Loading...
12-R-98 Rescinding Resolution 12-R-77 OGVP, LTDRESOLUTION NO. 12-R-98 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RESCINDING RESOLUTION 12-R-77, AUTHORIZING ACCEPTANCE OF A SIDEWALK EASEMENT AND TWO WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS WITH OGVP, LTD., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City") passed and approved Resolution No. 12-R-77 on September 11, 2012; and WHEREAS, the City Council now desires to rescind Resolution No. 12-R-77; and WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Sidewalk Easement and two Waterline Easement and Temporary Construction Easement Agreements with OGVP, Ltd., relating to two waterline easements; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with OGVP, Ltd. pursuant to the Sidewalk Easement and two Waterline Easement and Temporary Conshuction Easement Agreements attached hereto as Exhibit A (the "Agreements"). 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 Agreements with OGVP, Ltd. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby rescinded to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 declaz~ed 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, thisday of, 2012. CITY~O~F SC~HERTZ, TEXAS ~--~ ~ . Mayor Pro Tem ATTEST: City Secretary (CITY SEAL,) 50531466.1 EXHIBIT A SIDEWALK EASEMENT AND WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS (to be attached) 50531466.1 A-t ~/ ~~~021s~~ VO13199 P60453 NOTICE OF CONFH)ENTIALITY 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 TAE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SH)EWALK EASEMENT AGREEMENT THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE THAT OGVP, LTD_, a TEXAS LIMITED PARTNERSHIP (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 exclusive 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 0.0976 -acre portion of that 3.196 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 8, Page 13 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 sidewalk (the "Sidewalk"), together with free and unrestricted public pedestrian ingress and egress in, upon, and over the Easement. The Easement is granted for the purpose of facilitating the construction of the Sidewalk and allowing its use by the public. 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 variable width ship of land 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 Sidewalk, nor shall any such persons erect or permit the erection of any buildings, slabs, strucures, or other improvement within the boundaries of the Easement, or which would otherwise interfere with the Sidewalk's continued use and rnaintenance. 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, 50533954.2 VO13199 P60454 maintenance, or repair of the Sidewalk. To the extent that construction of the Sidewalk results in the removal of brush from the Easement, the Grantee shall an~ange for the disposal of the brash at the Grantee's sole cost and expense. (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 Sidewalk for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Sidewalk 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. 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 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~~~~'(~j, 201` (the "Effective Date"). [signatures and aclcnowledgemenis on the followingpagesJ 50537954.2 - 2 - VO13199 P6O455 This instrument has been executed as of the dates of the aclurowledgments to be effective as of the Effective Date. GRANTOR: Q G~ V (~ ~ 1, f ~ . THE STATE OF ~~ COUNTY OF ~a'~/ ~y: D ~v P !~c-,.oJzM~,.t Goy ~.~. c. By: ~~ Name: S~r..~ ~.-~,~~ Title: i+C~,„.~..._ ~ ,,,//~~ This instrument was acknowledged before me on the ~ day ot1f7~/ 201 by 5~'en,~e.l3/.wt~. as Yy`9.rYlb of Q(sL~/(~~ ~--(-,,,Ll_L ,on behalf ofsuch (SEAL) }~.~ LISA KIMBERLYMAURER " ~ i MY CAMMISSION EXPIRES ~,~~'• July 23, 2015 Notary Pub is in and for The State of ( "X z¢ My Commission Expires: sosss~s~.z - 3 - VO13199 P60456 GRANTEE: CITY OF SCHERTZ John C. essel City Manager, City of Schertz THE STATE OF TEXAS COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ~ day o V(YYI~'-, 201~by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) SARAH E. GON7I~LEZ Notary Publk State of Texas My Comm. Exp,1p•31.2016 No ary Public in and for The State of Texas My Commission Expires: ~~ `~ ` ~ V 11.(~ AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 50533954.2 - Q - YO13199 P60457 EXHIBIT A Easement SOSA954.2 $-1 /~ EN G/INEERS MACINA• BOSE •COPELAND and ASSOCIATES,INC CONSULTING ENGINEERS AND LAND SURVEYORS Texas Registered Engineering Firm F-784 1035 Central Parkway North, San Antonio, Texas 78232 12101 545-1122 FAX 12101 545-9302 www. mbcengineers. com METES AND BOUNDS DESCRIPTION OF OJ tl7 O c.o a Q1 01 C"D J 0 A 0.0976 OF AN ACRE (4,251 SQUARE FEET) TRACT OF LAND OUT OF LOT 114R, BLOCK 1, OF THE OAKS OF GREEN VALLEY II, SUBDIVISION AS RECORDED IN VOLUME 8, PAGE 13 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS: BEGINNING: At a found ~" iron rod, said found {" iron rod being on the northern right-of-way line of Arroyo Verde (a public right-of-way varies)as recorded in Volume 6, Pages 73-74 of the Deed and Plat Records of Guadalupe County, said found )4" iron rod being on the eastern right-of-way line of FM 3009 (a 120 foot public right-of-way) as recorded in Volume 453, Pages 320-321 of the Deed and Plat Records of Guadalupe County; THENCE: N 29°26'00" W, 283.29 feet, leaving the northern right-of-way line of said Arroyo Verde, along and with the eastern right-of-way line of said FM 3009, to a point; THENCE: S 69°20'58" W, 30.00 feet, leaving the eastern right-of-way line of said FM 3009, to a point; THENCE: S 29°26'00." E, 180.00 feet, to a point; THENCE: S 02°34'20" W, 25.00 feet, to a point; THENCE: S 29°26'00" E; 40.00 feet, to a point; Page 1 of 3 P:\SChertz\30599-OakasGreenValleyII\Let tees\U.0976 ac 081412.docx VO13199 P00459 THENCE: S 11°58'33" E, 20.00 feet, to the POINT OF BEGINNING of this tract. I, Joe Edward Higle, Registered Professional Land Surveyor do hereby affirm that this description is based on the results of a survey made on the ground by the firm of Macina, Bose, Copeland and Associates, Inc., of which a survey as been prepared. JOE~DW ~ I~;TdG~g,'° a`T.~? R~. NO. 4788 REG STER • "~•$&~'$,$ AL LAND SURVEYOR ;,_P SUR 30599-Schertz ~'`~ August 14, 2012 JEH/nt Page 2 of 3 P:\Schertz\30599-OaksGGreenVa lleyII\Letters\0.0976 ac 081912.docx EN NEEDS ~'M x N ~O~~+I SCALE: 1" = 50' LOCATION MAP Npl i0 SGLE OAKS AT GREEN VALLEY II I__-1 (VOLUME 8, PAGE 13J PVEHIC11lAR NON BLOCK 1 ACCESS ESMT. ~\I Q1 LOT 114R --------___ (voL ]_PC. s9a _~ f 01 - - -~ ------ ---------- ~ 25' WIDE SAN. SE4V. ESMT. ACE13CE551~OIMP. E9MT.~ (VOL d99, PGS 318-318, (VOL 1336, PG5.451J5]j I M bO BUILDING SETBACK ~ _- I / I - _- - -- °- C ----- ----- 18 ELEC., TEL I 'J 1'VEHICULAR NON~ACCESS ESMT. (VOL ],Pa. 28A ACAN ESMT. -~ld'ELEC GAS. TEL &CAN ESM-._ - - 28 ELEC. ESMT.- -- I I I (VOL 1458. PG 919) S29'26 00 E 180 00' - I J f _r\~~ _ _ - 1 VARIABLE WIDTH ~" SIDEWALK ACCESS ESMT. (0.0976 ACRES) F. M. 3009 ( AKA- ROY RICHARD DR.) 120.0'R.O.W. VOL.453, PGS. 320.321 CERTIFY TH -HE ABDYE PLAT IS TO AN 1 bRYEY MADE ON T'. FIRON ROD W W re^ O o~~1~ g0 Q ~> ENTS OR ND THAT EXCEPT BEING A VARIABLE WIDTH SIDEWALK EASEMENT (0.0976 ACRES), OUT OF OAKS AT GREEN VALLEY II, S RECORDED N VOLUME 8, PAGE 73, OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS. PLAT ID# A/P# oeslox J . T. onAn1 P. R. DATE OB-13-2012 3~ xD.30599-SCHE sxT, 1 of 1 LINE TABLE N0. CHORD BRG. LENGTH L1 569°20'58"E 30.00' L2 502°34'20"W 25.00' L3 S29°26'00"E 40.00' L4 S11°58'33"E 20.00' EXHIBIT "A" V0l~319 9 P60 4 61 This page has been added by the Guadalupe County Clerk's office to comply with the statutory requirement that the clerk shall stamp the recording information at the foot of the last page of the document. This page becomes a part of the document identified by Document Number /c~-'~/,S y~_ affixed on the first page of this document. - ~ ~ ~ ~t~e~fZ c~~ FILED FOR RECORD 12 N04 -7 PM 3~ 37 TER A KIEL COUNTY CL UA©AL//fJ E QQUNTY BY EC~-_. bTATE OF TEAS OOUNTYOF GUADALUP£ ~ p~y(y We Vyln,meM wee FILED on Ita dale end et Iho ed In itle O~Aldd PuE110~ R~°a a GeedeWpe caumx Ta>~ ~Ja~r cc~ ~4, ~I R~ TERE6A KIEL P~ ~ (,~,edelupo CeuMy Clsk \~ C/ VO1319 9 P60 4 6 2 ~~/ 021545 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. WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT OGVP, LTD a Texas limited nartnership (the "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and othet• good and valuable consideration to the Grantm• 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, (1) a permanent exclusive easement and right-of--way upon, across, and beneath real property located in Guadalune County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Permanent Easement"), and being a 0.1393 -acre portion of that 3.196 -acre tract of land of the Grantor more particularly described in that instrument recorded in Volume 8 ,Page 13 of the Official Public Records of Guadalune County, Texas (the "Premises"), and (2) a temporary non-exclusive construction easement and right-of- way upon and across a 0.2686 -acre portion of the Premises, as more particularly described on Exhibit B attached hereto and incorporated herein for all purposes (the "Construction Easement") (collectively, the "Easements"). The Permanent Easement is granted for the purpose of constructing, operating, maintaining, and repairing a waterline (the "Waterline"). The Construction Easement is granted for the purpose of facilitating the conshuction of the Waterline. The Easements herein granted are subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Permanent Easement herein granted shall be located across a 10-foot wide strip of land and shall be perpetual until the earlier to occur of (a) the permanent and affirmative abandonment of the use of the Permanent Easement by the Grantee, its successors or assigns, or (b)the execution and recordation in the Official Public Records of Guadalune County, Texas, of an instrument by which the Grantee, or• its successors or• assigns, as applicable, abandons and releases the Permanent Easement. (2) The Construction Easement herein granted shall be located across a 20-foot wide strip of land adjacent and parallel to, and coextensive with, the Permanent Easement. The Construction Easement shall terminate upon the earlier to occur of (a) completion (as certified in writing by the Grantee to the Grantor) of the 50310413.1 V0~319 9 P60 4 6 3 Waterline conshuction, or (b) nine (9) months after conunencement of conshuction, which commencement is hereby defined to mean the commencement of excavation work upon the Permanent Easement. In the event the Grantee should be delayed or hindered or prevented from completing conshuction and installation of the Waterline within the tune flame provided above by reason of the acts and/or nractiou of the Grantor, restrictive government laws or regulations, insurrection, war, acts of God, and inclement weather or other reasons of like nature not the fault of the Grantee or its agents and contractors, then the period for the performance of the completion of the conshuction and installation of the Waterline shall be excused for the period of the delay and shall be extended for a period equivalent to the period of such delay. The Grantee shall restore the Construction Easement area to as close to its original condition as reasonably practical. (3) Neither the Grantor nor any successor owner of the Premises shall disconnect, disturb, or otherwise interfere with the continued use of the Waterline, nor shall any such persons erector permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Permanent Easement, or which would otherwise interfere with the Waterline's continued use and maintenance. With respect to any buildings, slabs, shuctures, or other improvements encroaching on the Permanent Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, shucture, or irprovement to allow for the conshuction, operation, maintenance, or repair of the Waterline. The Grantee shall, however, take reasonable precautions to preserve any mature trees existing within either the Permanent Easerent or the conshuction Easement. To the extent that conshuction of the Waterline results in the removal of brush from the Easements, the Grantee shall an~ange for the disposal of the brush at the Grantee's sole cost and expense. (4) The Easements 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. (5) Should it become necessary at any time subsequent to completion to the conshuction of the Waterline for the Grantee to enter the Grantor's Premises for the purpose of maintaining, repairing, operation, or altering the Waterline 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 replacernent 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 Ue responsible for promptly performing, at their sole cost and expenses, all necessary repahs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) so~ioais.i - 2 - VO13199 P6O464 shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (6) The Easements are 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 Guadalune_ County, Texas as of the date hereof. (7) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. TO HAVE AND TO HOLD said Easements 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 Easements unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, buy not otherwise, subject, however, to the matters set forth herein. Executed to be effective as of~b , 201 (the "Effective Date"). [sigttatures and acln~orovledgeatents on the following pages] soaio~ns.i - 3 - VOL 319 9 P60 4 6 5 This insh~ment has been executed as of flee dates of the acknowledgments to be effective as of the Effective Date. THE STATE OF COUNTY OF '"~'/ GRANTOR: By: Name: S'-Fc ~ $ ~ 14~__ Title: /«(c ,,., (,~~ This instnunent was acluiowledged before me on the ~I day of ~, 20Y~,by [Ne. ~M~. , as '~~Y.ly/ of I~~ U`~~tr.fid , on behalf of such rt-~/a~..,~,ehr~ (SEAL) ~~"~~~~ LISA KIMBERLYMAURER 3'e •'e MY COMMISSION EXPIRES ~ ''` JUIy 23, 2015 pk,\ v~ Notary ublic in and for The State of~K_~y My Commission Expires:--~~ 1 7. ~ 1~~ soslo~u.l - 4 - VO13199 P60466 THE STATE OF TEXAS GRANTEE: CITY OF SCHERTZ ~~^~~_ Jolu> C. ssel City Manager, City of Schertz COUNTY OF GUADALUPE § ~ nn ~~\\// y~~ r This instrument was acknowledged before me on the day ofI VVYQ I 1 I~O1Q~by John C. Kessel, as City Manager of the City of Schertz, on behalf of such City. (SEAL) ,, SARAH E, GON7AI F7 ~ Notarypublk ,ems, StateofTelos My Comm.Exp.10.31.2016 AFTER RECORDING RETURN TO: Katherine A. Tapley Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 My Commission Expires: I ~ ~ 1 ~~' 50310413.1 - 5 - The State of Texas VO13199 P6O467 EXHIBIT A Permanent Easement sosioais.~ A_t /% N C3/INEERS lD O a CT Q1 M 0 MACINA• BOSE COPELAND and ASSOCIATES,INC CONSULTING ENGINEERS AND LAND SURVEYORS Texas Registered Engineering Firm F-784 1035 Central Parkway North, San Antonio, Texas 78232 12101 545-1122 FAX 12101 545-9302 www. mbcengineers. com METES AND BOUNDS DESCRIPTION OF A 0.1393 OF AN ACRE (6,067 SQUARE FEET) TRACT OF LAND OUT OF LOT 114R, BLOCK 1, OF THE OAKS AT GREEN VALLEY II, AS RECORDED IN VOLUME 8, PAGE 13 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS: At a found ~" iron rod and cap "MBC", said found ~" iron rod being the southwest corner of the Arroyo Verde Unit 1, Lot 38, Block 1, as recorded in Volume 6, Pages 73-74 of the Deed and Plat Records of Guadalupe County, said found ~" iron rod being on the north right-of-way line of Arroyo Verde (a public right-of-way varies) (Ref: Volume 6, Pages 73-74) said found ~" iron rod being at a point of curvature of a non-tangent curve; THENCE: 6.30 feet, along and with said curve to the right having a radius of 275.00 feet, a central angle of O1°18'42" and a chord bearing and distance of S 58°55'38" W, 6.30 feet, to the POINT OF BEGINNING of this tract at a point of curvature of a non-tangent curve to the right; THENCE: 4.72 feet, along and with the north right-of-way line of said Arroyo Verde and said curve to the right, having a radius of 275.00 feet, a central angle of 00°59'01" and a chord bearing and distance of 5 60°04'30" W, 4.72 feet, to a found '~" iron rod and cap "MBC", at a point of tangency; THENCE: S 60°34'00" W, 5.28 feet, along and with the north right-of-way line of said Arroyo Verde, to a point; THENCE: N 29°26'00" W, 74.41 feet, leaving the right-of-way line of said Arroyo Verde, to a point; THENCE: S 60°34'00" W, 4.00 feet, to a point; THENCE: N 29°26'00" W, 28.35 feet, to a point; THENCE: N 60°34'00" E, 3.81 feet, to a point; Page 1 of 3 P:\SChertz\30599-Oaksc3GreenValleyII\Letters\0.1393 Ac 101812.docx VO13199 P00469 THENCE: N 31°47'41" W, 392.16 feet, to a point; THENCE: N 29°25'59" W, 66.03 feet, to a point; THENCE: N 15°34'00" E, 37.26 feet, to a point, said point being on the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and said Lot 114R, Block 1; THENCE: S 29°26'00" E, 18.00 feet, along and with the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and said Lot 114 R, Block 1, to a point; THENCE: S 15°34'00" W, 23.11 feet, leaving the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and said Lot 114R, Block 1, to a point; THENCE: S 29°25'59" E, 57.83 feet, to a point; THENCE: S 31°47'41" E, 396.69 feet, to a point, said point being on the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and said Lot 114 R, Block 1; THENCE: S 29°26'00" E, 98.39 feet, along and with the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and said Lot 114R, Block 1, to the POINT OE BEGINNING of this tract. I, Joe Edward Higle, Registered Professional Land Surveyor do hereby affirm that this description is based on the results of a survey made on the ground by the firm of Macina, Bose, Copeland and Associates, Inc., of which a survey map ha- yLrepared. JOE REGI 30599-Schertz October 18, 2012 JEH/nt Page 2 of 3 P:\Schertz\30599-Oaks(XireenValleyIi\Letters\0.1393 Ac 101812.docx NO. 4788 SURVEYOR ~% EN NEEP$ "~'~ YOI~I 99 P60470 LINE TA BLE " NO. CHORD BRG. LENGTH wamrc vumF ~ L1 560.34 00 w 5.29 ueT-+ L2 N29. 26 00 M 74.47 _ L3 560.39 OD w 4.00 ~ o E L4 N29.26 00 w 29.35 ~ 0 LS N60.39 00 E 3.81 D L6 N37.4T 41 w 392.16 Z 0Ei219"O L7 N29.25 59 w 66.03 FR ams § o LB NIS•39 00 E 37.26 ,~7 SCALE ~ 007 L9 629.26 00 E 79.00 ¢ : '.K. ° o ~ o L7D 596.3q 00 w 2J.T7 BERflINLS ARE BASED ON THE NORTHIYEST RILHi F W Y § LT9 629.25 59 E 57.93 -O - p uxE of T-u. Joos u BEixO N z4 SITE ~' L72 637.97 41 -E 396.69 xzs'zs'aB^x. ,'g so¢nTZ Rxsr. L73 629.26 00 E 98.39 I CURV E DATA LOCATION MAP N0. c1 RPDIU$ zTS. DO DELTA 09.9e 4z TPNGENT 3.14 LENGTH 6.30 CHORD BRG. sse•ss 3e•w CHD. DIST. 6.30 NOT TO SCN.E C2 275.00 00.59 01• 2.36 4.72 660.09'30'w 9. T2 e! O ~N~'Cti ~~s o~ TPO ~O~ o ~ o PFL O~,P O 5pp~ • ~ ~~ qM1 Y \ g `\ ~ ~ 2 ` ` Q y \i ~o~YO ~. J ~ ` '~~ G ~ ~ ~~~ ,T\ \ ,\\\sE~R~~~~n - ~A J \ ` ` \ "act-`. \ ` \ \ ~~ ~~.s~o-°`s':~ ~ + .~ ~ ~ ` ~ ~ / \ so~~ °ijf v A ~~ \ '"op. e.so?~ ` `x '\_ ~Tpc ~~ x ~ A ~ ` 9 ~ T~,°S e~ ti ~c+ \ ,` ~~ \ ~p~ ~ ~9 L ` ` \ ` 9 $ ~ ` ~ x c \ 01~ ~ ~ `x ~ C~ ` x ~ y o`\~ `+' y ~ P xo e \\ ~ ` A~~ ~ ^M L O \ C \ s ~ ~ p y , 9/z. x ~ ~9 ,y Y\ \ oL~~ \sz~, s ~ ~ ~'~ @ ~ o ` \ ~ ~ L\ p ~ ` \-\ T` o1"a n ~ O T^ \-\ 9~f T \~` r \ ~ ~ T • gC ~ \~__ O\ ~ / J ~ O ~ 90 \= t~ 4Y~~ ' A 'A ~\\w C QOt ~~ / ~ ~ k / \ \I~y" \ VS'a !\ / ~ ~'\ ' ~~ S / \ G\ ~ / 0 \k ~ / V' ` er \ ~ ' g ~ ` ~ i ~\~ti~ J~G~io'1'~ ~ i \ P"7s ~ ~ Q` I%+N~S ~ . ~~ ~~ b P ~,+w ~ I HEREBY CERTIFY THAT THE ABOVE PLAT I6 TflUE AND CORRECT ACCOflDINO TO AN A~L SURVEY NAOE ON THE GROUND UHOER YY 6UPERVi6[ T ERE ARE NO VISIBLE EASEI~NT6 OR ENCROA ~ 93UTL0 N ADJOINING PROPERTY AND THAT ALL BUIL ~F `AR~111~OL YL TED ON THI6 PROPERTY E%CEPT A6 6HOMN~:G~ RF:9N D HI ' JOE EOM' NIGLE4/B ~ E 7 47BB REG STE ~;Pj1U~59ID~l L•V. ~ SURVEYOR E'M---~ SUR\~f- EXHIBIT "A" ~ ~ PLAT IDx • ~.~ uwe ors+~ JAP BEING A 10~ WATERLINE EASEMENT (0.1393 ACRE) aura Pwut E N C IN E E R 5 OUT OF OAKS AT GREEN VALLEY, AS RECORDED IN ~„•B 76~a6i CMI~IO PT~axm Tezsz VOLUME 6, PAGE 13, OF THE DEED AND PLAT R„~ 9o-T5-T2 Iztm fi4s-Itzz F A % 121 0 1 64 5 -9 302 RECORDS OF GUADALUPE COUNTY, TEXAS. 30599-SCHZ '. +® xB T ~ y~ p E T E H ENOIIEENINOOFIRY FDT94 yuT. 3 O{ 3 YOt319 9 P6O 4 71 EXHIBIT B Construction Easement soaioa~3.i B-1 /% EN Ci/INEERS CV r 0 a Q1 Q1 M J O Y MACINA • BOSE COPELAND and ASSOCIATES, INC Texas Registered Engineering Firm F-784 1035 Central Parkway North, San Antonio, Texas 78232 12101 545-1122 FAX 12101 545-9302 www. mbceng ineers.com METES AND BOUNDS DESCRIPTION OF A TEMPORARY 20 FOOT CONSTRUCTION EASEMENT A 0.2686 OF AN ACRE (11,702 SQUARE FEET) TRACT OF LAND OUT OF LOT 114 R, BLOCK 1, OF THE OAKS AT GREEN VALLEY II, AS RECORDED IN VOLUME 8, PAGE 13 OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN A CLOCKWISE MANNER AS FOLLOWS: At a found ~" iron rod and cap "MBC", said found ~" iron rod being the southwest corner of the Arroyo Verde Unit 1, Lot 38, Block 1, as recorded in Volume 6, Pages 73-74 of the Deed and Plat Records of Guadalupe County, said found 'r4" iron rod being on the north right-of-way line of Arroyo Verde (a public right-of-way varies) (Ref: Volume 6, Pages 73-74) said found 34" iron rod being at a point of curvature of a non-tangent curve; THENCE: 6.30 feet, along and with said curve to the right having a radius of 275.00 feet, a central angle of O1°18'42" and a chord bearing and distance of S 58°55'38" W, 6.30 feet, to the POINT OF BEGINNING of this tract at a point of curvature of a non-tangent curve to the right; THENCE: 4.72 feet, along and with the north right-of-way line of said Arroyo Verde and said curve to the right, having a radius of 275.00 feet, a central angle of 00°59'01" and a chord bearing and distance of S 60°04'30" W, 4.72 feet, to a found 'f" iron rod and cap "MBC", at a point of tangency; THENCE: S 60°34'00" W, 15.28 feet, along and with the north right-of-way line of said Arroyo Verde, to a point; THENCE: N 29°26'00" W, 219.37 feet, leaving the north right- of-way line of said Arroyo Verde, to a point; THENCE: S 31°47'41" W, 275.34 feet, to a point; THENCE: N 29°25'59" W, 64.35 feet, to a point; THENCE: N 15°34'00" E, 44.33 feet, to a point, said point being on the south line of said Lot 38, Block l; Page 1 of 3 P:\SChertz\30599-OakssGreenValleyll\Letters\0.2686 Ac 101812.docx VO13199 P60473 THENCE: S 29°26'00" E, 28.28 feet, along and with said south line of Lot 38, Block 1, to a point; THENCE: S 15°34'00" W, 16.04 feet, leaving the south line of said Lot 38, Block 1, to a point; THENCE: N 29°25'59" W, 55.65 feet, to a point; THENCE: S 29°25'59" E, 55.65 feet, to a point; THENCE: 5 31°47'41" E, 275.34 feet, to a point, said point being on the common line of said, Arroyo Verde Unit 1, Lot 38, Block 1 and Lot 114 R, Block 1; THENCE: S 29°26'00" E, 219.74 feet, along and with the common line of said Arroyo Verde Unit 1, Lot 38, Block 1 and Lot 114R, Block 1, to the POINT OF BEGINNING of this tract. I, Joe Edward Higle, Registered Professional Land Surveyor do hereby affirm that this description is based on the results of a survey made on the ground by the firm of Macina, Bose, Copeland and Associates, Inc., of which a survey map has been pre '`• ~G OF T._ H REG 30599-Schertz October 18, 2012 JEH/nt Page 2 of 3 P:\Schertz\30599-OaksOGreenValleyLl\Letters\0.2606 Ac 101012.docx NO. 4768 SURVEYOR EN NEEDS 1~9 4 LINE TABLE 0 z SCALE: 1'=100' 9E.WINCS ARE 6ASE0 ON TXE NORixWESi RICXi-OF-WFY LINE OF F.Y. X009 AS BEING N29'2fi 09~W. m LOCATION MAP HOT TO SCN.E CURVE DATA N0. RPDIU6 DELTA TPNCENT LENGTH CHORD BRG. CH0. 01ST. C7 276.00 01.18 42 3.19 6.30 658.55 3B ^ - 6.30 C2 276.00 00.59 O1 2.36 4. T2 560.09'30•r 4. T2 Bf 9 O pa-~ ~bm iaL ~g y"o-c~ aO~ ~- ~® \ .2 ~ ~„_ ` ~W*r \ ~z `` 4/ ~\ ~v. ~s\ O s%°t1i \ TT\ y\.\ fo~P$e ~~ ~ T\` ,~ \ -\ ~`~ a nP A Gl \ \vp$d' \ \ ` Y ~ TiY \ \ ~$f ' fO ~ v ~ t~ \ ~ . COA a \ ~p y9 `4` O ~f2 ~~ Sn g ~ 9 \e ` ~ `°~9P,~ \~ v 0 \,\ Y\ T\ y \\ ~ ~~ di` / / \ \\ ~ \ \ O J?° ~ o ~ ~` spa \\,. __ a° °`~ ~ ~ / .y \ a ~ / \\ ~ i ~°a \ J~o,~. ~ C%O`0~~~/N~ / / ` / P` ~~~~ ~ EXHIBIT "B" BEING A TEMPORARY 20' CONSTRUCTION EASEMENT (0.2686 ACRE), OUT OF OAKS AT GREEN VALLEY, AS RECORDED IN VOLUME 8, PAGE 13, OF THE DEED AND PLAT RECORDS OF GUADALUPE COUNTY. TEXAS. A/Plt uu~ox JAP ~,~y PMR a¢uE9 9~re 10-15-12 ,~„~ 30599-SCHZ VO1~319 9 P60 4 7 5 This page has been added by the Guadalupe County Clerk's office to comply with the statutory requirement that the clerk shall stamp the recording information at the foot of the last page of the document. This page becomes a part of the document identified by Document Number ~~ ~/~yS affixed on the first page of this document. ~ ~ db FIt.ED FOR fiECORD 12 MOV -7 PM 3; 40 TERESA KIEEL~ COUHTYCL R ABALUP COUNTY BUTE OF TEXAS COUNTY OF GUAOALU~ FILED an tlq I osreM Vie Inslnxne<d Agile and al tlHt Erna slemped Iheieen anA WY OufY ~~ In the OAIdeI PU61Ia Reodde al (yedelupe C°e^M. T~e,°. ~JatY CpG ~~,i il5/LL.~Q 9,~ TERESA KIEL g ~ ~ Guadal~pa CoieNy Clxk 4°E