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18-R-56 - Terminating a Sanitary Sewer Easement on Lot 2, Block 11 of the Verde Enterprise Business Park Unit 14A SubdivisionRESOLUTION OF THE CITY COUNCIL OF BLOCK It OF THE VERDE ENTERISE TEXAS RELEASING AND TERMINATING A SANITARY SEWER EASEMENT ON LOT P. BUSINESS . SUBDIVISION; IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (hereinafter the "City "), received an easement from Morton Southwest as a sanitary sewer easement, across the Grantor's property, and said easement was established by easement document and recorded in the Public Records of Guadalupe County on May 28, 1982 as Volume 640, page 769 (hereinafter the "Easement "); and WHEREAS, the Engineering Department has reviewed the easement and determined that the easement is no longer necessary due to the property having access to sewer service via other locations; and WHEREAS, the property is currently under development to construct sanitary sewer service laterals that connect to other parts of the existing public sanitary sewer system; and WHEREAS, there would be no adverse impact to sewer service in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, a copy of the Release and Termination of Public Sanitary Sewer Easement Instrument, which provides a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the recitals contained in the preamble hereto 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 2. That the City Council finds that such release and termination of the sanitary sewer easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purposes and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the sanitary sewer easement in substantially the same form as set out in Exhibit "A ", and such other instruments and documents that are reasonably necessary to effectuate the purpose of this Resolution. Section 5. 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 8. 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 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this ��— day of 'mot � , 2018. CITY OF SCHERT , TEXAS David 9`ca2lio , vor Pro -Tem ATTEST: nda Dennis, City Secretary (CITY SEAL) 50077397.1 I . 50077397.1 A -1 %\1 201899012714 I I I I I I I I I,I I I I I I I I I I 1111111 RELEASE AND TERMINATION OF SANITARY SEWER LINE EASEMENT THE STATE OF TEXAS § COUNTY OF e0ttftt § C1tJ�pD1A�..v�PE WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Morton Southwest, as a sewer line easement, across the Grantor's Property, and said Easement was established by instrument and was recorded in the Comal County Official Public Records on May 28, 1982, as Volume 640, Pages 769 -772 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary since the existing sewer line has been abandoned; and WHEREAS, There would be no adverse impact to the sanitary sewer main in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Attachment "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Attachment "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as recorded in the Comal County Official Public Records, Volume 640, Pages 769 -772, and attached hereto as Attachment "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the day of 2018. �ATfi1�S�T CITY OF SC RTZ, TEXAS rend., nisaGity Secretary Brian kdines, Acting City Manager THE STATE OF TEXAS COUNTY OF COMAL BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Brian James, Acting City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 'day of -i� R , 2018. [Seal] Notary Public in and for the State of Texas My Commission Expires: f Z --d 1— ZI-d % 1r """ DONNA R. SCHMOEKEL NOTARY PUBLIC AFTER RECORDING RETURN TO: STATE OF TEXAS (i"'.)MY Commission Expires 12.01 -2019 City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz Parkway, Building 1 Schertz, TX 78154 MORTON SOUTHWEST STATE OF TEXAS I COUNTY OF BEXAR(' -ATTAdiMENT A TO CITY OF SCHERTZ vt 640 FuE %9 SEWER LINE EASEMENT �.9 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Morton Southwest, Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it, in hand paid, and for and in consideration of the benefits accruing to it by reason of the construction by the CITY OF SCHERTZ, TEXAS, of a sanitary sewer outfall line in, upon, over and across its property, more particularly described below, hereby dedicates to the CITY OF SCHERTZ, TEXAS, Grantee, an easement.and right -of -way of twenty -five feet (251) in width for a sanitary sewer line with all the necessary laterals or appurtenances thereto, over, across, under and upon the following described property located in Guadalupe and Comal Counties, Texas (hereinafter the "Property "), to- wit: 1.790 acres (77,964 sq. ft.) of land out of the Morton Southwest 55.711 acre tract of land recorded in volume 632, Page 39, of the Guadalupe County Deed records; and Volume 319, Page 841, of the Comal County Deed records; BEGINNING: For reference at a fence post near the northwest corner of the above- mentioned Morton Southwest 55.711 acre tract; THENCE: Northeasterly 317.45 feet, along the northwest property line of said Morton Southwest 55.711 acre tract, to the northwest corner and the point of beginning of the herein described 1.790 acre easement; THENCE: Continuing along the northwest property line of said Morton Southwest tract N 56 °16140" E, 25.01 feet, to the northwest corner of herein described easement; THENCE: S 33 °47137" E, 2,272.50 feet; S 44 °01'29" E, 376.55 feet; and S 33 °47'37" E, 468.80 feet; to the southeast corner of the herein described easement, said corner being in the north line of a 60 foot road as platted in the Subdivision Plat of Beacon Circle East Subdivision, Unit 1; THENCE: S 55. 35'30- W, 25.72 feet, along the north line of said 60 foot road, to the southwest corner of the herein described easement; THENCE: N 14- 54143" W, 2.22 feet; N 33 °47'37" W, 464.73 feet; N 44 °01129" 47, 376.55 feet; and N 33 °47'37" W, 2,274.77 feet, to the point of beginning,and containing 1.790 acres (77,964 sq. ft.) of land more or less. ,. , "" -- 640 (70 s. together with a right of ingress and egress over said right- i of -way for the purpose of constructing and reconstructing I, said sanitary sewer line for the transportation and treatment j of domestic, municipal and industrial sewage and sludge; inspecting, patrolling, maintaining and removing said sewer C line and appurtenances thereto; the right to relocate said sewer line within said right -of -way, the right to remove from R. said Property, described above, all trees and parts thereof, may interfere with the exercise or other obstructions, Y of the rights hereby granted hereunder, and Grantor expressly covenants and agrees for itself, its successors and assigns, that no building or obstruction of any kind will be placed on l: said easement right -of -way herein granted. This easement j. will be used for any and all things reasonably necessary for the construction, operation and maintenance of the aforesaid sanitary sewer line. A. Grantee expressly agrees th at upon completion of construction of said sewer line it will remove from the Property described above, all surplus material and will generally cause said i property to be left, as nearly as possible, 4i in the condition as it existed prior to the construction of said sanitary sewer line. B. Temporary fences shall be I maintained by Grantee during construction and upon completion of construction any i fences of Grantor damaged or removed shall be replaced by Grantee, at its 1' sole cost and expense. II C. There is reserved to-the i - Grantor, Grantor's successors and assigns, the right and privilege to use the above 'i described Property of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment of the Grantee, its.successors and assigns, of the rights and privileges herein granted. D. The rights and privileges ii herein granted are subject to all easements, rl rights -of -way, mineral reservations or other rights now outstanding in third parties. 2 r t r. 640 771 For the same consideration, said Grantor does further grant unto Grantee a Temporary Construction Easement fifty feet (501) in width abutting the above described Property (along either side as selected by Grantee by written notice to Grantor) for the purpose of using said Temporary Construction Easement for the construction of said sanitary sewer line to be placed within the heretofore described Property. The CITY OF SCHERTZ, TEXAS expressly agrees that it will remove from said Temporary Construction Easement all surplus material and said CITY OF SCHERTZ, TEXAS will cause the property comprising the Temporary Construction Easement to be left as nearly as possible in the condition as it existed prior to the construction of said sanitary sewer line. This temporary construction easement shall expire at the completion of the construction of the aforesaid sanitary sewer line. TO HAVE AND TO HOLD the above described easement and rights unto the CITY OF SCHERTZ, TEXAS, its successors and assigns, for the uses and purposes above set forth, until the use of said right -of -way for a sewer line shall be F abandoned by the Grantee. The undersigned does hereby bind itself, its successors, legal representatives and/or assigns to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the CITY OF SCHERTZ, TEXAS, its successors and assigns, and against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND this 1 day of �4r 1962. MORTON-SOUTHWEST By Cliff Morton 3 J (I _1 4 ®« a 772 STATE OF TEXAS [ COUNTY OF BEXARI BEFORE me, the undersigned authority, on this day personally appeared Cliff Morton ' known to me 1 to be the person whose name is subscra ed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GI EN under my han and seal of office this Zday of 1982. .""- •. .. ° �. ` Notary Public in and fob" j The State of Texas My commission expires R CO J -' /0 -.3 -8� THE STATE OF TEXAS 1 h FRANK SCHMIDT. Clerk of the County Court in County of Guadalupe J i . and for said County, do hereby certify that the foregoing instrument of writing dated the. ...day of fit. M . I 2. with its certificate& of authentication, was filed for Record in my ,'4 i oa P.M., and duly office the... _._o1s _day'.oC_ �:. ?.- -.. .. 19 Q • , at..__3 t.. _.. recorded .day in .......... - on �� .... ___... _..... DkED_:. ::._.:.Record of County in Vol..._�t.— -._. Pages WITNESS my hand - pdr,the of the County Court of said County, at office in Seguin, Terss; .... the day azW y arlist written a e j� e FRANK SCHMIDT, Clerk ....... .... ___ ...... .................. ....... ... By. County Courk Guadalupe County. , i i i. t i A ; , i i i. t i o�N�� This page has been added by the Guadalupe County Clerk's office to comply with the statutory requirement that the 201899012714 I certify this instrument was FILED and RECORDED in the OFFICIAL PUBLIC RECORDS of Guadalupe County, Texas on 0611112018 02:48:50 PM PAGES: 7 JEANNE TERESA KIEL, COUNTY CLERK Gu