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01-14-2014 Agenda with Backup (2)MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 14,2014,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 ► 5:00 P.M. INDIVIDUAL PHOTOS & RETAKES -4 Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery, Schertz United Methodist Church) City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specif c factual information given in response to any inquiry, a recitation of existing policy in 01 -14 -2014 Council Agenda response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 7, 2014. (J. Kessel /B. Dennis) 2. Resolution No. 14 -R -06 — Consideration and /or action approving a Resolution appointing Jake Jacobs to the Board of Directors of the Schertz Seguin :Local Government Corporation, and other matters in connection therewith. (J. Bierschwale /J. Bierschwale) 3. Ordinance No. 14 -M -03 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement with the City of Cibolo, Texas, and adjusting the boundaries of the City of Schertz, Texas in accordance with such Agreement; repealing all Ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective date. Final Reading (B. James /B. James) 4. Resolution No. 14 -R -01 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road from Peter S. Velasco and Pamela R. Velasco in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way dedication by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) 5. Resolution No. 14 -R -02 — Consideration and /or action approving a Resolution approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road and a Utility Easement and Temporary Construction Easement on FM 1518 and Maske Road from AMME Holdings, LLC in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way dedication by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 01 -14 -2014 City Council Agenda Page - 2 - • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Res!uiar Session 10. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 10' DAY OF JANUARY 2014 AT 10:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 01 -14 -2014 City Council Agenda Page - 3 - grevkAP Dev�v, 'bS Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619 -1030 at least 24 hours in advance of meeting. 1. 0111 ►[oIIK4M41u1111Ilaf_�►1IIwI_ Y1]► /_`g%,I Eli ►i►i111►W Mayor Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee TIRZ II Board Councilmember Sca2liola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 01 -14 -2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 1.4, 2014 Department: Subject: City Secretary Minutes The City Council held a regular meeting on January 7, 2014. WLTG • �On None Staff recommends Council approve the minutes of the regular meeting on January 7, 2014. Minutes — regular meeting January 7, 2014 MINUTES REGULAR MEETING January 7, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 7, 2014, . at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember David Scagliola Councilmember Matthew Duke Staff Present: Executive Director David Harris Executive Director Brian James City Attorney Kathryn Tapley City Secretary Brenda Dennis Councilmember Cedric Edwards was absent. Call to Order Mayor Carpenter called the Regular of Allegiance to The Fellowship e United St Mayor Pro -Tem Jim Fowler Councilmember Daryl John inageT John Kessel ve Director+ John Bierschwale f Staff Bob Cantu City City 02 p.m. States and The State of provided the invocation followed by the the State of Texas. (D. Harris /J. BierschwaleB. James) Director of Support David Harris who provided the and upcoming events: • Thursday, January 9, 2014 — Northeast Partnership Meeting — 11:30 a.m. Olympia Hills Gold' and Conference Center • Monday, January 13, 2014 — Northcliffe Waterline Upgrade Project Community Meeting — 6:00 p.m. — Community Center North • Tuesday, January 14, 2014 — Council and Management photos — 5:30 p.m. City Council Group Photos — City Council Chambers • Saturday, January 18, 2014 Selma - Schertz 5K Run, proceeds benefit Operation Comfort — Race starts at 9:00 a.m. from the Bluebonnet Palace. Mayor Carpenter and Mayor Daly to arrive at 8:30 a.m. Point of Contact is Director of Parks and Recreation George Logan at phone number 619 -1851. 1 -7 -201.4 Minutes Page -1- Mr. Harris stated that the January issue of the Schertz Magazine has been mailed out which included the A -Z Guide. He stated that the publication erroneously reflects the 2013 calendar of events and that a revision will be coming out soon. Mayor Carpenter stated that on Thursday, January 23, 2014, the Guadalupe County Mayors Association will meet at 5:00 p.m. to tour the new Justice Center in Seguin, Texas. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who: presented a City Manager Excellence Coin to outgoing City Attorney Katherine Tapley,foi'her dedicated service to the City, and especially for her work in representing the City during the Comal County Elections, recount, during the Amazon.com and Crossvine Subdivision negotiations. Mayor Carpenter recognized City Attorney Katherine Tapley who, ",then expressed her appreciation to the Mayor, Council & Staff for the opportunity she was given to serve as City Attorney. Presentations • Presentation and update on the Busch) Street Bond Projects (B. James /K. Woodlee/L. Kathryn. Woodlee and Engineer -In- Training 5entatior:itdating the Council on the City of ins from Council. They provided a summary ects, the original list of anticipated projects, action, and an estimate of the remaining fund This time.ts�set aside for any p on who wishes to address the City Council. Each person should.fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: 1 -7 -201.4 Minutes Page - 2 - • Mr. Ken Greenwald, 205 Westchester Drive, thanked City Attorney Katherine Tapley for her service to the City. Mr. Greenwald spoke regarding the need to enforce our Ordinance regarding no fire works within the City Limits. He stated that there was enough fire works going off in the City on New Year's Eve that you could smell the cordite anywhere you drove; he hadn't smelled that much since he was on the rifle range in 1959. He stated that if the City has an Ordinance on the books, then it needs to be enforced. • Mr. Dean Weirtz, 4301 Monument Pass, who spoke on the status of the dismissal of the partnership with the Comal County Senior Citizen Foundation and the City as requested by the Senior Center Leadership on September 17, 2013. Mayor, `and Council met with the seniors and acted to start the process to negotiate a separation of the City's relationship with the Foundation. As of this date the seniors have not heard about the status and outcome of the negotiations and requested that Council publish information on the status of the negotiations. Mayor Carpenter responded by saying the City able to provide factual iiltformation at this point. He stated that the Council has not moved away from their instruction and intent to separate our relationship with the Foundation. Cop that separation but that negotiation is still not corn much more to say about that is that negotiation discussed. When it is finished, the pity will be in a why, at this time, we can not share "that informat relationship with the Foundation and we mill comf with all the speed that we can. Consent Agenda Items ;ae instruction to staff to negotiate ;. The reason that 'we do not have necessarily and correctly privately ion to share the information. That is od. We are going to sever our our iid otiations for that separation ORDINANCE NO. 13 -H -51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER 54, NUISANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. 1 -7 -2014 Minutes Page - 3 - 3. Ordinance No. 13 -M -52 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, City of Schertz, Texas, Chapter 50, Miscellaneous Offenses and provisions by (1) repealing Article II, Insanitary, Unsightly, Etc., Conditions on private premises, (2) repealing Sections 50 -107, 50- 108, 50 -109, and 50 -110 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles, and (3) amending Sections 50 -105 and 50- 111 of Article III, Abandoned, Junked Property and Property found in violation of Ordinance, Division 2, Motor Vehicles; providing a severability clause; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale /B. Todd/K. Tapley) The following was read into record: ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF AMENDING THE CODE OF ORDINANCES, E CITY OP SCHERTZ, TEXAS ITY OF SCHERTZ, TEXAS, AND PROVISIONS BY (1) TLY, ETC., CONDITIONS ON 50 -107, 50 -108, 50 -1.09, AND 50- PROPERTY AND PROPERTY N' 2, MOTOR VEHICLES, AND 'ARTICLE III, ABANDONED, VIOLATION OF ORDINANCE, A SEVERABILITY CLAUSE; ORDINANCES IN CONFLICT FECTIVE DATE 4. Ordinance No. 13 -1) -53 Consideration and/oraction approving an Ordinance amending the Code of Ordinances City cif Se hertz, Texas, by adding Section 86 -18, No Obstructions in Street, t "Chapter 86, Tr affic and IOtor Vehicles, Article I, in General; providing a penalty clause; repealing all Ordinces or parts of Ordinances in conflict with this Ordinance; and .,providing an effective date. Fj I Reading (J. Bierschwale /M. Hansen/K. Tapley) AN ORDINANCE" BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BY ADDING SECTION 86 -18, NO OBSTRUCTIONS IN STREET, TO CHAPTER 86, TRAFFIC AND MOTOR VEHICLES, ARTICLE I, IN GENERAL; PROVIDING A PENALTY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 5. Resolution No. 14 -R -04 — Consideration and /or action approving a Resolution authorizing one (1) Sanitary Sewer Easement Agreement and one (1) Temporary Construction Easement Agreement with Marcantonio Enterprises, LLC for the Use Benefit, and Control of the City 1 -7 -201.4 Minutes Page - 4 - of Schertz for the Town Creek Sewer line Extension Phase III Project on FM 482, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARCANTONIO ENTERPRISES, LLC FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 14 -R -05 — Consideration and /or action approving a Resolution authorizing one (1) Sanitary Sewer Easement and one (1) Temporary Construction Easement Agreement with Ector N. Crisler and Allene Crisler Revocable Living Trust for the Use, Benefit, and Control of the City of Schertz for the Town Creek Sewerline Extension Phase III Project on FM 482, and other matters in connection therewith. Q. Birschwale /S. Willoughby) The following was read into 'THE CITY OF SCHERTZ, TEXAS 'ER ' EASEMENT AND ONE (1) AGREEMENT WITH ECTOR N. LE LIVING TRUST FOR THE USE, OF SCHERTZ FOR THE TOWN IH PROJECT ON FM 482, AND 7. Resolution No. 14-R-06 Consideration and/or action approving a Resolution authorizing the acceptance of a Permanent Stormwater Drainage Easement and a Temporary Construction Easement in the Hubertus Retail Subdivision and authorizing a Stormwater Drain ,Easement ah Temporary Construction. Easement Agreement with Riata Land, Ltd., and other matters in connection therewith. (B. James /K. Woodlee /L. Busch) The followinu was read into record: RESOLUTION NO. 14 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PERMANENT STORMWATER DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN THE HUBERTUS RETAIL SUBDIVISION AND AUTHORIZING A STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH RIATA LAND, LTD.. AND OTHER MATTERS IN CONNECTION THEREWITH 1 -7 -201.4 Minutes Page - 5 - 8. Resolution No. 14 -R -03 — Consideration and/or action approving a Resolution authorizing the Dedication of one (1) Ten -Foot Utility Easement on the Northcliffe Park Property to Guadalupe Valley Electric Cooperative for placement, maintenance and repairs of the Utility Line, and other matters in connection therewith. (J. Bierschwale /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DEDICATION OF ONE) TEN -FOOT UTILITY EASEMENT ON THE NORTHCLIFFE PARK PROPERTY TO GUADALUPE VALLEY ELECTRIC COOPERATIVE FOR PLACEMENT; MAINTENANCE AND REPAIRS OF A UTILITY LINE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Sc gliola who moved, seconded,,by'`Mayor Pro- Tern Fowler, to approve consent agenda items 1 through 8. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola,'John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Discussion and Action Items 9. Resolution No. 14 -R -07 — Consider Charles E. Zech, an attorney with the the City Attorney ' of the City for S Kessel /B. Dennis) id/or action approving a Resolution appointing n of Denton, Navarro, Rocha & Bernal, P.C., as and other `matters in connection therewith. (J. The following was read into mi(drd, . RESOLUTION NO. 14 -R -07 Mayor Carpenter:: recognized City Secretary Brenda Dennis who stated that since this item was placed on the agenda the name of the law firm has changed to reflect two new partners, Hyde & Zech which became effective January 1, 2014. She stated that the resolution has been updated to reflect the name change and that action requested of Council appoints Mr. Charles E. Zech with Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C. as City Attorney replacing Mrs. Katherine Tapley of Norton Rose Fulbright. This is budgeted item in multiple funds including General Fund, Water & Wastewater, and Economic Development. Staff recommends approval. 1 -7 -201.4 Minutes Page - 6 - Mayor Carpenter recognized City Manager John Kessel who stated that a point to note for the record is the resolution appoints the City of Schertz Attorney to be Mr. Charles Zech a Partner with the Law Firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C. Anyone within the firm of Denton, Navarro, Rocha, Bernal, Hyde & Zech P.C., will be covered under that motion, and that is the intent. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Scagliola, to approve Resolution No. 1.4 -R -07. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, and Duke voting yes and no one voting n o. Cou n cilm em ber Edwards was absen t. Motion Carried , Oath of Office - Oath of Office administered to newly Zech— (B. Dennis) City Secretary Brenda Dennis administered Attorney Charles E. Zech. Mayor, Council and Management provid her services. They also congratulated Mr. 10. Ordinance No. 14 -F -01 — Consi Ordinance No. 04 -F -09, City Pub providing that this Ordinance is ei with the provisions of this Ordina Harris /D. Harris) The following ORDINAN and /or actic v (CPS En( of all other an Office . 14 -F -01 City Attorney Charles E. to Mrs. new an y appointed City Tapley for ig an Ordinance amending iding for adoption; thereto; s of the City not in conflict ive date. First Reading (D. Mayor Carpenter recognized Executive Director of Support David Harris who introduced this item stating that City Public Service (CPS Energy) is proposing a 20 -year extension to its Franchise Agreement with the City of Schertz which expires February 28, 2014; the existing Agreement will remain in effect until the extension is effective March 13, 2014. The other proposed change is an increase in the Franchise Fee from 3 percent to 4 percent effective with start of the new franchise on March 1.3, 2014. This additional fee is already built into the planned 4.5 percent increase CPS has had approved by the City of San Antonio City Council. CPS Energy is one of three electric utilities in the City of Schertz. Franchise agreements are one method in which the City can effectively manage the use of the City's Rights -of Ways by these firms. The City has Franchise agreements directly with CPS Energy, New Braunfels Utilities, Guadalupe Valley Electric Cooperative, Center Point Energy; AT &T and Time 1 -7 -201.4 Minutes Page - 7 - Warner have a State - issued franchise agreement which permits telecommunication companies to have access to local Rights -of -Way. All firms pay Franchise Fees to the City for use of the Rights -of -Way. Per City Charter, Council must wait 30 days before second and final reading on a franchise agreement on February 11, 2014; One week prior to final reading (February 4, 2014), the City Secretary will post the agreement on the City's web site. Once final approval has been granted, the Franchise agreement becomes effective 30 days later, March 13, 2014. This agreement is for 20 years; this length of term is the typical length of time for Franchise Agreements. Fiscal Impact: For FY 2013 -1.4, $420,837 is budgeted in the City's General Fund from CPS Energy; as the City grows, this number will increase in futureyears. 11. Ordinance No. 14 -T -02 – Consider tion and /or action approving an Ordinance providing for the Creation of the City Public Service'', ervice ,(CPS Energy) Community Infrastructure and Economic Development Fund; providing that this Ordinance is cumulative of all other Ordinances of the City not in conflict with the proviicins of this Ordinance; and providing for an effective date: Flip st,,Reading (D. Harris /D. Harris) The foll X, M PROVIDING THA' ORDINANCES OF THIS ORDINANCE . 14 -T -02 [E CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATION OF CITY PUBLIC SERVICE (CPS ENERGY) FRUCTURE AND ECONOMIC DEVELOPMENT FUND; [IS", ORDINANCE IS CUMULATIVE OF ALL OTHER CITY NOT IN CONFLICT WITH THE PROVISIIONS OF PROVIDING AN EFFECTIVE DATE. Mayor Carpenter, recognized Executive Director of Support David Harris who introduced this item stating that the largest growth in Schertz is in the CPS Energy service territory. CPS once had a fund to assist with economic development and electric system upgrade in this area. Since CPS's business model will require them to seek additional funding for certain upgrades —such as wood to steel poles —the City can use the additional 1 percent being provided in the new franchise agreement to fund such projects and thus not tap the City's existing resources. The CPS Energy Community Infrastructure and Economic Development (CIED) Fund was a fund that supported electric system improvements related to a City's economic development efforts until the program was terminated by the CPS Energy Board of Directors on January 1 -7 -201.4 Minutes Page - 8 - 30, 2012. Prior to its termination, funding for the program came from 1% of gross receipts on CPS Energy account holders in the City. This fund supported the City's economic development efforts by allowing the Economic Development Department to offer funds to help defray the costs of a project's electric infrastructure including running new lines and adding electric facilities to support many Schertz projects including the Caterpillar facility along with the Capital Group and Tesoro data centers. The program also was used for overhead wooden pole to steel pole conversion including the removal of utility poles at Crescent Bend Nature Park. Under the project's closure, remaining funds were distributed to participating cities including Schertz. The Finance Department has segregated the payments into a' separate fund (CIED Fund in the General Fund) for tracking purposes. Though the City can essentially spend these funds as it desires, staff recommends using these funds for their original purpose: economic development and electric utility related projects in the CPS, Energy portion of the City. $264,330 has been received since the closure rfthis fund by CPS Energy; two projects have been funded out of this fund (Capital Grogp�property tax rebate and, a Pfeil Road wood to steel pole conversion) leaving a balance of $92,427.,,, Fiscal Impact: Estimated annual revenue to be added to the fund is $1.40,279 or $79,140 for FY 2013 -14. Staff, recommends approval of first reading. The following was read into record: ORDINANCE NO. 14 -M -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTNG THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING 1 -7 -201.4 Minutes Page - 9 - ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating that the City of Cibolo is in the process of annexing a tract of land into their City. That tract is located adjacent to the City of Schertz, just to the southeast of the existing Whisper Meadows at Northcliffe II Subdivision. Working together, the staffs of both cities determined that there is a slight discrepancy in the boundary of the two cities established in 2001 per Ordinance 01 -A -26. The proposed Ordinance 14 -M -03 approves a boundary adjustment agreement, with the City of Cibolo to adjust the boundary between the two cities. Thelagreement stipulates and cedes a small area to Cibolo and also incorporates another small area into Schertz. The agreement includes a joinder for the owner of the property in question. Action requested of Council is to approve Ordinance 14 -M -03 for firstreading approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Seliefti in accordance with the agreement. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 14 -M =03 on first reading. The vote was unanimous with Mayor Pro -Tem fowler,; Councilmembers 'cagliola, John, and Duke voting yes and no one voting no. Councilmembr Edwards was absent. Motion Carried Mayor Carpenter reco gni zed Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 12. Executive der: Section 55071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Mayor Carpenter recessed the regular meeting into executive session at 6 :56p.m. 1 -7 -201.4 Minutes Page -10 - Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 9:00 p.m. 17. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 13 14 15 Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized Executive Director of C provided information on the remodeled school zone cro high school, and provided a brief video of it's use. Mayor Carpenter recognized Executive Director of S infonnation to Council regarding the incident during the Schertz Sweethearts. ions John Bicrschwale who device on Elbe Road by the David Harris who provided al of Angels with one of the He stated that the Sweetheart Court received art einail concerning what they needed to wear for the event. The cmail, stated they were to sit down and cover themselves with a blanket but the young ladies thought,that they would not look good and did not cover up as directed. Mrs. Carla Vetter, a member cif the committee, was with them and tried to get them to use the blankets several times .during the event. The only :cp ccrn the night of the parade was "Cold Hands." When the girls returned to the Civic Center they went iritoahe restroom and turned on the hot water. This caused extreme vain and one of the ladies bean to crv. EMS was summoned to check out their hands. In the future, if weather is extremely cold the young ladies will have to follow directions or will not e allowed to participate tlrtieipate in city events. Regarding the hands, we can provide hand warmers'ito, go inside the gloves. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Duke who requested additional information from Development Services regarding inspection performance measures in the form of a matrix. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests for information. 1 -7 -201.4 Minutes Page - 11 - 16 Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he was glad the holidays were over and looks forward to a fantastic year. Mayor Carpenter recognized Councilmember Tern's comments above. Mayor Carpenter read a letter from two Univt properties in Sehertz complimenting the Schrl D. Trevino, M. Rapier and Sergeant J. Eisen wl Mayor Carpenter read portions of the reside compliments to the individual officers named excellent public service work. the meeting 1 -7 -201.4 Minutes Page -12 - ho gave ditto's to Mayor Pro- al City citizens who were looking at new Police Department. Specifically Officers recently, assisted them with,a car break in. 's letter and subsequently gave his own nd' the entire Police Department for their P. M. Mayor, Michael R. Carpenter Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 1.4, 2014 Department: City Manager Subject: Resolution No. 14 -R -06 - Schertz Seguin Local Government Corporation Board Appointment A position on the board of directors of the Schertz Seguin Local Government Corporation ( "SSLGC ") will become available when the term of Andrew Koenig, of the SSLGC board of directors, expires. The City of Schertz is responsible for appointing a new board member to fill this vacancy. The City staff recommends appointing Jake Jacobs to the SSLGC board of directors for a term commencing on January 1, 2014 and ending on December 31, 2018. Mr. Jacobs has more than three years experience with Schertz - Seguin Local Government Corporation (SSLGC) and was elected in November 2013 by the public to serve on the Board of Directors for the Cibolo Creek Municipal Authority (CCMA). FISCAL IMPACT None IR9C0304lu10101117_1111[17 ►1 Approve Resolution No. 14 -R -06 ATTACHMENT Resolution No. 14 -R -06 RESOLUTION NO. 14 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING JAKE JACOBS TO THE BOARD OF DIRECTORS OF THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City appoint Jake Jacobs to serve on the Schertz Seguin Local Government Corporation ( "SSLGC ") Board of Directors for a term commencing on January 1, 2014 and ending on December 31, 2019 (the "Term "); and WHEREAS, the City Council has determined that it is in the best interest of the City to appoint Larry Dublin to the SSLGC Board of Directors for the Term. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS NUEN Section 1. The City Council hereby appoints Jake Jacobs to serve on the SSLGC Board of Directors for the Term. 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 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 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. 50457908.1 1 PASSED AND ADOPTED, this 14th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50457908.1 2 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 14, 2014 Department: Development Services Subject: Ordinance No. 14 -M -03 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Schertz in accordance with such agreement. Final Reading (B. James /B.James) BACKGROUND The City of Cibolo is in the process of annexing a tract of land into their City. That tract is located adjacent to the City of Schertz, just to the southeast of the existing Whisper Meadows at Northcliffe II Subdivision. Working together, the staffs of both cities determined that there is a slight discrepancy in the boundary of the two cities established in 2001 per Ordinance 01 -A -26. The proposed Ordinance 14 -M -03 approves a boundary adjustment agreement, with the City of Cibolo to adjust the boundary between the two cities. The agreement stipulates and cedes a small area to Cibolo and also incorporates another small area into Schertz. The agreement includes a joinder for the owner of the property in question. Goal Adjust the boundary between the City of Schertz and the City of Cibolo to provide for orderly development and efficient and effective delivery of city services. Community Benefit Effective and efficient delivery of city services to the citizens of both communities. Summary of Recommended Action Staff is recommending approval of Ordinance 14 -M -03 on final reading. City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Ordinance 14 -M -03 final reading approving a Boundary Adjustment Agreement between the City of Schertz and the City of Cibolo, adjusting the boundaries of the City of Schertz in accordance with such agreement. ATTACHMENT Ordinance No. 1.4 -M -03 Boundary Adjustment Agreement Exhibit A Boundary Clarification. Exhibit B Boundary Discrepancy ORDINANCE NO. 14 -M -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTING THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property depicted on Exhibit A (the "Property ") to the Boundary Adjustment Agreement attached hereto as Schedule 1 and incorporated herein for all purposes (the " Agreement"), is located with the municipal boundary limits of City of Schertz, Texas ( "Schertz "). WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract ") owned by ( the "Property Owner "). WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ "). WHEREAS, the City of Cibolo, Texas ( "Cibolo') desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B to the Agreement (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms of the Agreement, by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, the depiction set forth on Exhibit C to the Agreement shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property as of the effective date of the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Agreement is hereby approved, and the City Manager, or his designee, is hereby authorized to execute and deliver the Agreement. Further, upon the effective date of the Agreement, the boundary line of the Schertz municipal boundary limits shall be adjusted as reflected in the Agreement. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance 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 Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50726624.1 - 2 - PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of .2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50726624.1 - 3 - Schedule 1 Boundary Adjustment Agreement BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS This Boundary Adjustment Agreement (the " Agreement") is entered into as of the date signed by the last of the parties hereto (the "Effective Date") between the City of Schertz, Texas, a Texas home rule municipality ( "Schertz "), and the City of Cibolo, Texas, a Texas home rule municipality ("Cibolo"), and joined by (the "Property Owner"). WHEREAS, the property depicted on Exhibit A attached hereto and incorporated herein for all purposes (the "Property") is located with the municipal boundary limits of Schertz. WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract") owned by the Property Owner. WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ"). WHEREAS, Cibolo desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B attached hereto and incorporated herein for all purposes (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms hereof by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. 50727029.1 - 1 - WHEREAS, it is the intent of Cibolo to annex the Property into the Cibolo municipal boundary limits no later than , 2014 (the "Outside Annexation Date "). NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, Schertz and Cibolo agree as follows: 1. Relinquishment of the Property from Schertz Municipal Boundary Limits. Schertz does hereby relinquish the Property from its municipal boundary limits and apportion the Property to the Cibolo ETJ. 2. Acceptance of the Property into Cibolo ETJ. Cibolo does hereby accept the apportionment of the Property into the Cibolo ETJ. 3. Gap Property. Schertz and Cibolo hereby clarify and establish that the Gap Property is and shall be located within the Schertz municipal boundary limits. To the extent necessary to effectuate the foregoing, Cibolo does hereby relinquish the Gap Property from the Cibolo ETJ and Schertz does hereby accept the apportionment of the Property into the Schertz municipal boundary limits. 4. Boundary Lines Upon the Effective Date. The depiction set forth on Exhibit C attached hereto and incorporated herein for all purposes shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property, as of the Effective Date. 5. Annexation of the Property. Cibolo agrees to annex the Property into its municipal . boundary limits effective not later than the Outside Annexation Date. Cibolo agrees to notify the City Manager of Schertz in writing not later than the Outside Annexation Date that Cibolo has annexed the Property by such date. 6. Joinder by Property Owner; Application for Voluntary Annexation. The Property Owner, by its joinder to this Agreement, agrees to the terms of this Agreement and, in furtherance thereof, agrees that this Agreement constitutes a petition to Cibolo for voluntary annexation requesting that Cibolo annex the Property into the municipal boundary limits of Cibolo not later than the Outside Annexation Date. 7. Property Owner Release. By its joinder to this Agreement, THE PROPERTY OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE "RELEASING PARTIES "), TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES SCHERTZ, TOGETHER WITH EACH OF SCHERTZ'S AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES ") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER KIND OR NATURE, IN LAW OR EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, AND TORTIOUS 50727029.1 - 2 - INTERFERENCE), THAT EACH OF THE RELEASING PARTIES HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, DIRECTLY OR INDIRECTLY AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, THE RELEASE OF THE PROPERTY FROM THE MUNICIPAL BOUNDARY LIMITS OF SCHERTZ, ANY LACK OF MUNICIPAL SERVICES TO THE PROPERTY UPON AND FOLLOWING THE EFFECTIVE DATE, OR THE FAILURE OF CIBOLO TO ANNEX THE PROPERTY INTO THE CIBOLO MUNICIPAL BOUNDARY LIMITS, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RELEASING PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RELEASING PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 7 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. No Waiver; No Third Party Beneficiaries. Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither Schertz nor Cibolo shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. 9. Approval by the Cibolo City Council and the Schertz City Council. By signing this Agreement, Cibolo and Schertz each represent that the Agreement has been approved by its respective City Council. 10. Severabiiity. If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. 11. Entire Agreement. This Agreement is the entire agreement between the Parties as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. 50727029.1 - 3 - 1.2. Governing Law; Venue. The Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [ Signatures on the following pages] 50727029.1 - 4 - SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation C STATE OF TEXAS § COUNTY OF GUADALUPE § John C. Kessel, City Manager This instrument was acknowledged before me on the day of ' 2014, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said city. [ SEAL ] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -1 SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF CIBOLO, TEXAS, a Texas municipal corporation By: — Name: Title: STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the , the Texas municipal corporation, on behalf of said city. [ SEAL ] day of ' 2014, by of the City of Cibolo, Texas, a Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S-2 JOINDER TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has executed this Joinder to the Agreement as of the date of the acknowledgement to be effective as of the Effective Date, in order to agree to the terms of the Agreement, including, without limitation, Sections 6 and 7 of the Agreement. 12 . 1 I �A� a By: — Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of 2014, by the of a Texas on behalf of said [ SEAL ] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S-3 Exhibit A Depiction of the Property 50727029.1 Exhibit A, Page 1 50727029.1 Exhibit B, Page 1 Exhibit B Depiction of the Gap Property 50727029.1 Exhibit B, Page 1 50727029.1 Exhibit D, Page 1 Exhibit C Depiction of the Boundary Lines as of the Effective Date 50727029.1 Exhibit C, Page 1 OF, C,9 SCHHERTZ Last Update: January 2, 2014 ' X City of Schertz, GIS Coordinator: Tony McFalls, amcfalls @schertz.com (210) 619 -1184 real Vurpc�sus -d may nod rvavu boon 111P —d for or bu sudabiu for Imgoi, mnglnoer�nq, o eveYin9 V`�rPOSms, It on �M1m grountl sy Ontl rmprmswnfs only Abe npproXmn�u reln�YUloaaGOn of Yrtivo��Y bo nNariosnt vn N L1 N 30° 35' 25" W 26.48' Exhibit A �, L2 N 59° 28' 34" E 76.45') W \E Munici al Boundary L3 N39 °00'45 "E 131.35' p Y L4 N 54° 13'55" W 115.61-1 S Feet Clarification 11nch =300 Feet 0 100 200 400 600 800 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Agenda No. 4 Subject: Resolution No. 14 -R -01— A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road from Peter S. Velasco and Pamela R. Velasco in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way Dedication by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith BACKGROUND No waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Road that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. The City negotiated with Peter and Pamela Velasco for the Right -of -Way that is needed to install this waterline. By approving Resolution No. 14 -R -01 the City approves the Right -of.- -Way Dedication. Agreement with Peter and Pamela Velasco. Goal To accept the Right -of -Way Dedication from Peter and Pamela Velasco to construct a 12" waterline on Maske Road. When the 12" waterline on Maske Road is complete, water mains and water meters will be placed along Maske Road and water service will be provided to the Soccer Complex and other properties along the roadway with improved flow to the Universal City transmission line. Community Benefit Provide adequate water service and pressure to properties located on Maske Road and improve the water flow to the Universal City transmission line. Summary of Recommended Action Staff recommends Council approve the Resolution approving a Right -of -Way Dedication Agreement with Peter and Pamela Velasco related to the Maske Road Waterline Project. FISCAL IMPACT The fiscal impact will be approximately $3,200 for the fence and gate and approximately $1,200 for the 2 -12" water stub -outs ($600 each) to be paid for from the Water Construction Funds. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -01 City Council Memorandum Page 2 ATTACHMENTS Resolution No. 14 -R-�01 Right -of -Way Dedication Agreement with Peter and Pamela Velasco Exhibit— Maske Road Waterline Project RESOLUTION NO. 14 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE ROAD FROM PETER S. VELASCO AND PAMELA R. VELASCO IN CONNECTION WITH THE MASKS ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City (1) enter into an agreement for a right -of -way dedication with Peter S. Velasco and Pamela R. Velasco (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement "), for the dedication to the City of right -of -way containing approximately 0.447 acres as more particularly described on Exhibit B attached hereto (the "Right -of- Way "); and (2) accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and WHEREAS, the City needs to acquire the Right -of -Way in connection with the construction of a waterline along Maske Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantors pursuant to the Agreement and to accept the dedication of the Right - of -Way in accordance with the terms of 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 the Grantors in substantially the form set forth on Exhibit A and to accept the dedication of the Right -of -Way to the City in accordance with the terms of the Agreement. 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 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 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 7th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda :Dennis, City Secretary (CITY SEAL) EXHIBIT A A -1 EXHIBIT B 190TO 1 ll C ME" lailML7iraLN—s_ elia-liwiTuay.,IvITII-LiuslaI mom This Agreement for Dedication of Right-of-Way ( "Agreement ") between PETER S. VELASCO, AND PAMELA R. VELASCO, (collectively referred to as "Grantor") and the CITY OF SCHERTZ, TEXAS, a Texas municipal corporation ( "Grantee ", and collectively with Grantor, the "Parties"), is entered into to be effective upon the last date of execution of this Agreement by the Parties (the "Effective Date"). NOW THEREFORE, in consideration for the conveyance of the Property (as hereinafter defined) by Grantor to Grantee, as well as in consideration of the other mutual promises, covenants, and agreements set forth herein, Grantee and Grantor agree to the following: 1. Grantor shall dedicate and convey fee simple title to the Property (as defined below) to Grantee by a Right of Way Deed of Dedication, which deed is attached hereto as Exhibit D. The "Property" is described as: Being a 0.45 acre tract situate in t Torbio Herrera Leap-ue No. 68, stract No. 153 and being a portion • the that certain 27.788 acre tract conveyed to Peter S. and Pamela R. Velasco in a Warranty Deed record in Volume 1895, Page 227 of the Official Property Records of Guadalupe County, Texas, , and being more particularly described on Exhibit A attached hereto and made a part hereof for all purposes. 2. Grantee shall erect, or cause to be erected, a four-strand barbed wire fence with a twelve foot galvanized steel ranch gate to be located as shown on Exhibit B attached hereto and made a part hereof for all purposes. 3. Grantee shall construct and install two (2) fire hydrants and two (2) 12 inch stub- outs for future potable water service to Grantor's remainder tract to be located as shown on Exhibit C attached hereto and made a part hereof for all purposes, 4. Per the Maske Road Waterline Project (the "Project") Construction Plans on file in Grantee's offices, there will be at least a six (6) foot separation between the water line that is installed as a part of the Project and any utility poles that are currently installed on the Property. 5. Grantor and Grantee agree that the closing of the conveyance of the Property (the "Closing") shall be performed at the offices of First American Title National Commercial Services at 1826 N. Loop 1604 W., Suite 125, San Antonio, Texas 78248, with Megan J. Clay serving as escrow officer. The Parties further agree that the costs of Closing and title insurance shall be paid exclusively by Grantee. 6. The Parties understand that this Agreement, and the conveyance of the Property required by Grantor to Grantee herein, shall be subject to and contingent upon approval of this Agreement and acceptance of the conveyance of the Property by the action of the City Council of the City of Schertz, Texas. 7. The Closing shall occur within ten (10) business days following said approval by the City Council of the City of Schertz, Texas. 50713244.3 - I - 8. This Agreement embodies the entire understanding of the Parties; there are no further or other agreements or understandings, written or oral, in effect between the Parties. The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the Parties solely and not for the benefit of any other person(s) or entities. 9. A waiver, alteration, or modification of any of the provisions of this Agreement will not be binding unless in writing and signed by authorized representatives of the Parties to this Agreement. 10. A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, invalid, or unenforceable for any reason, shall not render void, invalid, or unenforceable any other section or any part of any other section of this Agreement. 11. Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, 12. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same Agreement. 13. All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing, and shall be deemed to have been duly given if delivered in person, by facsimile or within five (5) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the Parties as follows: GRANTEE: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager (210) 619-1000 Facsimile No. (210) 619-1050 [Remainder of page intentionally left blank] 50713244.3 - 2 - Executed to be effective as of the Effective Date. BMW = =1 IN L=wmkyj ul $I L" IlLuawl) 161I)MLLIn By: John C. Kessel, City Manager 50713244.3 1AM I ""AM. DESCRIPTION OF THE PROPERTY 50713244.3 A-1 50713244.3 A -2 0 IE NlASKL SOCCUR FIFLOS 30 ACRES VOL I PG 553-556 EXHIBIT B GATE AND FENCE LOCATION CITYO PETER S. & PAMELA R. SCHS 10,38 1 Z VELASCO et ux AC' RE OL. 2 i3 2T788 ACRES P VG. 24 VOL, 1895, PG. 227 VELASCO PETER S & PAMELA R 19225 AUTUMN GARDEN SAN ANTONIO, TX 78258,-3806 no MEA islou 11 f RIGHT OF WAY :0 RD F r,,R NGINFING INC. 0 PROJECTNO.1124,51 ENGINVEMN'll ' 'al.'rNT-YINO PLANNING CITY OF SCHERTZ I P.4771hyr tAil.T. In 4,l.WJ Trxk 77,717 MASKE ROAD WATERUNE PROJECT PHONE tj-D' oNAM FAA* -RAILE 010) MA-4940 I I trUn N"'t-lW2 I VELASCO PROPERTY I I 50713244.3 B-1 so I III mmui mAsco rRAcr- MASKEROAD WAMRIMPROVEMEWS 50713244.3 C-1 ih fn O NQ Itt'JI 4T 50713244.3 C -2 (� I-MI -i � t 1 THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § This Right of Way Deed of Dedication and the conveyance herein set forth is delivered by the Grantor and accepted by the Grantee subject to the matters set forth in Exhibit B attached hereto and made a part hereof for all purposes (collectively, the "Permitted Exceptions "). Notwithstanding anything herein to the contrary, this instrument in no way modifies or diminishes the terms and obligations set forth in that certain Agreement for Dedication of Right- of-Way dated effective as of , 2014 between Grantor and Grantee. [Signatures and Aelmowledgements on following pcagesj 50713244.3 D -1 Executed to be effective as of the date of the last signature below. THE STATE OF TEXAS This instrument was acknowledged before me on the by Peter S. Velasco, an individual. (SEAL) day of Jamwil 201 i Notary Publi in nd for The State �l TIxas My Commission Expires: 50713244.3 D-2 THE STATE OF TEXAS § COUNTY OF _Zjj&f § This instrument was acknowledged before me on the by Pamela R. Velasco, an individual. (SEAL) day of 201 My Commission Expires: [Signatures continue on next page] 50713244.3 D-3 CITY OF SCHERTZ, a Texas municipal corporation John C. Kessel City Manager, City of Schertz This instrument was acknowledged before me on the day of 12013 by John C. Kessel, as City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of such City. [am Notary Public in and for The State of Texas My Commission Expires:, Katherine A. Tapley Norton Rose Fulbright 3 00 Convent Street, Suite 2100 San Antonio, Texas 78205 50713244.3 D-4 no I 50713244.3 D -5 50713244.3 D -6 IMMI'l I or] Bid .: I' ORRO I 10 V13 [to be attached] 50713244.3 D -7 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Agenda No. 5 Subject: Resolution No. 14 -R -02 — A Resolution by the City Council of the City of Schertz, Texas approving and authorizing an agreement for a Right -of -Way Dedication along Maske Road and a Utility Easement and Temporary Construction Easement along FM 1518 and Maske Road from AMME Holdings, LLC in connection with the Maske Road Waterline Project and authorizing the acceptance of such Right -of -Way Dedication and Utility Easement and Temporary Construction Easement by the City in accordance with the terms of the Dedication Agreement, and other matters in connection therewith BACKGROUND No waterline exists on Maske Road. The City of Schertz is in process of constructing the Soccer Complex on Maske Road that requires water service. Public Works also needs to extend a water line from the high pressure zone to the 20" water line that delivers water to Universal City to improve the flow. Council approved a contract with Ford Engineering on June 11, 2013 for engineering and design services for the project. The City negotiated with AMME Holdings, LLC for the Right -of -Way, Utility Easement, and Temporary Construction Easement that is needed to install this waterline. By approving Resolution No. 14 -R -02 the City approves the Right -of -Way Dedication Agreement and the Utility Easement and Temporary Construction. Easement with AMME Holdings, LLC. Goal To accept the Right -of -Way Dedication, Utility Easement, and Temporary Construction Easmement from AMME Holdings, LLC to construct a 12" waterline on Maske Road. When the 12" waterline on Maske Road is complete, water mains and water meters will be placed along Maske Road and water service will be provided to the Soccer Complex and other properties along the roadway with improved flow to the Universal City transmission line. Community Benefit Provide adequate water service and pressure to properties located on Maske Road and improve the water flow to the Universal City transmission line. Summary of Recommended Action Staff recommends Council approve the Resolution approving a Right -of -Way Dedication Agreement, Utility Easement Agreement and Temporary Construction Easement Agreement with AMME Holdings, LLC related to the Maske Road Waterline Project. FISCAL IMPACT City Council Memorandum Page 2 The fiscal impact will be approximately $1,800 for the 3 -12" water stub -outs ($600 each to be paid for from the Water Construction Funds. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -02 ATTACHMENTS Resolution No. 14 -R -02 Right -of -Way Dedication Agreement, Utility Easement Agreement and Temporary Construction Easement Agreement with AMME Holdings, LLC. Exhibit— Maske Road Waterline Project RESOLUTION NO. 14 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE ROAD AND A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON FM 1518 AND MASKE ROAD FROM AMME HOLDINGS, LLC IN CONNECTION WITH THE MASKE ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN ACCORDANCE WITH THE TERMS OF THE DEDICATION AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City (1) enter into an agreement for a right -of -way dedication with AMME Holdings, LLC (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement "), for the dedication to the City of right -of -way containing approximately .086 acres as more particularly described on Exhibit B attached hereto (the "Right -of- Way "); and Temporary Construction Easement containing approximately 1.89 acres describe on Exhibit B; and (2) accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and WHEREAS, the City needs to acquire the Right -of -Way and Temporary Construction Easement in connection with the construction of a waterline along Maske Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Grantors pursuant to the Agreement and to accept the dedication of the Right - of -Way and Utility Line Easement and Temporary Construction Easement in accordance with the terms of the Agreement. 1.3 � I I l i » f .Y i ] � l iI � �7 � •� 11:1 � � 1111 � • L K � l i l � [ � 11 � [ � 7 � I � : I � C � Y r • L i 7 � •Y � 1 � 1.7111 �/ � I Y � A I_ THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantors in substantially the form set forth on Exhibit A and to accept the dedication of the Right -of -Way and Utility Line Easement and Temporary Construction Easement to the City in accordance with the terms of the Agreement. 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 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 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 14th day of January, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A RIGHT -OF -WAY DEDICATION AGREEMENT AND UTILITY LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT A -1 EXHIBIT B LEGAL DESCRIPTION OF THE RIGHT- OF-WAY AND UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT AGREEMENT FOR DEDICATION OF RIGHT -OF -WAY This Agreement for Dedication of Right -of -Way ( "Agreement ".) between AMME HOLDINGS LLC, a Texas limited liability company ( "Grantor "), and the CITY OF SCHERTZ, TEXAS, a Texas municipal corporation ( "Grantee ", and collectively with Grantor, the "Parties "), is entered into to be effective upon the last date of execution of this Agreement by the Parties (the "Effective Date "). NOW THEREFORE, in consideration for the conveyance of the Property (as hereinafter defined) and the grant of the easements pursuant to the Easement Agreement (as hereinafter defined) by Grantor to Grantee, as well as in consideration of the other mutual promises, covenants, and agreements set forth herein, Grantee and Grantor agree to the following: 1. Grantor shall dedicate and convey fee simple title to the Property (as defined below) to Grantee by a Right of Way Deed of Dedication, which deed is attached hereto as Exhibit D. The "Property" is described as: Being a 0.86 acre tract situated in the Torbio Herrera League No. 68, Abstract No. 153 and being a portion of Tract 1- 12.325 acres and Tract 2- 25.000 acres conveyed to Harry Sims in a Substitute Tmstee'' Deed recorded in Volume 4080, Page 74 of the Official Property Records of Guadalupe County, Texas, and being more particularly described on Exhibit , attached hereto and incorporated herein for all purposes. 2. Grantor shall also execute a Utility Easement and Temporary Construction Easement Agreement granting certain easements for the benefit of Grantee, its successors and assigns, for the purpose of allowing construction activity that is directly and reasonably related to the Maske Road water line and road expansion project (the "Project "), which Easement Agreement is attached hereto as Exhibit B, attached hereto and incorporated herein for all purposes (the "Easement Agreement"), 3. Grantee has contacted the Cibolo Creek Municipal Authority ( "CCMA ") on Grantor's behalf regarding tie -in connections to the gravity sewer main located in the Maske Road right -of -way and operated by CCMA. Grantor will coordinate directly with CCMA to facilitate tie -ins to the gravity sewer main located.in the Maske Road right -of -way. 4. Grantee sli dl construct and install three (3) fire hydrants and three (3) 12 -inch stub -outs for future potable water service to Grantor's remainder tract at the locations depicted on Exhibit C, attached hereto and incorporated herein for all purposes. 5. Per the Maske Road Waterline Project Construction Plans on file in Grantee's offices, there will be at least a six (6) foot separation between the water line that is installed as a part of the Project and any utility poles that are currently installed on the Property. 6. At the closing of the conveyance of the Property and the grant of the easements pursuant to the Easement Agreement (the "Closing "), Grantee shall file releases of liens releasing those liens held by the Grantee as shown on Schedule C of the Commitment for Title Insurance, dated November. 25, 2013, issued by First American Title Insurance $0713230.3 Commitment as File No. NCS- 643243- SNANT, which Schedule C is attached hereto as Exhibit B and incorporated herein for all purposes. 7. Grantor and Grantee agree that the Closing shall be performed. at the offices of First American Title National Commercial Services at 1826 N. Loop 604 W., Suite 125, San Antonio, Texas 78248, with Megan J. Clay serving as escrow officer, The Parties further agree that the costs of closing and title insurance shall be paid exclusively, by Grantee. 8. The Patties understand that. this Agreement, and the conveyance of the Property required by Grantor to Grantee herein, shall be subject'to and contingent upon approval of this Agreement and acceptance of the conveyance of the Property by the action of the City Council of the City of Schertz, Texas. 9. The. Closing shall occur within ten (10) business days following said approval by the City Council of the City of Schertz, Texas. 10. This Agreement embodies the.entire understanding of the Parties; there are no further or other agreements or understandings, written or oral, in effect betweeri the Parties, The drafting, execution, and delivery of this Agreement by the parties have been induced by no representations, statements, warranties, or agreements other than those expressed in this Agreement, and except as expressly provided to the contrary, the provisions of this Agreement are for the benefit of the Parties solely and not for the benefit of any other person(s) or entities. 11. A waiver, alteration, or modification of any of the provisions of this Agreement will not be binding unless in writing and signed by authorized representatives of the Parties to this Agreement. 12. A determination by a court of law with competent jurisdiction that a section or any part of a section of this Agreement is void, invalid, or unenforceable for any reason, shall not render void, invalid, or unenforceable any other section or,any part of any other section of this Agreement. 13. Except to the extent governed by United States law that preempts state law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 14. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same Agreement. 50713230.3 - 2 - 15. All notices, requests, demands, or other communications affecting the terms of this Agreement shall be in writing, and shall be deemed to have been duly given if delivered in person, by facsimile or within five (5) days after deposited in the United States mail, postage prepaid, certified, with return receipt requested. Notice shall be addressed to the Parties as follows: GRANTEE: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Attention: City Manager (210) 619 -1000 Facsimile No. (210) 619-1050. GRANTOR: dings LLC_ ]„ Phone: 7 -t 0-3 Facsimile No. [Remainder ofpage intentionally left blank] 50713230.3 - 3 - Executed to be effective as of the Effective Date. GRANTOR: AMME HOLDINGS LLC By: Todd Burek, Manager /Member GRANTEE:. CITY OF SCHERTZ, a Texas municipal corporation By: John C. Kessel, City Manager 50713230.3 - 4- EXHIBIT A PROPERTY DESCRIPTION l0ato., Noyamber 0$,'2013 Page I. #f2 Projeott�jo;l, }2491 Project Namvmuk AA Waterliita SD S `RtPTl�. 0.q6. ACM AG 7i0 4,,T arli ft,) RigLtOf Way Aeilieatian A 0.8§ Acte (37,624.7 sq. fQWght.of Way dedIpa.0on sitahted, in :tbii'ioiblo Herteta GcagueNO.66, AbslractNo. IS3:attd.being a poi#ion pfTract 1 12:323:Aaroa and 75aot 2 L 25,000 mm 00ovcyed to dairy Sims to a: Subautute, Trustee's peel: Recardei . Volume 4680, Page i4 of the Official Milo Records of Guadalupe County, Temis, beluga motel Wlicidaity itesor Nd fig fa)IoWS ]l8 CDVN1Npt at a h'.ltaoh'iron rodryJtlt yellow, plasuto :bboopp mprW "Ford .Epgitta" eel on the Southeastem line of Maaka Road (R,O,W, VprJas); i1�e Northweetenv lino of said Tract 2, for a coiner of Ws right of way dedication, from which 4,V2 inch. hou rod round at the outback :of sold h1ml a Road au4 F;Mi.1518 hr the Northwestern Cotuor'of setd. Tract 2liaars $ 58'36'09" W = 3g.51 foatj T1]ENC9t N59°38TV,11 -along tha$ outlleaslernitngof #aidMaskak"dA100,12 feet 00" a Y iocli Iron: rod Mth,yallow pJastio. cap }packed "Ford * J P sot fdr the ebntmefr comer of sad Tie* i agd 2, a dl 6A64..In at of 2508:29 feat to a 1/2 Jupb iron rod found for ilta Nottboastepr portiet qt said :Tra_at I, for : cardu of tfi[s' dgld of i4 • ds.Aicadart; CM ICS; S 30 °32'13" R 15 ,60 feEtnlar g the BOSleru Bite of the,8ai4 ITn t 1 to a: i In0h Iron rod with yellow plastio;knp,inar1W "Ford Fr g,IW': sei #'Ot+ ft,N*oit} *40in: coiner of Lot I, Bloak A of the Wiit ly Moadaws, UnitlJb. 2 pt. shown ou a plttt tecoixlbd In Volume 5, Page 30513 of the l44i records of CzuaEalppa.County, Texas, for n'cbrnet of this rlght.ofWay dedieAtlon; Tut' NC91 8 59°38'0,9't'W =- across said Tracts, I and 2, at 100035 feat Jaeas a l lta irori rod With yellow plastia cap marked "Ford ling :lnc' set;ot) rho aommoti :twe of said Treat I and Tract 2, a distanao.in all of 2493.52;.tbet to a la." hoo tbd :vmh yeljpW P14docap. marked "Ponl1248it64''forticornerolthis g$tafwaydedlceQoq �ICNC.G;. M 30°21'51" tV 15,OOYaetaontii ut`og neroea earl Trect;2 :to?ha Pt2J1y A1F 8Ef31iVNTNO cud, cvntaWng tii$.6 aates.(37i624fi?0., it.): of tonic, qe * Atig 1.4 a awvey ii 0 on the grtitrarj r ru1¢r myouparolsl0,% to927 WY,r"F, SUfrE 104- SAN ANTOW,TfXASMj7 WW W -0T1 MX,6404990 . t- s00.392.3tfi? VJabSI[li .Y/tV4V,LorOCP$ineetl(�g.talry' TtjP�Nij :.F�1YAt� 50713230.3 - A -1 o yrzuiz I� V v IP 0 OqY hhV 50713230.3 A-2 Till 507132303 n A# — / - ����(.,. \� \ RIO » 14 w# I ?� +� IS .» \. \[ � §m* � }f¥/ k©¥�. � | 507132303 n A# — / - ����(.,. \� \ RIO » 14 w# I ?� +� IS .» \. 50713230.3 A -4 EXHIBIT B UTILITY LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT [See allached] 50113230.3 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. UTILITY LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT AMME HOLDINGS 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 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, (1) a permanent exclusive easement and right -of -way upon, across, and beneath real property located in Coma] County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement"), and being a 0.46 -acre portion of that Tract 2 — 25.00 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 4080, Page 74 of the Official Public Records of Guadalupe County, Texas (the "Premises "), and (2) a temporary non- exclusive. construction easement and right -of -way upon and across a 1.89 -acre portion of the zeal property located in Guadalupe County, Texas, 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 a water line (the "Water Line "). The Construction Easement is granted for the purpose of facilitating the construction of the Water Line. The Easements herein granted are subject to the .following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: The Permanent Easement herein granted 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 (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 Permanent Easement. 2. The Construction Easement herein granted shall be located adjacent and parallel to, and coextensive with, the Permanent Easement. The Construction Easement shall terminate upon the earlier to occur of (a) completion (as. certified in writing by the Grantee to the Grantor) of the Water Line construction, or (b) twelve (12) months after commencement of construction, which commencement is hereby 50713230.3 defined to mean. the commencement of excavation work upon the Permanent Easement. In the event the Grantee should be delayed or hindered or prevented from completing construction and installation of the Water Line 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 contractors, then the period for the performance of the completion of the construction and installation of the Water Line shall be excused for the period of the delay and shall be extended for a period 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 Water Line, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Water Line's 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 for the construction, operation, maintenance, or repair of the Water Line. 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 Water Line 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 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 Premises or. any portion thereof. 5. Should. it become necessary at any time subsequent to .completion to the construction of the Water Line for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Water Line 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 result of the acts, omissions, or 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 owner 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) shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners,00intly and severally) of the Premises. 50713230.3 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 Guadalupe County, Texas as of the date hereof. 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 Construction Easement 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. Executed to be effective as of 2014 (the "Effective Date "). [ signatures and acknowledgements on the following pages ] 50713230.3 This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date, THE STATE 0 j� ac s GRANTOR: AMME HOLDINGS LLC COUNTY OF -�� § IL "—r- This instrument was acknowledged before me on the day of -9 201.K by Wi,.re k- , as i k .ri1 t AMME HOLDINGS LLC, on bebalf of such limited liability company. , (SEAL) Notary Publ'c in and for . The State of T_S — My Commission Expires: 3 '1 11 Co EELIZABETH C, HOLMES N ?Ury puh4ic' State 01 TLxeMy commiss10irot«o" Mwch €17, 2016 50713230.3 GRANTEE: CITY OF SCHERTZ John C..Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the _ day of 201_ by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50713230.3 EXHIBIT A 'Utility Easement No 2 oil R 6 p4fflotof I'M 2 2i.Op4 soo-onvoW k W44 (NO; At A *% liwb iron IW found.4 tho i)4 Ike ofMusb RQtd mA FJVL fho Iqwthwmcm oomr of saki Tract 2, the same being , %dftimty st N M8,090 E — 31.51 iket sdolig tbo Swaam of, "011oadlo:a A ill 36121 151" E - ISM fod germ mmliaoa 2 aK I=h ftmrod VAhyMIW 3p maw OF* Fog he out fbr a com" dd* o"amu 21 4 01°33,064 » U4 fw 004 t4olso�,.Tlwajwo% withyamplOsito ORO 1041W FM4 bg Ifiem"A wi�tOfO4 8 63'4440'R - VIM whh yClOwplotlo Ow. MW l4foid 1?ng Ine 0 fa a comork VA on &I461cynoth. Has m As. skqwu oa a pla mcotd04 9 $9,27q2"W r29,74 foodun tho 1,ftSouthwiAw of acid TM412 to A 9 In6h,han m vdth w 0. alw-la y P. ., L:wmetof 4 50713230.3 h8i 210 'A`FtENCMr Aiog the Na�thaaat�uiE iw�oF9utd M ISIS, W' 8q itaot2, a Wrmto t}io rlgbt haft a witaeng 6007 *11P,a )& foud for 6 owof . a£t}te' pitl fi+X 1518, k omwioY pold Toot % tot 4 iS Oa>�cniariN, N 63�4b'Q6" kY- AQi,74 ttrotcontntiuing nfoug tNoi�otheast�! Htleof mid tha SoiilhvMtma llnc of odd'Twtx to a Y6 !itch h6 rod kiid for o6iiw ?.M.15 i 8; a c�tcr of tl itx tmrt; N4i °53`06"W t0G9fi�tco�fing(ugolbng:aW ofWdFiM,}5114�1i4a 1Waat2 to the ktliAfi' bit' }1l�G'INV�NPY AM oontefrd»g (20,!59;6 ud, i�;cordingta asrrzrayrrxrde ott thegrorindtutderi� ,v�giakvtsttr�; 50713230.3 iJ 50713230,3 I a EXHIBIT B Temnorary Construction Easement Ptojeot NNUas $,!,at�Iftt@ ietaras�ery i;oGstsvcttou lauiept A 1,69 Acre (E 1Toom Loagui and Ttud 2 - IlE(:ENN}NGc at o.Valnth ironrvawfth Yo�mvpWs{ia eep �tbx agotu� of np.66'acro. =15.00 ibot RAW, dettiooliow; oda dey dosod bed. 4om wwoh a %inch ho ttM Aiun 1. at the outback Of Maako Azad .WPM, 1506 Pot a oemct OrAe saki Tract # bed 1v 30021'51 "W -15. MM; I and l on 4ha #tiut7saastes>i:tsti`mrtd 36032113" 8 - MNCEI 19.59 °38'04" W oomrs :33i4 Tcara?,1 end 2, nt 10410;3$ ties pate. i$a bmdtou 1ine.of said 9rad11 arid.Tmi 2, a. Wmuo fu eft ot2;l93 nfw to a polultor s iorrierof thts «w8amnii flIM M 901053'06"9- 42;29 tea coi*uWagxr s&-aaWTA,et2toagtilu OA toriuxs ofthis'oasautauG UJIM Bt.8 63° 4446" B�- 356.45f*."Ailnulnyaorissstiio Udfiriot2fq.apoiutfgr t tprAer okt(tis:aaibalemt i'liir,NC�s t�suibsutng aFCH� the aa[d Truct2, n t:acw.td the 19}17jmvfn0a TSdiio npgtu jfU$00T'56 ; o RndFus aE2fi3336 feet, an Ara fyngch nE36k,02t`cet ottd n CI,m$ rf 8 57042 25 "L�.p 987 ti9 feotto u point on #Go Nortlatt�atartt 1104 of-XAt f, L{toolc.�2. ,' , 50713230.3 the W100 utaowa Nuftyielan 80 drovm oa a Tlalteeotded ld mmo sihp 504 of the Pled Mord:of Gu9r3 40 C Wylll' 9 the Stioituru fled pC�tdzt�itaat trrt a sat�tci afdhia asazaiauf;. TMM 9 soop12" W 33, , 13 fat along Northnti+:lip dt said VA* Moadom lot a, IIlaak 2�liw Soul��n ilk oFaoW'i�ayl.2 is a.f/�iachltourbd with yatlaw �tatit+: Mp flut d "Taard sog to" sat for n tomoi of a OAG beta t lti BQO,*4 SEA dgv dtscdt,ea, foeaootacr uPitiisteseaucai; Tltfl'dMCE: Ae�os9th�seld7Yaot2 altaaot4Le�aid0. 46.acracnlrltyilueealaaletGls±6 dasorlbed, a Gucvo_to tdorlght having a. Delta (4a of 01°440 ala4s d2738;58 feet; artAro la+rgrTrttf 36A7Q f,zrt ara4 a G7�usd.haaiWgof]Zb7°3@'Q9" W �3dS�4� Lief to n'h fnCh itau trod ivllh yaVow plast(o �p ianikecF "TOrd �p8 ltm "' aet ftiraSamar gftho said -OAO ears Ut111ty FAI$Ohleat,.tbtaday dasotlled, fora aot�af lydsaasaaicwj t1Ei);NGTsr 3+1 d3a44'Qd" W — 371,38 tatt�Wui'�aa�gg abratsihanatd �Yd�i 2, alltw �Ftlta raid OA6 acrd U" EMMOnt, this Sing. dwlEted, to a 4 Axton rod wRh YOM 5tastin, asp fnar%ad I Toed ft ino" At for a comet of ft taid UtiWT+.esin g 4 -&A v, lewdbed, foraa turn" ofthb tawront; COMM N Ol °53'06" W w TZ 15.�et condnulvg along dta Setif lllw f4 rho pt)1�j1 jF "Wrdiq 1# a nt{veymudea »NrnRroa?iit nn�r�vetprrv]atnx; 50713230.3 r Nl� iii I i 0 50713230.3 fi toy / I fl, NI m 5 4\N, / 50713230.3 Oil U x NiN m 4. OR 50713230.3 Oil U x NiN m EXHIBIT C LOCATIONS OF FIRE HYDRANTS AND SUB -OUTS I 1� I i / �• gyp. h / pI3 0aco s L W � � = TTY 1_T 50713230.3 C -I 51N3W3i1Ob'dW/ N9l2�iN 06�Oil33/SYW-o'�y SDN /07OH �WWY I 1� I i / �• gyp. h / pI3 0aco s L W � � = TTY 1_T 50713230.3 C -I EXHIBIT D RIGHT OF WAY DEED OF DEDICATION 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, RIGHT OF WAY DEED OF DEDICATION THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE THAT AMME HOLDINGS, LLC, a Texas limited liability company (the "Grantor "), hereby declares its intention to make a dedication, and does hereby GRANT, BARGAIN, CONVEY, and DEDICATE, to the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), for and in consideration of the benefits which will accrue to the Grantor and. to the public generally, the real property (the "Property ") described on Exhibit A attached hereto and made a part hereof for all purposes. This Right of Way Deed of Dedication and the conveyance herein set forth is delivered by the Grantor and accepted by the Grantee subject to the matters set forth in Exhibit B attached hereto and made a part hereof for all purposes (collectively, the "Permitted Exceptions "). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever; and the Grantor does hereby bind itself, its successors and /or assigns to WARRANT and FOREVER DEFEND all and singular the Property unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; subject, however, to the Permitted Exceptions. Notwithstanding anything herein to the contrary, this instrument in no way modifies or diminishes the terms and obligations set forth in that certain Agreement for Dedication of Right - of -Way dated effective as of , 2014 between Grantor and Grantee. [signatures and Acknowledgements on following pages] 50713230.3 D -1 Executed to be effective as of the date of the last signature below. AS TO THE DEDICATION: GRANTOR: Amme Holdings, LLC, a Texas limited liability company By: ��} �... Todd Burek Manager THE STATE OF TEXAS COUNTY OF BEXAR § This instrument was acknowledged before me on the e day o 201 by Todd Burek, the Managing Member of .Amme Holdings, LLC., a Texas lim' ed liability company, on behalf of such limited liability company. (SEAL) Notary Public in and for The State of Texas My Commission Expires: ;� `7 A�` ELIZABETH c S HOLMES Ie c. State nt �18x8G My Cornmimon Expires ` i fcs "s March 07, 2016 [Signatures continu 50713230.3 D -2 GRANTEE: CITY OF SCHERTZ, a Texas municipal corporation John C. Kessel City Manager, City of Sehertz THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the _ day of 2014 by John C. Kessel, as City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: AFTER RECORDING RETURN TO: Katherine A, Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50713230.3 D -3 i 0 EXHIBIT A Legal Description of Property . i Dow, Novantbar QS, 2013 PmjeatNui Vii: p�pottltauGl�ISk�S�.�.'I ti.d6 ACf 1204.6 a q. fi, j 1JtklttyEareBfiaE A OriBAam(20,159.d sg, fnj 1Jdt14y.i'fwaoStait s3fuattd iris #t'PortiioFl�s'ora:i.o�guoNa 6E, A%but Na. 153 snti boing n p idon of Tmd 2--• � 25A0t0 sofas aonvawstt m &" t31ms is u 6ubsiitute 7kustea's bwa Racorlka In Hoiw 4080, Pow 74,6f& oftk a! l W10 Ramos of {3tuuinlupo County, foxes; b*z more lraAlaut�siy ass�tzb�i'gs tttl(oivst al ali tvlcicaf { t A'/, lticlA Uea refi fU11Ud p til@ Ct{il eDii li(lB 4f t+Queka 1tggd ae3:VA [Sig ttjr me Normwestanl mur of said'rraai r d18.ftm bdil3$ tmai Of titli uti 6 eowmaw; IfITNG lY 59°�8'il9 S n 38,51 fact oiong;tho 8ouitictu lido o.F147s9ko. ttlaafo,m_Y+ UuA Iwo rod viiih yoilow pwdo asp uiso "Hord Eq W sct &r o. ccrlcy a ibis. es6arriani, TII�NCRa B 30°21'51 "!3 -• 1S.U0 f�+riscraai saidllaifis�:a S4inchmdvi(tfiyalfow pludecapnwke5 dti8aast THir M 'S 01°53'06" B - 72,15. tent cattiioft adtos4 iit® sWd Mot3 to a %tub [Ma Mdtiv &ydwwptestlnQV mu*W,TowEagLta`.mj ro W= offt dwiiten# .. IMNC1A 8 630400 II .37t,38 fiat oonil§ ao mm tha 02 'I9u0 210 a 1F fiiab feoutmW4Yoll owpwoocei' , MOW "tfad iitigW'Imfbracor ,fuetA&scssmved','. FHF.NCM : Ce nsdwn vaho T 1 e:14; fOW a 1 cb m gls 4060101 -w i of 2JS8,58 fist, w Ato100 bf3b :74 fcetrard n CbarA> . of da 6i°2�'il9 ":Iii 369: f6 fee; ton?�is�tirmur�odsvHbycltaMpt�iics arpnuticd"11oCd 5ng Jrui sot on tlxp NwhWamsm Jho of Lai i, ritoak 2 .t�1 6ts ' lgiiy ivta igws tulxiivirlian ae showy 6a o.pJolxecwraad to YAIw;wS, Psg6.50A oftkff;PlaEXt+�oa1{`ot 3uadalupat' Al11 t( y, 74irA6,Ibe$6utli4aptA16tiPfliiil1 dcT:,Vii°4. aphtetGtt i61m2ainp}i l'�Nt�d1 8:i4°27'i2" W- 22.7d.:fsei tluD�Tarihoralihia ofnoid Wlg6Y MtaduWS oi. 1., Ai 4ek2, ifie$ op# acYnl hteofeaidltaat2t ouAWh•.ieopx'odwltit:YdJow In* mp modltie: "i=nrd rA;g loot' sat ar, flip Nortban�t�r tine �Y±,M isle ($tl`.� f1,} rpr:, Ma outltem corner of a said ly a;t zlbomibwdswo s:mor awd *6fdq,0004 M It B16,ck 2, fin autimer.itltEivawatiwn�, 50713230.3 D -4 Poo I of? h hm trod liund i 1i18 ti+ vati c 4 s9id lY�iok , kbr a uerofttitacasomeru fuNct. N 00444.0" W 40174 foutcotitGt ft uiang tlia Norom, g 00 into uP td. t.1dls, the SauUtiwcs ou ihm of did �'iprsi x to b.3it iot NA"iis 41k a Oam �r�id l?.M lSiB, u a3m�rQf this easeaiw>i, UM NOt° 53T &V- -70.0faMoontituaWtIouga line o MMP.iN..15%uituo im aid Tma 2 to tAe POINT OV BEGINNING and oonft q Orl6 sc o (24,160 O,) OfIMd;MrOrft Wururrey mob w4ho�ourtdunderrr{ystrpetplrldn; 50713230.3 D -5 f/ fir. : www ilt 3t TWO o � � �• Nil I fit VY�{W 50713230.3 b -6 ; X. r. I IL 50713230.3 D-7 0 :1 EXHIBIT B PERMITTED EXCEPTIONS [to be attached] 50713230.3 D -8 EXHIBIT E SCHEDULE C Commitment For Title Insurance T -7 ` ( F1rst Amerfcadti ISSUED BY SCHEDULE C Fiat American Title Insurance Company G.F, No. or Fite No. KCS- 64SM -SMNT Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions In Schedule 6 of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy Is issued: 11 Documents creating your We or Interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that no person occupying the land claims any interest in that (and against the persons named In paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, - all Improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub- coniradors, laborers, and supplien3 have been fully paid, and that no mechanic's, laborers or materialman's (lens have attached to the property, there Is legal right of access to and from the land, • (on a Loan Policy only) restrictions have not been and will not be violated that effect the vakdity, and priority of the insured mortgage. 3. You most pay the seller or borrower the agreed amount for your property or Interest, 4. Any defect, Ben or other matter that may affect UUe to the land or Interest insured, that arises or is filed after the e(tecNVe date of this commitment. S. We find no outstanding hens of record affecting the subject property, An inquiry should be made concerning the existence of any unrecorded lion or other Indebtedness which could give rise to any security Interest In the subject property. 6. Record a Release of Notice and Claim of Lien: Claimant: The City of Schertz Against: Harry Sims Amount: $250.00 Recorded: July 18, 2013 In Volume 4114, Page 1, of the Official Public records, of G'uadefupe County, Texas. 7. Record a Release of Notice and Claim of Llen: Claimant: The City of Schertz Against: Harry Sims Amount: $250.00 Recorded: July 18, 2013 in Volume 4114, Page 3, of the Official Public records, of Guadalupe County, Texas. 50713230.3. E -1 K Record a Rdeass of Notfcaa W Ctalm or Uen: Ownwint: ilia aty or sdreftz Against: starry Sims Amount: #2SO.00 Recorded: My 18, 2013 In Vol um 4114, pap P, of the *MOW f Wo mwths, of bt adafupe CwntYtTw& 9; Record a Release of Notice and Claim of Lim, 019mant: mw aty of 4dwm AgWrft Harry SON AmWrtr frM.00 Recorded: July It 2013 In Vohune 4114, Pop 70 of the Official PubHC MOVs, of ih" Cou*, TAR A Record it Release of Nottce and Claim of t ,fen; Claimant: !fm otty orschau ApriS0 Harty suns Amount: $250,00 Rmrdad: July 18, 2015 In Volume 4114, Page 9, Of the OM301 Public records, Of GUWalupa County, Tom M Ro wd a Release of Natkv and C1alm of Uery Claimant: !fm otty orschau Against "any Stms Amount $350.00 Recorded: July 18, 2013 In Volume 4119; Page 11, of the OMcW Public records, Of Gadaloe County, TOM, 12, Raton! a Release or m iuce and Claim of Uen: Conant: The Qty Of Seher# Agatrut: Harry Sims Amount $350.00 Recorded: My 18, 7013 to Vdume 4114, Pigs 13, of thia OMdal Wdrifc moods, of Guuhh¢ta axmty, TOM 13, Record a Musa of Noft and Ctalm of Uen, aaimant: fie City of Sehe t Againsh XLNF Wvpetbm I= Amount. $25'0.00 R -ded: October 15, 2010 In Vatumm 291.3, Pape 315, of the O idal Pubk records, of tfir upe C1w*l TOM 14, Record a Rdem of NOUN and CMIm of Lien: Clalmard: 7t sCtty Of sdwu AgalnSb XLurI'ropertles,Int Amount: $70,00 Recorded: OdobW 15, 2010 In Vduma 2923, Pape 316, of tine OffkW Public records, of I Fak" County, Tom 50713230.3 E -2 I& Record a Retcwsa of Woe and Claim of Uen: COMM The City of Schertz Ageltstt ^ Ant ftwier,1K. Amowk moo Recorded, October 4 2010 in Voluma 2913, Pop 317, of the Official Wc ww4 of suubttgre Ct#ntY, Texas, 30. Record a Rdeaw of Notice and Qalm of Uem: Ciafmant: TM CRY of Setiertt AgalrtSt; Xt.Nt'Proparties, tnc. Artwtmt: I, Recorded: Oa*w IS, 2010 In Volume 2973, Pape 316, Ot t9 fair PtUIC reoorde, of 110da4v t�urity, Trams. 17, Record a Ruse of Notice and Calm of Linn: Clawantt Ther,3tyofSChsrtt Against: XLNT Prapettt, Imp Ar(munt: $250100 Recorda& Oddw 15, 2010 In vWne 2923, Page 319, oftlts Offklai Public records, of Owdatw* County, To" 16. Record a Retem of Notice and Claim d Lien: claimant: The Oty of 5chatu A$alnst: XLNT Properties, loc. Artomt: $M.00 ROOMI dT 00tober 15, 2010 In Volume 2923, Page 320, of the Otridai t is vawr ls, of GubMupe County, Twos. 19. Record a Relem of Now and Claim of lien: Ctetmant: Ttte Clty of Sc w tz Agairdh xw Properti", IrtC. Amount: $250.00 Recorded: October V5 2010 in Volume 2923, P400 $21, of the Official "IC necdrds, of "Oak" COUnty, T4Wt. 20, The right La fesarved to maM and Insert additfoai exceptions andpor requlroments based upon the rewew Of the survey, up to and irtcfuding thelawnce of the My, 21. As to Amme tiotdtcgs, LI.C, a umded UoUlity CWnwy, we vAll regUre a Resonation of the frianap s wedfie as to the var>sadbn to confirm who Is audwtfzed to amba documents on fJefuif of the Cwmpany. KIM, poser should be satisfied es to the stabS of Bald oo "Ay and that MM I510 Pod sfandlrrg. 50713230.3 E -3