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14-R-06 - Hubertus Retail Subdivision Easement AgreementsRESOLUTION 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 WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City authorize the acceptance of a Permanent Stormwater Drainage Easement and a Temporary Construction Easement (the "Easements ") in the Hubertus Retail Subdivision and that the City enter into the Stormwater Drainage Easement and Temporary Construction Easement Agreement set forth on Exhibit A (the "Agreement') with Riata Land, Ltd. in connection therewith; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the acceptance of the Easements and to enter into the Agreement with Riata Land, Ltd.; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Noir.1 Section 1. The City Council hereby authorizes the acceptance of the Easements and further authorizes the City Manager to execute and deliver the Agreement with Riata Land, Ltd. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. 4077 S i acl R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A STORMWATER DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT A -1 for all purposes (the "Permanent EaSQM6 {" ) , and being a tract of land of the Grantor more particularly described it No: 200606.003130 of the Official Public,Rewrds of Corr (2) A tempo a ynon- exclusive construction easement and 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 Stormwater, Drainage Facilities, nor shall any such persons erect or permit the erection of any buildings, 11 . slabs, .structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the St ormwater Drainage Facilities' continued use and maintenan ce. 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 ri ght to remove such building, slab, structure, or improvement to allow, for the construction, operation, maintenance, or repair of the Stormwater prainage Facilities. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either. the Permanent Easementer,, the Construction Easement, and shall notify Grantor prior.,to the removal of any specimen greater than six (6") inches in diameter which is included on any preferred tree list maintained by the City of Scheifz. Grantee shall bo fully responsible for any required tree mitigation as a result of the work. To the extent that construction of the Stormwater Drainage Facilities results in the removal of brush from the Easements, the Grantee shall 11 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 Stormwater. Drainage Facilities for the Grantee to enter the Grantor's Premises for the purpose o£ maintaining, repairing, operation, or condition that it was in prior to such entry to the full extent reasonably practicable (6) The Easements are further made subject to all validly existing easements, rights- of wav - rnnrii4inna :rwe4rinkinna.nn..oa....a.. ...::a•.a,..i�i:.- : -,.�__ t.__ -.a. Executed to be effectiye as of 2014 (the "Effective Date"). [signatures and acknowledgements on the followingpagesl This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: RIATA LAND, LTD., a Texas limited partnership By: Int By: Name: Title: 50310407.1 _ - , -4- MARY r Pubr Notaazy Public, in and for NoforyyPUbno The State of Texas &ala ofTexae MVComm.k p.10 /1�!?af6 My Commission Expires; 110 50310407.i 5 - The undersigned joins in the execution hereof to evidence its consent hereto and to subordinate its liens to the terms and conditions set forth herein. TIE; AMERICAN TEXA0 By: Name: Title: THE STATE OF TEXAS COUNTY OF ft &F NATIONAL BANK OF BEFORE ME, the undersigned authority, on this day personally appeared t , the40&na CQd —V(.0i Jof THE AMERICAN NATIONAL BANK O'F TEXAS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said bank. under my hand and seal of office this theM day of 0001 {ALA 2013. KAYLA WGREGGp My Commission Expires October 19, 20,15 [END OF SIGNATURE J/ IT �i � e CNN,G, • 50310447.1 - 7 _ EXHIBIT A Permanent Easement -- MACINA+ Boar eCOPELAND mini ASSOOIAT66,INO - - ' OONSULTINO 9NOIN8CRS ANO LAND SUAVPYORS - - -,- - ''lcvn{fI00111"m Enpin°whO. FWk P-784 - - 'E M N S G'Rs 1035 Ct ilml Paihv y N°nl S1i]AW4P10, - 1210) 595.1132 FA'St TYxu 78233 - - 2101 645.9702 - 'Wwu:m8tan01nenFa.t°nl ' - METES AND BOUNM - - ONscilIPTION o[' - - - - 71.0,9007 OF AN ACRE (422 SQUARE FEET) TRACT OF ],AND OUT OF A GA1,ILp 73,323 ACRE .TRACT, A43 RmCORou IN DOCUMENT, NO. 200606003130, OP.THE OFFICIAL PUBbIC RECORDS,. COMAL COUNTY, - TEXAS; OUT OF WIN R, GARZA SURVMY NO, 90, ABSTRACT NO, .175, - - (:OMAI COUNTY, .SI'TUATMI1 IN 1'NE CITY :OF SCNERTZ;` TEXAS, AND BEING MORE PARTICULARLY WSCRIBED IN A CLOCKWISE MANNLR AS IiC).LI.OWS: -- - - CO,'&SB9•ICII7PS; _ At a found 15 „- . -1,ron rod and Ct1)1 °NBC`• said fsund 43” iron. rod being the northweei; corner of Lo 't .2, NUburtUN Re tail Subdivasaon., its recorded in - - -. Document No. 2D0706022444 of the Official. Public -- ROCOrdS, Cymal County, Texap, "said found �t "'iron - rod, being i:he northnnat corner of said called 73.323 acre tract, acid found W iron rod aleo being,on the southern right-of-way line.o£ InCerstate Ilighway 35 (a Public, right-9f -WQy - TNLNCE: S 30 °15'131'.6, 12.56 feet, leaving Lhe.aauthern XIght-Of -way of said Intexatate Highway 35, along _- -. - and with the .6o jOn like of ur]id i,oe ;2, 9lubei CUS - ROtah StllxilvislOn..alTd said Called 73.32:9 Acre Trtact-j to a point, at the point of beginning of this Cract; - J HENCF;: S 30 °15' 151131"R -15.07-feat, along and With t;hO - - common ltnO oi'.:said Lot. t7, jjubbrtus AeCa;il Subdivision and as id 73.323 acre tract, to , &.point! THENCC; 5.12 ieoi,,loaig o common 65 °09'00" W, 2 .' line sa. d Lot 2, flubettUS Retail $mbdiVlsion and 0aid called! 73,323 Hero CracL, to a!0 ointl Ti1GNCE] N 30 °15'13" W, 15,07 toot, Lo a point; ' Pap 1 of 3 Y, \t°°p1 W0]18- IIuOtUU+nt{Ni°a \h4tter° \0.0047 A° 110t17.do x _ - .50310407.1 it I THENCE N 65009100" E, 20.12 feet, tp GhU .point, of beginning of this tract. "This description is batlecl on the Land Title Survey and,plaL made by Joe Edtrabd.liiglt #9700 Registered .Fryfess,tonal Surveyor on November 9, 2013" T■ Joe Edward Higle, [ieglstorOd Professional Land ,Surveyor do hereby affirm that this description is based on the resu].LS of a survey made on the ground by the firm of Maci.na, Bose, Copeland and Associates, Inc.., of which 1 sury �a� }�a.a been prepared. y�4tyl�iA7�gn ?"� 1' YY j�uN I�r_.C�� --•col tr C, N0, 97 V0 L1HA SUREYOR 3011!3 -Gems 1 November 9, 2413 JEH /nt y OEIEN7101Y POND F1 Of Jo' Co ai TE 20 1 Honorable Joy Streeter, Coma[ County Cleric Coma] County TX 150 N. Seguin, Suite 101 New Braunfels, TX 78130 Phone: (830) 221 -1230 Receipt for Services Cashier TERM Batch 4 218816 Date: 01/23/2014 Time: 09 :58:54AM Customer Name GRACY TITLE CO 100 CONGRESS AVE STE 100 AUSTIN, TX 78701 Date Instrument No Document Type Transaction Type GF Number Pe /Amt 1/23/2014 9:58:54AM 201406002433 CASEMENT 12 Total: $65.00 Fee Total: $65.00 CiiECK 23215168 TR 65.00 Payment Total: $65.00 Page 1 of 1 Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 7, 2014 Department: Public Works Subject: Resolution No. 14 -R -06 - a Resolution authorizing the acceptance of a Stormwater Drainage Easement and a Temporary Construction Easement and authorizing a Stormwater Easement and Temporary Construction Easement Agreement with Riata Land, Ltd. BACKGROUND As a part of the development of the property, the City's regulations require that the Developer, SCC Development Company, LLC (the "Developer ") provide to the City a Permanent Stormwater Drainage Easement to discharge stormwater. This easement will be located on a downstream property owned by Riata Land, Ltd. (the "Owner "). The Developer is developing the property for the Hubertus Retail Subdivision located on IH 35 and FM 1103. The Developer will pay the Owner in a private third party transaction an amount negotiated between the Developer and the Owner so that the Owner will grant the easement to the City. The owner is granting the City this easement so that the City can monitor and regulate the stormwater discharge that will pass through this easement to ensure that city and state regulations are met. The easement formally acknowledges that there will be additional stormwater runoff on the property. In addition, the Owner will grant a Temporary Construction Easement that will be utilized to construct the detention pond on the easement property. Goal To accept a Permanent Stormwater Drainage Easement and a Temporary Construction Easement from Riata Land, Ltd. and to approve the casement agreement granting the easements to the City. Community Benefit The easement formally acknowledges that there will be additional stormwater runoff on the property and allows the City to monitor and regulate the stormwater drainage that will pass through this easement to ensure that city and state regulations are met protecting life and property downstream. Summary of Recommended Action Staff recommends Council approve the resolution authorizing a Permanent Stormwater Drainage Easement and a Temporary Construction Easement from Riata Land, Ltd. FISCAL IMPACT No fiscal impact to approve the Permanent Stormwater Drainage Easement and Temporary Construction Easement Agreement. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -06 ATTACHMENTS Resolution 14 -R -06 Permanent Stormwater Drainage Easement and Temporary Construction Easement Agreement