12-R-37 Authorizing Water Easements with SAWSRESOLUTION NO. 12-R-37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING TWO (2) PERMANENT WATER
EASEMENT AGREEMENTS AND TWO (2) 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 two (2) permanent water line easement agreements and two (2)
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, on April 24, 2012, the City approved four (4) permanent water line
easement agreements and tluee (3) temporary construction easement agreements (collectively the
"Agreements") to the City of San Antonio for the use, benefit, and conhol of Grantee; and
WHEREAS, the Water Easement Agreements are related to the Agreements; 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 market 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 contrary to, or
inconsistent with, the Water Easement Agreements attached hereto.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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
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 15th day of May, 2012.
OF SCHERTZ, TEXAS
Mayor Pro-
ATTEST:
,Secretary
(CITY SEAL)
sosia3oi. i
EXHIBIT A
WATER EASEMENT AGREEMENTS
50514301.1 A-1
SAWS Parcel: Pll-a84
Prof ect: SAWS Regional Carries ProJecl
W ater Delivery Pipeline
PERMANENT EASEMENT -WATER
NOTICE OF CONFIDF,NTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRII{E ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT EEFORE IT IS PLED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ I{NOW ALL MEN BY THESE PRESENTS
COUNTY OF GUADALUPE §
THAT, CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation, hereinafter referred to
as "Grantor", for and in wnsideration in the tunouut of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Grantor
in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OI' TRUSTEES, Bexar
County, Texas, has given, granted, sold, conveyed, and dedicated, and by these presents, does
give, grant, sell, convey, and dedicate unto the CITY OF SAN ANTONIO, a Texas Municipal
Corporation herein referred to as "Cn~antee" for the use, benefit and control of the said SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES as such and their successors in
office appointed by the City Council of the said City of San Antonio as provided in Ordinance
No. 75686, adopted at a regular meeting of said council, Apri130, 1992, and subject to the terms
and provisions of said ordinance, an easement (the "Easement") to construct, reconshuct, realign,
inspect, patrol, maintain, operate, repair, add, remove and replace water facilities and related
appurtenances thereto, in, on, over and tlu~ough the lands located in Guadalupe County, Texas as
follows:
BEING A 0.815 OF AN ACRE (35,508 SQ. FT.) TRACT OF LAND, MORE
OR LESS, OUT OF THE T. HERRERA SURVEY N0.68, ABSTRACT NO.
153, GUADALUPE COUNTX, TEXAS, ALSO BEING OUT OF LOT 1,
BLOCK 18, KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAH) LOT 1,
BLOCK 18 BEING OUT OF A 77.565 ACRE TRACT DESCRH3ED IN A
SPECIAL WARRANTY DEED DATER OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAH) 0.815 OF' AN
ACRE (35,508 SQ. FT.) TRACT AS SHOWN ON THE ACCOMPANYING
PARCEL PLAT, BEING MORE PARTICULARLY DE5CRIRED AND
DEPICTED IN EXHHiIT "A" ATTACHED HERETO AND MADE A
PART HEREOF (THE "EASEMENT AREA");
For the purpose of using said Easement Area for any and all things necessary for the conshuction,
reconstruction, realignment, inspection, patrol, maintenance, operation, repair, addition, removal
and/or replacement of the water facilities improvements and related appurtenances to be placed
within the above described permanent Easement Area. The Grantee expressly agrees that it will
SAWS Parcel: Pl1-084
Project: SAWS Regional Catrizo Project
Water Delivery Pipeline
remove from said land all surplus material and will cause said land to be left as Healy as possible
in the condition as it existed on the Effective Date (as hereinafter defined) prior to the
construction of said improvements.
Together with the right of ingress and egress over said Easement Area for the purpose of
constructing, recmvshucting, realigning, inspecting, patrolling, maintaining, operating, repairing,
adding and removing said water lines and related appurtenances; the right to relocate said water
lines and related appurtenances within said Easement Area; the right to remove from said ]ands
all trees and puts thereof, or other obshuctions, which may interfere with the exercise of the
rights granted hereunder; and the right of exercise of all other rights hereby gt•anted, and Grantor
expressly wvenants for itself, its legal representatives, successors and assigns that no building of
any kind will be placed in the Easement Area, provided, however, such covenant shall not
prohibit the Grantor's use of the Easement Area for drahtage related pwposes.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
Grantee, on behalf of itself and its successors and assigns, acknowledges and agrees that
Grantor, and Grantor's successors and assigns, shall continue to have the right to use the
Easement Area for drainage related purposes, Grantee shall not disturb or otherwise interfere
with the Grantor's, and Grantor's successors and assigns, use of the Easement Area for
drainage related purposes, nor shall Grantee, or Grantee's successors and assigns, erect or
permit the erection of any slabs, structures, or other improvements within the boundaries of
the Easement Area which would interfere with the use and enjoyment by Grantor and
Grantor's successors and assigns of the Easement Area for drainage related proposes.
2. No equipment or materials may be stored in the Easement Azea overnight
3. The Easement herein granted shall be perpetual until the earlier to occur of (a) the permanent
and affirmative abandonment of the use of the Easement by the Grantee, its successors or
assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe
County, Texas, o£ an instrument by which the Grantee, or its successors or assigns, as
applicable, abandons and releases the Easement.
Q. The Easement herein granted shall our with the Benefited Property and be binding upon and
inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns,
and legal representatives, and shall be bindiug upon all puties having or acquiring any right,
titlo, orinterest in the Easement Area or any portion thereof,
5. Tho Easement is fiirther made subject to the matters set forth on );xhibit "I3" attached hereto
and incorporated herein for all purposes (the "Permitted Exceptions").
6. Grantee, and Grantee's successors and assigns, shall not permit any claim, lien, or other
encumbrance arising from any activity by or on behalf of Grantee, and Grantee's successors
and assigns, or from Grantee's, and Grantee's successors. and assigns, use of the $asement to
accrue against or attach to the Easement Area.
SAWS Parcel: Pl1-084
Project: SAWS Regionnl Carrizo Project
Wader Delivery Pipeline
7. The easements, rights, and privileges granted hereby shall be for the benefit of artd be
restricted solely to the parties hereto, and their successors and assigns, as now or hereafter
owning or leasing all or any portion of the Easement Area, provided, however, the foregoing
shall not be deemed to limit or restrict Grantee's ability to retain and utilize contractors and
subcontractors to perform work in the Easement Area. No easements, except those expressly
set forth herein, shall be implied by this agreement.
8. If either party brings or commences any legal action or proceeding to enforce any of the
terms of this Easement Agreement (or for damages by reason of an alleged breach of this
Easement Agreement), the prevailing party in such action shall be entitled to the recovery of
all costs and expenses of litigation, including, without limitation, reasonable attorneys' fees,
court costs, and costs of appeal.
Any notice required or permitted to be given under this Easement Agreement shall be in
writing and addressed to the party being notified at the addresses given below and shall be
deemed to havo bean given upon (1) deposit in the United States Mail, Certified Mail, Return
ReceipE Requested, postage prepaid, or (2) deposit with a nationally recognized overnight
delivery service:
If to Grantor: City of Schanz
1400 Schertz Farkway
Schertz, Texas 78154
Attention: John C. Kessol, City Manager
With a copy to: Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
Attention: Katherine A. Tapley
If to Grantee: San Antonio Water Systetn
2800 US 281 North, 2"d Floor, Tower I, Suite 226
San Antonio, Texas 78212
Attention: Manager, Corporate Real Estate
With a copy to: San Antonio Water System
2800 US 281 North, 6'l` Floor, Tower I
San Antonio, Texas 78212
Attention: Mark Brewton, Corpo•ate Counsel
Upon at least ten (10) days prior written notice, each party shall have the right to change its
address to any other address within the United States of America.
10. This agreement shall be governed and construed in aecoldance with the laws of the State of
Texas. The parties agreo that venue shall bo proper in Guadalupe County, Texas.
SAWS Parcel: Pl1-084
Project: SAWS RegionalCattizoProject:
Water Delivery Pipeline
11, This Easement Agreement is intended to cornply with and be performed in accordance with
(and only to the extent permitted by) all applicable laws, statutes, ordinances, rules, and
regulations. Tf any term or provision of this agreement, or the application thereof to any
person or circumstance, is hereafter held to be invalid or unenforceable for any reason or to
any extent, the remainder of this agreement, or the application of such term or provision to
persons and circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of this agreement shall be valid
and enforced to the fullest extent not prohibited by law.
12. This agreement may not be modified except in writing signed by the parties hereto.
13. This Easement may be executed in one or more counterptuts, Bitch of which shall be deemed
an original, but all of which shall constitute one and the same inshument.
TO HAVE AND TO HOLD the above described easements and rights unto the said Cmantee, its
successors and assigns, until the use of said easements shall be abandoned.
And Grantor does hereby bind itself, its legal representatives, successors and/or assigns to
warrant and forever defend all and singular the above described easements and rights unto the
said Cnantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any paz•t thereof, by, through, or under Grantor, but not otherwise, subject,
however, to the matters set forUr herein.
);X);CUTED to be effective as of We day of , 2012 (the
"Effective Date").
[Signadures on the followingpagesJ
SIGNATURE PAGE TO
PERMANENT EASEMENT -WATER
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTOR:
CTl'Y O1: SCHERTZ,'1'EXAS,
a Texas municipal corporation
sy:
J C. ICes el.
City Manager
STATE OF TEXAS §
COUNTY OF GUADALUPE §
Phis instrument was acknowledged before me on this ~ W~day of , 2012,
by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas mmucrpa corporation.
(SEAL)
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'~ y Notary Public in and for Sta of
,s SARAH E. GONZALEZ
~ /~Q\,\
~ Notery Public y Printed Name of Notary;
~:J State otTexas y My Commission Expires:
~as~ Comm. ~. 10-31.2012 y ~
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S-1
SIGNATURE PAGE TO
PERMANENT EASEMENT --WATER
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTEE:
Sau Antoulo Water• System,
a municipal agency
By:
THE STATE OF TEXAS §
COUNTX OF BEXAR §
Michael S. Brinkrnann
Vice President /Operations Services
This instrument was acknowledged before me on the day of , 2012 by
Michael S. Brinkmann, as the Vice President /Operations Services of the San Antonio Water
System, a municipal agency, on behalf of said agency.
(SEAL)
Notary Public in and for the State of Texas
Printed Name ofNotary:
My Conunission Expires:
List of Exhibits:
Exhibit A The Easement Area
Exhibit B The Permitted Exceptions
S-2
);xhlblt "A"
Tlxe);asement Area
Sea attached survey ylat and Reid notes
i
Bxhibil "A", Pnge 1
SAWS Parcel: P11-084 Owner: Centex Homes
Project Name: San Antohio Water System
Regional Cairizo Project (RCP): Water Delivery Pipelino
SAWS Job No: ! 0-8607
Page I of 5
EXHIBIT °'A"
FIELD NOTES
fora 0.815 of an Acre (35,508 SQ. FT.)
Permanent Water Line Easement
BEING A 0.815 OF AN ACRE (35,508 SQ. FT.) TRACT OF LAND, MORE
OR LESS, OiJT OF THE T. HERRERA SURVEY N0.68, ABSTRACT NO.
153, GUADALUPE COUNTX, TEXAS, ALSO BEING OUT OF LOT 1,
BLOCK 18, I{ENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID LOT 1,
BLOCK 18 BEING OUT OF A 77.565 ACRE TRACT DESCRHED IN A
SPECIAL WARRANTY DEED DATED OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.815 OFAN ACRE
(35,508 SQ. FT.) TRACT AS SHOWN ON TIiI: ACCOMPANYING PARCEL
PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING aset %z" iron rod with a yellow plastic cap sttunped 'B.M.B. INC.,
EASEMENT" on the south right-of--way line of Savannah Drive, a 60-foot wide
right-of--way, and thenorth line ofLot 1, Block I8 ofsaid Kensington RanchEstates
Subdivision, Unit 1 P.U,D., for the northwest corner of the herein described tract;
(1) 'thence N. 59°20'07" E., with the south right-of--way line of Savannah Drive and
the north line of said Lot 1, Block 18, a distance of 50.01 feet [o a chiseled "X" in
concrete, fot the northeast comer of the herein described tract;
Thence Southeasterly, across said Lot 1, Block 18, tho following three courses
numbered (2) through (4):
(2) S. 31°3727" E., a distance of 170.95 feet to a set''/z" iron rod with a yellow
plastic cap stamped `B.M.B. INC., EASEMENT", for an angle point;
(3) S. OS°53' 12" E,, a distance of 383.15 feet to a set %z" h'on rod with a yellow
plastic cap stamped 'B.M.B. INC., EASEMENT", for an angle point;
(4) S. 26°00'06" E., a distance of 156,19 feet to a set''/x" iron rod with a yellow
plastic cap stamped `B,M.B. INC., EASEMENT" on the south line of said Lot 1,
Block 18 and the north lino of a 5.821 acre tract described in a General Warranty
Deed dated Pebraaty 27, 2009 to the City of Schertz, recorded in Volume 2720,
Page 537, Official Public Rewrds of Guadalupe County, Texes, for the southeast
corner of the herein described tract;
SAW5 Parcel: Pl 1-084 Owner: Centex Homes
Project Name: San Antonio Water System
Regional Catriw Project (RCP): Water Delivery Pipeline
SAWS Job No: 10-8607
Page 2 of 5
(5) Thence S. 59°26'14" W., with the south line of said Lot 1, Block ] 8 and the
north line ofsaid 5.821 acre tract, a distance of 50.16 Feet to a set %z" h~on rod with a
yellow plastic cap stamped "B.M.B, ]NC., EASEMENT", for the southwest wtner
oftlte herein described tract, from said point, afound %s" iron rod at the southwest
corner of Lot 4G, Block 6 of said Kensington Ranch Estates Subdivision, Unil 1
P.U.D., betas S, 59°26'14" W., 1858.56 feet;
Thence Northwesterly, across said Lot ], Block 18, the following three courses
numbered (6) ttuough (8):
(6) N. 26°00'06" W., a distance of 169.05 feet to a set %: 'iron rod with a ye]low
plastic cap stamped 'B.M.B. INC., EASEMENT", for an angle point;
(7) N. OS°53' 12" W., a distance of 380.60 feet to a set %:" non rod with a yellow
plastic cap stamped "B.M.B. INC., EASEMENT", for art angle point;
(8) N. 31°37'27" W, a distance of 160.37 feet to the POBYT OF B);GEVNING
and containing 0.813 of an acre (35,508 Square Peet) of Innd, more or less.
Bearings based on NAD 83(93), Texas South Central Zone, Sneface Coordinates, Scale
Factor 1,00017.
All distances are stuface.
A plat of even date herewith accompanies this metes and bounds description.
SAWS Pnrcol: Pl 1-084 Owner: Centex Hennes
Project Name: San Antonio Water System
Regional Carrizo Project (RCP): Water Delivery Pipeline
SAWS Job No: 10-8607
Page 3 of 5
THL' STATE OR T)vXAS
COUNTY OD' BEXAR
KNOW ALL MEN BY THESE PRESENTS:
That I, Cregorio Loper, Jr., a Registered Professional Land Surveyor, do hereby cartil5rthat
the above description is true and correct to the best of my knowledge and belief and that the
property descnbed herein was determined by e survey made on the ground under my direction and
supervision.
WITNESS MY HAND AND SEAL at San Antonio, Bexar County, Texas, this 29'h day
ofJrdy, 2071, A.D.
Bain Medina Bain, Inc.
7073 Sarr Pedro Ave.
San Antonio, Texas 7821 f
210-494.7223
No. 5272 --State of Texas
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REFERENCES
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707J Son Padro Ave.
San Mkanlq Texae 78218
210/494-7223
TI.SF REO No, 100208-06
PAGE
5
SCaB Paryi: P11-084 Omar. CQIRI( HOME9
ProJaat Namo: San Mtonb WOlar Syatom
Reglonol Carrlxo Pro)ecl (RCP): Woken DalNary PpalNa
SAWS Job Ho.: f0-8807
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228-230, PLAT RECOADS OF CUACALUPE COUMY, TEAS, SAID LOT i, 6LOCK
18 BEING OUT OF A 77.5&5 ACRE 7PACT DESCRi8E0 N A SPECIAL WMRNOI'
GEED DATW OCTOBER 3 2005 TO CENIIX HONES, RECORD'cD N VOWNE 2220,
PACE 502, OFFlCNL PU9I1C RECORDS OF GUAOALUPE COUNTY, TWS.
PREPARED BY:
~r~ UAIN MEOINA UAIN, INC.
\~~ ENOINEEflS de SURVflORS
8 7073 San Podro Ava.
San AntoNo, Tozae 76215
210/494-7223
7LSF REO No. 100209-00 PgGE 5 OF 6
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)Jxhibit f°B"
The Permitted >rxceptions
1. All terms, provisions, covenants, agreements, rights dedications, easements, building
setback lines, restrictions and conditions according to subdivision plat thereof recorded
April 23, 2012 in Volume No. 8, Pages 1- 4 of the Public Records of Guadalupe County,
Texas.
2. All teems, provisions, covenants, agreements, fights dedications, easements, building
setback lines, restrictions and conditions according to subdivision plat recorded in Vol. 7,
Pgs 228-230 of the Public Records of Guadalupe County, Toxas.
3. 16' wide water line easement as shown on the recorded subdivision plat.
4. 20' wide sanitary sewer line easement as shown on the recorded subdivision plat.
13zhibit `B", Page 1
SAWS Parocl: PL-084T
Projxt: SAWSAeglonalCnrrimProJeot
Waler Dallvery Plpolnc
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT' IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION EASEMENT -WATER
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GUADALUPE §
THAT, CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation, hereinal3er refereed to
as "Cn~antor", for and in consideration in the amount of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Grantor
in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OIL' TRUSTEES, Bexar
County, Texas, has given, granted, sold, conveyed, and dedicated, and by these presents, does
give, grant, sell, convey, and dedicate unto the CITY Or SAN ANTONIO, a Texas Municipal
Corporation herein referred to as "Grantee" for the use, benefit and control of the said SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES as such and their successors in
office appointed by the City Council of the said City of San Antonio as provided in Ordinance
No. 75686, adopted at a regular meeting of said council, April 30, 1992, and subject to the terms
and provisions of said ordioance, an easement (the "temporary Construction Basement") over,
across and upon the following described lands:
BEING A OA89 OF AN ACRE (21,311 SQ. FT.) TRACT OF LAND, MORE
OR LE5S, OUT OF THE T. HERRERA SURVEY NO. 68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF LOT 1,
BLOCK 18, KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT' RECORDS OF GUADALUPE COUNTY, TEXAS; SAID LOT 1,
BLOCIf 18 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTX DEED DATED OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.489 OF AN
ACRE (21,311 SQ. FT.) TRACT AS SHOWN ON THE ACCOMPANYING
PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED ANDlOR
DEPICTED IN EXHHIIT "A" ATTACHED HERETO AND MADE A
PART HF,REOF (THE f°TEMPORARY CONSTRUCTION EASEMENT
AREA");
for any and all things necessary for the consGuction, storage and staging of materials andlor
equipment for installation of water lines, facilities and appurtenances thereto.. In further
consideration of this grant, said GRANTEE expressly agrees that it will remove from said land
all surplus material and will cause the Temporary Construction Easement Area to be le8 as
-1-
SAWS Parcel: P11 -084T
Project: SAWS Roglonel Cerciw Protect
W aler Del Ivory PlPeline
neatly as possible in its condition as it existed on the Effective Date (as hereinafter defined) prior
to the construction of said improvements.
The Temporary Construction Easement herein granted is subject to the following terms,
agreements, reservations, conditions, covenants, limitations, and exceptions:
1, Grarrtee shall comply with the City of Schantz Tiee Ordinance in effect as of the date hereof
and the tree plan for the project approved by the Grantor.
2. The Temporary Construction Easement herein ganted shall run with the land and be binding
upon and inure to the benefit of the Grantor and the Grantee, and klreh' respective successors,
assigns, and legal representatives, and shall be binding upon all parties having or acquiring
any right, title, or interest in the Temporary Construction Easement Area or any portion
thereof. Notwithstanding the foregoing, the Temporary Construction Easement shall
terminate upon the earlier to occur of (a) completion of construction of the aforesaid
improvements; (b) the execution and recordation in the Official Public Records of Guadalupe
County, Texas, of an insh•ument by which the Grantee, or its successors or assigns, as
applicable, abandons and releases the Temporary Construction Easement; or (c) December
31, 2014.
3. The Temporary Conshuction Easement is further made subject to the matters set forth on
Exhibit `B" attached hereto and incorporated herein for all purposes (the "Permitted
Exceptions"),
4. Grantee, and Grantee's successors and assigns, shall not permit any claim, lien, or other
encumbrance arising from any activity by or on behalf of Grantee, and Grantee's successors
and assigns, or from Grantee's, and Grantee's successors and assigns, use of the Temporary
Construction Easement to accrue against or attach to the Temporary Construction Easement
Area.
5. The easements, rights, and privileges granted hereby shall be for the benefit of and be
restricted solely to the parties hereto, and their successors and assigns, as now or hereafter
owning or leasing all or any portion of the Temporary Conshuction Easement Area,
provided, however, the foregoing shall not be deemed to limit or restrict Grantee's ability to
retain and utilize conh•actors and subcontractors to perform work in the Easement Area. No
easements, except those expressly set forth herein, shall be implied by this agreement.
6. If either party brings m• commences any legal action or proceeding to enforce any of the
Corms of this Temporary Construction Easement Agreement (or for damages by reason of an
alleged breach of this Temporary Construction Easement Agreement), the prevailing pazty in
such action shall be entitled to the recovery of all costs and expenses of litigation, including,
without limitation, reasonable attorneys' fees, covet costs, and costs of appeal.
7. Any notice required or permitted to be given under this Temporary Conshltction Easement
Agreement shall be in writing and addressed to the party being notified at the addresses given
below and shall be deemed to have been given upon (1) deposit in the United States Mail,
Certified Mail, Return Receipt Requested, postage prepaid, or• (2) deposit with a nationally
recognized overnight delivery service:
-2-
SAWS Paroel: P11-084T
PmJect: SAWS Regional Clirtizo Pmjecl
Wntar nelivery Pipeline
If to Grantor: City of Schertz
1400 Schertz Pallcway
Schet1z, Texas 78154
Attention: John C. Kessel, City Manager
With a copy to: Fulbright & Jaworski L.L.P,
300 Convent Sheet, Suite 2100
San Antonio, Texas 78205
Attention: Katherine A. Tapley
If to Grantee: San Antonio Water System
2800 US 281 Narth, 2°a Floor, Tower I, Suite 226
San Antonio, Texas 78212
Attention: Manager, Corporate Real Estate
With a copy to: San Antonio Water System
2800 US 281 North, 6th Floor, Tower I
San Antonio, Texas 78212
Attention: Mark Brewton, Corporate Counsel
Upon at least ten (10) days prior written notice, oath patty shall have the right to change its
address to any other address within the United States of Atnoriea.
8. This agreement shall be governed and construed in accordance with the laws of the State of
Texas. The parties agree that venue shall be proper in Guadalupe County, Texas.
9. This Temporary Construction Easement Agreement is intended to comply with and ba
performed in accordance with (and only to the extent permitted by) all applicable laws,
statutes, ordinances, rubs, and regulations. If any term or provision of this agteement, or the
application thereof to any person or circumstance, is hereafter held to be invalid or
unenforceable for any reason or to any extent, the remainder of this agreement, or the
application of such term or provision to persons and circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and each term and
provision of this agreement shall be valid and enforced to the fullest extent not prohibited by
IftW.
10. This agreement may not be modified except in writing signed by the parties hereto.
11. This Temporary Conshuction Easement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
instntment.
TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its
successors and assigns, until such easement shall terminate in accordance with the terms of this
Temporary Construction Easement Agreement.
-3-
snwsra~el: eu-Dear
Profecl: SAWS Reglonnl Camw Project
Weler DeAlvery Pipellna
And Grantor does hereby bind itself, its legal representatives, successors andbr assigns to
wan•ant and forever defend all and singular the above described easement and rights unto the
said Grvrtee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or tinder Cn•antor, but not otherwise, subject,
however, to the matters set forth herein.
EXECUTED to be effective as of the day of , 2012 (the
"Effective Date")
[Signatures on the fodlowingpagesJ
-4-
SIGNATURE PAGE TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTOR:
STATE OF TEXA5 F
COUNTY OF GUADALUPE §
CITY Or SCHERTZ, TEXAS,
a Texas municipal corporation
>3y:
ohn C. Kessel
City Manager
This instrument was acknowledged before me on this day of 2012,
by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas munici corporation.
(SEAL)
~aaaaaaaa»aaaaaaaaaaaaaaaaa
~ '~ SARAH E. GONZALEZ y
* * Notary Public y
~~~ State of Texas y
~ Comm. EMo. 70-31-2012 y
'G~G~LP.:fC~G•G~L V~~G V'4' V C~S;~G^CY4:~G~C~L'6~G~L~C~
Printed Name of Notary: .
My Commission Expires:
S-t
SIGNATURE PAGE TO
TEMPORARY CONSTRUCTION L+'ASEMENT AGREEMENT
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTEE;
San Antonio Water System,
a municipal agency
By:
THE STATE OF TEXAS
COUNTY OF BEXAR
Michael S. Brinlanann
Vice Prosident /Operations Services
This instnunent was aclmowledged before me on the _ day of , 2012 by
Michael S. Brinkmann, as the Vice President / Operatious Services of the San Antonio Water
System, amunicipal agency, on behalfofsaid agency.
(SEAL)
Nota<•y Public in and for the State of Texas
Printed Name of Notary:
My Commission Expires:
List of Exhibits:
Exhibit A The Temporary Construction Easement Area
Exhibit B The Permitted Exceptions
s-2
Exhibit /°A"
The Temporary Co3~strnclion Easement Area
See attached survev plat and field notes
L~xhibil "A",Page 1
SAWS Parcel: P11-084T Owner: Centex 1-loaves
Project Name: 5au Antonia Water System
Regional Cetrizo Project (RCP): Water Delivery Pipeline
SAWS Job No: 10-8607
Page 1 0£4
EXHIBIT f`A"
FCELD NOTES
fm' a 0.489 of an Acre (21,311 SQ. FT.)
Twnporaty ConstrueHou Easement
BEING A 0,489 OF AN ACRE (21,311 SQ. FT.) TRACT Or LAND, MORE
OR LESS, OUT OF THE T. IiERRERA SURVLrY N0.68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF LOT 1,
BLOCI{ 18, I{ENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTX, TEXAS; SAID LOT I,
BLOCI{ 18 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED BV A
SPECIAL WARRANTY DEED DATED OCTOBER 3, 2005 TO CENTEX
I•iOME5, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.489 OFAN ACRE
(21,311 SQ. FT,) TRACT AS SHO WN ON TIIE ACCOMPANYINGPARCEL
PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a chiseled "X" in concrete on the south right-ot=way line of
Savannah Drive, a 60-foot wide right-of way, and the north ibto ofLot 1, flock 18
of said ICensington Ranch Bstates Subdivision, Uuit 1 P,U,D„ for the northwest
corner of the herein described tract;
(1 } Thence N. 59°20'07" E., with the south right-of--way line of Savannah Drive a~td
the north line of said Lot 1, Block 18, a distance of 30.00 feet to a point for the
northeast corner of the hereat described tract;
Thence Southeasterly, across said Lut 1, Black 18, the following tluee wtnses
numbered (2) tluongh (4):
(2) S. 31°37'27" B., a distance of 177.30 feet to a point;
(3) S. OS°53' 12" B., a distance of384.69 Peet to a point;
(4) S. 2G°00'06" B., a distmice of 148,47 feet to a point on the south Wte of said Lot
1, Block 18 and the north line ofa 5.$21 acrd tract described in a General Warranty
Deed dated February 27, 2009 to the City of Schertz, rewrded in Volume 2720,
Page 537, Official Public Records of Guadalupe County, Texas, for the southeast
corner of the herein described Iraet;
(5) Thence S. 59°26' l4" W., with the south lute of said Lot 1, Block 18 and the
north ILto ofsaid 5.821 acre h•act, a distance of30.10 feet to a set %:" uon rod with a
SAWS Parcel: P11-0847 Owner: Ceiatez Homes
Pt'ojrrot Ndatie, Sail Antonio WBteY System
RCglot~al:C,taerizo. Project (RCP): WateY 17e11veYy Pipelia?e
Sr1WS Job Np; t0-8607
Pa$t:2 of4
yellow plastic cap stumped `"13,M.B, INC„ %ASBM)7NT"; for the.southwest eproer
of the aerein described tract, fiomsaid point, afound %z"' lton-rod at the southwest
coo aacr of Lot 46, Block- 6 of said ICensvagton ltanoh Estates Swbdivisicn; Unit 1
P.U;I3., bears S. 59°26'14" W., 1908.72 feet;
`['hence Nottktwastetly; across said Lot 1, Block 18, tltc fallowing theeo courses
lnuttbered (6) tlurougli (8):
{6) N. 26°00'Ob" W., a distance of 156. i 9 feel to a set'/s" )i•nn iod with A yellow
plastic-eap stamped'`B.M.B. >,NC., EASBMEtd7"', ibY an angle point>
(7) N. OS°53'2" W., a distsitco of383.13 feat to a-set i5" iroai rod w]th a yellow
piastio aap stamped `B.tvI.B.-INC., EASBivlBNT", for ma angle lio7nt;
(8) N. 31°37''29" W., a distance, of 17(L95 feet to the 1'b1NT OF BEGINNING
urid Ooptalhing 0:489 of an titre 01,311 Squatol?eet) of~land, raaore or.less.
Beatings based on NAI3 83(93), Texas South Centrttl,Zone, Surface CooSdinatcS; Soale
17actor 7 A0617,
All distances aatz suYface.
A plat ofsveat datb herewith ascotnpauiesthismetw and bounds descript7an.
-TELL S`PAT~ On TEXAS §
TfNbW :SLL.IVIBN J3Y 1'IIESB PRBSBN7'S:
CUIJI~TY'QI~ BFX-.412
x1aAt ), CleSori(i T,opez, JY., u ltsgistereil 1?YOfossiotial Land Sitrveyor, da:hereby certi~ythat
the above dasoiipt7on is true anti ct3rrect to'the bcst of my ltaaowledgo anil belief and that tfie
property described herein:was deYeratunetE bye suYVey mad@.Ontbe gtopud ulider rrry ditcetioti,and-
supervision,
WffNES~ NIY I-IAND AN17 ~LrAL at San Aittoavv,.Bexar Coiuary,Texas, this 36`"day
of November, 2011, A.I
13aiti IvSe$ifia F3aira, Iuc.
7073 SanPedYO AVe.
Sat> Antonia, Texas 782'
2{ b-A.9M-7223
N0. 5"LTl - Stato.UYTdXa3
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100- ~ , ~ A;~A ^UWN' TI Q YNt41&e lIA1~6~Pg4FNEM 1{
NTTpp~ ~ypiE02D90016D. OATEO NENSlNCYOW ESTATES I ~~
JkILY ~IJ, 1995. 5~111[IPM519N,~7 PAId1.
~,upE~~E~ppDp~(ye~rA(~S swANp8yjg1tE0wwr~ vaae,e~s.cia'~
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~- 9J) IFXAS $WE PLANE. COONdNATES SWIM
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PR~PN2ED BY:
&VN 41EgNA &1N; 97C.
ENOINEEN§ A SUMEVOR9
7WJ Sa11 PadN ANO,
- ~' San Mlanfa, TmaB 78218
~~~°°° ZIU/19~t 7283
rise REa r>o. Talzo9-od
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pAGis ~
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STATE OF TTXAS
cDUmT or
THt: ~W 0 UfpER~YN~ ~ RfSIOFTi0l1 AY 1C1UAL 9UNEY MULE Oil
6AY OF,2411-AD.
4 wa: azTa -
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~' ~11 ~ I PP.Np:C.L- VF ~~COVNIY. TFXA$
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TEMPORARY CON5fRUCTION EASEMENT
O:g89 FAN-ACRE (21,311 5Q, Fi.)
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TEMPORARY CONSTRUCTION EASEMENT , E1
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CENIEX HONES /~yj10G4 \ ~•
VOL2220, P0.502, 0.P.RR.C.T. ~y ,~r- RO•' /
lAT 1, BLOCK 18 / 5 y~T}0~ P A
Po VANNBLE W9DiH~ ~~05.'CfO,
DpAI1NGE FASPIEM / 1.
IffRSINDTON HANCII ESTATES ~"' t
SUBOM90N, UqR 1 P.UA.
YE4.7, PO$,128-230 ^,~
P.RO.C.T.
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LOT 98 BLOCK 8 y6rjM16 ~
KENSWOYON RANCN d.5, /
ESTATES suBO. UNR 1 /
C1BOL0 FARM, I1C
REIWNOER OF TRACT I
68.335 ACRES
VIX.2419, P0.211, 0.P.R,C,0.T.
.@E9~8.S:: S2419~E;
NAD 83(93) TEYAS SPATE PIANE COORpNATES SOUTH
ceHraAt zol¢, scuE TADraR I.I:BDn
.SURVEY PLAT SHOWING:
A 0.489 OF AN ACRE 21,311 SQ. FIJ TWF7 OF IAhB LIOF~ OR LESS, OUE OF
'THE i. FIERRERI 5U N0. E8, PASBV.CT N0. I5J, CUAOALUPE CWNIY,
ffXA9, ALSO BBNO OUT OF LOT I, BLOCK 18, NDISpG1W1 WWCN ESTATES
SUBDMSpN, UNH i P.V.O., A SVDDMSION PECORO[0 W VpJJwE 7, PACES
228-230, PLAT RECOpD9 OF 611ADA1.UPE COUNTY, TFKAS; SVD LOT 1, BLOCK
18 BONG DUI' OF A 77.565 ACRE TPACT DESCRIBED IN A SPECAL NMWJlIY
GEED DATED OCTOBER 3, 2008 TO CFNIIX li(8dE5, pECOTp)f!1 IN VOIAINE 2220,
PAGE 502, OFAGUl PUC41C RECORDS OF OUAO,WJDE CWNIY, 1FJUS.
PREPARED B'T:
BNN MEW7A [WN, INC.
/~ EHCIITFIIiS 8 SJRVLYORS
7073 Ban Patio Avp.
San Mlo,io, Texoa 78216
210/494-7723
H5F REO NP. 1002-00
Sons Parcel: Pil-OS4T Onnor. CFORIX HONES
Projxl Norco: San Mlordo Wo1er Syetan
Regbnel Ca/rlt6 PrPleat (RCP); Watu OeFery PlpeFrw
SAWS Job No.: 10-0607
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PAGE 4 OF 4
ASHLEY pIACE
/ SUBDA4510N, IppT i
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Exhibit "I3"
The Permitted Exceptions
1. All terms, provisions, covenants, agreements, rights dedications, easements, building
setback lines, restrictious and conditions according to subdivision plat thereof recorded
April 23, 2012 in Volume No. 8, Pages 1- 4 of the Public Records of Guadalupe Cottnty,
Texas.
2. All terms, provisions, covenants, agreements, rights dedications, easements, building
setback lines, restrictions and conditions according to subdivision plat recorded in Vol. 7,
Pgs 228-230 of the Public Records of Guadalupe County, Texas,
3. 16' wide water line easement as shown on the recorded subdivision plat.
4. 20' wide sanitary sewer line casement as shown on the recorded subdivision plat.
Exhibit `B", Page 1
SAWS Parcel: PI I-085
Project: SAWS RegionalCarrizoProject:
Water Delivery Pipeline
PERMANENT EASEMENT -WATER
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAX REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN AY THESE PRESENTS
COUNTY OF GUADALUPE §
TIIAT, CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation, hereinafter referred to
as "Grantor", for and in consideration in the amount of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Grantor
in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, Bexar
County, Texas, has given, granted, sold, cotrveyed, and dedicated, and by these presents, does
give, grant, sell, convey, and dedicate unto the CITY OF SAN ANTONIO, a Texas Municipal
Corporation herein referred to as "Grantee" for the use, benefit and control of the said SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES as such and their successors in
office appointed by the City Council of the said City of San Antonio as provided in Ordinance
No. 75686, adopted at a regular meeting of said coLmcil, April 30, 1992, and subject to the terms
and provisions of said ordinance, an easement (the "Easement") to constrict, teconsttuct, realign,
inspect, patrol, maintain, operate, repair, add, remove and replace water facilities and related
appurtenances thereto, in, on, over and through the lands located in Guadalupe County, Texas as
follows:
BEING A 0.914 OF AN ACRE (39,811 SQ. FT.) TRACT OF LAND, MORE
OR LESS, OUT OF THE T. HERRERA SURVEY N0.68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF LOT 50,
BLOCK 12, KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID LOT 50,
BLOCK 12 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTX DEED DATEll OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.914 OF AN
ACRE (39,811 SQ. FT.) TRACT AS SHOWN ON THE ACCOMPANYING
PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED AND
DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF (THE "EASEMENT AREA");
For the purpose of using said Easement Area for any and all things ttecessarq for the construction,
reconstruction, realignment, inspection, patt•ol, maintenance, operation, repair, addition, removal
and/or replacement of the water facilities improvements and related appurtenances to be placed
within the above described permanent Easement Area. The Grantee expressly agrees that it will
SAWS Parcel: Pl1-085
Project SAWS Regional Carrizo Project
Water Delivery Pipeline
remove from said land all surplus material and will cause said ]and to be left as nearly as possible
in the condition as it existed on the Effective Date (as hereinafter defined) prior to the
construction of said improvements.
Together with the right of ingress and egress over said Easement Area for the purpose of
constructing, reconstructing, realigning, inspecting, patrolling, maintaining, operating, repairing,
adding and removing said water lines and related appurtenances; the right to relocate said water
lines and related appurtenances within said Easement Area; the right to remove from said lands
all trees and parts thereof, or other obstructions, which may interfere with the exercise of the
rights granted hereunder; and the right of exercise of all other rights hereby granted, and Grantor
expressly covenants for itself, its legal representatives, successors and assigns that no building of
any kind will be placed in the Easement Area, provided, however, such covenant shall not
prohibit the Grantor's use of the Easement Area for drainage related purposes.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
1. Grantee, on behalf of itself and its successors and assigns, acknowledges and agrees that
Grantor, and Grantor's successors and assigns, shall continue to have the right to use the
Easement Area for drainage related purposes. Grantee shall not disturb or othet•wise interfere
with the Grantor's, and Cnantor's successors and assigns, use of the Easement Area fot•
drainage related purposes, nor shall Grantee, or Grantee's successors and assigns, erect or
permit the erection of any slabs, structures, or other improvements within the boundaries of
the Easement Area which would interfere with the use and enjoyment by Grantor and
Granta•'s successors and assigns of the Easement Area for drainage related proposes.
2, No equipment or materials may be stored in the Easement Area overnight
3. The Easement herein granted shall be perpetual until the earlier to occur of (a) the permanent
and affirmative abandonment of the use of the Easement by the Grantee, its successors or
assigns, or (ti)the execution and recordation in the Official.Public Records of Guadalupe
County, Texas, of an instrument by which the Grantee, or its successors or assigns, as
applicable, abandons and releases the Easement.
4. The Easement herein granted shall run with the Benefited Property and be binding upon and
inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns,
and legal representatives, and shall be binding upon all parties having or acquiring any right,
title, or interest in the Easement Area or any portion thereof.
S. The Easement is farther made subject to the matters set forth on Exhibit "B" attached hereto
and incorporated herein fot• all purposes (the "Permitted Exceptions").
6. Grantee, and Grantee's successors and assigns, shall not permit any claim, lien, a• other
encumbrance arising from any activity by or on behalf of Grantee, and Grantee's successors
and assigns, or from Grantee's, and Grantee's successors and assigns, use of the Easement to
accrue against or attach to the Easement Area.
2
sawsrareel: rtt•oss
Protect: SAWS Regional Carries Project
Water Dellveiy Pipeline
The easements, rights, and privileges granted hereby shall be for the benefit of and be
restricted solely to the parties hereto, and their successors and assigns, as now or hereafter
owning or leasing all or any portion of the Easement Area, provided, however, the foregoing
shall not be deemed to limit or restrict Grantee's ability to retain and utilize contractors and
subcontractors to perform work in the Easement Area. No easements, except those expressly
set forth herein, shall be implied by this agreement.
8, If either party brings or commences any legal action or proceeding to enforce any of the
terms of this Easement Agreement (or for damages by reason of an alleged breach of this
Easement Agreement), the ptevailitrg party in such action shall be entitled to the recovery of
all costs and expenses of litigation, including, without limitation, reasonable attorneys' fees,
court costs, and costs of appeal.
9. Any notice required or• permitted to be given under this Easement Agreement shall be in
writing and addressed to the patty being notified at the addresses given below and shall be
deemed to have been given upon (1) deposit in the United States Mail, Certified Mail, Return
Receipt Requested, postage prepaid, or (2) deposit with a nationally recognized overnight
delivery service:
If to Grantor: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: John C. Kesel, City Manager
With a copy to: Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
Attention: Katherine A. Tapley
If to Grantee: San Antonio Water System
2800 US 281 North, 2"d Floor, Tower I, Suite 226
San Antonio, Texas 78212
Attention: Manager, Corporate Real Estate
With a copy to: San Antonio Water System
2800 US 281 North, 6°i Floor, Tower I
San Antonio, Texas 78212
Attention: Mark Brewton, Corporate Counsel
Uporr at least ten (l0) days prior written notice, each party shall have the right to change its
address to any other address within the United States of America.
10. This agreement shall be governed and construed in accordance with the laws of the State of
Texas. The parties agree that venue shall be proper in Guadalupe County, Texas.
SAWS Parcek Pll-085
Project: SAWS Regional Cnrrizo Project
Water Delivery Pipeline
11. This Easement Agreement is intended to comply with and be petfornted in accordance with
(and only to the extent permitted by) all applicable laws, statutes, ordinances,.rt]les, and
regulations. If any term or provision of this agreement, or the application thereof to any
person or circumstance, is hereafter held to be invalid or unenforceable for any reason or to
any extent, the remainder of this agreement, or the application of such tetrn or provision to
persons and circumstances other than fhose as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of this agreement shall be valid
and enforced to the fullest extent not prohibited bylaw.
12. This agreement may not be modified except in writing signed by the parties hereto.
13. This Easement may be executed in one or mote counterparts, each of which shall be deemed
an original, but all of which shall constitute one attd the same instrument.
TO HAVE AND TO HOLD the above described easements and rights unto the said G]'antee, its
successors and assigns, until the use of said easements shall be abandoned,
And Grantor does hereby bind itself, its legal representatives, successors and/or assigns to
warrant and fot•ever defend all and singular the above described easements and rights unto the
said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject,
however, to the matters set forth herein.
EXECUTED to be effective as of the day of , 2012 (the
"Effective Date").
[Signatures on the following pages J
SIGNATURE PAGE TO
PERMANENT EASEMENT -WATER
EXECUTED as of the date of the acknowledgemetlt to be effective, however, as of the
Effective Date.
GRANTOR:
CITY OI+ SCHERTZ, TEXAS,
a Texas municipal corporation
sy: - - 't
Jo m C. Kessel
City Manager
STATE OF TEXAS
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on this day of ' V~LI , 2012,
by John C. Kessel, City Manager of the City of Schettz, Texas, a Texas municip corporation.
(SEAL)
aaaaaaaaaaa~,aT~,aaaaaaaaaaay v otary Pub11C in ahd for t
~ .µ" "~ SARAH E. GONZALFl
*®* Notary Public y Printed Name of Notary: C
e ~ Stato of Texas y My Commission Expires:
~ ~'~~ Comm. Exp. 10-31.2012 y
tia~c~,~c~e~:~c~e~cti;sv.ti~c~ee cee~e~e~c~c~c~c~
S-1
SIGNATURE PAGE TO
PERMANENT EASEMENT -WATER
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date•
GRANTEE:
San Antonio Water System,
a municipal agency
By:
THE STATE OF TEXAS
COUNTY OF BEXAR
Michael S. Brinkmann
Vice President/Operations Services
This instrument was acknowledged before me on the _ day of , 2012 by
Michael S. Bt•inkmann, as the Vice President /Operations Se~viees of the San Antonio Water
System, a municipal agency, on behalf of said agency.
(SEAL)
List of Exhibits:
Exhibit A The Easement Area
Exhibit B The Permitted Exceptions
Notary Public in and for the State of Texas
Printed Name of Notary:
My Commission Expires:
S-2
Exhibit "A"
The);asemenf Area
See «tt«ched survey plat and held Motes
Exhibit °A", Page ]
SAWS Parcel; Pl 1-085 Owner: Centex I3omes
Project Name: San eAntonio Water System
Regional Can~izo Project (RCP): Water Delivery Pipelhre
SAWS lob No: 10-8607
Pago 1 of 4
EXHIBIT "A"
FIELD NOTES
fora 0.914 of an Acre (39,811 SQ. FT.)
Permanent Water L1ne Easement
BEING A 0.9]4 OF AN ACRE (39,81] SQ. FT.) TRACT OF LAND, MORE
OR LESS, OUT OF THE T. HERRERA SURVEY N0.68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF LOT 50,
BLOCK 12, KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GIADALUPE COUNTX, TEXAS; SAID LOT 50,
BLOCK 12 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTY DEED DATED OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDED IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.914 OFAN ACRE
(39,811 SQ. FT.) TRACT AS SHOWN ONTHEACCOMPANYINGPARCEL
PLAT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a chiseled "X" in concrete on the north right-of--way line of
Savannah Drive, a 60-foot wide right-of--way, and the south line of said Lot S0,
Block ] 2, for the southeast corner of the herein described tract;
(1) Thence S. 59°20' 07" W., with the north right-of--way line of Savannah Drive and
the south line of said Lot 50, Block 12, a distance of 50.01 feet to a set %" h on rod
with a yellow plastic cap stamped "B.M.B. INC., EASEMENT", for the southwest
corner of the herein described tract;
Thence Northwesterly, across said Lot 50, Block 12, the following two courses
numbered (2) and (3):
(2) N. 31°37'27" W., a distance of 477.00 feet to a set %" iron rod with a yellow
plastic cap stamped "B.M.B. INC., BASBMENT", fm• an angle point;
(3) N. 69°04'09" W., a distance of 322,01 feet to a set %:' hon rod with a yellow
plastic cap stamped "B.M.B. 1NC., EASEMENT" on the north line ofsaid Lot 50,
Block 12 and the south line of a 1.192 acre fact described in a Deed of Dedication
dated April 6, 2009 to the City of Schertz, recorded in Volume 2742, Page 269,
Official Public Records ofGuadalupe County, Texas, for• the northwest cornerofthe
herein described tract;
SAWS Parcel: P11-085 Owner: Centex Homes
Project Narue: San Antonio Water System
Regional Carrizo Project (RCP): Water Delivery Pipeline
SAWS Job No: 10-8607
Page 2 of 4
(4) Thence N. 59°47' 18" E, with the north ]hte of said Lot 50, Block 12 and the
south line ofsaid 1.192 acre tract, a distance of 64.21 feet to a set %"iron rod with a
yellow plastic cap stamped "D.M.D.1NC., EASEMENT", fnrthenortheast cornerof
the herehi described tract, from said pohtt, a found %2' iron rod at the northeast
corner ofsaid [,ot 50, Block l2, bears N. 59°4T 18" E„ 391.12 feel;
Thence Southeasterly, across said Lot S0, Dlock 12, the followutg two courses
numbered (5) and (6):
(S) S. 69°04'09" E., a distance of 298.67 feet to a set %:" iron rod with a yellow
plastic cap stannped "B.TvT.B. INC., EASEMENT", for an angle point;
(6) S. 31 °3727" E., a distance of494.78 feet to the POINT Or BEGINNING and
containing 0.914 of an acre (39,R 11 Square Feet) of land, more or less.
Bearings based on NAD 83(93), Texas South Central Zone, Surface Coordinates, Scale
I+actor 1.00017.
All distances are surface.
A plat of even date herewith accompunirs this metes and bounds description.
TH>; STATG OF TEXAS
COUNTY Or B>;XAR
KNOW ALL MEN BY THE5E PRESENTS:
That I, Gregorio Lopez, Jr., a Registered Professional Land 5ntveyor, do hereby certifythat
the above description is true and correct to the best of my knowledge and belief and that the
piopeity described herein was determined by a survey tnade on the ground under my direction and
supervision.
WITNESS MY HAND AND SEAL at San Antonio, Bexar County, Texas, this 29°i day
of July, 201 I, A.D.
Bain Medina Bant, Inc.
7073 Sant Pedro Ave.
San Antonio, Texas 7821 C
210-494-7223
w[jw . .+. w~wmvuu~~.m~u .~ui vcyv~
No. 5272 - State of Texas
vu.lae
gswun mw lu vsoun
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SIT
3CHERTZ
REFERENCES:
WITH S011T NOTE SOL0.Y~ gEL11NC O~N,NC TNOIIE
LOYGRMFM NSTED BELOW.
TREE COMMRMFNf: TREE RESOURCES CUARAMY
GONPMIY O.F.~M1o1y07032-02
FYGtn ES°AE AIANEHS ~AFCiECTINC THE AREA OF
5 6)ECT FASFIACNT IOENRFlED IN SCHCOIIE D
OF THE TITLE COMMNYFNT.
ALL TERNS PRONSIONS COVENANTS,
AGREEENYEMS, WGINS, DEDICATIANS, Fk917AENT5,
BUILDING SETBACK LINES, RESTPoCTKINS AND
CONORIONS AS SET OUi IN THE SUBd'ABION
PUT RECORDED IN 7, Po5.228-230,
P.R,O,C.T. DO AFFECT INIS PARC0..
VNdABIE N1D1H UTTIIUIY EASEYFM ALONG NIE
NORIHWESTEflLY PROPERN UNE CTLWTED TO
GVATMLUPE VALLEY ELECTPoC COOP., REC1gRDED
nIE ° acoD2llDeo.e sB11B°DIVSwNC'Tvu , ~pp0HH5' DASN
SHOAN HEREON, DOER AFFECT THIS PAIICEI,
IB' WIDE SANRAPY SEWER UNE. FASEMEENf AS
SHOM1 OH 1HE PUT OF (AROUNA CROSSING
SU 5 UHR 2 RE~RDED IN VOLE
P 367 '3878 k 384 AND AS 9110WN Ott
7H T OF KENSINO ON RANCH ESTATES
SV ION UNR 7 P.U D., RECORDED Rd YOL.7
PGS228-2f0 P.R.O.C.T AND AS SHONA
IIFTIEON, DOES AFFECT 7NI5 PARCEL.
2b' WpE SEWER UNE EASEMIM 6RANTW TO
CIDOLO CREEK YUwCIPAI. AUIHORRY, RECORDED
W VO1.842 PG.156 D.R.G.D.T.. A5 SNOVM ON ~
THE flECORSEO SUBGMSION PUT PND AS SHOWN
HEREON, DOES AFFECT TNIB PMCEL
ro'~u a~ svKK
wnwxr w,w
(VU46[ UYYµ1
R~~~N~
~~
~~.
SCJ1L• I' a 100'
b
Qp~~ \
~ ~~° -
Sowe ParcaC P11-OBb Owner: CENIETL HONES
ProJ4ct Nome: Son Anlonly Walar System
Reglonol CarHZO Pro)ocl (RCP):.Walar DalNary Plpellne
SAWS Job No.: 10-8807
~~
.'~
/ \ ~~
\\\
CAAOUNA CROSSING SUBDMSION
uwr 7
YOL,e, PC.219, P.fl,O.C.T.
O \ f(Z"'Y
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IW 1TAR
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~~ 191.7, ATS728-2J0
'YL G'Q P.RGG i.
• FWND i/2' IRON fl00
® S 12 I NRO Rq1
flA5116 OW S
Y.B. INC. FASEIAEM
X CHISELER '%' IN CONCgETE
• WASTEWATFA MANHOLE
s POWER POLE
+ SIGN
-.W--- WATER UNE
-UI- UNOFAGROUNO TELEPHONE
SS- SEWQ7 UNE
-GL- OAS UNE
-OHE- OYERHFAD ELECTPoC
-%- &ABEO WIgE FFNCf
--~0- CNNN-UNK FENCE
---- E%ISBNO R.O.W
~~ PROPOSED PARCEL
-TL- PROPERTY UNE
r.RO.c.T. u~
iY, te%A9
D.R.C.C,T. F
GUAIMLUPE COUNTY, 77
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U
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EF CIUDM.UPEI CWNtt, TL%AS
,~
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Jy, \ VOL2220~C.b02
CEMEX HOPES ~'~~ ~ O.P,R.O.C.T. ~~~
YOL2220, PC.602 4~L_` !' IpT 50, BLOCK 12
THIS ENTIRE PARCEL. Uf:S WITHIN THE 100-YEAR
FlA00PWN AS SHOWN ON THE RE
R O.P.R.QC.T.
>, .~
Cy ~
COMMON OPEN SPACE
CO
DED
SUBOMSgN PUT
ACWRpNG 70 FEMA
AN
LOT b0
BLOCK 12 l
~
j 9 ~1 VNtUBLE WIDTH
P
0.
T ,
C
M ,
,
7\ C, DPNNAOE FASEYFM
/T1K126B0018D pATED JULY 17, 1995. O
MON OPEN SPPDE
VARNOLE YAD7H `
~
~?~ riii1777L 7(0 KENSINGTON MNCH ESTATES
SU
I
M
YPAVBIE WID1H LANDSCAPE EASEMENT AS $NOW'N
ORNNACE CASENEM 7
.JG
.~ y,
_7f
, BD
S
ON UNR I P.U.D.
YOL7
POS.228-230
P.R.C.C.i
ON THE xECOR0E0 SUEIOMSION PUT, DDS NOf
ATFECT THIS PARCEL
KENSNGTON RANCN ESTATES
7s ~
'j
~, ,
,
.
SUBOMSION UNIT 1 P.V.D.
pVNMIABLE WIDTH DRNNACE FASENDIi AS SNOWN WL7, POS.228-230, P.R.C.C.T. 'Cb. f)~
AFFECTT iHISEPMCEL SUBDMSR)N PUT, DDES f~~v ~~~'
sr~H \,
~T(193) TE7US STATE. PUKE COOROIHATES SOUNI 7' '.Jp;l:n~ $ I );ACT' N0. 1 ~3 m~
A 0,914 OF AN ACRE 39,811 50. Ff.) 1RACf OF
lESS, OUT OF THE T. H RRERA SURVEY N0. 81A N3
GUADALVPE COUNTY, TEAS. AL50 BEING OUf OF LO
KENSINGTON ItANCFI ESTATES SUBDMSION, UNR
SUBOMSION RECORD[[0 IN VOLUME 7, PPGES
RECORDS OF CUAOALUPE COUNTY, lE%AS, SAq LO7
BEING OU( OF A 77,585 ACRE 7FAGT DESCPoBEL
N'A77PANIY DEED DATED OCTOBER 3, 2005 TO
REGORGED IN VOLUME 2220, PAGE 502, OFFlCIAL PUf
CUAI)ALUPE CWNIY, 7pfA5.
OR
S~ryV ``~'
53, 3 ~4
1A ~4 I~,a ~`' Q,-O~A'M1'
`V e o
PREPARED BY:
GAIN MEOINA GAIN, LNG.
ENGINEERS & SURVEI'ORS
7073 Son Padro Ave.
8 San Antonb, Toxce 78216
210/494-7223
7tSF REO Nv. 100208-00
LOT 41, BLOCK 14
OPEN SPACE
COMMON AR
\ \\i
1 ~ I
POINT OF
BEGINNING
9TAIE OF TERNS I
COUNTY OF BE%M
THIS SURYEI' PUT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON INE
GROUND UNDER LTI' SUPENVISgN.
~_ DAY OF -~UfrY_, 20JL A.D.
~r,cl low ~Irve~r V
of Ta%oa ~IOB
vn.mf
RA,P(n twu u< asaart
now u Px rw
INAn w n)
SIT
SCHERTZ
q 6D. I~.
SGIE 1' = 100'
CRY OF SCFEHR ~ (A"
1.192 A(RES
VIX.2R2 P0.289, 0.P.RO.C.T. .r( f~i,P.) _aSP0/~
Sows Parcel: PI1-0&5 Owner. CENfIX HONES
Protect Noma: San Mlonlo Wolar Syelam
Regional Corrizo ProJocl (RCP): Walar DeIN4ry Plpellno
SAWS Job No.: 10-8807
AxnIDNY w. EucFrao
RFAWNDER OF 23.811 ACRES /~/
VOL,2142, PO,6B0, O.P,R.v.C.T.
/ PIX
ss~ / ~ /
I~~Wt+~ii+ p9~4~ _
;E ~~E~M~~,D ~ ~~
inA"'~276b \ ~~~
IECEND
• FOUND 1/2'IROH ROD
® Er / 2' IRON ~ 4yJ}i
P
I
AS'I
~0
e.us.
w
a
IASFIAF?R
• WASTEWATER IMNNOLE
+ PowER PqE
sH:x i
~
-w- WATER UNE
~
--Vf- UN9EflGR0UN0 TELEPNONE
-^as-- SEWER LINE
-olr CAS UNE
-a1E- Wf71HFAD ElEC1RK:
-%- BARBED NiRE FENCE
-0- CHAW UNN fENCE
---- E7OSIINO R.O.W
~~ PROPOSED PARCEL
----R- PROPERtt UNE
P,fl.0.0.T. ~R~~, ~5
D,ROC.7, GUdDN
~~ TExAS
O.P.R.O.C.T. .
~F{7
OF CLL4DALUPE OOOUIRY, Tp(AS
R~~/ ~~~~
rTCL~jCEMIX HOMES \\
~1^'3~'Co Y04.2220, PG.602 \ 'a~
\ / // LO7 80, BLOCK 12 \\~
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/vMIABLE WIDTH DRAWAGE FlSFAIENT
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BEARING SOURCE \
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CEMRAI ZONE, SCALE FACTOR 1.00017
S RVEY P AT HOWIN /
A 0.914 OF AN ACRE (39,811 50. FT.) TWICE OF LAND NODE OR
LESS, OUt OF THE T. HFARERA SURVEY ND. 88, ABSiRAC~ N0. 183,
CUM4LUPE COUNTY, T(7(AS, ALSO DUNG OUT OF LO7 60, BLOCK 12
KENSINGTON RANCH ESTATES SUBOMSION, UNH 1 P.U.O., A SUBDH4510t)
RECORDED W VOIUNE 7, PAGES 228-230, PUT flECORDS OF
GUADALUPE CWNIY, TE%AA SAD LOT b0, BLOCK 12 BBNO OUT OF A
77.583 ACRE TRACT DESCRIBED W A SPECIAL WMIUNTY DIFA GATED
OCTOBER 3, 2005 TO CURDC HONES, RECORDED W VOLUNE 2220,
PAGE 602, Off1ClAL PUBLIC RECORDS OF OUADALUPE COUNTY, TENAS.
PREPARED BY:
BAIN MEDINA GAIN, INC.
ENGINEERS & SURVEYORS
7073 San Pedro Ave.
San Mlanio, Taxaa 78218
210/484-7223
7LSF REO No. 100209-00
PAGE 4 OF 4
LOT 41, BLCCK 14
OPEN SPACE/CONNON MFA
curouwl cROSSTx0
SUBOMSION, LINO 7
VOLE, P6.219, P.R.v.C.T.
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JOB em.; s-63ae
Exnibit'B"
The Permitted Exceptions
Pl1-085
1. Restrictive covenants. recorded in Volume 2406, Page 223, Official Public Records of
Guadalupe County, Texas and all terms, provisions, covenants, agreements, rights,
dedications, easements, building setback lines, restrictions and conditions as set out in the
subdivision plat recorded in Volume 7, Pages 228-230, Plat Records of Guadalupe
County, Texas.
2. Electric, gas, telephone and cable TV easement, variable width, a]ong the northwesterly
property line as shown on the recorded plat, and as set forth in instrument recorded in
Volume 2262, Page 868 of the Official Public Records of Guadalupe County, Texas.
3. 16 feet wide sanitary sewer easement, over and across subject property, as shown on plat
of Carolina Crossing Subdivision, Unit 2, recorded in Volumo 5, Page 367A-368A, Plat
Records of Guadalupe County, Texas, and as shown on the recorded plat recorded in
Volume 7, Pages 228-230, Plat Records of Guadalupe County, Texas.
4. 25 feet wide sanitary sewer easement over and across subject property granted to Cibolo
Creek Municipal Authority as provided by instrument recorded in Volume 642, Page 456,
Guadalupe County Deed Records, as shown on the recorded subdivision plat.
5. Variable width drainage easement over and across subject property as shown on the
recorded subdivision plat.
Bxhibit "B" Pega 1
SAWS Parcel: PI1.085T
Protect: SAWS Rcglonnl Cnrriw Protect
Wnler Delivery Pipeline
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION EASEMENT -WATER
STATE OF TEXAS §
§ KNOW ALL MEN BY THESF. PRESENTS
COUNTY OF GUADALUPE §
THAT, CITY OF SCHERTZ, 'TEXAS, a Texas Municipal Corporation, hereinafter referred to
as "Grantor", for attd in consideration in the amount of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Gtantor
in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, Bexar
County, Texas, has given, granted, sold, conveyed, and dedicated, and by these presents, does
give, grant, sell, convey, and dedicate unto the CITY OF SAN ANTONIO, a Texas Municipal
Corporation herein referred to as "Grantee" for the use, benefit and control of the said SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES as such and their successors in
office appointed by the City Council of the said City of San Antonio as provided in Ordinance
No. 75686, adopted at a regular meetiztg o£ said council, Apri130, 1992, and subject to the terms
and provisions of said ordinance, an easement (the "Temporary Construction Easement") over,
across and upon the following described lands:
BEING A 0.906 OF AN ACRE (39,464 SQ. FT.) TRACT OF LAND, MORE
OR LESS, OUT OF THE'T. HERI2ERA SURVEY NO. 68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF LOT 50,
BLOCK 12, KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D., A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID LOT 50,
BLOCK 12 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTY DEED DATED OCTOBER 3, 2005 1'O CENTEX
HOMES, RECORDED BV VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COiINTY, TEXAS; SAID 0.906 OF AN
ACRE (39,464 SQ. FT.) TRACT A5 SHOWN ON THE ACCOMPANYING
PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED AND/OR
DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF (THE f`TEMPORARY CONSTRUCTION EASEMENT
AREA");
fot• any and all things necessary for the construction, storage and staging of materials and/or
equipment for installation of water lines, facilities and apputtettances thereto„ In furthet•
consideration of this grant, said GRANTEE expressly agrees that it will remove from said land
all surplus material and will cause the Temporary Construction Easement Area to be left as
SAWS Parcel: P11-0BST
Project: SAWS Regional Cerrizo Project
Water Delivery Pipeline
nearly as possible in its condition as it existed on the Effective Date (as hereinafter defined) prior
to the construction of said improvements.
The Temporary Construction Easement herein granted is subject to the following terms,
agreements, reservations, conditions, covenants, limitations, and exceptions:
1. Grantee shall comply with the City of Schertz Tree Ordinance in effect as of the date hereof
and the tree plan for the project approved by the Grantor.
2. The Temporary Construction Easement herein granted shall run with the land and be binding
upon and inure to the benefit of the Grantor and the Grantee, and their respective successors,
assigns, and legal representatives, and shall be binding upon all parties having or• acquiring
any right, title, or interest in the Temporary Conshruction Easement Area or any portion
thereof. Notwithstanding the foregoing, the Temporary Construction Easement shall
terminate upon the earlier to occur of (a) completion of construction of the aforesaid
improvements; (b) the execution and recordation in the Official Public Records of Guadahtpe
County, Texas, of an instrument by which the Cnantee, or its successors or assigns, as
applicable, abandons and releases the Temporary Construction Easement; or (c) December
31, 2014.
3. The Temporary Construction Easement is fut1her made subject to the matters set fottlr on
Exhibit "B" attached hereto and incorporated herein for all purposes (the "Permitted
Exceptions").
4. Grantee, and Grantee's successors and assigns, shall not permit any claim, lien, ot• other
encumbrance arising from any activity by or on behalf of Cnantee, and Grantee's successors
and assigns, or from Grantee's, and Grantee's successors and assigns, use of the Temporary
Construction Easement to accrue against or attach to the Temporary Construction Easement
Area.
The easements, rights, and privileges granted hereby shall be for the benefit of and be
restricted solely to the parties hereto, and their successors and assigns, as now or hereafter
owning or leasing all or any portion of the Temporary Construction Easement Area,
provided, however, the foregoing shall not be deemed to limit or restrict Grantee's ability to
retain and utilize contractors and subcontractors to perform work in the Easement Area• No
easements, except those expressly set forth herein, shall be implied by this agreement.
6. if either party brings or conunences any legal action or proceeding to enforce any of the
terms of this Temporary Construction Easement Agreement (or for damages by reason of an
alleged breach of this Temporary Construction Easement Agreement), the prevailing party in
such action shall be entitled to the recovery of all costs and expenses of litigation, including,
without limitation, reasonable attorneys' fees, court costs, and costs of appeal,
7. Any notice required or permitted to be given under this Temporary Construction Easement
Agreement shall be in writing and addressed to the party being notified at the addresses given
below acrd shall be deemed to have been given upon (1) deposit in the United States Mail,
Certified Mail, Return Receipt Requested, postage prepaid, or (2) deposit with a nationally
recognized overnight delivery service:
-2-
SAWS Pnrccl: PII-085T
Prajecl: SAWS Regional Cnrrizo ProJcct
Water Delivory Pipeline
If to Grantor: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: John C. Kassel, City Managet•
With a copy to: Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
Attention; Katherine A. Tapley
If to Cnantee: San Antonio Water System
2800 US 281 North, 2"e Floor, Tower I, Suite 226
San Antonio, Texas 78212
Attention; Manager, Corporate Real Estate
With a copy to: San Antonio Water System
2800 US 281 North, 6'I' Floor, Tower I
San Antonio, Texas 78212
Attention; Mack Brewton, Corporate Counsel
Upon at least ten (]0) days prior written notice, each party shall have the right to change its
address to any other address within the United Statos of America.
8. This agreement shall be governed and construed in accordance with the laws of the State of
Texas. The parties agree that venue shall be proper itt Guadalupe County, Texas.
9. This Temporary Construction Easement Agreement is intended to comply with and be
performed in accordance with (and only to the extent permitted by) all applicable laws,
statutes, ordinances, rules, and regulations. If any term or provision o£this agreement, or the
application thereof to any person or circmnstance, is hereafter held to be invalid or
unenforceable for any reason or to any extent, the remainder of this agreement, or the
application of such term or provision to persons and circumstances other than those as to
which it is held invalid or• unenforceable, shall not be affected thereby, and each terra and
provision of this agreement shall be valid acrd enforced to the fullest extent not prohibited by
law.
10. This agreement may not be modified except in writing signed by the parties hereto,
] 1. Tltis Temporary Construction Easement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
TO HAVE AND TO HOLD the above described easement and rights unto the said Grantee, its
successors artd assigns, until such easement shall terminate in accordance with the terms of this
Temporary Construction Easement Agreement.
-3-
SAWS Parcel: Pl1-0857'
Projeel: SAWS aegional Canizo Projccl
Weser Delivery Pipcllnc
And Grantor does hereby bind itself, its legal representatives, successors and/or assigus to
wazrant and forever defend all and singular the above described easement and rights unto the
said Gxantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, thtough, or under Grantor, but not otherwise, subject,
however, to the matters set forth herein.
EXECUTED to be effective as of the day of , 2012 (the
"Effective Date").
[Signatures on the following pages]
-4-
SIGNATURE PAGE TO
TEMPORARY CONSTRUCTION Y';ASEMENT AGREEMENT
EXECUTER as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTOR:
CITX OF SCHERTZ, TEXAS,
a Texas municipal corporation
sy: ~l '~`l~ ~
John C, Kessel
City Manager
STATE OF TEXAS
COUNTY OF GUADALUPE §
This instta9ment was acknowledged before me on this I lX~day of , 2012,
by John C. Kessel, City Manager of the City of Scl9ertz, Texas, a Texas m9mtct corporation.
(SEAL)
~•
~aaaaaaaaaaaaaaaaaaaaaaaaaa Notary Public in and for t
~ ~„u~' SARAH E. GONZALEZ ~ Printod Name of Notary. ~
*'~~`'~ Notary Public y My Commission Expires:
.c ,~ Sta?e of Texas
~ '~~~ Cemm. Exp.90-31-2012 y
w~titi~e~~c~c~EC;~.vv~ r,~rv~e~e~e~c~~ti~
S-1
SIGNATURE PAGE TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
EXECUTED as of the date of the acknowledgement to be effective, however, as of the
Effective Date.
GRANTEE:
San Antonlo Water System,
a municipal agency
By:
Michael S. Brinkmann
Vice President / Operations Services
THE STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the _ day of , 2012 by
Michael S• Briiilcmann, as the Vice President /Operations Services of the San Antonio Water
System, a municipal agency, on behalf of said agency.
(SEAL)
Notary Public in and for the State of Texas
Printed Name of Notary:
My Commission Expires:
List of Exhibits:
Exhibit A The Temporary Construction Easement Area
Exhibit B The Permitted Exceptions
S-2
Exhibit "A"
The Tempm•ary Construction Easement Area
See a[[acher/survey olat and f[e[d cotes
Exhibit "A", Page 1
SAWS Parcel: Pl1-085T Owner: Centex Homes
Project Name: San Antonio Water System
Regional Carrizo Project (RCP): Water Delivery Pipelute
SAWS Job No: 10-8607
Page 1 of 5
EXHIBIT "A„
FIELD NOTES
fora 0.906 of an Acre (39,464 SQ. FT.)
Temporary Construction Easement
BEING A 0.906 OF AN ACRE (39,464 SQ. FT.) TRACT OF LAND, MORE
OR LESS, OUT OF THE T. HERRERA SURVEY NO. 68, ABSTRACT NO.
153, GUADALUPE COUNTX, TEXAS, ALSO BEING OUT OF LOT 50,
BLOCK 12, KENSBVGTON RANCH ESTATES SUBDIVISION, UNIT 1
P.U.D„ A SUBDIVISION RECORDED IN VOLUME 7, PAGES 228-230,
PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID LOT 50,
BLOCK 12 BEING OUT OF A 77.565 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTY DEED DATED OCTOBER 3, 2005 TO CENTEX
HOMES, RECORDER IN VOLUME 2220, PAGE 502, OFFICIAL PUBLIC
RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.906 OF AN ACRE
(39,464 5Q. FT,) TRACT AS SHOWN ON THE ACCOMPANYING PARCEL
PLAT, BEING MORE PARTICULARLX DESCRIBED AS FOLLOWS:
BEGINNING nt aset %: 'iron rod with a yellow plastic cap stamped "B.M.B. INC.,
EASEMENT", on the north right-of--way line of Savannah Drive, a 60-foot wide
right-of--way, at the southeast comer ofsaid Lot 50, Block 12 and the southwest
corner of Lot 41, Block 14, Carolina Crossing Subdivision Uuit 7, a subdivision
recorded in Volume 6, Page 219, Plat Rewrds of Guadalupe County, Texas, for the
southeast corner of the herein described tract;
(1) Thence S. 59°20'07" W., with the north right-of--way lute ofSevattna{t Drive and
the south lino of said Lot 50, Block 12, a distance of 50.00 feet to aset %x"iron rod
-with a yellow plastic cap stamped `B.M.B. INC., EASEMENT", for a comer ofthe
hereht described tract;
Thence, across said Lot S0, Block 12, the following three courses numbered (2)
tluough (4):
(2) N. 30°34'40" W, a distance of 28.89 feet to a set %" iron rod with a yellow
plastic cap stamped `B.M,B. INC., EASEMENT", for an angle point;
(3) N. 62°17'41" W., a distance of 228.99 feet to a set %" iron rod with a yellow
plastic cap stamped "B.M.B, INC., EASEMENT", for an interior corner of the
hereur described tract;
(4) S. 31°37'27" E•, a distance of 223.89 feet to a point on the north right-of--way
line ofSavannalt Drive and the south line ofsaid Lot 50, Block 12, for a corner of
the herein described tract;
SAWS Parcel: P11-085T Owner: Cetttex Homes
Project Name: Sa,~ A,ttonio Water System
Regional Ca~rizo Project (RCP); Water Delivery Pipeline
SAWS Job No: 10-8607
Page 2 of 5
(5) Thence S. 59°20'07" W., with the north right-of--way line of Sevamtah Drive a~td
the south Ibte ofsaid Lot 50, Block 12, a distance of 30.00 feet to a chiseled "X" in
concrete for the southwest corner of the herein described tract;
Thence Northwesterly, across said Lot 50, Block 12, the following two courses
numbered (6) and (7):
(G) N. 31°37'27" W., a distance of494.78 feet to a set %a" iron rod with a yellow
plastic cap stamped "II.M,B. INC., EASEMENT", for an angle pohrt;
(7) N. 69°04'09" W., a distance of 298.67 feet to a set h" iron rod with a yellow
plastic cap stamped "B.M.H. INC., EASEMENT", on the north line ofsaid Lot 50,
Block 12 a~td the south line of a 1,192 acre tract described in a Deed ofDedlcation
dated April 6; 2009 to the City of Scltertz, recorded in Volume 2742, Page 269,
Official Public Records of Guadalupe County, Texas, for the northwest cornerofthe
herein described tract;
(8) Thence N. 59°4T t 8" E., with the north line ofsaid Lot 50, Block 12 acid the
south line of said 1.192 acre tract, a distance of 38.53 feet to a point for the
northeast corner ofthe herein described tract, fiotn said point, afound %Z"iron rod at
the northeast corner of said Lot 50, Block 12, bears N. 59°47' 18" E„ 352.59 feet;
Thence Southeasterly, across said Lat 50, Block 12, the following three courses
numbered (9) through (11):
(9) S. 69°04'09" B., a distance of284.67 feet to a point;
(]0) S. 31°37'27" E., a dista~tce of 183.54 feet to a set %x" iron rod with a yellow
plastic cap stamped "B.M,B. INC., EASBMBNT", for an angle point;
(11) S. 62°17'41" E., a distance of 327.50 feet to a set %i' iron rod with a yellow
plastic cap stamped "B.M.B. INC., EASEMENT", on the east line ofsaid Lot 50,
Block 12 and the west line ofsaid Lot 41, Block 14, for an angle point;
Thence Southeasterly, with the east line ofsaid Lot 50, Block 12 and the west line of
said Lot 41, Block 14, the following two courses numbered (12) a,~d (13):
(12) S. 30°35'14" E., a distance of 35.12 feet to a set %' iron rod with a yellow
plastic cap stamped "B.M.B, INC., EASEMBNT", for an angle point;
(13) S. 30°32'10" E., a distance of7.90 feet to the POINT OF BEGINNING attd
containing 0.906 of err acre (39,464 Square 1?eet) of land, more or less.
SAWS Pnceel: 1'I1-S185'I° Ownoi~;~.onkekT4'aines
J'1'.t~;~GCf Nnitivt ~`EA1 flnCvfjt~l ~(Ij>31'~`yi3t611,
Itu~f~h:Al ~arr1~ rro jsct (l~G!'~: VV~~t' X?eli~at~y ~1js.~lUte
~r.~gtri3~ ass
Boeringa lyased on NAD 83(93), 'pexas South .Contra) 7Gne; Surt'acc (>borel9natos; Saale
Factor 1.00017.
F%Il dl~tateva ai'a siirfao.~;.
A ptat ti~evtin clt;te ltat~ewith,uv~tin5pdnk this'tar3ees niia 1to0titia des~l~i~tf3ti~
KNOW A1aL MAN 13Y Tl-il~;;~-p);ES):NTSi
COUNTI' bC.B1G7C4rlt <§'
'I'6ttf X, Sir9gSir-p I;tpa.7r JP., a I~egiNtoretl Pc4fo,5~lUttal LntiS~ S41t'vr~yar, its brit eby ooTti~fl~at
the nboue doscripjipn Is 1r1,e tend vgrreot; fo tha Best of~my kno~letlge find belief and ~tlrut Ella
property doserltred;herein was determined by asurvey made on the.ground under my,directton ancT.
supeGV,etoit,
'WITNESS IvIY HAtVi) AN')5 S1~AI,. nt`. sail AittoniD, 8exne fruulity, 't'exa3t tlTis 30i6 Tiny
ofNaveiflbat, 2011, H„1.7.
Bain rv1`e~iita Bain,'luo.
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San Aiitoiiib, Texas"78216
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COIANON OPFN SPACE
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LE55, OUf OF THE T. ENRERA SURVEY N0. 69, A95TPAOT N0. 153,
CVADALUPE COUNTY. IE)U,S, ALSD BEUIO OUf OF LOT 50, BLOCK 12
KENSINGTON PANCN ESTATES SUBOMSION. UNR 1 P.U,0., ,~
SUBOIVd10N RECORDED M VOLUME 7, PACES 728-230 PUT
RECOR0.9 OF GVAOALUPE COUNTY, TEKAS; SOD LOT 50, ALbCif 12
BEING DUT OF A 77.9BS ACRE TPACT OFSCTIIBED IN A 5PECW.
YIAfUW11Y GEED DATED OCTOBER 9, 2005 70 CENIEK HONES,
RECORO® IN WLUNE 2220, PACE 902, OFFICVJ. PUBLIC RECORDS Of
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Son Mbnlo, Texoa 7821a
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TLSF REG No. 100209-00
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LOT 41, BLOCK 14
OPEN sPADE/couxox AJ:FA
CAIKIUN.4 CROSSING
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YOLe, P0,219, P.R.O.C.i.
JOB NO.I 5-5348
Exhibit "B"
The Permitted Exceptions
Pl1-085T
1. Restrictive covenants recorded in Volume 2406, Page 223, Official Public Records of
Guadalupc County, Texas and all terms, provisions, covenants, agreements, rights,
dedications, easements, building setback lines, restrictions and conditions as set out in the
subdivision plat recorded in Volume 7, Pages 228-230, Plat Records of Guadalupe
County, Texas.
2. )electric, gas, telephone and cable TV easement, variable width, along the northwesterly
property line as shown on the recorded plat, and as set forth in instrument recorded in
Volume 2262, Page 868 of the Official Public Records of Guadalupe County, Texas.
3. 16 feet wide sanitary sewer easement, over and across subject property, as shown on plat
of Carolina Crossing Subdivision, Unit 2, recorded in Voltlnte 5, Page 367A-368A, Plat
Records of Guadalupe County, Texas, and as shown on the recorded plat recorded in
Volume 7, Pages 228-230, Plat Records of Guadalupe County, Texas.
4. 25 feet wide sanitary sewer easement over and across subject property granted to Cibolo
Creek Municipal Authority as provided by instrument recorded itt Volume G42, Page 456,
Guadalupe County Deed Records, as shown on the recgtded plat.
5. Vat•iable width drainage easement over and across subject property as shown on the
recorded subdivision plat.
Bxliibit °B", Page 1