18-R-22 - Waterline Easement with Cariari Holdings Inc and Central Texas Regional Water Supply CorporationRESOLUTION NO. 18 -R -22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONSENT, JOINDER, AND SUBORDINATION AGREEMENT
WITH REGARD TO A WATERLINE EASEMENT WITH CARIARI
HOLDINGS, INC. AND CENTRAL TEXAS REGIONAL WATER SUPPLY
CORPORATION (CTRWSC).
WHEREAS, The City of Schertz has identified the need for additional right -of -way
along Eckhardt Road; and
WHEREAS, the owner of one of the tracts from which right -of -way is needed has signed
a right -of -way dedication document; and
WHEREAS, Cariari Holdings, Inc. and Central Texas Regional Water Supply
Corporation (CTRWSC) have been working to obtain a waterline easement from that owner; and
WHEREAS, in and effort not to delay both dedications and construction, the City of
Schertz is entering into a consent, joinder, and subordination agreement with Cariari /CTRWSC.
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 enter into a
consent, joinder and subordination agreement generally as attached (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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 271h day of February, 2018.
CITY OF STRTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST: - -
renda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
50234811.1 A -1
NOTICE 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.
CONSENT, JOINDER, AND SUBORDINATION
City of Schertz ( "Dedication Holder "), hereby consents to and joins in the execution of the Water
Line Easement Agreement between Cariari Holdings, Inc. and Central Texas Regional Water
Supply Corporation ( "CTRWSC "), a memorandum of which dated November 14, 2017, is
recorded as document number 201706052755 and recorded in the Real Property Records of Comal
County, Texas (the "Water Line Easement "), such consent and joinder having the same effect as
if Dedication Holder had executed the Water Line Easement. Dedication Holder agrees that any
document granting Dedication Holder any rights in or to the property encumbered by the Water
Line Easement, including but not limited to that certain unrecorded Public Right -of -Way
Dedication for Eckhardt Road from Cariari Holdings, Inc. to Dedication Holder, dated April 10,
2017 (the "Public ROW Dedication "), are hereby made subject and subordinate to the terms of
and Grantee's rights in the Water Line Easement except to the extent of the provisions herein. This
Consent, Joinder, and Subordination shall be binding on Dedication Holder, and Dedication
Holder's successors and assigns.
Construction and Maintenance of Water Lines. All facilities installed by CTRWSC within the
ROW Dedication (defined as PROPERTY therein and depicted as ROW Dedication in Exhibit
"A" attached hereto and incorporated herein for all purposes) shall be of sound material and good
quality, and shall be laid so they will not unreasonably interfere (except in the event of an
emergency) with the natural or artificial drainage of the City's aboveground improvements or its
underground fixtures. All facilities installed by CTRWSC within the ROW Dedication shall be
installed in accordance with applicable Federal, State, and City regulations (except to the extent
such regulations differ from the terms agreed to herein) and in the absence of such regulations in
accordance with accepted industry practice. The location of the facilities installed by CTRWSC
within the ROW Dedication shall not materially impact the expansion of the street section of
Eckhardt Road to a fully improved collector street, as shown on the City's Thoroughfare Plan;
provided, however, that so long as CTRWSC has installed its facilities (i) within the Area for
CTRWSC Improvements (as depicted in Exhibit "A" hereto), and (ii) the CTRWSC facilities are
not constructed within ten feet (10') from the eastern boundary of the ROW Dedication, then the
City agrees that CTRWSC's facilities do not materially impact the expansion of the street section
of Eckhardt Road. Furthermore, the City agrees that CTRWSC may install its facilities within the
Area For CTRWSC Improvements Within R.O.W. Dedication (as shown in the circled area in
Exhibit "A ") without being considered to have materially impacted the expansion of the street
section of Eckhard Road so long as all such facilities are constructed at least five feet (5') below
the surface of the ground in the circled area.
Streets Restored to Good Condition. After initial construction of CTRWSC's pipeline, CTRWSC
and its contractors shall give the City reasonable notice of the dates, location, and nature of all
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work to be performed on its facilities within the Public ROW Dedication. After intial construction
of CTRWSC's pipeline, CTRWSC and its contractor shall obtain a Public Works Permit generally
issued by the City prior to (i) conducting work within the Public ROW Dedication, or (ii) parking
vehicles in the street portion of the Public ROW Dedication when necessary for the installation,
replacement, abandonment, operation or maintenance of CTRWSC's facilities. After initial
construction of CTRWSC's pipeline, CTRWSC shall provide the City with sufficient information
for work proposed to be undertaken within the Public ROW Dedication and shall in all events
comply with City rules and regulations regarding street cuts and borings. After initial construction
of CTRWSC's pipeline, CTRWSC shall coordinate in advance with the City (except in the event
of an emergency) for all proposed full or partial closure of streets. Following completion of work
in the Public ROW Dedication, CTRWSC shall repair the affected Public Rights -of -Way as soon
as possible and to the extent reasonably possible to its condition prior to such work or better, but
in all cases CTRWSC shall comply with all City ordinances governing time periods and standards
relating to excavating in the Public ROW Dedication. No street shall be trenched for a longer
period than shall be necessary to execute the work.
Non - Exclusive. The City shall be able to install City -owned utilities within the Public ROW
Dedication.
City of Schertz, a municipal corporation
By:_
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on this , day of , 2018, by
, for the City of Schertz.
Notary Public, State of Texas
My Commission Expires
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