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14-R-08 - Weiderstein Road Waterline EasementRESOLUTION NO. 14 -R -08 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT FOR A PERMANENT WATERLINE EASEMENT ALONG WIEDERSTEIN ROAD FROM SAN ANTONIO ONE AND SAN ANTONIO THREE, MICHIGAN LIMITED PARTNERSHIPS IN CONNECTION WITH THE WIEDERSTEIN ROAD WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH PERMANENT WATERLINE EASEMENT 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 permanent waterline easement with San Antonio One and San Antonio Three, Michigan Limited Partnerships (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement'), for the dedication to the City of a permanent waterline easement containing approximately 1.125 acres as more particularly described on Exhibit B attached hereto (the "Permanent Waterline Easement'); and (2) accept the dedication of such permanent waterline easement in accordance with the terms of the Agreement; and WHEREAS, the City of Schertz needs the permanent waterline easement to complete the installation of the waterline on Wiederstein Road; and WHEREAS, the City staff acknowledges that it is in the best interest of the City to enter into the Permanent Waterline Easement Agreement with San Antonio One and San Antonio Three, Michigan Limited Partnershps; and 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 Permanent Waterline. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 4th day of February, 2014. CITY HE EXAS Michael R. Carpenter, Mayor ATTEST: a Dennis, City Secretary (CITY SEAL) EXHIBIT A PERMANENT WATERLINE EASEMENT AGREEMENT F.w EXHIBIT B LEGAL DESCRIPTION OF THE PERMANENT WATERLINE EASEMENT 11-951 kQIb � ® ®2554 � � YGL4 193 PG0479 WATERLINE EASEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT San Antonio One and San Antonio Three, Michigan Limited Partnerships (the "Grantors "), 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 Guadalupe County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 1.125 -acre portion of that 196.879 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 979, Page 475 of the Official Public Records of Guadalupe County, Texas (the "Premises ") (the "Easement "). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a waterline (the "Waterline "). The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 16 -foot wide strip of land and 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) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Waterline, 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 Waterline'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 Waterline. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easement. To the extent that construction of the Waterline 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. KINDIMIC YGL 419 3 P00 4 8 0 (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (4) Should it become necessary at any time subsequent to completion to the construction of the Waterline for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Waterline 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 (jointly and severally) of the Premises. (5) The Easement is 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. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming 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 t 1201 t (the "Effective Date "). [signatures and acknowledgements on the following pages] 50310413.1 - 2 - VOL 419 3 P00 4 81 This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. :: ► OR San Antonio One and San Antonio Three Limited Partnerships By: /,�6�+tiG� / /,U Name: Charles A. Forbes Title: General Partner THE STATE OF MICHIGAN COUNTY OF WAYNE This instrument was acknowledged before me on the 12— day of December, 2013 by NoAes P. as (mural blcvn of ' um Ah 'unit) One f � Al&)'I0 T k-fm , on behalf of such GsirRc%it (SEAL) 4 ot ary Public i and for The State of Michigan My Commission Expires: �1cIMi a M100iMM111" or 1 AetM M1 M Oo 50310413.1 - 3 - VO14193 P00482 GRANTEE: CITY OF SCHERTZ John Y. Kessel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the 01day of —ffkw—N 20145y John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) eeeaeee SARAH E. GON7nt F7 Notary poblk State of Texas My Comm. Exp.101 -2016 AFTER RECORDING RETURN TO: City of Schertz Brenda Dennis, City Secretary 1400 Schertz Parkway Schertz, Texas 78154 Notary Public in and for The State of Texas My Commission Expires: I V �1 gol 50310413.1 - 4 - 1.125 ACRES (98,999 Sq. Ft.) 103161- 50001TI.dwg EXHIBIT A Permanent Easement VOL4193 P6O483 FN NO. 103161 - 50001 -11 December 09, 2013 JOB NO. R0103161- 50001.92 FIELD NOTE DESCRIPTION VARIABLE WIDTH WATER LINE EASEMENT FOR A 1.125 ACRE (98,999 Sq.Ft.) OF LAND SITUATED IN THE CITY OF SCHERTZ, COMAL COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED 200.198 ACRES IN DEED OF RECORD CONVEYED TO SAN ANTONIO ONE LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP, IN VOLUME 979, PAGE 975 OF THE DEED RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 1.125 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTH AMERICN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE: COMMENCING, AT A FOUND TEXAS DEPARTMENT OF TRANSPORTATION BRASS DISK IN CONCRETE LOCATED AT THE NORTH END OF A CUT -BACK AT THE INTERSECTION OF THE EASTERLY RIGHT -OF -WAY LINE OF WEIDERSTEIN ROAD (COUNTY ROAD 382, R.O.W. VARIES) AND THE SOUTHERLY RIGHT - OF -WAY LINE INTERSTATE HIGHWAY 35(R.O.W. VARIES); THENCE, S O1° 03' 25" W, 50.62 FEET, ALONG SAID CUT -BACK LINE, TO A POINT, HAVING A GRID COORDINATE OF (N = 13,760,309.52, E _ 2,205,270.37), FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE, ALONG THE NORTHEASTERLY LINES OF THE HEREIN DESCRIBED TRACT OF LAND AS FOLLOWS: S 32° 25' 20" E, 82.49 FEET, TO A POINT FOR CORNER; S 780 08' 29" S 330 08' 29" S 110 51' 36" S 310 14' 25" S 760 19' 32" S 310 19' 32" E, E, W. E, E, E, 70.16 FEET, TO A POINT FOR CORNER; 22.35 FEET, TO A POINT FOR CORNER; 69.29 FEET, TO A POINT FOR CORNER; 977.63 FEET, TO A POINT FOR CORNER; 7.25 FEET, TO A POINT FOR CORNER; 14.697 FEET, TO A POINT FOR CORNER; PAGE 2 OF 2 VOU419 3 POO 4 8 4 S 130 40' 28" W, 7.30 FEET, TO A POINT FOR CORNER; S 310 14' 25" E:, 1637.46 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF SAID CALLED 200.198 ACRE TRACT, FOR THE MOST SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT -OF- WAY LINE OF WEIDERSTEIN ROAD (C.R. 382)(RIGHT -OF -WAY VARIES); THENCE, S 590 59' 24" W, 16.00 FEET, ALONG THE NORTHWESTERLY RIGHT- OF-WAY LINE OF SAID WEIDERSTEIN, ROAD (C.R. 382) AND THE SOUTHEASTERLY LINE OF SAID CALLED 200.198 ACRES, TO A POINT FOR THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT; SAID POINT BEING THE SOUTHEASTERLY CORNER OF A CALLED 16 -FOOT WATER LINE EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE GUADALUPE COUNTY DEED RECORDS; THENCE, ALONG THE NORTHEASTERLY LINES OF SAID 16 -FOOT WATER LINE EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE GUADALUPE COUNTY DEED RECORDS AS FOLLOWS: N 310 14' 25" W, N 340 57' 27" W, N 320 25' 20" W, N 010 03' 25" E CONTAINING 1.125 OR LESS. AIX 2644.86 FEET, TO A POINT FOR CORNER; 50.51 FEET, TO A POINT FOR CORNER; 123.58 FEET, TO A POINT FOR CORNER; 29:00 FEET, TO THE POINT OF BEGINNING, ACRES (48,999 SQUARE FEET) OF LAND, MORE HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY -SAN, INC., 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525 -9090 FILED FOR RECORD 14 FEB 13 PM 1: 44 COUNTY CLERKGUADALUPE COUNTY B STATE OF TEXAS COUNTY OF GUADALUPE I tartly tN$ Instrument was FILED on the date and at the tlme stamped thereon and wee duty recorded In the OlAdal Publlo Records of Guadalupe pCou�nty, Texas. pJNIY Cp` VWw�' 4M V ?r o H > .t` TERESAKIEL °vY Guadalupe County Clerk