14-R-73 - Easement, Crisler, Ector & AlleneORIGINAL
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A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE SANITARY SEWER EASEMENT
AND 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 approved a Sanitary Sewer Easement and Temporary Construction
Easement Agreement with the Ector N. Crisler and Allene Crisler Revocable Living Trust (the
"Trust") for the use, benefit, and control of the City effective on January 16, 2014 (the "Original
Sewer 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 Sewer Easement Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City and
the Trust to enter into the Amended Sanitary Sewer Easement and Temporary Construction
Easement Agreement attached hereto as Exhibit A, amending the Original Sewer Easement
Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
fY /:w
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Amended 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 Amended 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 26th day of August, 2014.
CITY
ATTEST:
Fenda Dennis, City Secretary
(CITY SEAL)
50715776.2
R. Carpenter, Mayor
EXHIBIT A
AMENDED SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT
50715776.2 A -1
Copy
201406035372 10/0612014 03:29:03 PM 1/6
OTICE 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.
AMENDED SANITARY SEWER EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Amendment to Sanitary Sewer Easement and Temporary Construction Easement
Agreement ( "Agreement ") is entered into between ECTOR N. CRISLER and ALLENE
CRISLER REVOCABLE LIVING TRUST, ( "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, 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 Comal 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.
Recitals
Whereas, Grantor and Grantee entered into that certain Sanitary Sewer Easement and
Temporary Construction Easement Agreement, on January 16, 2014, which was recorded in
the Official Public Records of Comal County, Texas, on March 11, 2014, under Document
No. 201406008074; and
Whereas, the Parties agree to amend the aforementioned original Sanitary Sewer
Easement and Temporary Construction Easement Agreement by this instrument to revise the
description of the 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
Secondary Easement as set forth on Exhibit "A" attached hereto, and made a
part hereof, by reference.
2) All other terms and conditions of the original Sanitary Sewer Easement and
Temporary Construction Easement Agreement shall remain in frill force and
effect. .
Executed to be effective as of the day of 2014.
IN WITNESS WHEREOF, this instrument has been executed as of the dates of the
acknowledgements to be effective as of the Effective Date.
AV-T-4 ST:
(�� Q.
Brenda Dennis, City Secretary
GRANTOR:
ECTOR N. CRISLER and ALLENE
CRISLER REVOCABLE LIVING TRUST
Ector Crisler, Trustee
Allene Crisler, Trustee
AGREED AND ACCEPTED:
GRANTEE:
CITY OF SCHERTZ, TEXAS
a Texas Home -Rule Municipality
By:
John C. ssel, City Manager
Page 2 of 3
THE STATE OF TEXAS
COUNTY OF 1,:0YY #—k
This instrument was acknowledged before me on the k2°`= day of USA; 2014,
by ECTOR N. CRISLER, as Trustee of the Ector N. Crisler and Allene Crisle - Revocable
Living Trust.
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tR ,� ^ CYNTHIA ANNE RALEIGH
a * ®* Notary Public
5 State of Texas
Comm. Exp. 02- 11.2016 y
THE STATE OF TEXAS
COUNTY OF NW 14%
NO PUBLIC, STATE O)T ' "AS\
This instrument was acknowledged before me on the Z-* day of_1G1k6 2014,
by ALLENE CRISLER, as Trustee of the Ector N. Crisler and Allene Crisler evocable
Living Trust
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�pv" CYNTHIA ANNE RALEIGH C) Q * ®* Notary Public NOT PUBLIC, STATE XAS\
State of Texas
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Comm. Exp. 02.11 -2016
THE STATE OF TEXAS §
COUNTY OFGUADALUPE §
This instrument was acknowledged before me on the day of �QI' 2DT4,
by JOHN C. KESSEL, as City Manager of the City of Schertz, on behalf of such C ity.
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5 of Texas NOTARY PUBLIC, STATE OF TEXAS
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Page 3 of 3
EXHIBIT A
Permanent Easement
(See the following three pages)
EXHIBIT B
Construction Easement
(See the following three pages)
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Date: July 23, 2014
Project No: 1124.260304
f
Temp. Construction Easement
1.1903 Acres
51,848.72 Sq. Feet
Page I of 2
A 1.1903 acre (51,848.72 sq. ft.) Temp. Construction Easement 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 Allene 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 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 '/2
inch iron rod with cap marked "3408" found on the Western line of the said 110 acre
tract, the Southeastern line of Union Pacific Railroad right of way line for the
Northeastem comer of the said 6.819 acre tract, bears N 17 °02'31" W —16.04 feet;
THENCE: N 68 °55'15" E — 1875.63 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
corner of the said 16 foot sanitary sewer easement, for a corner of this easement;
THENCE: S 30 °27' 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 % inch iron rod with cap marked "ACE" found on the
Northwestern line of said Farm Market Road No. 482, the Southeastern line of the said
110 acre tract bears N 59 123'21" E —16.00 feet;
THENCE: S 59 °23'21" W — 45.00 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 comer of
this easement;
THENCE: N 30'27'13" W — 112.40 feet across the said 110 acre tract to a point for a
corner of this easement;
THENCE: S 68'55'15" W — 1835.91 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 comer of this easement, from which a'% inch iron rod found
on the Northwestern line of Farm Market Road No. 482 for the Southeastern comer of the
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.tordengineering.com TRPE No. F -1162
Page 2 of 2
said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 °02'31"
E — 452.02 feet;
THENCE: N 17 °02'31" W — 25.06 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 1.1903 acres (51,848.72 sq. ft.) of land; according to a survey made under my
supervision;
Bearings are based on Lambert Grid, Texas State Plane Coordinates, South Central
Zone, NAZI 83.
Corresponding plat prepared.
1124260304 Crisler Const. Esmt.
Re 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
Nancy B. Tumlinson
From:
Cynthia A. Raleigh
Sent:
Thursday, August 28, 201411:46 AM
To:
Nancy B. Tumlinson
Subject:
FW: Schertz Amended documents
Attachments:
Hendrix Amended Public Utility Easement.v.2.(he).2014 0813.pdf; Crisler Amended
Sanitary Sewer Easement.v.2.(h3).2014 0806.pdf; Ector Crisler & Allene Agreement.pdf
The agreements came directly from legal. They created them for me
The concern about acreage turned out to be okay per our City Engineer and I shared that with Habib. These were
approved by City Council on Tuesday.
Thanks,
Cindy
From: Clyneese Folsom (mailto•ciyneese folsom@rampaae -sa com]
Sent: Wednesday, August 13, 2014 4:23 PM
To: Cynthia A. Raleigh
Cc: Habib Erkan; Connie Lock
Subject: RE: Schertz Amended documents
Cindy,
Attached are the Amended Easements with field notes attached. If you have any questions, please give us a call.
Also, I did notice something while going over the documents you had sent to us. On the original Crisler Easement, the
acreage quoted at the beginning of the Easement document and the Exhibits A &B attached are not the same. Just
wanted to point that out.
tag
Clyneese Folsom
Legal Secretary
Epimm 10 10 2
a uern cra E eoanselers ae law Tampa, elaw.com
A Professional Corporation
2517 N. Main Avenue
San Antonio, Texas 78212
Office: (210) 227 -3243
Fax #: (210) 225 -4481
Email: clyneese.folsom@rampage- sa.com
CONFIDENTIALITY NOTICE
The Electronic Communications Privacy Act, 18 U.S.C. § §7.510 -2521, covers this electronic message. This
transmission is intended for the individual or entity to which it is addressed, and may be information that is
� nt�3
Fes'- r/� CITY OF SCHERTZ CONTRACT APPROVAL FORM
� l
A. To be completed by Department Head
1. Contract with: Crisler Revocable Trust Contract amount: $ 500
2. Contract for: Temporary Construction Easement
3. Fund /Account to be charged: 402- 900- 551900 Dept. Water
4. Contract category and amount in the budget: 19 yes ❑ no — budget amendment required
Budget Amendment Ord/Res Number: Date:—
5. Contract approved by City Council: W yes ❑ no ❑ NA (Required over $50,000)
6. Date of City Council approval: 8/26/2014
7. If not approved by City Council, state reason:
8. Contract required to be bid: ❑ yes 9 no
Bidding completed: ❑ yes B NA (bidding not required) Bidding exemption: (if bidding is not required
state reason): Easement under $50K
9. Blanks or missing exhibits in contract? ❑ yes 9 no
10. Terms of contract reviewed and approved by Department Head: ❑ yes
11. Contract termination date: Cont . ct renewal date: ❑ NA
12. Department Head's signature: D r IAC Date: L 7
B. To be completed by Finmlce Director
1. Contract category and amount in the budget:.t!!�yes ❑ no— budget amendment required
❑ no— exempt because
2. Funds available to pay Contract: ye Fu d/Account to be charged: - q 00-
3. Finance Director's signature: b-tw2_s� , Date: 8/c
C. To be completed by Purchasing and Asset Manager
1. Contract reviewed for insurance, warranty, term, severability and indemnity requirements: low f4 /A
2. Contract properly bid in accordance with City Purchasing Policy ❑ yes _,0 NA
c
3. Purchasing and Asset Management Signature: V( &Vy,/•✓ Date:
D. To be completed by City Attorney
1. Contract reviewed and approved by City Attorney ❑ not requested Ryes (attach email approval)
2. Date Reviewed and Approved by City Attorney yY'(emen-6 Cte �
E. To be completed by Departmell�ffrYnd's Supervisor A
1. Final contract reviewed a pr yes ❑ n r /
2. Supervisor's Signature(/ Date:
F. To be completed by Chief r
1. Chief of Staff Signature: _
N
2. Send to CM for Signature
G. Chief of Staff gives contract to Executive Assistant for the City Manager's Signature
1. Executive Assistant obtains CM signature
2. Department is notified and sent a scanned copy of the contract, signed contract is given to City Secretary
H. City Secretary n
1. Date fidly- executed contract received by R%letrActaly: � Qa
2. Filed as: ,)0 ri /t >� 2Lf'JK� -Date filed to Laserfiche:
Revised August 6, 2014 1 r,� _ . /_ �'� '�
Cynthia A. Raleigh
From: Cynthia A. Raleigh
Sent: Thursday, August 28, 2014 11:45 AM
To: Nancy B. Tumlinson
Subject: FW: Schertz Amended documents
Attachments: Hendrix Amended Public Utility Easement.v.2.(he).2014 0813.pdf; Crisler Amended
Sanitary Sewer Easement.v.2.(h3).2014 0806.pdf, Ector Crisler & Allene Agreement.pdf
The agreements came directly from legal. They created them for me.
The concern about acreage turned out to be okay per our City Engineer and I shared that with Habib. These were
approved by City Council on Tuesday.
Thanks,
Cindy
From: Clyneese Folsom [mailto•clyneese folsom(o)rampage -sa com]
Sent: Wednesday, August 13, 2014 4:23 PM
To: Cynthia A. Raleigh
Cc: Habib Erkan; Connie Lock
Subject: RE: Schertz Amended documents
Cindy,
Attached are the Amended Easements with field notes attached. If you have any questions, please give us a call.
Also, I did notice something while going over the documents you had sent to us. On the original Crisler Easement, the
acreage quoted at the beginning of the Easement document and the Exhibits A &B attached are not the same. Just
wanted to point that out.
c,
Clyneese Folsom
Legal Secretary
DNRBH +Z
1. rmrr •..rsxlrrrm�.:rarxu:rrrr2stmTSa
arl orners • eeunrelen a law • ra mpap b w. cam
A Professional Corporation
2517 N. Main Avenue
San Antonio, Texas 78212
Office: (210) 227 -3243
Fax #: (210) 225 -4481
Email: clyneese.folsom@rampage- sa.com
CONFIDENTIALITY NOTICE
The Electronic Communications Privacy Act, 18 U.S.C. § §2510.2521, covers this electronic message. This
transmission is intended for the individual or entity to which it is addressed, and may be information that is