12-R-23 Authorizing an Electric Line Easement with Guadalupe Valley Electric CooperativeRESOLUTION NO. 12-R-23
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN ELECTRIC LINE EASEMENT
WITH GUADALUPE VALLEY ELECTRIC COOPERATIVE AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, Guadalupe Valley Electric Cooperative ("GVEC") desires to obtain from
the City of Schertz, Texas (the "City") an easement for the right of ingress and egress for
pedestrians, equipment, and vehicles for the purpose of erection, construction, reconstruction,
replacement, removal, maintenance, and use of elechic distribution lines and related facilities.
WHEREAS, the City staff of the City has recommended that the City enter into an
Electric Line Easement with GVEC.
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Electric Line Easement set forth in Exhibit A.
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 the
Electric Line Easement with GVEC in substantially the form set forth on Exhibit A.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 conholling 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 6th day of March, 2012.
CITY OF S RT EXAS
Mayor
ATTEST: _
ecretary
(CITY SEAL)
EXHIBIT A
ELECTRIC LINE EASEMENT
Yo~3147 P00952 )~1•oizao~
ELECTRIC LINE EASEMENT
THE STATE OF TEXAS,
County of Guadalupe
Thal the Undersigned, Cilv of Scheriz (hereinafter referred to as Grantor) for a good and valuable
consideralton, the receipt of which hereby acknowledgetl, does hereby grant unto GUADALUPE VALLEY ELECTRIC
COOPERATIVE, INC. (hereinafter referred to as GVEC), a cooperative corporation, whose post office adtlress is P.O.
Box 118, Gonzales, Texas 78629, and to its successors or assigns, an easement for the purpose of erection,
conslmclion, reconstruction, replacement, removal, maintenance and use of one or more eleGdc dislribullon lines,
including fiber optic and other communications equipment, and facilities related to any of the foregoing (collectively
°FaGlities7 upon and over an approximately 0.051 acre portion of the lands of the undersigned, silualed in the County of
Guadalupe ,Stale of Texas, and more particularly described as follows: Being a tract of 2.1010
acres of land, more or less, out of the James W Grav ,original Survey, in Guadalupe
County, Texas, located about 0.8 miles in a Southwest direction from Inlerstale 35
and being silualed on the Southeast side of the road leading from
Inlerstale 35 to Scenic Links Dr. ,and being the same land described
In a deed from NorthGifte Volunteer Fire Department to Cilv of Scheriz
dated the 24th day of February 20 O6 of record in Vol.
2279 ,Page 954 of the Official Records of Real Property of Guadalupe County, Texas.
'See Exhihil °A°, Pages 1 of 2, 2 0(2 (10 fool wide Ulilily Easement) attached hereto and made a part hereof for the legal
description of the approximately 0.051 acre easement Iraq.
GVEC shall have all rights necessary for the full use herein granted, including, but not limited lo, the right of Ingress and
egress for pedestrians, equipment and vehiGes over Grantors' adjacent lands to and from said right-of-way !or the
purpose of censlrucling said Facilities, including the installation of guy wires and anchors as neetled, improving,
reconslmcling, repairing, inspecting, patrolling, installing, said Facilities on Grantors land desaihed above, operating,
maintaining, providing adequate clearances and removing said Faclilies, over, under, and upon said land, and the right to
remove, Trim, cut down or chemically areal with herbiGdes, frees or shrubbery or parts thereof within 15 feet of said
Facili9es or any other obslmclions which may endanger, interfere or impair the efficiency, safely or convenient operation
of said Facilities and (heir appurtenances. Grantor shall not construct any sfmclure 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 congicl with the National Eleclriwl Safely Code or any applicable law, as either of the
same now exists or may be amended in the future, and this resldction shall be a covenant running with the land. Such
prohibited conslmclion within the easement shall include but not be limited to new conslrclion or major modification to a
preexisting habitable siruclure, as well as, stock tanks, swimming pools, spas, water wells or oil wells Including
conslmclion both above and below existing grade.
If Is further understood Ihaf, whenever necessary, words used in Ihts instrument in the singular shall be conslruetl to read
in the plural and that words used in the masculine gender shall be construed to read in the feminine.
This easement mns with the land, is assignable in whole or in part, and inures to the benefit of the parties and their
respective assessors and assigns.
The undersilg~~~44-',,w,,larrant Ihaf ~th ley are owners of the above described lands.
Dated This t f day of V ~ ~ , 20-_ ~-
w/'~ ~/V v-~ Printed
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THE STATE 5~O'r~F~ ~TEX~,AS,,~ (~, ~~ f~[~;/~~[~/~
County of_~ 1 AAAAA1.y-IY1~,I
This instrument was arc~k1n^o'wl^edg/ed bef~oreQm/elon tnhis the I I ' day of V ~ ~Q/
201 by (~ V V 1 Y 1 (/. IMF '~J~" I ~T1~TTi~~~~~~~'"
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aaav,ANaaaaaaa7,aaaaaaa9aaa,D.7,y Notary Public in a d for ~-
R~ SARAH E.GONZALEZ
A ay' County, Texas
~ * ~ * Notary Public y Form #169-----12/09
~ ~ Stato of Toxas Y
~ ~3~ Comm. Exp. 10-31-2012 y
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~P~.cou%` VOL3 14 7
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9`FYING `
114 North Austin Street
Seguin, Texas 78155
Phone: (830)372-1001 Fax: (830)379-1155
P60953
Field notes describing a 10.00 foot wide G.V.E.C. Easement over a tract of land situated in the Rafael Garza
Survey No. 98, Abstract 138, Guadalupe County, Texas, called 2.1010 acres, conveyed to the City of Schertz,
by deed recorded in Volume 2279, Page 954, Official Records, Guadalupe County, Texas, and being more
particularly described as follows:
Beginning at a point in the north face of an existing building for the south corner of the herein described
easement. Said point bears N 66° 50' 20" W, 76.54 feet and N 59° 52' 43" E, 57.66 feet from a''/i' diameter
iron pin found in the northwest right-of-way line of Morning Drive for the south corner of the 2.1010 acre tract.
Thence, in a northerly direction crossing a portion of the 2.1010 acre tract as follows:
N 30° 07' 17" W, 7.47 feet to a point for an angle point.
N 43° 22' 53" E, 127.92 feet to a point for an angle point.
N 60° 34' 04" E, 93.93 feet to a point in the southwest right-of-way line of County Club Blvd. and the
northeast line of the 2.1010 acre tract for the north corner of the herein described easement.
Thence, S 30° 17' 47" E, 10.00 feet with the southwest right-of-way line of Country Club Blvd and the
northeast line of the 2.1010 acre tract to a point for the east corner of the herein described easement.
Thence, S 60° 34' 04" W, 92.57 feet crossing a portion of the 2.1010 acre tract along the northwest line of an
existing parking lot, to a point for an angle point.
Thence, S 43° 22' S3" W, 118.94 feet crossing a portion of the 2.1010 acre tract to a point in the north face of
said existing building, for an angle point.
Thence, S 59° 52' 43" W, 10.00 feet crossing a portion of the 2.1010 acre tract, along the north face of said
building, to the Place of Beginning and covering 0.051 of an acre of land according to a survey made on the
ground on December 5, 2011, by Tri-County Surveying Inc.
Corresponding plat prepared.
Project No. 1111111
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This page has been added by the Guadalupe County Clerk's off(ce to
comply wifh the statutory requirement that the clerk shall stamp the
recording information at the foot of the last page of the document,
This page become apart of the document identified by Document Number
~ a. ,a~ affixed on the first page of this document.
~ ~ v~-
FILED FOR RECORD
12 JUL I I AM 8~ 40
OAI[I1~E COUNTY
+./ ~
S1ATR OF l'LXAS
CGUNN OF UVAUALUPE
I oeAity This insimmenl wee FILED orl tlIB
Eels ord al0ie limo stamped Uiereon afld
wee duly recardM in No Offidel PubllO
Remrds d Guatlelupe.Counl~y,~TereAa.
r0 q ~J~M1C~ 11W~
'fERESA KIEL
Q ~~~ Guadalupe County Clark
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