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14-R-05 - Ector Crisler - Town Creek SewerliineRESOLUTION NO. 14 -R -05 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 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 WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver one (1) permanent sanitary sewer easement and one (1) temporary construction easement (collectively the "Sanitary Sewer Easement and Temporary Construction Easement Agreement') with the Ector N. Crisler and Allene Crisler Revocable Living Trust for the use, benefit, and control of the City; and WHEREAS, the City is constructing a sewerline extension on FM 482 and the easements are necessary to complete the project; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto as Exhibit A. 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 Sanitary Sewer Easement and Temporary Construction Easement Agreement in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Sanitary Sewer Easement and Temporary Construction Easement Agreement attached hereto. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. ATTEST: y QL�'5n� rda Dennis, City Secretary (CITY SEAL) 507157762 EXHIBIT A SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 5071577.2 A -1 j rr '' 201406008074 03111/2014 03:46:07 PM 1/14 v 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. SANITARY SEWER EASEME NT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COMAL § THAT the ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST (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 Corral County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.754 -acre portion of that 13.02 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 96060, Page 15140 of the Official Public Records of Comal County, Texas (the "Premises "), and (2) a temporary non- exclusive construction easement and right -of -way upon and across a 1.178 -acre portion of the Premises, 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 sewer line (the "Sewer Line "). The Construction Easement is granted for the purpose of facilitating the construction of the Sewer Line. The Easements herein granted are 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 Comal 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 across a 25 -foot wide strip of land 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 50713897.2 Sewer Line construction, or (b) nine (9) months after connnencement of construction, which commencement is hereby 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 Sewer 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 Sewer 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 Sewer 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 Sewer 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 Sewer 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 Sewer 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 Sewer Line for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Sewer 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) 50713897.2 - 2 - shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (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 Comal County, Texas as of the date hereof. (7) 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 Easements 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 oC— lTtA Ua v-1,,1 1(/i , 201�4(the "Effective Date "). [signatures and acknowledgements on the followingpages J 50713 &97.2 - 3 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE LIVING TRUST By Name: s Its: By: je"a- �J Name: {Alen/ Cri 51-er Its: f:�,s4e-c--- 50713897.2 - 4 - THE STATE OF IL �CQS COUNTY OF w T/h`is in trument was acknowledged before me on the31tday offl , 201.3 by as--fRA -- & of G�jlrnGCrpslelz Uc�c.G�l � l�tvuw�Tn.<s -f-. (SEAL) aaaaaaaaaaaaaaaaaaaaaaaaaa CYNTHIA ANNE RALEIGH SP111",* Notary Public State of Texas Comm. Exp. 02.11.2015 v v tiWvti %Is tlti14VVtitledti'"I "M THE STATE 4 S COUNTY OF _O'k Notary Pubftda and for The State of--r�VAS My Commission Expires: ps.111 IS Al leac, This instrument was acknowledged before me on the 30" day of Don 2015 by c� l S �^ , as- ' j of �/.i • GhS � r d n �( Clll {nr. CY) s/� r' 1� 1 r(.�9f. (SEAL) �aaaaaaaaaaaaaaaaaaaaaaaaaa CYNTHIA ANNE RALEIGH * ®* Notary Public y State of Texas y Comm. E ti�e�eti�c�c�es;a�e c�c�c�c c xp.02�1-2015seti� Notary Public ih -add for v The State ot—T� Og My Commission Expires: 50713897.2 - 5 - GRANTEE: CITY OF SCHERTZ John C. essel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the Wday o � IA 201+by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Am ALEZ 4 c Notary Publs The State of Texas 1.2016 My Commission Expires: I q61 1 AFTER RECORDING RETURN TO: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50713897.2 - 6 - EXHIBIT A Permanent Easement [See the following three pages] ADDED TO EFFECT SCANNING PER COMAL COUNTY CLERK 50713897.2 A -1 Date: December 19, 2013 Project No: 1124.260304 16 foot Sanitary Sewer Easement Page I of 2 A 0.741 acre (32,297.4 sq. ft.) sanitary sewer casement situated in the Rafael Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more or less, conveyed to The Ector N. Crisler and Aliene Crisler Revocable Living Trust in Document No. 9606015140 of the Official Public Records of Comal County, Texas, and being more particularly described as follows: BEGINNING: at a %n inch iron rod with cap marked 9408" found on the Southeastern line of Union Pacific Railroad right of way line for the Northeastern comer of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio in Document No. 200606032025 of the Official Public Records of Comal County, Texas, a corner of the said 110 acre tract, for the Northwestern corner of this easement; THENCE: N 68 °55'15" E — 1888.08 feet along the Southern line of the said Union Pacific Railroad R.O.W. line, the Northern line of the said 110 acre tract to a point for the Northeastern comer of this easement; THENCE: S 30127'13" E — 143.72 feet across the said 110 acre tract to a %, inch iron rod with cap marked "ACE" found on the Northwestern line of Farm Market Road No. 482, the Southeastern line of the said 110 acre tract, for the Southeastern corner of this easement; THENCE: S 59 °23'21" W — 16.00 feet along the Southeastern line of the said 110 acre tract, the Northwestern line of said Farm Market Road No. 482 to a point for a corner of this easement; THENCE: N 30'27'13" W — 130.19 feet across the said 110 acre tract to a point for a corner of this easement; THENCE: S 68 °55'15" W — 1875.62 feet continuing across the said 110 acre tract to a point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre tract, for the Southwestern corner of this easement, from which a %, inch iron rod found on the Northwestern line of said Farm Market Road No. 482, for the Southeastern comer of the said 6.819 acre tract, the Southwestern comer of the said 110 acre tract bears S 17 °02'31" E — 477.08 feet; DRIVE, SUITE IN, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1-800-332-3109 Web Site: www,fordengincering.com TRPE No. F -I 162 50713897.2 A -2 FORD EN INC. Page 2 of 2 THENCE: N 17 °03'31" W — 16.04 feet along the Eastern line of the said 6.819 acre tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and containing 0.741 acres (32,297.4 sq. ft.) of land; according to a survey made under my supervision; Bearings are oriented to Lambert Grid, Texas Smuh Central Zone, NAD 83. Corresponding plat prepared, 1124260304 Crisler Perm. Esmt. 10927 WYE DRIVE, SUITE 104, 1- 800 - 332 -3109 Rex L. Hackett Registered Professional Land Surveyor License Number 5573 SAN ANTONIO, TEXAS 78217 Web Site: www.tordengineering.com 50713897.2 A -3 (210) 590 -4777 FAX: 590 -4940 TOPE No. F -1162 0 .ON oo° Szot �lz Nd� o _ rooMod O0aj�s HuLl AIJ� V >_ F� o m O F zV a `00,5 y M M C) r m wzm UuQ N i £ O O� Oi 0. A \ 191 •osi F; � 9 � � I c to \ Wrp A \\ $ n� L` Q \ \\ z 6 g �r Ea 'M �3�r a� A mA gAa z 6 \ 'M \ A mA \ c > v� 2 q yn T n 0 N �j •> C 50713897.2 A -t} I- \1 .' o. 1 3- r EXHIBIT B Construction Easement [ See the following three pages] ADDED TO EFFECT SCANNING PER COMAL COUNTY CLERK 50713897.2 B -1 10927 FORD - ENGINEERING. INC. Date: December 19, 2013 Page I of 2 Project No: 1124.260304 25 foot Temp. Construction Easement A 1.139 acre (49,634.1 sq. R.) Temp. Construction Easement situated in the Rafael Gana Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more or less, conveyed to The Ector N. Crisler and Allene Crisler Revocable Living Trust in Document No. 9606015140 of the Official Public Records of Coma] County, Texas, and being more particularly described as follows: BEGINNING: at a point on the Western line of the said 110 acre tract, the Eastern line of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio in Document No. 200606032025 of the Official Public Records of Comal County, Texas from which a'' /z inch iron rod with cap marked "3408" found on the Southeastern line of Union Pacific Railroad right of way line for the Northeastern comer of the said 6.819 acre tract, a comer of the said 110 acre tract bears N 17 °03'31" W — 16.04 feet; THENCE: N 68 °55'15" E — 1875.62 feet along the Southern line of a 16 foot sanitary sewer easement, this day described, and across the said 110 acre tract to a point for a comer of the said 16 foot sanitary sewer easement, for a comer of this easement; THENCE: S 30027'13" E — 130.19 feet across the said 110 acre tract to a point on the Northwestern line of Farm Market Road No. 482, the Southeastern line of the said 110 acre tract from which a %s inch iron rod with cap marked "ACE" found on the Northwestern line of said Fann Market Road No. 482, the Southeastern line of the said 110 acre tract bears N 59 °23'21" E —16.00 feet; THENCE: S 59 °23'21" W — 25,00 feet along the Southeastern line of the said 110 acre tract, the Northwestern line of said Farm Market Road No. 482 to a point for a corner of this easement; THENCE: N 30127'l 3" W — 109.05 feet across the said 110 acre tract to a point for a comer of this easement; THENCE: S 68'55'15" W — 1856.18 feet continuing across the said 110 acre tract to a point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre tract, for the Southwestern corner of this easement, from which a'' /Z inch iron rod found on the Northwestern line of Farm Market Road No. 482 for the Southeastern corner of the said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 00211" E — 452.02 feet; DRIVE, SUITE IN, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 5904940 1- 800 - 332 -3109 Web Site: www.lordengineering.coln IB11 NO. [-1162 50713897.2 B -2 ENGINEERING, INC Page 2 of 2 THENCE: N 17 °03'31" W — 25.06 feet along the Eastem line of the said 6.819 acre tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and containing 1.139 acres (49,634.1 sq. ft.) of land; according to a survey made under my supervision; Bearings are oriented to Lambert Grid, Texas South Central Zone, NM 83. Corresponding plat prepared. 1124260304 Crisler Const, Esmt. Rex L. Hackett Registered Professional Land Surveyor License Number 5573 DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940 1 -800- 332 -3109 Web Site: www.fordenginecting.com TBFE No. F -1162 50713897.2 B -3 ado .08 0p0 SLOLS'�O;,618Hdr � Ov 3s 0 O yyS0Q -� U. yyyy �.�^..ml*1 OXXpO �i v�i O'n 0.0 r�y� n R"x� i 408. o - 0,Z u� O¢O ymn iQ _" R o PnH m � P s �g 2y Olr44°2 ma n t C p I 2 to Z m wzzzm RN 1-1 (� N D NO z W N O O Z www41 N h t a_ F mFF NpNp UOI� O O T P m I s m �\ tr \) z G1 C� NIr *. 2 n �a0 wa � e �a Ail ��1L2I UI (4o WN _PV Filed and Recorded Official Public Records Joy Streeter, County Clerk Comal County, Texas 03/1172014 03:46:07 PM LAURA 14 Pages) 50713897.2 B_4 201406008074 b4 EQ 9� y� 6 0 i gg3 I s m �\ tr \) z G1 C� NIr *. 2 n �a0 wa � e �a Ail ��1L2I UI (4o WN _PV Filed and Recorded Official Public Records Joy Streeter, County Clerk Comal County, Texas 03/1172014 03:46:07 PM LAURA 14 Pages) 50713897.2 B_4 201406008074