara rOad. 37 acre,
and being JIIore particularly described as follows:
Beginning at the southsast corner of tract of 255
acres, saJlle surveys, froJII which an elJII 8" dia. bears
north 82 degrees west 3 varas; thence north 16ft
degrees east 1134 varas with east line of tract 1
to corner;; thence south 74 degrees east 277.6 varaa
to aoutheast corner of Shadwell 50 acre tract; thencs
north 16 degrees east 12~ varas; thence south 52
degrees east 1067.5 varas to southeast cornsr of 5~
acre tract; thence south 27-3/4 degreeS west li.58
varas; thence south 30 degrees west 250 varas; .
thence north 60 degrees west 809 varas;. thence north,
73 degrees 34t west 442.6 varas to place of beginning,
containing 25<* acres of land, JIIore or less, and being
the sBJlle land described in that certain deed recorded
in VolUJlle 587, on pages 226-227, of the Deed Records of
Bexar County, Texas, hereto referred to for all purposes.
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SECOND TRACT: A tract or parcel of land lying and being in Bexar County,
Tems, an4. a part of the J. Wickland Survey, which i,s,
abOut, thirteen JlIiles northeast froJII the Oity of San Antonio
and for JIIetes and bounds is more fUly described a8 follo,wsl
Beginning at a stake under th,e f'ence on t,he w,est side of a
twenty (20) foot road, which is 661-2/5 varaa south 27 '
degree a 45~ weat bOJII the corner post of fence at the N. li1"
corner of said J. Wickland Survey (thia poat ia the turn of'
the lane and referred to by old bearing tree which is on'
the ground at this tiJlle with its marks plainly Visible) froJII
which a JIIesquite 7 in. dia. beara S 66 degrees 30t W. 7
varaa and a JIIesquite 8 in. dia. bears N. 45 degree.W. 1!rl/5
varas: thence N. 50 degrees W. 633.3 varas to point froJII
which a JIIesquite tree 8 iln. dia. beara S. 45 degrees W.
2 varas: thence N. 52 degrees 451 E. 552.8 Varas to a point,
on S. W. of road under fence. from which a large stone by
large corner post on north side of and at turn of road bears
N. 52 degrees 451 E. 7.2 varas; thence S. 67 degrees 451
E. aloag fence on S. W. side of a 20 foot~a4, 387.3 varas
to a corner post of fence at turn of ~ImO~ on the S. W. and
N. W. sides of said lane; thence S. 27 degrees 451 W. 654.2
varas to the place of beginning and containing fff~-twoail.iion
half (5211) acres of' land, being the BaJlle'land described in that
certain d<;>ed recorded in VolUJlle 474. on pagea 624-5. of' the
Deed Records of Bexar Oounty, Texas, hereto referred to for all
purposes;
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together with all and singular the hereditaJllents and appurtenances thsreun~o belonging