18-R-28 - Sanitary Sewer Easement along Wiederstein RoadRESOLUTION NO. 18 -R -28
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING SANITARY
SEWER EASEMENT AGREEMENTS ALONG WIEDERSTEIN ROAD
FROM THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT
SCHOOL DISTRICT AND SAN ANTONIO ONE AND SAN ANTONIO
THREE LIMITED PARTNERSHIPS, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into agreements for Sanitary Sewer Easements with the Schertz - Cibolo - Universal City
Independent School District (SCUCISD) and San Antonio One and San Antonio Three Limited
Partnerships (collectively, the "Grantors "), in the form attached hereto as Exhibit A (the
"Agreements "); and
WHEREAS, the City needs the Sanitary Sewer Easements in connection with the
construction, operation, and maintenance of a sanitary sewer main along Wiederstein Road in the
vicinity of the intersections of Wiederstein Road with IH 35 and with Old Wiederstein Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Sanitary Sewer Easements in accordance with the terms of the Agreements.
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 and
deliver the Agreements with the Grantors in substantially the form set forth on Exhibit A and to
accept the Sanitary Sewer Easements in accordance with the terms of the Agreements.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 13th day of March, 2018.
CITY OF SCHERTZ, TEXAS
Michael R. Ca nter, ayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
PUBLIC UTILITY EASEMENT AGREEMENT
FEW
EXHIBIT B
LEGAL DESCRIPTION OF THE PUBLIC UTILITY EASEMENT
ms
RESOLUTION 18 -R -28
EXHIBIT A
EASEMENT AGREEMENTS
ONENOTICE 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.
SANITARY SEWER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE and SAN ANTONIO THREE, MICHICAN LIMITED
PARTNERSHIPS, 2111 Woodward Ave. #910, Detroit, MI 48201 ( "Grantors "), 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:
1. 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.
8. Maintenance of Surface Easement Property /Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement 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
party to be charged.
-- ,I
K -v IN WITNESS WHEREOF, this instrument is executed this day of
2018.
GRANTOR:
San Antonio One and San Antonio Three
Limited Partnerships
Charles A. Forbes. General Partner
(Grantor's Name) s
By:-U"
(Grantor's Signature)
THE STATE OF MICHIGAN §
COUNTY OF WAYNE §
-4 This instrument was acknowledged before me on -c b , 2018, by
Charles A. Forbes, as General Partner, of San Antonio One and San Antonio Three Limited
Partnerships, on behalf of such Partnerships
(seal)
Notary Public Signature
LA � S
NOTARY PUBLIC -STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires Dege er 12, 2018
Acting in the Coiw- of...._ �. l-'- .�_...._
(i' R A NTFF,
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
.0
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
Brian James, Acting City Manager
This instrument was acknowledged before me on , 20_, by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Public Signature
(seal)
EXHIBIT "A"
EASEMENT TRACTS
0.4650 Acres
(20,255 Sq. Ft.)
2223- 10600_ex1 A &B.dwg
4 Stantec
FIELD NOTE DESCRIPTION
for a
16' Sanitary Sewer Easement
FN NO. 2223 - 10600 -1
May 9, 2017
JOB NO. 2223 -10600
Being 0.4650 acres situated in the city of Schertz, Guadalupe County, Texas and being
out of the remaining portion of a called 200.198 acre tract as conveyed to San Antonio
One Limited Partnership & San Antonio Three Limited Partnership by Special Warranty
Deed dated January 27, 1992 and recorded in Volume 979, Page 475 of the Official
Records of Guadalupe County, Texas; said 0.4650 acres consisting of two parts; Part 1
being 0.3978 acres and Part 2 being 0.0672 acres; said 0.4650 acres being more
particularly described by Metes and Bounds as follows with all bearings being
referenced to the North American Datum 1983, Texas Coordinate System, South
Central Zone, as established from the WDS Cooperative State Wide VRS Network:
Part 1: (0.3978 Acres)
Commencing, at a found Y2 -inch iron rod for the most Southerly corner of said
remainder of a 200.198 acre tract, being at the intersection of the Northeast right -of -way
line of Old Wiederstein Road (C.R. 382) and the Northwest right -of -way line of
Wiederstein Road;
Thence, N 310 14' 25" W, 669.30 feet, along the Northeast right -of -way line of said Old
Wiederstein Road to a point; said point being on the Northwesterly line of a 100' wide
lane connecting Old Wiederstein Road to a 101.239 acre tract as conveyed from San
Antonio One Limited Partnership & San Antonio Three Limited Partnership to The Board
of Trustees of the Schertz - Cibolo- Universal City Independent School District by
Correction Warranty Deed dated August 29, 2012 and recorded in Volume 4216, Page
649 of the Official Public Records of Guadalupe County, Texas;
Thence, N 580 45' 35" E, 30.41 feet, along the Northwesterly line of said School tract
lane, to the Point of Beginning for the herein described tract of land;
Thence, N 310 23' 30" W, 1065.14 feet, to an angle point for corner;
Thence, N 760 20' 32" W, 11.73 feet, to an angle point for corner;
Page 2 of 5
Thence, N 130 39' 28" E, 16.00 feet, to a point for the most Northerly corner of the
herein described tract;
Thence, S 760 20' 32" E, 18.33 feet, to an angle point for corner;
Thence, S 311 23' 31" E, 1071.82 feet, to a point on the Northwesterly line of said
School tract lane, for the Southeast corner of the herein described tract;
Thence, S 58145' 35" W, 16.00 feet, along the Northwesterly line of said School tract
land, to the Point of Beginning, containing 0.3978 acres (17,329 square feet) of land,
more or less.
Part 2: (0.0672 acres)
Commencing, at a found '/z -inch iron rod for the most Southerly corner of said
remainder of a 200.198 acre tract, being at the intersection of the Northeast right -of -way
line of Old Wiederstein Road (C.R. 382) and the Northwest right -of -way line of
Wiederstein Road;
Thence, N 310 14' 25" W, 569.30 feet, along the Northeast right -of -way line of said Old
Wiederstein Road to a point; said point being on the Southeasterly line of a 100' wide
lane connecting Old Wiederstein Road to a 101.239 acre tract as conveyed from San
Antonio One Limited Partnership & San Antonio Three Limited Partnership to The Board
of Trustees of the Schertz - Cibolo- Universal City Independent School District by
Correction Warranty Deed dated August 29, 2012 and recorded in Volume 4216, Page
649 of the Official Public Records of Guadalupe County, Texas
Thence, N 581 45' 35" E, 30.67 feet, along the Southeasterly line of said School tract
lane, to the Point of Beginning for the herein described tract;
Thence, N 580 45' 35" E, 16.00 feet, along the Southeasterly line of said School tract
lane, to a point for the Northeast corner of the herein described tract;
Thence, S 310 23' 31 " E, 182.92 feet, to a point for the Southeast corner of the herein
described tract;
Thence, S 580 52' 36" W, 16.00 feet, to a point for the Southwest corner of the herein
described tract;
Thence, N 310 23' 30" W, 182.89 feet, to the Point of Beginning, containing 0.0672
acres (2926 square feet) of land, more or less.
Page 3 of 5
Note: Survey Exhibit of even date to accompany this Metes and Bounds Description_
Hal B. Lane III DATE
EXNE
Registered Professional Land Surveyor �Cr3' fit
Texas Registration Number 4690
q
Stantec Consulting Services, Inc.
70 NE Loop 410, Suite 1100
San Antonio, Texas 78216
210/525-9090
TBPLS Firm No.: 10194228
LEGEND
PAGE 4 OF 5
• 1/2- IRON ROD FOUND
O 1/2" IRON ROD SET
P.O.C. POINT OF COMMENCEMENT 0 0U ?GO ;00 400
P.O.B. POINT OF BEGINNING
BEARING BASIS
BEARINGS ARE BASED ON NORTH AMERICAN
DATUM, 1983, TEXAS COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, ESTABLISHED FROM
GPS OBSERVATIONS UTILIZING THE WDS
COOPERATIVE NETWORK.
San Antonio One Limited Partnership &
San Antonio Three Limited Partnership
(OWNER) Vol. 979, Pg. 475
S 76'2032" E D. R.G. C.T.
N E 0'►
16'WATERLINE
�VOLAS635, PG. 730
76'20`32" W
N 58.45'35" E
Board of Trustees of the
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Schertz— Cibolo— Universal City
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(OWNER)
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WATERLINE EASEMENT
VOL. 4193, PG. 479
16' SANITARY SEWER {'
S 58'45'3
EASEMENT 16.00'
0.3978 Ac.
(17,329 sq. ft.)
N 58.45'35" E
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BEARING BASIS
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GPS OBSERVATIONS UTILIZING THE WDS
COOPERATIVE NETWORK,
0
16' WATERLI
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VOL. 5, PG. 730
pia S
2
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58'45
P.O.B.
16' SANITARY SEWER
EASEMENT
0.0672 Ac. —/
(21926 sq. ft.)
N 31'23
PAGE 5 OF 5
U 100
Board of Trustees of the
Schertz — Cibolo— Universal City
Independent School District
(OWNER)
Vol. 4216, Pg. 649
O.P.R.G.C.T.
VARIABLE WIDTH
WATERLINE EASEMENT
VOL. 4193, PG. 479
31'23'31
16
4
\ L,JV Tf
d, \ 16.00'
P.O.C.
LEGEND
•
1/2-IRON ROD FOUND
0
1/2" IRON ROD SET
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
BEARING BASIS
BEARINGS ARE BASED ON NORTH AMERICAN
DATUM, 1983, TEXAS COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, ESTABLISHED FROM
GPS OBSERVATIONS UTILIZING THE WDS
COOPERATIVE NETWORK,
0
16' WATERLI
EASgMENT
VOL. 5, PG. 730
pia S
2
9a \
J� \
58'45
P.O.B.
16' SANITARY SEWER
EASEMENT
0.0672 Ac. —/
(21926 sq. ft.)
N 31'23
PAGE 5 OF 5
U 100
Board of Trustees of the
Schertz — Cibolo— Universal City
Independent School District
(OWNER)
Vol. 4216, Pg. 649
O.P.R.G.C.T.
VARIABLE WIDTH
WATERLINE EASEMENT
VOL. 4193, PG. 479
31'23'31
16
4
\ L,JV Tf
d, \ 16.00'
P.O.C.
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.
SANITARY SEWER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
SCHERTZ CIBOLO UNIVERSAL CITY ISD, 1060 Eibel Road, Schertz, Texas 78154
( "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:
1. 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. Pitt-pose 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.
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.
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.
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.
8. Maintenance of Surface Easement Property /Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement 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
party to be charged.
IN WITNESS WHEREOF,
-7s 1'j V'_1 20 i7
I
THE STATE OF TEXAS §
COUNTY OF §
- -t-v\
this instrument is executed this �� __ day of
GRANTOR:
This instrument was acknowledged before me on -'S 2Q by
an individual residing in Cou ty, Texas.
QOtarzy Public Signature
(seal) DE'DRALrETRHEIA4
MOTARY PUBLIC
STAT EOFTrzXAS
Coinm. Ex]p, 9-10-2017
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCIIERTZ, TEXAS,
a Texas home -rule municipality
THE STATE OF TEXAS
COUNTY OF GUADALUPE
Brian James, Acting City Manager
This instrument was acknowledged before me on , 20_, by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Public Signature
(seal)
EXHIBIT "A"
EASEMENT TRACT
0.0367 Acres
(1600 Sq. Ft.)
2223- 10600_ex2.dwg
EXHIBIT "A"
4 Stantec
FIELD NOTE DESCRIPTION
for a
16' Sanitary Sewer Easement
FN NO. 2223 - 10600 -2
May 9, 2017
JOB NO. 2223 -10600
Being 0.0367 acres situated in the city of Schertz, Guadalupe County, Texas and being
out of that certain called 101.239 acre tract as conveyed from San Antonio One Limited
Partnership & San Antonio Three Limited Partnership to The Board of Trustees of the
Schertz - Cibolo- Universal City Independent School District by Correction Warranty Deed
dated August 29, 2012 and recorded in Volume 4216, Page 649 of the Official Public
Records of Guadalupe County, Texas; said 0.0367 acres being more particularly
described by Metes and Bounds as follows with all bearings being referenced to the
North American Datum 1983, Texas Coordinate System, South Central Zone, as
established from the WDS Cooperative State Wide VRS Network:
Commencing, at a found '/2 -inch iron rod for the most Southerly corner of a remainder
of a 200.198 acre tract as conveyed to San Antonio One Limited Partnership & San
Antonio Three Limited Partnership by Special Warranty Deed dated January 27, 1992
and recorded in Volume 979, Page 475 of the Official Records of Guadalupe County,
Texas; being at the intersection of the Northeast right -of -way line of Old Wiederstein
Road (C.R. 382) and the Northwest right -of -way line of Wiederstein Road;
Thence, N 311 14' 25" W, 669.30 feet, along the Northeast right -of -way line of said Old
Wiederstein Road to a point; said point being on the Northwesterly line of a 100' wide
lane connecting Old Wiederstein Road to said 101.239 acre School and also being on
the Southeast line of the remainder of said 200.198 acre tract;
Thence, N 580 45' 35" E, 30.41 feet, along the Northwesterly line of said School tract
and the Southeasterly line of said remainder of 200.198 acres, to the Point of
Beginning for the herein described tract of land;
Thence, N 580 45' 35" E, 16.00 feet, along the Northwesterly line of said School tract
and the Southeasterly line of said remainder of 200.198 acres, to a point for the
Northeast corner of the herein described tract;
Page 2 of 3
Thence, S 311 23' 31" E, 100.00 feet, to a point on the Southeast line of said 101.239
acre School tract and the Northwest line of a remaining portion of said 200.198 acres,
for the Southeast corner of the herein described tract;
Thence, S 580 45' 35" W, 16.00 feet along the Southeast line of said 101.239 acre
School tract and the Northwest line of a remaining portion of said 200.198 acres, to a
point for the Southwest corner of the herein described tract;
Thence, N 310 23' 30" W, 100.00 feet, to the Point of Beginning, containing 0.0367
acres (1600 square feet) of land, more or less.
Note: Survey exhibit of even date to accompany this Metes and Bounds Description.
Hal B. Lane III DATE
HAL B LANE 11
Registered Professional Land Surveyor
4'696
Texas Registration Number 4690y�
"'``«
SLO
Stantec Consulting Services, Inc.
70 NE Loop 410, Suite 1100
San Antonio, Texas 78216
2101525 -9090
TBPLS Firm No.: 10194228
LEGEND
PAGE 3 OF 3
• 1/2" IRON ROD FOUND
0 1/2" IRON ROD SET
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
BEARINGS ARE BASED ON NORTH AMERICAN
DATUM, 1983, TEXAS COORDINATE SYSTEM.
SOUTH CENTRAL ZONE, ESTABLISHED FROM
GPS OBSERVATIONS UTILIZING THE WDS
COOPERATIVE NETWORK.
�\
16' WATERLINE
EASEMENT
\
VOL 1635, PG. 730
Board of Trustees of the
Schertz— Clholo— Universal City
District
Independent School
�6
(OWNER)
9 Vol. 4216, Pg. 649
\ 0
\a"bJ�i b O.P.R.G.C.T.
'Y g VARIABLE WIDTH
Q\
g \�. WATERLINE EASEMENT
L a VOL. 4193, PG. 479
S 5"'45'35" W
\ 16.00'
\
N 56'45'35" E \
30.41' \ S 31'23'31" E
P.O.B. 100.00'.
16' SANITARY SEWER
EASEMENT
y \ s 5"45'35` w
16.00'
0.0367 Ac.
N 31'23100.00'
(1,600 sq. ft.)
\ Q
P.O .C'
I.R.
�♦+
SKETCH TO ACCOMPANY DESCRIPTION OF
°�
Vtantec
OF A 00367 ACRE SANITARY SEWER EASEMENT BEING
70 UE Laep 410,7W. N00
70WL
PORTION OF THAT CERTAIN TRACTOFLAND CONVEYEU
EXHIBIT
x. 7x714.
TOTHETRUSTEES OF THE SCHERTZLI50L0i1UIVERBAL
CITY INDEPENDENT SCHOOLOISTRICT IN VOLUME 4216,
TN -D40) :207 r.. aiq 62asn
6 F•101012211
PAGE 649 OF THE OFFICIAL PUBLIC RECORDS OF
TWLS
C.mo'02017
GUADALUPE COUNTY, TEXAS
DATE: 057002017 SCALE: 1' +2W
0 7AVJN DY. NBL FlLE: 2223.10600.26w0
PROJECT No 222 310600