13-R-82 Sewer & Sewerline Easement - Northcliffe Plaza DevelopmentRESOLUTION NO. 13 -R -82
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AGREEMENTS FOR ONE (1) 16 -FOOT
PERMANENT SANITARY SEWER EASEMENT AND ONE (1) 25 -FOOT
BY 25 -FOOT TURNAROUND SANITARY SEWERLINE EASEMENT
FROM SCHERTZ COMMERCIAL PARK, L.P. IN THE NORTHCLIFFE
PLAZA DEVELOPMENT 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 one (1) 16 -foot Permanent Sanitary Sewer Easement Agreement
and one (1) 25 -foot by 25 -foot Turnaround Sanitary Sewer Easement Agreement with Schertz
Commercial Park, L.P. ; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Schertz Commercial Park, L.P. pursuant to the one (1) 16 -foot Permanent Sanitary
Sewer Easement and one (1) 25 -foot by 25 -foot Turnaround Sanitary Sewer Easement
Agreements attached hereto as Exhibit A (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 Schertz Commercial Park, L.P. in substantially the form set forth on
Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 24th day of September, 2013.
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
EASEMENT AGREEMENTS
F.'s
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201306042940 10/10/2013 08:36:14 AM 1/9
NOTICE OF CONFIDENTIALITY RIGHTS: IFYOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIDE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
SANITARY SEWER EASEMENT AGREEMENT
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF Corral
THAT Schel z Commercial Park, L.P. , a Texas Limited Partnerslti
(the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas
municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof,
(1) a permanent exclusive easement and right -of -way upon, across, and beneath real property
located in Corral County, Texas, as more particularly described in Exhibit A attached hereto
and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.0902 -acre
tract out of Lot 1, Block 1 and Lot 2, Block 1 of the North Cliffe Plaza Subdivision of the
Grantor more particularly described in that instrument recorded in document number
200906016500, in the map and plat Records of Comal County, Texas (the "Premises "). The
Permanent Easement is granted for the purpose of constructing, operating, maintaining, and
repairing a sewer line (the "Sewer Line ").
The Permanent Easement herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(1) The Permanent Easement herein granted shall be a 16 -foot wide strip of land
located across Lot 2 and a portion of Lot 1 and shall be perpetual until the earlier
to occur of (a) the permanent and affirmative abandonment of the use of the
Permanent Easement by the Grantee, its successors or assigns, or (b) the
execution and recordation in the Official Public Records of Comal County, Texas,
of an instrument by which the Grantee, or its successors or assigns, as applicable,
abandons and releases the Permanent Easement.
(2) Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Sewer Line, nor sliall
any such persons erect or permit the erection of any buildings, slabs, structures, or
other improvement within the boundaries of the Permanent Easement, which
would interfere with the Sewer Line's continued use and maintenance.
Notwithstanding anything to the contrary, Grantor will have the right to pave over
the Permanent Easement and use such paved area for driveway and parking areas;
but, in such event, Grantor shall be responsible for the cost of any repairs as a
result of the construction, operation, maintenance or repair of the Sewer Line.
50310409.1
With respect to any buildings, slabs, structures, or other improvements
encroaching on the Permanent Easement as of the date of this Agreement, the
Grantee shall have the right to remove such building, slab, structure, or
improvement to allow for the construction, operation, maintenance, or repair of
the Sewer Line, The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within the Permanent Easement. To the extent
that construction of the Sewer Line results in the removal of brush from the
Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's
sole cost and expense.
(3) The Permanent Easement herein granted shall run with the land and be binding
upon and inure to the benefit of the Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon all parties
having or acquiring any right, title or interest in the Premises or any portion
thereof.
(4) Should it become necessary at any time subsequent to completion to the
construction of the Sewer Line for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operating, or altering the Sewer Line in any
way, the Grantee shall, after each entry upon the Premises, leave the Premises
substantially in the same condition that it was in prior to such entry to the fiull
extent reasonably practicable. If any repair or replacement activities become
necessary as a result of the acts, omissions, or negligence of the owner or owners
of the Premises or any of their tenants, or any of such persons' respective agents,
employees, licensees, or invitees, then such owner or owners shall be responsible
for promptly performing, at their sole cost and expenses, all necessary repairs,
and, if they fail to do so, the Grantee (or its successors or assigns, as applicable)
shall be entitled to do so and to recover all reasonable costs therefore from the
owner or owners (jointly and severally) of the Premises,
(5) The Permanent Easement is further made subject to all validly existing casements,
rights-of-way, conditions, restrictions, covenants, or outstanding mineral or
royalty interests or reservations, of record, if any, in Comal County, Texas as of
the date hereof.
(6) The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
TO HAVE AND TO HOLD said Permanent Easement together with all and singular the rights
and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and
the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever
defend the Permanent Easement unto the Grantee, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or
under the Grantor, buy not otherwise, subject, however, to the matters set forth herein.
50310409.1 - 2 -
Executed to be effective as of August, 2013 (the "Effective Date ").
[sigmitures and uclolowledgements on the following pages J
50310409.1 - 3 ..
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
SCHERTZ COMMERCIAL PARK, L.P.
By: Schertz Commercial Park GP, L.L.C.,
Its General Partner
By:
Name:
Title:
THE STATE OF 7e-'05
COUNTY OF HARRIS
This instrument was acknowledged before me on the 2Z�� day of - too �s , 201h, by
(�s L z�,v, , as Wknaa'tr of Scll►er +� Lo„,r,cyrcicd Pc(rk G(' L.L.C,
� TekaS � i rn ��e.d � � ct� i � i Cam �C�n 1 � Gc�►e..rGL� �Gcri"vkt' oT
Scl,er�-� Crnrne-rci Park L,?. . a i c-xcis I i m��cc1 j�ac sec ski ��r ctna o n
(SEAL) bel�c l rF so�i ' �)
d �ar�he_ sly; F,
o•'=� NEDRA M. CRENSHAW
Notary Public
a STATE OF TEXAS
my Comm 14, 2015
Notary Public in and for
The State of 'FM S
My Commission Expires: 7- f Y `Zo ( S
50310409.1 - 4 -
GRANTEE:
CITY OF SCHERTZ
John kjessel
City Manager, City of Schertz
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the �Opday ot" ✓� '/201 by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
=SARAH 7ALEZ ic as 312016
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
(2a� ��- 6amom'
Notary Public in and for
The State of Texas
My Commission Expires: I v I -
50310409.1 - 5 -
ENGINEERS
MACINA - BOSE e COPELAND and ASSOCIATES, INC
CONSULTING ENGINEERS AND LAND SURVEYORS
Texas Registered Engineering Firm F -784
1035 Central Parkway North, San Antonio, Texas 78232
(210) 545-1122 FAX (210) 545 -9302
www.mbcengineers.com
METES AND BOUNDS
DESCRIPTION FOR
A 0.0902 OF AN ACRE (3,930 SQUARE FEET) TRACT OF LAND OUT OF LOT 1,
BLOCK 1, LOT 2, BLOCK 1, OF THE NORTH CLIFFS PLAZA SUBDIVISION, AS
RECORDED IN DOCUMENT NUMBER 200906016500, IN THE MAP AND PLAT
RECORDS, COMAL COUNTY, TEXAS, SITUATED IN THE RAFAEL GARZA SURVEY
NUMBER 98, ABSTRACT NUMBER 175, IN THE CITY OF SCHERTZ, COMAL
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE
MANNER AS FOLLOWS:
COrMENCING: At a found %" and cap "MBC ", said found %" iron rod
being the northwest corner of the remaining portion
of a called 8.288 acre tract as recorded in Document
Number 200706031428, of the Map and Plat Records,
Comal County, Texas, said found %" iron rod being the
northeast corner of said Lot 2, Block 1, said found
%11 iron rod being on the southern right -of -way of
Interstate Highway 35 (a public right -of -way varies)
(Volume 144, Page 27) (Document Number 9806031102);
THENCE: S 30 °15100" E, 71.36 feet, leaving the southern
right -of -way line of said Interstate Highway 35,
along and with the common line of said remaining
portion of a called 8.258 acre tract and said Lot 2,
Block 1, to a point, at the POINT OF BEGINNING of
this tract.
THENCE: S 30 015'00" E, 16.00 feet, along and with the common
line of said remaining portion of a called 8.258 acre
tract and said Lot 2, Block 1, to a point;
THENCE: S 59 °53'32" W, 240.68 feet, leaving the common line
of said remaining portion of a called 8.258 acre
tract and said Lot 2, Block 1, to a point, said point
being on the northern line of a 16 foot sanitary
sewer easement, as recorded in Volume 522, Page 774;
THENCE: N 61 050158" W, 18.81 feet, along and with the
northern line of said 16 foot sanitary sewer
easement, to a point;
Page 1 of 3
P: \Schertz \30880- Schertz Commercial (Ref 29816) \Letters \0.0902 Ac 061713.doc
THENCE: N 59 °53132" E, 250.54 feet, leaving the northern line
of said 16 foot sanitary sewer easement, to the POINT
OF BEGINNING of this tract.
I, Joe Edward Higle, Registered Professional Land Surveyor do hereby
affirm that this description is based on the results of a survey
made on the ground by the firm of Macina, Bose, Copeland and
Associates, Inc., of which a survey map tre repared.
30880 - Schertz
June 17, 2013
JEH /nt
REGISTERED
Page 2 of 3
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This page been • • ' • to comply with the statutory requirement
that the clerk shall note the recording information bottom
last page.
This page becomes part of the document identified by the instrument
number affixed to the first page.
Filed and Recorded
Official Public Records
Joy Streater, County Clerk
Comal County, Texas
10!1012013 08:36:14 AM
TERRI 9 Page(s)
201306042940
til
IIIIIIIIIIIIIIIIIIIIIII IIIIII III III
201306042941 10/10/2013 08:36 :16 AM 1/9
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SANITARY SEWER EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF Coinal §
THAT Scherk Commercial Park, L.P. , a Texas Limited Partnership
(the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and
other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas
municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto the Grantee, its successors and assigns, subject to the terms hereof,
(1) a permanent exclusive easement and right -of -way upon, across, and beneath real property
located in Corral County, Texas, as more particularly described in Exhibit A attached hereto
and incorporated herein for all purposes (the "Permanent Easement "), and being a 0.0143 -acre
portion of that 8.258 -acre tract of land of the Grantor more particularly described in that
instrument recorded in document number 200706031428, in the Map and Plat Records of Comal
County, Texas (the "Premises"), The Permanent Easement is granted for the purpose of
constructing, operating, maintaining, and repairing a 25' x 25' sanitary sewer turnaroturd
easement (the "Sewer Line ").
The Permanent Easement herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
(1) The Permanent Easement herein granted shall be a 25' x 25' square tract of land
located along and adjoining a segment of the north easterly boundary line of Lot
2, Block 1 of the North Cliffe Plaza Subdivision, and shall be perpetual until the
earlier to occur of (a) the permanent and affirmative abandomnent of the use of
the Permanent Easement by the Grantee, its successors or assigns, or (b) the
execution and recordation in the Official Public Records of Comal County, Texas,
of an instrument by which the Grantee, or its successors or assigns, as applicable,
abandons and releases the Permanent Easement.
(2) Neither the Grantor nor any successor owner of the Premises shall disconnect,
disturb, or otherwise interfere with the continued use of the Sewer Line, nor shall
any such persons erect or permit the erection of any buildings, slabs, structures, or
other improvement within the boundaries of the Permanent Easement, which
would interfere with the Sewer Line's continued use and maintenance.
Notwithstanding anything to the contrary, Grantor will have the right to pave over
the Permanent Easement and use such paved area for driveway and parking areas;
but, in such event, Grantor shall be responsible for the cost of any repairs as a
5031 0409.1
result of the construction, operation, maintenance or repair of the Sewer Line.
With respect to any buildings, slabs, structures, or other improvements
encroaching on the Permanent Easement as of the date of this Agreement, the
Grantee shall have the right to remove such building, slab, structure, or
improvement to allow for the construction, operation, maintenance, or repair of
the Sewer Line. The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within the Permanent Easement. To the extent
that construction of the Sewer Line results in the removal of brush from the
Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's
sole cost and expense.
(3) The Permanent Easement herein granted shall run with the land and be binding
upon and inure to the benefit of the Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon all parties
having or acquiring any right, title or interest in the Premises or any portion
thereof.
(4) Should it become necessary at any time subsequent to completion to the
construction of the Sewer Line for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operating, or altering the Sewer Line in any
way, the Grantee shall, after each entry upon the Premises, leave the Premises
substantially in the same condition that it was in prior to such entry to the full
extent reasonably practicable. If any repair or replacement activities become
necessary as a result of the acts, omissions, or negligence of the owner or owners
of the Premises or any of their tenants, or any of such persons' respective agents,
employees, licensees, or invitees, then such owner or owners shall be responsible
for promptly performing, at their sole cost and expenses, all necessary repairs,
and, if they fail to do so, the Grantee (or its successors or assigns, as applicable)
shall be entitled to do so and to recover all reasonable costs therefore from the
owner or owners (jointly and severally) of the Premises.
(5) The Permanent Easement is further made subject to all validly existing easements,
rights -of -way, conditions, restrictions, covenants, or outstanding mineral or
royalty interests or reservations, of record, if any, in Comal County, Texas as of
the date hereof.
(6) The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
TO HAVE AND TO HOLD said Permanent Easement together with all. and singular the rights
and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and
the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever
defend the Permanent Easement unto the Grantee, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or
under the Grantor, buy not otheiwise, subject, however, to the matters set forth herein.
Executed to be effective as of August, 2013 (the "Effective Date ").
50310409.1 -2-
50310409.1 3
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
SCHERTZ COMMERCIAL PARK, L.P.
By: Schertz Commercial Park GP, L.L.C.,
Its General Partner
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF HFlPTIS §
lviuuusvi
This instrument was acknowledged before me on the Z8-N% day of « �. ►- , 2013 by
EII',s L I«clz,•� , as i�An�� e� of .SCI e- z. C,oM-rner 'e ParkCPLLC,,
SCJ)er4-z- (,6m1-v1crC4't I ParkeL.P� �ek��s hr'q e-d Fir +ners�; f For and on
(SEAL) b -611 � sa� +c�
��w o NPDRl1 M. CRENSHAW
Notary Pubkc
p a `
STATE 114, TEXAS 015
Notary Public in and for
The State of TEx?,�S
My Commission Expires: % - /V Zo 1'�-
50310409.1 - 4 -
GRANTEE:
CITY OF SCHERTZ
John . Kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the �tday of T�21 by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
LMY i;, a �N2-P' .'
otary Public opa--l'
ate of Texas Notary Public in and for
m• ExP.10 3 1 2615 The State of Texas
My Commission Expires: I 0a ®I
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
50310409.1 - 5 -
ENG/INEERS
MACINA e BOSE a COPELAND and ASSOCIATES, INC
CONSULTING ENGINEERS AND LAND SURVEYORS
Texas Registered Engineering Firm F -784
1035 Central Parkway North, San Antonio, Texas 78232
(210) 545-1122 FAX (210) 545 -9302
www.mbcengineers.com
METES AND BOUNDS
DESCRIPTION FOR
A 0.0143 OF AN ACRE (625 SQUARE FEET) TRACT OF LAND OUT OF THE
REMAINING PORTION OF A CALLED 8.258 ACRE TRACT, AS RECORDED IN
DOCUMENT NUMBER 200706031428 OF THE MAP AND PLAT RECORDS, COMAL
COUNTY, TEXAS, SITUATED IN THE RAFAEL GARZA SURVEY NUMBER 98,
ABSTRACT NUMBER 175, IN THE CITY OF SCHERTZ, COMAL COUNTY, TEXAS AND
BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS:
COMMENCING: At a found '2" iron rod and cap "MBC" , said found Y/"
iron rod being the northeast corner of Lot 2, Block
1, of the North Cliffe Plaza Subdivision, as recorded
in Document Number 2009060165000, in. the Map and Plat
Records, Coma1 County, said found yz" iron rod also
being on the southern right -of -way line of Interstate
Highway 35, (a public right -of -way varies) (Document
Number 9806031102);
THENCE: S 30 °15100" E, 66.86 feet, leaving the southern
right -of -wad- of said Interstate Highway 35, along and
with the eastern line of said Lot 2, Block 1, to a
point at the POINT OF BEGINNING of this tract;
THENCE: N 59 °53'32" E, 25.00 .feet, 'Leaving the eastern line
of said Lot 2, Block 1, to a point;
THENCE: S 30015100".E, 25.00 feet, to a point;
THENCE: S 59 053132" W, 25.00 feet, to a point, said point
being on the eastern. line of said Lot 2, Block 1;
Page 1 of 3
P: \Schertz \30880 - Schertz Commercial (Ref 29816) \Letters \0.0143 Ac 061713.doc
THENCE: N 30 °15'00" W, 25.00 feet, along and with the eastern
line of said Lot 2, Block 1, to the POINT OF
BEGINNING of this tract.
I, Joe Edward Higle, Registered Professional Land Surveyor do hereby
affirm that this description is based on the results of a survey
made on the ground by the firm of Macina, Bose, Copeland and
Associates, Inc., of which a survey map `6e- repared.
30880 - Schertz
June 17, 2013
JEH /nt
REGIS
Page 2 of 3
Lr'
P: \Schertz \30880 - Schertz Commercial (Ref 29816) \Letters \0.0143 Ac 061713.doc
iVO. 4788
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This •_•- has been added to comply the statutory requireme
y, • - the recording • • at the bottom
page. last
This page becomes part of the document identified by the instrument
number affixed to the first page.
Filed and Recorded
Official Public Records
Joy Streater, County Clerk
Comal County, Texas
10/10/2013 08:36:16 AM
TERRI 9 Pages)
201306042941