21-R-21 - Contract with M&C Fonseca Construction Co - relating to construction of FM 1103 Sewer ExtentionRESOLUTION NO. 21 -R -21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING A CONTRACT WITH M &C FONSECA
CONSTRUCTION CO., INC. RELATING TO THE CONSTRUCTION OF
THE F.M. 1103 SEWER EXTENSION PROJECT AND AUTHORIZING
THE BUDGET EXPENDITURES FOR THE PROJECT.
WHEREAS, at the time of original development, the Walgreens located at FM 1103 and
Corridor Oaks Road constructed a public sewer main along Corridor Oaks Road in order to meet the
development requirement of extending public mains to adjacent properties; and
WHEREAS, because the sewer main was never extended across the FM 1103 frontage of
Walgreens at FM 3009, upstream developers and landowners have experienced difficulty in connecting
to the main in an economically feasible manner; and,
WHEREAS, the adjacent property, Corridor Oaks has requested the cooperation of the City in
the extension of this sewer main to provide Corridor Oaks, and other nearby properties, the
opportunity to be served in the near future; and,
WHEREAS, the City's Unified Development Code provides that all owners or occupants of
buildings or agents for such owners, situated in any section of the city where sanitary sewer facilities now
exist, or where they may hereafter exist, and where the property line of the land on which any such building
is situated approaches or extends to within 500 feet of a residential structure or 1,500 feet of a commercial
business of such sewer facility, are required to construct or cause to be constructed suitable water closets
on their property, and connect the same with the city sewer; and,
WHEREAS, the City has negotiated an agreement with the owner of Corridor Oaks to accomplish
the requested extension and subsequent connection of said property to the sanitary sewer system; and,
WHEREAS, the City of Schertz (the "City ") has determined it to be in the best interest of
the City and nearby property owners to extend the existing sewer main in order to provide adjacent
property owners the opportunity to connect to the sanitary sewer system as required by the Unified
Development Code; and
WHEREAS, the City solicited competitive proposals from qualified vendors for
constructions services related to the F.M. 1103 Sewer Extension Project; and
WHEREAS, City staff has determined that M &C Fonseca Construction CO., Inc. is
qualified to provide such services for the City; and
WHEREAS, City Council authorizes the use of Water and Sewer Reserve Funds for the
F.M. 1103 Sewer Extension Project and the execution of all necessary contracts and agreement
necessary to accomplish same.
NOW THEREFORE 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
a contract in substantially the same form as Attachment A with M &C Fonseca Construction CO.,
Inc. for an amount of $74,235.00 with a contingency amount of $7,424.00 for an overall not to
exceed amount of $81,659.00.
Section 2. The City Council hereby authorizes the City Manager to execute the
negotiated agreement with Jeff Kahn, owner of Corridor Oaks, the terms and conditions of which
are set forth in Attachment B.
Section 3. 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 4. 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 5. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 6th day of April, 2021
ATTEST.
a ) -- 6,'I� 2W
r
renda Dennis, City Secretary
.LYr
CITY OF SCHERTZ, TEXAS
- Ar7
Rai 1 uti ez, Mayor
-2-
ATTACHMENT
COMPREHENSIVE PRE- LITIGATION SETTLEMENT AND RELEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF GUADALUPE
The parties to this Settlement and Release Agreement are as follows:
"OWNER" - refers to Jeffrey Kahn, as well as his, heirs, assigns, devisees, administrators
and executors;
"CITY" - refers to and includes the CITY OF SCHERTZ, TEXAS, a governmental entity
organized and existing under the laws of the State of Texas, including its past and present
successors in interest, agents, officials, mayors and councilmembers, representatives, employees,
city managers and assigns, and including CITY'S insurers and risk pool members, including the
Texas Municipal League Intergovernmental Risk Pool, and its officials, members, agents,
representatives, employees, and predecessors and successors in interest, as well as their heirs,
assigns, devisees, administrators and executors.;
OWNER and CITY shall be referred to jointly as the "PARTIES."
RECITALS
Whereas, OWNER is the owner of the Corridor Oaks neighborhood wherein multiple
residents live in manufactured homes in spaces that are leased from OWNER; and
Whereas, OWNER was the defendant in a condemnation action brought by the Texas
Department of Transportation, Cause No. 2017 CVBB0546, State of Texas vs. Jeffrey B. Kahn, et
al. ( "TxDOT Condemnation for expansion project of FM 1103 ") for which OWNER received
$343,019.93 in compensation for property taken and damages incurred for the widening of FM
1103; and
Whereas, Corridor Oaks has never previously been connected to a sanitary sewer system,
having been sufficiently serviced by an onsite septic system; and
Whereas, the TxDOT Condemnation for expansion project from FM 1103 effected a taking
of property from OWNER that resulted in an insufficient drainage field capacity for Corridor Oaks
to continue to be served by its on -site septic system; and
Whereas, CITY's Unified Development Code provides that all owners or occupants of
buildings or agents for such owners, situated in any section of the city where sanitary sewer
facilities now exist, or where they may hereafter exist, and where the property line of the land on
Comprehensive Settlement and Release Agreement Page 1
which any such building is situated approaches or extends to within 500 feet of a residential
structure or 1,500 feet of a commercial business of such sewer facility, are hereby required to
construct or cause to be constructed suitable water closets on their property, and connect the same
with the city sewer; and
Whereas, OWNER and CITY desire to settle any outstanding claims and disputes regarding
responsibility as between the PARTIES for the extension of the nearby sewer connection point
and any right of way required for the placement of the extended sewer main to and across
OWNER's property;
NOW, THEREFORE, the PARTIES agree as follows:
1.0 CITY SHALL
A. Extend an 8" SDR 26 PVC wastewater main ( "Wastewater Extension ") beginning
at the existing manhole located at coordinates N: 13777665.2833, E: 2210576.5038 near the
intersection of Corridor Oaks Road and FM 1103 beginning upon the written agreement between
both parties.
B. Install the Wastewater Main Extension across the Walgreens property within the
25' Water and Wastewater Easement, to the northeast comer of the Corridor Oaks property owned
by Jeffery Kahn, which is at approximate coordinates N: 13777405.4797 E: 2210731.0113.
C. Be responsible for all expenses for the completion of the Wastewater Main
Extension, anticipated to include this portion of wastewater main construction at a cost of
approximately $106,000; costs to finalize the design of the wastewater main in the amount of
$3,745; the cost for the Water and Wastewater Easement across the Walgreens property in the
amount of $91,359.60.
D. Forego charging OWNER any impact fees related to Owner's connection to the
Wastewater Main Extension and accepting the current flows from the manufactured homes
currently in Corridor Oaks neighborhood estimated at 16 Living Unit Equivalents (LUE)s.
2.0 OWNER SHALL
A. At OWNER'S expense, connect to the new Wastewater Main Extension placed by
the City across the Walgreen's property (approximate coordinates N: 13777405.4797 E:
2210731.0113) and extend the wastewater line from the northeast corner of Owner's property to
the southeast corner along the entire frontage of his property adjacent to FM 1103 in such a manner
that the wastewater main can be connected to by the adjacent upstream property owner.
B. Ensure that the Wastewater Main Extension on Owner's property is installed in
such a manner as to maximize the depth of the line while maintaining minimum slopes to insure
all adjacent properties can flow into the main extension by gravity flow.
C. Ensure that the Wastewater Main Extension on Owner's property is 8" SDR 26
Comprehensive Settlement and Release Agreement Page 2
PVC installed in conformance with the City of Schertz Technical Specifications and Standard
Construction Details.
D. Ensure that the contractor performing the Wastewater Main Extension installation
on Owner's property obtains a Development Permit and Clearing and Grading Permit through the
City of Schertz Engineering Department, the approval of which permits will not be unreasonably
denied or delayed by the City.
E. Ensure that all permits are properly closed out prior to requesting acceptance of the
wastewater main extension.
F. At OWNER's expense, convey a 16' wastewater easement to the CITY over the
16' wide strip of land specifically described by metes and bounds in Exhibit "A," with said
easement extending across the entire frontage of OWNER's property and encompassing all
portions of the public wastewater main extension, and with said easement being conveyed to the
City using the wastewater easement agreement form attached hereto as Exhibit `B."
G. At OWNER's expense, record the easement agreement with the County Clerks of
Guadalupe and Comal Counties and provide a copy of the recorded easement agreement to the
CITY prior to the acceptance of the wastewater main extension.
3.0 RELEASE AND DISCHARGE BY OWNER
A. In consideration of the terms and conditions set forth in Section 1.0 and in addition
to the terms and conditions and transfer of property set forth in Section 2.0, OWNER hereby
completely releases and forever discharges CITY from any and all past, present or future claims,
demands, obligations, actions, causes of action, rights, damages, costs, losses of services, expenses
and compensation of any nature whatsoever, whether based in tort, contract or other theory of
recovery, which the OWNER now has, or which may hereafter accrue or otherwise be acquired, on
account of, or may in any way grow out of the disputed sewer line extension project contemplated
herein, including without limitation, any and all known or unknown claims alleged by OWNER in
any prior correspondence to CITY.
B. This release and discharge shall apply to CITY's past, present and future officers,
directors, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners,
predecessors, successors in interest and assigns; as well as to its risk pool, TEXAS MUNICIPAL
LEAGUE INTERGOVERNMENTAL RISK POOL, their respective employees and all other
persons, firms or corporations with whom any of the former have been, are now, or may hereafter
be affiliated.
C. This release on the part of OWNER shall be a fully binding and complete settlement
by the OWNER, including heirs, assigns and successors.
D. OWNER acknowledges and agrees that the release and discharge set forth above is
a general release. OWNER expressly waives and assumes the risk of any and all claims for damages
which exist as of this date or could have been raised in this lawsuit, but of which the OWNER does
Comprehensive Settlement and Release Agreement Page 3
not now know or suspect to exist, for any reason whatsoever, and which, if known, would materially
affect OWNER's decision to enter into this Settlement and Release Agreement.
E. OWNER further agrees to accept the consideration specified herein as a complete
compromise of matters involving disputed issues of law, fact and damages. It is understood and
agreed by the PARTIES that this settlement is a compromise of a disputed claim, and the
consideration provided is not to be construed as an admission of liability on the part of the CITY
by whom liability and responsibility is expressly denied.
F. OWNER warrants and represents that they will fully and completely indemnify and
hold harmless the CITY as to all such debts, liens, rights, charges or claims, which are made by,
through or under OWNER.
4.0 ACKNOWLEDGMENT OF SETTLEMENT TERMS & CONDITIONS
A. In entering into this Settlement and Release Agreement, OWNER represents that
the terms of this Settlement and Release Agreement are fully understood and voluntarily accepted
by OWNER and acceptance of this Agreement is based solely on the representations made herein
and not upon any other terms or conditions not specifically recited herein.
B. OWNER represents he consulted with his attorney, if desired, before executing this
Settlement and Release Agreement.
5.0 WARRANTY OF CAPACITY TO EXECUTE AGREEMENT
OWNER represents, warrants and contracts that no other person, attorney, law firm or
entity has, or has had, any interest in the claims, demands or obligations referred to in this
Settlement and Release Agreement, except as otherwise set forth herein or that if any such interest
exists, it will be fully satisfied by OWNER. IT IS OWNER'S SPECIFIC INTENT THAT CITY
SHALL NOT BE SUBJECTED OR EXPOSED TO ANY FURTHER LIABILITY
WHATSOEVER, AND IS SPECIFICALLY INDEMNIFIED BY OWNER AGAINST ANY
CLAIMS FOR CONTRIBUTION, INDEMNITY, SUBROGATION, NEGLIGENCE, SOLE
NEGLIGENCE, CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, MALICE,
INTENTIONAL TORT, OR OTHERWISE, WHICH ARE MADE BY, THROUGH OR UNDER
OWNERS, TO ANY PERSON, FIRM, CORPORATION, OR OTHER LEGAL OR BUSINESS
ENTITY IN ANY WAY CONNECTED WITH OR ARISING FROM ANY ALLEGED
DAMAGES SUFFERED.
6.0 GOVERNING LAW
This Settlement and Release Agreement shall be construed and interpreted in accordance
with the laws of the State of Texas. Venue shall be proper in Guadalupe County, Texas.
Comprehensive Settlement and Release Agreement Page 4
7.0 ADDITIONAL DOCUMENTS
OWNER agrees to cooperate fully and execute any and all supplementary documents and
to take all additional action necessary or appropriate to give full force and effect to the basic terms
and intent of this Settlement and Release Agreement.
8.0 EFFECTIVENESS
This Settlement and Release Agreement shall become effective immediately upon the last
date of execution by OWNER or CITY.
CITE' OF SCHERTZ, TEXAS,
a Texas home -rule municipality
Dr. Mark Browne, City Manager
Date:
Date: — 107,-/
* * * ** ACKNOWLEDGEMENTS * * * **
STATE OF TEXAS §
COUNTY OF BEXAR §
This Settlement and Release Agreement was acknowledged before me by JEFFREY
KAHN on the day of 52021.
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Comprehensive Settic°i�t�4E a'ti
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THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on , 2021, by Dr.
Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on
behalf of said municipality.
(Affix Notary Seal Above) NOTARY PUBLIC, STATE OF TEXAS
Comprehensive Settlement and Release Agreement Page 6
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIDE 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.
WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF §
GRANT OF EASEMENT:
� ye 1 �,.,, 0 (NAME OF GRANTOR AND ADDRESS
INCLUDING COUNTY) ( "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 "A99 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
Teams 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 wastewater 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 the public purpose of the
construction, installation, replacement, repair, maintenance, relocation, removal,
and operation of a public utility wastewater line 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 wastewater transmission line 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 other use or improvement of Easement Property,
which approval must not be unreasonably withheld.
6. 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.
7. 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.
8. 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.
9. 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.
10. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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 �5s7 day of
MIMIN►JI'lC�]:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me one 9,
re , an individual residing in x County,
ca fl
,,Not4y Public Signature
(seal) X A. Siti��•
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Texas.
200119 by
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
THE STATE OF TEXAS
COUNTY OF GUADALUPE
Dr. Mark Browne, City Manager
This instrument was acknowledged before me on - 5 20 , 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
FORD ENGINEERING, INC
Bate: March 30, 2021
Project No: 2434.01
FIELD NOTES IDESCRIPTION
0.144 acre (6,265 Sq. Ft.)
Wastewater Easement
0.144 acre (6,265 Sq. Ft.) wastewater easement, situated in the Rafael Garza Survey No. 98,
Abstract No. 175, Corral County, Texas and Abstract No. 138, Guadalupe County, Texas,
being a portion of a 6.852 acre tract conveyed to Jeffery B. Icahn in Volume 1931, Page 879,
Official Records Guadalupe County, Texas, and a portion of LOT 1 of the KAHN'S
SUBDIVISION, as shown on the plat recorded in Volume 8, Page 97, Map and Plat Records
Corral County, Texas; being more particularly described as follows:
BEGINNING at a point on southeast boundary line of the Kahn 6.852 acre tract, being also
the northwest line of LOT 1 of RANCHO VISTA CAMPGROUND SUBDIVISION, as
shown on the plat recorded in Volume 5, Page 11 A, Map and Plat Records Guadalupe County,
Texas, for the Southeast corner of this easement, from which a 1/2 inch iron rod found at the
southeast corner of the Kahn 6.852 acre tract, being the northeast corner of LOT 1 of said
RANCHO VISTA CAMPGROUND SUBDIVISION, being also the southeast corner of Part
2 a 0.027 acre tract as described in a First Amended Notice of Lis Pendens, recorded in
Document No. 201806020802, Official Records of Comal County, Texas, bears North 59°
31' 13" East, passing at a distance of 9.00 feet, the southwest corner of said Part 2 a 0.027
acre tract, and continuing for a total distance of 19.44 feet;
THENCE South 59° 31' 1399 West along the southeast boundary line of the Kahn 6.852 acre
tract, being also the northwest line of LOT 1 of said RANCHO VISTA CAMPGROUND
SUBDIVISION, a distance of 16.00 feet, to a point for the southwest corner of this easement;
THENCE Forth 30° 259 0119 West, crossing through the Kahn 6.852 acre tract, a distance
of 116.50 feet to a point on the northwest boundary line of the Kahn 6.852 acre tract, being
also the southeast line of LOT 1 of said KAHN "S SUBDIVISION, on the Guadalupe and
Corral County line, for a corner of this easement;
THENCE forth 300 21' 53" West, crossing through LOT 1 of said KAHN'S
SUBDIVISION, a distance of 277.15 feet to a point on the northwest line of LOT 1 of said
KAHN "S SUBDIVISION, being also the southeast line of a Variable Width R.O.W.
Dedication as shown on the plat of HUBERTUS RETAIL.,, recorded in Document
No. 200706022444, Map and Plat Records Comal County, Texas, for the northwest corner of
this easement,
THENCE forth 66° 27' 1599 East along the northwest line of LOT 1 of said KAHN'S
SUBDIVISION, being also the southeast line of the Variable Width R.O.W. Dedication, for
10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940
1 -500- 332 -3109 w%1w.fordengineering.com TEFE No. F -1162 TBPLS No. 10016400
FORD ENGINEERING, INC
a distance of 16011 feet, to a point for the northeast corner of this easement, from which a 1/2
inch iron rod found at the southeast corner of said Variable Width R.O.W. Dedication, the
northeast corner of LOT 1 of said KAHN'S SUBDIVISION, the northeast corner of said Part
1 a 0.066 acre tract, bears North 66° 27' 15" East, passing at a distance of 9.07 feet, a 1/2 inch
iron rod found, with cap marked "RPLS 4020 ", the northwest corner of said Part 1 a 0.066
acre tract, and continuing for a total distance of 19.24 feet;
THENCE South 301121'53" East crossing through LOT 1 of said KAHN'S SUBDIVISION,
9.00 feet from and parallel to the west line of said Part 1 a 0.066 acre tract, a distance of
277°15 feet, to a point on the southeast line of LOT 1 of said KAHN "S SUBDIVISION, being
also the northwest boundary line of the Kahn 6.852 acre tract, for a corner of this easement,
from which a 1/2 inch iron rod found, with cap marked "CEC ", at the southeast corner of
LOT 1 of said KAHN'S SUBDIVISION, being the southeast corner of said Part 1 a 0.066
acre tract, being also the northeast corner of the Kahn 6.852 acre tract, being the northeast
corner of said Part 2 a 0.027 acre tract, bears North 66° 27' 44" East, passing at a distance of
9.07 feet, a 1/2 inch iron rod found, with cap marked "RPLS 4020 ", at the southwest corner
of said Part 1 a 0.066 acre tract, being the northwest corner of said Part 2 a 0.027 acre tract,
and continuing for a total distance of 19.44 feet;
THENCE South 30° 259 0199 East, crossing through the Kahn 6.852 acre tract, 9.00 feet from
and parallel to the west line of said Part 2 a 0.027 acre tract, a distance of 114.55 feet, to the
POINT OF BEGINNING. Containing 0.144 acres (6,265 Sq. Ft.) of land.
2434.01 Jeff Kahn Wastewater Esmt.docx
03 -30 -2021
BEARINGS ARE RASED ON THE STATE PLANE COORDI NATE SYSTEM FOR
THE TEXAS SOUTH CENTR,4.L ZONE, 4204, NAD 830
10927 WYE DRIVE
1 -800- 332 -3109
9ax.-Ij U;azi;�
Robert W. Johnston
Registered Professi nai L d Surveyor
License Number 55
SUITE 104 SAN ANTONIO, TX 78217 P. (210) 5904777
,A,ViW.fGrd0ll&eeN11g.Co1n TBPE No. F -1 I62
2
F. (210) 5904940
TBPLS No. 10018400
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1069. 1? rj
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oo Qc0
RAFAEL GARZA
SURVEY NO. se
ABSTRACT NO. 176 - COMAE COUNTY
ABSTRACT NO. I S0 - 0UADALUPE COUNTY
39 ` 20' M. GAS, TELE.
6W2 /9.145• E
\t FND 1/2" y
b IRON ROD
10.3 FND. 1/2"
IRON qOD
MKD. RPts aoao'
\
\
i\ \ \4 ,rte ♦ I�
1\ uo
90"
Sv ®O� 011 g'I
400 IlpP C OWN
to
PLAT SHOWING
0.144 ACRE 6,252 Sq. Ft.
WASTEWATER ESIVIT.
SITUATED IN THE RAFAEL GARZA SURVEY
NO. 98, A -175, COMAL CO; A -138
GUADALUPE CO., BEING A PORTION OF THE
REMAINDER OF A 6.852 ACRE TRACT CONVEYED
JEFFERY B. KAHN IN VOLUME 1931, PAGE 879
OFFICIAL RECORDS, GUADALUPE COUNTY, TEXAS
AND A PORTION OF LOT 1 OF THE KAHN'S SURD.
AS SHOWN ON A PLAT RECORDED IN VOLUME 8
PAGE 97 OF THE MAP do PLAT RECORDS OF
COMAL COUNTY, TEXAS
n �e W OF
ROBERT "W. "JOHNSTON
...............................
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THIS SURVEY WAS MADE ON THE GROUND, UNDER
MY SUPERVISION AND COMPLIES WITH THE CURRENT
TEXAS SOCIETY OF PROFESSIONAL SURVEYOR'S
STANDARDS AND SPECIFICATIONS FOR A CATAGORY
�2, CONDITION 2.
ROBERT W. JOHNSTON
REGISTERED PROFESSION LA D SURVEYOR
LICENSE NO. 5579
DATE: 03 -30 -2021
PROJECT NO. 2434.01
T�
11I TE
1" =60'
1�1
1,
0
FND. 1/2"
' 1 FND. 1/2"
IRON QOD
MKD. RPLS 4020"
59'31'13" f
19.14'
10.44'
P.O.&
RANCHO VISTA CAMPGROUND
LOT 1
VOLUME 5, PAGE 11A
MAP do RAT RECORDS
QUAD. COUNTY. TEXAS
BEARING ARE BASED ON
TEXAS STATE PLANE COORDINATES,
SOUTH CENTRAL ZONE NAD 83/93;
.J1 ..e— - -- -
- FORD ENGINEERING INC.
ENGINEERING SURVEYING PLANNING
10927 ME DRIVE, STE 106, SAN ANTONIO, TEXAS 78717 . P.(210) 5904777 • F,(21"90.4940)
dw .♦ TBPE No. F -1162 • W WW.FORDCflIGINEERING,CpM ' TUPLS No. IDDIS400
MEMBER
Texas
- Society of
Professional
Sur.eyc's
B
IS
L1
S 59'31 13 W
16.00
1-2
IN 66'27 15 E
16.11
RAFAEL GARZA
SURVEY NO. se
ABSTRACT NO. 176 - COMAE COUNTY
ABSTRACT NO. I S0 - 0UADALUPE COUNTY
39 ` 20' M. GAS, TELE.
6W2 /9.145• E
\t FND 1/2" y
b IRON ROD
10.3 FND. 1/2"
IRON qOD
MKD. RPts aoao'
\
\
i\ \ \4 ,rte ♦ I�
1\ uo
90"
Sv ®O� 011 g'I
400 IlpP C OWN
to
PLAT SHOWING
0.144 ACRE 6,252 Sq. Ft.
WASTEWATER ESIVIT.
SITUATED IN THE RAFAEL GARZA SURVEY
NO. 98, A -175, COMAL CO; A -138
GUADALUPE CO., BEING A PORTION OF THE
REMAINDER OF A 6.852 ACRE TRACT CONVEYED
JEFFERY B. KAHN IN VOLUME 1931, PAGE 879
OFFICIAL RECORDS, GUADALUPE COUNTY, TEXAS
AND A PORTION OF LOT 1 OF THE KAHN'S SURD.
AS SHOWN ON A PLAT RECORDED IN VOLUME 8
PAGE 97 OF THE MAP do PLAT RECORDS OF
COMAL COUNTY, TEXAS
n �e W OF
ROBERT "W. "JOHNSTON
...............................
A
FES
su "v
\
r
�j • r �pE
r d �
9 6 .,I Sj9
:nos 0? -
60
THIS SURVEY WAS MADE ON THE GROUND, UNDER
MY SUPERVISION AND COMPLIES WITH THE CURRENT
TEXAS SOCIETY OF PROFESSIONAL SURVEYOR'S
STANDARDS AND SPECIFICATIONS FOR A CATAGORY
�2, CONDITION 2.
ROBERT W. JOHNSTON
REGISTERED PROFESSION LA D SURVEYOR
LICENSE NO. 5579
DATE: 03 -30 -2021
PROJECT NO. 2434.01
T�
11I TE
1" =60'
1�1
1,
0
FND. 1/2"
' 1 FND. 1/2"
IRON QOD
MKD. RPLS 4020"
59'31'13" f
19.14'
10.44'
P.O.&
RANCHO VISTA CAMPGROUND
LOT 1
VOLUME 5, PAGE 11A
MAP do RAT RECORDS
QUAD. COUNTY. TEXAS
BEARING ARE BASED ON
TEXAS STATE PLANE COORDINATES,
SOUTH CENTRAL ZONE NAD 83/93;
.J1 ..e— - -- -
- FORD ENGINEERING INC.
ENGINEERING SURVEYING PLANNING
10927 ME DRIVE, STE 106, SAN ANTONIO, TEXAS 78717 . P.(210) 5904777 • F,(21"90.4940)
dw .♦ TBPE No. F -1162 • W WW.FORDCflIGINEERING,CpM ' TUPLS No. IDDIS400
MEMBER
Texas
- Society of
Professional
Sur.eyc's