1977R13- Agreement with Edgar Von Scheele
RESOLUTION NO. '7 '/-f!. - /3
A RESOLUTI ON
DECLARING THE CITY OF SCHERTZ' POSITION ON THE
PROPOSED DOBIE MIDDLE SCHOOL ROAD AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH EDGAR VON
SCHEELE AND GUADALUPE COUNTY PERTAINING TO CON-
STRUCTION OF THE ROAD.
WHEREAS, there is a need to construct a more direct road to the
Dobie Middle School; and
WHEREAS, the City of Schertz has been requested to enter a three
party agreement to require the road to be constructed to City street
specifications; and
WHEREAS, the City Council of the City of Schertz neither wants
to prohibit or delay the construction of the road, nor allow the resi-
dents of Schertz to be unfairly burdened with the cost of an adequate
(above flood level) bridge across Dietz Creek, either now or in the
future, NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT the City of Schertz approve a contract, attached hereto,
which will declare the position of the City of constnuction of the
proposed Dobie Middle School Road; and
THAT the Mayor be authorized to execute said attached contract
for the Ci ty.
PAS~ED, APPROVED AND ADOPTED this the 01; day of ,
19? .
WC~
Mayor, City of Schertz, Texas
ATTEST:
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CONTRACT FOR ROAD EXTENSIONS AND IMPROVEMENTS
THE STATE OF TEXAS
COUNTY OF GUADALUPE
WHEREAS, the Commissioner's Court of Guadalupe County proposes
to construct an extension of Elbel Road across the 154.402 acre Ottomar
L. Dietz tract from Farm--Market Road 3009 to Borgfeld Road; and
WHEREAS, the proposed roadway does not lie wholly within the
city limits of the City of Schertz, Texas; and
WHEREAS, Edgar Von Scheele is the owner of the land across which
said road construction is to be done and has agreed to donate the right-
of-way necessary for the proposed road construction; and
WHEREAS, the City of Schertz desires to insure that in the event
the lands abutting the proposed road improvements are annexed and developed
at a later date, that the said road will be in compliance with the subdivi-
sion ordinance of the City; NOW, THEREFORE,
It is agreed as follows:
I
Edgar Von Scheele hereby agrees as follows:
A. To donate the necessary right-of-way easement to allow construc-
tion of an extension of Elbel Road from F.M. 3009 to Borgfeld Road. Said
right-of-way easement is described by metes and bounds in Exhibit A which is
attached hereto and incorporated herein as fully as if copied in its entirety
in this paragraph.
B. To have his engineer prepare a proposed subdivision plat and
plans and specifications which will show the alighment and grade of the pro-
posed road construction, to include profile, stake-out and cut sheets.
C. To install, at such future time as the lands abutting said road
extension are annexed to the City of Schertz, necessary and required concrete
curbs and asphalt surface courses to be constructed in accordance with the
City's subdivision ordinance.
D. To construct, at such future time as the lands abutting the
proposed road construction are annexed to the City of Schertz, a bridge
across Dietz Creek. Said bridge is to be constructed in accordance with the
Page Two
specifications of the City's engineer which are attached hereto
as Exhibit B and incorporated herein as fully as if recopied in its
entirety in this paragraph.
II.
The City of Schertz, Texas agrees as follows:
A. To provide at the City's cost the City Engineer's inspection
of the proposed road construction.
B. At such future time as the lands abutting said proposed road
construction are annexed to the City of Schertz, to accept the construction
as being in compliance with the City's subdivision ordinance subject to
compliance of Edgar Von Scheele with the requirements of Section 1 of this
Agreement.
C. To bear the cost of making the base material acceptable to
receive the asphalt surface course at the time of subdivision development.
III.
The County of Guadalupe agrees to bear all construction costs of
the proposed road extension and to construct said road improvements.
1977 . Executed in triplicate originals on this,~ day Of~
I!~ 7
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ATTEST: Mayor, City of Scnertz, Texas
(SEAL OF CITY)
Page Three
County Judge, Guadalupe County
ATTEST:
County Clerk
Guada 1 upe County
(SEAL OF COUNTY)
Edgar Von Scheele
IX. I Inl"<." II I '-'I 11a-'IVlnl ILX '--'''-I., '-OnSUIt:II1~ t:"~IIII::I::I:O
2C WEST OLMOS DR!VE, SAN ANTONIO, T~XAS 78212 REGISTERED PROFESSIONAL ENGINEERS
--
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
PHONL 824-4555 AMERICAN SOCIETY OF CIVIL ENGINEERS
AMERICAN SOCIETY OF MILITARY ENGINEERS
CONSULTING 'ENGINEERS COUNCIL OF TEXAS Ilc U. S.
AMERICAN. SOCIETY OF PLANNING OFFICIALS
EXHIBIT A
FIELD NOTES FOR
A 3.098 ACRE TRACT OF LAND OUT OF THE 154.402 ACRE TRACT OF LAND OUT OF
THE OTTOMAR L. DIETZ TRACT OF LAND OUT OF THE MALPAZ SURVEY NO. 67, AS
RECORDED IN VOLUME 230, PAGES 395 AND 396, OF THE DEED RECORDS OF GUADA-
LUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING: At a point on the west ROW line of Borgfe1d Road, said point
bei ng S 300 06' 0511 E 3647.59 feet from the inter sect i on of
the south ROW line of Live Oak Road and the west ROW line of
Borgfeld Road;
THENCE: S 300 06' 05" E 110.15 feet along the west ROW line of Borg-
fe1d Road to the PC of a property line return;
THENCE: Along said curve to the left whose tangent bearing is N 300
06' 05'.' Wand has a radius of 25.00 feet, a central angle of
sr 03' 35", an arc distance of 37.99 feet to the PT of said
curve;
THENCE: S 620 53' 20" W 840.81 feet to the PC of a curve to the right;
THENCE: Along said curve to the right which has a radius of 630.00
feet, a central angle of 420 la' 05", and an arc di stance of,
463.66 feet to the PT of said curve;
THENCE: N 740 56' 35" 'W 302.28 feet to the PC of a curve to the left;
THENCE: Along said curve to the left which has a radius of 646.00
feet, a central angle of 450 001 00", and an arc distance of
507.37 feet to the PT of this curve;
THENCE: S 600 03' 25" W 77.00 feet to the PC of a property line return
to the left;
THENCE: Along said curve to the left which has a radius of 25.00 feet,
a central angle of 900 00' 00", and an arc distance of 39.27
feet to the PT of sai d curve on the east R'OW 1 i ne of FM 3009;
. '
THENCE: N 290 56' 35" W 75.49 feet along the east ROW line of FM 3009
to the PC of a curve to the right;
. t.
THENCE: Along said curve to the right which has a radius of 2804.79
feet, a central angle of 000 42' 41", a chord which bears
N 290 35' 13" Wand an arc distance of 34.82 feet to a point
on the curved east ROW line of FM 3009, said point also being
the PC of a property line return;
R. MARVIN SHIPMAN FRANK S. WALTERS HENRY R. MACINA ROGER W. BOSE ROBERT A. COPELAND BARRY CAMPBELL
.
FIELD NOTES FOR A 3.098 ACRE TRACT, Page 2
THENCE: Along said curve to the left which has a chord that bears
S 740 35' 1511 E, a radius of 25.00 feet, a central angle of
. 900 42' 41", an arc distance of 39.58 feet to the PT of this
property line return;
THENCE: N 600 031 25" E 76.79 feet to the PC of a curve to the right;
THENCE: Along said curve to the right which has a radius of a06.00
feet, a central angle of 450 00' 00", an arc distance of
554.49 f.eet to the PT of this curve;
THENCE: S 740 56' 35" E 302.28 feet to the PC of a curve to the left;
THENCE: Along said curve to the left which has a radius of 570.00
feet, a central angle of 420 10' 05", an arc distance of 419.50
feet to the PT of this curve;
THENCE: ' N 620 53' 20" E 835.16 feet to the PC of a property line
return to the left;
Tt:lENCE: Along ~aid property line return to the left which has a radius
of 25.00 feet, a central angle of 920 561 25", and an arc
distance of 40.55'to the POINT OF BEGINNING of this 3.098
acre tract of land.
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NOTE: These field notes are based on an actual survey on the ground
and office calculations prepared by R. Marvin Shipma~ & Co.
C-2196
July 7, 1973
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EXHIBIT B
THE STRUCTURE ACROSS THE CHANNEL AND THE APPROACHES THERETO
SHALL BE AN ALL-WEATHER CROSSING. THE STRUCTURE MAY BE A
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BRIDGE OR CULVERT TYPE. THE CULVERT OR BRIDGE AND THE APP-
ROACHES THERETO SHALL BE DESIGNED TO ADEQUATELY HANDLE A
SO-YEAR RAIN FREQUENCY. THE STRUCTURE SHALL BE DESIGNED
FOR AN H-20 LOADING.
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