19-R-65 Water Easement Agreement R1, LLC, on Lot 3, Block 1, 3009 subdivisionRESOLUTION NO. 19 -R -65
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING AND AUTHORIZING A WATER
EASEMENT AGREEMENT WITH SCHERTZ R1, LLC, ON LOT 3,
BLOCK 1 OF THE SCHERTZ 3009 SUBDIVISION II, 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 Waterline Easement with Schertz R1, LLC (the "Grantor "), in
the form attached hereto as Exhibit A (the "Agreement "); and
WHEREAS, the City needs the Waterline Easement in connection with the construction,
operation, and maintenance of a water main including a fire hydrant, situated on Lot 3, Block 1,
Schertz 3009 Subdivision II located on FM 3009; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Waterline Easement 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 Waterline Easement 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 28th day of May, 2019.
CITY OF RTZ, TEXAS
' 4ic el R. Carpenter, Mayor
ATTEST:
.�j
Bi enda Dennis, City Secretary
EXHIBIT A
WATER EASEMENT AGREEMENT
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 EASEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF GUADALUPE
GRANT OF EASEMENT:
SCHERTZ R1, LLC, 15010 Lakefair Drive, Richmond, Fort Bend County, Texas 77406
( "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 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.
3. Purpose of Easement. 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.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
5. 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.
6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the
surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the
initial installation and as may be reasonably necessary to maintain, repair, and
replace the Facilities within the Easement Property of the Facilities within the
Easement Property. However, Holder must promptly restore the area of the
Temporary Construction Easement to its previous physical condition if changed
by use of the rights granted by this Secondary Easement.
7. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the 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 any
fences or other 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.
8. 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.
9. 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.
10. 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.
11. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. 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 the
county or counties in which the Easement Property is located.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
, 20_.
!"D AlU'Tl1D.
, J Grantor's Name)
By: G v ra ij-s
(Grantor's Signature)
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on � 0 , 20 lib by
r , an individual residing in F+ County, Texas.
(( .��u.�A4C� _ � . P—. LC- j
Notary P blic gignature
(seal)
j4' P41,� GEORGA I. RUDOFF
My Notary ID # 7061396
Expires July 17, 2022
reVen- 0"01-9
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
LN
THE STATE OF TEXAS
COUNTY OF GUADALUPE
Dr. Mark Browne, City Manager
This instrument was acknowledged before me on , 2019, by
Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality,
on behalf of said municipality.
Notary Public Signature
(seal)
EXHIBIT "A"
EASEMENT TRACT
A METES AND BOUNDS
DESCRIPTION OF A
0.007 ACRE TRACT OF LAND
BEING a 0.007 acre (315 square feet, 15 feet by 21 feet) tract of land situated in the Genobrera Malpaz Survey No.
67, Abstract No. 221, City of Schertz, Guadalupe County, Texas; being a portion of Lot 3, Block 1 of Schertz 3009
Subdivision II, plat of which recorded in Volume 7, Page 638 of the Plat Records of Guadalupe County; and being
more particularly described as follows:
COMMENCING at a 112 -inch iron rod with a plastic cap stamped "KHA" found on the southwesterly right -of -way line
of Roy Richards Drive (F.M. 3009 -110 feet wide) marking the northern -most corner of said Lot 3, same being the
eastern -most southeast corner of Lot 5 of said Schertz 3009 Subdivision Ii; from which a 112 -inch iron rod with a
plastic cap stamped "KHA" found marking the western -most corner of said Lot 3 bears
South 59 °35'23" West, 240.00 feet;
THENCE, South 30 °24'16" East, 17.50 feet along the southwesterly right -of -way line of said Roy Rogers Drive to the
POINT OF BEGINNING of the herein described tract;
THENCE, South 30024'16" East, 15.00 feet, continuing along the southwesterly right -of -way line of said Roy Rogers
Drive to a point for corner;
THENCE, departing the southeasterly right -of -way line of said Roy Rogers Drive and crossing said Lot 3, the
following three (3) courses and distances:
1. South 59 03524" West, 21.00 feet to a point for corner;
2. North 30 "24'16" West, 15.00 feet to a point for corner;
3. North 59°3524" East, 21.00 feet to the POINT OF BEGINNING, and containing 0.007 acre of land in Guadalupe
County, Texas. The basis of bearing for this description is the Texas State Plane Coordinate System Grid, South
Central zone (FIPS 4204) (NAD'83). All distances are on the Grid and shown in U.S. Survey Feet. This
document was prepared in the office of Kimley -Horn and Associates, Inc. in San Antonio, Texas.
JOHN G. MOSIER
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
PH. 210- 541 -9166
greg.mosier@kimley-horn.com
�Q:••'•'' ISTE
15'X21' WATER EASEMENT
...:.......................:... , GENOBRERA MALPAZ SURVEY NO. 67,
JOHN G. MOSIER E ABSTRACT NO. 221
.... • "" "• CITY OF SCHERTZ
e9 FE SS��oQ GUADALUPE COUNTY, TEXAS _T
SUR`I Ki!pIdly))) �i lilo� �+�1IJ 601 NW loop 350 TeL No. (210) 541.9166
San An1on'o, Texas 76210 FIRM if 10193973 waw.kWeyhorntom
l�r��'•��• / Scale Of & bV I CheCked bY I Dte Pro'adNo" Sheet No.
WA APS J(31.1 4!182019 069711100 _ _1 OF2
ROY RICHARDS DRIVE
(F.M. 3009 - 110' R.O.W.)
V VEHICLE NON - ACCESS
EASEMENT
P.O.C. P.O.B. VOL.7, PG.638
1RFC (KHA) PRGCT
L/ L2
----- . - - - - -� --.—
15'X21' WATER EASEMENT
0.007 ACRE
315 SQ. FT.
LOT 2, BLOCK
SCHERTZ 3009 SUBDIVISION II
VOL.7, PG.638
PRGCT
0 _ 15 30
GRAPHIC SCAt.F in FEET
0
0
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N
D
rn
1
P co
Um to
0�
m m �7
(7
F- R CD
0-
ON
J 1=
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to
IRFC
(KHA)
VOL.7, PG.638 PRGCT
-- ---- - - - - --
IV ELEC., GAS., TELE. & CATV
L4 EASEMENT VOL.7, PG.638 PRGCT
L� -- - - - - -- - - - - --
5V BLDG. SETBACK
24' ACCESS EASEMENT V ®L. ?, PG. ---
I VOL.7, PG.638 PRGCT
I PRGCT
f--� ---- - - - - -- — — — — — — —
LOT 3, BLOCK 1
SCHERTZ 3009 SUBDIVISION II
VOL.7, PG.638
I 15' ELEC. , GAS., TELE. PRGCT
LEGEND:
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRFC = IRON ROD W /CAP FOUND
PRGCT = PLAT RECORDS OF GUADALUPE COUNTY
NOTES:
The bearings, distances, areas and coordinates
shown hereon are Texas State Coordinate System
GRID, South Central Zone (FIPS 4204) (NAD'83), as
determined by the Global Positioning System (GPS).
The unit of linear measurement Is U.S. Survey Feet.
JOHN G. MOSIER
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
PH. 210 -541 -9166
greg.mosier@kimley-horn.com
& CAW EASEMENT
I VOL.7, PG.638
I PRGCT
��CQ:•�isr�o�cS�
*..
.. .............:...
............
.. JOHN G. MOSIER
....................... ;...
6330 Pte, c
�90ESS�o�yo�
S U R V
11-16-106
LINE TABLE
NO.
I BEARING
LENGTH
L1
N30 °24'16 'W
17.50'
L2
830 °24'16 "E
15.00'
L3
S59 °35'24 "W
21.00'
L4
N30.24'36"W
15.00'
L5
N59' 35'24 "E
21.00'
15'X2'1' WATER EASEMENT
GENOBRERA MALPAZ SURVEY NO. 67,
ABSTRACT NO. 221
CITY OF SCHERTZ
GUADALUPE COUNTY, TEXAS
K �m1p))Horn
601 NW Loop 410, soil, 35 Tal. No 12 10) U1.9166
San Mlon:o. Texas 70216 FIRM • 10193973 ,saa-160ayhan ram
221
prghynby I Checked W PrdectNo. I Sheet Nr
1 " =30' APS JG61 11600 1 000711100 20F2