14-R-08A - Wiederstein Enchroachment agreement CPS EnergyRESOLUTION NO. 14 -R -08A
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN
AGREEMENT FOR AN ENCROACHMENT AGREEMENT WITH
CPS ENERGY TO ENCROACH ON THE EXISTING ELECTRICAL
EASEMENT, OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Encroachment Agreement with CPS Energy to encroach on the existing
electrical easement; and
WHEREAS, the City of Schertz needs the permanent waterline easement and
encroachment agreement with CPS Energy 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 an Encroachment Agreement with CPS Energy for the purposes of permission to encroach
on the existing electrical easement; 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 execute and deliver
the Agreement with CPS Energy in accordance with the terms of the Agreements.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 OF RT XAS
Mic ael R. Carpenter, Mayor
ATTEST:
(3a� Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
ENCROACHMENT AGREEMENT
A -1
1q' 003725 VOL4 19 9 P60 6 3 5
NOTICE OF CONFIDENTiALTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS ANY INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER,
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GUADALUPE §
WHEREAS, on the 22 "d day of June, 1970, Emma M. Staudt did execute and deliver unto
the City of San Antonio as a part of its electric and gas system, CITY PUBLIC SERVICE
BOARD, a Municipal Board of the CITY OF SAN ANTONIO, TEXAS, created pursuant to the
authority contained in § 1502.070 of the Texas Government Code, and its predecessor statute, as
amended, and pursuant to the authority contained in the various bond ordinances affecting CITY
PUBLIC SERVICE (CPS ENERGY) a one hundred (100) foot wide electric easement and right -
of -way by instrument recorded in Volume 431, Page 263, Deed Records of Guadalupe County,
Texas, to -wit:
The center line of one hundred foot easement beginning at a point
on the west line of Emma Staudt joining a County Road at Station
#473+23.7 and extending to the Northeast line of Emma Staudt
joining Alvin Staudt at Station #501+81.4, this being a parcel or
tract of land out of the Martin and Walker Survey #113, Abstract
244 and being the same land conveyed to Grantors herein by deed
dated March 8,1949, Volume 236, page 227 and January 1, 1951,
Volume 244, page 548, of the Deed Records of Guadalupe County,
Texas.
WHEREAS, SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO
THREE LIMITED PARTNERSHIP, both Michigan limited partnerships, are now the owners of
Tract I, a 95.640 acre tract of land situated in the City of Schertz, Guadalupe County, Texas
being a portion of that certain tract of land called 200.198 acres of land out of a portion of the
Martin & Walker Survey No. 113, Abstract No. 244, Guadalupe County, Texas, and being the
same property described in a deed recorded in Volume 179, Page 475, Deed Records of
Guadalupe County, Texas.
WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS has proposed to install a
twelve (12) inch water main onto and into a portion of the one hundred (100) foot wide electric
easement and right -of -way and located on the 95.640 acre tract owned by SAN ANTONIO ONE
LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIPS, both
Michigan limited partnerships, constituting an encroachment thereon; and
WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS has permission to install
the said twelve (12) inch water main by instrument recorded in Volume 4193 , Page 479 ,
Official Records of Guadalupe County, Texas.
VO14199 POO636
WHEREAS, CITY OF SCHERTZ OF THE STATE OF TEXAS desires permission to
encroach with said twelve (12) inch water main onto and into a portion of the aforesaid one
hundred (100) foot wide electric easement and right -of -way, as shown by drawing marked
Exhibit "A ", attached hereto and made a part hereof.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration
of the sum of TEN AND NOMOLLARS ($10.00) and other valuable consideration paid to CPS
ENERGY, and in consideration of the foregoing premises, CPS ENERGY hereby grants unto
CITY OF SCHERTZ OF THE STATE OF TEXAS, its successors and assigns permission to
encroach a maximum 73.34' with the twelve (12) inch water main within the existing one
hundred (100) foot wide electric easement and right -of -way, as shown by drawing marked
Exhibit "A ", attached hereto and made a part hereof, located within Tract I, a 95.640 acre tract of
land situated in the City of Schertz, Guadalupe County, Texas, subject to the covenants and
agreements herein set forth.
Both parties to this agreement agree that no party is an agent, servant, or employee of
the other party and each party agrees it is responsible for its individual acts and deeds, as
well as the acts and deeds of its contractors, employees, representatives, and agents relating
to this agreement.
It is, however, agreed and understood that this agreement is made only upon the
understanding that should electric facilities need to be maintained and/or installed within the one
hundred (100) foot wide electric easement and right -of -way at any time hereafter, the then owner
of the twelve (12) inch water main will be given the option of either (i) relocating the twelve (12)
inch water main, or (ii) having CPS Energy install or relocate the electric facilities around the
location of the water main if CPS Energy determines that there is sufficient clearance within the
easement to accommodate the facilities; provided, however, in the latter event, the then
landowner shall be responsible for any additional or extraordinary cost of installing or relocating
the facilities, boring, etc.
It is, however, agreed and understood that this agreement is made only upon the
understanding that it is for the twelve (12) inch water main, only, and as shown by drawing
marked Exhibit "A ", attached hereto and made a part hereof, and that no other improvements or
additions may be installed within the one hundred (100) foot wide electric easement and right -of-
way by the CITY OF SCHERTZ OF THE STATE OF TEXAS, its successors and assigns.
As a condition to this consent, CITY OF SCHERTZ OF THE STATE OF TEXAS, its
successors and assigns covenants and agrees that it specifically releases and waives any and all
rights against CPS Energy, and holds CPS Energy harmless, for any and all damages to any
improvements located within the easement and right -of -way, whether caused by the negligence
of CPS Energy or otherwise, resulting from the exercise by CPS Energy of any of its rights under
the herein described one hundred (100) foot wide electric easement and right -of -way.
It is further expressly agreed that the City of Schertz may, for purposes of inspecting,
maintaining and repairing the twelve (12) inch water line, enter the one hundred (100) foot wide
electric easement and right -of -way by providing CPS Energy twenty -four (24) hours' notice of
its intent to do so. Except that if an emergency should prohibit the providing of twenty -four (24)
how notice the City of Schertz may otherwise enter the one hundred (100) foot wide electric
easement and right -of -way and shall provide CPS Energy notice of such entry within 24 hours
after its occurrence.
YUL4 I J tl PbU b j
It is further expressly agreed and understood that the covenants and agreements herein set
forth are to run with the CITY OF SCHERTZ OF THE STATE OF TEXAS easement and the
existing of the twelve (12) inch water main and shall be binding on all persons and parties
owning or claiming an interest in and to all or any part of the above described twelve (12) inch
water main located on Tract I, a 95.640 acre tract of land situated in the City of Schertz,
Guadalupe County, Texas.
SIGNED TO BE EFFECTIVE this � day of 014.
CITY OF SCHERTZ OF THE
STATE OF TEXAS
JOHN C. KESSEL
CITY MANAGER
STATE OF TEXAS
COUNTY OF BEXAR
CITY OF SAN ANTONIO, TEXAS,
ACTING BY AND THROUGH THE CITY
PUBLIC SERVICE BOARD OF
SAN ANTONIO, A "ICIPAL BOARD
OF THEMY OF ShV ANTONIO
BLAKE WILLIAMS
DIRECTOR
TRANSMISSION
ENGINEERING
a'hi instrument was acknowledged before me on
/ , 2014, by BLAKE
TRANSMISSION & &BSTATION ENGINEERING, o:
SERVICE BOARD of the CITY OF SAN ANTONIO, Texas.
; i►l` ..... =NOTARYPUBLIC noz
* *3 r F'' 01
STATE OF TEXAS
COUNTY OF GUADALUPE
& SUBSTATION
this day of
WILLIAMS, DIRECTOR OF
behalf of the CITY PUBLIC
Notary Public, State of Texas
This TI" was acknowledged before me this 1� day of
� T�
I 2014, by JOHN C. KESSEL, CITY MANAGER, on behalf
of CITY OF SCHERTZ OF THE STATE OF TEXAS.
A0000060$0000 0-1—
[16 SARAH E. GON7AI U
Notary Pu"'c
State of Teas
My Comm. Up.10- 31.2016
IH 55 N & P "rgtin Rd,
Cay ofs&me Curdd -p Co X. TX
EMIClth.Ml M111 M.WSPhi
U
Notary Public, State of Texas
co
m
110
a
0
C .O(dLX-gl9"O1�UYXC \CRYIY�9i(01\ 9 a3.t
C99tt 191Ctl10tl :vx 1J3Y1lld
bA0Z01g3C 00191C01 \$tIB'JK3 \COppS \I91f01 \"J 3C1 °I(A CAB KNVBG
,OS�,1 1rvJ5 £IOL '£0 I -9°1 0 XL
a
NIVN a31VM orisnd
.Zl
nol -I 14.m .Mlmllq ]ut
era- r,Aon) ••tow- se.ieul �a
Tit U bpfleY .9
SVX31 'Z1H3HOS
0°' "�"" w" w
OVOH N131SH3O31M O'10 Ol H1HON 9S 'H'1
S.IOUjauj+ Ung
O
4
I
$ ~ 3N01N�IY3SV3'
N
I
C
C � I
N t d
3 a�
m
N QJ 'FA
.00'411 i.�a 400
wp m
Mj `4Z
o C 3 W, Ip
ory
,X n
+3 �
z I W
'Vi 'C Ny'
pp3
'^ � aOt� 1 Q
W
V A iyypi W z
rl tm
z I C iJ L wu I U
�'
C1 u
N ' is
u
0i 2c
V
•.'3e WiAw= a� "� m —I I % �4Jt I w
u C Ci
I C O C e
C2 WOE
oo1.1 n-'iv al I �• W4-•1- �
3
a 4 acv I
�p�y'
V� YG `=
< €a °a o b =a:�
s -i�zMy �iIH
$�3F°
25 10,00'I
.•
II'
�k' w�"8i0
3$u n \ °Inl rin i z !;�
op
aN I 1 �' pO R
•
WN
1
d
*ffi8 Z
WL
> vuo'
\Ni APO Ej'
C .O(dLX-gl9"O1�UYXC \CRYIY�9i(01\ 9 a3.t
uNTY
Coup;
VOW 19 9 POO 6 3 9
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
I q ' r affixed on the first page of this document.
FILED FOR RECORD
14 MAR -5 PM 1: 21
"IERISIA COUNIY C �l
.4r �t1 ifJC�Lt
s T.ea°�td
STATE OF TEXAS
COUNTY OF GUADALUPE
I certify this Inslrumanl wag FILED on the
date and al the Ilmo slampetl (hereon end
was duty recorded in Iho 0111091 Pabllo
Reccrds of Guadalupo county, Texas,
VpTY Ca
y� 6�
n
7 .`r TERESAI4EL
9YGPECO��t� Guadalupe County Clack