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21-R-81 - Drainage Easement with SCUCISD for drainage improvements Elbel Storm drainRESOLUTION NO. 21 -R -81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A DRAINAGE EASEMENT WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON THE SAMUEL CLEMENS HIGH SCHOOL PROPERTY BY THE ELBEL STORM DRAIN AND OVERLAY PROJECT WHEREAS, the City staff of the City of Schertz (the "City ") has determined that some drainage improvements needed to be constructed on the Samuel Clemens High School campus as part of the Elbel Storm Drain and overlay project; and WHEREAS, the Schertz - Cibolo- Universal City Independent School District ( SCUCISD), the property owner of Samuel Clemens High School campus, agrees to allow the drainage improvements to be constructed on their property. 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 a drainage easement with SCUCISD for construction of drainage improvements on the Samuel Clemens High School campus in substantially the form attached hereto. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 12th day of October, 2021. CITY OF SCHERTZ, TEXAS Ral utie , Mayor ATTEST: Brenda Dennis, City Secretary F 50077397.1 EXHIBIT "A" Description of Easement Area r-I *14 111 RIB ENGINEERING. INC. Date: July 02, 2021 Project No: 1124.9403 DRAINAGE EASEMENT DESCRIPTION 0.017 ACRE (722 square feet) TRACT A 0.017 of an acre (722 square feet) tract of land, situated in the Genobera Malpaz Survey No. 67, Abstract 221, Guadalupe County, Texas, being a portion of a called 29.379 acre tract described in a deed to Schertz- Cibilo Independent School District, recorded in Volume 346, Page 456, Deed Records Guadalupe County, Texas, being at the at the Samuel E. Clements High School; Said 0.017 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a calculated point on the northwest right -of -way line of Elbel Road (80' R.O.W. width), for the east comer hereof, from which a 1/2 inch iron rod found at the intersection of the northeast boundary line of the Schertz- Cibilo ISD 29.379 acre tract and the northwest right -of -way line of Elbel Road, bears North 59° 37' 48" East (record North 60° East) a distance of 616.40 feet; THENCE South 590 37148" West, (record South 60° West), along the northwest right -of -way line of Elbel Road, a distance of 37.49 feet, to a calculated point for the south comer hereof; THENCE leaving the northwest right -of -way line of Elbel Road, crossing through the Schertz- Cibilo ISD 29.379 acre tract, the following three (3) courses and distances: 1. North 30° 22' 12" West, a distance of 19.25 feet, to a calculated point for the west corner hereof; 2. North 590 37' 48" East, a distance of 37.49 feet, to a calculated point for the north corner hereof; 3. South 30° 22' 12" East, a distance of 19.25 feet, to the POINT OF BEGINNING, containing 0.017 of an acre of land. BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83193. Robert X. hnston, RPLS Regist red P fessional Land Surveyor License er 5579 10927 WYE DRIVE SUITE 104, SAN ANTUNI0, TX 78217 P. (210) 9904777 F. (210) 590 -4940 1- 800 - 332 -3109 www1ordengineering.com TBPE No. F -1162 TBPLS No. 10018400 1 PLAT SHOWING DRAINAGE EASEMENT: OUT OF THE GENOBERA MALPAZ SURVEY No. 67 ABSTRACT No. 221 m CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. II= LEGEND O. 0 1/2- IRON ROD FOUND \ DRGCT DEED RECORDS OF GUADALUPE CDUNTY ( ) RECORD INFORMATION \ P.O.B. POINT OF BEGINNING i \ G E N 0 B E R A M A L P A Z S U R V E Y N o 6 7 A B S T R A C T N o 2 2 1 o� SG�gG�OO� / bi k9 spe o e Toms Soebty of N% 9 Pmtmdand �Y� MEMBER SHEET 2 OF 2 a � s "a is ens � F P.O.B. P� / / / / / STATE OF TEXAS: COUNTY OF GUADALUPE: / I, ROBERT W. JOHNSTON, DO HEREBY CERTIFY THAT / THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY / MADE ON THE GROUND AND UNDER MY SUPERVISION. / ON JUNE 30, 2021 ROBERT W. JOHNSTON Mks No. 5579 DATE: 07-02 -2021 PROJECTNO.: 1124 -9403 ,OF, DRAWN BY: RWJ ova.- 57eq FORD ENGINEER 14G INC. a ENGINEERING PUNNING ' DEVELOPMENT 90227 VVYE DRIVE, SUITE 104 SAN ANTONIO. TE)(AS 78217. (710) SWW77 r ' PLAT SHOWING DRAINAGE EASEMENT: OUT OF THE GENOBERA MALPAZ SURVEY No. 67 ' ABSTRACT No. 221 m CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. a ti ✓;Oh 7.i,P . uRi:C l IECOR05 .. P.O.B. I''f 9EgnWrtvr. G E N 0 B E R A M A L P A Z k V L Y v 0 \ A B S T R A C T N o. 2 2 1 e f %rte +•�, , '^� L- N6 T-- Sociely of Profeniond Sor.ey— YE1080 SHEET 2 OF 2 1, \�s STATE OF TEXAS 4 e' COUNTY OF GUADALUPE: I, ROBERT W. JOHNSTON, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND AND UNDER MY SUPERVISION. ON JUNE 30, 202% ROBERT W. JOHNSTON DATE: 07 -02 -2021 PROJECT NO.: 1124 -9403 DRAWN BY: RWJ FORD ENGINEERING INC. :r I ENGINEERING ' PLANNING DEVELOPMENT 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 5904777 RPLS No. 5578 EXHIBIT A DRAINAGE EASEMENT AGREEMENT 50077397.1 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 THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE MAINTENANCE AND EASEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF GUADALUPE § GRANT OF EASEMENT: SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, a body corporate and political subdivision in the Counties of Guadalupe and Bexar, State of Texas ( "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: 1. 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) "Utility" shall mean drainage 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 utility purposes, including placement, construction, and installation of utility facilities and related appurtenances, and for the authorization of Grantee to enforce maintenance obligations including the right of self -help. 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. Improvement and Maintenance of Easement Property. Maintenance of the Easement Property and the Facilities will be at the sole expense of Grantor. Holder has the right to enforce that maintenance obligation via self -help remedies if it so elects. 7. Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the right to improve the easement area. 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 day of 2021. (Grantor's Name) (Grantor's Signature) STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the by , an individual residing in . AGREED AND ACCEPTED: City of Schertz A Texas home -rule municipality Dr. Mark Browne City Manager, City of Schertz day of , 2021, County, Texas. Notary Public, State Of Texas STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of , 2021, by Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Yublic, atate of 1 exas Exhibit: "A" Description of Development Tract