14-R-08 - Weiderstein Road Waterline EasementRESOLUTION NO. 14 -R -08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN
AGREEMENT FOR A PERMANENT WATERLINE EASEMENT ALONG
WIEDERSTEIN ROAD FROM SAN ANTONIO ONE AND SAN
ANTONIO THREE, MICHIGAN LIMITED PARTNERSHIPS IN
CONNECTION WITH THE WIEDERSTEIN ROAD WATERLINE
PROJECT AND AUTHORIZING THE ACCEPTANCE OF SUCH
PERMANENT WATERLINE EASEMENT BY THE CITY IN
ACCORDANCE WITH THE TERMS OF THE DEDICATION
AGREEMENT, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City (1) enter into an agreement for a permanent waterline easement with San Antonio One and
San Antonio Three, Michigan Limited Partnerships (collectively, the "Grantors "), in the form
attached hereto as Exhibit A (the "Agreement'), for the dedication to the City of a permanent
waterline easement containing approximately 1.125 acres as more particularly described on
Exhibit B attached hereto (the "Permanent Waterline Easement'); and (2) accept the dedication
of such permanent waterline easement in accordance with the terms of the Agreement; and
WHEREAS, the City of Schertz needs the permanent waterline easement to complete the
installation of the waterline on Wiederstein Road; and
WHEREAS, the City staff acknowledges that it is in the best interest of the City to enter
into the Permanent Waterline Easement Agreement with San Antonio One and San Antonio
Three, Michigan Limited Partnershps; and
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 Agreement with the Grantors in substantially the form set forth on Exhibit A and to
accept the dedication of the Permanent Waterline.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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, 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 4th day of February, 2014.
CITY HE EXAS
Michael R. Carpenter, Mayor
ATTEST:
a Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
PERMANENT WATERLINE EASEMENT AGREEMENT
F.w
EXHIBIT B
LEGAL DESCRIPTION OF THE PERMANENT WATERLINE EASEMENT
11-951
kQIb � ® ®2554
� � YGL4 193 PG0479
WATERLINE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT San Antonio One and San Antonio Three, Michigan Limited Partnerships (the
"Grantors "), for and in consideration of the sum of Ten and No /100 Dollars ($10.00) 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,
(1) 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 "Permanent Easement "), and being a 1.125 -acre
portion of that 196.879 -acre tract of land of the Grantor more particularly described in that
instrument recorded in Volume 979, Page 475 of the Official Public Records of Guadalupe
County, Texas (the "Premises ") (the "Easement "). The Permanent Easement is granted for the
purpose of constructing, operating, maintaining, and repairing a waterline (the "Waterline ").
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
(1) The Permanent Easement herein granted shall be located across a 16 -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 Guadalupe County, Texas, of an instrument by which
- the Grantee, or its successors or assigns, as applicable, abandons and releases the
Permanent Easement.
(2) 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 erect or 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, structures, 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, structure, or
improvement to allow for the construction, operation, maintenance, or repair of
the Waterline. The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within either the Permanent Easement. To the
extent that construction of the Waterline results in the removal of brush from the
Easements, the Grantee shall arrange for the disposal of the brush at the Grantee's
sole cost and expense.
KINDIMIC
YGL 419 3 P00 4 8 0
(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 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 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, buy not otherwise, subject, however, to the matters set forth herein.
Executed to be effective as of t 1201 t (the "Effective Date ").
[signatures and acknowledgements on the following pages]
50310413.1 - 2 -
VOL 419 3 P00 4 81
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
:: ► OR
San Antonio One and San Antonio Three
Limited Partnerships
By: /,�6�+tiG� / /,U
Name: Charles A. Forbes
Title: General Partner
THE STATE OF MICHIGAN
COUNTY OF WAYNE
This instrument was acknowledged before me on the 12— day of December, 2013 by
NoAes P. as (mural blcvn of ' um Ah 'unit) One f � Al&)'I0 T k-fm , on
behalf of such GsirRc%it
(SEAL)
4 ot ary Public i and for
The State of Michigan
My Commission Expires:
�1cIMi
a
M100iMM111" or 1
AetM M1 M Oo
50310413.1 - 3 -
VO14193 P00482
GRANTEE:
CITY OF SCHERTZ
John Y. Kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the 01day of —ffkw—N 20145y
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
eeeaeee
SARAH E. GON7nt F7
Notary poblk
State of Texas
My Comm. Exp.101 -2016
AFTER RECORDING RETURN TO:
City of Schertz
Brenda Dennis, City Secretary
1400 Schertz Parkway
Schertz, Texas 78154
Notary Public in and for
The State of Texas
My Commission Expires: I V �1 gol
50310413.1 - 4 -
1.125 ACRES
(98,999 Sq. Ft.)
103161- 50001TI.dwg
EXHIBIT A
Permanent Easement
VOL4193 P6O483
FN NO. 103161 - 50001 -11
December 09, 2013
JOB NO. R0103161- 50001.92
FIELD NOTE DESCRIPTION
VARIABLE WIDTH WATER LINE EASEMENT
FOR A 1.125 ACRE (98,999 Sq.Ft.) OF LAND SITUATED IN THE CITY OF
SCHERTZ, COMAL COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN
TRACT OF LAND CALLED 200.198 ACRES IN DEED OF RECORD CONVEYED TO
SAN ANTONIO ONE LIMITED PARTNERSHIP, A MICHIGAN LIMITED
PARTNERSHIP, IN VOLUME 979, PAGE 975 OF THE DEED RECORDS OF
GUADALUPE COUNTY, TEXAS; SAID 1.125 ACRES BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING
REFERENCED TO THE NORTH AMERICN DATUM 1983, TEXAS COORDINATE
SYSTEM, SOUTH CENTRAL ZONE:
COMMENCING, AT A FOUND TEXAS DEPARTMENT OF TRANSPORTATION BRASS
DISK IN CONCRETE LOCATED AT THE NORTH END OF A CUT -BACK AT THE
INTERSECTION OF THE EASTERLY RIGHT -OF -WAY LINE OF WEIDERSTEIN
ROAD (COUNTY ROAD 382, R.O.W. VARIES) AND THE SOUTHERLY RIGHT -
OF -WAY LINE INTERSTATE HIGHWAY 35(R.O.W. VARIES);
THENCE, S O1° 03' 25" W, 50.62 FEET, ALONG SAID CUT -BACK LINE,
TO A POINT, HAVING A GRID COORDINATE OF (N = 13,760,309.52, E _
2,205,270.37), FOR THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT OF LAND;
THENCE, ALONG THE NORTHEASTERLY LINES OF THE HEREIN DESCRIBED
TRACT OF LAND AS FOLLOWS:
S 32° 25' 20" E, 82.49 FEET, TO A POINT FOR CORNER;
S 780 08' 29"
S 330 08' 29"
S 110 51' 36"
S 310 14' 25"
S 760 19' 32"
S 310 19' 32"
E,
E,
W.
E,
E,
E,
70.16 FEET, TO A POINT FOR CORNER;
22.35 FEET, TO A POINT FOR CORNER;
69.29 FEET, TO A POINT FOR CORNER;
977.63 FEET, TO A POINT FOR CORNER;
7.25 FEET, TO A POINT FOR CORNER;
14.697 FEET, TO A POINT FOR CORNER;
PAGE 2 OF 2 VOU419 3 POO 4 8 4
S 130 40' 28" W, 7.30 FEET, TO A POINT FOR CORNER;
S 310 14' 25" E:, 1637.46 FEET, TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID CALLED 200.198 ACRE TRACT, FOR
THE MOST SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED
TRACT; SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT -OF-
WAY LINE OF WEIDERSTEIN ROAD (C.R. 382)(RIGHT -OF -WAY
VARIES);
THENCE, S 590 59' 24" W, 16.00 FEET, ALONG THE NORTHWESTERLY
RIGHT- OF-WAY LINE OF SAID WEIDERSTEIN, ROAD (C.R. 382) AND THE
SOUTHEASTERLY LINE OF SAID CALLED 200.198 ACRES, TO A POINT FOR
THE SOUTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT; SAID
POINT BEING THE SOUTHEASTERLY CORNER OF A CALLED 16 -FOOT WATER
LINE EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE
GUADALUPE COUNTY DEED RECORDS;
THENCE, ALONG THE NORTHEASTERLY LINES OF SAID 16 -FOOT WATER LINE
EASEMENT AS RECORDED IN VOLUME 1635, PAGE 730 OF THE GUADALUPE
COUNTY DEED RECORDS AS FOLLOWS:
N 310 14' 25" W,
N 340 57' 27" W,
N 320 25' 20" W,
N 010 03' 25" E
CONTAINING 1.125
OR LESS.
AIX
2644.86 FEET, TO A POINT FOR CORNER;
50.51 FEET, TO A POINT FOR CORNER;
123.58 FEET, TO A POINT FOR CORNER;
29:00 FEET, TO THE POINT OF BEGINNING,
ACRES (48,999 SQUARE FEET) OF LAND, MORE
HAL B. LANE III
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NUMBER 4690
BURY -SAN, INC.,
922 ISOM ROAD, SUITE 100
SAN ANTONIO, TEXAS 78216
210/525 -9090
FILED FOR RECORD
14 FEB 13 PM 1: 44
COUNTY CLERKGUADALUPE COUNTY
B
STATE OF TEXAS
COUNTY OF GUADALUPE
I tartly tN$ Instrument was FILED on the
date and at the tlme stamped thereon and
wee duty recorded In the OlAdal Publlo
Records of Guadalupe pCou�nty, Texas.
pJNIY Cp` VWw�' 4M
V ?r
o H
> .t` TERESAKIEL
°vY Guadalupe County Clerk