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21-R-100 - Trail Easement Agreement with Cibolo Valley Baptist Church seg Great Northern TrailWHEREAS, city staff has planned the Great Northern Trail to follow the high-line utility ,tasement from Schertz Parkway north to the Cypress Point neighborhood; and WHEREAS, city staff has identified easements needed across private property to create connections between existing trail sections and future trail sections; and VMEREAS, city staff has determined a trail easement is needed across property owned by Cibolo Valley Baptist Church to build a connecting section of trail to future FM 1103 pedestrian improvements. Section 1. The City Council hereby authorizes a trail easement agreement wi Cibolo Valley Baptist Church for a section of the Great Northern Trail (in attached Exhibit A.) i 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resolutions, or parts thereof, which are in conflict or inconsistent wilill any provision of this Resolution are hereby repealed to the extent of such conflict, and t provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 111 � 1 131111TIM I 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 whiM, this Resolution is adopted was open to the public and public notice ♦ the time, place, and subje I matter of the public business to be considered at such meeting, including this Resolution, w1i given, all as required by Chapter 5 5 1, Texas Govermnent Code, as amended. TES; w 4 Brenda Dennis, City Secretary a'. f Iiiiiiii Y f Ill 50234811.1 A -1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT CIBOLO VALLEY BAPTIST CHURCH, a (the "Grantor "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00), the benefits which will accrue to the Grantor and to the public generally, and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns , subject to the terms hereof, a permanent easement and right -of. -way upon, across, and beneath real property located in Guadalupe County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Easement "), and being a 0376 -acre portion of that tract of land of the Grantor more particularly described as being a portion of LOT 1, CIBOLO VALLEY BAPTIST CHURCH, as platted in Volume 7, Page 253, Map and Plat Records of Guadalupe County, Texas, being the same as a called 10.00 acre tract described in a deed to the Cibolo Valley Baptist Church, recorded in Volume 754, Page 805, of the Official :Public Records of Guadalupe County, Texas (the "Premises "). The Easement is granted for the purpose of constructing, operating, maintaining, and repairing a trail (the "Trail "), together with free and unrestricted public pedestrian ingress and egress in, upon, and over the Easement. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Easement herein granted shall be located across a 30 -foot width strip of land per the attached Exhibit A and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Easement by the Grantee, its successors or assigns, or (b) the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Easement. (2) Neither the Grantor nor any successor owner of the Premises shall disturb, or otherwise interfere with the continued use of the Trail, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Easement, or which would otherwise interfere with the Trail's continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, maintenance, or repair of the Trail. To the extent that construction of the Trail results in the removal of brush from the Easement, the Grantee shall arrange for the disposal of the brush at the Grantee's sole cost and expense. Grantor shall remain responsible for the maintenance of the unimproved portions of the Easement. Should Grantor fail to maintain the easement, Grantee shall have the right to do so if in the Grantee's sole judgement, the maintenance is required to safely use the Trail. (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (4) Should it become necessary at any time subsequent to completion to the construction of the Trail for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Trail in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. if any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons' respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (5) The Easement is further made subject to all validly existing easements, rights -of.- way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Guadalupe County, Texas as of the date hereof. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. (7) Grantor further grants Grantee, during the initial construction of the trail, the temporary right to use a temporary work area ( "Construction Easement ") across, along, under, over, upon, and through that certain tract of land located adjacent to the Easement, as more particularly described in Exhibit "B" attached hereto. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against every person M whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, but not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of _, 2021 (the "Effective Date "). [signatures and acknowledgements on the following pages] -3- This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. By: Name: Title: THE STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the 2021 by as on behalf of such (SEAL) day of , of Notary Public in and for The State of My Commission. Expires: M GRANTEE: CITY OF SCHERTZ Mark Browne City Manager, City of Schertz THE STATE OF TEXAS This instrument was acknowledged before me on the day of , 2021 by Mark Browne, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: -5- EXHIBIT A Trail Easement FEW i FIELD NOTES DESCRIPTION 30 FOOT WIDE TRAIL EASEMENT 0.376 Acre 'Tract An 0.376 of an acre tract of land, for a 30 foot wide trail easement, situated in the Rafael Garza Survey, Abstract No. 138, City of Schertz, Guadalupe County, Texas, being a portion of LOT 1, CIBOLO VALLEY BAPTIST CHURCH, as platted in Volume 7, Page 253, Map and Plat Records of Guadalupe County, Texas, being the same as a called 10.00 acre tract described in a deed to the Cibolo Valley Baptist Church, recorded in Volume 754, Page 805, Deed Records of Guadalupe County, Texas; said 0.376 acre tract being more particularly described as follows: BEGINNING at a point in the northeast line of LOT 1, of said CIBOLO VALLEY BAPTIST CHURH, being also the southwest right -of -way line of Farm -to- Market Road No. 1103 (80' ROW), at the north corner of a Comal County Power 100 foot wide electric easement, recorded in Volume 1452, Page 298, Deed Records of Guadalupe County, Texas, for the north corner hereof, from which a 1/2 inch iron rod set, with a plastic cap marked "FORD ENG INC ", at the north corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30° 34' 55" West (record North 30° 38' 24" West) a distance of 482.65 feet; THENCE South 300 3' 55" East (record South 30° 38' 24" East) along the northeast line of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right - of- -way line of Farm -to- Market Road No. 1103, a distance of 30.18 feet to point for the east corner hereof, from which a 1/2 inch iron rod set at the east corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30° 34' 55" West (record North 30° 38' 24" West) a distance of 288.29 feet; THENCE leaving the northeast boundary line and crossing through LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, South 530 05' 01" West, a distance of 546.12 feet to a point in the southwest line of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the northeast line of the 100 foot wide electric easement as shown in RIATA, UNIT 38, as platted in Volume 7, Page 309, Map and Plat Records of Guadalupe County, Texas, for the south corner hereof, from which a 1/2 inch iron rod found at the south corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears South 30° 41' 42" East (record South 30° 45' 11" East), a distance of 2288.84 feet; inch iron rod found at the cast comer of LOT 57,of said RIATA, UNIT 3B, for the west comer hereof, from which a 1/2 inch iron rod found at the west comer of LOT I of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30' 41' 42" West (record North 30' 45' 11" West) a distance of 543.50 feet; THENCE leaving the southwest line and crossing through LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, along the northwest line of the 100 foot wide electric easement, North 53105' 0111 East, a distance of 546.17 feet to a point in the northeast line of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right-of-way line of Farm-to-Market Road No. 1103, at the north comer of the 100 foot wide electric easement, for the north comer hereof, fi-om, which a 1/2 inch iron rod found at the north corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30' 34' 55" West (record North 30' 38' 24" West) a distance of 482.65 feet to the POINT OF BEGINNING and containing 0.376 acres of land. i I # - 1 !11111!:111 0 16 fkrj FRI N, MOM IN 11 112VI y ME full V'v' Kim 010 y • MLIMI x ra 12; 10927 WYE DRIVE SUITE 104 SAN ANT0NI0,'rX 78217 P. (210) 590-4777 F. (210) 590-4940 1-800-332-3109 wNyw.fordengineering.com TBPE No. F-1162 J'BPLS No. 1001 00 2 \ NOTES: Q ALL SET PINS ARE 1/2" REBAR WITH A YELLOW PLASTIC CAP STAMPED "FORD ENG. INC." \ \ QO FOUND PINS ARE 1/2" REBAR \ \ UNLESS OTHERWISE NOTED. \ ORRPGCT = OFFICIAL RECORDS, OF REAL PROPERTY GUADALUPE COUNTY, TEXAS. DRGCT = DEED RECORDS, GUADALUPE COUNTY, \ \ \ �p0".�� -o TEXAS. \ MPRGCT = MAP PLAT RECORDS, GUADALUPE COUNTY, \ o O °�p��'0 TEXAS. \ <��� c'�,� oFF.L`n�p� BEARINGS ARE BASED ON THE TEXAS STATE PLANE 0 o J COORDINATE SYSTEM, NORTH AMERICAN DATUM OF Q0 cP < <� 1983/93, SOUTH CENTRAL ZONE. \ oy'� o z. 0- S IRS z- 010 0 1p \ \ \ \ 0�\ ��, SCALE. \ / -- 7 \ \ o\`sue 1" = 100' IRF CIBOLO VALLEY BAPTIST CHURCH �, \ 'P 6s (10.00 ACRES) oi y T� �' \ ° \ VOL. 754, PG. 805 L- \ �o s" F .0 \ / \ DRGCT U� y ��cc , \ 'o POB � S 30 °34'55" E o� \� LOT 1 (9.997 Acres Tract) a� CIBOLO VALLEY BAPTIST CHURCH VOL. 7, PG. 253 MPRGCT ����`/ �6��� / x �s �O �y Fe QG IRS RIATA, UNIT 3B VOL. 7, PG. 309 N 30 °41'42" W IRF MPRGCT 30.18' 5 "o. m Q. o �G� o G 'h O / L 0 T 1 RF B L C K 1 o'� S SIGMA SUBDIVISION �- VOL. 7, PG. 101 of rF 9 ° MPRGCT I O ... •:;•••••••••• ° °••••••......• JOHNSTON • RIATA, UNIT 4A \ •ROBERT W. ® VOL. 8, PG, 156 ............................. F57o�P 0 MPRGCT `SuRV� O � C, \ ROBERT W. JOHNSTON R.P.L.S. No. 5579 O DATE: JUNE 04, 2021 PROJECT No.: 1124.9410 DRAWN BY:EL PLAT SHOWING: 30' TRAIL EASEMENT, BEING OUT FORD ENGINEERING INC. OF LOT 1, CIBOLO VALLEY BAPTIST CHURCH PLAT, RECORDED IN VOLUME 7, PAGE 253, MAP ENGINEERING SURVEYING PLANNING AND PLAT RECORDS, GUADALUPE COUNTY, TEXAS 10927 WYE DRIVE, STE 104, SAN ANTONIO, TEXAS 78217 P,(210) 590 -4777 YA F.(210- 590 -4940) TBPE No. F -1162 )K WWW.FORDENGINEERING.COM )K TBPLS No. 10018400 EXHIBIT B Construction Easement FEW An 0.251 of an acre tract of land, for a 20 foot wide construction easement, situated in the Rafael Garza Survey, Abstract No. 138, City of Schertz, Guadalupe County, Texas, being a portion of LOT 1, CIBOLO VALLEY BAPTIST CHURCH, as platted in Volume 7, Page 253, Map and Plat Records of Guadalupe County, Texas, being the same as a the called 10.00 acre tract described in a deed to the Cibolo Valley Baptist Church, recorded in Volume 754, Page 805, Deed Records of Guadalupe County, Texas; said 0.251 acre tract being more particularly described as follows: BEGINNING at a point in the northeast line of LOT 1, of said CIBOLO VALLEY BAPTIST CHURN, being also the southwest right-of-way line of Farm -to- Market Road No. 1103 (80' ROW), for the east corner hereof, fiom which a 1/2 inch iron rod set, with a plastic cap marked "FORD ENG INC ", at the east corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30° 34' 55" West (record North 30° 38' 24" West) a distance of 462.53 feet; THENCE South 301341 55" East (record South 30° 38' 24" East) along the northeast line of LOT1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right - of -way line of Farm -to- Market Road No. 1103, a distance of 20.12 feet to a point at the north corner of a 100 foot wide Comal County Power Company, recorded in Volume 1452, Page 298, Deed Records of Guadalupe County, Texas, for the east corner hereof, from which a 1/2 inch iron rod found at the east corner of LOT of said CIBOLO VALLEY BAPTIST CHURCH, bears South 30'41'42" East (record South 30'45' 11" East) a distance of 318.47 feet; THENCE leaving the northeast boundary line and crossing through LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, South 531051 0011 West, a distance of 546.05 feet to a 1/2 inch iron rod found a in the southwest line of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the east corner of LOT 57, RIATA, UNIT 3B, as platted in Volume 7, Page 309, Map and Plat Records of Guadalupe County, Texas, for the south corner hereof, from which a 1/2 inch iron rod found at the south corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears South 30° 41' 42" East (record South 30° 45' 11" East), a distance of 259.02 feet; THENCE North 301411 4211 West, (record North 30 45' 11" West) along the southwest line of LOT I of said CIBOLO VALLEY BAPTIST CHURCH, being also the northeast line 10927 WYE DRIVE SUITE 104 SAN A-NT0N10jX 78217 T'. (210) 590 -4777 F. (210) 590 -4940 1 -800- :332 -3109 www,Fotxdengit eeringxoni TBPE: No. F -1162 TBPLS No. 10018400 1 FORD ENGINEERING INC NOTES: \ Q ALL SET PINS ARE 1/2" REBAR WITH A YELLOW \ PLASTIC CAP STAMPED "FORD ENG. INC." \ \ QO FOUND PINS ARE 1/2" REBAR \ UNLESS OTHERWISE NOTED. ORRPGCT = OFFICIAL RECORDS, OF REAL PROPERTY GUADALUPE COUNTY, TEXAS. \ pp DRGCT = DEED RECORDS, GUADALUPE COUNTY, TEXAS. \ 0 0 o�p"�'0 MPRGCT = MAP PLAT RECORDS, GUADALUPE COUNTY, \ F` 0�0v0v��� \ TEXAS. \ O <o�2 O� Op`r/? o BEARINGS ARE BASED ON THE TEXAS STATE PLANE \ Oti spy �p� < <O COORDINATE SYSTEM, NORTH AMERICAN DATUM OF z- v O� s� o IRS 1983/93, SOUTH CENTRAL ZONE. o Ej Lpp �19-Q v O O �oo� z- 00 SCALE: op 1 " = 100' O �O.\ Gf IRF oo�� o J76' CIBOLO VALLEY BAPTIST CHURCH\ (10.00 ACRES) \ VOL. 754, PG. 805 \ DRGCT co � asy \\ 9J / POB n O G'�� J \\ \ S 30 °34'55" E 20.12' IL C a L 0 T 1 / r- (9.997 Acres Tract) CIBOLO VALLEY BAPTIST CHURCH VOL. 7, PG. 253 hk6 MPRGCT �` N � �- 'k o� Q. 5 0 oagpc�s / 5F0 \ IRS RIATA, UNIT 3B N 3041'42" W VOL. 7, PG. 309 20.12' MPRGCT IRF / "o. i / eo���' oo�P�,��°yo�l / 1�0yF,��QGG� �. L 0 T 1 \4R B L 0 C K 1