14-R-26 - Joan Blanchard Easement-Towncreek SewerlineRESOLUTION NO. 14 -R -26
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
WITH JOAN BLANCHARD 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) temporary construction easement (collectively the "Temporary
Construction Easement Agreement') with the Joan Blanchard 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 the 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 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 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 25th day of March, 2014.
CITY CHER TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
50715776.2
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
50715776.2 A -1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE PP IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION EASEMENT
lV FOR THE CITY OF SCHERTZ, TEXAS
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF COMAL
WHEREAS, on the 14th day of November, 2008, the City of Schertz, a Texas home rule municipality,
with offices at 1400 Schertz Parkway, Schertz, Bexar County, Texas, 78154 (hereinafter referred to as
"Grantee "), was granted easement rights pursuant to an easement which is filed of record in Volume 573,
Page 626 of the Real Property Records of Comal County, Texas (the "Permanent Easement "); and
WHEREAS, Grantee now requires a 25 -foot wide temporary construction easement (hereinafter referred
to as "Temporary Construction Easement ") adjacent to the Permanent Easement to perform construction
activities on the sewer line located within the Permanent Easement; and
WHEREAS, Joan Blanchard, a single person, whose address is 226 Royal Oaks, San Antonio, Bexar
County, Texas (hereinafter referred to as "Grantor "), desires to grant Grantee a Temporary Construction
Easement on its properly and alongside the Permanent Easement for said purposes.
NOW THEREFORE, the Grantor for and in consideration of the amount of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, to
Grantor in hand paid by Grantee, Grantor hereby grants a Temporary Construction Easement over and
across Grantor's lands adjacent to the Permanent Easement, and as more particularly described on the
attached Exhibit "A ", for all things necessary for the entering and installation of sewer lines, facilities
and the appurtenances thereto ( "Improvements ").
The Temporary Construction Easement herein granted is subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
This conveyance is made and accepted subject to any and all restrictions, covenants, conditions,
reservations, setback lines and easements, if any, now outstanding and of record in Coma]
County, Texas, and to all zoning laws, regulations and ordinances of municipal and /or
governmental authorities, if any, but only to the extent that they are still in effect relating to the
hereinabove described Temporary Construction Easement.
2. The easements, rights, and privileges granted hereby shall be for the benefit of and be restricted
solely to the parties hereto provided, however, the foregoing shall not be deemed to limit or
restrict Grantee's ability to retain and utilize contractors and subcontractors to perform work in
the Temporary Construction Easement. No easements, except those expressly set forth herein,
shall be implied by this agreement
The Temporary Construction Easement shall terminate upon the earlier to occur of (a) completion
of construction of the aforesaid Improvements; (b) the written agreement of both parties; or (c)
March 28, 2015.
Page 1 of 4
4. No storage and /or staging of materials and /or equipment is allowed within the Temporary
Construction Easement.
5. Once construction of the Improvements begins, Grantee shall be responsible for
maintaining the Easement Property(s) in a neat and clean condition until such time as said
temporary easement is terminated.
6. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to
use and enjoy the surface of the Temporary Construction Easement for all purposes
which do not interfere with or interrupt the use or enjoyment of the Temporary
Construction Easement by Grantee.
7. Upon completion of Improvements Grantee shall return the surface of the Temporary
Construction Easement to its original preconstruction condition.
8. If either party brings or commences any legal action or proceeding to enforce any of the terms of
this Temporary Construction Easement the prevailing party in such action shall be entitled to the
recovery of all costs and expenses of litigation, including, without limitation, reasonable
attorneys' fees, court costs, and costs of appeal.
9. This Temporary Construction Easement shall be governed and construed in accordance with the
laws of the State of Texas. The parties agree that the venue shall be proper in Comal County,
Texas.
10. This Temporary Construction Easement may not be modified except in writing signed by the
parties hereto.
11. This Temporary Construction Easement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
12. Nothing in this Temporary Construction Easement shall affect the validity, effectiveness, or
modify the terms of the Permanent Easement, which remains in fill force and effect.
13. The recital contained in the preamble of this Temporary Construction Easement are hereby found
to be true, and such recitals are hereby made a part of this Temporary Construction Easement for
all purposes.
And Grantor does hereby bind itself, its legal representatives, successors and /or assigns to warrant and
forever defend all and singular the above described easement and rights unto the said Grantee, to have and
to hold, it successors and assigns, against every person whomsoever lawfully claiming or to claim the
same or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the
matters set forth herein.
EXECUTED to be effective as of the je�day of 204 (the "Effective Date ")
[Signatures on the following pages]
Page 2 of 4
EXECUTED as of the date of the acknowledgement to be effective, however, as of the Effective Date.
GRANTOR:
CITY OF SCHERTZ, TEXAS
By:
Jollh4l,essel, City Manager
ATTEST:
,p,' -' mfr •t}3 �� �n � `k��%VLNLA _V_I
L
Dennis, City Secretary
THE STATE OF TEXAS
COUNTY OF BEXAR § �
This instrument was acknowledged before me on this the a( l r day of 20t,
by JOHN KESSEL, the City Manager of the City of Schertz, Texas.
(SEAL)
SARAH E, GONZALEZ
Notary Publlc
State of Tens
My Comm. Exp.10.31.2016
NOTARY PUBLIC, STA
Printed Name of Notary:_
My Commission Expires:
Page 3 of 4
GRANTEE:
By: W .
AN BLANCHARD, Property Owner
THE STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on this the I ( day of , 20-18-1
by JOAN BLANCHARD, Property Owner.
(SEA
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' Ne1e^ °i°u' OTA PUBLI T TE O EXAS
Mat, MTeue
Ezpir�a:01.10 -20fs ' ted N ne ofN y: t1P
My ommission Expires:
Page 4 of 4
10927
FORD ENGINEERING, INC.
Date: February 6, 2014 Page 1 of2
Project No: 1124.2603
25 foot Temporary Construction Easement
A 0.234 acre (10,194.1 sq. ft.) temporary construction easement situated in the Rafael
Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 65.449 acre
tract of land conveyed to Joan Blanchard recorded in Volume 573, Page 626 of the Deed
Records of Comal County, Texas and being more particularly described as follows:
BEGINNING: at a point on the Northernmost Western line of the said 65.449 acre tract,
the Eastern line of that certain 5.93 acre tract of land conveyed to Joseph Hendrix
recorded in Document No. 200306034249 of the Official Public Records of Comal
County, Texas, from which a %, inch iron rod found on the Southeastern line of Farm
Marked Road No. 482 for the Northwestern comer of the said 65.449 acre tract, the
Northeastern comer of the said 5.93 acre tract bears N 30 °08'55" W — 159.91 feet;
THENCE: N 03 °46'39" W — 83.55 feet across the said 65.449 acre tract to a point for a
corner of this easement;
THENCE: N 25 °22'51" E— 131.63 feet continuing across the said 65.449 acre tract to a
point on the Northwestern line of the said 65.449 acre tract, the Southeastern line of said
Farm Market Road No. 482, for a comer of this easement;
THENCE: N 63 °59'48" E — 38.52 feet along the Northwestern line of the said 65.449
acre tract, the Southeastern line of said Farm Market Road No. 482 to a point for a comer
of this easement;
THENCE: S 30'05'15" E —16.67 feet across the said 65.449 acre tract to a point on the
Northwestern line of a 15 foot sanitary sewer easement, Part One, recorded in Volume
784, Page 250 of the Deed Records of Comal County, Texas, for a comer of this
easement;
THENCE: S 59 °54'45" W — 22.54 feet along the Northwestern line of the said 15 foot
sanitary sewer easement to a point for a corner of the said sanitary sewer easement, for a
corner of this easement;
THENCE: S 25°22'51" W — 127.21 feet continuing along the Northwestern line of the
said 15 foot sanitary sewer easement to a point for a comer of the said sanitary sewer
easement, for a comer of this easement;
THENCE: S 03 °46'39" E — 71.19 feet continuing along the We-stem line of the said 15
foot sanitary sewer easement to a point for a comer of this casement;
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800 - 332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162
FORD ENGINEERING, INC.
Page 2 of 2
THENCE: S 30 °08'55" E — 176.47 feet across the said 65.449 acre tract and crossing
the said 15 foot sanitary sewer easement to a point for the Southeastern corner of this
easement;
THENCE: S 5948'14" W— 25.00 feet continuing across the said 65.449 acre tract to a
point on the Western line of the said 65.449 acre tract, the Eastern line of the said 5.93
acre tract for the Southwestern comer of this easement;
THENCE: N 30 °08'55" W — 182.34 feet along the said line to the POINT OF
BEGINNING and containing 0.234 acre (10,194.1 sq. ft.) of land; according to a survey
made under my supervision.
Corresponding plat prepared.
1124.260304 Blanchard Temp Esmt.
REVISED 02 -27 -2014
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800 - 332 -3109 Web Site: www.fordengineering.com THE No. F -1162
i
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/° RAFAEL GARZA
GG / SURVEY No. 98
25' TEMP CONST. ESMT. A -176
0.234 Acres
10,194.1 Sq. Feet
i / Op£ .�,a5g1, •\ �` I 6a Bkmhofd
5 ACRES
N7L 57J, R?. 626
i q ACRES
DOC. NO, 20006034249
STATE OF TEXAS:
COUNTY OF COMAL:
I, REX L. HACKETT. DO HEREBY
THIS PLAT W PREPARED FR(
MADE ON T ROUND AND UI
DATE: 02.06 -2014
PROJECT NO.: 1124.260304 TEMP
DRAWN BY: R.L.H.
REVISED 02- 27.2014
0
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.....................�
REX L. HACKETT
�. 6573
LINE
-Cl
BEARING
DISTANCE
N 03.46 39" W
8155'
L2
N 25!22'510 E
131,63'
L3
N 63'59148" E
38.52
R
S 30'05'15" E
16.67
L5
S 59'54 45 W
22.54'
L6
S 25'22'51" W
127.21'
L7
S 03'46'39 E
71.19'
L8
S 30'08'55" E
176.47'
L9
S 59'48'14 W
25.00
L10
N 30`08'55 W
182.34'
PLAT SHOWING
0.234 AC. — 10,194.1 SQ. FT.
TEMPORARY CONST. ESMT.
SITUATED IN THE RAFAEL GARZA
SURVEY NO. 98, ABSTRACT NO. 175,
BEING A PORTION OF THAT CERTAIN
65.449 ACRE TRACT OF LAND CONVEYED
TO JOAN BLANCHARD RECORDED IN
VOLUME 573, PAGE 626 OF THE
OFFICIAL PUBLIC RECORDS OF
COMAL CO., TEXAS
* FORD ENGINEERING INC.
ENGINEERING PLANNING • DEVELOPMENT
duo 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217,(210) 5904777
This page has been added to comply with the statutory requirement
that the clerk shall note the recording information at the bottom of the
last page.
This page becomes part of the document identified by the instrument
number affixed to the first page.
Filed and Recorded
Official Public Records
Joy Streeter, County Clerk
Carnal County, Texas
03/27/2014 09:14:18 PM
LAURA 9 Page(s)
201406009926