21-R-56 - Authorizing a Right of Way Easement with Guadalupe Valley Electric Cooperative Inc for City of Schertz 27 Commercial Place PropertyRESOLUTION NO. 21 -R -56
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 27 COMMERCIAL PLACE
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
Building 27 Fleet Renovation Project, located on the property at 27 Commercial Place; 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions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 22nd day of June, 2021,
CITY OF SCHERTZ, TEXAS
zu-�
Ralpl " tie , Mayor
ATTEST:
�yI ( ('11 1
Lxlhgo
BrdcTa Dennis, City Secretary
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
0.6810 acres of land, more or less out of the LOT: 31 BLK: 1 SCHERTZ BUISESS PARK 0.6810 AC. original survey, identified as
parcel number 40833, and being the same land described in a deed from BIRY MICHAEL F & JENNIFER S to CITY OF SCHERTZ
, dated the 27 day of SEPTEMBER , 2013 , of record in Vol /Page or Document Number V. 4150 P. 0882 of the Official Records of
Real Property of GUADALUPE County, Texas.
• SEE EXHIBIT "A" ATTACHED HERETO AND MADE APART 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
Signature of Grantor or Authorized Signatory
THE STATE OF TEXAS,
COUNTY OF
,20
Printed
Signature of Grantor or Authorized Signatory
This instrument was acknowledged before me on this the day of 20 by
(Grantor or Authorized Signatory)
Notary Public in and for the State of Texas
1794002 Form #169 -- -02/18
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