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25-R-146 Eminent Domain for Easements - Schwab and Ekhardt RoadsRESOLUTION 25-R-146 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN FOR THE ACQUISITION OF PERMANENT AND TEMPORARY WATER LINE EASEMENTS AND CERTAIN PROPERTY RIGHTS NECESSARY FOR THE ACCESS, CONSTRUCTION, ENLARGEMENT, AND MAINTENANCE OF A PIPELINE AND APPURTENANCES DESIGNED TO CARRY POTABLE WATER; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO INSTITUTE EMINENT DOMAIN PROCEEDINGS; AND AUTHORIZING THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS WHEREAS, the City Council has determined that there is a public necessity to construct a water supply main to complete the connection between Schwab Road and Eckhardt Road to provide a redundant water feed to that area of the City; and WHEREAS, to facilitate the construction and maintenance of the water main for the determined public purpose, permanent and temporary construction easements are necessary; and WHEREAS, the City is obligated by an agreement with Mustang Oaks, LLC, to acquire easements needed for the construction and maintenance of the supply main; and WHEREAS, the City desires that the City Manager or his designee negotiate the purchase of the easement properties, and if unsuccessful in purchasing the needed property interests, institute condemnation proceedings to acquire the easement properties; and WHEREAS, the City is authorized by Sections 251.001 and 552.011 of the Texas Local Government Code, as amended, to institute eminent domain proceedings to acquire an interest in certain real property for a public use; and WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under Chapter 21 of the Texas Property Code, a governmental entity exercising the power of eminent domain must first authorize the initiation of the condemnation proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and WHEREAS, the City is authorizing the use of its power of eminent domain to condemn the easement properties more particularly described in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Public necessity requires that the City acquire certain permanent and temporary water pipeline easements in connection therewith, over, across, upon, and under certain privately owned, by Schwab Credit Trust, real properties in Guadalupe County Texas known as Guadalupe Appraisal District Identification Numbers 64006 and 67959 more fully described in Exhibit A attached hereto and made a part hereof for all purposes, from said Landowner(s) or other persons who are determined to be the owner(s) of the easement properties, for the public purpose of constructing, operating, maintaining, repairing, relocating, replacing, enlarging, and removing a water pipeline system to be constructed as described herein. Public necessity also requires that the City acquire the rights of ingress and egress over and across such lands either through purchase or by the process of eminent domain and that the City take all other lawful action necessary and incidental to such purchases or eminent domain proceedings. Section 2. The City Council hereby authorizes the City Manager or his designee, to negotiate with the landowner(s) to acquire the property rights for the City in the easement properties described above and in Exhibit A herein. However, if the City Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the City Manager or his designee, on behalf of the City, is authorized to condemn the above -referenced easement property interests and to sign and execute all necessary documents to institute eminent domain proceedings for the acquisition of the easement properties. Section 3. The City Council authorizes and instructs the City Attorney, on behalf of the City, to initiate condemnation proceedings at such time as directed by the City Manager or his designee and take such other actions as are necessary to acquire the property interest in the easement properties described above and in Exhibit A herein, by the exercise of the power of eminent domain. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution of the City Council authorizing the condemnation of the corrected or revised easement property. Section 5. 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 6. 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 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. 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 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED on the I day of `J� , 2025. ATTEST: Sheree Courney, Deputy City Secre Exhibit A Easement Descriptions NOTES; 25-R-146 Exhibit A page 1 of 8 N 1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. Z THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND srre RESTRICTIONS. W E 3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR THIS EXHIBIT MAP 4, ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER LOCATION NOT-TO-SCALE CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT S RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS. 30 0 30 5. SIGNATURE APPLIES TO ALL SHEETS, SEE SHEET 2 FOR _ SIGNATURE AND LINE TABLE. SCALE :1" = 30' SELECT LINEAR UNIT OF MEASURE SCHWAB ROAD (86' R. 0. W) E.G. T. C.A. ESMT (VOL. 10, PG 35-37, M.P.R.) r P. 0. B. FIR, EYI SURVEYING" CARROL M. GAHAGAN JR. LOT 900� SURVEY NO. 256 ABSTRACT 142 Lk 0 0.6163 OF AN ACRE N - 20' WATER EASEMENT s�9, a91 I sR G• (26,848 SQ. FT.) LOT 901, BLOCK 29 FrR "KFW Cw. VZ HOMESTEAD SUBDIVISION U7 SURVEYING" N.. (DOC. NO. 202399006451 O.P.R.) ° VARIABLE WIDTH 22.70 ACRE TRACT Z �� R,O.W. DEDICATION SCHWAB CREDIT TRUST 0 N (VOL. 10, PG 35-37, M.P.R.) FIR "KFW c w (DOC. NO. 2016027396 O. P.R.) a?: SURVEYING"' � V P. S. MIGUEL SURVEY NO. 256 N �q6 Al ABSTRACT 227 o `a o y91 _SYMBOL LEGEND NN <6� zO FIR FOUND 112" IRON ROD OR AS NOTED N 1 o a POINT P.O.B. POINT OF BEGINNING FrR tcFw �6i l O.S.L. ORIGINAL SURVEY LINE SURVEYING" a R.O.W. RIGHT-OF-WAY 9' 1 E.G.T.CA. ELECTRIC, GAS, TELEPHONE, 6 CABLE TELEVISION EASEMENT 5 22.14 ACRE TRACT 3° O.P.R. OFFICIAL PUBLIC RECORDS OF SCHWAB CREDIT TRUST m GUADALUPE COUNTY, TEXAS (DOC. NO. 2016027396 O.P.R.) M.P.R. MAP AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS u zo' WATER EASEMENT PRotfLTYDIIisEIF EXHIBIT EXHIBIT ril ii""' nu=Ihcniwil � un°�iLiS01Ei E i�no�{o °° Colliers Engineering FOR 1 M91NEIMnrx1UVAKE uE wrE oa@!wrr r"EcxEo �: "tp'�Fa AS SH°WN 10/16202 & Design `"cu a"�':a. r�Icucwuvrntr+IrMaFe LFne+pwM. wlwm!Eax.Sae RV o F611 STA1i39[Cg1C 111AFCT�EiDNF NUMtlitlS 23001191A Z3A3BACKFRp1ANN SU[ID MUSTANG OAKS, LLC '`A1°1f°°" wivw.caliliracenglne9rlaa.coryl 720- . SAN ANiON10IkFY:I.. ae1P,aEn9; WATER EASEMENT ia;mtlrlyty Kmmn as r�w SCHERTZ w AM Ny t t4ua1 m - �haA1: 11Q9HbHa (xr exut!rlj.,, yEt",r,lplra.hn.a ;vury r!:nr N� n Er;:.li o:,nrn ro . GUADALUPECOUNTY F' � XEF NVMBEA r w,.1 ..":>vS1r",•»larr4ah P i!hrH! INmsd W.vN i, IYI •.,i,1' 9•'r CArr.'a1ry .R U65IgD - ;q �nart!'�EE!N��14tirR Y c Y�l:ndu ni+-.•;n t TEXAS j"^•;1N1•»a 1 of 2 V NO TES: 1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR THIS EXHIBIT. 4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS. 5. SIGNATURE APPLIES TO ALL SHEETS. SYMBOL LEGEND ® FIR FOUND 112"IRON ROD OR AS NOTED O.P.R. OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS POINT Line Table LINE# DIRECTION LENGTH L1 s25•2436'E 20.01' 12 S69'2892'W 48.81' L3 N30'3128MN 20,00' L4 N59°2632'E 73.35' vi F1R "KFW SURVEYING' z �r u o �s z a q+i.61LJ µ v 25-R-146 Exhibit A page 2 of 8 S 30 0 30 I SCALE: ill:: 30' SELECT LINEAR UNIT OF MEASURE FIR KFW SURVEYING' — 95.34 ACRE TRACT RBV2 LIMITED PARTNERSHIP (VOL. 1654, PG 902, O.P.R.) Colliers Engineering & Design www.colKersenglneering.com Formerly Known as 1 n 6o1 �3Ppo%14-f ! " P5f, 0:J6� IR Q f t b0� 9B LOCATION MAP NOT -TO -SCALE CARROL M. GAHAGAN JR' SURVEY NO, 258 ABSTRACT 142 56�a r*�' 22.14 ACRE TRACT SCHWAB CREDIT TRUST (DOC. NO. 2016027396 O.P.R.) DEL.... ., D SURVEYOR NO. 5672 EMAIL:TERESA.SEI DEL@COLLIERSENG.COM DATE OF SURVEY: 10/16/2024 PROJECT NO.: 23001191A 207WATER EASEMENT1116,vgo7EC7 YOUEL] EXHIBIT �iA1fAlEs Ptaw9E nonnur o ExHlelr llAidllFORa{nlRe11¢f/ (GIF: PATE: pMYlN BY: (n((1@p.Y, I.M11AII, .VMYgRlnlunl[AtF AS SHCiWN10116/Zo CAA qV faY`A..1„y UAIFA1Q41AiD11lEMlIAla1R rAq'(R1A"A. pPAYA"G IA1"e MUSTANG OAKS, LLC FOR STA YISRCIlSYN'W.GECTP eit COAINUMeERS 73001191A 43d78ACKER1.tAMi(SUED LAN ANTCNJIO IKFlYI 3„"'k y p1 WATER EASEMENT 1�1 SCHERTZ � ,J San Antonio, TX78231 GUADALUPE COUNTY E Ieedng Kna,e: 2tps73 eaa 11,40. RMe 8.Deslgn �"w ;�;;.,;��.R TEXAS <.�1r.r - — 2 of 2 25-R-146 Exhibit A page 3 of 8 3421 Paesanos Pkwy, Ste, 103 San Antonio Texas 78231 US Main: 877 627 3772 METES AND BOUNDS DESCRIPTION FOR 0.6163 OF AN ACRE 20-FOOT-WIDE WATER EASEMENT Engineering & Design Being a 20-Foot-Wide Water Easement, over and across the Carrol M. Gahagan Jr. Survey No. 258, Abstract 142, and the P.S. Miguel Survey No. 256, Abstract 227, Guadalupe County, Texas, a 22.14 acre tract and a 22.70 acre tract, as conveyed to Schwab Credit Trust of record in Document Number (Doc. No.) 2016027396 of the Official Public Records of Guadalupe County, Texas (O.P.R.) and being more particularly described by metes and bounds as follows: BEGINNING at a found %" iron rod stamped "KFW SURVEYING", for the northeast corner of the 22.70 acre tract, an interior corner of Lot 901, Block 29 of Homestead Subdivision Unit 7A of record in the O.P.R. and the easement described herein; THENCE: Along and with the common line of the 22.70 acre tract, Lot 901 and the 22.14 acre tract, the following two (2) courses: 1. S 21°27'28" E, a distance of 223.23 feet to a found Y2" iron rod with a blue cap stamped "KFW SURVEYING", for the south corner of Lot 901, the northwest corner of the 22.14 acre tract, an angle point of the 22,70 acre tract and an interior corner of the easement described herein, and 2. N 61"59'15" E, a distance of 445.47 feet to a found''/:" iron rod with a blue cap stamped "KFW SURVEYING" on the north line of the 22.14 acre tract, for the common corner of Lot 901, a 95.34 acre tract, as conveyed to RBV2 Limited Partnership of record in Volume 1654, Page 902 of the O.P.R. and an angle point of the easement described herein; THENCE: N 62°55'57" E, along and with the common line of the 95.34 acre tract and the 22.14 acre tract, a distance of 601.73 feet to a found iron rod on the west line of a remaining portion of a 44.332 acre tract, as conveyed to Mustang Oaks LLC of record in Doc. No. 202399000734 of the O.P.R., for the southeast corner of the 95.34 acre tract, the northeast corner of the 22.14 acre.tract and the northeast corner of the easement described herein, from which a found W iron rod with a blue plastic cap stamped "KFW SURVEYING", for a northwest corner of the 44.332 acre tract, bears, N 25"24'38" W, a distance of 258.81 feet; THENCE: S 25°24'38" E, along and with the common line of the 44.332 acre tract and the 22.14 acre tract, a distance of 20.01 feet to a point, for the southeast corner of the easement described herein; THENCE: Over, across and 20 feet from and parallel to the north line of the 22.14 acre tract and the 22.70 acre tract, the following four (4) courses: 1. S 62'55'S7" W, a distance of 600.98 feet to a point, for an angle point of the easement described herein, 2. S 61'59'15" W, a distance of 467.73 feet to a point, for the southern -most southwest corner of the easement described herein, 3. N 21°27'28" W, a distance of 222.22 feet to a point, for an interior corner of the easement described herein, and Accelerating success. i 25-R-146 Exhibit A page 4 of 8 Protect No. 23001191A October 16, 2024 Page 2 12 Engineering & Design 4. S 59"28'32" W, a distance of 49.91 feet to a point, for a west corner of the easement described herein; THENCE: N 30'31'28" W, a distance of 20.00 feet to a point on the southeast termination line of Schwab Road (86' wide right-of-way), the north line of the 22.70 acre tract and for the northwest corner of the easement described herein, from which a found %" iron rod stamped "KFW SURVEYING" for the southwest termination corner of Schwab Road, bears S 59"28'32" W, a distance of 69.79 feet; THENCE: N 59°28'32" E, along and with the common line of Schwab Road, the 22.70 acre tract, Lot 900 and Lot 901, Block 29 of Homestead Subdivision Unit 7A, at a distance of 20,00 feet passing a found W iron rod stamped "KFW SURVEYING", for the southeast termination corner of Schwab Road and the southwest corner of Lot 900, continuing for a total distance of 73.35 feet to the POINT OF BEGINNING, containing 0.6163 of an acre or 26,848 square feet, more or less in Guadalupe County, Texas and being described in accordance with a survey prepared by CED. Bearings are based on the Texas State Plane South Central Zone 4204, North Ameri Job No.: 23001191A Prepared by: CED Date: October 16, 2024 File: SADraw 2023\23-038 Ackermann Subdivision\DOCS \23001191A 20FT at __.....___.. NOTES 25-R-146 Exhibit A page 5 of 8 1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR THIS EXHIBIT. 4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS, 5. SIGNATURE APPLIES TO ALL SHEETS. SEE SHEET 2 FOR SIGNATURE AND LINE TABLE. SCHWAB ROAD (66' R.O.W.) 1g� ag, 2a �5g VA Aolti P. O. B. y--P. O. C. FIR'KFW SURVEYING" E. G. T C. A. ESMT (VOL. 10, PG 35-37, M.P.R.) FIR WIN •'SURVEYING" N W — E S 30 0 30 SCALE: 1":::: 30 SELECT LINEAR UNIT OF MEASURE CARROL M. GAHAGAN JR. SURVEY NO. 258 ABSTRACT 142 LOT 900' 133� 0.6333 OF AN ACRE 20' TEMP CONST ESMT FIR'KFW (27,588 SQ.FT.) 1 a SURVEYING" G5 N 0 P.S. MIGUEL SURVEY NO. 256 N� W ABSTRACT 227 22.70 ACRE TRACT SCHWAB CREDIT TRUST (DOC. NO. 2016027396 O.P.R.) ca I SYMBOL LEGEEND z 0 d W 0 z Y v ® FIR FOUND 112rl IRON ROD OR AS NOTED POINT P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING O.S.L. ORIGINAL SURVEY LINE R.O.W. RIGHT-OF-WAY E.G.T.CA. ELECTRIC, GAS, TELEPHONE, CABLE TELEVISION EASEMENT O.P.R. OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS M.P.R. MAP AND PLAT RECORDS OF GUADALUPE COUNTY., TEXAS Colliers Engineering & Design www.co I llersenglneeting.com Formerly Known as l,,v, p9Nla.or�w•ylr.pw�.,,,.�a11•.e,..,.a•il�rr.warmw-, �a4.r+u: rua:,,.Tt9lnarwm fa N.in W.•'•YSla•4.'ta la✓. N M'♦•>,n•,sq�alr,q:t�,+•99a'•.•la`a'eilra lr.9aPTYary,Yr,pH -41Y, LOCATION MAP NOT -TO -SCALE LOT 901 BLOCK 29 HOMESTEAD SUBDIVISION U7 O (DOC. NO. 202399006451 O.P.R.) N VARIABLE WIDTH R.0.W. DEDICATION U1 (VOL, 10, PG 35-37, M.P.R.) N N-1 POva 0 NW 110 CL IR:KFw �' 2 uR+�Ylroc•�g �k, a61 6 - �9g' A 22.14 ACRE TRACT 15t11I� SCHWAB CREDIT TRUST yg' (DOC, NO. 2016027396 O.P.R.) 1° zo' TEMPORARY s•porecrvouasELF CONSTRUCTION EASEMENT , � - *4 vAPsu nil vynwb, otuuvero I�.torsklwEcta EXHIB T EXHIBIT M!!Ne}OMHIE�Mp1RiY wtAlEilarr wEnEtsueaNl SGIE: WTE: DMTgI ■v [efCNaE! NalYlxfelprNA's n1T AS SHOWN t0/I51202 CAR RV FOR C.I rn a.p STATE REQLnRE� FILE MIAVEll �AEcl EluulEk PeASNta I"' FPpfTAII SP[tKK trellCr llsWRIAA1ele5 23tgII91A 2303E ACKERAIANN SUBO MUSTANG OAKS, LLC "`"""""'E"""'SO' PORARYPervay EASEMENT [O�NSTRUCTION SCHERTZ San Anonla, TX 78231 GUADALUPECOUNTY Engineering wwgl.IAuaa »eaa ssET nu earn TEXAS 6Deslgn W 1 of 2 2 m V F"- u�l O d 0 a z z NOTES: 25-R-146 Exhibit A page 6 of 8 1. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM INAD) OF 1983. 2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS. 3. A METES AND BOUNDS DESCRIPTION WAS PREPARED FOR THIS EXHIBIT. 4. ADJOINING PROPERTY OWNERS SHOWN HEREON ARE PER CURRENT GUADALUPE COUNTY APPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS. 5 SIGNATURE APPLIES TO ALL SHEETS. SYMBOLLEGEND 0 FIR FOUND 112" IRON ROD OR AS NOTED O.P.R. OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS • POINT Line Table LINE# I DIRECTION I LENGTH L1 N59.28'3211E 2000' L2 S30'31.287E 20.00, L3 N59'28W E 49.91' L4 S25'2436E 20.01' L5 859'28'32"W 46.46' LB N30'3128•W 4000' +A •- w E S 30 0 30 SCALE: ill = 30' SELECT LINEAR UNIT OF MEASURE 95.34 ACRE TRACT RBV2 LIMITED PARTNERSHIP (VOL. 1654, PG 902, O.P.R.) LOCATION MAP NOT -TO -SCALE FIR "KFW O (C1 SURVEYING" co FIR N-4 acp - wiow� O N N c-,2 b� . Qs 600 - PGf 5 A62°661, 0333 oGp QFl } 0. � P 5�a Oar 'z0 600• CARROL M. GAHAGAN JR. °y� 5 SURVEY NO 258 ABSTRACT 1 22.14 ACRE TRACT ` SCHWAB CREDIT TRUST (DOC. NO. 2016027396 O.P.R.) 7-- \ Colliers Engineering & Design wormcoll le rsengln a eduSzom Formerly Knownss 'w Cq/•IOk:iE4.yPt•nr•a 11.1.q it.,r•r7 f+da •t-- �I1:'+IY"+.lesr„1,^.'f4+a N1 /[af+l ry1,.•a• +A.nle„f.ir+Yn•..,rrq.-'rn,c..�a•owkl"A Ndr/SM 11,4a„F,Wtla.il.plf+.Iry,wf!T�/. "`Iry et NAH`,+K'YYI�[5H1•t r�tlhts. ,6„ 5672 r �� - S RE ERED PROFESSI SURVEYOR NO. 5672 EMAI L:TERESA,SEI DEL@COLLIERSENG.COM DATE OF SURVEY: 10/16/2024 20' TEMPORARY MamarouasEtc aas st"nss[ IJetNIGtldr EXHIBIT CONSTRUCTION EASEMENT e a rxsArA[[r�""`rs DesKrxAt4n NlTNRWnfRtfA4M�Gl0' EXHIBIT ( DnFueanarAs Hsw4nu ' uAu w[C wu:nw- nacho . i wrmvr[.ewunsurz AS 57{OwYt 1NILP�O7 cqR RV rOR ti aM 4 STATE REQ7RRMDfRCNAlA1llFll PAo:ER NVAI9FR CRAWMG WIME' FOR STATE MOK DIRECT PHONE NUMBERS 23001191A 2303BA[XERMANN SUBO MUSTANG OAKS, LLC VB[f_sw CCAUU6COM Ni ,,,_ SAN ANTONIO (KFwI 20-TEMPORARY 3421Pula— .,1 ly . CONSTRUCTION EASEMENT SCHERTZ 111 s'"A"o"'°.Tx291s' Engineering Phone 210.979 8444 Wt[trN491S GUADALUPE COUNTY g Design u� iau'is, TEXAS u 2 of 2 1 25-11-146 Exhibit A page 7 of 8 3421 Paesanos Pkwy, Ste, 103 San Antonio Texas 78231 US Main: 877 627 3772 Engineering & Design METES AND BOUNDS DESCRIPTION FOR 0.6333 OF.AN ACRE 20-FOOT-WIDE TEMPERARY CONSTRUCTION EASEMENT Being a 20-Foot-Wide Temporary Construction Easement, over and across the Carrol M. Gahagan Jr. Survey No. 258, Abstract 142, and the P.S. Miguel Survey No. 256, Abstract 227, Guadalupe County, Texas, a 22.14 acre tract and a 22.70 acre tract, as conveyed to Schwab Credit Trust of record in Document Number (Doc. No.) 2016027396 of the Official Public Records of Guadalupe County, Texas (O.P.R,) and being more particularly described by metes and bounds as follows: Commencing at a found %" iron rod stamped "KFW SURVEYING" on the north line of the 22.70 acre tract, for the southwest termination corner of Schwab Road (86' wide right-of-way). Thence: N 59°28'32" E, along and with the common line of Schwab Road and the 22.70 acre tract a distance of 49.79 feet to a point for the northwest corner and THE POINT OF BEGINNING of the easement described here. THENCE: N 59'28'32" E, continuing along and with the common line of Schwab Road and the 22.70 acre tract a distance of 20.00 feet to a point for the north corner of the easement described herein, from which a found''/:" Iron rod stamped "KFW SURVEYING", for an internal corner of Lot 901, Block 29 of Homestead Subdivision Unit 7A of record in Doc. No. 202399006451 and the northeast of the 22.70 acre tract, bears, N 59"28'32" E, a distance of 73.35 feet; THENCE: Over and across the 22.70 acre tract and the 22.14 acre tract, along and with the west, southwest, south and southeast lines of a 20 foot water easement this day described the following five (5) courses: 1. S 30°3128" E, a distance of 20.00 feet to a point, for an interior corner of the easement described herein, 2. N 59°28'32" E, a distance of 49.91 feet to a point, for an east corner of the easement described herein, 3. S 21'27'28" E, a distance of 222.22 feet to a point, for an interior corner of the easement described herein, 4. N 61°59'15" E, a distance of 467.73 feet to a point, for an angle point of the easement described herein, and 5. N 62"55'57" E, a distance of 600.98 feet to a point on the west line of a remaining portion of a 44.332 acre tract, as conveyed to Mustang Oaks LLC of record In Doc. No. 202399000734 of the O.P.R., the east line of the 22.14 acre tract and for the easterly northeast corner of the easement described herein, from which a found Y" iron rod with a blue plastic cap stamped "KFW SURVEYING", for a northwest corner of the remaining portion of a 44.332 acre tract, bears, N 25°24'38" W, a distance of 278.82 feet; THENCE: S 25°24'38" E, along and with the common line of the remaining portion of a 44.332 acre tract and the 22.14 acre tract, a distance of 20.01 feet, for the southeast corner of the easement described herein, THENCE: Over, across and 40 feet from and parallel to the north line of the 22.14 acre tract and the 22.70 acre tract, the following four (4) courses: Accelerating success. U25-R-146 Exhibit A page 8 of 8 Project No. 23001191A October 16, 2024 Page 2 12 Engineering & Design 1. S 62°55'57" W, a distance of 600.08 feet to a point, for an angle point of the easement described herein, 2. S 61°59'15" W, a distance of 490.16 feet to a point, for the southern -most southwest corner of the easement described herein, 3. N 21°27'28" W, a distance of 221.20 feet to a point, for an interior corner of the easement described herein, and 4. S 59°28'32" W, a distance of 46.46 feet to a point, for a west corner of the easement described herein; THENCE: N 30*31128" W, a distance of 40.00 feet to the POINT OF BEGINNING, containing 0.6333 of an acre or 27,588 square feet, more or less in Guadalupe County, Texas and being described in accordance with a survey prepared by CED. Bearings are based on the Texas State Plane South Central one 4204, North American Datof 1983 (NAD83). f 1 Job No.: 23001191A Prepared by: CED Date: October 16, 2024 File: 5:\Draw 2023\23-038 Ackermann Subdivision\DOCS N23001191A 20FT Temp Const ESMT.docx