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17-R-114 - easement agreement with Zeenat & Salim InvestmentsRESOLUTION NO. 17 -R -114 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OIL HERTZ, TEXAS AUTHORIZING AN EASEMENT AGREEMENT WITH ZEENAT & SALIM INVESTMENTS, INC., FOR THE USE AND CONTROL OF THE CITY OF SCHERTZ FOR THE CONSTRUCTION AND MAINTENANCE OF SIDEWALK FACILITIES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") desires to widen East Live Oak Road at the intersection with Schertz Parkway in order to incorporate a dedicated turn lane; and WHEREAS, there is not adequate width within the existing City right of way of East Live Oak Road for a five foot sidewalk to be placed along the north side of the road; and WHEREAS, the sidewalk is needed in order to provide a continuous pedestrian travel way adjacent to City roadways; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and accept, as the Grantee, the Sidewalk Easement Agreement attached hereto 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 the Sidewalk Easement Agreement 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 EXHIBIT A SIDEWALK EASEMENT AGREEMENT 50715776.2 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 12th day of December, 2017. ATTEST: -B -renda Dennis, City Secretary (CITY SEAL) CITY OF S TZ, TEXAS ael R. Carpenter, Mayor 2 EXHIBIT A FORM-DO NOT REVISE NOTICE OF CONFIDENTIALITY RIGHTS : IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE 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. SIDEWALK. EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF GUADALUPE § THAT ZEENAT & SALIM INVESTMENTS INC a TEXAS CORPORATION (the "Grantor "), for and in consideration of the sum. of Ten and No/140 Dollars ($10.00), the benefits which will accrue to the Grantor and to the public generally, 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, a permanent exclusive easement and right -of -way upon, across, and beneath real propertyl_ocated;in Guadalupe County, Texas, as more particularly described in Exhibit A. attached hereto and incorporated herein for all purposes (the "Easement "), and being a 0.0069 -acre portion_ of that 1.089 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 7 Page 677 of the Official Public Records of Guadalup County, Texas (the "Premises "). The Easement is granted for the purpose of constructing, operating, maintaining, repairing, and replacing a sidewalk (the "Sidewalk"), together with free; and unrestricted public pedestrian ingress and egress in, upon, and over the Easement. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants; limitations, and exceptions: (1) The Easement herein granted shall be located across a variable width strip of land . and shall be perpetual until the earlier to occur of the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns; as applicable, abandons and releases the Easement. (2) Neither the Grantor nor any successor owner of the Premises shall disturb; or otherwise interfere- with the continued use of the Sidewalk, nor shall any such persons erect or- permit the erection of any buildings, stabs, structures, or other Sidewalk results in the removal of brush from the Easement, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. (3) The Easement herein granted shall nun 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. (4) Pursuant to the terms of this Section 4, Grantee is- granted a temporary r construction easement over that portion of the remainder of Grantor's Premises reasonably necessary for the purpose of maintaining, repairing, - replacing, operation; or altering the Sidewalk in any way. Should it become necessary at any time subsequent to completion to the construction of the Sidewalk for the Grantee to enter the Grantor's 'Premises for the purpose of said maintaining, repairing, replacing; operation, or altering the Sidewalk 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. (5) Should 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) 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 Easement is 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 Guadaluuae- 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 Easement 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- Easement 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, but not otherwise, subject, however, to the - matters set forth herein. Executed to be effective as of 01 (the "Effective Date "). j signatures =and acknowledgements on the foliowingpages)' 50533954.2, 2 This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: j Name: . i.`i i r 4- 0 R Title: TIE STATE OF § § COUNTY OF ` _r°c.c„ S This instrument was acknowledged before me on the e day of N(j ,,j ,y, , 201 ? ' by">ho' 0ki'� as+,�" - of n N k t i " t n C , on behalf of such A t� (SEAL)_ M0&- ae' f a Notary Public in and for �© - The Mate of `°C°4> c ' %o�j 0 � ! ON ft) My Commission Expires: � Z. j r.. 112 X BEARING ARE BASED ON TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83/93; 1 7� OF 4(, - x �,f -� , v REX L. HACKETT 55-73 47 SET 1/2- I.R. Wlr.4P 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 1 B. CONDITION 2, REX L. -HACKETT REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 5573 DATE: 06-26-2017 PROJECT NO, 1124.9209 �A .01 000"je Opp OFQ ?I. 0�0 0 LINE BEARING CE W IN 75'51'25' W 9.93' L2 IS 30.'41'13" E Q IN 75'51'25'* W 15.43 COTTONWOOD SUBD. LOT I, BLOCK I VOL. 7, PC, 677 PLAT RECORDS GUADALUPE CO,, TX. 1 20' on) 0; ow v C, ------------- — --- 19. BEARING ARE BASED ON TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83/93; 1 7� OF 4(, - x �,f -� , v REX L. HACKETT 55-73 47 SET 1/2- I.R. Wlr.4P 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 1 B. CONDITION 2, REX L. -HACKETT REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE NO. 5573 DATE: 06-26-2017 PROJECT NO, 1124.9209 �A .01 000"je Opp OFQ ?I. 0�0 0 LINE BEARING CE Ll IN 75'51'25' W 9.93' L2 IS 30.'41'13" E Q IN 75'51'25'* W 15.43 PLAT SHOWING 0.0069 ACRES 301.4 Sq. Ft. SIDEWALK EASEMENT SITUATED IN LOT 1, BLOCK' 1 OF THE COTTONWOOD SUBDIVISION AS SHOWN ON A PLAT RECORDED 14 VOLUME 7 PAGE 677 OF THE PLAT RECORDS. OF GUADALUPE COUNTY, TEXAS FORD ENGINEERI - NO INC. :.Ehqff— w SURVEYING PLANNING DRIVE,, STE 104, SAN ANTONIO, TEXAS 713217 w PS2101 590-4777 a F.<210-590-4940) MEMBER TBPE No, F-1162 3K WWWORDENGINEERING,COM x TDPLS No. 10018400 Texas Society of Professional: Surveyors �3 `� � '4 � � �""� axe �.s� ;� .� � ��'.� ..�- 1,� � �•�% "-�s% Date: June 26, 2017 Project No: 1124 ,9209 FIELD NOTES DESCRIPTION 0.0069 Acres (301:.4 Sq. Ft.) Sidewalk Easement A 0.0069 acre (301.4 Sq. pt) sidewalk easement, situated in the Lot 1, Block 1 of the Cottonwood Subdivision as shown on a plat recorded in Volume 7, Page 677 of the plat records of Guadalupe County, Texas; being more particularly described as follows; BEGINNING: at a 112 inch iron rod with cap marked "Ford Eng Inn" set for the Southernmost corner of said Lot 1, Block 1 at the intersection of Live Oak Road (55' R.O.W.) and Schertz Parkway (86' R.O.W.) for the Southernmost corner of this easement, THENCE: N 75 °51'25" W — 9.93 feet along the cutback line of said Lot 1 at the intersection of Live Oak Road and Schertz Parkway to a point for the Westernmost corner of this easement, from which a 112 inch iron rod with cap marked "Ford Eng Inc" set for the Westernmost Southwestern corner of said Lot 1 bears N 75151'25" W —15.43 feet; THENCE: N 59 °18747" E 46.58 feet across Lot 1 to apoint for the Northeastern corner of this easement; THENCE: S 30 °41'13" E — 7.00 feet continuing across said Lot 1 to a point on the Southeastern line of said Lot 1, the Northwestern line of said Live Oak Road, for the Southeastern conger of this easement, from which a chiseled "x" on concrete set for a corner of said Lot 1 bears N 59 °18'47" E 79.37 feet; THENCE: S 59 °18'47" W — 39..54 feet along the Southeastern line of said Lot 1, the Northwestern lime of said Live. Oak Road to the POINT OF BEGINNING and containing 0.00.64 acres (278.7 Sq, Ft) of land, according to u .survey made on the ground under my supervision Corresponding plat prepared. 1124.9209 SidewalkEsmt.doex 10927 WYE DIUVE SUITE 104 SAN ANTONIO, 'rte 78217 P. (210) 5904777 F. (2 10) 590 = 4940 1-80a-' 332-3-109 www,fordengineering.com TBPE Na. 1 -1162 TBPLS No. 10018400 WR FORD ENGINEERING, INC BEARINGS ARE BASED ON THE NOR TH AMERICAN DA TUM OF 1983 (COBS 19 9 6) FRAM THE TEXAS STATE TE PLANE COORDINATE TE TEX4S SOUTH CENTRAL WIVE Rex L. Hackett, R.P.L.S., L.S.L.S. SEX.. HACKETT' Registered Professional Land Surveyor 0 %-Ilk" 5573, License Number 5573 10927 WYE DRIVE SUITE t04 SAN ANTONIO, TX 78217 P. (210) 590-4777 F� (210) 590-4940 1-304-332-3109 www4fordengineering.com TBPENo..F-lt62 TBPLS No. 100 18400