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13-R-22 - Abandonment & Release of easement CottonwoodRESOLUTION NO. 13-R-22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ABANDONMENT AND RELEASE OF A PORTION OF THE EXISTING DRAINAGE EASEMENT IN THE COTTONWOOD SUBDIVISION AND AUTHORIZING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH OVERMAN PROPERTIES II, LTD., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City abandon and release a portion of an existing drainage easement located in the Cottonwood Subdivision and enter into a Stormwater Drainage Easement Agreement with Overman Properties II, Ltd.; and WHEREAS, the property is a thirty foot (30') drainage easement that has been created and dedicated pursuant to plat recorded in Volume 7, Page 677 ofthe Plat Records, of Guadalupe County, Texas; and WHEREAS, the portion of easement to be abandoned and released is a tract of land comprising 0.099 acres (4349.8 square feet of land) situated in the T. HERRERA, SURVEY b8, ABSTRACT NO. 153, being a portion of Lot 4, Block 1, COTTONWOOD SUBDIVISION, according to the map or plat thereof recorded in Volume 7, Page 677, Plat Records of Guadalupe County, Texas; said Property being more particularly described in the attached Exhibit "A", which includes a field note description and sketch of the portion of the Easement to be abandoned, and which is incorporated herein and made a part of for alI purposes; and WHEREAS, the City Cauncil has detei•~nined that it is in the best interest of the City to abandon this portion ofthe existing drainage easement as outlined in Exhibit A and enter into Starmwater Drainage Easement Agreement with Overman Properties II, Ltd. for a thirty foot (30'} 0.0b6 acre drainage easement as outlined in Exhibit `B", which includes a field note description and sketch ofthe new permanent easement; and THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section I. The City Council hereby authorizes the City Manager to execute the Abandonment and Release of Portion of Existing Drainage Easement as outlined in Exhibit "A" and execute and deliver the Stoi~nwater Drainage Easement Agreement with Overman Properties II, Ltd. as outlined in Exhibit "B". 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 controIling 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 b. It is officially found, detei~nined, 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 26th day of March, 2013 CITY CHERT S - --~ ich e R. Carpenter, Mayor ATTEST: ., Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ABANDONMENT AND RELEASE OF PORTION OF EXISTING DRAINAGE EASEMENT EXHIBIT B STORMWATER DRAINAGE EASEMENT AGREEMENT A-1 AFTER RECORDING RETURN TO: Samantha Dyal Fulbright & 3aworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 75205 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. ABANDONMENT AND RELEASE OF PORTION OF EXISTING DRAINAGE EASEMENT EASEMENT: Thirty foot (30'} Drainage Easement having been created and dedicated pursuant to plat recorded in Volume 7, Page 677 of the Plat Records, of Guadalupe County, Texas. EASEMENT HOLDER: City of Schertz, a Texas municipal corporation EASEMENT HOLDER'S MAILING ADDRESS: 1400 Schertz Parkway Schertz, Texas 78154 PORTION OF EASEMENT TO BE ABANDONED AND RELEASED {the "Property"): A tract of land comprising 0.099 acres (4349.8 square feet of land) situated in the T. HERRERA, SURVEY 68, ABSTRACT NO. 153, being a portion of Lot 4, Block 1, COTTONWOOD SUBDIVISION, according to the map or plat thereof recorded in Volume 7, Page 677, Plat Records of Guadalupe County, Texas; said Property being more particularly described in the attached Exhibit "A", which includes a field note description and sketch of the portion of the Easement to be abandoned, and which is incorporated herein and made a part of for all purposes. CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration For the consideration, Grantor hereby ABANDONS and hereby RELEASES the Property from the Easement and from all other rights which Easement Holder may have in the Property. signatures and acknowledgements on the following pages ] 50610784.1 EXECUTED to 6e effective this the ~ day of , 2013. THE STATE OF TEXAS COUNTY OF GUADALUPE CITY OF SCHERTZ, a Texas municipal corporation By: Name: John C. Kessel Title: City Manager This instrument was acknowledged before me on the day of , 2013 by John C. Kessel, as City Manager of the CITY OF SCHERTZ, a Texas municipal corporation on behalf of such corporation. (SEAL) Notary Public in and for The State of Texas My Commission Expires: 50610751.1 - 2 - EXHIBIT "A" i FORb__ ENGINEERING, INC._. motet 1~, 1~ ~~Q 1 ~e Ft~e~tl+f~, ~~1~.~~ FI~I_.I~ NC~TiE >~~~It A]$ANb~N~liiIT {~~ all~I~A~GL~ ~~~1VI~C~'~ A ~.4~9 ~cr~ (~~~9.8 ~~. F~,) i L-'a9cvx~ent tv ~~t1cE~nexl situ~te~l itx # T. C~errera, Srrave~ Na. ~$, Al~taact loo. i,53, ~i~r~ a p4r#iotl ~~ I:c~t A, ~l,~clc 1 ¢~ t~ ~attonwaod Sulam#v,siar, ~~ awn on ~ ~I~t r~ord iz~ '~oGwne 7, i'~c G?7 +~f tiee t~~~l l~blio R~~rr+l~ of tJ~a~~ Cuunt~-, ~'cxs~; b~n~ tnor~ pie~-i~C~~ ii-ib~tl ens f+bllows: BIE'~II~~i~; at a pcsint tnr the iVartix~rr~tncrst t~I~r~~'~steel'i e~mer of en earistirr~ ~~ #'~a# drairm~~ ees~ shown ate tlt~ Cwt#nn~ua~d S~I~d~viaic~ c~ the I~rBi~,ri lines cif Lat 4, Bha~fs 1 ~~ ~~id ~a~w~ati Sa~bdiv~s;~~, tl~a Soutl~sri lip aftltini ~rl~iai 11.8'Q4 a#° lar~~ cor~v4y~d t~ Carwa~sil LT'D. ~n Y~lurna ~~2, ~ tl cal ~c r~ Pc~lili~- Recoa~ of Gualcrpe C~l~nty, Tex, Cxa~~ why a ~' xa~til se# Ull 6alr of a ie well r tie Nlxttite~etern earn.~r of 5~3d I.ot ~., l3l,~clc 1, tlst~ ~Icrrthwtrtl corrree of A~u~ O€~s ?, f 1~1t l~lo, ~ a,~ sha~rn +~ti a pig rr~rded In 'Vall~~c 7, l'a 4i8 of the 4~'roiai I~1~1~1i~ Ree~~ ut ~an,iu~~ ~q~!['1Yy, ~' he~~ N l ~. ~: S 7'S°3d'~~„ B ~ 11~t9~ f~~t alsro~ Bald Irr~t #, plQ~iC I arxd al~ung tit+~ tth~rn Iine of tha exis~la~ ~~ drams ~o;~mQl~t to ~ point fate u~atttlsf~`q aonl~x a p~a~vs~cl t}.(' er~re clr~inaga a®eert, #tris de~~+ ~cscti~ri„ far tt'~ Ea~t~i`r1~a~t o~rtkel~ of the ~rairrago ~mtat ~ >~ a6a~dan~d. B~~ ~ 34°~~'~b1' ~ -- 42,~~ fit to a pa3nl fix' a C(t~7ler of tlxet ~xi$th~ 3~ fao# rinage Gent, Fcsr the ~cr~`ia~t° ~+~utheasteru comer of this drnli~ ~~enx b~ ~n~, ~t~+: 1~ 75°~t~`5~" W - 37i.Q4 Feet e~on~ a ~d~-th~an Iiius of ll~ gxistiax;~ 3Q ~ ernent t~ a point ~t the Nc~rih~l~t iite? oi' seu~1 Lat ~, Blq~k 15 Eh~ Satt#l~~rn o~the said 11.~~4 axe tx't, t'at tt~ Norti-ui~rn ccsmcr o~tho lsxisting 30 drai~x ~n~nt, fur ~e l~ariilwetl ~r-n~ afiliia tir~in n~r1 #a be l~bz~id~atr~d. 50610784.1 A- RI) ENC RING. I~iC. Page Z d~'2 THE~~ : N 59x23'{)8" ~ ~Y 42.x#3 fie~E axc~r~ the Nvrltlcrri liil~ ~~ said Ln# d, Mock t, the Scru~em tine of tha said 11.804 aexe 1 to #h~ P41N`T ~F B~GIN[+E and rvr~sittitig x,[199 ages [4349.8 Sq. ~'t) af.lpt~l„ ctding la ~r .~rrtiay Dada a~ rhE grntrMd tattler mp auporvislo~~; . ~.`orr~on+~ing plat pr~trnred- ~312,~1 Abanda~dlnel-l o~~€eia~~q 1rlent ~doex f F~4.l;IN~'.4I~~ $.4S~D (3N 1N~e~f~~~~' GRiIf, x.4.5 ~~A~'~ PL~lN~, ~Q~J7H ~,~'~1NE'1~A.i) 833. t r ~4K Y,. HBC,}CGtt ~' Registered Profms~~Fl~l ~amd Stm+ayor ~ N~1~r S5'l~ 50610784.1 E~-2 Y f{ f ~~r !x s ~r~ r !~ t~ s ~~ .' g 2~ 4 ~ w` J /~ 1 ~ ~ I I' { rf ~ r ~ t ~a 1 i~~,~ r~ P.Q.E3_ ,._ .~ yr ~~~ 8E ~tBANtlDN£D { ~`' ~r'r ~" r ~AEX L. ~HACKETT - '-.o ~~ S:f73 ~ ~.. ti ~~ 1 s k _ ~ STATE QF TEYA"s Ct}UNTY QF GUA4ALUPE I, RESC L. HAGKE7T, 40 HEREBY CEizTfFY TFfAT ' THIS PLAT YIAS PREPARED FR01'.i Afd ACTUAF_ SURVEY AiAGE DNy1FfE Gr~OUND AND VNDEi2 f~]Y SIiPERV15~c~+1, RSr'~ I.. lA~if;.fQ:I'1' f2,P.~sr`. 11Fi;. ffe%S RATE: 0.~-10-20112 PRB.£CT H4.: 2312.44 DRA41N B7e f7.LH. D s dsgtt,u,t~~ t ter` ~d I~ r~ Jr ~~ ~ corrc+~ rat ~~ v mr ar~ oo+va Pi13T SHC]541NG O. QC ~ ~.C': ~2~5 259.'1 Sci. Ft. PRQI~O~ED DRAINAGE SASS=ivfEfVT ALD,iiG W1Tl-- A O.O.sa9 ACRE 4349.8 Sq. Ft. O.gi41lYAGt;' F}IS~MENT' 70 8r" A&lfVDDNEb SITUATED IN 'IEEE T. FlERRERA SURVEY SURVEY M4. 68, A85TR>1GT Nd. 753 eEIIVG A POR'TiCiN dF LOT 4, BLOCK 7 OF THE COTTOyWOW suBOn~lsla~l AS SNOl4IN ON A p1~7 RECpRDfC1 EN ~LU-+1E 7, PAS#>_ 8T7 OF TFiE OF1=1C1AL RECORDS Or GUAQALUPE Cs3., 7i<7{p5 Tv~m ~.~. p~ _ R~ a~ -- - ~,+.~ FORD EN~~NEER3]~G INC. fliGdiLSEi[filA • PI.#7YN1!{Q ----°- ag4E4.aP4iFtlr IdG114ER .R3fG93R 149a~ wry oAivE, sv~~ Boa. 9~t+ ~Hrcana rxns 78317. (?ta) 59a-+n~ TBFE fad. F-~~62 -