13-R-59 - Schertz 1518 LTD Drainage LineRESOLUTION NO. 13-R-S9
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PERMANENT EASEMENT FOR
CONSTRUCTING, OPERATING, MAINTAINING, AND REPAIRING A
DETENTIONITREATED EFFLUENT HOLDING POND AND A
TEMPORARY CONSTRUCTION EASEMENT FOR THE PURPOSES OF
FACILITATING THE CONSTRUCTION OF A STORM DRAINAGE
LINE WITH SCHERTZ 1518, LTD, A TEXAS LIMITED PARTNERSHIP,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City execute and deliver a permanent easement for the purposes of constructing, operating,
maintaining, and repairing a detention/treated effluent holding pond and a temporary
construction easement for the purposes of facilitating the construction of a storm water drainage
line and of the detention/heated effluent holding pond (the "Detention/Treated Effluent Holding
Pond" and "StoiYn Water Drainage Line") with Schertz 1518, Ltd, for the use, benefit, and
control of Schertz 1518, Ltd ("Grantee"); and
WHEREAS, Schertz 1 S 18,. Ltd. granted a tract of land to the City of Schertz for a future
park; and
WHEREAS, the "Detention/Treated Effluent Holding Pond" and "Storm Water Drainage
Line" provide for improved flow of drainage across the City's park property; and
WHEREAS, "Detention/Treated Effluent Holding Pond" provides for an amenity to the
City Park that benefits the entire community; fair market value appraisals have been obtained on
all of the property that will be covered by the Water Easement Agreements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute and deliver to the Grantee the Detention/Treated Effluent Holding Pond Easement and
Temporary Construction Easement Agreement attached hereto as Exhibit A.
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 Detention/Treated Effluent Holding Pond Easement and Temporary Construction
Easement with Grantee in substantially the form set forth on Exhibit A, with such minor
modifications that may be authorized by the City Manager, in consultation with the City
Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the
Water Easement Agreements attached hereto.
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. A11 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 ~1. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United Statcs 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 offcially 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 23rd day of July, 2013.
CITY ,TEXAS
Michael R. Carpenter, Mayor
Dennis, Ciry Secretary
(CITY SEAL)
EXHIBIT A
EASEMENT AGREEMENT
56514301.1 A-1