14-R-18 - Town Creek-Joseph Hendrix Public Utility EasementRESOLUTION NO. 14 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A PUBLIC UTILITY EASEMENT
AGREEMENT WITH JOSEPH D. HENDRIX 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 a Public Utility Easement Agreement with Joseph D. Hendrix 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 Public Utility 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 Public Utility 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 Public Utility 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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, thia% th day of February, 2014.
ziiFn S
MicfWcl R. Carpenter, Mayor
ATTEST:
i
-Br$n Dennis, City Secretary
(CITY SEAL)
50715776.2
EXHIBIT A
PUBLIC UTILITY EASEMENT AGREEMENT
50715776.2 A -1
�j_ 201406008073 03/11/2014 03:46:06 PM 1/14
�/ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
i INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
jt . IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
U DRIVER'S LICENSE NUMBER.
PUBLIC UTILITY EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF COMAL §
GRANT OF EASEMENT:
JOSEPH D. HENDRIX, an individual whose address is 7031 F. M. 482, Schertz,
Guadalupe County, Texas 78321, ( "Grantor "), for the sum of Ten and No /100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE
CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400
Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way
( "Easement ") upon and across the property of Grantor which is more particularly
described on Exhibit "A ", attached hereto and incorporated herein by reference
( "Easement Tract "),
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors
and assigns, together with the rights, and privileges and on the terms and conditions set
forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant
and agree to WARRANT AND FOREVER DEFEND title to the Easement herein
granted, unto Grantee, its successors and assigns, against every person whomsoever
lawfiilly claiming or to claim the same or any part thereof.
Terms and Conditions: The following terms and conditions apply to the Easement
granted by this agreement:
1. Definitions. For the purposes of this grant of Easement certain terms shall have the
meanings that follow:
a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms
of this agreement.
b) "Permitted Improvements" shall mean landscaping or planting of
vegetation, driveways and sidewalks; but shall not mean parking facilities
or other impervious cover, or the construction of a building or structure
unless such installation or construction is approved in writing by the City
Manager or the City Manager's designee.
c) "Public Utility" shall mean water utility service.
2. Character of Easement. The Easement granted herein is "in gross," in that there is
no "Benefitted Property." Nevertheless, the Easement rights herein granted shall
pass to Grantee's successors and assigns, subject to all of the Terms hereof. The
Easement rights of use granted herein are nonexclusive and irrevocable. The
Easement is for the benefit of Holder.
3. Propose of easement. The Easement shall be used for public utility purposes,
including placement, construction, installation, replacement, repair, maintenance,
relocation, removal, expansion and operation of public utility facilities and related
appurtenance, or making connections thereto, under, above or across the Easement
Property. The Easement shall also be used for the purpose of providing access for
the operation, repair, maintenance, replacement and expansion of the public utility
facilities and related appurtenances.
4. Tern. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive,
and Grantor and Grantor's heirs, successors, and assigns retain:
a) Grantor's right to use: The right to use all or part of the Easement Property, in
conjunction with Holder as long as such use by Grantor and Grantor's heirs,
successors, and assigns use does not interfere with the use of the Easement
Property by Holder for the Easement Purpose. Notwithstanding any contrary
provision to this Agreement any improvement made by Grantor shall be
limited to Permitted Improvements that must comply with applicable
ordinances, development codes and engineering guidelines of the City of
Schertz.
b) Grantor's right to convey the right to arse: shall reserve the right to convey to
others the right to use all or part of the Easement Property in conjunction with
Holder, as long as: (i) such further conveyance is subject to the terms of this
agreement; and (ii) Grantor obtains the written consent of the Holder (through
Holder's City Manager) prior to any subsequent conveyance of the right to use
the Easement Property.
6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the
surface of the 25 foot wide area adjacent to the Easement Property, and is more
fully described in Exhibit "B ", to assist in the initial installation and as may be
reasonably necessary to maintain, repair and replace the Facilities within the
Easement Property of the Facilities within the Easement Property. However,
Holder must promptly restore the area of the Temporary Construction Easement to
its previous physical condition if changed by use of the rights granted by this
Secondary Easement.
7. Improvement and Maintenance of Easement Properlj. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the Facilities will be at the sole expense of Holder. Holder has the
right to eliminate any encroachments into the Easement Property. Holder has the
right to construct, install, maintain, replace, and remove the Facilities under, above
or across any portion of the Easement Property. All matters concerning the
Facilities and their configuration, construction, installation, maintenance,
replacement, and removal are at Holder's sole discretion, subject to performance of
Holder's obligations under this agreement. Holder has the right to remove or
relocate any fences or other encroachments within the Easement Property or along
or near its boundary lines if reasonably necessary to construct, install, maintain,
replace, or remove the Facilities. Holder will also replace to their original
condition any landscaping, driveways or parking areas that were in existence prior
to the granting of the Easement Property and are damaged in comiection with the
work.
8. Maintenance of surface Easement Property /Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement Property, including the obligation to
regularly mow or cut back vegetation and to keep the surface of the Easement
Property free of litter, debris, or trash.
9. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and
commanding compliance. Restraining orders and injunctions will be obtainable on
proof of the existence of interference or threatened interference, without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and will be
obtainable only by the parties to or those benefited by this agreement; provided,
however, that the act of obtaining an injunction or restraining order will not be
deemed to be an election of remedies or a waiver of any other rights or remedies
available at law or in equity.
10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and
court and other costs.
11. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. Choice of Lain. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the
county or counties in which the Easement Property is located.
13. Counlei7)arls. This agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same
instrument.
14. bVaiver of'Defotdt. It is not a waiver of or consent to default if the non - defaulting
party fails to declare immediately default or delays in taking any action. Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
15. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary
or appropriate to perform the terms, provisions, and conditions of this agreement
and all transactions contemplated by this agreement.
16. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly
set forth in this agreement.
17. Exceptions to Warranly. This grant is subject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
18. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenfarceability does not destroy the basis of the
bargain among the parties, the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa. Article and section headings in this agreement are for reference only and are
not intended to restrict or define the text of any section. This agreement will not be
construed more or less favorably between the parties by reason of authorship or
origin of language.
19. Nolices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement will be deemed to be delivered (whether
actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the
intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission,
or other commercially reasonable means and will be effective when actually
received. Any address for notice may be changed by written notice delivered as
provided herein.
20. Recitals/Exhibits. Any recitals in this agreement are represented by the parties to
be accurate, and constitute a part of the substantive agreement. All exhibits
referenced herein are attached hereto and incorporated by reference herein for all
put-poses.
21. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representation or modification concerning this instrument shall be of no
force and effect except for any subsequent modification in writing, signed by the
party to be charged.
In wit ess whereof, this instrument is executed this 1"CS day of�— ur iiV� ✓1
201. J\
GRANTOR:
B:
Joseph D. Hen ix
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
By:
John C. Kessel, City Manager
ATTEST:
Brenda Dennis, City Secretary
THE STATE OF TEXAS §
COUNTY O
This instrument was acknowledged before me on f
201, by t[c1 r LIfL, an individual residing in County,
Texas.
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CYNTHIA ANNE RALEIGH
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THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on wy(,h
201f by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas home -rule
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ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
EXHIBIT "A"
EASEMENT TRACT
ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
EXHIBIT "B"
TEMPORARY EASEMENT TRACT
ADDED TO EFFECT SCANNING
PER COMAL COUNTY CLERK
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STATE OF TEXAS:
COUNTY OF COMAL :
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00N
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16' PERMANENT SEWER ESMT
0,174 Acres C
7566.5 Sq, Feel
JD 5.P93 ANT
DOC. NO. 200306074249
LINE
BEARING
DISTANCE
L1
IS 03'46'39" E
7.07'
1-2
IS 31'42'38" E
9.67'
1-3
IN 59-42-57- E
16.00'
RAFAEL GARZA
SURVEY No. 98
A -175
I, REX L. HACKETT, DO HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON T GROUND AND UNDER MY SUPERVISION.
L. HACK6TT R.P.L.S. NO. 5579
DATE: 10- 10.2013
PROJECT NO.: 1124.2603
DRAWN BY: R.L.H.
MD
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MD. 1/4 I.R. /
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Joan Blanchard
65.449 ACRES
VOL 573, P0. 626
T FORD ENGINEERING INC.
ENGINEERING PLANNING - DEVELOPMENT
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 76]17, (210(59047A
TBPE NO, F
TBPLS NO.1 _
PLAT SHOWING
0.174 AC. — 7,586.5 SQ. FT.
16
FOOT SANITARY SEWER ESMT.
OF ..
SITUATED IN THE RAFAEL GARZA
.
SURVEY NO. 98. ABSTRACT NO. 175,
--
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BEING A PORTION OF THAT CERTAIN
*; F�.•.k
5.93 ACRE TRACT OF LAND CONVEYED
.........................
TO JOSEPH HENDRIX RECORDED IN
REXL.HACKETT
DOCUMENT NO. 200306034249
" """""" " " "' ."'
q 6573
OF THE OFFICIAL PUBLIC
v
RECORDS OF COMAL CO., TEXAS
T FORD ENGINEERING INC.
ENGINEERING PLANNING - DEVELOPMENT
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 76]17, (210(59047A
TBPE NO, F
TBPLS NO.1 _
10927
FORD ENGINEERING, INC.
October 10, 2013
:t No: 1124.2603
16 foot Sanitary Sewer Easement
Page 1 of 2
0.174 acre (7,586.5 sq. ft.) sanitary sewer easement situated in the Rafael Garza Survey
D. 98, Abstract No. 175 and being a portion of that certain 5.93 acre tract of land
nveyed to Joseph Hendrix and being recorded in Document No. 200306034249 of the
fficial Public Records of Comal County, Texas and being more particularly described
follows:
BEGINNING: at a point on the Northwestern line of the said 5.93 acre tract, the
Southeastern line of F.M. 482 for the Northeastern comer of this easement, from which a
'/4 inch iron rod found for the Northeastern comer of the said 5.93 acre tract bears N
59 °42'57 "E - 202.11 feet;
S 30011'46" E — 300.95 feet across the said 5.93 acre tract to a point for a
of this easement;
THENCE: N 59'48'14" E — 159.67 feet across the said 5.93 acre tract to a point on the
Western line of an existing 15 foot sanitary sewer easement recorded in Volume 784,
Pape 237 of the Official Public Records of Comal County, Texas;
E: S 03 046'39" E — 7.07 feet along the Western line of the existing 15 foot
sewer easement to a point for a comer of the said 15 foot sanitary sewer
for a corner of this easement;
'NCE: S 31 °42'38" E — 9.67 feet continuing along the Western line of the said 15
sanitary sewer easement to a point for a comer of this easement;
S 59048'14" W — 172.77 feet across the said 5.93 acre tract to a point for a
of this easement;
HENCE: N 30 011'46" W — 316.92 feet continuing across the said 5.93 acre tract to a
Dint on the Northwestern line of the said 5.93 acre tract, the Southeastern line of said
.M. 482, from which a '/4" iron rod found for the Northwestern comer of the said 5.93
-re tract bears S 59 °42'57" W — 337.82 feet;
'HENCE: N 59 °42'57" E — 16.00 feet along the Northwestem line of the said 5.93 acre
act, the Southeastern line of said F.M. 482 to the POINT OF BEGINNING and
ontaining 0.174 acre (7,586.5 sq. ft.) of land; according to a survey made under my
upervision.
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.fordengineering.com THE No. F -1162
FORD ENGINEERING, MC®
Corresponding plat prepared.
1124.2603 Hendrix Perm Esmt.
Page 2 of 2
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.fordengineering.com THE No. F -1162
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VOL. 573, PO. 626
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// �RWP1Ea 1� vG 3 �6N
25' TEMP CONST. ES T.. Q1
D,,p, 7 1*•1,R, 0.397 Acres 4'\
17,297.3 Sq. Feet �\ \ \ /1g�� \ �(
JOSS N HAAS X \ V , S4 'm`#�N�ey \
DOC. N0, 200306034249 \� 5 rj9
STATE OF TEXAS:
COUNTY OF COMAL :
LINE
BEARING
DISTANCE
L1
N 31'42'38" W
6.34'
L2
T03-46 39 W
68.07'
L3
- 30'08'55" E
92.29'
5
T 59'49'56" W
88.73'
L5
N 28'19'05" W
24.73'
L6
N 59'42'57" E
112.92'
RAFAELGARZA
SURVEY No. 98
A -175
I, REX L. HACKETT, 00 HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON THE GROUND AND UNDER MY SUPERVISION.
RIM L $4CEBTP R.P.LS. NO. 6679
DATE: 10 -10 -2013
PROJECT NO.: 1124.260304 TEMP
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a
...:................
REX L. HACKETT
.....................
6573 ...
VA \.l
Joan Blanchard
65,449 ACRES
VOL. 57J, P6. 626
PLAT SHOWING
0.397 AC. — 17,297.3 SQ. FT.
TEMPORARY CONST. ESMT.
SITUATED IN THE RAFAEL GARZA
SURVEY NO. 98, ABSTRACT NO. 175,
BEING A PORTION OF THAT CERTAIN
5.93 ACRE TRACT OF LAND CONVEYED
TO JOSEPH HENDRIX RECORDED IN
DOCUMENT NO. 200306034249
OF THE OFFICIAL PUBLIC
RECORDS OF COMAL CO., TEXAS
FORD ENGINEERING INC.
ENGINEERING PLANNING , DEVELOPMENT
Aw8x 10927 NNE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 5904777
TOPE NO. F -1
TBPLS NO. 1
25 foot Temporary Construction Easement
A 0.372 acre (16,184.8 sq. ft.) sanitary sewer easement situated in the Rafael Garza
Survey No. 98, Abstract No. 175 and being a portion of that certain 5.93 acre tract of land
conveyed to Joseph Hendrix and being recorded in Document No. 200306034249 of the
Official Public Records of Comal County, Texas and being more particularly described
as follows:
BEGINNING: at a point on the Northwestern line of the said 5.93 acre tract, the
Southeastern line of F.M. 482 for the Northeastern corner of this easement, from which a
'/4 inch iron rod found for the Northeastern corner of the said 5.93 acre tract bears N
59 042'57" E — 218.11 feet;
THENCE: S 30 011'46" E — 316.92 feet across the said 5.93 acre tract to a point for a
corner of this easement;
THENCE: N 59'48'14" E — 187.78 continuing across the said 5.93 acre tract to a point
on the Eastern line of existing 15 foot sanitary sewer easement recorded in Volume 784,
Page 237 of the Deed Records of Comal County, Texas, for a corner of this easement;
THENCE: N 31 °42'38" W — 6.34 feet along the eastern line of the said existing 15 foot
sanitary sewer easement to a point for a comer of the existing 15 foot sanitary sewer
easement, for a comer of this easement;
THENCE: N 03 046'39" W — 68.07 feet across the said 5.93 acre tract and along the
Eastern line of the said existing 15 foot sanitary sewer easement to a point on the Eastern
line of the said 5.93 acre tract, the Western line of that certain 65.449 acre tract of land
conveyed to Joan Blanchard in Volume 573, Page 626 of the Deed Records of Comal
County, Texas, from which a '/4 inch iron rod found for the Northeastern corner of the
said 5.93 acre tract, the Northwestern corner of the said 65.449 acre tract bears N
30 008'55" W — 249.97 feet;
THENCE: S 30 °08'55" E — 92.29 feet along the Eastern line of the said 5.93 acre tract,
the Western line of the said 65.449 acre tract to a point for a corner of this easement;
THENCE: S 59 °48' 14" W — 242.82 feet across the said 5.93 acre tract to a point for a
comer of this easement;
NCE: N 30 011'46" W — 316.99 feet continuing across the said 5.93 acre tract to a
for a comer of this easement;
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800. 332 -3109 Web Sire: www.fordengineering.com TBPE No. F -1162
FORD ENGINEERING, INC.
Page 2 of 2
THENCE: S 59 °49'56" W — 88.73 feet continuing across the said 5.93 acre tract to a
point for a corner of this easement;
THENCE: N 28 119'05" W — 24.73 feet continuing across the said 5.93 acre tract to a
point on the Northwestern line of the said 5.93 acre tract, the Southeastern line of said
F.M. 482, from which a '/4 inch iron rod found for the Northwestern corner of the said
5.93 acre tract bears S 59 042'57" W — 224.90 feet;
THENCE: N 59 °42'57" E — 112.92 feet along the Northwestern line of the said 5.93
acre tract, the Southeastern line of said F.M. 482 to the POINT OF BEGINNING and
containing 0.397 acre (17,297.3 sq. ft.) of land; according to a survey made under my
supervision.
Corresponding plat prepared.
1124.260304 Hendrix Perm Esmt.
Revised 02 -06 -2014
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
Filed and Recorded
Official Public Records
Joy Slreater, County Clerk
Coma' County, Texas
03/11/2014 03:46:06 P%
LRURR 14 Pa9a(s)
201406000073
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX: 590 -4940
1- 800 - 332 -3109 Web Site: www,fordengineering.com TBPE No. F M2