17-R-89 1622.22 Sq/Ft Sanatary Sewer Easemet along Maske Road ROW from Jonas Woods LTDWHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for one (1) 1622.22 sq. /ft Easement from Jonas Woods Ltd for
placement, maintenance and repairs of a sanitary sewer line; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Jonas Woods Ltd pursuant to the one (1) 1622.22 sq. /ft Sanitary Sewer Easement
Agreement attached hereto as Exhibit A (the "Agreement "); THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
iIMINU
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Jonas Woods Ltd in substantially the form set forth on Exhibit A.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 10th day of October, 2017.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
ATTACHMENTS
FRIN
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WA'T'ER AND WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF eiha gtG (,pc
GRANT OF EASEMENT:
(NAME OF GRANTOR AND ADDRESS
INCLUDING COUNTY) ( "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 THE CITY OF
SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway,
Schertz, Texas 78154 ( "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 "),
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and
assigns, together with the rights, and privileges and on the terms and conditions set forth below;
and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to
WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
Terms and Conditions: The following terms and conditions apply to the
Easement granted by this agreement:
Definitions. For the purposes of this grant of Easement certain terms shall have
the meanings that follow:
(a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms
of this agreement.
(b) "Public Utility" shall mean water and sanitary sewer facilities.
2. Character of Easement. The Easement granted herein is "in gross," in that there is
no "Benefitted Property." Nevertheless, the Easement rights herein granted shall
pass to Grantee's successors and assigns, subject to all of the Terms hereof. The
Easement rights of use granted herein are nonexclusive and irrevocable. The
Easement is for the benefit of Holder.
3. Purpose of Easement. The Easement shall be used for public utility purposes,
including placement, construction, installation, replacement, repair, maintenance,
relocation, removal, and operation of public utility facilities and related
appurtenances, or making connections thereto. The Easement shall also be used
for the purpose of providing access for the operation, repair, maintenance,
replacement and expansion of the public utility facilities and related
appurtenances.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
5. Reservation of Rights. Holder's right to use the Easement Property is
nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the
right to use all or part of the Easement Property in conjunction with Holder as
long as such use by Grantor and Grantor's heirs, successors, and assigns does not
(i) interfere with the use of the Easement Property by Holder for the Easement
Purpose, nor (ii) may Grantor construct any building, structure or obstruction on
the Easement Property. The right to convey to others the right to use all or part of
the Easement Property in conjunction with Holder, as long as such further
conveyance is subject to the terms of this agreement. Written approval of Holder
must be obtained prior to any use or improvement of Easement Property.
6. Secondary Easement. Holder has the right (the "Secondary Easement") to use the
surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the
initial installation and as may be reasonably necessary to maintain, repair, and
replace the Facilities within the Easement Property of the Facilities within the
Easement Property. However, Holder must promptly restore the area of the
Temporary Construction Easement to its previous physical condition if changed
by use of the rights granted by this Secondary Easement.
7. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the Facilities will be at the sole expense of Holder. Holder has the
right to eliminate any encroachments into the Easement Property. Holder has the
right to construct, install, maintain, replace, and remove the Facilities under or
across any portion of the Easement Property. All matters concerning the Facilities
and their configuration, construction, installation, maintenance, replacement, and
removal are at Holder's sole discretion, subject to performance of Holder's
obligations under this agreement. Holder has the right to remove or relocate any
fences or other encroachments within the Easement Property or along or near its
boundary lines if reasonably necessary to construct, install, maintain, replace, or
remove the Facilities. Holder will also replace to their original condition any
landscaping, driveways or parking areas that were in existence prior to the
granting of the Easement Property and are damaged in connection with the work.
Maintenance of Surface Easement
Notwithstanding any contrary provision,
maintain the surface of the Easement
Property /Permitted Improvements.
Grantor shall retain the obligation to
Property, including the obligation to
regularly mow or cut back vegetation and to keep the surface of the Easement
Property free of litter, debris, or trash, Any permitted improvement made by
Grantor must comply with applicable ordinances, development codes and
engineering guidelines of the City of Schertz, and must not conflict with use of
the easement for its intended purpose as described herein.
9. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and
commanding compliance. Restraining orders and injunctions will be obtainable on
proof of the existence of interference or threatened interference, without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and will
be obtainable only by the parties to or those benefited by this agreement;
provided, however, that the act of obtaining an injunction or restraining order will
not be deemed to be an election of remedies or a waiver of any other rights or
remedies available at law or in equity.
10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and
court and other costs.
11. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. Choice of Law. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the
county or counties in which the Easement Property is located.
13. Counterparts. This agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same
instrument.
14, Waiver of Default. It is not a waiver of or consent to default if the non - defaulting
party fails to declare immediately default or delays in taking any action. Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
15. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts
necessary or appropriate to perform the terms, provisions, and conditions of this
agreement and all transactions contemplated by this agreement.
16. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly
set forth in this agreement.
17. Exceptions to Warranty. This grant is subject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
18. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties, the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa. Article and section headings in this agreement are for reference only and
are not intended to restrict or define the text of any section. This agreement will
not be construed more or less favorably between the parties by reason of
authorship or origin of language.
19. Notices. Any notice required or permitted under this agreement must be in
writing. Any notice required by this agreement will be deemed to be delivered
(whether actually received or not) when deposited with the United States Postal
Service, postage prepaid, certified mail, return receipt requested, and addressed to
the intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission,
or other commercially reasonable means and will be effective when actually
received. Any address for notice may be changed by written notice delivered as
provided herein.
20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to
be accurate, and constitute a part of the substantive agreement. All exhibits
referenced herein are attached hereto and incorporated by reference herein for all
purposes.
21. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representation or modification concerning this instrument shall be of no
force and effect except for any subsequent modification in writing, signed by the
parry to be charged.
IN WITNESS WHEREOF, this instrument is executed this I s 1 day of
"lU i w 20Q.
GRANTOR:
Raymond Marsh
Grantor's Name
By: M!7=�
( tor's Signature)
THE STATE OF TEXAS
COUNTY OF a"- rg-
This instrument was acknowledged before me on ;�-1 S L'�`� , 2017 by
e kgjj�d)IX /f L�Yl , an individual residing in�LAIPl taC—County, Texas.
Not fflic Signature
(seal)
STATE OF TEXAS
�gr£y00, +P� MY COMM. EXP. awl
NOTARY ID 13102204
Ca`.7\► ymRs
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
THE STATE OF TEXAS
COUNTY OF CUADALUPE
John C. Kessel, City Manager
This instrument was acknowledged before me on , 2d_, by
John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on
behalf of said municipality.
Notary Public Signature
(seal)
Date: April 21, 2016
Project No: 1124.9207
FIELD NOTES DESCRIPTION
0.0372 ACRES (1622.2 sq. ft.)
Sanitary Sewer Easement
A 0.0372 Acre (1622.2 sq. ft.) Sanitary Sewer Easement Easement situated in the Torbio
Herrera League No. 68, Abstract No. 153 and being a portion of Lot 46 (Conunon Space),
Block 1 of the Jonas Woods Subdivision as shown on a plat recorded in Volume 6, Page 565
of the Plat Records of Guadalupe County, Texas; being more particularly described as
follows:
BEGINNING: at a point on the Northwestern line of Maske Road, the Southeastern line of
said Lot 46, for the Southwestern corner of a 10 foot sanitary sewer easement as shown on
the said plat of Jonas Woods, Unit 4, from which a %2 inch iron rod with cap marked "DMC"
found for the Southeastern corner of Lot 41 of the said Jonas Woods, Unit 4 bears N 58'40'37"
E at 71.75 feet pass the calculated Southeastern corner of said Lot 46, a distance in all of
3 72.3 0 feet to said i/2 inch iron rod;
THENCE: S 58 °40'37" W — 96.30 feet along the Northwestern line of said Maske Road, the
Southeastern line of said Lot 46 to a point on the Eastern line of the Jon P. Chalker — 7.783
acre tract of land recorded in Volume 2628, Page 1 of the Official Public Records of
Guadalupe County, Texas, for the calculated Southwestern corner of said Lot 46, from which
a I/2 inch iron rod found for the Southeastern corner of the said 7.783 acre tract bears S
15 010'28" E — 14.73 feet;
THENCE: N 15 °10'28" W — 16.66 feet along the Western line of said Lot 46, the Eastern
line of the said 7.783 acre tract to a point for the Northwestern corner of this easement;
THENCE: N 58 °40'37" E — 106.48 feet across said Lot 46 to a point on the Northwestern
line of the said 10 foot sanitary sewer easement as shown on the said plat of Jonas Woods,
Unit 4, for the Northeastern corner of this easement;
THENCE: S 11 °28'24" W — 21.81 feet continuing across said Lot 46 and along the
Northwestern line of the said 10 foot sanitary sewer easement to the POINT OF
BEGINNING and containing 0.0372 acres (1,622.2 sq. ft.) of land, according to a survey
made on the ground under my supervision;
10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 75217 P. (210) 590 -4777 F. (210) 590 -4940
1 -500- 332 -3109 a ,Atixu.fordengineering.conl TBPE No. F -1162 TBPLS No. 10015400
F 0)) ° O'D 16 0 ��, I E R', � N G, I N
Corresponding plat prepared.
1124.9207 sanitary sewer esmt.
BEARINGS ARE BASED ONLAMBERT GRID, TEXAS STATE PLANE
COORDINATES, SOUTH CENTRAL ZONE NAD 83193;
Vi :r��
Rex L. Hackett
L. HACKETT Registered Professional Land Surveyor
5573 License Number 5573
10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940
1- 800 -332 -3109 wNvw.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400
JON P. CHALKER et of
7.783 ACRES
VOL 2628, PG_ 1
FND. 1/2' IRON RODS
D
THIS SURVEY WAS MADE ON THE GROUND, UNDER
MY SUPERVISION AND COMPLIES WITH THE CURRENT
TEXAS SOCIETY OF PROFESSIONAL SURVEYOR'S
STANDARDS AND SPECIFICATIONS FOR A CATAGORY
2, CONDrjVN 2.
LINE
BEARING
IDISTANCE
L1
N 15'10'28" W
16.66'
L2
S 11'28'24' W
21.81'
L3
S 15'10'28" E
14.73
LEGEND
MHw CD SANITARY SEWER MANHOLE
PLAT SHOWING
0.0372 ACRE 1622.2 Sq. Ft.
SANITARY SEWER ESMT.
SITUATED IN LOT 46 (COMMON SPACE)
BLOCK 1, OF THE JONAS WOODS, UNIT 4
SUBDIVISION AS SHOWN ON A PLAT
RECORDED IN VOLUME 6, PAGE 565
OF THE PLAT RECORDS OF GUUADALUPE
COUNTY, TEXAS
REX L. HACKETT
REGISTERED PROFESSIONAL LAND SURVEYOR
LICENSE NO. 5573
DATE: 04 -21 -2016
PROJECT NO. 1124.9207
- FOOD ENGN I H G WC.
ENGINEERING SURVEYING PLANNING
10927 WYE DRIVE, STE 104, SAN ANTONIO, TEXAS 78217 ' P.(210) 590 -7777 ' F.(210- 590-0940)
1 L!'1(�1dX TBPE No. 11623' WWW.FORDENGINEERING.COM ' TBPLS No. 1001 3400