14-R-04 - Marcantonio Enterprises - Town Creek SewerlineRESOLUTION NO. 14 -R -04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING ONE (1) SANITARY SEWER
EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH MARCANTONIO ENTERPRISES, LLC FOR THE
USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE
TOWN CREEK SEWERLINE EXTENSION PHASE III PROJECT ON FM
482, 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 sanitary sewer easement and one (1) temporary
construction easement (collectively the "Sanitary Sewer Easement and Temporary Construction
Easement Agreement') with Marcantonio Enterprises, LLC for the use, benefit, and control of
the City; and
WHEREAS, the City is constructing a sewerline extension on FM 482 and the easements
are necessary to complete the project; 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 Sanitary Sewer Easement and Temporary Construction
Easement Agreement attached hereto as Exhibit A.
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 Sanitary Sewer Easement and Temporary Construction Easement Agreement 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 Sanitary Sewer Easement and
Temporary Construction 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 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.
WN NSA
ATTEST:
C�1NA�t� mark
Ada Dennis, City Secretary
(CITY SEAL)
50715774,2
EXHIBIT A
SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT
50715774.2 A -1
201406008076 03/11/2014 03:46:08 PM 1/11
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
/ YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
/r� INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
V REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SANITARY SEWER EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF COMAL §
THAT MARCANTONIO ENTERPRISES, a Texas limited liability company, (the
"Grantor "), 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 Comal County, Texas, as more particularly described in Exhibit A attached hereto and
incorporated herein for all purposes (the "Permanent Easement "), and being a 0,205 -acre portion
of that 6.8190 -acre tract of land of the Grantor more particularly described in that instrument
recorded in Volume 895, Page 273 of the Official Public Records of Comal County, Texas (the
"Premises "), and (2) a temporary non - exclusive construction easement and right -of -way upon
and across a 0.305 -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 sewer line (the "Sewer Line "). The
Construction Easement is granted for the purpose of facilitating the construction of the Sewer
Line.
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 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) tile execution and recordation in the
Official Public Records of Comal 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 25 -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
50713898.2
Sewer Line construction, or (b) nine (9) months after commencement of
construction, 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
construction and installation of the Sewer Line within the time frame provided
above by reason of the acts and /or inaction 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 construction and
installation of the Sewer Line 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 Sewer Line, 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 Sewer Line'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 Sewer Line. The Grantee shall, however, take reasonable precautions to
preserve any mature trees existing within either the Permanent Easement or the
Construction Easement. To the extent that construction of the Sewer Line 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.
(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 Sewer Line for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operation, or altering the Sewer Line 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 fill
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)
50713898.2 - 2 -
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 Comal 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 Lento 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 _yt .��z y ( L , 201 y (the "Effective Date ").
[signatures and a cknowledgernents on the following pages ]
50713898.2 -3 -
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
MARCANTONIO ENTERPRISES, LLC,
a Texas limited liability company
By:
Name: Ralph Marcanto io
Title: President
THE STATE OF�S _ §
COUNTY OF�� §
This instrument was acknowledged before me on the day ofq�( 2013 by
Ralph Marcantonio, as President of Marcantonio Enterprises, LLC, a Texas limited liability
company, on behalf of such limited liability company.
(SEAL)
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CYNTHIA ANNE RALEIGH
* *
No Public
® State of Texas
a Comm. Exp. 02.11.2o16 y
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Notary Public m nd for
The State of���
My Commission Expires:' 11 - 0?1)15
50713898.2 - 4 -
GRANTEE:
CITY OF SCHERTZ
�r �
Jolu C. Kessel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the I nay o&,�(j�UGiY , 201+ by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
Mm7:
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Norton Rose Fulbright
300 Convent Street, Suite 2100
San Antonio, Texas 78205
laM
hNotaryblikein and
The State of Texas
My Commission Expires: I v 3 O
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50713898.2 A -1
i
Date: December 19, 2013 Page 100
Project No: 1124.260304
Variable Width Sanitary Seaver. Easement
A 0.265 acre (11,540.8 sq. ft.) variable width sanitary sewer casement situated in the
Rafael Oars Survey No. 98, Abstract No. 175 and being a portion of that certain 6.819
acre tract of land conveyed to Ralph Marcantonio recorded in Document No.
200606032025 of the Official Public Records of Comal County, Texas and being more
particularly described as follows:
BEGINNING: at a'/ inch iron rod found on the Southeastern line of Union Pacific
Railroad right of way line for the Northwestern corner of the said 6.819 acre tract, the
Northeastern comer of that certain 10.01 acre tract conveyed to Lloyd D. Geier in all
Affidavit of Heirship recorded in Volume 805, Page 273 of the Official Public Records of
Comal County, Texas, for the Northwestern comer of this easement;
THENCE: N 69 003'24" E — 560.28 feet along the Southern line of the said Union
Pacific Railroad R,O,W, line, the Northern line of the said 6,819 acre tract to a' /z inch
iron rod with cap marked "3408" found for the Northeastern comer of the said 6.819 acre
tract, a corner of that certain 110 acre tract, more or less, conveyed to The Fetor N.
yrisler and Allene Crlsler Revocable Living 'Crust in a Special Warranty Decd recorded
in Document No. 9606015140 of the Official Public Records of Carnal County, 'texas,
for the Northeastem comer of this easement;
THENCE: S 17 °02'31" E — 16.04 feet along the Eastern line of the aid 6.819 acre tract,
a Westem line of the said 110 acre tract to a point for the Southeastern comer of this
easement, from which a'' /: inch iron rod found on the Northwestem line of Farm Market
Road No. 482, for the Southeastern comer of the said 6.819 acre tract, the Southwestem
corner of the said 110 acre tract bears S 17002'31" E —477.08 feet;
THENCE: S 68 °01'05" W — 543.57 feet across the said 6.819 acre tract to a point on
the Eastern line of a 16 foot sanitary sewer easement conveyed to the City of Schertz in
Document No. 200906024597 of the Official Public Records of Comal County, Texas,
for a comer of this casement;
THENCE: N 20 °58'16" W — 15.72 feet along the L+astern line of the said City of
Schertz 16 foot sanitary sewer casement to a point for the Northeastern corner of the said
16 foot sanitary sewer easement, for a comer of this easement;
50713898.2 A -2
FORD ENGINEERING. N Co
Page 2 of
THENCE: S 69'01'16" W — 15.70 feet to a point for the Northwestern corner of the
said City of Schertz 16 foot sanitary sewer easement on the Western line of the said 6.819
acre tract, the Eastern line of the said 10.01 acre tract, for a corner of this easement, from
which a '/: Inch iron rod found on the Northwestern line of said Farm Market Road No.
482 for the Southhhvstem comer of the said 6.819 acre tract bears S 20 °56 "34" E —
605.59 feet;
THF.NCF.: N 20 °56'34" W •- 10.14 feet along the Western line of the said 6.819 acre
tract, the Eastern line of the said 10.01 acre tract to the POINT OF IIF.GINNiNG and
containing 0.265 acres (11,540.8 sq. A.) of land; according to a survey made under my
supervision,
507138982 A -3
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SITUATED IN TIRE RAFAEL GARZA
SURVEY NO. 98, ABSTRACT NO. 175
AND BEING A PORTION OF THAT
CERTAIN 6.819 ACRE TRACT OF
LAND CONVEYED TO RALPH
MARCANTONIO RECORDED IN
DOCUMENT NO. 200606032025 OF THE
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RAILS. NO. 6393 ,1E OF
DATE: 11/04/2013 A,P: \8Te•
PROJECT 140.:1124.91 E9.�O'PF:•,.
DRAWN BY: EL l4.4 O.
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_ �� •. q, 6573 �,:
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FILE No.:1124.260304_IIARfINfON10 PERM.OWO
50713898.2 B -i
� FORD - -- ENGINEERING, -- --
Date: December 19, 2013 Page I of 2
Project No: 1124.260304
25 foot Temp. Construction Easement
A 0.297 acre (12,933.7 sq. ft.) Temp. Construction Easement situated in the Rafael Garza
Survey No. 98, Abstract No. 175 and being a portion of that certain 6.819 acre tract of
land conveyed to Ralph Marcantonio recorded in Document No. 200606032025 of the
Official Public Records of Comal County, Texas and being more particularly described
as follows:
BEGINNING: at a point on the Eastern line of the said 6.819 acre tract, a Western line
of that certain 110 acre tract, more or less, conveyed to The Peter N. Crisler and Allene
Crisler Revocable Living Trust in a Special Warranty Deed recorded in Document No.
9606015140 of the Official Public Records of Comal County, Texas, for the Southeastern
corner of a variable width sanitary sewer easement, this day described, for the
Northeastern comer of this easement, from which a %: inch iron rod with cap marked
"3408" found on the Southern line of Union Pacific Railroad right of way, for the
Northeastern comer of the said 6.819 acre tract, a comer of the said I10 acre tract bears
N 17 °03'31" W —16.04 feet;
THENCE: S 17 °03'31" E — 25.06 feet along the Eastern line of the said 6.819 acre tract,
a Western line of the said 110 acre tract to a point for the Southeastern comer of this
easement, from which a'h inch iron rod found on the Northwestern line of Farm Market
Road No. 482 for the Southeastern comer of the said 6.819 acre tract, the Southwestern
comer of the said 110 acre tract bears S 17 003'31" E — 452.02 feet;
THENCE: S 68 °00'51" W — 516.85 feet across the said 6.819 acre tract to a point on
the Eastern line of a 25 foot construction easement conveyed to the City of Schertz in
Document No. 200906024597 of the Official Public Records of Corral County, Texas,
for the Southwestern comer of this easement;
THENCE: N 20 °58'16" W — 25.00 feet along the Eastern line of the said 25 foot
construction easement to a point on the Southern line of a variable width sanitary sewer
easement, this day described, for the Northwestern comer of this easement;
THENCE: N 68 °01'05" E — 543.57 feet along the Southern line of the said variable
width sanitary sewer, this day described to the POINT OF BEGINNING and containing
0.297 acres (12,933.7 sq. ft.) of land; according to a survey made under my supervision;
DRIVE. SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.fordengineedng.com TBPE No. F -1162
50713898.2 B -2
NGINEERING, INC,
Bearings are oriented to Lambed Grid, Texas South Central Zone, NAD 83.
Corresponding plat prepared.
1124260304 Marcantonio Const. Esmt,
Page 2 oft
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
Filed and Recorded
Official Public Records
Joy Strealer, County Clerk
Comal County, Texas
03/11/2014 03:46:08 PM
LAURA 11 Pass(s)
201406008075
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800 - 332 -3109 Web Site: www.fordenoneering.com TBPE No. F -1162
50713898.2 B -3