Loading...
18-R-53 - Water, Wastewater, Access and Drainage Easement agreements from San Antonio one and San Sntonio Three Limited PartnershipsWHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into agreements for Water, Wastewater, Access, and Drainage Easement Agreements with 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 Water, Wastewater, and Access Easements in connection with the construction, operation, and maintenance of water and wastewater mains to be constructed within the easements in the vicinity of the intersection of Wiederstein Road with IH 35; and WHEREAS, the Drainage Easement is necessary to ensure the maintenance of a surface drainage facility; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Water, Wastewater, Drainage, and Access Easements in accordance with the terms of the Agreements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1-6111EW 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 Water, Wastewater, Access, and Drainage 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 1st day of May, 2018. CITY OF TZ, TEXAS ael R. Carpenter, Mayor ATTEST: n renda Dennis, City Secretary (CITY SEAL) 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. WATER, WASTEWATER, AND ACCESS EASEMENT AGREEMENT (PHASE 1 111 35 ACCESS THE STATE OF TEXAS § COUNTY OF GUADALUUPE § SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201, ( "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, 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. Purpose of Easement. The Easement shall be used for public utility and ingress /egress purposes. a. 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. b. The Easement shall also be used for the purpose of ingress and egress across Grantor's property to the adjacent tract of property. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution and the official filing of a release document by Grantee. Resen)ation 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. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 7., immediately below, improvement and maintenance of the Public Utility 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 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. 7. Maintenance of Surface Easement Property /Permitted Iniprovenients. 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. 8. 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. 9. 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. 10. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 11. 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 Guadalupe County in which the Easement Property is located. 12. 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. 13. 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. 14. 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. 15. 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. 16, 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. 17. 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. 18. 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. 19. 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. 20. 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, this instrument is executed this day of April, 2018. Lei M-1191 K11.1 San Antonio One Limited Partnership by Charles A. Forbes, its general partner San Antonio Three J ited Partnership by Charles A. Forbes, its general partner THE STATE OF MICHIGAN * COUNTY OF WAYNE This instrument was acknowledged before me on the 2s day of April, 2018, by Charles A. Forbes in his capacity as general partner of San Antonio One Limited Partnership and San Antonio Three Limited Partnership. NOTARY PUBLIC, STATE OF MICHIGAN LAURIE WMIS NOTARY PMUC-STATE OF MICHIGAN COUNTY OF WAYNE My Commission Expi December J2, 2018 Acting in the County of r_i�f_ Le M-1191 101 CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality LE 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) 2 AD S ` � ►� ►Y 171�I �i�111 EXHIBIT "A" ACCESS, DRAINAGE, WATER, & WASTEWATER EASEMENT BEING a 0.4063 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City of Schertz, Guadalupe County, Texas, said 0.4063 acre tract of land being a portion of the remainder of a called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas (O.P.R.G.C.T.), said 0,4063 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT monument with brass cap found at the north property corner of the said San Antonio One tract, same being the west property corner of a called 21.50 acre tract of land conveyed to Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also being the north lot corner of future Lot 1, Wiederstein Ranch, being a future addition to the said City of Shertz, Guadalupe County, Texas, to be conveyed by separate instrument, said commencing point further being on the southeast right -of -way line of Interstate Highway No. 35, being a variable width right -of -way, THENCE South 45 °31'22" West, along the northwest property line of the said San Antonio One tract, and along the said right -of -way line, a distance of 380,50 feet to the POINT OF BEGINNING, said beginning point having a NAD 83 Texas South Central Zone (4204) coordinate of N: 13,771,121.82 and E: 2,202,977.56; THENCE South 44 °25'40" East, departing said property line and said right -of -way line, over and across the said San Antonio One tract, 354.57 feet to a northwest lot line of said future Lot 1; THENCE South 46'54'30" West, along the said future lot line, 50.01 feet; THENCE North 44 025'40" West, departing said future lot line, continuing over and across the said San Antonio One tract, 353.36 feet to a point on the said north property line of the San Antonio One tract, same being the said southeast right -of -way line, from said point a TXDOT monument with brass cap bears, South 45 °31'22" West, 858.04 feet; THENCE North 45 °31'22" East, along the said property line and the said right -of -way line, 50.00 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 0.4063 acres (17,698 square feet) of land more or less. The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are ground. *SURVEYORS CERTIFICATE* I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the. ground and that same is true and correct. �A,�- `04/2512018 r E of t i S TER F� Surveyors Name: Eric S. Spooner Registered Professional Land Surveyor, Texas No. 5922 < ERIC S. SPOONER > Spooner and Associates, Inc. 1` 5922 Texas Board of Professional Land Surveying No. 10054900 O'`E off/ Surveyed on the ground April - 2018 SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. -- A.D. W. W. W. EASEMENT - IT "A" -- PAGE I OF 2 SPOONER AND ASSOCIATES, INc, 309 BYERS STREET, 4100, EULESS, TEXAS 76039 - PH. 817- 685.8448 - ESPOONERca SPOONERSURVEYORS.COM- S&A 416 -032 30' 60' GRAPHIC SCALE IN FEET 1" =60' I I ACCESS, DRAINAGE, WATER, & WASTEWATER EASEMENT I 0.4063 ACRES (17,698 SQ. FT_) I I I tD I I REMAINDER OF MI Lo iM CALLED: 200.198 ACRES MI SAN ANTONIO ONE, L.P. & �- -so' Io SAN ANTONIO THREE, L.P. `1 VOL. 979, PG. 475, NI I to O.P.R.G.C.T. ROB boo vI I� aI I� 1 � I I I W jF WALXER SUR'WEY QBSTSAC-F No, g4 I I I I I I A N46 °54'29 "E – 196.53' FUTURE LOT 1 WIEDERSTEIN RANCH (BY SEPARATE INSTRUMENT) — — — — — — — — — — — — — — — — — — — — — S46 °54'30 °W PROPOSED 30' WIDEACCESS WATER, 50.01' WASTEWATER & DRAINAGE EASEMENT — — — — — — — -- ------------ ACCESS, DRAINAGE, WATER, SPOONER& WASTEWATER EASEMENT =" SCHERTZ COMMERCIAL - ASSOCIATES CITY OF SCHERTZ, NEGdlUM 0"ssIomL4WWR VOns GUADALUPE COUNTY, TEXAS • • PROPERTY: SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. WHOLE PROPERTY ACREAGE: 200.198 ACRES (DEED) 18 -032 SCHERTZ COMMERCIAL_ ACCESS EASEMENT.dwg DATE: 04/26/2018 1 CHECKED BY: E.S.S. 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76035 (817) 685 -8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 A.D.W.W.W. ESMNT. - PAGE 2 OF 2 z 4 4 CALLED: 21.50 ACRES BUSSEY'S LTD. VOL. 717, PG. 727, O.P.R.G.C.T. OF ERIC S. SPOONER i ...:. ...5922 .......... v ... / \� aP�/ 9 fssl° �O / MAP OF EXHIBIT "A" OF ING SEEATTACHED METES & BOUNDS DESCRIPTION ON PAGE 1 HEREIN 21. B2 113�,771,121.82 TXDOT .56 INTERSTATE HIGHWAY NO. 35 POI NT OF MONUMENT W/A 3, (VARIABLE WIDTH R.O.W.) COMMENCING 204) BRASS CAP FND. TXDOT MONUMENT N"E BRASS CAP FOUND 0 RIGHT -OF -WAY LINE 100,00' �858.0 S45 °31'22 "W – 380.50' S45 °31'22 "W – 4'SURVEYOR'S NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS STATE PLANE NA083 SOUTH CENTRAL ZONE (4204). ALL DISTANCES SHOWN ARE GROUND. SURVEYED ON THE GROUND APRIL, 2018 30' 60' GRAPHIC SCALE IN FEET 1" =60' I I ACCESS, DRAINAGE, WATER, & WASTEWATER EASEMENT I 0.4063 ACRES (17,698 SQ. FT_) I I I tD I I REMAINDER OF MI Lo iM CALLED: 200.198 ACRES MI SAN ANTONIO ONE, L.P. & �- -so' Io SAN ANTONIO THREE, L.P. `1 VOL. 979, PG. 475, NI I to O.P.R.G.C.T. ROB boo vI I� aI I� 1 � I I I W jF WALXER SUR'WEY QBSTSAC-F No, g4 I I I I I I A N46 °54'29 "E – 196.53' FUTURE LOT 1 WIEDERSTEIN RANCH (BY SEPARATE INSTRUMENT) — — — — — — — — — — — — — — — — — — — — — S46 °54'30 °W PROPOSED 30' WIDEACCESS WATER, 50.01' WASTEWATER & DRAINAGE EASEMENT — — — — — — — -- ------------ ACCESS, DRAINAGE, WATER, SPOONER& WASTEWATER EASEMENT =" SCHERTZ COMMERCIAL - ASSOCIATES CITY OF SCHERTZ, NEGdlUM 0"ssIomL4WWR VOns GUADALUPE COUNTY, TEXAS • • PROPERTY: SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. WHOLE PROPERTY ACREAGE: 200.198 ACRES (DEED) 18 -032 SCHERTZ COMMERCIAL_ ACCESS EASEMENT.dwg DATE: 04/26/2018 1 CHECKED BY: E.S.S. 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76035 (817) 685 -8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 A.D.W.W.W. ESMNT. - PAGE 2 OF 2 z 4 4 CALLED: 21.50 ACRES BUSSEY'S LTD. VOL. 717, PG. 727, O.P.R.G.C.T. OF ERIC S. SPOONER i ...:. ...5922 .......... v ... / \� aP�/ 9 fssl° �O / 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. CONNECTOR FROM WIEDENSTEIN ROAD THE STATE OF TEXAS COUNTY OF GUADALUUPE GRANT OF EASEMENT: SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201, ( "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. Purpose of Easement. The Easement shall be used for public utility and ingress /egress purposes. a. 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. b. The Easement shall also be used for the purpose of ingress and egress across Grantor's property to the adjacent tract of property. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution and the official filing of a release document 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. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 7., immediately below, improvement and maintenance of the Public Utility 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 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. 7. 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. 8. 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. 9. 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. 10. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 11. 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 Guadalupe County in which the Easement Property is located. 12. 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. 13. 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. 14. 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. 15. 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. 16. Exceptions to 144arranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 17. 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. 18. 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. 19. RecitalslExhibits. 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. 20. 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, this instrument is executed this av day of April, 2018. San Antonio One Limited Partnership by Charles A. Forbes, its general partner San Antonio Three Limited Vartnership by -M� v4 - C�� Charles A. Forbes, its general partner THE STATE OF MICHIGAN * COUNTY OF WAYNE This instrument was acknowledged before me on the 2?'r day of April, 2018, by Charles A. Forbes in his capacity as general partner of San Antonio One Limited Partnership and San Antonio Three Limited Partnership. 6 NOTARY PUBLIC, STATE OF MICHIGAN LAURIE BEMIS NOTARY PUSUC -STATE Of MICHIGAN COUNTY Of WAYNE My Commission Expi�S ��tli r 12, 2018 Acting In the County of t=�S�` L. r CITE' OF SCHERTZ, TEXAS, a Texas home -rule municipality LOIR 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) I ' 1• r • .- BEING a 2.4946 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City of Schertz, Guadalupe County, Texas, said 2.4946 acre tract of land being a portion of the remainder of a called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas (O.P.R.G.C.T.), said 2.4946 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod with cap stamped "B.P.I." found at an east property corner of the said San Antonio One tract, same being the south property corner of a called 21.50 acre tract of land conveyed to Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also being a north- property corner of a called 101.385 acre tract of land conveyed to Board of Trustees of the Schertz - Cibolo- Universal City Independent School District, by deed as recorded in Volume 4216, Page 649, O.P.R.G.C.T.; THENCE along the northeast property line of the said San Antonio One tract, and along the southwest property line of the said Bussey tract, the following courses and distances: North 30'47'14" West, 28.10 feet to a 1/2 inch iron rod with cap stamped `B.P.I.' ; North 31 °16'03" West, 172.07 feet to the POINT OF BEGINNING, said beginning point having a NAD 83 Texas South Central Zone (4204) coordinate of N: 13,770,179.41 and E: 2,203,983.23; THENCE departing said property lines, over and across said San Antonio One tract, the following courses and distances: South 58 °43'54" West, 244.37 feet; South 58'48'12" West, 1,823.88 feet; South 30 °51'02" West, 56.53 feet; South 58 °45'36" West, 132.29 feet to a point on the southwest property line of the said San Antonio One tract, said point being on the northeast right -of -way line of Wiederstein Road, being a variable width right -of -way, from said point a 1/2 inch iron rod with cap stamped "B.P.I." found at the south property corner of the said San Antonio One tract bears, South 31'13'17" East, 1,382.91 feet; THENCE North 31 °13'17" West along the said property line, and along the said right -of -way line, 92.00 feet; THENCE departing said property line, and said right -of -way line, over and across said San Antonio One tract, the following courses and distances: North 58 °45'36" East, 132.26 feet; North 81 °05'47" East, 54.04 feet; North 58 °48'12" East, at a distance of 1,277.98 feet passing the south lot corner of future Lot 1, Wiederstein Ranch, being a future Addition to the said City of Schertz, Guadalupe County, Texas, to SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — A.D.W.W.W. EASEMENT -- EXHIBIT "A" -- PAGE 1 OF 3 SPOONER ANO ASSOCIATES, INC, 309 BYERS STREET, 4100, EULESS, TEXAS 76039 -PH. 817-685-8448- ESPOONER @SPOONERSURVEYORS.COM- S&A #18 -032 be conveyed by separate instrument, continuing along the southeast lot line of said future Lot 1, a total distance of 1,823.86 feet; North 58 °43'54" East, 244.34 feet to the said northeast property line of the said San Antonio One tract, same being the said southwest property line of the Bussey tract; THENCE South 31 °16'06" East, along the said property lines, 45.00 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 2.4946 acres (108,663 square feet) of land more or less. The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are ground. *SURVEYORS CERTIFICATE* I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that same is true and correct. Surveyors Name: Eric S. Spooner Registered Professional Land Surveyor, Texas No. 5922 Spooner and Associates, Inc. Texas Board of Professional Land Surveying No. 10054900 Surveyed on the ground April - 2018 i 04/2512018 r OF T 1 < ERIC S. SPOONER > `1 5922 OF Q- 9� SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — A.D.W.W.W. EASEMENT -- EXHIBIT "A" — PAGE 2 OF 3 SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817- 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM- S8A #1 &032 ° W p QWQ 00�� ,0l"8Z - M„bl,LMEN --- IL —zt v� 0 7 LO'ZZL `° N ® j Z U LU AA, ,EOX.LCN J✓ �i O P ®J cnm ¢o��U le- W 0 p m/ 0I 1®I O Z °R'l CO N C) C) Qp LLA t a Cf) 1 ®� ti N� ci U) io wn�o 1 EL U4 �N� Via, Q� Qm0 1 m ZWp NU Q' wCO � 1 1 `ate O�� 1 OCR W Quo W� J �W� 1 4iQ� 5K IIJ" p 1 Z Wo err GQ w 1 - \ SS 1 ®W uj uj U co 3N171O7 \ 1 3bnin4 1 4 zp aW �Q �II�JU �UJWw� 1 1 w 00 00 Q°= �Q- Q� 1 1 F- U) LJJ (3) 1 tw�Q Zo0���l IJ O ,I Z QNp�CL 1�1 �'/ y o� o WZZ� IN wcn�N wzoZ 1 / ti WwZWo Dp -:S U Q Q 1 �� +S�QGj� oZaW� I �of zo y �/ ; �Pa�`j o�o�o I ,� LL0� 0�. IrWUQO I W� 0J� // 1 1, // �>OQo N W0 1 1 / w u�UJ // 1 '� 0¢��No I Q� mUZ / WZz N ISO Oro // l 1 �Uw I (1) co <U) / // 1 1 � °' a, I W a LIJ �ern� �vwi�C� 1 �� �, W tl• a Z. � `l tl '9d `691£ '701 ® ® kk 2 -i O w ^ a 1N34V3SV3 o 831VM,06 X3 h w '> V- I W�U I CU Ci WMa n J x0 �I uJ Ci �0I U y4 �c� wol z� w(d �� CD (Z) pal LLI ti W 0 Q W W LL N Z w o C) N C) U II `- U) U e- o d / / / Uwa0 / N W N W wu�No O F- OV Q' U p f- O Of 0 W = _ Qcn�a =zo o0wc° owwa ; - °z_ O LL u z Z) C9 k ^ Q. 'wollll W p QWQ 00�� --- IL Z o z F- `° N v tl � N `� o L6 O P w J m z W M W v W N- W � W o Z Q P O 40 m b J oV J m to h 2 Z w J J J J c J h w '> V- I W�U I CU Ci WMa n J x0 �I uJ Ci �0I U y4 �c� wol z� w(d �� CD (Z) pal LLI ti W 0 Q W W LL N Z w o C) N C) U II `- U) U e- o d / / / Uwa0 / N W N W wu�No O F- OV Q' U p f- O Of 0 W = _ Qcn�a =zo o0wc° owwa ; - °z_ O LL u z Z) C9 k ^ Q. 'wollll w p QWQ 00�� --- IL Z o I �QC IWO° 'rlrrl'II = -j Z Q P P w J w m o o 0 00 , ,- v`�j v vi v vi c cn Z Z w Z J J J J J J J J J J J I W�U I CU Ci WMa n J x0 �I uJ Ci �0I U y4 �c� wol z� w(d �� CD (Z) pal LLI ti W 0 Q W W LL N Z w o C) N C) U II `- U) U e- o d / / / Uwa0 / N W N W wu�No O F- OV Q' U p f- O Of 0 W = _ Qcn�a =zo o0wc° owwa ; - °z_ O LL u z Z) C9 k ^ Q. 'wollll ( I p QWQ 00�� --- IL Z o I �QC IWO° 'rlrrl'II = -j �Um 3N17.(VM JO -L140j 1 I 97 -._ T L6'Z9£`l - 3 „) hEb•LES WE '2f0 'V M V - M-0'8 H101M 378Vl8VA) aTAOY1�IIRLEY YLId C) < ~ Q. : 0 N O rn M co r m0 0 c7 q 0 w a ® U) X C lk� w0) 2 • W X o N W ° ¢ z 0000 W w0z � • % � Ill x ® W R Ll) W (D [n F' Cn LU � c U co Q o � Cl) wza � C/1 W W 0 � N �U wd� U � � H H 0 w ui ul vi o ui Uj ul m U U Q W rn U °o Z N (Lj O j m U C, w EL O a Ir V W wQ W n: wW W U � U O �I Z z W Q �0 a w J U Ld co Z o 9 z 00 N O �o ai O O' CL Y) CL Y) wza � C/1 W W 0 � N �U wd� U � � H H 0 w ui ul vi o ui Uj ul m U U Q W rn U °o Z N (Lj O j m U C, w EL O a Ir V W wQ W n: wW W U � U O �I Z z W Q �0 a w J U Ld co Z o 9 z 00 N O �o ai O O' CL Y) CL Y) 064%, `o. I r ; W, . THE STATE OF TEXAS § COUNTY OF GUADALUPE § This Maintenance and Easement Agreement ( "Agreement ") is made by and between SAN ANTONIO ONE LIMITED PARTNERSHIP and SAM ANTONIO THREE LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201, ( "Grantor ") and the CITY OF SCHERTZ, TEXAS, a Texas home - rule city, with office located at 1400 Schertz Parkway, Schertz, Guadalupe County, TX 78154, ( "Grantee "), and is as follows: WHEREAS, the tract of real property that is the subject of this Agreement (the "Development Tract ") is located in Guadalupe County, Texas and are more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference; and WHEREAS, Storm water drainage improvements have been designed and will be constructed on the Development Tract ( "Drainage System "); and WHEREAS, "Grantor" shall mean Grantor and Grantor's heirs, successors, and assigns who at any time own any interest in the conveyance; and WHEREAS, Grantor has agreed to maintain the Drainage System according to the guidelines set forth in Exhibit `B ", attached hereto and incorporated herein by reference ( "Maintenance Obligations "); and WHEREAS, Grantor desires to grant to Grantee an easement over the Tract upon which the Drainage System is located for the purpose of allowing Grantee to enforce the maintenance obligations; and WHEREAS, this grant of easement in no way imposes any requirement upon Grantee to expend money or resources towards the operation or maintenance of the Drainage System although it does allow Grantee to enforce the maintenance obligations via self -help remedies if it so elects; and NOW THEREFORE, for and in consideration 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, Grantor hereby GRANTS, SELLS and CONVEYS, to Grantee a non - exclusive easement on, over, tluough and across the Development Tract to enforce the Maintenance Obligations ( "Easement''). This Agreement shall be subject to the following terms and provisions: 1. Maintenance Obligations. Grantor will perform the Maintenance Obligations. 2. Character of Easement. The Easement is an easement in gross. 3. Duration of Easement. The Easement shall continue in perpetuity unless relinquished or abandoned by ordinance or resolution and the official filing of a release document by Grantee. 4. Purpose of Easement. Grantor covenants and agrees that this Easement shall authorize Grantee to enforce the Maintenance Obligations including the right of self -help. 5. Enforcement. Each party shall have and be entitled to enforce all rights and remedies at law or in equity including the following: a. If either party defaults in the performance of its obligations hereunder and the default is not cured within ten (10) days following delivery of written notice, then the non - defaulting party shall have the right to perform such obligation on behalf of the defaulting party, in which event the defaulting party shall immediately pay to the non- defaulting party all reasonable amounts expended. b. In the event of a breach by any party hereto of any obligation of such party under this Agreement, the non - defaulting party shall be entitled to injunctive relief mandating compliance herewith, and shall be entitled to obtain a decree hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of legal remedies and irreparable harm which would be caused by the breach of this Agreement, and such non - defaulting party shall be entitled to relief by any and all other available legal and equitable remedies from the consequences of such breach. Any costs and expenses of any such proceeding, including reasonable attorney's fees, shall be paid by the defaulting party. 6. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights granted. Any oral representations or modifications concerning this Agreement shall be of no force and effect except in a subsequent modification in writing, signed by the party to be charged. 7. Attorney's Fees. In the event of any controversy, claim, or dispute relating to this Agreement or the breach, the prevailing party shall be entitled to recover from the non - prevailing party reasonable expenses, attorney's fees, and costs. 8. Binding Effect. This Agreement, and the terms, covenants, and conditions shall be covenants running with the Development Tract and shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and assigns of each of the parties. 9. 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 Guadalupe County. 10. No Waiver. Except for a written waiver signed by the party to be charged, any action or inaction by any party with respect to any provision of this Agreement, including, but not limited to, a party's failure to enforce any provision of this Agreement, shall not constitute a wavier of that provision or any other provision of this Agreement. Any waiver by any party of any provision of this Agreement shall not constitute a waiver of any other provision of this Agreement. 11. headings. Any section headings in this Agreement are for reference only and shall not modify or affect the interpretation of this Agreement in any manner whatsoever. 12. Notices. Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail and addressed to the intended recipient at the address shown herein, and if such address is not known, then at the last known address according to the records of the party delivering the notice. Notice given m any other manner shall be effective if and when received by the addressee. In witness whereof, this instrument is executed this day of April, 2018. AGREED AND ACCEPTED: San Antonio One Limited Partnership by ter' 4 "1 Charles A. Forbes, its general partner San Argtonio Three Limit d Partnership W"'6 by Y1 WZ41 Charles A. Forbes, its general partner THE STATE OF MICHIGAN COUNTY OF WAYNE This instrument was acknowledged before me on the 23 (Aay of April, 2018, by Charles A. Forbes in his capacity as general partner of San Antonio One Limited Partnership and San Antonio Three Limited Partnership. t NOTARY PUBLIC, STATE OF MICHIGAN LAURIE BEMIS NOTARY PUBLIC -STATE OF MICHIGAN COUNTY OF WAYNE My Commission Explres Oscelnb�t 1,2 0019 Acting In the County of I- & — �-r City of Schertz A Texas home -rule municipality Brian James Acting City Manager, City of Schertz STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 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, State of Texas Exhibit: "A" Description of Development Tracts "B" Maintenance Obligations EXHIBIT "A" Description of Easement Area (as attached) s r Maintenance Obligations The following guidelines are established for the maintenance and inspection of the Drainage System, Inspections: The Drainage and Detention System should be inspected at least once a quarter unless specified otherwise to evaluate if the system is functioning properly. One of these inspections should occur during or immediately following a rainfall event. Sediment Removal, All sediment accumulation shall be removed from outlet structures and drainage pathways downstream of drainage structures at least once bi- annually or anytime sediment accumulation is greater than 3 inches of depth. Mowh!g: The earthen side slopes, embankments, and bottom of the Drainage System shall be mowed at least once a quarter, or anytime vegetation height is greater than 12 inches. Mowing may be required more frequently for aesthetic purposes and to prevent the growth of weeds. For mowing operations, a mulching type mower will be utilized or all grass clippings will be caught and removed. Debris and Litter Control: During inspections, mowing, or other regular maintenance activities, all visible debris and litter will be removed from within the Drainage System. Special attention will be paid to debris within the facility that could block the outlet structures and alter drainage facility functionality. Erosion Control: Earthen portions of the facilities will be maintained with vegetative cover to control erosion. If during inspections or regular maintenance activities, any slumping or erosion is observed, the area will be re- graded and re- vegetated to original conditions. Nuisance Controi: Standing water or constantly wet conditions within the facility can promote nuisance problems for nearby residents and businesses. These problems include odors, mosquitoes, weeds, and litter. If encountered, these problems will be addressed during regular maintenance operations. Record Keeping: The property owner shall maintain records of the storm water management facilities including installation and of all maintenance and repairs. These records shall be maintained for a minimum of three years and be made available to City of Schertz during inspection of the facilities and at other reasonable times upon request. G BEING a 0.2275 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City of Schertz, Guadalupe County, Texas, said 0.2275 acre tract of land being a portion of the remainder of a called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas (O.P.R.G.C.T.), said 0.2275 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a TXDOT monument with brass cap found at the north property corner of the said San Antonio One tract, same being the west property corner of a called 21.50 acre tract of land conveyed to Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also being the north lot corner of future Lot 1, Wiederstein Ranch, being a future addition to the said City of Schertz, Guadalupe County, Texas, to be conveyed by separate instrument, said commencing point further being on the southeast right -of -way line of Interstate Highway No. 35, being a variable width right -of -way, THENCE South 45 °31'22" West, along the northwest property line of the said San Antonio One tract, and along the said right -of -way line, a distance of 995.02 feet to the POINT OF BEGINNING, said beginning point having a NAD 83 Texas South Central Zone (4204) coordinate of N: 13,770,691.28 and E: 2,202,539.07; THENCE departing said property line and said right -of -way line, over and across the said San Antonio One tract, the following courses and distances: South 49 010'29" East, 297.16 feet to the beginning of a non - tangent curve to the left having a radius of 55.00 feet; In a easterly direction, along said curve to the left, an arc length of 79.38 feet, and across a chord which bears, North 89 °28'36" East, a chord length of 72.67 feet to the most northerly west lot corner of said future Lot 1; THENCE South 45 °49'28" East, along the future southwest lot line of said future Lot 1, 25.04 feet to the beginning of a non - tangent curve to the right having a radius of 80.00 feet; THENCE departing the said future lot line, continuing over and across the said San Antonio One tract, the following courses and distances: In a westerly direction, along said curve to the right, an arc length of 117.19 feet, and across a chord which bears, South 88 °51'32" West, a chord length of 106.99 feet; North 49 °10'29" West, 299.22 feet to a point on the said northwest property line, same being the said right -of -way line, from said point a TXDOT monument with brass cap bears, South 45 °31'22" West, 268.46 feet; THENCE North 45 °31'22" East, along the said property line and along the said right -of -way line, 25.08 feet to the POINT OF BEGINNING. The hereinabove described tract of land contains a computed area of 0.2275 acres (9,912 square feet) of land more or less. SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - DRAINAGE EASEMENT - EXHIBIT 'W'- PAGE I OF 3 SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817 - 685 -8448 - ESPOONER @SPOONERSURVEYORS.COM - S&A #18 -032 r The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are ground. *SURVEYORS CERTIFICATE* I do hereby certify that the above legal description was prepared from public records and from an actual and accurate survey upon the ground and that same is true and correct. SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — DRAINAGE EASEMENT — EXHIBIT "A" -° PAGE 2 OF 3 SPOONER AND ASSOMATES, INc, 309 BYERS STREET, #100, EULESS, TEXAS 76039—PH. 817- 685 -8448 — ESPOONER @SPOONERSURVEYORS.00M— S&A #18 -032 ®®A® ®04/25/2018 Surveyors Name: Eric S. Spooner ® OF p �� s TER of Registered Professional Land Surveyor, Texas No. 5922 �, 0 Spooner and Associates, Inc. 0 ERIC S. SPOONER Texas Board of Professional Land Surveying No. 10054900 Surveyed on the ground April - 2018 . - 1 0 5922 FE ' y °-A SCHERTZ COMMERCIAL SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. — DRAINAGE EASEMENT — EXHIBIT "A" -° PAGE 2 OF 3 SPOONER AND ASSOMATES, INc, 309 BYERS STREET, #100, EULESS, TEXAS 76039—PH. 817- 685 -8448 — ESPOONER @SPOONERSURVEYORS.00M— S&A #18 -032 MAP OF EXHIBIT "A" SEE ATTACHED METES & BOUNDS DESCRIPTION ON PAGES 1 & 2 HEREIN CURVE TABLE CURVE # RADIUS LENGTH CH BEARING CH LENGTH Cl 55.00 79.38' N89 °28 36 "E 72.67' C2 80.00 117.19' S88 °51'32 "W 106.99' GRAPHIC SCALE IN FEET I" = 100' . . N15 5 �• ti� w r POINT OF BEGINNING N. 13,770, 691.28 E. 2,202,539.07 RIGHT-OF-WAY 0' WAY L 5 POINT OF 0 COMMENCING ° TXDOT MONUMENT '� °° BRASS CAP FOUND G a m �o G Zm n L 1 :P Q •' l� �D M -per Zm REMAINDER OF / / CALLED: 200.198 ACRES SAN ANTONIO ONE, L.P. 81 SANANTONIO THREE, L.P. VOL. 979, PG. 475, O. P. R. G. C. T. k (NAD 83, / ♦♦ ♦♦ r.s.c.z -a2oa) FUTURE L0TI ♦ ♦ ♦ ♦ / S1P� ��� WIEDERSTEIN ♦ ♦ ♦; DRAINAGE EASEMENT °cb / / G�55�P�l RANCH BYSEPARATE TXDOT �� ` ♦ Y4% 0.2275 ACRES (9,912 SQ. FT.���ti/ / /\ �P�PG� J� %NSTRUMENT) MONUMENT W/ ♦ $� / /,O BRASS CAP FND. ♦ a� y / / ������0 �� Oq ♦ ♦; ` Cl ft. 00 w I SURVEYOR'S NOTE: C2 THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS STATE PLANE CODER r mpffom fi NAD83 SOUTH CENTRAL ALL DISTANCES SHOWN ARE GROUND. J� ��' �'��� � (o. 244 SURVEYED ON THE GROUND APRIL, 2018 pC �7 �'� ��� ��� DRAINAGE EASEMENT SCHERTZ COMMERCIAL CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS PROPERTY: SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. WHOLE PROPERTY ACREAGE: 200.198 ACRES (DEED) 18 -032 SCHERTZ COMMERCIAL_ DRAINAGE EASEMENT.dwg DATE: 04/26/2018 1 CHECKED BY: E.S.S. LINE TABLE LINE BEARING DISTANCE L1 S49 °10'29 "E 297.16' L2 S45 °4928 "E 25.04' L3 N49 °1079 "W 299.22' L4 N45 °31'22 "E 25.08' _ = SPOONER& =y ,y SSOCIATES A REf�Si,lED PROFFSMNALLANDSURVEYORS • • 309 BYERS STREET, SUITE 100, EULESS, TEXAS 7603! (817) 685 -8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 DRAINAGE EASEMENT — PAGE 3 OF 3 ten` 4 -25 -1i OF `Na. I.PQ�G1R�o N, ................... ....... r, < ERIC S. SPOONER .... ....922 ..P .:...( � i `Esslo" O�