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19-R-34 Abandonment of water lineRESOLUTION NO. 19 -R -34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE RELEASE AND ABANDONMENT OF A WATER LINE EASEMENT AGREEMENT WHICH IS NO LONGER NEEDED WITH SCHERTZ - CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT ON THE SAMUEL CLEMENS HIGH SCHOOL CAMPUS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz (City) is the grantee of an easement to operate and maintain a public water line serving fire suppression facilities and fire hydrants on the Schertz- Cibolo- Universal City Independent School District (SCUCISD) Samuel Clemens High School campus; WHEREAS, as part of the reconfiguration of the Samuel Clemens High School campus of the Schertz - Cibolo- Universal City Independent School District (SCUCISD), the fire water line and associated fire hydrants serving the main building have been relocated; and WHEREAS, the new water line and hydrants are located within and easement that has been accepted by the City and recorded in Guadalupe County records; and WHEREAS, the old water line has been abandoned rendering the need for the City to access the line unnecessary; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the Release and Abandonment of Easement (Exhibit A) for the area that is no longer needed. 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 the Release and Abandonment of Easement in substantially the form set forth on Exhibit A' with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with the Release and Abandonment of Easement attached hereto. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, "and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 50715776.2 D -1 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 March, 2019. D -2 GRANTEE: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality By: Mark)3rovMev,v City Manager THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on , 2019, by Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) STATE OF TEXAS ATTACHMENT A , - - EASEMENT AGREEMENT — COUNTY OF GUADALUPE I 1051/0073 THIS Easement, Agreement (this "Agreement ") is made and entered into between the SCHERTZ-CIBOLO-TJNrVERSAL CITY INDEPENDENT SCHOOL DISTRICT, a body corporate and political subdivision in the Counties of Guadalupe and Bexar, State of Texas (the 'Grantor", which term shall refer not only to the Grantor but also to the Grantor's successors and assigns) and CITY OF SCHERTZ, TEXAS, a nrunicipal corporation of the State of Texas (the "Grantee", which term shall refer not only to the Grantee, but also to the Grantee's successors and assigns), —WI--T—N—ESSETH. WEEREAS, incident to the construction, use, and maintenance of a water line or lines and related, fire hydrant facilities, the Grantee has requested that the Grantor grant to the Grantee a right-of-way and easement for such purposes-, and WHEREAS, the Grantor has agreed to provide to the Grantee the aforesaid right-of-way and easement on the terms hereinafter set, forth; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, 11 That the Grantor, for and in consideration of the sum of TEN and N01100 DOLLARS ($10,00), and other good andvaluable consideration paid to theGrantor, and the beDeffts to be derived on account of and from the operation and maintenance by the Grantee of the public water line or lines and fire hydrants, upon and through the "Easement Strip", as hereinafter defined, the receipt and sufficiency of which considerations are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and DEDICATED, and by these presents does hereby GRANT, BARGAIN, SELL, and DEDICATE unto the Grantee a right -of way and easement for the containment and purposes of excavating, laying, constructing out of any materials, maintaining, operating, repairing, reconstructing, relocating, changing the size of, replacing, and removing a water line or lines and related fire hydrant facilities and appurtenances upon, over, -under, through,. and across that certain strip of land situated in Guadalupe County, Texas (such strip of land. herein called the "Easement Strip"), described on Exhibit A.attached hereto and made a part hereof for all purposes, OCC2962 There is included in this grant the right of the Grantee to use and occupy a. forty foot 'W') wide construction easement and a sixteen foot (16') wide maintenance easement (the "Construction and Maintenance Easements ") described on KXJ3 it B attached hereto and made a part hereof for all purposes, The Construction Basement, which is for the purpose of constructing the water line or lines and appurtenant facilities to be located in the Easement Strip, shall be in effect for a term of ninety (90) days from the date Grantee commences or causes to be commenced the excavation, construction., and installation of the water line or lines and related water facilities and appurtenances, at which time the Construction Easement shall cease; terminate, and be deemed abandoned by the Grantee as though never granted. The Maintenance Easement, which is for the purposes of maintaining, repairing, relocating, excavating, reconstructing, changing the size cif, removing, and replacing the water line or lines located in the Easement Strip, shall be perpetual until abandoned by the Grantee The Grantee shall have all the, rights, privileges, and benefits necessary or appropriate for the full enjoyment and use of the rights herein granted, including, without limitation, the free right of ingress and egress to and from the ;Easement Strip and the Construction: and Maintenance Easements, over and across the Graatbr's lands lying adjacent to the Easement Strip and the Construction and Maintenance Easements. The Grantee -may do and perform, all acts necessary to lay, excavate; construct, maintain, operate, repair, reconstruct, relocate; change the size of, replace; and remove the water line or lines and fire hydrants upon, over, under, through, and across the Easement Strip and the Construction. and Maintenance Easements, as appropriate, and operate thereon all necessary machinery and equipment to efficiently prosecute the cork_ Without limitation_ of the foregoing, the Grantee shall further have the right (but not the obligation) from time to time to cut and remove all trees and undergrotivth, and abate other obstructions upon. the Easement Stidp anal the Construction and Maintenance Easements that may injure, endanger, or interfere with the efficiency, construction, operation, maintenance, safety, and repair of the easements and rights -of-way granted hereunder. ITI In addition to the foregoing, this grant of easements and rights- of-way and the rights herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions, provided, _ however, the carne shall be applicable- to the Construction and Maintenance Easements only during the term thereof: 1. The easements and rights-of-way herein ,ranted are exclusive unto the Grantee, and the Grantor shall not grant any other easement or right-of-way, on; under, through, or across the Easement Strip or the Construction and Maintenance Easements. -2- 1051/0075 ?. The Grantor reserves the right to use the Easement Strip and the Construction and Maintenance Easements for any other rights not inconsistent with the Grantee's exercise of the rights herein. granted. No portion of the Easement Strip and the Construction .axed Maintenance. Easements shall be excavated, and no building, structure, road, street, alley, or ether obstruction shall be located and constructed upon the herein granted easements and right -of -way without the prior written permission of the Grantee, Grantee assumes the responsibility for properly backt fling, removing ruts, and smoothing ground after completion-of repairs to or maintenance of the water line or lines or fire hydrants. Grantee is under no obligation to restore or pay the costs of restoring any roads, streets, alleys, fences, buildings, structures, or any other obstruct=ion that Grantor has placed upon the easement and rights-of-way herein granted when such roads, streets, alleys, fences, buildings, structures, or other obstruction must-be moved, damaged; or partially destroyed in order to repair or maintain the water line or hydrants, 3. Except as provided herein, the easements and rights -cif way herein granted across the Easement Strip shall be perpetual until the use of said easements and rights-of-way shall be abandoned by the Graxitee. This grant of easements and rights- of-way and the rights herein granted: are further made ;subject to all validly existing easements; rights -of way, conditions, restrictions, covenants, outstanding mineral or royalty interests or reservations, and mineral Leases, of record, if any,: in Guadalupe County, Texas., This Agreement and an Interlocal Agreement between the undersigned parties contain all of the agreements between or among the undersigned parties with respect- to the matters described herein and no representations or statements, verbal or written, have been made modifying, add tag to, or changing the terms of this Agreement. ICJ_ TO HAVE AND TO HOLD said easement and right-of-way across the Easement Strip for the purposes herein set forth unto Grantee, its successors and assig s, forever; and the Grantor does herby bind itself, its successors and assigns, to warrant and forever defend said easement and right- of-way unto Grantee, its successors and assigns, against every person_ whomsoever lawfully claiming or to claim the same or any pare thereof -key, through, or under Grantor but not otherwise, EXECUTED in multiple original counterparts, each of which shall be deemed an original, but all of which shall constitute but € ne and the same instrument, on the dates, of the respective acknowledgements hereinbelow, to be effective, however, on the MUM _: -3.. 0 51/07 14th day of :,July r 1993, which date shall. be deemed the data hereof for all purposes. SCHERTZ-C1BOLO-UNrVERS,A,L CITY INDEPE NDENT SCHOOL DI ST ICT 'WL I Its: Suoerintendent TFIE STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the 14th day of jully 19,93 by -Byron. P. Steele, Jr. the Superintendent of the Schertz-Gibolo-Universal, City Independent School District, on behalf of said District, (SEAL) , MOM Notary Public in and for the State of Texas MaUreen Conner (Printed Name of Notary) Aly commission expires.jZ-2j/-97 MAMER ONMR, Nl� h� 1.3 W MWInm Moth 27, MOM Notary Public in and for the State of Texas MaUreen Conner (Printed Name of Notary) Aly commission expires.jZ-2j/-97 H. A. KUEHLEM SURVEY COMPANY 1051,10077 Boundary a Subdivisions & OR Wells A Construction I FIELD NOTES Field notes of a 16,00 foot wide Water Easement situlted in the City of Scliertz, Guadalupe County, Texas out of the G. Malpaz Survey No. 67, and being part of that 20 Acre tract and that 29,379 acre tract, both conveyed to Schertz-Gibolo Independent School District by d eeds;rtcorded in Volume 346, Page 454 and 45,6 of tbp Deed Reords of Gua4alvpe Countyj Te-nas And being more particularly described by metes and bounds as follows: Beeinnine at a point in the northwest line of Elbal Road at the Past corner of this eas,?ment, said point being N 59 deg. 49' 57'* 1. 1368.6 feet from the intersectiion of the northwest line of Elbel.Road with the northpnst !in- of Scbert% Parkway at the south corner of said 20 al-,re tract. Thence $ 59 deg. W 57" M. 14,00 feet along the northwest line of Elbel Rood to a point at a south corner of this easement, Thence alonr the southwest Awl southeaet line of this easement, as follows: 14 29 deg. 08' 53" W. 268,3' feet to a point of curve. Northwesterly along the art of a cttrvp to the right whose radius is 1358,72 feet and hAvin8 a central angle of 09 48,a 52' 54", a distance of 234.13 feet ( chord tears N 24 deg. 12' 26" W. 234.04 feet) to -1 angle point. 11 57 deg, 16' 22" W- 119.58 feet to an angle point. S 59 deg, 47' 46" Wi 179.39 feet to an angle point. $ $9 deg. 4W 46" W. 60.11 feet to the uouthwest corner of this easement. Thmee X 00 deg. 11' 140 W. 16,413 feet to the northwest ooruer of this easem*nt. Tbvvte along the northwest and ro.rtheast line of this ea'sementi as follows: N 09 dee. 40' 46" B. 55.84 feet to an angle Point. N 59 deg. 47' 46" E. 184.91 fe-et to An Angle point. 5 57 deg, 16' 22- 1. 134.910 feet to a point of a non-taneent curve, Southeasterly alomp, the arc of sai4 curve to the left whose radius is 1342.112 feet and hAvine a central angle of 10 deg. 06' 58", a distance of 237.137 feet ( chord be-are S 24 deg. (35' 24" E. 234.76 feet) to the end of said curve. S I 29 der,. 08' 5.3" P. 269 06 feet to the place of Beginning and covering 0.320 of an Rare of loud aceordint, to a survey made on the ground- Job Vor. IT "5-R3 R Surveyed July 7 T"" 7,32n Im LAND SURVEYOR �d os e E 1: 7-L to oN H.A. 0 Hi: M SURVEY COMPANY �r .00 4W \_ SAN ANTONIO, S 5g'47'I.8" PHONE: 012) M10 -4001 75217 t�y 113. { � P it3L I ttm s�a�cs �- R 1342.7E t�+ T- T ii7.t6 ?:r M.54 C,N % c`3 V0 1 Z'l NOTE. LROX ?INS SET aN CENTER %iNy PLkT OF A 0.320 OF AI7 ACRE x WATER LINE EASED T, BEMG- OVER AND .ACROSS A POR71ON OF THGSE PROPER=S It � �? CONVEYED T4 SCH.ERTZ- CE30LO iNDEPENDMiT � 1� SCHOOL DIS'T'RICT, OUT OF THE a; MALPA% tn GU,ADAii LIFE COUNTY, TEXA& � l s� r E 1: 7-L � CU�iY� ABTA H.A. 0 Hi: M SURVEY COMPANY yAw ? y' p T` SAN ANTONIO, . » 294m i — 227.07 PHONE: 012) M10 -4001 75217 t�y 113. { � P it3L I ttm s�a�cs �- R 1342.7E #o2 IM T- T ii7.t6 ?:r M.54 C,N % c`3 V0 1 Z'l NOTE. LROX ?INS SET aN CENTER %iNy PLkT OF A 0.320 OF AI7 ACRE t r WATER LINE EASED T, BEMG- OVER AND .ACROSS A POR71ON OF THGSE PROPER=S It � �? CONVEYED T4 SCH.ERTZ- CE30LO iNDEPENDMiT � 1� SCHOOL DIS'T'RICT, OUT OF THE a; MALPA% SURVEY 67, CITY OF SCHERTZ GU,ADAii LIFE COUNTY, TEXA& � l cr l r � t E 1: 7-L H.A. 0 Hi: M SURVEY COMPANY 10815 P dRT't SEPiEL SUIfiE 211$' ? y' p T` SAN ANTONIO, PHONE: 012) M10 -4001 75217 t�y 113. { � P it3L I ttm s�a�cs �- - #o2 IM FILED J-0 51/0Q7 93 JUL 26. PIN f 't7 CTY. "'2 COUVTE OF TEXAS 0FGUAr)ALUPE I hereby certify 14at dale ,2nd at ft this - 0 4tamPed harow bl mjt,aOMcJatpubUcR... "dwa.Td&y RECORDED I' . . ..... vics FILED on the Courrty, Texas. on OtGuadatup, �! Counis/ 011 Clor" FsCN M T.. EXHIBIT A 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. RELEASE AND ABANDONMENT OF EASEMENT THE STATE OF TEXAS § COUNTY OF GUADALUPE § WHEREAS, on July 14, 1993, Schertz - Cibolo - Universal City Independent School District granted to the City of Schertz, Texas, an Easement for the construction, use and maintenance of a public water line and fire hydrant facilities (Attachment "A "); and WHEREAS, the instrument memorializing the grant of Easement was recorded in Volume 1051, Page 73 in the Real Property Records of Guadalupe County; and WHEREAS, the public waterline and fire hydrant facilities in the easement has been abandoned. NOW THEREFORE GRANTEE, THE CITY OF SCHERTZ, TEXAS FOREVER RELEASES AND ABANDONS THE EASEMENT RECORDED IN VOLUME 1051, PAGE 73 IN THE REAL PROPERTY RECORDS OF GUADALUPE COUNTY, AND AS OF THE DATE OF THIS RELEASE AND ABANDONMENT THE PROPERTY, SO DESCRIBED, SHALL NO LONGER BE ENCUMBERED BY THE EASEMENT. The remainder of this page is intentionally left blank.