14-R-72 - Easement, Joseph HendrixORIGIN41
RESOLUTION NO. 14 -R -72
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING A PUBLIC UTILITY EASEMENT
AGREEMENT WITH JOSEPH D. HENDRIX 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 ") approved a Public Utility
Easement Agreement with Joseph D. Hendrix for the use, benefit, and control of the City
effective on February 14, 2014 (the "Original Utility Easement Agreement'); and
WHEREAS, the City is constructing a sewerline extension on FM 482 as part of the
Town Creek Sewerline Extension Phase III Project; and
WHEREAS, the City has been required by the Texas Department of Transportation to
modify the plans for the Town Creek Sewerline Extension Phase III Project on FM 482 resulting
in the need to modify the Original Utility Easement Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City and
Joseph D. Hendrix to enter into the Amended Public Utility Easement Agreement attached hereto
as Exhibit A, amending the Original Utility Easement Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1F11=1
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Amended Public Utility 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 Amended Public Utility Easement Agreement attached hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be hue,
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 pails 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 26th day of August, 2014.
CITY
ATTEST:
nda Dennis, City Secretary
(CITY SEAL)
50715776.2
R. Carpenter, Mayor
EXHIBIT A
AMENDED PUBLIC UTILITY EASEMENT AGREEMENT
50715776.2 A -1
�� 201406036371 10/0612014 03:29:02 PM 118
YOOUICI OF CONFIDENTIALITY
MOVENOR STRIK RIGHTS: ANY IF YOU ARE A NATURAL PE
OR ALL OF THE FOLLOWING
ON,
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
AMENDED PUBLIC UTILITY EASEMENT AGREEMENT
This Amendment to Public Utility Easement Agreement ( "Agreement ") is entered into
between JOSEPH D. HENDRIX, an individual whose address is 7031 F. M. 482, Schertz,
Guadalupe County, Texas 78321, ( "Grantor "), and THE CITY OF SCHERTZ, TEXAS, a
Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154
( "Grantee "). Grantor and Grantee are collectively referred to as the "Parties ". Grantor, for
the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant,
sell and convey unto Grantee, an easement and right -of -way ( "Easement ") upon and across
the property of Grantor which is more particularly described on Exhibit "A ", attached hereto
and incorporated herein by reference ( "Easement Tract ").
Recitals
Whereas, Grantor and Grantee entered into that certain Public Utility Easement
Agreement, on February 14, 2014, which was recorded in the Official Public Records of
Comal County, Texas, on March 11, 2014, under Document No. 201406008073; and
Whereas, the Parties agree to amend the aforementioned original Public Utility
Easement Agreement by this instrument to revise the description of the easement and right -of-
way and secondary easement as reflected herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are acknowledged, the Parties agree as follows:
1) Grantor and Grantee hereby amend the legal description of the original
Easement and Right -of -Way set forth on Exhibit "A" attached hereto, and
made a part hereof, by reference.
2) Grantor and Grantee hereby amend the legal description of the original
Secondary Easement as set forth on Exhibit "B" attached hereto, and made a
part hereof, by reference.
3) All other terms and conditions of the original Public Utility Easement
Agreement shall remain in full force and effect.
Executed to be effective as of the Aeday of TV/l q ks l , 2014.
[Signatures and Acknolrledgements on the Following Pages]
IN WITNESS WHEREOF, this instrument has been executed as of the dates of the
acknowledgements to be effective as of the Effective Date.
GRANTO :
J eph D. Hendrix
AGREED AND ACCEPTED:
GRANTEE:
CITY OF SCHERTZ, TEXAS
a Texas Home -Rule Municipality
By:
Joh . Kessel, City Manager
A EST:
renda Dennis, City Secretary
THE STATE OF TEXAS
COUNTY OF O W L
This instrument was acknowledged before me on the 12 6 day of , 2014,
by Joseph D. Hendrix, an individual residing in Comal County, Texas. �T
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CYNTHIA ANNE RALEIGH
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THE STATE OF TEXAS
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This instrument was acknowledged before me on the t ` " day of _; 2014,
by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
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STATE OF TEXAS:
COUNTY OF COMAL :
JOSEPH HEN B(
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2003060301
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LINE
BEARING
DISTANCE
L1
S 74'30'16" E
42.01'
L2
N 31'42'38' W
6.31'
L3
N 03'46'39" W
68.07'
L4
S 30'08'55 E
92.17'
L5
N 74'30'16" W
21.28'
L6
N 28'19'05" W
25.01
RAFAEL GARZA
SURVEY No. 98
A -176
I, REX L. HACKETT, DO HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON E GROUND AND UNDER MY SUPERVISION.
i
REX L. RACJYE7T R.P.GS. NO. 5573
DATE: 07 -23 -2014
PROJECT NO.: 1124.260304 TEMP
DRAWN BY: R.L.H.
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VOL. 573, PG. 626
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Joan Blanchard
65.449 ACRES
VOL. 573, PG. 626
BEARINGS ARE BASED ON LAMBERT GRID
TEXAS STATE PLANE COORDINATES
SOUTH CENTRAL ZONE, NAD 83
PLAT SHOWING
0.3902 AC. — 16,998.22 SQ. FT.
TEMPORARY CONST. ESMT.
SITUATED IN THE RAFAEL GARZA
SURVEY NO. 98, ABSTRACT NO. 175,
BEING A PORTION 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 CO., TEXAS
FORD ENGINEERING INC.
ENGINEERING PLANNING . DEVELOPMENT
I N27 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217.J2101590-4777
TBPE NO. F-
TBPLS NO.1
FORD
Date: July 23, 2014
Project No: 1124.2603
ENGINEERING, INC.
Page I of
25 foot Temporary Construction Easement
A 0.3902 acre (16,998.22 sq. ft.) temporary construction easement situated in the Rafael
Garza Survey No. 98, Abstract No. 175 and being a portion of that certain 5.93 acre tract
of land conveyed to Joseph Hendrix and being recorded in Document No. 200306034249
of the Official Public Records of Comal County, Texas and being more particularly
described as follows:
BEGINNING: at a point on the Northwestern line of the said 5.93 acre tract, the
Southeastern line of F.M. 482 for the Northeastern corner of this easement, from which a
'/4 inch iron rod found for the Northeastern comer of the said 5.93 acre tract bears N
59 042'57" E — 227.35 feet;
THENCE: S 74 °30' 16" E — 42.01 feet across the said 5.93 acre tract to a point for a
corner of this easement;
THENCE: S 30 °11'46" E — 287.36 feet continuing across the said 5.93 acre tract to a
point for a corner of this easement;
THENCE: N 59 °37'06" E — 167.67 continuing across the said 5.93 acre tract to a point
on the Eastern line of existing 15 foot sanitary sewer easement recorded in Volume 784,
Page 237 of the Deed Records of Comal County, Texas, for a comer of this easement;
THENCE: N 31 °42'38" W — 6.31 feet along the eastern line of the said existing 15 foot
sanitary sewer easement to a point for a comer of the existing 15 foot sanitary sewer
easement, for a comer of this easement;
THENCE: N 03 °46'39" W — 68.07 feet continuing along the Eastern line of the said
existing 15 foot sanitary sewer easement to a point on the Eastern line of the said 5.93
acre tract, the Western line of that certain 65.449 acre tract of land conveyed to Joan
Blanchard in Volume 573, Page 626 of the Deed Records of Comal County, Texas, from
which a Much iron rod found for the Northeastern comer of the said 5.93 acre tract, the
Northwestern comer of the said 65.449 acre tract bears N 30 °08'55" W — 249.97 feet;
THENCE: S 30 °08'55" E — 92.17 feet along the Eastern line of the said 5.93 acre tract,
the Western line of the said 65.449 acre tract to a point for a corner of this easement;
THENCE: S 59 °37'06" W — 222.72 feet across the said 5.93 acre tract to a point for a
comer of this easement;
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: N 30 °11'46" W — 302.26 feet continuing across the said 5.93 acre tract to a
point for a comer of this easement;
THENCE: N 74 °30'16" W — 21.28 feet continuing across the said 5.93 acre tract to a
point for a comer of this easement;
THENCE: S 59 °49'57" W — 93.98 feet continuing across the said 5.93 acre tract to a
point for a corner of this easement;
THENCE: N 28 °19'05" W — 25.01 feet continuing across the said 5.93 acre tract to a
point on the Northwestern line of the said 5.93 acre tract, the Southeastern line of said
F.M. 482, from which a '/4 inch iron rod found for the Northwestern corner of the said
5.93 acre tract bears S 59 °42157" W — 224.90 feet;
THENCE: N 59 °42'57" E — 103.68 feet along the Northwestern line of the said 5.93
acre tract, the Southeastern line of said F.M. 482 to the POINT OF BEGINNING and
containing 0.3902 acre (16,998.22 sq. ft.) of land; according to a survey made under my
supervision.
Corresponding plat prepared.
1124.260304 Hendrix Temp Esmt.
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 TBPE No. F -1162
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STATE OF TEXAS:
COUNTY OF COMAL:
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X593 A
DOC. NO. 260306074249
LINE
BEARING
DISTANCE
L1
IS 74'30'16" E
32.96'
L2
IS 03'46'39" E
7.06'
L3
S 31'42'38" E
9.69'
L4
N 74'30'16" W
42.01'
L5 IN
59'42'57 E
22.33'
RAFAEL GARZA
SURVEY No. 98
A -175
I, REX L. HACKETT. DO HEREBY CERTIFY THAT 1
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON)AE GROUND AND UNDER MY SUPERVISION.
Ru L. Kiicl s94' R.P.LS. NO. 6673
DATE: 07 -23 -2014
PROJECT NO.: 1124.2603
DRAWN BY; R.L.H.
LWSR
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REX L. HACKETT
.................
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Joan Blanchard
65.449 ACRES
VOL. 573, P0. 626
BEARINGS ARE BASED ON LAMBERT GRID
TEXAS STATE PLANE COORDINATES
SOUTH CENTRAL ZONE, NAD 83
PLAT SHOWING
0.1709 AC. — 7,443.06 SQ, FT.
16 FOOT SANITARY SEWER ESMT.
SITUATED IN THE RAFAEL GARZA
SURVEY NO. 98, ABSTRACT N0. 175,
BEING A PORTION OF THAT CERTAIN
k 5.93 ACRE TRACT OF LAND CONVEYED
TO JOSEPH HENDRIX RECORDED IN
DOCUMENT NO. 200306034249
OF THE OFFICIAL PUBLIC
RECORDS OF COMAL CO., TEXAS
T FORD ENGINEERING INC.
ENGINEERING - PLANNING . DEVELOPMENT
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEAS 78217,(210) 59 4777
TBPE NO. F-
TBPLS NO. 1
\
FOLD
Date: July 23, 2014
Project No: 1124.2603
ENGINEERING, INC.
16 foot Sanitary Sewer Easement
Page 1 of 2
A 0.1709 acre (7,443.06 sq. ft.) sanitary sewer easement situated in the Rafael Garza
Survey No. 98, Abstract No. 175 and being a portion of that certain 5.93 acre tract of land
conveyed to Joseph Hendrix and being recorded in Document No. 200306034249 of the
Official Public Records of Comal County, Texas and being more particularly described
as follows:
BEGINNING: at a point on the Northwestern line of the said 5.93 acre tract, the
Southeastern line of F.M. 482 for the Northeastern corner of this easement, from which a
'/4 inch iron rod found for the Northeastern comer of the said 5.93 acre tract bears N
59 042'57" E — 205.02 feet;
THENCE: S 74030'16" E — 32.96 feet across the said 5.93 acre tract to a point for a
corner of this easement;
THENCE: S 30 °11'46" E — 277.83 feet continuing across the said 5.93 acre tract to a
point for a corner of this easement;
THENCE: N 59 °37'06" E — 139.55 feet continuing across the said 5.93 acre tract to a
point on the Western line of an existing 15 foot sanitary sewer easement recorded in
Volume 784, Page 237 of the Official Public Records of Comal County, Texas;
THENCE: S 03 °46'39" E — 7.06 feet along the Western line of the existing 15 foot
sanitary sewer easement to a point for a comer of the said 15 foot sanitary sewer
easement, for a comer of this easement;
THENCE: S 31 °42'38" E — 9.69 feet continuing along the Western line of the said 15
foot sanitary sewer easement to a point for a comer of this easement;
THENCE: S 59 °37'06" W — 152.67 feet across the said 5.93 acre tract to a point for a
corner of this easement;
THENCE: N 30 °11'46" W — 287.36 feet continuing across the said 5.93 acre tract to a
point for a corner of this easement;
THENCE: N 74'30'16" W — 42.01 feet continuing across the said 5.93 acre tract to a
point on the Southeastern line of said F.M. 482, the Northwestern line of the said 5.93
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800 - 332 -3109 Web Sire: www.fordengineering.com TBPE No. F -1162
FOLD ENGINEERING, INC.
Page 2 of 2
acre tract from which a '/4 inch iron rod found for the Northwestern corner of the said
5.93 acre tract bears S 59 °42157" W — 328.58 feet;
THENCE: N 59 °42'57" E — 22.33 feet along the Northwestern line of the said 5.93 acre
tract, the Southeastern line of said F.M. 482 to the POINT OF BEGINNING and
containing 0.1709 acre (7,443.06 sq. ft.) of land; according to a survey made under my
supervision.
Corresponding plat prepared.
1124.2603 Hendrix Perm Esmt.
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
Filed and Recorded
Official Public Records
Joy Streeter, County Clerk
Comet County, Texas
10/06/2014 03:29:02 PM
LAURA 8 Page(,)
201406035371
a J�� jt
10927 WYE 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