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13-R-37 SAWS Permanent Water EasementRESOLUTION NO. 13-R-37 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) PERMANENT WATER 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 (collectively the "Water Easement Agreement") 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 appraisal has been obtained for the property that will be covered by the Water Easement Agreement; and WHEREAS, the Grantee will pay the City the fair market value for the Water Easement, as determined by the appraisal; 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 Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section I. The City Council hereby authorizes the City Manager to execute and deliver the Water Easement Agreement 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 Agreement 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain conholling as to the matters resolved herein. Section ~I. This Resolution shall be construed and enforced in accordance with the Iaws 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 21st day of May, 2013. CITY O Carpenter, Mayor ATTEST: ` ~, ti Brenda Dennis, City Secretary (CITY SEAL) 50516746.1 EXHIBIT A WATER EASEMENT AGREEMENT 50516796.1 A- ~ ~+ = , ~~ ~ YDi4 t 03 P~070 t SAI~VSParcel: P1t-084A Pra~ect: SAWS Regional Carrizo Project r~~r.~~~~ 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 THE PUBLIC RECORDS; YOUR SOCIAL SECURITY NUMBER OR YOllR 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 OF 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, April 30, 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, including but not limited to an air relief valve, in, on, over and through the lands located in Guadalupe County, Texas as follows: BEING A 0.016 OF AN ACRE (6S6 SQ.FT.} TRACT OF LAND, MORE OR LESS, OUT OF THE T. HEItl2ERA SURVEY NO. 6S, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF A 5.659 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF-WAY OUT OF THE AIYIENDING PLAT OF KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1 P.U.D., A SUBDIVISION RECORDED IN VOLUME S, PAGES I-4, PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 5.659 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF- WAY BEING THAT SAME TRACT CALLED "TRACT 2" AS DESCRIBED IN A CORRECTION DEED WITHOUT WARRANTY EFFECTIVE APRIL 30, 2012, TO THE CITY OF SCHERTZ, RECORDED IN VOLUME ~t070, PAGE 776, OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 0.016 OF AN ACRE {6SG SQ. FT.) TRACT AS SHOWN ON THE ACCOMPANYING PARCEL PLAT, BEING MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (THE "EASEMENT AREA"}; YD~4 ~ 03 QGQ 7 02 Sr11vS Parcel: P1I-USdA Project: SAwS Regional Carrizo Project Nalcr ©elivery Pipeline 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 ~vith 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 tivithin said Easement Area; the right to remove. fiotn 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 fa- itself, its legal representatives, successors and assigns that no building of any kind 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 followi~~g terms, agreements, reset•~~ations, 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 Grantat•'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, provided, however, the foregoing shall not be deemed to prevent Grantee from constructing, maintaining and operating an air relief valve. 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 tivith the Benefited Property 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 Easement Area ot• any portion thereof. Y0~4 i 0 3 AGO 7 0 3 SAWS Parcel: Ptl-OS~IA Project: SAWS Regional Carrizo Project ~'Vater Delivery Pipeline 5. The Easement is ftat•ther made subject to the matters set forth on exhibit "S" attached hereto and incorporated herein far 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 6y 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 Easetr~ent 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 awning 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 retain and utilize contractors and subcontractors to perform work in the Easement Area. No easements, except those expressly set forth herein, steal! be implied by this agreement. 8, if either pa~•ty 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, inchtding, without limitation, reasonable attorneys' fees, caut~t 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. Kessel, City Manager With a copy to: Fulbright & .Taworski L.L.I'. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attention: Katherine A. Tapley ~a~4 ~ o~ ~~a~o4, SAWS Parcel: Pl1-084A Project: SAWS Regional Carrizo Project Water Delivery Pipeline If to Grantee: San Antonio Water System 2800 US 281 North, 2°d Floor, Tower I, Suite 226 San Antonio, Texas 7$212 Attention: Manager, Corporate Real Estate With a copy to: San Antonio Water System 2800 US 281 North, 6t~' Floor, Torver I San Antonio,-Texas 7$212 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 constt•ued 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 ottty to the extent permitted by} all applicable laves, 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 patties hereto. 13. This Easement may be executed in one or more counterparts, each of which shall be deemed au original, but all of which shall constitute one and the same instrument. TO 1-IAVE AND TO HOLD the above described easements and rights 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 trot otherwise, subject, however, to the matters set forth herein. EXECUTED to be effective as of the ~ day of , 2013 (the "Effective Date"). ~Signcrtures on the foldott~ing purges] 4 Ya~4 l 0 3 P~0 7 0 5 SIGNATURE PAGE TO PERMANENT EASEMENT -WATER EXECUTED as of the date of the ac[cnorvledgeinent to be effective, however, as of the Effective Date. GRANTOR: STATE OF TEXAS CITY OF SCHERTZ, TEXAS, €~ Texas municipal corporation By: n C. Kessel City Manager COUNTY OF GUADALUPE ~ r This instrument ryas aclznorvledged before me on tll.is ~ day of , 2013, 6y John C. Kessel, City Manager of the City of Schertz, Te~cas, a Texas municipa orpora#ion. (SEAL) ~~r S~-AAH E. GOtV7 ~ Nary P~blk State o. Teas Mycofi~. ~p.ia3i-ZOl6 Printed Name of Notary: , My Commission Expires: S-1 ~~ Y0~410 3 P60 7 0 6. SIGNATURE PAGE TO PERMANENT EASEMENT -WATER EXECUTED as of the date of the acknowledgement to be effective, however, as of the Effective Date. GRANTEE: San Autania Water System, a municipal agency By: Val T. Ruiz, Jr., Vice President / Op rations Services THE STATE OF TEXAS § COUNTY OF BEXAR ~ This instrumeirt was acknowledged before me on the day of , 2013 by Val T. Ruiz, Jr., P,E., as the Vice President /Operations Services of the San Antonio Water System, a municipal agency, on behalf of said agency. (SEAL} sut+~rr eu~w . NaOery Pabtb STATE OF TEXAS My ca~mr. ~. Feb. xi. gate ary u.blic in for the State of Texas Printed Name of otary: My Commission Expires: List of Exhibits: Exhibit A The Easement Area Exhibit B The Permitted Exceptions S-2 ~0~4~03 ~~o7a7 Exi~ibit "A" The Easement Area See allrtcfred strrve~~ plril rind ~elcl holes Exhibit "A" '~Q~ ~} ~ ~ ~ P60 7 D 8 SAWS Parcel: Pl 1-0$4A O~nrner: City of Scltertz Project Name: Sall Antonio Water System Regional Carrizo Project (RCP); Water Delivery Pipeli,ie SAWS lob No: 10-8607 Page 1 of 5 EXHIBIT "A" I+IELD NOTES for: a 0.016 of an Aere (686 SQ. TT.) Permanent Water Line Easement BEING A 0.016 OF AN ACRE (686 SQ. FT.) TRACT OF LAND, MORE OR LESS, UUT OF'THE T. HERRERA SURVEY N0.68, ABSTRACT NO.153, GUADALUPE COUNTY, TEXAS, ALSO BEING OUT OF A 5.059 ACRE VARIIABLE WIDTII DRAINAGE RIGHT-OF-WAY OUT OC THE AMENDING PLAT OF KENSINGTON RANCH ESTATES SUBDIVISION, UNIT 1 P.U.D,, A SUBDIVISION RECORDED ][N VOLUME $, PAGES 1-4, PLAT RECORDS OF GUADALUPE COUNTY, TEXAS; SAID 5,659 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF-WAY BEING THAT SAME TRACT CALLED °`TRACT 2" AS DESCRIBED IN A CORREC`I~ON DEED WITHOUT WARRANTY EFFECTIVE APRIL 30, 2012, TO THE CITY OF SCHER'I'Z, RECORDED IN VOLUME 4070, PAGE 776, OFFICIAL PUBLIC RECORDS OI+ GUADALUPE COUNTY, TEXAS; SAiD 0.0X6 OF AN ACRE {686 SQ, FT.} TRACT AS SHOWN ON THE ACCOMPANYING PARCEL PLAT, BEING I1~ORE PARTICULARLY DESCRIBED AS k'OLLOWS; COMMENCING for reference at a found %" irate rod ott the ztoxth Brie of a 66.335 acre tract called "Tract One" as described in an Assumption Warranty Deed dated December 13, 2006, to Cibolo Faun, LLC., recorded in Volume 2419, Page 21 1, official Public Records ofGuadalupe County, Texas, at the southwest corner ofLot 46, Block 6, Kensington Ranch Estates Subdivision, Unit I P.U.D., a subdivision recorded in Volume 7, Pages 228-230, Plat Records of Guadalupe County, Texas; Thence N. 59°26' I4". E., with the south line of Lots 46 and 47, Slock 6, the south 1u~e of Lot 1, Dlocl~ 1$ of said Amending PIat of Kensington Ranch Estates Subdivision, Unit l P.U.D., the south line ofsaid 5.659 acre variable widthdrainage right-of--way out ofsaid Amending Plat of Kensington Ranch Estates Subdivision, Unit 1 P.U.D., the north line ofsaid 66.335 acre tract, and the north line ofa 5,821 acre tract described itt a General Warranty Deed dated Febntary27, 2009, to the City of Schertz, recorded in Volume 2720, Page 537, Official Public Records of Guadalupe County, Texas, a distance of 1858.56 feet to a found'/z" iron rod with a yellow plastic cap stamped "B.M.13. INC., EASEMENT", at tljesouthwest cornerof a 0.815 acre water line easement recorded in Volume 3135, Page 756, Official Public Records of Guadalupe County, Texas; Thence N. 26°00'06" W., across said 5,659 acre variable width drainage right-af way, with the west line of said 0.81 S acre water line easement, a distance of 169.05 feet to a found 'lx" iron rod with a yellow plastic cap stamped "B,M.B. 1NC., EASEMENT", for an angle point; Y0~~410 3 ~~0 7 0 9 SAWS Paa'cel: P l l -084A Owner: City of Schertz Project Naitte: San Antonlio Water System Regional Garrizo Project (RCP}: Water Delivery Pipeline SAWS Job Na: 10-8fi07 Page2of5 Thence N. OS°53' 12" W., continuing across said 5.659 acre variable width drainage right-of--way, with tlne tivest line ofsaid 0.815 acre water line easement, a distance of 291.00 feet to a set'/~" iron rod witlt a yellow plastic cap stamped "B.M.B. 1NC., EASEMENT", for the southeast corner and POINT OT+ BEGINNING ofthe herein described tract; (l} Thence S. 84°06'48" W., conFinuing across said 5.659 acre variable width drainage right-of--way, a distance of 33.31 feet to a set %" iron rod with a yellow plastic cap stamped "B.M.B• INC., EASEMENT", on the west line ofsaid 5.659 acre variable width drainage right-of way, and the east line ofsaid Lot 1, Block 18, for the southwest corner of the herein described tract; {2) Thence, with the west line ofsaid 5.659 acre variable width drauiage right-of- way, and the east fine ofsaid Lot 1, Block 18, along a curve to the left having a radius of 398.82 feet, a central angle of 02°53'24", a chord which bears N. 12°00'22" W., 20.11 feet, and an arc distance of2D.12 feet to a set %" u•an rod with a yellow plastic cap stamped "B•M.B. ING_, EASEMENT", far khe northwest comer of the herein described tract; Thence, across said 5.659 acre variable width drainage right-of--way, the following two courses numbered (3} and (4}: (3) N. $4°06'48" E., a distance of 35.46 feet to a set %" i-on rod with a yellow plastic cap stamped "B.M.B. INC., EASEMENT", on the west ]isle of said 0.815 acre wa#er line easement, for the northeast corner ofthe herein described tract, from said point, a found '/" iron rod with a yellow plastic cap stamped "B.M.B. INC., EASEMENT", at an angle point on the west line of said 0.815 acre wafer line easement, bears N. OS°53' 12" W., 69.60 feet; (4} S. DS°53' 12" E., with the west line ofsaid 0.815 acre water line easement, a distance of 20.00 feet to the 1'OJtN`T ar BI;GII~INING and containing O.D16 of an acre (686 Snuare Feet} of Iand, more or less. Bearings based on NAD 83(93), Texas South Central Zone, Surface Goordinates, Scale Factor 1.00017. All distances are surface. A plat of even date herewith accompanies this metes and bounds description. Y~~ 4 ~ 0 ~ p~ ~ ! ~ ~ SAWS Parcel: P 11-OS4A 04vner: City of Schet-tz Pro~eet lVaine: San Antonio plater System Regional Can-izo Praject (RCP}: Water I~eliveiy Pipeline SAWS Job No: ]0-8607 Page 3 of5 T1FIE S'L'ATE OF TEXAS s 5 KNOW ALL iV1EN BY THES1~ PRESENTS: COUNT'4' OF BEXAR~~' That 1, Gregorio Lopez, Jr., a Registered Professional Land Stuveyor, do hereby ceitil~+tl~at the above description is tnie and correct to the best of 3x~y luiowledge and belief and that the property described herein was detenni~ied by a survey made on tl:ie ~•ound under my direction and supervision. `~ WITNESS M'Y LAND A~fD SEAL at San Antonia, Bexar County, Tcxas, this 13'x' day of May, 2013, A.D. ;~~ ,- ~ ~ 7~:~~g!~ ~~; f~~"' ,,..a,~ Bain Medina Bahl, lnc. :~- ~~53~~ ~~~ 7073 San Pedro Ave. San Antonio, Texas 78216 210-494-7223 Gregoria pez, Jr. Registers Professional Land Surveyor No. 5272 - State of Texas r z PII,pd4q 5ax9 Parcel: P11-084A 0+ln0t: CTFY OF SCtiERTZ P[PNq;[pi ^sf. Project Name: San Antan7o Water System `KAER LWE El~~EU.-Yf o'' Regional Calrizo Projeet (RCP}: Water Delivery Pipe&ne pAw ~ ~ A`~ \\ SAWS Job No : tp-8607 S ~' l6S5 54. FT.I \ 1 ~ to ~ ~~- as 11 ~ ,,c.'~ ! CfHldf N4ua5 l t ~ ~ N%.7710 PG.547, OP.R.C.Gi. r L07 1, @LC4Y IB ~ (fTt pt SUgT2 '+ LCLIm!! OPEN SAI$,( S,~ti ~:* ' l1~E~l~Y, PAW CI '4074, lWCf 2QPRG.CT. SITE LElSA.~GIQI! RwxN ESI,YIES~ ~'~ ~~ SUBa7r~A'L VNIi 1 P.V-0. [k',T!'r~ 4LaF. SCNERIZ YC,$~ 1~ PRr.C.T. ;aaP(~'S1-~RGC3. LOCATION P NDT TO scan PARENT TRACT hoT To scALE o ~ 1qa Scale: 1~ ~ 1011' MATGH 1111E PAGE 5 cekTTCC HGME5 ~ N ~ l ~ ~ , ~ euocx to YDL,2220, PG.502, O.P.R.C.C.T. ~ ~`, APPRf7XId1A1£ LL'.4'T5 ZY ZA'fC ilE : PER l N 1 1t71'FR Ar Af~N Rt175lAV RF ` y COAiA{Ok OPEN SPADE ~ ~ ~ i AI£51 CY£77 G~EfXJ 1 (7.71G ac.) ~` as sc~darrFO ro fFdfa rN ti ~ ~ ~~ 1 N / rt-e~e+~rrr2ol~ A>1EN01kG PLAT OF t ~ ~ l m u, c ~ KENSINGTON RAh'CFt ESTATES 1 /pty OE SC1~TtFZ `r5 1 ~,'~ ~'~~ SUBDMS[Ok, UNfi t P.U.P. - $ ~/ TWAT 2 ~ ~ ~~ ~ o VOL.B, PGS.i-4, P.R.G.C.T. LUL.4070, P,77y p.P.RG.C,T, o #~ l~~i G 4i'/ / VARIAB_E 4NDfrt DRAIH4G>= RO,W. ~ ++ ,1 ~ `z'r S ~~ qR~/ /l~ ` 0659 ~) / ~ ~~ ti'b~~~ 1 ~p ~3a•/ VCl.B, PGS1-4, P.R.G.C,T, 1 L 1 ~ / •~~. o / / ' j~%~ '~~ ° ~~. ASHLEY PLACE / 'r/ ~.! i'.1 `~, ~: `~ 1 ~ '~,~ '^ .~ ~ "'~°\ {~ ~\ 1 ~ SUBDMSION, UHFf i / / ~:(?. ~jC! ~ m n9~4-n ~~,~,~ 14~~' ~ \ VOL.§, PG5.24bB & 247A T 11-x; ' ~ 1 SRG C / / / ~ RIPRAT' ~'~ 4'n ~ \ Q~6 1 ~ `~ ` j , >\ ' Jow/ ta' 1' ' ~ yb `` / / ~ fC`'r ~\p~' Q\~F,\ b ~ GRY OF SCRERTZ / ~ 6• ~ ~ G.S- ~ ~ p 3,821 ACRES W. CORNER O~F ~ / ~\~~~b,~ 1~1f~g5aP0~ pp ~ / ~ °~~ ~ O. R G C T~7~ LOT 4Q bIOCK G (A 4Cr' / / `'nom~, f9 KENSINGTON RANCH 1 ~ ~`5~ OY`~ / ` ~' - r~r+ ~ ESTATES SUED. UNIT 1 / / / ~c~~ Y~, 1~ t POINT OF ~ ~ ~ l ~ , COMMENCEMENT cIBDLO FARl,{, LLC ~-~~+ REkAINDER OF TRACT 1 l~~ 68.335 ACRES IN R : YOL24T9, PG.2it, O.P.R.G.CT. kAD 83(93) TE}IAS STATE PLANE COORDINATES SOUTH CENTRtl. ZONE, SCP1E FA.CfOR 1.00017 RVEY PLAT SFi01tlING: A D.DtB DF AN ACRE (SSfi 50. FT.) TRACT OF LAND, MORE OR LESS, OUT OF THE L NERRERA SURVEY H0. 68, ABSTRACT N0, 153, GLl4RALUPE COUNTY, TEXAS, ALSO BEING OUT OF A 5.654 ACRE YARL4Bt.E WIDTH ORAlNACE PoCHT-OF-WAY OUT 4F 8L!)CK 78 OF THE AAiEHOINC PLAT OF KENSINGTON RANCH ESTATES SUBDMSION, UNIT 1 P.U.D., A SUBOM510H RECORDED IN VOLIfidE 8, pAGF5 1-4, PLAT RECORDS OF GUAOAI.UPE COUNTY, TDU15; SAID 5.b59 ACRE VARLABLE tYDTH DRAINAGE R[CIiT-0F-WAY, BEING TROT SAI,TE TRAL`T CALLl=6 TRACT 2 AS DESCRiBEp IN A CORRECTION DE® WRHOtJi WARRANTY EFFECTNE APRIL 30, 2012, TO THE CRY OF SCHERTZ, RECORDED IN YOLVAtE 4070, PAGE 77G, OFFICIAL. PUBLIC RECORDS OF GU4DALUPE COUNTY, TEJfAS. PREPARED BY: 8A1N tdEDlk4 BAIN, INC. ENGINEERS & 5llRVkYORS 7073 San Pedro Ave. Son Antonio, Telfa3 78218 218/44-0-7223 ` TLSF REG Na• taazD9-Da PAGE 4 OF 5 LEGEND • FOUND t/2' Id20N App ~+ FODHD 1/2' tRpN R4p S4i1}I YELIAW LA571C CAP " 7ALIP€O ~ ' B.TA,B. IkC. EASENENf OO SET 1 2' IRON ROD Wtlk YEU R PLA5RG CAP STA1 SpE0 _ , 'B.IA.B, INC FASETIENi' q wAS1EwATER t~1AttHOI.T: # Pp;4ER PALE -'~ SIGN -x--- WATER UNE -~- UNDEFIGROUND TELEPHONE ~--- SEWER LINE -a- CAS UNE SHE- OVER1iE11R ELEOTRIC -x BARBED YlIRE FENCE -o- CHAIN LINK FENCE ~~'-' EXISTI1iG R.O.W PROP05EO PARCEi. -~ OPE R LR1€ PR T Y P.R_C.C.L gg EE CI pp ~L GLDUT4IUP E R~ilk~lY. TDIAS O.R:G,C.T. pp pp 4llA P GE l U R~ M UU E 1l Y, Tl]fA5 O.R.G,C.T. ,, II pp~~ OGUAOALUPE~ C~DUt! YDFTEX115 OP,R,OC:T. F~ A TC ~ O yU ?E CaINIY, TFJG45 ~J.U J09 NO.: 55348 ~~~4 ~ D 3 ~~U f i SCHERTZ REFERE71CE5: THIS SURVEY WA5 PRCPAREO 1N CONJUNCTION YYTTFI, BUT N07 SOLELY RELYING ON, THE COMMITMENT LISTED BELOW. TRT_E CO1dMBT~ENT: FIRST NAnoNaL TRLE INSURANCE COMPANY FILE H0. 13-159283-SA EFFECTNE DATE AprR 24, 2013 ONLY THESE MATTERS AFFECTING tFiE AREA OF 5U8.lECT EASEMENT IDETIRFlEO IN SCHEDULE B OF THE TRLE COMMITMENT ARE SHOWN. TFiE 2.248 ACRE YARIABLE WIDTH DRAINAGE EASEMENT ALONG THE SOUTH LINE DE LDT 1, BLOCK #8 OF THE AMENDING PLAT DF KEHSINCiON RANCH F,STATES SUBDIVISION, UNTT P.U.D. RECORDE4 lH Y~.UUE S, PAGES i-4, PLTii RECORDS OF GUADALUPE COVNiI', Tt]fAS. DDS NOT AFFECT THIS PARCEL (REM S Oe) ALL TERMS, PRW1510H5, EASE1dENT5, COVENANTS, RESTRIGTI~15 AND LIEN FOR ASSESSMENTS AS SHOWN IN RESTRICTIONS RECORDED IN VOLUME 2406 PAGE 22J, VOLVME 24D7, PAGE 80, YCL.U>~E 2410, .PAGE 392, VOLUME 2645, PAGE 258, VOLUME 2606, PAGE 968, VOLUME 2749 PAGE 155, VOLUME 3135 PAGE b4, VDLUSU~ J165, PAGE 746. VOLUME 4000, PAGE 184, VOLUME 4D37, PAGE 239 AHD YOLUIUE 4046 PAGE 247 OFFTCU+.L PUDLIC RECORDS OF ~ CUAOALUPE~ COUNTY, Tla(AS, ao AFFECr TFRS FARCEE.. (REM IOL) THE 50' WIDE WATER UNE FASEA{ENT GRANTED To TITE CRY OF SAN ANTOHH), RECORDED IN VOLUME 3135, PAGE 755, OFFICW. PUBLIC RECORDS OF GUADALUPE COIIHTY. TDGIS, DOES NDr AFFECF THIS PARCEL. (ITEM 10g) THE 3D' WIDE TEMPORARY CONSTRUCnON EAS~MErIT GRANTED TO THE CRY DF SAN PIl~CedA PLRlra$In ~£ ~A'Al(R Lr.~ E~E!k!n avw yr Nr ereE F ~ 1E36 59. f[.1 S ~ ~l 1 ~ ~s 1 1L 11 CY.NICY FiJV.fS l 1 ~ JD[-2]14, PG.`41. 4PRGGT. LCr 1, S!CC% IB I ~ rr r + >z LONLIEII oFill fiPH.E p r sG E R 1F/C7 T (7.714 kL.) ~ 14L~A7p, }~7~~ 0.P.RGC1. n~r~ax eraT os / RENSYJCIOH PA4CH [SiL7E5 4A4^~E RDiN svaa v,Ar ! P.v.v. ER,a~ucE aae 'f018. PGSI-A RR,i.CT, Ls6se :C.) WLB. PG57-d, PRC£.f. Sows Parcel: Pit-OB4A Owner: CRY OF SCHERT2 Project Norge: Son Antonio Vfaler System Regional CarriTO Project {RCP}: Water Delnery PipeFne sAws rat! Na.: to-asD7 q 3g' too' stare: [' - Lea' +` ~ ,~l ,. ~~ i ~ 1~ ` ~~ppQ a.1~ /l~ 1 ~~ \ 5 Z2 t d~' fp'(E ~B ry~Q ~ g G ~l 1 ti~~ 5 ~' l ~ o'~ I~~a~ j ~, ~ cRY aF ~I-o`Rrz ~l ~ f~• / J~` TRACT 2 l , l Vt)Lg074, PC.775, O.PRO.C,T. ~~ ~ / ` DRpI~ Row ~, \ 9, (PG`.1-4, P.RC. s 7. Tt e,FA4n1~AU41£ L1A~AT5 QF 7~ ~E" F?<R 1 'lET7ER OF MOP Rfy.SCW l~GUEST 1 ,mil LEGEND * FOUND T/2'iRDN RCD FOUND 1 2' [ROH RDD WRH o yELLOw ~iASnc cfu7 STAMFED B.M.D. INC. EASEMENT' SET 1~2' IRON ROD WRH ® YELLON PLASf1G CAP STWs4PED B.M.D. IHC. EASEMENT' ~ WASTET'lATER MANHOLE -} PawER PDEE -'- SIGN ~~- WATER LR1E -N- UNDERGROUND TELEPHONE -~- SEWER LPIE --cL-- GAS LINE -fly- OVERHEAD ELECTRIC -X- BARGED WIRE FENCE -o- CHARV LINK FENCE --- LIOSTING R.o.W FRDFOSED FARCEL -R PROPERTY LINE P.R.C.C,T. PLAT RECORDS OF GUADALUPt: COUNTY, TTXAS D.R.G.G.F. ~ER E~~ U O { V CO P I Y, TESIAS O,R.G.C.T. ~j~E C~OI1~NtY~ TEj(AS O,P.R.GC.T. ~~g F d EC OU D D JADALUP C HPf, TEXAS (61£57 Arf77 CRI•CXJ ~~ ~" p] ]-O84A 1 as sLrasarrEn io ~~ m I` ~,~1 PEF3hINJENT ~ ~ . zo6r } ~l.>~ wATEfi uNE ~ASf~r~E~rr~ ~~, 1 BLOCK 1B Iy~, ~ -~ ~ f T f`:: 1 ~''' ~ "~ . `, 0.Q]6 OF AN ACRE ', ~~ ~ 1 I~~l l,~~~ ~ , (fs86 SQ. FT.) ~ ~ N°- POINT OF ~°' I ; r ` `' I"'~~ ~ ~ ~ , ~ ~ BEGINNING L,~~ :~ I ~ ~. , ct° ~ ~ 4 1 ~ 1 \ titt.] ~~ ~~QI ~~~1 `y ~ \ `*'~zb cw„n~ ~. 1 ` ANLOh[[0, RECQROFS3 RBI lAOLUMF. 3135, PAGE CENTE7f HD1AE5 ~ ` ~+~+°i ;h I ~ ~~ , 7&9, OFFTCNL PUSTIC RECORDS OF GUADALUPE COUMY, TEXAS, DOES NOT AFFECT TL115 YOL,2220, PG.562, O.P.R,G.C.F. y ~ l ~ ~ ~„ ~~Q ~ ~~~ . ,~~~1 PARCEL {ITE6i f Oh) LOT 1, BLOCK 18 1 COMNON OPEN SPACE f ~ ~ Y [ ]o _oC".r-~ a u Az ~~I `q yro~~I ]DOTS YEARnFL00DPiA1CN AECORDiNG~TD FEMAE (1.710 AC.) ~ t ~ ~ Or~•la ~ qz~n` 1~~~ EL jj48187CD210F DATED NOVEMBER 2, A5iF1dD1NC PLAT OF KEN5RJGTON RANCH ESTATES a l `~uG ~ k K'~ 2~ ~ ~ , ~ ~ n 1 ~~ Y SUBDM5fON, IINTF 1 P.UA. 1 ~^ ~,~ VOLI9~PGS.1-4, P.R.O.C.T. ~ `$ ~ ..tom ~' , 1 ~-`, ~-` MATCH LINE FACE 4 BEARING SOURCE: HAD 83(93} TEXAS SPATE PLANE C40RDINATES SOUTH CENTRAL. ZONE, SCALE FACTOR S.DOD17 PLAT SLOWING: A O.DIB OF AN ACRE (aE6 SQ_ tT.) TTIACT OF LAND, LIORE OR LESS, OUT OF THE T. HFAR[RA SURVEY H0. 68, ABSnTACi NO. 153, GUADALUPE COUNTY, TE1(RS, ATSO BEING OIJi OF A 5.859 ACRE VARIABLE WIDTH DRAWACE R1GHF-OF-WAY OUT OF l1LOCK i8 OF THE AMENDING PLAT OF KT?ISiNDTOH W+NCN ESTATES SUBDV10510N, UNIT 1 P,U.D„ A SUB0IVISIOH RECORDED IN Vl)1.UME 11, PACES 1-4, PLAT RECORDS OF GUADALUPl; COUNTY, TF](A5; SAJD 5.859 ACRE VARIABLE WIDTH DRAINAGE RIGHT-OF-WAY, BE1N4 TfWT SAME 7RA.CT CALLED TRACT 2 AS DESCRIBED IN A CORRECTION DEED WRHOUT WARRANTY 13-FECiNE APRIL 30, 2012, TO 7NE CDY OF SCHERIZ, RECORDED IH VOLUME 4070, PAGE 776, OFITCIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TI7fAS,,,,_ PREPARED 6Y: BA1H Mllk R4 BAIN, LNG. ENGINEERS & SU I 7073 San Pedro Rva. San Antonio, Taxas 78216 21(1/494-7223 7LSF REO No, 1011209-00 ~f' os c ~`qa~ L aQ Fd `;C[1 rma.~.i,_„a.ai., ~ ~~~z~ ~ 31 Gi' ` SE~Q k G- ti4Pq~$ ,7/ / / / i6~5~/ /~ yp~j ~ / ~~ l F, ~ } LINE TASLE UHE UEAPoHG LENGTH L1 584`0a'48W 33.31' L2 Na4'0G'48'E 35.46' L3 SD5'S3'12'E 20.00' CURVE TABL>= CURVE RADNIS LENGTH DELTA CHORD BEARING CHORD DIST. C1 398,92' 20.12' D2'53'24' H1YOD'22'W 20.11' STATE OF TEXilS j COUNTY OF efXAR THIS SURVEY PLAT WA5 PREPARED FROM AN ACTl1AL SURVEY MADE DN THE GROUND UNDER MY 5UPERViSfOH. THIS 13TH lulY OF LIAY , 2013 AD. Gregario Lo Jr. Registered ofassionvl Land 5urveydr ~ ~F ~ No. 5272 5tato of Texas ,rog NO.: S-5348 y~~4~o~ ~~07~ >Cxhibit "I3" Permitte[1 >Cxceptians 1. The easement(s) and/ar building line{s} affecting the subject property as shown on Map or Plat recoiled in Volume S, Pages 1-4, Map and flat Records, Guadalupe County, Texas. 2. The terjns, provisions, easements, covenants, restrictions and lien for assessments as shown in Restrictions ~•ecorded in Volume 2406, Page 223, Volume 2407, Page 80, Volume 2410, Page 742, Volume 2645, Page 258, Volume 2606, Page 968, Volume 2749, Page 155, Volume 3135, Page 64, Volume 3165, Page 746, Volume 4000, Page 184, Volume 4037, Page 239, and Volume 4046, Page 247, Real Property Recards, Guadalupe County, Texas; when taken with all Amendments andlor Supplements thereto. ~~ onto ~G~`~erz S~ s ~-~~l ~~~ ~~ ~ a ~ ~~,~ td, c ~ ~? ~~~ g '~` ~"~' i ~l~ '~P~Ct c~ ~C `f~~1 ~ FILFD FOf~ RECORD 13 JEST 26 P~! 3~ 45 TERE5A KIEL COU~1"Y G EBK GUAR~ILUI'F E;OUNtY BY._. ~ t3TATEQr E~.xr~4 C9U9eSTY 47F ~EJADf1tc~PF I ~rtiiy Uus inalrum~nl was ~itE:~, pn l~c+ leis and ®11ha tlmt~ slammed Iheroon @r~ was duly raaorded rn t-r~ t~csm ~ut~i~ ~eaorda a1 G~~ad~iup® Cawdy, Texas UO~~y~Y CpG~ ,,}t~4.l~' t€4dC5A K}Et .~~~...~'.IJa Ex4l~blt ~~LSSr