18-R-70 - Right of way agreement along Eckhard Road from Cariari HoldingRESOLUTION NO. 18 -R -70
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING AND AUTHORIZING AN
AGREEMENT FOR A RIGHT -OF -WAY DEDICATION ALONG
ECKHARDT ROAD FROM CARIARI HOLDINGS, INC., ACCEPTANCE
OF SUCH RIGHT -OF -WAY DEDICATION BY THE CITY IN
ACCORDANCE WITH THE TERMS OF THE DEDICATION
AGREEMENT, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for a right -of -way dedication with Cariari Holdings, Inc., (the
"Grantor "), in the form attached hereto as Exhibit A (the "Agreement "), for the dedication to the
City of right -of -way containing approximately 0.4931 acres as more particularly described on an
exhibit attached to the Agreement (the "Right -of- Way "); and accept the dedication of such
Right -of -Way in accordance with the terms of the Agreement; and
WHEREAS, the City needs to acquire the Right -of -Way in connection with the
construction of the widening of Eckhardt Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the Grantor pursuant to the Agreement and to accept the dedication of the Right -of-
Way in accordance with the terms of the Agreement.
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 Agreement with the Grantor in substantially the form set forth on Exhibit A and to
accept the dedication of the Right -of -Way to the City in accordance with the terms of the
Agreement.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 26th day of June, 2018.
CITY OF SCHERTZ, TEXAS
ael R. Carpenter, Mayor
ATTEST:
Bren a Dennis, City Secretary
(CITY SEAL)
ON ■- :
i'
III MA 9 Lei
• :Lei 1.4 M1 V by ago .r;
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF COMAL
EFFECTIVE DATE:f �$ �t % 12017
GRANTOR: Cariari Holdings, Inc., an Arizona corporation
5524 Eckhardt Road, San Antonio, Bexar County, Texas 78132 -4920
GRANTEE: City of Schertz, Comal County, Texas, a municipal corporation
1400 Schertz Parkway, Schertz, Guadalupe County, Texas 78154
PROPERTY: That certain 0.4931 acre tract or parcel of real property located in Comal County, Texas,
which is more particularly described in Exhibit A, attached hereto and made a part hereof for all
purposes ( "Property ").
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
The Property will be held and used by Grantee solely for the following purposes:
(i) use as a public right -of -way;
(ii) the location of public utilities; and
(iii) the construction, use and maintenance of stormwater drainage facilities, together with all and
singular the rights and appurtenances thereto, including the right to lay out, construct, open,
install, operate, maintain, reinstall and reconstruct a (a) public roadway, thoroughfare or highway;
(b) public utilities; and (c) public stormwater drainage systems for any roadways and development
of real properties located adjacent to the Property.
2. Rights of Brian Keith Wetz to use of water line easement across the property as recited in Agreed
Final Decree of Divorce under Cause NO. C2013- 0366C, 274th Judicial District, Comal County, Texas,
and in Special Warranty Deed, recorded April 23, 2014, by Beth Wetz to Brian Keith Wetz, recorded
under Document No. 201406013314, Official Public Records, Comal County, Texas. This Public Right -
of -Way Dedication shall not prevent Brian Keith Wetz from having access to public water to service the
property owned by him and described in Special Warranty Deed, recorded under Document No.
201406013314, Official Public Records of Comal County, Texas,
3. All validly existing easements, rights -of -way, and prescriptive rights, whether of record of not; all
presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas
leases, mineral interests, and water interests outstanding in persons other than Grantor, and other
instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing
rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies,
conflicts, or shortages in area or boundary lines; and any encroachments or overlapping of
improvements.
Grantor, for the Consideration and subject to the Reservations From and Exceptions To Conveyance And
Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs,
successors, and assigns forever. Grantor binds itself and its successors, assigns and administrators to
WARRANT AND FOREVER DEFEND all and singular the right -of -way, public utility and drainage
C:\US ERS \CHADW PPDATA \LOCAL\MI CROSOFT\WINDOWS \I N ETCACH E \CONTENT.OUTLOOK \73NMPL46\ROW
DEDICATIONA.DOU
dedication granted herein to Grantee and its successors and assigns against every person whomsoever
lawfully claims the same or any part thereof.
EXHIBITS:
Exhibit A — Property Description (0.4931 AC)
•
NU1111:14 MWINIMIMMSMI a M 9 �MIMMUS ,
CARIARI HOLDINGS, INC., an Arizona corporation
By:
on Buttrum, President
STATE OF TEXAS
COUNTY OF 00MAL
This instrument was acknowledged before me on �� , 2017, by Don Buttrum,
President of Cariari Holdings, Inc., an Arizona corporation, on behalf of said corporation.
GE PEMY
I NOTAR Y PUB! CC
OF TEXAS
V 250361-4
M1 Garnmission. Expires 1-03-2021
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Nckhry Public, StaWof Texas
EXHIBIT A
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FIELD NOTES FOR SURVEYING
A 0,4931 OF AN ACRE TRACT
A 0,4931 of an acre tract of land, out of the Carrol M. Gahogan, Jr. Survey No. 250, Abstract No. 182, Comal
County, Texas and being out of a 20.00 acre tract of land conveyed to Cariad Holdings, Inc. of record in
Document No. 201406031417 of the Official Public Records of Comal County, Texas and being more
particularly described bymetes and bounds as follows:
BEGINNING at a point for the westerly northwest corner of the 20.00 acre tract at the cutback intersection of
Eckhardt Rd, a variable width right -of -way and Interstate Highway (UL) 35, a variable width right -of -way, for
the northwest corner of the tract described herein, from which a found Texas Department of Transportation
(TXDOT) type 11 Monument, being a brass disk in concrete bears S3414946" E, a distance of 1.25 feet:
THENCE: N 7-2143'20"E, along and with the southeast right -of -way line of 1.H. 35 and the northwest line of the
20.00 acre tract a distance of22.56 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW Surveying ",
for the northeast corner of the tract described herein, from which a found TXDOT type Il Monument for an
exterior corner ofthe 20.00 acre tractand angle point of I,H. 35 bears N 22 °43'20" E, a distance of 110.41 feet.
THENCE: Into and across the 20.00 acre tract of land, the following four (4) courses:
1, S 08 °51'11" E, a distance of 668.47 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW
Surveying ", for an anglepoint ofthe tract described herein,
2. S 08 °31'48" E, a distance of 204.82 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW
Surveying", for an angle point ofthe tract described herein,
3. S 08 131'40" E, a distance of 103.18 feet to a set 1/2" iron rod with Blue Plastic Cap Stamped "KFW
Surveying", loran angle pointof the tract described herein, and
4. S 08 132'56" E, a distance of 457.99 feet to a set 1/2" Iran rod with Blue Plastic Cap Stamped "KEW
Surveying" in the south line ofthe 20.00 acre tractand the north line of a 69.82 acre tract conveyed to
Brian K. Wetz ofrecord in Document No. 201406013314 ofthe official Public Records of Comal County,
Texas, for the southeast corner of the tract described herein,
THENCE: 5 54 °19'15" W, along and with the common line of the 20.00 acre tract and the 69,82 acre tract, a
distance of 18.44 feet to a found 1/2" iron rod with a cap stamped "HMT" in the east right-of-way line of
Eckhardt Rd, forthe northwest corner of the 69.82 acre tract and the southwest corner of the 20.00 acre tract
and the tract described herein,
THENCE: N 08 129'54° W, along and with the west line ofthe 20.00 acre tractand the east right -of -way line of
Eckhardt Rd, a distance of 1423.59 feet to the POINT OF BEGINNING and containing 0.4931 of an acre or
21,479 square feet, more orless, situated in Comal County, Texas. Said tractbeing described in accordance with
an exhibit prepared by KFW Surveying. Bearings are based on NAD83 Texas State Plane South Central Zone.
lob No.: 11 -022 �' d• o'
Prepared by: KVW Surveying
Date: October 20, 2016 A A 51
Fife: S: \Draw 2011 \11.022 Parklands \DOCS\ FN 0.4931 AC RO W TAKE otx oq 5 t Q
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1,8EARINGSARE BASED ON THE STATE PtANECOORDINATE
SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE
4204; NORTH AMERICAN DATUM (MAD) OF 1983,
1
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL COMAL
COUNTY ORDINANCES AND RESTRICTIONS.
3. METES AND BOUNDS WERE PREPARED FOR THIS SURVEY.
4. ADJOWERS SHOWN HEREON AREPER CURRENT COMAL
COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC
RECORDS OF COMAL COUNTY, TFJWS.
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OWNER; CAROM HOLDINGS, INC
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DOC, 201406013314
0W?VM, BRIAN K WETZ
ND SURVEYOR NO.
EMAI L*TSUDEL@RFWENeINEE.S.COM
DATE OF SURVEY: 10 /M/2016
PROJECT NO.:11 -022
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