12-R-117 Permanent Waterline Easement and Temporary Construction Easement Agreement with DASIRESOLUTION NO. 12-R-117
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING ACCEPTANCE OF A PERMANENT
WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT WITH DASI, LLC 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 agreement for a Permanent Waterline Easement and Temporary Construction
Easement Agreement with DASI, LLC., relating to two waterline easements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with DASI, LLC. pursuant to the Permanent Waterline Easement and Temporary
Construction Easement Agreement 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 with DASI, LLC. in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be hue,
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 conh•olling 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 ~~ of C~s012.
CITY OF SC ,TEXAS
Mayor Michael Carpenter
ATTEST:
~~n
~2cretaly
(CITY SEAL)
50531466.1
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
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF COMAL §
THAT DASI, LLC, (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 Grantol• 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 Comal County, Texas, as more particularly described
in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent
Easement"), and being an approximately 0.156 -acre portion of that approximately 3.5898 -acre
tract of land of the Grantor more particularly described as Lot l of the Villa at Garden Ridge
Subdivision as shown on a plat thereof recorded in Document No. 200706024408 of the Official
Public Records of Comal County, Texas. (the "Premises"), and (2) a temporary non-exclusive
consd•uction easement and right-of-way upon and across a 0.292-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 waterlines (the
"Waterlines"). The Construction Easement is granted for the purpose of facilitating the
consu•uction of the Waterlines.
The Easements herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(I) The Permanent Easement herein g1•anted shall be located across a 15-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 Comal 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 variable
width strip of land adjacent and parallel to, and coextensive with, the Permanent
Easement. The ConsG~uction Easement shall terminate upon the earlier to occur
of (a) completion (as certified in writing by the Grantee to [he Grantor) of the
50310917.1
Waterlines construction, or (b) nine (9) months after commencement of
construction, which commencement is hereby defined to mean the
commencement of excavation work upon the Permanent Easement. [n the event
the Grantee should be delayed or hindered or prevented from completing
construction and installation of the Waterlines 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 conG•actors,
then the period for the performance of the completion of the construction and
installation of the Waterlines shall be excused for the period of the delay and shall
be extended for a pet•iod 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 Waterlines, nor shall
any such persons erect or permit the erection of any buildings, slabs, sh•uctures, or
other improvement within the boundaries of the Permanent Easement, or which
would otherwise interfere with the Waterlines 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 fot• the construction, operation, maintenance, or repair of
the Waterlines. 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 Waterlines 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 [he Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon all patties
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 Waterlines for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operation, or altering the Waterlines 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 t•esult of the acts, omissions, ot• 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 ownet• 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)
so~roau.i - 2 -
(6) The Easements are further 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 Comal 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, through, or under the
Grantor, buy not otherwise, subject, however, to the matters set forth herein.
~-
r
Executed to be effective as of u~i,,.~~w ~, 2012_ (the "Effective Date").
[signatures and acknowledgements on the•follorning pages J
so3ioai3.i _ 3 _
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date. ~~51 ~
GRANTOR:
i
~ ~~~ . ~
THE STATE OF '~ qS
Name: ~ . ,.0 ~9-Y~ ~/ (7.Jt ..C,,ti„~
Title: i >,, ,° . n-
COUNTY OF 1 Q,I §
This instrument was acknowledged before me on the ~W " day of November, 2012 by
~,1~ctvtd P1UeYYG , as ~-esiden-r of ~ SZ ~ L LC , on
behalf of such~~
(SEAL)
p~P~;YPf/~ CYNTHIA A GUTIERREZ (~G~//~//]~~.._
_~~ Notary Public ~~
~~`' ~*~ STATE OF TEXAS otary Public i id for
'gym', My Comm. Fx . 06-07.2016 The State of J~
My Commission Expires: l~l~c'O`7~20 ~ ~O
so~~aau.i - 4
GRANTEE:
THE STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ
John esse
City Manager, City of Schertz
This instrument was acknowledged before me on the ~"/~ay of ~~t,c.Im,120"I'2 by
John C. Kessel, as City Manager of the City of Schet•tz, on behalf of such City.
(SEAL)
SARAH E, t30N7A1 F7
+° Notary Publk
State of Teems
~ My Wmm. Exp.10-31-2016 Notary Public in and for
The State of Texas
My Commission Expires: ~~ /~ ~01
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
smioni3.i _ 5 _
EXHIBIT A
Permanent l;asement
50310413.1 !~-~
FORD- EN
INEERING, INC.
Date: November 7, 2012
Project No: 1124.8409
FIELD NOTES DESCRIPTION
0.156 ACRES (6,776.0 sq. ft.)
Waterline Easement
Page 1 of 2
A 0.156 acre (6,776.0 sq. ft.) waterline easement, situated in the G.M. Dolson Survey No.
96, Abstract No. 120, being a portion of Lot 1 of The Villa At Garden Ridge Subdivision
as shown on a plat recorded in Document No. 200706024408 of the Deed and Plat
Records of Comal County, Texas; being more particularly described as follows:
BEGINNING: at a point on the Northwestern line of said Lot 1, the Southeastern line of
the remainder of a 2.0 acre tract of land conveyed to the City of Schertz in Volume 167,
Page 236 of the Deed Records of Comal County, Texas, from which a'/: inch iron rod
found for the Southwestern corner of the remainder of the said 2.0 acre tract on the
Northwestern line of said Lot 1 bears S 59°19'53" W -140.45 feet;
THENCE: N 59°19'53" E - 15.00 feet along the Northwestern line of said Lot 1, the
Southeastern line of the remainder of the said 2.0 acre tract to a point for the Northeastern
corner of this waterline easement;
THENCE: S 30°29'57" E - 284.58 feet across said Lot 1 and along the Southwestern
line of a 14 foot electric, gas, telephone and cable TV easement as shown on the plat of
the Villa at Garden Ridge to a point for a corner of this easement;
THENCE: S 14°19'59" W - 123.61 feet continuing across said Lot 1 to a point for a
comer of this easement on the Eastern line of a 25 foot water line easement (to be
abandoned) conveyed to the City of Schertz in Volume 417, Page 467 of the Deed
Records of Guadalupe County, Texas;
THENCE: S 30°49'50" E - 25.42 feet continuing across said Lot 1 and along the
Eastern line of the said 25 foot water line easement to a point on the Southern line of a 20
foot Texas Department of Transportation Reservation as shown on the plat of said Lot 1,
the Northwestern line of Farm Market Road 2252 for a corner of this easement from
which a broken Texas Department of Transportation concrete monument found at the
cutback of said Farm Market Road 2252 and Farm Market Road 3009 bears N 58°21'23"
E - 46.00 feet;
THENCE: S 58°21'23" W - 25.00 feet along the Southern line of the said 20 foot Texas
Department of Transportation Reservation, the Northwestern line of Farm Market Road
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAX: 590-4940
1-800-332-3109 Web Site: www.Fordengineering.com TOPE No. F-1162
FORD ENGINEERING, INC.
Page 2 of 2
2252 to a point on the Western line of the said 25 foot waterline easement (to be
abandoned), for a corner of this easement;
THENCE: N 30°49'50" W - 22.07 feet along the Western line of the said 25 foot
waterline easement (to be abandoned) to a point for a corner of this easement;
THENCE: N 14°19'59" E - 137.77 feet across said Lot 1 to a point for a comer of this
easement;
THENCE: N 30°29'57" W - 278.35 feet across said Lot 1 to the POINT OF
BEGINNING and containing 0.156 acres (6,776.0 sq. ft.) of land, according to a survey
made on the ground under my supervision;
Con•esponding plat prepazed.
1124.8409 Permanent esmt.docx
BEARINGSAND COORDINATESAREBASED ONLAMBERT GRID, TEXAS
STATE PLANE COORDINATES, SOUTHCENTRAL ZONENAD 83/93;
i
;i
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 59D-4777 FAX: 590-4940
1-800-332-3109 Web Site: www.fordengineering.com TBPE No. F-1162
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B ELECTRIC PoLE
DNE BEMINC DISTANCE
if N 50'1951' E 15.00
L2 S SD'49 50 E 26.42
L3 S 58'21 23 W 25.00
l4 N 30'4950' W 22.07
LS N Se21 23 E 48.00
STATE OFTEXA.R:
COUNTY OF COMAI
I, RE%L. HACKETT, DO HEREBY^`°""' ^""
THIS PLAT WA9 PREPARED FR(
MADE ON THE OROUND AND U!
/C/ L--i~
1ND(L 9ACIOPIT
DATE: NOVEMBER 7, 2072
PROJECT NO.: 1124.8400
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ALINE EASEMENT
6S (8778.0 Sq. fY.)
1E G.M. DOLSON SURVEY
120, BEING A PORTION
NLLA AT GARDEN RIDGE
AS SHOWN ON A PLAT
IN DOCUMENT N0.
OEED ~ PLAT RECORDS
COUNTY, 7FJ(AS
wWNEFAIN6 PIANNUp oEwwr.ElR
tornwre u80'E SUrtE 1a,9N1ANfONO.1DfA9TetR, RI%maaTn TBPE NO. F1182
EXHIBIT B
Cm~sh•uction Easement
sos~oai3.i B-1
i FORD ENGINEERING, INC.
Date: November 7, 2012 Page 1 of 2
Project No: 1124.8409
FIELD NOTES DESCRIPTION
0.292 ACRES (12,716.7 sq. ft.)
Temporary Waterline Construction Easement
A 0.292 acre (12,716.7 sq. ft.) waterline easement, situated in the G.M, Dolson Survey
No. 96, Abstract No. 120, being a portion of Lot 1 of The Villa At Gazden Ridge
Subdivision as shown on a plat recorded in Document No. 200706024408 of the Deed
and Plat Records of Comal County, Texas; being more particularly described as follows:
BEGINNING: at a point on the Northwestern line of said Lot 1, the Southeastern line of
the remainder of a 2.0 acre tract of ]and conveyed to the City of Schertz in Volume 167,
Page 236 of the Deed Records of Comal County, Texas, from which a %z inch iron rod
found for the Southwestern corner of the remainder of the said 2.0 acre tract on the
Northwestern line of said Lot 1 bears S 59°19'53" W -115.45 feet;
THENCE: N 59°19'53" E - 25.00 feet along the Northwestern line of said Lot 1, the
Southeastern line of the remainder ofthe said 2.0 acre tract to a point for the Northeastern
corner of this easement;
THENCE: S 30°29'57" E - 278.35 feet across said Lot 1 to a point for a comer of this
easement;
THENCE: S 14°19'59" W - 137.77 feet continuing across. said Lot 1 to a point on the
Western line of a 25 foot water line easement (to be abandoned) conveyed to the City of
Schertz in Volume 417, Page 467 of the Deed Records of Guadalupe County, Texas for a
corner of this easement;
THENCE: S 30°49'50" E - 22.07 feet continuing across said Lot 1 and along the
Western line of the said 25 foot water line easement to a point on the Southern line of a
20 foot Texas Department of Transportation Reservation as shown on the plat of said Lot
1, the Northwestern line of Farm Mazket Road 2252 for a comer of this easement from
which a broken Texas Department of Transportation concrete monument found at the
cutback of said Farm Market Road 2252 and Farm Market Road 3009 bears N 58°21'23"
E - 71.01 feet;
THENCE: S 58°21'23" W - 56.76 feet along the Southern line of the said 20 foot Texas
Department of Transportation Reservation, the Northwestern line of Farm Mazket Road
2252 to a point for a corner of this easement;
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 70217 (210) 590-4777 FAX: 590-4940
1-800-332-3109 Web Site: www.Fardengineering.com TBPE No. F-1162
FORD ENGINEERING. INC.
Page 2 of 2
THENCE: N 31°38'37" W - 50.00 feet across said Lot 1 to a point for a comer of this
easement;
THENCE: N 58°21'23" E - 50.00 feet continuing across said Lot 1 to a point for a
comer of this easement;
THENCE: N 14°19'59" E - 113.13 feet continuing across said Lot 1 to a point for a
corner of this easement;
THENCE: N 30°29'57" W - 290.66 feet across said Lot 1 to the POINT OF
BEGINNING and containing 0.292 acres (12,716.7 sq. ft.) of land, according to a survey
made on the ground under my supervision;
Corresponding plat prepared.
1124.8409 Temp esmt.docx
BEARINGSAND COORDINATESAREBASED ONLAMBERT GRID, TEXAS
STATEPLANE COORDINATES, SOUTH CENTRAL ZONENAD 83/93;
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAX: 590-4940
1-800-332-3109 Web Si[e: www.Fordengineering.com TBPE No. F-1162
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-0-0- CHAINUNK FENCE
-~~- OVERHEAD ELECTRIC
B ELECTRIC POLE
LINE BEARING DISTANCE
L1 N 59'19'53 E 25.00'
L2 5 30'49'50° E 22.07'
L3 S 58'21'23' W 58.78'
L4 N 37'3837° W 50.00'
L5 N 58'21'23' E 50.00'
L6 N 58'21'23' E 71.01
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STATE OF TE%A9:
CWNTY OF COMAL:
1. REX 1. HACIQ:Tf, DO HEREBY CERTIFVTHAT
THIS PLAT WAS PREPARED FROM ANACTUAL SURVEY
MADE ON iHEf'RW ND AND VNDER MY SUPERVISION.
PLAT SHOWING
~~
Y
TEMPORARY WATERLINE
CONSTRUCTION EASEMENT
0.292 ACRES (12,718.7 Sq. AY.)
R~7(L AAL7CBIT A.P.L9. N0. 6679 '.e 55J3 SITUATED IN THE G.M. DOLSON SURVEY
GATE: NOVEMe6q 7.2012 ~FESS\~'•P•. ABSTRACT NO. 720, BEING A POfTRON
PROJECT NO.: 7729.8468 ~• OF LOT 1, THE VILLA AT GARDEN RIDGE
DRAWNSY: RLH SUBDMSION, AS SHOWN ON A PLAT
RECORDED IN DOCUMENT NO.
ra 200708024408, DEED & PlA7 RECORDS
~~ COMAL COUNTY, TEXAS
7 FORD ENGINEERING INC.
-- EnaxE6aNe Fuwrma oEVtT.aexExr
1f9P YrtE(IBNE, suRefw.9fJlANlQYIO, TE]f0.4reNl. rJlq~flP TSPE NO. F-7162