12-R-69 - Partial Release Waterline Easement - Merrit Lakeside SubdivisionRESOLUTION NO. J.2-R-b9
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PARTIAL RELEASE OF
WATERLINE EASEMENT AGREEMENT IN CONNECTION WITH
APPROXIMATELY 27 SQUARE FEET OF A WATERLINE EASEMENT
LOCATED ON A PART OF LOT I, BLOCK 1, MERRITT LAKESIDE
SUBDIVISION IN GUADALUPE COUNTY, AS SHOWN ON THE PLAT
THEREOF IN VOLUME 7, PAGE G87 (FILE N UIVIBER 11-OO15a2} OF
THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into a partial. release of waterline easement agreement relating to approximately 27
square feet of a waterline easement located on a part of Lot i, Bloch 1, Merritt Lakeside
Subdivision in Guadalupe County, as shown on the plat thereof in Volume 7, Page 687 {File
Number 11-001502) of the Plat Records of Guadalupe County, Texas; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute the Partial Release of Waterline Easement attached hereto as Exhibit A (the
"Agreement"}.
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 Agreement in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby faund 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 i~ force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 7th day of August, 2012.
CITY RTZ, TEXAS
1
/ Ma or o- em
ATTEST:
City Secretary
{CITY SEAL)
50529135.1
EXI-IIBIT A
PARTIAL RELEASE QF WATERLINE EASEMENT
505291351 A-1
~~ YO13159 P~0840
After Recording, Please Return to:
Fulbright & Javc+orski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205 ~/ ~ ~~~,~~~
Attention: Katherine A. Tapley ~d'
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATiTRAh PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE iT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
PARTIAL RELEASE OF WATERLINE EASEMENT
This PARTIAL RELEASE OF WATERLINE EASEMENT is executed as of the date
of the acknowledgement by the City of Schertz, Texas, a Texas municipal corporation (the
"Releasor").
RECITALS
WHEREAS, in connection with the plat of the Merritt Lakeside Subdivision recorded in
Volume 7, Page 687 (File Number 11-001502) of the Plat Records of Guadalupe County, Texas
(the "Plat"}, Oryx Development, LLC (the "Prior Owner"), the prior owner of Lot 1, Black 1 of
Merritt Lakeside Subdivision as shown on the Plat (the "Pro er ") granted a 16' waterline
easement to the Releasor (the "Easement");
WHEREAS, DDC Ashton, Ltd. (the "Current Owner") is the current owner of the
Property;
WHEREAS, the Current Owner has requested that the Releasor release an
approximately twenty-seven (27) square foot portion of the Easement, as depicted and described
an Exhibit "A" attached hereto -and incorporated herein for all purposes (the "Released
Portion"); and
WHEREAS, the Releasor has determined that it is in the Releasor's best interest to
release the Released Portion.
NOW THEREFORE, for Ten and No/100 Dollars ($10.00} and other good and valuable
consideration, the adequacy and receipt of which is acknowledged, Releasor has
ABANDONED, RELEASED, QUITCLAIMED, and DISCHARGED and DOES
ABANDON, RELEASE, QUITCLAIM, and DISCHARGE the Released Portion.
~ Signature 'and ackrroyvledgment on the following page ]
50529139.1 Page 1
YD~ 3 15 9 P60 8 4 1
IN WITNESS WHEREOF, the undersigned has executed this Partial Release of Waterline
Easement to be effective as of the date of the acknowledgment.
RELEASOR:
CITY OF SCHERTZ, TEXAS
a Texas municipal corporation
By:
Jo C essel, iTy Manager
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was executed before m
Kessel, the City Manager of the City of Schertz,
of said City.
e on this~~""day of August 2012, by john C.
Texas, a Texas municipal corporation, on behalf
[ Seal ]
a`a~ua url ~. BRENpA LOUISl:1]ENNlS
NOTARY PUBLIC.
t
~''"any n ~~\ MY Com~fssloe Explr 9x1S03-2014
NOTARY PUBLIC, STATE OF TEXAS
50529139.1 S- I
ya~3159 P6o842
EXHIBIT A
DEPICTION AND LEGAL DESCRIPTION
OF THE RELEASED PORTION
CSee the following three pages
50529139.1 Exhibit A, Page 1
~a~3I59 ~s0843
L~~~~~ ____W_"__ SCALE_ T": 100'
• Calculated Pa nl SKETCH TO ACCOMPANY DESCRIPTION OF
O l4'tran Rod Found A PORTION OF A WATER L1NE EASEMENT TO BE: RELEASED,
~ yt- Iron Rod Found with plastic cap GOMPRI$Ep OF 27 SQUARE FEET OF LAND DYER AND ACROSS
fmprinlsd °SIA ENGR" A PORTION OF LOT t, BLOCK 1, MERRITT LAKESIDE SEJ9D1V1$IDN,
~ Cancrele Mpnumenl Faund A SUBD{VISION IN GUAQALUPE COUNFY, TExAS, ACGDRDiNG TO
(F2ecard Bearing and Dislancel THE MAP OR PLAT THEREOF RECORpteD ItV VOLUME 7, PAGE 6B7
OF THE PLAT RECORDS OF GUADALUPE CDUNTY,TEXA5.
LOCATED ON BDR4FEL0 ROAO.
sea accompanying description
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50529139.1 Exhibit A, Page 2
YO13~59 P60844
Legend
• Calcaloted Polnf
Q !~-trdn F~Od Found
~ }~- Iran Rod Found with plastic cap
Imprinted "SIA ENGR"
Q Concrete Monument Found
(Record BaorinQ and Dislancel
LOT 1
e~OGK 7
NUMBERED COURSES
1 S 60°09'33' W - 2.00'
2 N 29.50`28' W - 13.45'
3 N 60'09'33" E - 2.00'
4 S 29'50'28^ E - 13.45'
27 Squtire Feel
portion al easement
dE7AIL
SCALE: 1". 20'
'VO 'E
to be released
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Q/Y~- BEGINNINI3
REFERENCE POINT
PREPAFiEb: JULY 2L, 20i2
B Y.
Halt Gerson
Registered Prafessiona! Land Surveyor Na.5186
Ai3S"L 12AC'Z ~I"Q. 221
FAGI= 2 OF 2
HCLT CARSON, lNt~RPORATED
PROF1s~83tONAL LAND SURYEYOfi
1904 FQliT1~IBW ROAD
AU$T(N, TX 78704
r61sj 44~-agso
20'tZ Q C 852055
50529139.1 Exhibit A, Page 3
v0~3 1 5 9 g60 8~ 5
HOLT CARSON INCQRPO~iTE~]
PROFESSIQNAL LAND SURVEYORS
19041'ORTVIEW ROAD
AUS I'IN, TEXAS 787074
TELEPHONE: (512) 442-4994
FACSIMII,E: {512) 442-t4$4
July 24, 2012
DESCRfi''1'ION OFD d 1'aRTIO~i OF A WATER LINE CASEMENT TO BE RELEASED,
COMPRISED OF 27 SQUARE FEET OF LAND OVER AND ACROSS A PORTION OF LOT 1,
B1,OCK 1, MERRITT I,AICFSIpE SUBDIVISION, A SUBD[VlS1(ON IN GUADALUPE COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECOR>f3ED IN VOLUME 7, PAGE
bB7 tJF T1IE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS APTD BEING MORE
PAIZTICULARLY DESCRII3ED BY METES AND 80UNDS AS FOLLOWS:
S)ECINNING FOR REFERENCE at a concrete monument found at the most Southerly corner of Lot 1,
131oek 1, Memit Lakeside Subdivision, a subdivision in Guadalupe County, Texas, according to the map ar
plat thereof recorded in Volume 7, Page G87 of the Plat Records of Guadalupe County, Texas, same being ifte
Northwest corner of that certain (61.222 acre) tract of land as conveyed to Hcttry Y. Gutierrez and wife, Rose
R. Gutierrez by deed recorded in Volume 653, Page 801 of the Deed Records of Guadalupe County, Texas;
THENCE wish the Southeast line of Lot 1, Blaclc 1, Merritt Lakeside Subdivision, N 60 deg. # 1'OG° E 443.50
ft, to a calculated point, from which a'/" iron rod found at the mast Easterly corner of said Lot l bears, N b0
deg. i I'06" E 310.02 ft.;
THENCE entering the interior of Lot 1, Block ] ,Merritt Lakeside Subdivision, N 29 deg. ~i8'S4" S 52,20 ft.
to a calculated point at an angle corner ofthat certain 16 wide Waterline Easement as depicted on the plat of
Merritt Lakeside Subdivision and being the Southeast corner and Pi,AC>a OF BEGIi~#lVING ofthe herein
described portion of said easement io be released;
T1IL7NCE continuing through the interior of Lol 1,131ac#c 3, Merritt Lakeside Subdivision the following 1'aur (4)
courses:
I.) S b4 deg. 09'33" R' 2,00 ft. to a calculated point;
2.) N 24 deg. S4'Z8" ~ 13.45 ft. to a calculated paint;
3.) N 60 deg. 09'33" E 2.00 IL to a calculated point;
4.) S 29 deg. 50'2$" E 13.45 it, to the PLACE pI' B1JGIlVNfNG and containing 27 square feet of
land.
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PREPARED: duly 2•tth, 21112 kl~l'~ ~l~S~~~Na~
~.{;~ 'yes s+o~~~O
Holt Carson - T'S^D_
Rcglstered Professional Land Surveyor No. Slbb ~ • -4=>,~;~ta.~~
reference map no. C $52056
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STA~Ft= Oz= TtacP,S
CnllFlTY Ol~ GUADA~IIP~
] CeilrfY lh~s inslrumcni Y: ~r5 FIt EfJ en the
data and ~+l thv time st~.m~cr! lheraGn and
Y.~S du'y nioordod in thn Off~cal Fubli::
Recuds of Guadn}upo Ccunly, Toxaa
Q\,~,y C~G 'r.IS+VCal~-~ • i.J~Y
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12 BUG -8 PH 12~ ~6
TER 5A KII:!_
COUkTY Ci. I# GURU, ~~UA_ef~CfJOUNTY
8 Y G(/.~ti!
50524139.1 Exhibit A, Page 4
Official Receipt-08/08/2012
COUNTY CLERK
TERESA KIEL
SEGUIN TX
Phone:
Account: NC-08/08/20120
Date Paid: 08/08/2012
Receipt Number: 203695
Payment Method: Cash
Paid By: CA ~ INA SPOKAS
Received By: KNASH
Remarks: 12-14920
Offense:
Cost Code Amount Paid
RRC 25.00
R~ 5.oa
cxs 1.00
SB1731 5.00
Total Charges 36.00
Payment 40.00
Change 4.00