14-R-06 - Hubertus Retail Subdivision Easement AgreementsRESOLUTION NO. 14 -R -06
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A
PERMANENT STORMWATER DRAINAGE EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT IN THE HUBERTUS
RETAIL SUBDIVISION AND AUTHORIZING A STORMWATER
DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT WITH RIATA LAND, LTD., AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City authorize the acceptance of a Permanent Stormwater Drainage Easement and a Temporary
Construction Easement (the "Easements ") in the Hubertus Retail Subdivision and that the City
enter into the Stormwater Drainage Easement and Temporary Construction Easement Agreement
set forth on Exhibit A (the "Agreement') with Riata Land, Ltd. in connection therewith; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the acceptance of the Easements and to enter into the Agreement with Riata Land, Ltd.;
and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
Noir.1
Section 1. The City Council hereby authorizes the acceptance of the Easements and
further authorizes the City Manager to execute and deliver the Agreement with Riata Land, Ltd.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 7th day of January, 2014.
4077 S
i acl R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
STORMWATER DRAINAGE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
A -1
for all purposes (the "Permanent EaSQM6 {" ) , and being a
tract of land of the Grantor more particularly described it
No: 200606.003130 of the Official Public,Rewrds of Corr
(2) A tempo a ynon- exclusive construction easement and
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 Stormwater, Drainage
Facilities, nor shall any such persons erect or permit the erection of any buildings, 11 . slabs, .structures, or other improvement within the boundaries of the Permanent
Easement, or which would otherwise interfere with the St
ormwater Drainage
Facilities' continued use and maintenan ce. 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 ri ght to remove such
building, slab, structure, or improvement to allow, for the construction, operation,
maintenance, or repair of the Stormwater prainage Facilities. The Grantee shall,
however, take reasonable precautions to preserve any mature trees existing within
either. the Permanent Easementer,, the Construction Easement, and shall notify
Grantor prior.,to the removal of any specimen greater than six (6") inches in
diameter which is included on any preferred tree list maintained by the City of
Scheifz. Grantee shall bo fully responsible for any required tree mitigation as a
result of the work. To the extent that construction of the Stormwater Drainage
Facilities results in the removal of brush from the Easements, the Grantee shall 11
arrange 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
construction of .the Stormwater. Drainage Facilities for the Grantee to enter the
Grantor's Premises for the purpose o£ maintaining, repairing, operation, or
condition that it was in prior to such entry to the full extent reasonably practicable
(6) The Easements are further made subject to all validly existing easements, rights-
of wav - rnnrii4inna :rwe4rinkinna.nn..oa....a.. ...::a•.a,..i�i:.- : -,.�__ t.__ -.a.
Executed to be effectiye as of 2014 (the "Effective Date").
[signatures and acknowledgements on the followingpagesl
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
RIATA LAND, LTD., a Texas limited partnership
By: Int
By:
Name:
Title:
50310407.1 _ - , -4-
MARY r Pubr Notaazy Public, in and for
NoforyyPUbno The State of Texas
&ala ofTexae
MVComm.k p.10 /1�!?af6
My Commission Expires; 110
50310407.i 5 -
The undersigned joins in the execution hereof to evidence its consent hereto and to
subordinate its liens to the terms and conditions set forth herein.
TIE; AMERICAN
TEXA0
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF ft &F
NATIONAL BANK OF
BEFORE ME, the undersigned authority, on this day personally appeared
t , the40&na CQd —V(.0i Jof THE AMERICAN NATIONAL
BANK O'F TEXAS, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of said
bank.
under my hand and seal of office this theM day of 0001 {ALA 2013.
KAYLA WGREGGp
My Commission Expires
October 19, 20,15
[END OF SIGNATURE
J/
IT
�i � e
CNN,G, •
50310447.1 - 7 _
EXHIBIT A
Permanent Easement
--
MACINA+ Boar eCOPELAND mini ASSOOIAT66,INO - -
'
OONSULTINO 9NOIN8CRS ANO LAND SUAVPYORS - -
-,- -
''lcvn{fI00111"m Enpin°whO. FWk P-784 -
-
'E M N S G'Rs
1035 Ct ilml Paihv y N°nl S1i]AW4P10,
- 1210) 595.1132 FA'St
TYxu 78233 - -
2101 645.9702
-
'Wwu:m8tan01nenFa.t°nl '
-
METES AND BOUNM
- -
ONscilIPTION o[' - - - -
71.0,9007 OF AN ACRE (422 SQUARE FEET) TRACT OF ],AND OUT OF A
GA1,ILp 73,323
ACRE .TRACT, A43 RmCORou IN DOCUMENT, NO.
200606003130,
OP.THE OFFICIAL PUBbIC RECORDS,. COMAL COUNTY, -
TEXAS; OUT OF
WIN R, GARZA SURVMY NO, 90, ABSTRACT NO, .175, - -
(:OMAI COUNTY,
.SI'TUATMI1 IN 1'NE CITY :OF SCNERTZ;` TEXAS, AND BEING
MORE PARTICULARLY WSCRIBED IN A CLOCKWISE MANNLR AS IiC).LI.OWS: -- - -
CO,'&SB9•ICII7PS; _
At a found 15 „- . -1,ron rod and Ct1)1 °NBC`• said fsund
43” iron. rod being the northweei; corner of Lo 't .2,
NUburtUN Re tail Subdivasaon., its recorded in - - -.
Document No. 2D0706022444 of the Official. Public
--
ROCOrdS, Cymal County, Texap, "said found �t "'iron -
rod, being i:he northnnat corner of said called
73.323 acre tract, acid found W iron rod aleo
being,on the southern right-of-way line.o£
InCerstate Ilighway 35 (a Public, right-9f -WQy
-
TNLNCE:
S 30 °15'131'.6, 12.56 feet, leaving Lhe.aauthern
XIght-Of -way of said Intexatate Highway 35, along
_- -. -
and with the .6o jOn like of ur]id i,oe ;2, 9lubei CUS -
ROtah StllxilvislOn..alTd said Called 73.32:9 Acre
Trtact-j to a point, at the point of beginning of
this Cract;
- J HENCF;:
S 30 °15' 151131"R -15.07-feat, along and With t;hO - -
common ltnO oi'.:said Lot. t7, jjubbrtus AeCa;il
Subdivision and as id 73.323 acre tract, to ,
&.point!
THENCC;
5.12 ieoi,,loaig o common 65 °09'00" W, 2 .'
line sa. d Lot 2, flubettUS Retail $mbdiVlsion
and 0aid called! 73,323 Hero CracL, to a!0 ointl
Ti1GNCE]
N 30 °15'13" W, 15,07 toot, Lo a point; '
Pap 1 of 3
Y, \t°°p1 W0]18- IIuOtUU+nt{Ni°a
\h4tter° \0.0047 A° 110t17.do x
_ - .50310407.1
it
I
THENCE N 65009100" E, 20.12 feet, tp GhU .point, of
beginning of this tract.
"This description is batlecl on the Land Title Survey and,plaL
made by Joe Edtrabd.liiglt #9700 Registered
.Fryfess,tonal Surveyor
on November 9, 2013"
T■ Joe Edward Higle, [ieglstorOd Professional Land ,Surveyor do
hereby affirm that this description is based on the resu].LS of a
survey made on the ground by the firm of Maci.na, Bose, Copeland
and Associates, Inc.., of which 1 sury �a� }�a.a been prepared.
y�4tyl�iA7�gn ?"�
1' YY j�uN I�r_.C�� --•col
tr C,
N0, 97
V0 L1HA SUREYOR
3011!3 -Gems 1
November 9, 2413
JEH /nt
y
OEIEN7101Y POND
F1
Of
Jo'
Co
ai
TE
20
1
Honorable Joy Streeter, Coma[ County Cleric
Coma] County TX
150 N. Seguin, Suite 101
New Braunfels, TX 78130
Phone: (830) 221 -1230
Receipt for Services
Cashier TERM Batch 4 218816
Date: 01/23/2014 Time: 09 :58:54AM
Customer Name GRACY TITLE CO
100 CONGRESS AVE STE 100
AUSTIN, TX 78701
Date Instrument No Document Type Transaction Type GF Number Pe /Amt
1/23/2014 9:58:54AM 201406002433 CASEMENT 12
Total: $65.00
Fee Total: $65.00
CiiECK 23215168 TR 65.00
Payment Total: $65.00
Page 1 of 1
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: January 7, 2014
Department: Public Works
Subject: Resolution No. 14 -R -06 - a Resolution
authorizing the acceptance of a Stormwater
Drainage Easement and a Temporary
Construction Easement and authorizing a
Stormwater Easement and Temporary
Construction Easement Agreement with Riata
Land, Ltd.
BACKGROUND
As a part of the development of the property, the City's regulations require that the Developer,
SCC Development Company, LLC (the "Developer ") provide to the City a Permanent Stormwater
Drainage Easement to discharge stormwater. This easement will be located on a downstream
property owned by Riata Land, Ltd. (the "Owner "). The Developer is developing the property for
the Hubertus Retail Subdivision located on IH 35 and FM 1103. The Developer will pay the
Owner in a private third party transaction an amount negotiated between the Developer and the
Owner so that the Owner will grant the easement to the City. The owner is granting the City this
easement so that the City can monitor and regulate the stormwater discharge that will pass through
this easement to ensure that city and state regulations are met. The easement formally
acknowledges that there will be additional stormwater runoff on the property. In addition, the
Owner will grant a Temporary Construction Easement that will be utilized to construct the
detention pond on the easement property.
Goal
To accept a Permanent Stormwater Drainage Easement and a Temporary Construction Easement
from Riata Land, Ltd. and to approve the casement agreement granting the easements to the City.
Community Benefit
The easement formally acknowledges that there will be additional stormwater runoff on the
property and allows the City to monitor and regulate the stormwater drainage that will pass
through this easement to ensure that city and state regulations are met protecting life and property
downstream.
Summary of Recommended Action
Staff recommends Council approve the resolution authorizing a Permanent Stormwater
Drainage Easement and a Temporary Construction Easement from Riata Land, Ltd.
FISCAL IMPACT
No fiscal impact to approve the Permanent Stormwater Drainage Easement and Temporary
Construction Easement Agreement.
RECOMMENDATION
Staff recommends Council approve Resolution 14 -R -06
ATTACHMENTS
Resolution 14 -R -06
Permanent Stormwater Drainage Easement and Temporary Construction Easement Agreement