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20-R-122 - Authorizing a right of way easement with Guadalupe Valley Electric Cooperative, Inc. on the City of Schertz S.W. quadrant water plant propertyRESOLUTION NO. 20 -R -122 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING A RIGHT OF WAY EASEMENT WITH GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. ON THE CITY OF SCHERTZ S.W. QUADRANT WATER PLANT PROPERTY, 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 easement with the Guadalupe Valley Electric Cooperative, Inc. (GVEC) (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs GVEC to install a ground transformer in connection with the construction of the E. Live Oak Pump Addition Project, on the S.W. Quadrant Water Plant property located on E. Live Oak Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to agree to the right of way 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 provide the right of way 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 27th day of October, 2020. ATTEST: 'Bfenda Dennis, City Secretary 101 CITE' OF SCHERTZ, TEXAS R-a+ph-Gtitierre2 or RIGHT OF WAY EASEMENT THE STATE OF TEXAS, COUNTY OF GUADALUPE That the Undersigned, CITY OF SCHERTZ (hereinafter referred to as Grantor) for a good and valuable consideration, the receipt of which hereby acknowledged, do hereby grant unto GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. (hereinafter referred to as GVEC), a cooperative corporation, whose post office address is P.O. Box 118, Gonzales, Texas 78629, and to its successors or assigns, an easement for the purpose of erection, construction, reconstruction, replacement, removal, maintenance and use of one or more electric distribution lines, fiber optic and other communications equipment, (collectively "Facilities ") for the transmission of electricity and communications upon and over the lands of the undersigned, and more particularly described as follows: Being a tract of 5.2200 acres of land, more or less out of the S.W. QUADRANT WATER PLANT BILK: 1 & 5 original survey, identified as parcel number 129982 , and being the same land described in a deed from NIA to CITY OF SCHERTZ , dated the 25 day of JUNE , 2001 , of record in Vol /Page or Document Number V. 1616 P.0383 of the Official Records of Real Property of GUADALUPE County, Texas. • SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS EASEMENT. GVEC shall have all rights necessary for the full use herein granted, including, but not limited to, the right of ingress and egress for pedestrians, equipment and vehicles over Grantor's adjacent lands to and from said right -of -way for the purpose of constructing said Facilities, including the installation of a variable number of guy wires, anchors, and appurtenances as needed, improving, reconstructing, upgrading, repairing, inspecting, patrolling, installing, said Facilities on Grantor's land described above, operating, maintaining, providing adequate clearances and removing said Facilities, over, under, and upon said land, and the right to remove, trim, cut down or chemically treat with herbicides, trees or shrubbery or parts thereof within 15 feet of said Facilities or any other obstructions which may endanger, interfere or impair the efficiency, safety or convenient operation of said Facilities and their appurtenances. Grantor shall not construct any structure or improvement, nor impound any water, nor place any temporary or permanent erection of any mast -type equipment or appurtenances nearer than 15 feet to Facilities in any manner as to conflict with the National Electric Safety Code or any applicable law, as either of the same now exists or may be amended in the future, and this restriction shall be a covenant running with the land. Such prohibited construction within the easement shall include but not be limited to new construction or major modification to a preexisting habitable structure, as well as, stock tanks, swimming pools, spas, water wells or oil wells including construction both above and below existing grade. It is further understood that, whenever necessary, words used in this instrument in the singular shall be construed to read in the plural and that words used in the masculine gender shall be construed to read in the feminine. This easement runs with the land, is assignable in whole or in part, and inures to the benefit of the parties and their respective successors and assigns. The undersigned warrant that they are the owners of the above described lands. Dated this day of Printed 20_ Printed Signature of Grantor or Authorized Signatory Signature of Grantor or Authorized Signatory THE STATE OF TEXAS, COUNTY OF This instrument was acknowledged before me on this the day of 20 by . 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