12-R-77 Rescinding 12-R-76 to include all agreementsRESOLUTION NO. 12-R-77
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS RESCINDING RESOLUTION 12-R-76, AUTHORIZING ACCEPTANCE
OF A SIDEWALK EASEMENT AND TWO WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS WITH OGVP,
LTD., AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz, Texas (the "City") passed and
approved Resolution No. 12-R-76 on September 4, 2012; and
WHEREAS, the City Council now desires to rescind Resolution No. 12-R-76; and
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into a Sidewalk Easement and two Waterline Easement and Temporary Construction
Easement Agreements with OGVP, Ltd., relating to two waterline easements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
rescind Resolution No. 12-R-76 and further to contract with OGVP, Ltd. pursuant to the
Sidewalk Easement and two Waterline Easement and Temporary Construction Easement
Agreements attached hereto as Exhibit A (the "Agreements").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby rescinds Resolution No. 12-R-76.
Section 2. Further, the City Council hereby authorizes the City Manager to execute
and deliver the Agreements with OGVP, Ltd. in substantially the form set forth on Exhibit A.
Section 3. 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 4. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 7. 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, Tesas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this ~ day of l ~ 2012.
CITY SCHERTZ, TEXAS
Ma o Tem, George Antuna Jr.
ATTEST:
renda Dennis, Ci±y Secretary
(CITY SEAL)
50537940.1
EXHIBIT A
SIDEWALK EASEMENT AND WATERLINE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT AGREEMENTS
(to be attached)
50537940.1 A-1
FORM-DO NOT REVISE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE I'OLLOWING
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.
WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STAT); OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT OGVP• LTD , a Texas limited pactnershin (the "Grantor"), for and in
consideration of the sum of Ten and No/l00 Dollars ($10.00) and other good and valuable
consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation
(the "Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED,
SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the
Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive
easement and right-of--way upon, across, and beneath real property located in Guadalune
County, Texas, as more particularly described in Exhibit A attached hereto and incorporated
herein for all purposes (the "Permanent EasemenP'), and being a 0.1332 -acre portion of that
3196 -acre tract of land of the Grantor more particularly described in that insh•ument
recorded in Volume 8 ,Page 13 of the Official Public Records of Guadalune County,
Texas (the "Premises"), and (2) a temporary non-exclusive construction easement and right-of-
way upon and across a 0.2745 -acre portion of the Premises, as more particularly described on
Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement")
(collectively, the "Easements"). The Permanent Easement is granted for the purpose of
constructing, operating, maintaining, and repairing a waterline (the "Waterline"). The
Consh•uction Easement is granted for the purpose of facilitating the construction of the
Waterline,
The Easements herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(1) The Permanent Easement herein granted shall be located across a 10-foot wide
strip of land and shall be perpetual until the earlier to occur of (a) the permanent
and affirmative abandonment of the use of the Permanent Easement by the
Grantee, its successors or assigns, or (ti)the execution and recordation in the
Official Public Records of Guadalune County, Texas, of an instrument by
which the Grantee, or its successors or assigns, as applicable, abandons and
releases the Permanent Easement.
(2) The Construction Easement herein granted shall be located across a 20-foot wide
strip of land adjacent and parallel to, and coextensive with, the Permanent
Easement. The Construction Easement shall terminate upon the earlier to occur
of (a) completion (as certified in writing by the Grantee to the Grantor) of the
50310413,1
Waterline construction, or (b) nine (9) months after commencement of
construction, which commnencement is hereby defined to mean the
cotrunencement of excavation work upon the Permanent Easement. In the event
the Grantee should be delayed or hindered or prevented from completing
construction and installation of the Waterline within the time frame provided
above by reason of the acts and/or inaction of the Grantor, restrictive government
laws or regulations, insurrection, war, acts of God, and inclement weather or other
reasons of like nature not the fault of the Grantee or its agents and contractors,
then the period for the performance of the completion of the construction and
installation of the Waterline shall be excused far the period of the delay and shall
be extended for a period equivalent to the period of such delay. The Grantee shall
restore the Conshuction Easement area to as close to its original condition as
reasonably praclieal.
(3) Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Waterline, nor shall
auy such parsons erect or permit the erection of any buildings, slabs, structures, or
other improvement within the boundaries of the Permanent Easement, or which
would otherwise inter~'ere with the Waterline's continued use and maintenance.
With respect to any buildings, slabs, shuchues, or other improvements
encroaching on the Permanent Easement as of the date of this Agreement, the
Grantee shall have the right to remove such building, slab, structure, or
improvement to allow for the construction, operation, maintenance, or repah• of
the Waterline. The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within either the Permanent Easement or the
Construction Easement. To the extent that construction of the Waterline results in
tine removal of brush from the Easements, the Grantee shall arrange for the
disposal of the brush at the Grantee's sole cost and expense.
(4) The Easements herein granted shall run with the land and be binding upon and
inure to khe benefit of the Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon al] parties
having or acquirnrg any right, title or interest in the Premises or auy portion
thereof.
(5) Should it become necessary at any time subsequent to completion to the
construction of the Waterline for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operation, or altering the Waterline in any
way, the Grantee shall, after each entry upon the Premises, leave the Premises
substantially in the same condition that it was in prior to such entry to the full
extent reasonably practicable. If any repair or replacement activities become
necessary as a result of the acts, omissions, or negligence of the owner or owners
of the Premises or any of their tenants, or any of such persons' respective agents,
employees, licensees, or invitees, then such owner or owners shall be responsible
for promptly performing, at their sole cost and expenses, all necessary repairs,
and, if they fail to do so, the Grantee (or its successors or assigns, as applicable)
so3roar~.r - 2 -
shall be entitled to do so and to recover all reasonable costs therefore from the
owner or owners (jointly and severally) of the Premises.
(6) The Easements are fiu•ther made subject to all validly existing easements, rights-
of-way, conditions, restrictions, covenants, or outstanding mineral or royalty
interests or reservations, of record, if any, in Guadalune County, Texas as of
the date hereof.
(7) The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
TO HAVE AND TO HOLD said Easements together with all and singular the rights and
appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the
Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever
defend the Easements unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, t}uough, or under the
Grantor, buy not otherwise, subject, however, to the matters set forth herein.
Executed to be effective as of _, 201_ (the "Effective Date").
[signaha•es and acknou~/edge~nenls on the follotiring~agesJ
son ans. i - 3 -
This inslrument hats been executed es of the dates of the ack~iowledgments to be effective
as of the Effective Date.
THE STATE OF /~X~~
COUNTY OF GU~,1~W'--~
This instrument was acknowledged
`~-•~ Rr 1. , as ~/IR~,Qprl>4~
behalf of such UP!_ ~f.•
GRANTOR:
OGVP, Ltd.
By: `~~
Name: S~~ raha
Title: General Partner
before me on the ~~day of ~y, ~~0t0- by
of C~ll~, L-•~~-~ ~ , ou
(SEAL)
Nolary Pa lic is and ffi
The State of~~
ib[y Commission Expires: u ~/
io3aa~ai~.i - 4 -
GRANTEE:
CITY OF SCHERTZ
Jolm .Kessel
City Manager, Cily of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instr•uu7ent was acknowledged before n1e on the I ~' day of ~' ' ' , 201 by
John C. Kessel, as Ciiy Manager of the City of Schertz, on behalf of such City.
(SEAL)
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SARAH E. GONZALEZ
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My Conunissiou Expires: ~ J 1
AFTRR RECORDING RETURN TO:
Katherine A. Tapley
Fulbright & Jaworski L,L,P,
300 Convent SG•eet, Suite 2100
San Antonio, Texas 78205
50310413.1 - - $ -
EXHIBIT A
Permanent l;asement
5031 dl i3.1 A- t
MACINA • BOSS . COPELANb and ASSOGIATES,INC
~® CONSULTING ENGINEERS AND LAND SURVEYORS
I ® Texas Registered Fnpmeerinp Flrm F704
1035 Cenral Parkway Nmlb, San Antonio, Texas 70232
N E E R S 12101 vnvw.mhcengkiee s'con5.9302
METES AND BOUNDS
DESCRIPTION OF
A 0,1332 OF AN ACRE (5,804 SQUARE FEET) TRACT OF LAND OUT OF LOT
119R, BLOCK 1, OF THE OAKS AT GREEN VALLEY II, AS RECORDED IN
VOLUME 8, PAGE 13 OF THE DEED AND PLAT RECORDS OF GUADALUPL~
COUNTX, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED TN A
CLOCK47ISE MANNER RS FOLLOWS:
COMMENCING: At a found `!" iron rod and cap "MBC", said found
'~" iron rod being the southwest corner of the
Arroyo Verde Unit 1, Lot 38, Block 1, as recorded
i~l Volume 6, Pages 73-79 of the Deed and Plat
Records of Guadalupe County, said found ;~" iron
rod being on the north right-of-way line of
Arroyo Verde (a public right-of-way varies) (Ref:
Volume 6, Pages 73-74} said found y(" iron rod
being at a point of curvature of a non-tangent
curve;
THENCE: 6.30 feet, along and with said curve to the right
having a radius of 275.00 feet, a central angle
of 01°18'42" and a chord bearing and distance of
S 58°55'38" V7, 6.30 feet, to the POINT OF
aEG2NNING of this tract at a point of curvature
of• a non-tangent curve to the right;
THENCE: 4.72 feet, along and with the north right-of-way
line of said Arroyo Verde and said curve to the
right, having a radius of 275.00 feet, a central
angle of 00°59'01" and a chord bearing and
distance of S 60°04'30" SV, 4.72 feet, to a found
~" iron rod and cap "MBC", at a point of
tangency;
THENCE: S 60°34'00" W, 5.28 feet, along and with the
north right•-of-way line of said Arroyo Verde, to
a point;
Page 1 0£ 3
P:\SCh0Yt2\30699-Oak°aOre en4a11eyI1\Lettera\0.1332 ao 081312,docx
THENCE: N 74°26'00" W, 21,21 feet, to a point;
THENCE; N 29°26'00"
THENCE: N 15°34'00"
THENCE: N 60°01'00"
being on th
Unit 1, Lot
1;
{V, 60.73 feet, to a point;
E, 15.16 feet, to a point;
E, 14.28 Eeet, to a point, said point
e common line of said Arroyo Verde
38, Block 1 and said Lot 114R, Block
THENCE: S 15°34'00" W, 21.21 feet, leaving the common
line of said Lot 38, Block 1, and Lot 114R, Block
1, to a point;
TIIENCE: S 29°26'00" E, 52.45 feet, to a point;
'THENCE: S 79°26'00" E, 21.21 feet, to a point;
THENCE: S 29°26'00" E, 986.47 feet, to the POTN'P OL'
BEGTNNTNG of this tract.
T, Joe Edward Higle, Registered Professional Land S~zrveyor do
hereby affirm that this description is based on the results of a
survey made on the ground by the firm of Macina, Bose, Copeland
and Associates, Inc., of which a survey niatZ„has been prepared.
REGI
30599-Schertz
August 13, 2012
JEH/nt
Page 2 of 3
P:\SChnrtz\~0599.Oa ks30>-e en4alleylI\Lecta rs\0 .1 Da a° 00131a .docx
REG. NO. 4788
LAND SURVEXOR
-a
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LINE TABLE
CIO 0 8 LERO111
LI 660'J9 00 6.28
2 1 4.26 21.21
lJ 1129'2 60. J
l 116'39 00 E 16.16'
6 N60'0 E 14.29
L6 816•J4 00 W 21.21
Lr S29'26 ODE 52.45
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® EXHIBIT "A" ~ ~ ,~ .,., "- uen
ornal JAP
BEING A 10' WATERLINE EASEMENT (0.1332 ACRE) quill ono
E 11 0 Ill E E R S OUT OF OAKS AT GREEN VALLEY, AS RECORDED IN a3nw_
Ism ~D lpn~a Plexxp lex~i ~ VOLUME 8, ('AGE 13, OF THE GEED AND PUT D„f of-2a-12
I o fits-t RECORDS OF CUADALUPE COUNTY, TEXAS, 30599-SCH2
rA% 2 O1 615.9 as Yw no
__T!d'-!s-f~oIFIEA[o_-. _ 3 n3
T;XHIBIT B
Construction I;asmuent
smioau.i B-1
^r`. MACINA BOSE • COPELAND and ASSOCIATES,INC
®~ CONSULTINQ EN OIN EERS AND LAND SURVEYORS
Texas Reglslered Engineering Flrm F-789
1035 Central Parkway North, San An[onlo, Texas 78232
E N I N E E R S (2101 595.1122 FAX 12101 SM1S•9302
www.m hcenglneers.com
METES AND BOUNDS
DESCRIPTION OP
A TEMPORARY 20 FOOT CONSTRUCTION EASEMENT
A 0.2795 OF AN ACRE (11,959 SQUARE FEET) TRACT OF LAND OUT OF
LOT 114 R, BLOCK 1, OF THE OAKS AT GREEN VALLEY II, AS RECORDED
IN VOLUME 8, PAGE 13 OF THE DEED AND PLAT RECORDS OG' GUAbALUPE
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A
CLOCKWISE MANNER AS FOLLOWS;
COb4iENCING: At a found y" iron rod and cap "MBC", said found
%" iron rod being the southwest corner of the
Arroyo Verde Unit 1, Lot 38, B].ock 1, as recorded
in Volume 6, Pages 73-74 of the Deed and Plat
Records of Guadalupe County, said found h" iron
rod being on the north right-of-way line of
Arroyo Verde (a public right-of-way varies) (Ref;
Volume 6, Pages 73-74) said found h" iron rod
being at a point of curvature of a non-tangent
curve;
THENCE: 6,30 feet, along, and with said curve to the right
having a radius of 275.00 feet, a central angle
of O1°18'42" and a chord bearing and distance oL•
S 58°55'38" W, 6,30 feet, to the POINT OF
BEGINNING of this tract at a point of curvature
of a non-tangent curve to the right;
THENCE; 4.72 feet, along and with the north right-of-o~ay
line of said Arroyo Verde and said curve to the
right, having a radius of 275.00 feet, a central
angle of 00°59'01" and a chord bearing and
distance of S 60°04`30" V], 4.72 feet, to a found
{" iron rod and cap "MBC", aL• a point of
tangency;
THENCE: S 60°34'00" W, 15,28 feet, along and with the
north right-oE-way lino of said Arroyo Verde, to
a point;
page 1 of 7
P;\SChertz\30599-Oaks3GreenValleyIl\Lettera\O.a795 ac Oeail2.docx
THENCE: N 29°26'00" W, 478,23 feet, leaving the north
right-of-way line of said Arroyo Verde, to a
point;
THENCE: N 74°26'00" W, 21,21 feet, to a point;
THENCE: N 29°26'00" W, 69,01 feet, to a point;
THENCE; N 15°34'00"
THENCE: N 60°01'00"
being on th
Unit 1, Lot
1;
E, 37.67 feet, to a point;
E, 8.36 feet, to a point, said point
common line of said Arroyo Verde
38, Block 1 and said Lot 114R, Block
THENCE: 5 29°26'00" E, 20.00 feet, to a point;
THENCE: S 15°34'00" LV, 21.21 feet, leaving the common
line of said Lot 38, Block 1, and Lot 114R, Dlock
1, to a point;
THENCE: S 29°26'00" E, 52.45 feet, to a point;
THENCE; S 74°26'00" E, 21.21 feet, to a point;
THENCE: S 29°26'00" E, 486.47 feet, to the POINT OF
BCGINNING of this tract.
I, Joe Edward Higle, Registered Professional Land Surveyor do
hereby affirm that this description is based on the results of a
survey made on the ground by the firm of Nacina, Bose, Copeland
and Associates, Inc. , of which a survey,.~~m~~;a,~as been prepared.
~:~JOf:C:E~.;:~; iIGIF.
JOE sDW' p~,~ i ~`w,4.~, 'G. NO. 4788
N~ ~. F
REGI TER ~'~ AL LAND SURVEYOR
30599-Schertz ~''S~~%6~s~'~
August 21, 2012
JEH/nt
Pegs 2 of 3
Pi\SCheCCZ\70599-Oa kecGTeenYalley7i\LeCteYe\°.2995 ae OB2112.doex
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I NEPEBY CERTIFY 7XAi THE ABOYE PLAT I9 TRUE AND CORRECT
ACCORDIh'C TO AN ACTUAL 6URVEY IVDE C41 THE GROUND IRfOFR
W SUPEg4151PV ANO TNE0.E AIIE NO 4181BLE FA9EVENTS IX
FNCROACIO.F1175 AV AOJOINIAYi PROPERTY AND TXAT
A1L WILOIN pIQL TEO QY 7X15 PRWFATY F%CEPT
A9 9N01N ; ~~+.G`~~~R~9
.t
JOE EO} . OL ~ 4788
RE SIER P ~59IlNBl~~~ -YEYOR °
e 1 ;9nj0:~E~5~4 ~p ~. PLAT IDn
• EXIIIBIT ' B ' ~, Sua~'E uPn
`~ omw JAP
BEING A TEMPORARY 20' CONSTRUCTION EASEMENT au.x one ~
E N O f N E E R 9 (0.2745 ACRE, OUT OF OAKS AT GREEN VALLEY, AS naolo
fsm ~io.Pr~Tez3z RECORDED IN VOLUME 8, PAGE 13, OF THE DEED B,~ 07-23-12
Iz 1845-II AND PLA7 RECORDS OF GUADALUPE COUNTY, TEXAS. 30599-SCH
FA% x101Di656-9Yp ~w xo
1 FI -le4 y,l, 3 of 3 x
LINE TABLE
CNORO LENGTH
1 560.34 M 15.26
L2 4.26 00 27.2
L3 N 9.26 00 tl 69.01'
L4 Nf 6.34 00 E 37.67
L6 N60.Of W E 8.J8
L6 529'26 00 E 20.00
u is•34 w r zt.zf
L8 929.26 00 E 52.49
L9 979.26 W E 21.21
CURVE DATA
ND RADWS DELTA TNJCENT LEND C4 OR0 BRO. .D19T
C1 276.00 i'18 42 3.1 6.30 969.65`38'tl 6.J0
C2 276.OD 00.99 Of 2.J6 4.72 560'09 30"tl 4 72
FORM-DO NOT REVISE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL 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.
WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
TAE STATE OF TEXAS
COUNTY OF GUADALUPE
KNOW ALL PERSONS BY THESE PRESENTS:
THAT OGVP, LTD a Texas limited partnership (the "Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporaliou
(the "Grantee"), the receipt and sufficiency of which are hereby acknowledged, has GRANTED,
SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the
Grantee, its successors and assigns, subject to the terms hereof, (1) a permanent exclusive
easement and right-of--way upon, across, and beneath real properly located iu Guadalupe
County, Texas, as more particularly described in Exhibit A attached hereto and incorporated
herein for all purposes (the "Permanent Easement"), and being a _0.0824 -acre portion of that
28.9212-acre tract of ]and of the Grantor more particularly described in that instrument recorded
in Volume 6 ,Page 73-74 of the Official Public Records of Guadalupe County, Texas
(the "Premises"), and (2) a temporary non-exclusive construction easement and right-of--way
upon and across a 0.1647 -acre portion of the Premises, as more particularly described on
Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement")
(collectively, the "Easements"). The Permanent Easement is granted for the purpose of
consG•ucting, operating, maintaining, and repairing a waterline (the "Waterline"). The
Construction Easement is granted for the purpose of facilitating the conshuction of the
Waterline.
The Easements herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(1) The Permanent Easement herein granted shall be located across a 10-foot wide
ship of land and shall be perpetual until the earlier to occur of (a) the permanent
and affirmative abandonment of the use of the Permanent Easement by the
Grantee, its successors or assigns, or (ti)the execution and recordation in the
Official Pubic Records of Guadalupe County, Texas, of an instrument by
which the Grantee, or its successors or assigns, as applicable, abandons and
releases the Permanent Easement.
(2) The Construction Easement herein granted shall be located across a 20-foot wide
strip of land adjacent and parallel to, and coextensive with, the Permanent
Easement. The Construction Easement shall terminate upon the eat•lier to occur
of (a) completion (as certified in writing by the Grantee to the Grantor) of the
so~ioara.i
Waterline construction, or (b) nine (9) months after commencement of
construction, which cotrrrnencement is hereby defined to mean the
commencement of excavation work upon the Permanent Easement In the event
the Grantee should be delayed or hindered or prevented from completing
construction and installation of the Waterline within the time frame provided
above by reason of the acts and/or inaction of the Grantor, restrictive government
laws a• regulations, insurrection, war, acts of God, and inclement weather or other
reasons of like nature not the fault of the Grantee or its agents and contractors,
then the period for the performance of the completion of the construction and
installation of the Waterline shall be excused for the period of the delay and shall
be extended for a period equivalent to the period of such delay. The Grantee shall
restore the Construction Easement area to as close to its original condition as
reasonably practical.
(3) Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Waterline, nor shall
any such persons erect or permit the erection of any buildings, slabs, structures, or
othet• improvement within the boundaries of the Permanent Easement, or whic}r
would otherwise interfere with the Waterline's continued use and maintenance.
With respect to any buildings, slabs, structures, or other improvements
encroaching on the Permanent Easement as of the date of this Agreement, the
Grantee shall have the right to remove such building, slab, structure, or
improvement to allow for the construction, operation, maintenance, or repair of
the Waterline. The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within either the Permanent Easement or the
Construction Easement. To the extent that construction of the Waterline results in
the removal of brush from the Easements, the Grantee shall arrange for the
disposal of the brush at the Grantee's sole cost and expense.
(4) The Easements 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 Premises or any portion
thereof.
(5) Should it become necessary at any time subsequent to completion to the
construction of the Waterline for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operation, or altering the Waterline in any
way, the Grantee shall, after each entry upon the Premises, leave the Premises
substantially in the same condition that it was in prior to such entry to the ful]
extent reasonably practicable. If any repair or replacement activities become
necessary as a result of the acts, omissions, or negligence of the owner or owners
of the Premises or any of their tenants, or any of such persons' respective agents,
employees, licensees, or invitees, then such owner or owners shall be responsible
for promptly performing, at their sole cost and expenses, all necessary repairs,
and, if they fail to do so, the Grantee (m• its successors or assigns, as applicable)
50310313.1 - 2 -
shall be entitled to do so and to recover all reasonable costs therefore from the
owner or owners Qointly and severally) of the Premises.
(6) The Easements are further made subject to all validly existing casements, rights-
of-way, conditions, restrictions, covenants, or outstanding mineral or royalty
interests or reservations, of record, if any, in Guadalupe County, Texas as of
the date hereof.
(7) The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
TO HAVl; AND TO HOLD said Easements together with all and singular the rights and
appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the
Grantor does hereby bind itself, -its successors and assigns, to specifically warrant and forever
defend the Easements unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, tlu•ough, or under the
Grantor, buy not otherwise, subject, however, to the matters set forth herein,
Executed to be effective as of _, 201_ (the "Effective Date").
(signalw•es and acknou~ledgernenls on the follorvingpages J
sos+oais.r - 3 -
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
OGVP, Ltd.
~~
Nate-Steve Braha
Title; General Partner
THE STATE OF ~k.~
COUNTY OF C-~-~dt.9~-.,p~-
nks ~sf Zol ~
This instrument evas ackhowledged before me on tlrc ~_ day of~q, i?fi-1-6 by
~{'e._c, BrU-v.~. , asC~,-~ r~_0 _~.a., T2, of c~GV P ~ L} ~ , on
behalf of such ~up,Lt-~,
(SEAL)
~;t~%r:;"-. KAREN ROGERTINSKY
~°r' Notary Puhlic. Slate of texas
- ' ~~, My Commission Expires
~"a',I!„~'~° duly 21, 2016
~~ 71 .ten
Notary Pu tic in_and f r
The State oI`~ ~ f,/J
My Commission Expires; r D
>osloul~.t - 4 -
GRANTEE:
CITY OF SCHERTZ
Joh .Kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instillment was acknowledged before me on the I~/_1' day of~x~~0~by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
~aaaaaaaa»aaaaaaaaaaaaaaaay
m
~ "'~~ SAHAH E. GONZALFZ
~
Notary Pablic in and for
®* Nota Public
ry
f T y
~
The State of Texas
~ exas
State o
'Ea~ G~mni. Exp. 10-31.2012 y
Y. ~G'G~ti~~~~G'LtGk•%v:Y'G 6Y~L~L''L~`GY•~C ~(.t'.•6 2
I ~
,~1
'•~\ O~V~~
My Commission Expires;
ArT1;R R)/CORDING R);TURN TO:
Katherine A. Tapley
Pulhright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
sovoau.i - S -
EXHIBIT A
Permanent i;asement
so3iaii~.i A-1
"'r`, MACINA• BOSS •COPELAND and ASSOCIATES,LNC
®a CONSULTING ENGINEERS AND LAND SURVEYORS
Texas Registered Engineering Flrm F-784
1035 Central Parkway Noah, San Antonio, TOxas 78232
E N I N E E R S 1210) say-1122 FAX 1210) 545.9302
www, mbcengineerS.tOm
METES AND BOUNDS
DESCRIPTION OF
A 0.0824 OF AN ACRE (3,58fl SQUARE FEET) TRACT OF LAND OUT OF THE
REyAINING PORTION' OF THE EAST DIETZ CREEK DRAINAGE EASEMENT OF
THE ARROYO VERDE UNIT 1 SUBDIVISION, AS RECORDED IN VOLUME 6,
PAGES 73-74, OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE
MANNER AS FOLLOWS:
COMMENCING: At a found ~" iron rod and cap "MBC", said found y"
iron rod being on the eastern right-of-way line of
F.M. 3009 (a 120 foot public right-of-way line), as
recorded in Volume 953, Pages 320-321 of the Deed and
Plat Records of Guadalupe County, Texas, said found '{,"
iron rod also being on the southern right-of-way of
Arroyo Verde (a public righe-of-way varies) as
recorded in Volume 6, Pages 73-74 of the Deed and Plat
Records of Guadalupe County;
THENCE: N 28°47'52" E, 25.00 feet, leaving the eastern right-
of-way line of said F.M. 3009, along and with the
southern xight-of-way line of said Arroyo Verde, to a
point, said point being at a point of curvature of a
curve to the left;
THENCE: 43.31 £eet, along and with the southern right-of-way
line of said Arroyo Verde and said curve to the left,
having a radius of 210.00 feet, a central angle of
li°49'02" and a chord bearing and distance o£
N 52°24'19" E, 43.24 feet, Co a point at a point of
curvature of a reverse curve to the right;
THENCE: 46.66 feet, along and with the southern right-o£-way
line of said Arroyo Verde and said curve to the right,
having a radius of 190,00 feet, a central angle of
00°49'56" and a chord bearing and distance of
N 53°31'34" E, 96.54 feet, to a point at a point of
tangency;
THENCE: N 60°34'00" E, 69.69 feet, along and with the southern
right-of-way line of said Arroyo Verde, to a point, at
the POINT OF BEGINNING of this tract;
Page 1 of 3
P: \8chercz\30599-oaksGGreenVal3eyII\IeCters\0. oa z4 ac 091312.docx
THENCE: N 60°34'00" E, 5.28 feet, along and ~~li th the southern
right-of-way line of said Arroyo Verde, to a point at
a point of curvature of a non-tangent curve to the
left;
THENCE: 4.72 feet, along and with the southern right-of-way
line of said Arroyo Verde and said curve to the left,
having a radius of 325,00 feet, a central angle of
00°49'56" and a chord bearing and distance of
N 60°09'02" E, 9.72 feet, to a point, at a point of
tangency;
THENCE: S 29°26'00" E, 143.33 feet , leaving the southern
right-of-way line of said Arroyo Verde, to a point;
THENCE: S 51°56'00" E, 169.68 feet , to a point;
THENCE: 5 38°04.00" 'A, 33.40 feet, to a point;
THENCE: N 56°45'28" W, 10.04 feet, to a point;
THENCE: N 38°04'00" E, 24.25 feet, to a point;
THENCE: N 51°56'00" W, 181.67 feet , to a point;
THENCE: N 29°26'00" W, 145.28 feet , to the point of beginning
of this tract.
I, Joe Edward Higle, Registered Professional Land Surveyor do hereby
affirm that this description is based on the results of a survey made
on the ground by the firm of Marina, Bose, Cgpeland and Associates,
Inc., of which a survey map has been prep~r _s~~
JOE
30599-Schertz
August 13, 2012
JEH/nt
Page 2 of 3
P:\SChextz\30599-Oake6GreenValleyII\Let tens\0.0829 ac 081312.docx
idEG, NO. 4788
LAND SURVEYOR
~~
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SCALE: 1'=60'
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CZ 180.00 00'49 56 23.45 96.66 N53'31 34 E 46.59
c3 3zs.oD' oD•a9•se 2.36 4.72' 6 9' 2°E 9.72'
LOCATION ;tiAP
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[HEREBY CERTIFY THAT THE ABaVE PLAT IS TRUE AND CORRECT
ACCORDING TO AN ACTUAL SURVEY MADE ON THE OROUND UNDER
In SUPERVISION AND THAT THEPE ARE NO VISIBLE EASEMENTS OR
ENCROACHMENTS OF„Bt},{AINGS OH AOJOININa PgOPER7Y AND THAT
AlL BUILDINO~ LOCATED ON THIS PROPERTY E%CEPT
AS SHONH ABD E
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JOE NAP 4788 0 4788
'
URVEYOR
flEOI ERE - , $ ~e L•
EXIiTBTT~` ai;R"v~ eu1lOr
•
BEING A 10' WATERLINE EASEMENT (0.0824 ACRE), AIPrr
~•~ J'w
OVT OF THE REMAINING PORTION OF EAST DIETZ mur DAo
E H 0 IN E E R S CREEK DRAINAGE EASEMENT OF THE ARROYO VERDE
IOJS Ce[tM01 Q*~ , aE«m
sm AMOn1o, Texae Taxsz UNIT-1, SUBDIVISION, AS RECORDED IN VOLUME 6, eA[c o7-24-12
[z1oT 4s-it
EIJf 1z1og E{s-s~oz PAGE 73-74, OF THE DEED AND PLAT RECORDS OF 30599-SCHZ
,rae xo
EHO 1~a~~oTB4
GUADALUPE COUNTY, TEXAS, 3 of 3
a[i
3
);XHIBIT B
Consta•nctiou l;flsemcnt
50310413.1 B-j
~~
EN G/INEER
METES AND BOUNDS
DESCRIPTION OF
A TEMPORARX 20 FOOT CONSTRUCTION EASEMENT
A 0.1647 OF AN ACRE (7,176 SQUARE FEET) TRACT OF LAND OUT OF THE
REMAINING PORTION OF THE EAST DIETZ CREEK DRAINAGE EASEMENT OF
THE ARROXO VERDE UNIT 1 SUBDIVISION, AS RECORDED IAT VOLUME 6,
PAGES 73-74, OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY,
TEXAS, AND BEING MORE PARTICULARLX DESCRIBED IN A CLOCKWISE
MANNER AS FOLLOWS:
COMMENCING: At a found y," iron rod and cap "MBC", said found 'h"
iron rod being on the eastern right-of-way line of
F. M. 3009 (a 120 foot public right-of-way line), as
recorded in Volume 453, Pages 320-321 of the Deed and
Plat Records of Guadalupe County, Texas, said found y,"
iron rod also being on the southern right-of-way of
Arroyo Verde (a public right-of-way varies) as
recorded in Volume 6, Pages 73-74 of the Deed and Plat
Records of Guadalupe County;
THENCE: N 28°47'52" E, 25,00 feet, leaving the eastern right-
of-way line of said F.M. 3009, along and with the
southern right-of-way line of said Arroyo Verde, to a
point, said point being at a point of curvature of a
curve to the left;
THENCE: 43.31 feet, along and with the southern right-of-way
line of said Arroyo Verde and said cuxve to the left,
having a radius of 210.00 feet, a central angle of
11°49'02" and a chord bearing and distance of
N 52°24'19" E, 43.24 feet, to a point at a point of
curvature of a reverse curve to the right;
THENCE: 96.66 feet, along and with the southern Tight-of-way
line of said Arroyo Verde and said curve to the right,
having a radius of 190.00 feet, a central angle of
00°49'56" and a chord bearing and distance of
N 53°31'34" E, 46.54 feet, to a point at a point of
tangency;
THENCE: N 60°34'00" E, 64.69 feet, along and with the southern
right-of-ivay line of said Arroyo Verde, to a point, at
the POINT OF BEGINNING of this tract;
Pege 1 of J
P:\3cheztz \30599-Oakse^GreenVal3eyIl\Letters\0.169 aC 002112.docx
MACINA• BOSE •COPELAND and ASSOCIATES,INC
CONSULTING ENGINEERS AND LAND SURVEYORS
Texas Registered Englneering Flrm F789
1035 Central Parkway North, San Antonio, Texas 78232
IZ7 OI 545-1122 FA1C 12101 5459302
www. mbcenglneers.com
THENCE: N 60°34'00" E, 10.28 feet, along and with the southern
right-of-way line of said Arroyo Verde, to a point at
a point of curvature of a non-tangent aixxve to the
left;
THENCE: 9,72 feet, along and with the southern right-of-way
line of said Arroyo Verde and said curve to the left,
having a radius of 325.00 feet, a central angle of
O1°42'51" and a chord bearing and distance of
N 59°42'34" E, 9.72 feet, to a point, at a point of
tangency;
THENCE: S 29°26'00" E, 142.44 feet, leaving the southern
right-of-way line of said Arroyo Verde, to a point;
THENCE: S S1°56'00" E, 193.69 feet, to a point;
THENCE: S 38°04'00" W, 37.98 feet, to a point;
THENCE: N 56°45'28" 'A, 20.07 feet, to a point;
THENCE; N 38°04'00" E, 19.67 feet, Co a point;
THENCE: N 51°56'00" W, 177.67 feet, to a point;
THENCE: N 29°26'00" W, 146.28 feet, to the POINT OF BEGINNING
of this tract.
T, Joe Edward Higle, Registered Professiwlal Land Surveyor do hereby
affirm that this description is based on the results of a survey made
on Che ground by the firm of Macina, Bose, Copeland and Associates,
Inc., of which a survey map has been preparkc~.
R~. N0. 4788
LAND SORVEYOR
30599-Schertz
August 21, 2012
JEH/nt
Page 2 of 3
P:\SOheYta\30599-Oaks6GZeenValleyI I\l,e Ctezs\0.1697 aC 082122.doCX
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LOCATION MAP
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'1 HEREeY CERTIFY THAT THE ABOVE PLAT IS TRUE AND CORRECT
ACCOgDINO TO AN ACTUAL SURVEY NADE ON THE CROUNO UNDER
IIY SUPERVISIDt4 AND THAT THERE ARE ND VISIBLE EASEMENTS DR
ENCPOACHMENTS 0 - DINGS ON ADJOINING PROPERTY ANO THAT
ALL 9UILOIN, LOCATED ON THIS PROPERTY E%CEPT
pS SHONN 0 e, . • ... F F
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REC TEHF, ~-~~01;~~58 j,O~q-, t D SURVEYOR
EXHIBS " _.R~E PLAr IINe ~
• ~•
BEING A TEMPORARY 20' CONSTRUCTION EASEMENT N~
9ni9x JAP
(0.1647 ACRE), OUT OF THE RE6iAINING PORTION OF 9X,XN ono
E H 0 IH E E R 5 THE EAST DIETZ CREEK DRAINAGE EASEMENT OF THE
tQT$ al Pork9oy NNOrih oaarn
soi AiMmto~ 7exm rex3z ARROYO VERDE, UNIT-1, SU@DIVISION AS RECORDED Vii[ 07-24-iz
txtof s9s-ttzz
6
0 IN VOLUME 6, PACE 7J-74, OF THE DEED AND PLAT 30599-SCHZ
~
~
1
~~~~0~~ RECORDS OF GUADALUPE COUNTY, TEXAS. ~
3 of 3
84