13-R-22 - Abandonment & Release of easement CottonwoodRESOLUTION NO. 13-R-22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ABANDONMENT AND
RELEASE OF A PORTION OF THE EXISTING DRAINAGE EASEMENT
IN THE COTTONWOOD SUBDIVISION AND AUTHORIZING A
STORMWATER DRAINAGE EASEMENT AGREEMENT WITH
OVERMAN PROPERTIES II, LTD., AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City abandon and release a portion of an existing drainage easement located in the Cottonwood
Subdivision and enter into a Stormwater Drainage Easement Agreement with Overman
Properties II, Ltd.; and
WHEREAS, the property is a thirty foot (30') drainage easement that has been created
and dedicated pursuant to plat recorded in Volume 7, Page 677 ofthe Plat Records, of Guadalupe
County, Texas; and
WHEREAS, the portion of easement to be abandoned and released is a tract of land
comprising 0.099 acres (4349.8 square feet of land) situated in the T. HERRERA, SURVEY b8,
ABSTRACT NO. 153, being a portion of Lot 4, Block 1, COTTONWOOD SUBDIVISION,
according to the map or plat thereof recorded in Volume 7, Page 677, Plat Records of Guadalupe
County, Texas; said Property being more particularly described in the attached Exhibit "A",
which includes a field note description and sketch of the portion of the Easement to be
abandoned, and which is incorporated herein and made a part of for alI purposes; and
WHEREAS, the City Cauncil has detei•~nined that it is in the best interest of the City to
abandon this portion ofthe existing drainage easement as outlined in Exhibit A and enter into
Starmwater Drainage Easement Agreement with Overman Properties II, Ltd. for a thirty foot
(30'} 0.0b6 acre drainage easement as outlined in Exhibit `B", which includes a field note
description and sketch ofthe new permanent easement; and
THAT:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Section I. The City Council hereby authorizes the City Manager to execute the
Abandonment and Release of Portion of Existing Drainage Easement as outlined in Exhibit "A"
and execute and deliver the Stoi~nwater Drainage Easement Agreement with Overman Properties
II, Ltd. as outlined in Exhibit "B".
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 controIling 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 b. It is officially found, detei~nined, 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 26th day of March, 2013
CITY CHERT S
- --~
ich e R. Carpenter, Mayor
ATTEST:
.,
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
ABANDONMENT AND RELEASE OF PORTION OF EXISTING DRAINAGE
EASEMENT
EXHIBIT B
STORMWATER DRAINAGE EASEMENT AGREEMENT
A-1
AFTER RECORDING RETURN TO:
Samantha Dyal
Fulbright & 3aworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 75205
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 THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
ABANDONMENT AND RELEASE
OF
PORTION OF EXISTING DRAINAGE EASEMENT
EASEMENT:
Thirty foot (30'} Drainage Easement having been created and dedicated pursuant
to plat recorded in Volume 7, Page 677 of the Plat Records, of Guadalupe County,
Texas.
EASEMENT HOLDER: City of Schertz, a Texas municipal corporation
EASEMENT HOLDER'S MAILING ADDRESS: 1400 Schertz Parkway
Schertz, Texas 78154
PORTION OF EASEMENT TO BE ABANDONED AND RELEASED {the "Property"):
A tract of land comprising 0.099 acres (4349.8 square feet of land) situated in the
T. HERRERA, SURVEY 68, ABSTRACT NO. 153, being a portion of Lot 4,
Block 1, COTTONWOOD SUBDIVISION, according to the map or plat thereof
recorded in Volume 7, Page 677, Plat Records of Guadalupe County, Texas; said
Property being more particularly described in the attached Exhibit "A", which
includes a field note description and sketch of the portion of the Easement to be
abandoned, and which is incorporated herein and made a part of for all purposes.
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration
For the consideration, Grantor hereby ABANDONS and hereby RELEASES the Property from
the Easement and from all other rights which Easement Holder may have in the Property.
signatures and acknowledgements on the following pages ]
50610784.1
EXECUTED to 6e effective this the ~ day of , 2013.
THE STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ,
a Texas municipal corporation
By:
Name: John C. Kessel
Title: City Manager
This instrument was acknowledged before me on the day of , 2013 by
John C. Kessel, as City Manager of the CITY OF SCHERTZ, a Texas municipal corporation on
behalf of such corporation.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
50610751.1 - 2 -
EXHIBIT "A"
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r~ Pc~lili~- Recoa~ of Gualcrpe C~l~nty, Tex, Cxa~~ why a ~' xa~til se# Ull
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a p~a~vs~cl t}.(' er~re clr~inaga a®eert, #tris de~~+ ~cscti~ri„ far tt'~ Ea~t~i`r1~a~t
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o~the said 11.~~4 axe tx't, t'at tt~ Norti-ui~rn ccsmcr o~tho lsxisting 30 drai~x
~n~nt, fur ~e l~ariilwetl ~r-n~ afiliia tir~in n~r1 #a be l~bz~id~atr~d.
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STATE QF TEYA"s
Ct}UNTY QF GUA4ALUPE
I, RESC L. HAGKE7T, 40 HEREBY CEizTfFY TFfAT '
THIS PLAT YIAS PREPARED FR01'.i Afd ACTUAF_ SURVEY
AiAGE DNy1FfE Gr~OUND AND VNDEi2 f~]Y SIiPERV15~c~+1,
RSr'~ I.. lA~if;.fQ:I'1' f2,P.~sr`. 11Fi;. ffe%S
RATE: 0.~-10-20112
PRB.£CT H4.: 2312.44
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PRQI~O~ED DRAINAGE SASS=ivfEfVT
ALD,iiG W1Tl-- A O.O.sa9 ACRE
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SITUATED IN 'IEEE T. FlERRERA SURVEY
SURVEY M4. 68, A85TR>1GT Nd. 753
eEIIVG A POR'TiCiN dF LOT 4, BLOCK 7
OF THE COTTOyWOW suBOn~lsla~l
AS SNOl4IN ON A p1~7 RECpRDfC1 EN
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RECORDS Or GUAQALUPE Cs3., 7i<7{p5
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