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12-R-33 Water Easement Agreements with the City of San AntonioRESOLUTION NO. 12-R-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING FOUR (4) PERMANENT WATER EASEMENT AGREEMENTS AND THREE (3) TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS WITH THE CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City execute and deliver four (4) permanent water line easement agreements and three (3) temporary construction easement agreements associated therewith (collectively the "Water Easement Agreements") with the City of San Antonio for the use, benefit, and control of the San Antonio Water System Board of Trustees ("Grantee"); and WHEREAS, fair market value appraisals have been obtained on all of the property that will be covered by the Water Easement Agreements; and WHEREAS, the Grantee will pay the City the fair mazket value for the Water Easement Agreements, as determined by the appraisals; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the Water Easement Agreements attached hereto as Exhibit A. 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 and deliver the Water Easement Agreements with Grantee in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contraz~y to, or inconsistent with, the Water• Easement Agreements attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be hve, 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 nevel'theless 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 24th day of April, 2012. CITY~O$ SCHERTZ, TEXAS Mayor ATTEST: _ _~ Ctty Secretary (CITY SEAL,j 50510869.1 EXHIBIT A WATER EASEMENT AGREEMENTS sosioa6v.~ A-1