14-R-03 - Northcliffe Park Property 10-Ft Utility EasementRESOLUTION NO. 14 -R -03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS 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 A UTILITY
LINE, AND OTHER MATTERS IN CONNECTION THEREWITH
WIIEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for one (1) ten -foot Utility Easement to Guadalupe Valley Electric
Cooperative for placement, maintenance and repairs of a utility line; and
VIBEREAS, the City Council has determined that it is in the best interest of the City to
contract with Guadalupe Valley Electric Cooperative pursuant to the one (1) ten foot Utility
Easement Agreement attached hereto as Exhibit A (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 Guadalupe Valley Electric Cooperative in substantially the form set
forth on Exhibit A.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 S XAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
ATTACHMENTS
NORTHCLIFFE PARK GVEC UTILITY EASEMENT AGREEMENT
EASEMENT LOCATION MAP
I:WI
ItA- 00ILS28 VOL4 18 9 P60 4 91'
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 EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS THAT:
COUNTY OF GUADALUPE §
WHEREAS, the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantor ")
previously authorized the GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. (the
"Grantee ") to utilize that certain real property located in Guadalupe County, Texas, as more
particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the
"Easement "), and being a ten (10) foot wide portion of Lot 12, Block 11, Northcliffe East
Community- Section One, Plat recorded in Volume 4, Page 49 of the Plat Records of Guadalupe
County, Texas and a portion of Lot 13, Block 11, Northcliffe East Conununity Section Two, Plat
recorded in Volume 4, Page 75 of the Plat Records of Guadalupe County, Texas (the
"Premises "), for the purpose of constructing, operating, maintaining, and repairing electricity
transmission lines and related appurtenances (the "Utility ").
WHEREAS, the Grantee has constructed one or more electricity transmission lines and
related appurtenances within the Easement.
WHEREAS, it does not appear that the grant of the right to utilize the Easement for the
Utility was ever properly documented by the Grantor and the Grantee.
WHEREAS, the Grantor and the Grantee are entering into this Utility Easement
Agreement in order to properly evidence and document the Grantee's right to utilize the
Easement in accordance with the terms hereof.
NOW THEREFORE, 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
Grantee, the receipt and sufficiency of which are hereby acknowledged, has GRANTED,
SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the
Grantee, its successors and assigns, subject to the terms hereof, a permanent non- exclusive
easement and right -of -way upon, across, and beneath the Easement, and being a ten (10) foot
wide portion of the Premises. The Easement is granted for the purpose of constructing,
operating, maintaining, and repairing the Utility.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
(1) The Easement herein granted shall be located across a 10 -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 Easement by the Grantee, its successors
50713256.2
VO14189 P60492
or assigns, or (b) the execution and recordation in the Official Public Records of
Guadalupe County, Texas, of an instrument by which the Grantee, or its
successors or assigns, as applicable, abandons and releases the Easement.
(2) Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Utility, nor shall any
such persons erect or permit the erection of any buildings, slabs, structures, or
other improvement within the boundaries of the Easement, or which would
otherwise interfere with the Utility's continued use and maintenance. The Grantee
shall, however, take reasonable precautions to preserve any mature trees existing
within the Easement. To the extent that construction, operation, maintenance, or
repair of the Utility results in the removal of brush from the Easement, the
Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and
expense.
(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 Utility for the Grantee to enter the Grantor's Premises for the
purpose of maintaining, repairing, operation, or altering the Utility 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.
(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, but not otherwise, subject, however, to the matters set forth herein.
Executed to be effective as of .JG{nup VI 4 2014 (the "Effective Date ").
[signatures and acknowledgements on the following pages ]
50713256.2 - 2 -
VO14189 P60493
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
CITY OF SCHERTZ
a��f�
John C. Kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the IWVday ol�IAG1 2014 by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
WMIN . GONZALEZ
ary public
te of Tmas. Exp.10 -31 -2016 Notary Public in and for
The State of Texas
My Commission Expires: I� 1
50713256.2 -3 -
VOL 418 9 POO 4 9 4
GRANTEE:
GUADALUPE VALLEY COOPERATIVE,
INC.
By:
Name: Jeff atliff
Title: Project Manager
THE STATE OF eX G S §
COUNTY OF a Jk /U k\'el §
This instrument was acknowledged before me on the d- day of Ja1.varj. 2014
by Jeff Ratliff, as Project Manager of Guadalupe Valley Cooperative, on behal of such
corporation.
(SEAL)
cy� MARGARITA AYALA
Notary Publk
State of Texas
+d'9 Comm. Fi�ires 10130/2016
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Norton Rose Fulbright
300 Convent Street, Suite 2100
San Antonio, Texas 78205
--N r� Qz'
of y Public i id for
The State of 2 K � ,S
My Commission Expires: l O —fib - zp I
50713256.2 - 4 -
406418 9 POO 4 9 5
EXHIBIT A
Easement
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11 ti
114 NoAh Austin Sheet
Seguln, Toxoo 78165
phone: (838) 972 -1001 Fax: (839) $70.1165
Field notes describing a 10.00 fool wide G.V.E.C. easement over a portion of Lot 12, Block 't 1, Northcliffe East
Community - Section one, plat recorded In Volume 4, Page 49, Plat Records, Guadalupe County, Texas and a
portion of Lot 13, Block 11, Northcliffe East Community Seolion Two, plat recorded In Volume 4, Page 75, Plat
Reoorcls, Guadalupe County, Texas, situated in the James W, Grey Survey No. 255, Abstract 144, Guadalupe
County, Texas and being more particularly described as follows: Note: All set pins are M' diameter rebar with
an orange plastic cap stamped "Tri- County ".
Beginning at a W diameter iron pin found in the southwest right-of-way line of Cherry Tree Drive, for the east
corner of Lot 1, Block 11, Northcliffe Community Section Two, plat recorded In Volume 4, Page 66, Plat
Records, Guadalupe County, Texas, the north corner of Lot 12 and the herein described easement.
Thence, In a southwest direction w1th the southwest right-of-way line of Cherry Tree Drive and the northeast
line of Lot 12, along the am of a curve to the left having a radius of 770.34 feet a central angle of 14° 50' 46 ", a
distance of 190.60 feet, to an iron pin eat for the and of said curve to the tell and the beginning of A curve to
the right. Chord bears S 41° 32'22' E, 199.05 feet,
Thence, in a southeast direction with ilia southwest right -of -way line of Cherry Tree Drive and the northeast
line of Lot 12 and 13, along The arc of sold curve to the right having a radius of 575.00 feet, a central angle of
390 45'2W, a distance of 399.00 feet to an iron pin set for the end of sold alive to the right and the beginning
of a curve to ilia left. Chord bears B 26' 65'65* E, 391.04 reel.
Thence, In a southeast direction with the southwest right -of -way line or Chony Troe Drive and the northeast
line of Lot 13, along the arc of said curve to the left having a radius of 625.00 feet, a central angle of 164 26'
03`, a distance of 160,60 fool, to an iron pin set for the north comer of Lot 14, NorthcGffo East Community Tvro
and the east comer of Lot 13, for the east corner of the herein described easement. Chord bears 517° 00' 17'
E. 150.07 feet
Thence, S 646 31'25'W. 121.26 feet with the northwest line of Lot 14 and the southeast tine of Lot 13, to an
Iron pin set in the northeast of a tract of land called 28.724 acres, described In Volume 965, Page 99, Official
Records, Guadalupe County, Texas, for the west earner of Lot 14, the south corner of the Lot 13 and the
herein described easement,
Thence, N 29' 66'0(Y W, M.03 feet with the northeast line of the 28.724 acre and the southwest line of Lot
13, to a point for the southernmost west comer of the herein described easement-
Thence, N 64' 31'26" E. 112.18 feet crossing a portion of Lot 13, to a point for an interior corner of the herein
described tract.
50713256.2 A -1
M4 1 8 9 P00 4 9 6
Page 2 of 2
10.00 foot wide GM.E.C.
Easement
Thence, In a northwest direction crossing a portion of Lot 13 and Lot 12, 10.00 feet northwest of and parallel to
the southwest right-of-way line of Cherry Tree Drive and the nodheast line of Lots 13 and 12, as follows:
Along the arc of a curve to the right having a radius or 835,00 rest, a central angle of IF 21' 47'. a
distance of 143A5 feet to a point for the end of said curve to the right and the beginning of a curve to the left.
Chord bears N 169 20'27" W, 143.02 feet.
Along the arc of said curve to the loft having a radius of 565.00 feet, a central angle of 390 46'19', a
distance of 302.03 feet to a point for the end of said curve to the left and the beginning of a curve to the right.
Chord bears N 289 55' 50'W, $64.21 foot,
Thence, along the arc of said curve to the right having a radius of 780.34 feet, a central angle of 14' 09'29", a
distance of 192.83 feet, to a point for an Interior corner of the herein described easement. Chord bears N 41,
63'00'W, 192.34 feet.
Thenco, S 69' 37'44" W, 111.83 feet crossing a portion of Lot 12, to a point in the northeast line of the 28.724
acre tract and the soutWost line of Lot 12, for the northernmost south comer of the herein described
easement.
Thence, N 29° 55' 03" W, 2.98 feet, a' /z' diameter Iron pin found and N 32' 40'46' W, 7.03 feat Will the
northeast line of the 28.724 acre tract and the southwest line of Lot 12, to an 'X' found scribed In concrete for
the south comer of Lot 1, the west comer of Lot 12, and the northemmost west corner of the herein described
easement.
Thence, N 591 3T44' E. 121.40 feet with the southeast line of Lot f and the northwesl line of Lot 12, to the
Place of Beginning and covering 0.223 of an acre of land according to a survey made on the ground on July
29, 2013, by Trl- County Surveying Inc.
Corresponding plat prepared.
Project No. 1204108E
50713256.2 A -2
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Aubrey VHolland
ftegistcrod Professional
Land Surveyor No. 4493
VU14189 P6014 97
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PLAT SHOWING:
SURVEY OF A 10.00 FOOT WIDE O, Y.E.C. FSISE.VENT OVER A PORTION' UP LOT 1 °, BLOCK 11,
N01MICLIFFE EAST COMMUNTTY-SECTION ONE, PLAN RL'CORDED IN VOLUME 4, PACE 40.
PIAT Pt,'CORDS, GUADALUPE COMM, TEXAS AND A PORTION OF LOT IV, BLOCK 11,
NORTHCLIFFE BAST COMMUNITY SECTION TWO. PIAT RECORDED 1.'V VOLUUB 4. PAGE %3,
PL7'T RECORDS, GUADALUPE CUUNT)', TEX45, SITUATED IN TIM' ✓AMES W. GP.Ef SUM),
NO, 255, ,IAS7'RACT 144, GUADALUPE COUNTY, TEXAS.
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50713256.2 A -3
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114 North Austin Street
Seguin, Texas 78155
Phone: (830) 372-1001 Fax: (830) 379-1155
Field notes describing a 10.00 foot wide G.V.E.C. easement over a portion of Lot 12, Block 11, Northcliffe East
Community- Section One, plat recorded in Volume 4, Page 49, Plat Records, Guadalupe County, Texas and a
portion of Lot 13, Block 11, Northcliffe East Community Section Two, plat recorded in Volume 4, Page 75, Plat
Records, Guadalupe County, Texas, situated in the James W, Grey Survey No. 255, Abstract 144, Guadalupe
County, Texas and being more particularly described as follows: Note: All set pins are 1/2" diameter rebar with
an orange plastic cap stamped "Tri- County'.
Beginning at a W diameter iron pin found in the southwest right -of -way line of Cherry Tree Drive, for the east
corner of Lot 1, Block 11, Northcliffe Community Section Two, plat recorded in Volume 4, Page 66, Plat
Records, Guadalupe County, Texas, the north corner of Lot 12 and the herein described easement.
Thence, in a southwest direction with the southwest right -of -way line of Cherry Tree Drive and the northeast
line of Lot 12, along the arc of a curve to the left having a radius of 770.34 feet a central angle of 14° 50' 46 ",
distance of 199.60 feet, to an iron pin set for the end of said curve to the left and the beginning of a curve to
the right. Chord bears S 41' 32' 22" E, 199.05 feet.
Thence, in a southeast direction with the southwest right -of -way line of Cherry Tree Drive and the northeast
line of Lot 12 and 13, along the arc of said curve to the right having a radius of 575.00 feet, a central angle of
39° 45' 29 ", a distance of 399.00 feet to an iron pin set for the end of said curve to the right and the beginning
of a curve to the left. Chord bears S 28° 55' 55" E, 391.04 feet.
Thence, in a southeast direction with the southwest right -of -way line of Cherry Tree Drive and the northeast
line of Lot 13, along the arc of said curve to the left having a radius of 525.00 feet, a central angle of 16° 26'
03 ", a distance of 150.59 feet, to an iron pin set for the north corner of Lot 14, Northcliffe East Community Two
and the east corner of Lot 13, for the east corner of the herein described easement. Chord bears S 17° 00' 17"
E, 150.07 feet.
Thence, S 64° 31'25" W, 121.26 feet with the northwest line of Lot 14 and the southeast line of Lot 13, to an
iron pin set in the northeast of a tract of land called 28.724 acres, described in Volume 985, Page 99, Official
Records, Guadalupe County, Texas, for the west corner of Lot 14, the south corner of the Lot 13 and the
herein described easement.
Thence, N 29° 55'00" W, 10.03 feet with the northeast line of the 28.724 acre and the southwest line of Lot
13, to a point for the southernmost west corner of the herein described easement.
Thence, N 64° 31' 25" E. 112.18 feet crossing a portion of Lot 13, to a point for an interior corner of the herein
described tract.
VDA189 P60499
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This page has been added by the Guadalupe County Clerk's office to
comply with the statutory requirement that the clerk shall stamp the
recording information at the foot of the last page of the document.
This page becomes a part of the document identified by Document Number
jq- LAS affixed on the first page of this document.
C�
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FILED FOR RECORD
14 JAN 31 PM 3' 25
TERESA KIEL
COUNTY LERK GUADALUPjE,COOUNNTTYI
SY Y l�J
STATE OF TEXAS
COUNTY OF GUADALUPE
I certify this Instrument was FILED on the
date and at the time stamped thereon and
was duty reeerded In the Official Public
Recorde of Guadalupe .County,
1
{Texas,
oVNtY Ce` V�/1.G� , KILN
+` TERESA KIEL
Guadalupe County Clork
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