13-R-42 - Arroyo Verde Homeowner Association - Drainage EasementRESOLUTION NO. ]3-R-42
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A
PERMANENT DRAINAGE EASEMENT IN THE ARROYO VERDE
SUBDIVISION AND AUTHORIZING A DRAINAGE EASEMENT
AGREEMENT WITH THE ARROYO VERDE HOMEOWNER
ASSOCIATION, INC. AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City"} has recommended that the
City authorize the acceptance of a permanent drainage easement (the "Easement") in the Arroyo
Verde Subdivision and that the City enter into the Drainage Easement Agreement set forth on
Exhibit A (the "Agreement"} with the Arroyo Verde Homeowner Association, Inc. (the "AV
HOA") in connection therewith; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the acceptance of the Easement and to enter into the Agreement with the AV HOA;
and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the acceptance of the Easement and
further authorizes the City Manager to execute and deliver the Agreement with the AV HOA.
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any provision of tlus Resolution are hereby repealed to the extent of such conflict, and the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 adapted was open to the public and public notice of the time, place, and subject
matter of flee 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 28th day of May, 2013.
ATTEST:
renda Dennis, City Secretary
{CITY SEAL)
EXHIBIT A
DRAINAGE EASEMENT AGREEMENT
A-1
G YO14090 P60038 ICJ" ~1~.442
AFTER RECORDING RETURN TO:
Katherine A. Tapley
1?ulbright & Jarvorski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
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.
DRAINAGE EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT Arro o Verde Homeowner Association Inc, {the "Grantor"}, for and in
consideration of the sum of Ten and No1100 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, a permanent
exclusive easement and right-of--way {the "Easement"} upon, across, and beneath that certain
real property located in Guadalupe County, Texas, as more particularly described in Exhibit "A"
attached hereto and incorporated herein for all purposes (the "Pro er "), for the purpose of
utilizing, operating, maintaining, and repairing a drainage pond, ditch, andlor channel and any
and all related infrastructure and improvements, including, without limitation, the installation of
reinforced concrete pipe, rock headwall, and rock riprap, as well as on-going maintenance and
repair or replacement of outfall as required, together with the right of access, ingress, and egress
for such purposes.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
{1) The Easement herein granted shall be perpetual until the earlier to occur of {a) the
permanent and affirmative abandonment of the use of the 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 which
the Grantee, or its successors or assigns, as applicable, abandons and releases the
Easement.
(2) Neither the Grantor nor any successor owner of the Property shall disconnect,
disturb, or otherwise interfere with the continued use of the Easement, nor shall
any such persons erect or permit the erection of auy buildings, slabs, structures,
improvements, or obstructions within the boundaries of the Property, or which
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would otherwise interfere with the Easement's continued use and maintenance.
With respect to any buildings, slabs, structures, improvements, trees, brush, or
other obstructions encroaching on the Property as of the date of this Agreement or
in the future, the Grantee shall have the right to remove such items to allow for
the use, construction, operation, maintenance, and/or repair of the Easement.
(3) The Easement 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 Property or any portion
thereof
(4) If any repair or replacement activities become necessary as a result of the acts,
omissions, or negligence of the owner or owners of the Property or the Grantee's
premises or any of their tenants, or any of such persons' respective agents,
employees, licensees, or invitees, then such owner or awners 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)
shall be entitled to do so and to recover all reasonable costs therefore (including,
without limitation, reasonable attorneys' fees) from the owner or owners (jointly
and severally) of the Property or the Grantee's premises.
(5) The Easement is further made subject to all 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 hereof,
to the extent that the same are valid and subsisting and affect all or any portion of
the Property.
(5) 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 Easement 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 Easement unto the Grantee, its successors and assigns, against every person
whomsoever lawfully claiming ar to claim the same or any part thereof; subject, however, to the
matters set forth herein.
This Agreement is effective upon the execution of this Agreement by the Grantor and the
Grantee (the "Effective Date"):
~ signatures and acknowledgements on the following pages ]
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This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
8
By;
Name: ~,o~y ~ C/~ co
Title: ~y~Qr ~fESi O~e~i'
THE STATE OF ~.7
COUNTY OF ~~ §
l
T is instrument wa ackn wled~ d b are eon the ~ day of ~ 2013 by
Q as ~f ~' ~ on
beh of such
{SEAL)
~"'' SARAH ~. GON7_ALEZ Notary Public in an fo
Notary Public ~ ,~`~s
State of Terms The State of ~~~
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My Commission Expires: ! ~ ~ ~ ~ 0
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GRANTEE:
CITY OF SCHERTZ,
a Texas municipal corporation
John Kessel
City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the p~" 1 'day of~, 2013 by
john C. Kessel, as City Manager of the City of Schei~tz, a Texas munici al cor ora~ibn, on behalf
p p
of such City.
(SEAL)
~ SARAH E. GON7ALEZ Notary Public in and f
Nary P°~~~~ The State of Texas
~ State of Terms
MYCoram, Exp.10-31-1O1fi ~ l nn
My Commission Expires: ` O ~ ~ V
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Y0~4090 Q6004
EXHIBIT A
Leal Description of the Property
Lot 3, Block 1 of the Arroyo Verde, Unit-1 Subdivision, as shown on the plat thereof recorded in
Book Volume 6, Pages 73-74 of the Plat Records of Guadalupe County, Texas.
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~~~~o Foe RECO~o
~3 HAY 30 PM 4~ 02
;~RESA K}~l.
COUNTY Cl.ERIt GUAOAL 4E COt1NTY
er
STATE OF ~FE)G4S
COUNTY OF GUADALl1P~
certify thin instrument was FILED orF the
date and at the time stamped ttier~eon and
waa duly retarded In the Qlfidal Pablic
Records oT Guadalupe Courd~~'y,I//Taxes
uO~~ZY CpG~ /fl _ _ _
~~~ ,[~
~¢ 7ERE5AKIEL
+'1 ~, Guadalupe County Glerk
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