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13-R-22 - Cottonwood Abandonment & ReleaseRESOLUTION 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 STORIVIWATER DRAINAGE EASEMENT AGREEMENT WITH OVERMAN PROPERTIES iI, LTD., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schez•tz (the "City") has recommended that the City abandon and z•elease a portion of an existing drainage easement located in the Cottonwood Subdivision and enter into a Stoz~nwater Drainage Easement Agreement with Overman Pzopez•ties II, Ltd.; and WHEREAS, the property is a thirty foot (30') drainage easement that has been cz•eated and dedicated pursuant to plat zecorded in Volume 7, Page 677 of the Plat Records, of Guadalupe County, Texas; and WHEREAS, the portion of easement to be abandoned and released is a tract of land compz•ising 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, Biock 1, COTTONWOOD SUBDIVISION, according to the map or plat thereof recorded in Volume 7, Page 677, Plat Records of Guadalupe County, Texas; said Propez•ty being more particulaziy 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 incozparated herein and made a part of for all purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to abandon this portion of the existing drainage easement as outlined in Exhibit A and enter into Storznwater Drainage Easement Agreement with Overman Properties II, Ltd. for a thirty foot (30') 0.066 acre drainage easement as outlined in Exhibit `B", which includes a freld note description and sketch of the new per7rranent easement; and BE IT RESOLVED BY THE CITY COUNCIL OE THE CITY Oh' SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Managez• to execute the Abandonment and Release of Portion of Existing Drainage Easement as outlined in Exhibit "A" and execute and deliver the Stormwater 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 tzue, and such recitals are hereby made a part of this Resolution far' all purposes and are adopted as a part of the judgment and findings of the City Council, ~~ . _; _ ~ Y .. -. _ . ~ _ _-_ ~ I _.~. -. - . Lt F. ~. _ _ . -..~ ~, -~ _~ ,, ~~ EXHIBIT A ABANDONMENT AND RELEASE OF PORTION OF EXISTING DRAINAGE EASEMENT EXHIBIT B STOR'ViWATER DRAINAGE EASEMENT AGREEMENT A-1 ~~~C ~014~?D P~0781 AFTER RECORDING RRTURN TO: Samantha Dyal FtElbright & Jaworski L,L.P, ""~~ 300 Convent StreeE, Suite 2144 San A~rtonio, Texas 78245 ~ ,"~~ Q $ ~ ~~° NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAI.a PERSON, YOU MAY REIYIOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROI~I 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, STORNIWATER DRAINAGE EASEMENT AGREEMENT THE STATE OF TEYAS COUNTY OF GUADALUPE KNOW ALL PERSONS BY THESE PRESENTS: THAT OVERMAN PROPERTIES II, LTD, a Texas limited partnership {the "Grantor"), for and in consideration of the Burn of Ten and No1104 Dollars ($14.00) and other good acrd 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 aclCrrowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY f~nto tare Grantee, its successors and assigns, subject to the terms hereof, {1) a permanent exclusive easernerrt and right-of=-way upon, across, and beneath real property! located irr Guadalupe County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (tlte "Permanent Easement"}, and being a 0.0G6- acre portion of drat 1.GG~l-acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 7, Page 677 of the Official Public Records of Guadalupe County, Texas (the "Premises") The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a storrnwate~• drainage line (the "Storm~vater Drainage Line"). The Easements herein granted are subject to the tollo~;ring terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (l) The Permanent Easement herein granted shall be located across a 30-foot wide strip of land and shall be perpetual until the earlier to occur of {a} fire permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or {b} the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by wliieh the Grantee, or its successors or assigns, as applicable, abandons and releases the Permanent Easement. (2} Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otlrerivise interfere with the continued use of the Stonnwater Drainage ~~~~o~o ~~~~8~ Line, nor shall any such persons erect or permit the erection of any buildings, slabs, structtres, or other improvement within the boundaries of tl~e permanent Easement, ar which would otherwise interfere with the Stormwater Drainage Line's continued use and maintenance. With respect to any buildings, slabs, structures, or other irttprovements encroaching on tl3e Permanent Easement as of the date of this Agreement, the Grantee shat! have the right to remove srrch building, slab, structttre, or improvement to allow for the construction, operation, maintenance, or repair of tltc Stormwater Drainage Line. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either tlae Permanent Easement, 'f'o the extent that construction of the Stormwater Drainage Line results in the removal of brush from the Easements, the Grantee shall arrange far the disposal of the brush at the Grantee's sole cost and expense. (3} The Easernetrt herein granted shat! run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, ar~d their respective successors, assigns, and legal representatives, and sha11 be binding upon all parties having or acquiring any right, title or interest in the premises or any portion thereof, (4} Should it become necessary at any time subsequent to completion to the constriction of the Stormwater Drainage Line for the Grantee to enter tl~e Grantor's prerrtises for the purpose of maintaining, repairing, operation, or altering the Stortwater Drainage Line in any way, the Grantee shall, after each entry upon the premises, leave the premises substantially in the same condition that it svgs in prior to such entry to tl~e 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 thou tenants, or any of such persons' respective agents, employees, licensees, or invitees, then strclt owner or owners shall be responsible far promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or• its stccessors ar assigns, as applicable) shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of tl7e premises. (5) The Easement is further made subject to a!1 validly existing easements, 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 lfereof. (6) The Grantee trray exercise its rights hereunder directly by its employees ar by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto'anyrvise belonging rmto tl~e Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement tmta the Grange, its successors and assigns, against every pec•son sov~©~6a.i - 2 - ~o~~o~o ~so~s~ ~vhatnsoever lawfully claiming or ko claim the same ar any part thereof, by, through, or ender the Grantor, buy not otherwise, subject, however, to the natters set forth herein, Executed to be effective as of _, 2013 (the "Effective Date") (sigrratrrrc~s mul ackrto~c~lec~ger~rerrt.s vyi the fc~Ilatvitrg pages] ~swta~~z.- - 3 - ~o~~o~o ~~o~~~ This instrument has been executed as of the dates of tine acknowledgments to be effective as of the Effective Date. GRANTOR: THE STA'T'Ir Off' ~~_' j{rc.5 j COUNTY OI' ~~Ia I e OVERMAN PROPERTIES II, LTD, a Texas Knifed parMership y ~. ~ ~` ,, , ,, ,,,,,,, , ,, Name: `~~ -Z ..r r ~ .~.. Y This instrument evas acknowledged before me on the ~ s day of ~ , 2t~ 1,3 by 7~~ V•r,~rvv~;~.t , as o~vrwd' ©fi OVERMAN PROPER IES IT, LTD, on behalf of such a Texas limited partnersifip. (SEAL) ~.a.... ~ Naluy Pt~PEC, 8sa~e d'~as ~ `• ~ ~Iy Conte ,;~;~~,i JUNE i 5, 2t~16 ~a Notary public in and for The State of T~X~a My Commission Espires:_ ~~,, ~~_~ Z~1 ~ so~-a~~z.~ - ~} - ~o~~o~o ~~0~85 GRANTEE: CITY OF SCHERTZ, a Texas m-~nicipal corporation John ~ essei City iYlana~e~-, City of Schertz TH1~ STATE O1+ TEXAS COUNTY Op' GUADALUPE This instrument was aclcnolviedged before me on the ~ day of ~ ~ > 2013 by John C. Kessei, as City NEana~er of the City of Schertz, on 6ehaEt of such C~fy. (SEAL) ~, SARAH i=, GON~AI.EZ ~~ ~~~- Notary Publk State of7e~s Notary Public in and for ~ My Comm. F~p.~-31-2015 The State ofTexas M Commission E,: fires: ~ O~ " ~ ~~ y p sobifl7sz.~ - S - ~~~~o~o ~~0~~6 LIENIiOLDER CONSENT TO GRANT OF A STORi1~IWATER DRAINAGE EASEMENT AND SUBORDINATION Tl~e unde~•signed hereby certifies that AMERICAN BANK OF TI+;XAS, a state banking association, is the holder of a Deed of Trust upon the property described in the fo~~egoing Stormwater Drainage Easement Agree~nent, anti that tl~e undersigned hereby joins in and consents to the foregoing Stor~nwater Drainage Easement Agreement executed by the owner, OVERMAN PROPERTIES II, LTD, a Texas [iEnited partnership, and agrees that its Enortgage, lien or other encumbrance, which is recorded in Volume 3108, at Page 9Q~ in the Official Public Records of Guadalupe County, Texas, shall be subordinated to the foregoing instrurr~ent, IN WITNESS WHEREOF, the party l~eretmta have caused this instrument to be execrated as of the date of the acknoiviedgrnent to be effective as of the Effective Date. AMERICAN SANK OF TE~YAS, a state banking association -° B~: Title: S ~/p ACKNOWLEDGMENT STATE OF i a xct 5 COUNTY OI~ C-~ ua<tn ~ wee Before me S~~P4,t~~;e S<«<tn-~,,,~ (Notary nat~e), Notary Pubiic, on this day personally appeared s~hn o. T~s ~~~. <,.,,~; v~,G4 ~;.,: ~~,~~- of American Bank of Texas, a state banking association known to me to be the person whose Hama is subscribed to the foregoing instrument and aeknowiedged that hefshe executed the wine for the purposes and consideration therein expressed. Gwen EEnder my hand and Seal of office this Z~d~`"day of N~c~reh , 2~ { 3. `~ ~""~ STEP}IAl~lr P. SCALIATI~ ~~~~,•~ JUNE} g1 ~~ Notary Public, State of ~exaa so~ioa~~, i - G ~O1~0~0 PQ~7~' FIELD NOTES DESCRIPTION PROPOSED DRAINAGE EASEMENT A 0,066 Acre (2889,1 Sq. l<t.) Drainage Easement situated in the T, I-lerrera, Survey Na. 68, Abstract No. 1 S3, being a portion of Lat 4, Black 1 of the Cottonwood Subdivision as shown an a plat recorded in Volume 7, Page 677 of the Off'zcial Public Records of Guadalupe County, Texas; being mare particularly described as follows; BEGINNING: at a concrete nail set an top of a concrete wall on the Southern line of that certain 11.804 acre tract of land conveyed to Carwash Partners, LTD, in Volume 2452, Page 661 of the Official Public Records of Guadalupe County, Texas far the Northwestern comer of Mesa Oaks 2, Unit Na. 2 as shown an a plat recorded in Volume 7, Page 418 of the Official Public Records of Guadalupe County, Texas, the Northeastern earner of Lot 4, Black 1 of the said Cottonwood Subdivision, for the Northeastern corner of this drainage easement; THENCE: S 30°41'40" E - 111.33 feet along the Eastern line of Lat 4, Black 1 of the said Cattanr~vood Subdivision, the Western line of the said Mesa Oaks 2, Unit No, 2 to a point for the Northeastern corner of an existing 30 foot drainage easement shaven on the plat of the said Cottonwood Subdivision, for the Southeastern comer of this drainage easement; THENCE; N 75°36'52" W - 42.49 feet across said Lot 4, Block 1, along the Northern line of the said existing 30 feat drainage easement to a point for the Easternmost Northeastern corner of a portion of the said existing 30 drainage easement to he ~ abandoned, this day described, far the Southwestern carver of this drainage easement; ~ THENCE: N 30°41'40" W -- 81,28 feet across said Lat 4, Block 1 to a point far corner ~an the Southern line of the said 11.804 acre tract, the Northern line of said Lot 4, Black 1, far the Northwestern tamer of this drainage easement; THENCE: N 59°23'08" E ~- 30,00 feet along the Southern line of the said 11.804 acre tract, the Northern line of said Lat 4, Black 1 to the POINT OF BEGINNING and 1427 WYE DRIVE, SEl1TE t04, SAN ANTONI©, TEXAS 7x217 1210) 54©-4777 FAX: 540-4440 1-800-332.311)4 i~leb SEES: www.Fordengineering,cam TBPE Na. F-t 152 VOt4070 PQ0788 Ij_FORD ENGINEERING INC. gage a o,~a containing 0.066 acres (2$$9.1 ~cl. Ft) of land, according to a survey made on the grarend under my supervision; Corresponding plat prepared. 2312.00 Drainage Easement .docx BEARiiYGS ARE BASED OIV I.A~IBERT GR1'D, TEXAS STATE I",~ANE, SOUTH G~NTRAL zo1YE NAD $.~~~,~: ,,, ~ Rex L. Hackett ~~iEXL.FiACKE77'- Registered Professional Land Surveyor .. ,,. ;. ,0 55"t3 ~.;' License Number SS73 ~~~~b SiJR~~Q 10427 WYt: t3RIVt:, 5UI7t: 104, SAtV ANTONt~, T>=XAS 78217 (2t0) 590-4777 FAX: 59Q-4940 t~800.332.3tQ9 Web Si[e: www.foCdengineering.com 7BPE No. F-t tG2 J .- ~ ,. J~ /i /~/ /~ ~/~ ~, ~ ~ P.0.8. ~~ ~ 30, ~~S•~~3~` ~ E4 .~' .,. ~\ S ~J~ ',~~~~k~ i45 a15~` ter. Z `1~Ap ~ R\~ ~P o. \ a~ i ~ ~ ~ OF ORA~NAG£ E3'lyf: l0 g ~ nn ~~~ 7\ ~'~~ >„5 E NYC ~ ~,~ S rsye•--- .N \ \s1i~ `-'ic,. ~. t3 ` ~ t ~ i~`~ i~ 43ty8 ~lCF $~ q~~N~' , ¢24g, ~, / 6' J ~jS~ ; ,~ ~..' f p, _ 1 \ ly ~ sz" rv '~ ~? . ~ ~~ \ ~ ~' ~ ;~ ~ g a'\~c~ \ ~SgO~61,1 5 \ ~'N~ \1 ~ ~ \\ ~ ~ ~ ~ 1..aa.. ~ ~ ` ` ~ ,,p ~ata~~ g LG i ~ ~ , \ •~ Go V~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~\ ` 1 ~ \ \ `\ \ \ 6TT ~ ~ Ga ~j ~, ~,_ ~~~p~' 6~ i ~~~REX 1. FIACKETF PLAT SHOWING STATE OE TEXAS ; '".0 5573 ~..~ COUNTY L3:' GUAQAtUPE : C,~.©FpS~S~~~"4~ 2$$9.~ Sq. Ft. I, REX L RACKETY. 00 HEREE3Y CERTIFY THAT ~ SL+'tc`3" PRGPOSED C3F2A1NAG~ E.45Etv!>=N'1" TEtiS PLAT WAS PREPARED FROI,i AN ACTUAL 5URVEY ALONG fY1TN R 6.099 ACRE' 1.1agE ON GF?OUNO ANO UNOER MY SUPERVISION. d349.8 5g. ff. DNAINACE £A5EMEA!F 7O 8E A8AlYDDNE"D SITUATED 4N THE T. HERRERA SURVEY SURVEY N0. 68, ABSTRACT N0. 153 R G AACisBTT R.P.L.S. NO. 5573 BEENG A POf(i[ON flF L47 4, BLOCK 1 OF THE COTTONWOOD SUBONISION DATE: O5-1Q-2412 AS SHOWN ON A PLAT RECORDED SN PRO,;ECT NO.: 2J12.00 VOtLIR4E 7, PAGE 677 OF THE OFFSCWL ORAYrN 6Y: R.L.H. RECORD5 01: GUADALUPE CO., TEXAS p ,.=a. Socl.ky of ,~ yeet.ssk~c6 y~ -- ~ FORD ENGINEERING INC. ~~.,,,..~ F?+ca+t:~a a.utaura • 4ev~kcvN~r u~acx ~ 14827 Yhc CRilr~ ~,'1i'E k4l, 5AH FNT44ii0, TEtAS 78217, {2t4) 344-4777 TLPE N0. F--1162 ~3 ~© CSJ l~ 9 ~o~4~lp ~s079o GpVt1TY Cp~~ -~~`~r ~~.~q~~ f°~ ~ courr~~ This page Etas been added by fhe Guadalupe G#aunfy Clerk's office to comply with the statutory requirement that the clerk shall stamp the recarciirtg information at the foot ©f the Iasi page of the document. 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