12-R-44 Easement Agreement with SAWSRESOLUTION NO. 12-R-44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING ONE (1) PERMANENT WATER
EASEMENT AGREEMENT AND ONE (1) TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT WITH THE CITY OF SAN
ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City execute and deliver one (1) permanent water line easement agreement and one (1)
temporary construction easement agreement associated therewith (collectively the "Water
Easement Agreements") with the City of San Antonio for the use, benefit, and control of the San
Antonio Water System Board of Trustees ("Grantee"); and
WHEREAS, fair market value appraisals have been obtained on all of the property that
will be covered by the Water Easement Agreements; and
WHEREAS, the Grantee will pay the City the fair market value for the Water Easement
Agreements, as determined by the appraisals; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute and deliver to the Grantee the Water Easement Agreements attached hereto as 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 and
deliver the Water Easement Agreements with Grantee in substantially the form set forth on
Exhibit A, with such minor modifications that may be authorized by the City Manager, in
consultation with the City Attorney, provided that no such modifications shall be contrary to, or
inconsistent with, the Water Easement Agreements 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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, Tesas 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 29th day of May, 2012.
CITY
Mayor Pro-Tem
ATTEST:
Crty Secretary
(CITY SEAL)
50516796.1
EXHIBIT A
WATER EASEMENT AGREEMENTS
SOS 16796.1 [~-1
SAWS Parcel: P11-086
Project: SAWS Regional Cattiw Project
Water Delivery Pipeline
PERMANENT EASEMENT -WATER
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN TAE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF GUADALUPE §
THAT, CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation, hereinafter referred.to
as "Grantor", for and in consideration in the amount of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to Grantor
in hand paid by the SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, Bexar
County, Texas, has given, granted, sold, conveyed, and dedicated, and by these presents, does
give, grant, sell, convey, and dedicate unto the CITY OF SAN ANTONIO, a Texas Municipal
Corporation herein referred to as "Grantee" for the use, benefit and control of the said SAN
ANTONIO WATER SYSTEM BOARD OR TRUSTEES as such and their successors in
office appointed by the City Council of the said City of San Antonio as provided in Ordinance
No. 75686, adopted at a regular meeting of said council, Apri130, 1992, and subject to the terms
and provisions of said ordinance, an easement (the "Easement") to construct, reconstruct, realign,
inspect, patrol, maintain, operate, repair, add, remove and replace water facilities and related
appurtenances thereto, in, on, over and through the lands located in Guadalupe County, Texas as
follows:
BEING A 2.225 ACRE (96,933 SQ. FT.) TRACT OF LAND, MORE OR
LE5S, OUT OF THE T. HERRERA SURVEY NO. 68, ABSTRACT NO.
153, GUADALUPE COUNTY, TEXAS, AND BEING OUT OF THE
FOLLOWING TWELVE (12) TRACTS: 1-9) LOTS 1 THROUGH 9,
BLOCK 30, LIVE OAK HILLS SUBDIVISION, A SUBDIVISION
RECORDED IN VOLUME 2, PAGES 146-147, PLAT RECORDS OF
GUADALUPE COUNTY, TEXAS, CONVEYED TO THE CITY OF
SCHERTZ BY THE FOLLOWING VOLUME AND PAGES: 26151595,
2576!948, 2642/759, 2617/339, 2627/973, 2673/540, 2633/782, 2617/329 AND
2617/337, ALL IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE
COUNTY, TEXAS, 10-11) A 0.807 ACRE TRACT CALLED PARCEL 5
AND A 5.977 ACRE TRACT.CALLED PARCEL 6 AS DESCRIBED IN A
GENERAL WARRANTY DEED DATED JANUARY 27, 2009 TO THE
CITY OF SCHERTZ, RECORDED IN VOLUME 2708, PAGE 726,
OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS,
AND 12) A 1.192 ACRE TRACT CALLED PARCEL 4 AS DESCRIBED IN
A DEED OF DEDICATION DATED APRIL 6, 2009 TO THE CITY OF
SCHERTZ, RECORDED IN VOLUME 2742, PAGE 269, OFFICIAL
PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 2.225
SAWS Parcel: Pt1-086
Project: SAWS RegionalCarrizoProject:
Water Aelivery Pipeline
ACRE (96,933 SQ. FT.) TRACT AS SHOWN ON THE ACCOIVIPANYING
PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED AND
DEPICTED IN E7{HIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF (THE "EASEMENT AREA");
For the purpose of using said Easement Area for any and all things necessary for the construction,
reconstruction, realignment, inspection, patrol, maintenance, operation, repair, addition, removal
and/or replacement of the water facilities Improvements and related appurtenances to be placed
within the above described permanent Easement Area. The Grantee expressly agrees that it will
remove from said land all surplus material and will cause said land to be left as nearly as possible
in the condition as it existed on the Effective Date (as hereinafter defined) prior to the
construction of said improvements.
Together with the right of ingress and egress over said Easement Area for the purpose of
constructing, reconstructing, realigning, inspecting, patrolling, maintaining, operating, repairing,
adding and removing said water lines and related appurtenances; the right to relocate said water
lines and related appurtenances within said Easement Area; the right to remove from said lands
all trees and parts thereof, or other obstructions, which may interfere with the exercise of the
rights granted hereunder; and the right of exercise of all other rights hereby granted, and Grantor
expressly covenants for• itself, its legal representatives,.successors and assigns that no building of
any Itind will be placed in the Easement Area, provided, however, such covenant shall not
prohibit the Grantor's use of the Easement Area for drainage related purposes.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions;
.Grantee, on behalf of itself and its successors and assigns, acknowledges and agrees that
Grantor, and Grantor's successors and assigns, shall continue to have the right to use the
Easement Area for drainage related purposes. Grantee shall not disturb or otherwise interfere
with the Grantor's, and Grantor's successors and assigns, use of the Easement Area for•
drainage related purposes, nor shall Grantee, or Grantee's successors and assigns, erect or
permit the erection of any slabs, structures, or other improvements within the boundaries of
the Easement Area which would interfere with the use and enjoyment by Grantor and
Grantor's successors and assigns of the Easement Area for drainage related proposes.
2. No equipment or materials may be stored in the Easement Area overnight.
3. The Easement herein granted 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.
4. The Easement herein granted shall run with the Benefited Property and be binding upon and
inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns,
SAWS Parcel; Pl]-086
Project: SAWS Regional Catrizo Project
Water Delivery Pipeline
and legal representatives, and shall be binding upon all parties having or acquiring any right,
title, or interest in the Easement Area or any portion thereof.
5. The Easement is further made subject to the matters set forth on Exhibit "B" attached hereto
and incorporated herein for all purposes (the "Permitted Exceptions").
6. Grantee, and Grantee's successors and assigns, shall not permit any claim, lien, or other
encumbrance arising from any activity by or on behalf of Grantee, and Grantee's successors
and assigns, or from Grantee's, and Grantee's successors and assigns, use of the Easement to
accrue against or attach to the Easement Area.
7. The easements, rights, and privileges granted hereby shall be for the benefit of and be
restricted solely to the parties hereto, and their successors and assigns, as now or hereafter
owning or leasing all or• any portion of the Easement Area, provided, however, the foregoing
shall not be deemed to limit or restrict Grantee's ability to t•etain and utilize contractors and
subcontractors to perform work in the Easement Area, No easements, except those expressly
set forth herein, shall be implied by this agreement.
8. If either party brings or commences any legal action or proceeding to enforce any of the
terms of this Easement Agreement (or for damages by reason of an alleged breach of this
Easement Agreement), the prevailing party in such action shall be entitled to the recovery of
all costs and expenses of litigation, including, without limitation, reasonable attorneys' fees,
court costs, and costs of appeal.
9. Any notice required or permitted to be given under this Easement Agreement shall be in
writing and addressed to the party being notified at the addresses given below and shall be
deemed to have been given upon (1) deposit in the United States Mail, Certified Mail, Return
Receipt Requested, postage prepaid, or (2) deposit with a nationally recognized overnight
delivery service:
If to Grantor: City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: John C. Kesel, City Manager
With a copy to: Fulbright & Jawolski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
Attention: Katherine A, Tapley
SAWS Parcel' Pl1-086
Protect: SAWS Regional Carrizo Protect
Water Delivery Pipeline
If to Grantee: San Antonio Water System
2800 US 281 North, 2"d Floor, Tower I, Suite 226
San Antonio, Texas 78212
Attention: Manager, Corporate Real Estate
With a copy to: San Antonio Water System
2800 US 281 North, 6~h Floor, Tower I
San Antonio, Texas 78212
Attention: Mark Brewton, Corporate Counsel
Upon at least ten (10) days prior written notice, each party shall have the right to change its
address to any other address within the United States of America.
10. This agreement shall be governed and construed in accordance with the laws of the State of
Texas. The parties agree that venue shall be proper in Guadalupe County, Texas.
11. This Easement Agreement is intended to comply with and be performed in accordance with
(and only to the extent permitted by) all applicable laws, statutes, ordinances, rules, and
regulations. If any term or provision of this agreement, or the application thereof to any
person or circumstance, is hereafter held to be invalid or unenforceable for any reason or to
any extent, the remainder of this agreement, or the application of such term or provision to
persons and circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of this agreement shall be valid
and enforced to the fullest extent not prohibited by law.
l2. This agreement may not be modified except in writing signed by the parties hereto.
13. This Easement may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which shall coristitute orie and the same instrument.
TO HAVE AND TO HOLD the above described easements and ltights unto the said Grantee, its
successors and assigns, until the use of said easements shall be abandoned.
And Grantor does hereby bind itself, its legal representatives, successors and/or assigns to
warrant and forever defend all and singular the above described easements and rights unto the
said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject,
however, to the matters set forth herein.
EXECUTED to be effective as of the day of , 2012 (the
"Effective Date").
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