14-R-05 - Ector Crisler - Town Creek SewerliineRESOLUTION NO. 14 -R -05
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 ECTOR N. CRISLER AND ALLENE CRISLER
REVOCABLE LIVING TRUST 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 the Ector N. Crisler and Allene Crisler Revocable Living Trust 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
ATTEST:
y QL�'5n�
rda Dennis, City Secretary
(CITY SEAL)
507157762
EXHIBIT A
SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT
5071577.2 A -1
j rr '' 201406008074 03111/2014 03:46:07 PM 1/14
v NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SANITARY SEWER EASEME NT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF COMAL §
THAT the ECTOR N. CRISLER AND ALLENE CRISLER REVOCABLE
LIVING TRUST (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 Corral County, Texas, as more particularly described in Exhibit A
attached hereto and incorporated herein for all purposes (the "Permanent Easement "), and being
a 0.754 -acre portion of that 13.02 -acre tract of land of the Grantor more particularly described in
that instrument recorded in Volume 96060, Page 15140 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 1.178 -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) the 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
50713897.2
Sewer Line construction, or (b) nine (9) months after connnencement 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 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)
50713897.2 - 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 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 oC— lTtA Ua v-1,,1 1(/i , 201�4(the "Effective Date ").
[signatures and acknowledgements on the followingpages J
50713 &97.2 - 3 -
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
GRANTOR:
ECTOR N. CRISLER AND ALLENE
CRISLER REVOCABLE LIVING TRUST
By
Name: s
Its:
By: je"a- �J
Name: {Alen/ Cri 51-er
Its: f:�,s4e-c---
50713897.2 - 4 -
THE STATE OF IL �CQS
COUNTY OF w
T/h`is in trument was acknowledged before me on the31tday offl , 201.3 by
as--fRA -- & of G�jlrnGCrpslelz
Uc�c.G�l � l�tvuw�Tn.<s -f-.
(SEAL)
aaaaaaaaaaaaaaaaaaaaaaaaaa
CYNTHIA ANNE RALEIGH
SP111",* Notary Public
State of Texas
Comm. Exp. 02.11.2015 v
v tiWvti %Is tlti14VVtitledti'"I "M
THE STATE 4 S
COUNTY OF _O'k
Notary Pubftda and for
The State of--r�VAS
My Commission Expires: ps.111 IS
Al leac, This instrument was acknowledged before me on the 30" day of Don 2015 by
c� l S �^ , as- ' j of �/.i • GhS � r d n �( Clll {nr. CY) s/�
r' 1� 1 r(.�9f.
(SEAL)
�aaaaaaaaaaaaaaaaaaaaaaaaaa
CYNTHIA ANNE RALEIGH
* ®* Notary Public y
State of Texas y
Comm. E
ti�e�eti�c�c�es;a�e c�c�c�c c xp.02�1-2015seti�
Notary Public ih -add for
v The State ot—T� Og
My Commission Expires:
50713897.2 - 5 -
GRANTEE:
CITY OF SCHERTZ
John C. essel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the Wday o � IA 201+by
John C. Kessel, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
Am ALEZ 4 c Notary Publs The State of Texas
1.2016 My Commission Expires: I q61
1
AFTER RECORDING RETURN TO:
Katherine A. Tapley
Norton Rose Fulbright
300 Convent Street, Suite 2100
San Antonio, Texas 78205
50713897.2 - 6 -
EXHIBIT A
Permanent Easement
[See the following three pages]
ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
50713897.2 A -1
Date: December 19, 2013
Project No: 1124.260304
16 foot Sanitary Sewer Easement
Page I of 2
A 0.741 acre (32,297.4 sq. ft.) sanitary sewer casement situated in the Rafael Garza
Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more
or less, conveyed to The Ector N. Crisler and Aliene Crisler Revocable Living Trust in
Document No. 9606015140 of the Official Public Records of Comal County, Texas, and
being more particularly described as follows:
BEGINNING: at a %n inch iron rod with cap marked 9408" found on the Southeastern
line of Union Pacific Railroad right of way line for the Northeastern comer of that certain
6.819 acre tract of land conveyed to Ralph Marcantonio in Document No. 200606032025
of the Official Public Records of Comal County, Texas, a corner of the said 110 acre
tract, for the Northwestern corner of this easement;
THENCE: N 68 °55'15" E — 1888.08 feet along the Southern line of the said Union
Pacific Railroad R.O.W. line, the Northern line of the said 110 acre tract to a point for the
Northeastern comer of this easement;
THENCE: S 30127'13" E — 143.72 feet across the said 110 acre tract to a %, inch iron
rod with cap marked "ACE" found on the Northwestern line of Farm Market Road No.
482, the Southeastern line of the said 110 acre tract, for the Southeastern corner of this
easement;
THENCE: S 59 °23'21" W — 16.00 feet along the Southeastern line of the said 110 acre
tract, the Northwestern line of said Farm Market Road No. 482 to a point for a corner of
this easement;
THENCE: N 30'27'13" W — 130.19 feet across the said 110 acre tract to a point for a
corner of this easement;
THENCE: S 68 °55'15" W — 1875.62 feet continuing across the said 110 acre tract to a
point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre
tract, for the Southwestern corner of this easement, from which a %, inch iron rod found
on the Northwestern line of said 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 °02'31" E — 477.08 feet;
DRIVE, SUITE IN, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1-800-332-3109 Web Site: www,fordengincering.com TRPE No. F -I 162
50713897.2 A -2
FORD EN
INC.
Page 2 of 2
THENCE: N 17 °03'31" W — 16.04 feet along the Eastern line of the said 6.819 acre
tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and
containing 0.741 acres (32,297.4 sq. ft.) of land; according to a survey made under my
supervision;
Bearings are oriented to Lambert Grid, Texas Smuh Central Zone, NAD 83.
Corresponding plat prepared,
1124260304 Crisler Perm. Esmt.
10927 WYE DRIVE, SUITE 104,
1- 800 - 332 -3109
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
SAN ANTONIO, TEXAS 78217
Web Site: www.tordengineering.com
50713897.2 A -3
(210) 590 -4777 FAX: 590 -4940
TOPE No. F -1162
0 .ON oo°
Szot �lz Nd�
o _
rooMod
O0aj�s
HuLl AIJ�
V
>_
F�
o
m
O F
zV
a
`00,5
y
M
M
C)
r
m
wzm
UuQ
N
i £
O
O� Oi
0. A
\ 191 •osi F;
� 9 � � I c
to \
Wrp
A \\ $
n�
L` Q \ \\
z 6
g �r Ea
'M
�3�r a�
A mA
gAa
z 6
\
'M
\
A mA
\
c
>
v�
2
q
yn
T n
0
N
�j
•> C
50713897.2 A -t}
I- \1
.' o.
1
3-
r
EXHIBIT B
Construction Easement
[ See the following three pages]
ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
50713897.2 B -1
10927
FORD - ENGINEERING. INC.
Date: December 19, 2013 Page I of 2
Project No: 1124.260304
25 foot Temp. Construction Easement
A 1.139 acre (49,634.1 sq. R.) Temp. Construction Easement situated in the Rafael Gana
Survey No. 98, Abstract No. 175 and being a portion of that certain 110 acre tract, more
or less, conveyed to The Ector N. Crisler and Allene Crisler Revocable Living Trust in
Document No. 9606015140 of the Official Public Records of Coma] County, Texas, and
being more particularly described as follows:
BEGINNING: at a point on the Western line of the said 110 acre tract, the Eastern line
of that certain 6.819 acre tract of land conveyed to Ralph Marcantonio in Document No.
200606032025 of the Official Public Records of Comal County, Texas from which a'' /z
inch iron rod with cap marked "3408" found on the Southeastern line of Union Pacific
Railroad right of way line for the Northeastern comer of the said 6.819 acre tract, a
comer of the said 110 acre tract bears N 17 °03'31" W — 16.04 feet;
THENCE: N 68 °55'15" E — 1875.62 feet along the Southern line of a 16 foot sanitary
sewer easement, this day described, and across the said 110 acre tract to a point for a
comer of the said 16 foot sanitary sewer easement, for a comer of this easement;
THENCE: S 30027'13" E — 130.19 feet across the said 110 acre tract to a point on the
Northwestern line of Farm Market Road No. 482, the Southeastern line of the said 110
acre tract from which a %s inch iron rod with cap marked "ACE" found on the
Northwestern line of said Fann Market Road No. 482, the Southeastern line of the said
110 acre tract bears N 59 °23'21" E —16.00 feet;
THENCE: S 59 °23'21" W — 25,00 feet along the Southeastern line of the said 110 acre
tract, the Northwestern line of said Farm Market Road No. 482 to a point for a corner of
this easement;
THENCE: N 30127'l 3" W — 109.05 feet across the said 110 acre tract to a point for a
comer of this easement;
THENCE: S 68'55'15" W — 1856.18 feet continuing across the said 110 acre tract to a
point on a Western line of the said 110 acre tract, the Eastern line of the said 6.819 acre
tract, for the Southwestern corner of this easement, from which a'' /Z inch iron rod found
on the Northwestern line of Farm Market Road No. 482 for the Southeastern corner of the
said 6.819 acre tract, the Southwestern corner of the said 110 acre tract bears S 17 00211"
E — 452.02 feet;
DRIVE, SUITE IN, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 5904940
1- 800 - 332 -3109 Web Site: www.lordengineering.coln IB11 NO. [-1162
50713897.2 B -2
ENGINEERING, INC
Page 2 of 2
THENCE: N 17 °03'31" W — 25.06 feet along the Eastem line of the said 6.819 acre
tract, the Western line of the said 110 acre tract to the POINT OF BEGINNING and
containing 1.139 acres (49,634.1 sq. ft.) of land; according to a survey made under my
supervision;
Bearings are oriented to Lambert Grid, Texas South Central Zone, NM 83.
Corresponding plat prepared.
1124260304 Crisler Const, Esmt.
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.fordenginecting.com TBFE No. F -1162
50713897.2 B -3
ado .08 0p0
SLOLS'�O;,618Hdr
�
Ov 3s
0 O
yyS0Q -� U.
yyyy
�.�^..ml*1 OXXpO �i v�i
O'n
0.0 r�y�
n R"x� i
408. o - 0,Z
u� O¢O
ymn iQ
_"
R
o
PnH
m � P
s
�g
2y
Olr44°2
ma n t
C p
I
2
to
Z
m
wzzzm
RN 1-1 (�
N D
NO z
W N O O Z
www41
N h t a_
F mFF
NpNp UOI�
O O T P m
I
s
m �\
tr \)
z
G1
C�
NIr
*.
2
n
�a0
wa
� e
�a
Ail
��1L2I
UI
(4o
WN
_PV
Filed and Recorded
Official Public Records
Joy Streeter, County Clerk
Comal County, Texas
03/1172014 03:46:07 PM
LAURA 14 Pages)
50713897.2 B_4 201406008074
b4 EQ
9�
y�
6 0 i
gg3
I
s
m �\
tr \)
z
G1
C�
NIr
*.
2
n
�a0
wa
� e
�a
Ail
��1L2I
UI
(4o
WN
_PV
Filed and Recorded
Official Public Records
Joy Streeter, County Clerk
Comal County, Texas
03/1172014 03:46:07 PM
LAURA 14 Pages)
50713897.2 B_4 201406008074