14-R-02 - AMME Holdings - Maske Road ProjectRESOLUTION NO. 14 -R -02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN
AGREEMENT FOR A RIGHT -OF WAY DEDICATION ALONG MASKE
ROAD AND A UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT ON FM 1518 AND MASKE ROAD FROM
AMME HOLDINGS, LLC IN CONNECTION WITH THE MASKE ROAD
WATERLINE PROJECT AND AUTHORIZING THE ACCEPTANCE OF
SUCH RIGHT -OF -WAY DEDICATION 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 right -of -way dedication with AMME Holdings, LLC
(collectively, the "Grantors "), in the form attached hereto as Exhibit A (the "Agreement'), for
the dedication to the City of right -of -way containing approximately .086 acres as more
particularly described on Exhibit B attached hereto (the "Right -of- Way "); and Temporary
Construction Easement containing approximately 1.89 acres describe on Exhibit B; and (2)
accept the dedication of such Right -of -Way in accordance with the terms of the Agreement; and
WHEREAS, the City needs to acquire the Right -of -Way and Temporary Construction
Easement in connection with the construction of a waterline along Maske Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with the Grantors pursuant to the Agreement and to accept the dedication of the Right -
of -Way and Utility Line Easement and Temporary Construction Easement in accordance with
the terms of the Agreement.
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 Right -of -Way and Utility Line Easement and Temporary
Construction Easement to the City in accordance with the terms of the Agreement.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 14th day of January, 2014.
CITY O R Z, TEXAS
44e��
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
RIGHT -OF -WAY DEDICATION AGREEMENT AND UTILITY LINE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
A -1
EXHIBIT B
LEGAL DESCRIPTION OF THE RIGHT -OF -WAY AND UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
February 25, 2014
VIA UPS OVERNIGHT DELIVERY
City of Schertz
Brenda Dennis
City Secretary
1400 Schertz Parkway
Schertz, Texas 78154-1634
RE: NCS# 643242 and NCS- 643243 - Recorded Original Documents, Original Agreements
and T -1 Owner's Policy of Title Insurance
Ms. Dennis:
Enclosed are the following documents:
1. Owner's Policy of Title Insurance T -1, NCS- 643242; — Vvlmaco
2. Owner's Policy of Title Insurance T -I, NCS- 643243; Rmme 1M%d'ti`s15
3. Original Recorded Right of Way Deed of Dedication, NCS - 643242;
4. Original Recorded Right of Way Deed of Dedication, NCS- 643243;
5. Original Recorded Utility Line Easement and Temporary Construction Easement
Agreement, NCS - 643243;
6. Original Agreement for Dedication of Right -of -Way, NCS- 643242; and
7. Original Agreement for Dedication of Right -of -Way, NCS- 643243.
Please do not hesitate to contact me if you have any questions.
Sincerely yours,
Megan
Commercial EscrtOfe tor ney at Law
Encl.
y
First American
e_•� ,,,��
Title Company
1826 N. Loop 1604 W. Suite 125
San Antonio, Texas 78248
210- 390 -3653
mclayQtirstann.com
February 25, 2014
VIA UPS OVERNIGHT DELIVERY
City of Schertz
Brenda Dennis
City Secretary
1400 Schertz Parkway
Schertz, Texas 78154-1634
RE: NCS# 643242 and NCS- 643243 - Recorded Original Documents, Original Agreements
and T -1 Owner's Policy of Title Insurance
Ms. Dennis:
Enclosed are the following documents:
1. Owner's Policy of Title Insurance T -1, NCS- 643242; — Vvlmaco
2. Owner's Policy of Title Insurance T -I, NCS- 643243; Rmme 1M%d'ti`s15
3. Original Recorded Right of Way Deed of Dedication, NCS - 643242;
4. Original Recorded Right of Way Deed of Dedication, NCS- 643243;
5. Original Recorded Utility Line Easement and Temporary Construction Easement
Agreement, NCS - 643243;
6. Original Agreement for Dedication of Right -of -Way, NCS- 643242; and
7. Original Agreement for Dedication of Right -of -Way, NCS- 643243.
Please do not hesitate to contact me if you have any questions.
Sincerely yours,
Megan
Commercial EscrtOfe tor ney at Law
Encl.
Page 1 of 4
Dennis, Brenda
From: Clay, Megan J. [MClay @firstam.com)
Sent: Tuesday, February 25, 2014 4:25 PM
To: Raleigh, Cynthia A.; Willoughby, Sam; charles.zech @rampage - sa.com; habib.erkan @rampage - sa.com;
Dennis, Brenda
Subject: RE: Velasco and AMME Holdings
Attachments: NCS- 643242 -T1 Owner's Policy of Title Insurance.pdf; NCS- 643243 -T1 Owner's Policy of Title
Insurance.pdf; ATT315490.txt; ATT315491.htm
All:
Please find the following attached documents:
• T -1 Owner's Policy of Title Insurance, NCS- 643242 ( Velaaco); and
• T -1 Owner's Policy of Title Insurance, NCS- 643243 (AMME Holdings).
The original policies along with the original recorded documents will follow to Ms. Dennis via UPS overnight.
I have enjoyed working with all of you on these transactions and look forward to working with you again in the future.
Please do not hesitate to contact me if you have any questions or if I can be of assistance in any way. Have a great
evening.
Regards,
Megan
Megan ].Clay
Commercial Escrow Officer /Attorney at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
FrrstAmerican Title"
N A L C0IA tt EF, C l Al, $E R': CEi
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210- 390 -3653
Mobile: 210 - 854 -0883
Fax: 866 - 739 -2652
Email: mciay0firstam.com
A member of the First American Financial Corooratlon
family of companies I NYSE: FAF
NOTICE OF CONFIDENTIALITY
Thlse- marlmessage andifs affachmenfs(f any) are mtttr solely forfhe use of the addressee hereof. In addrfion, this messageand fixattachments(ifeny)may ronfain irt/ortnation that is mnfitlential,
on0aged andexempt prom aeolosum uMarappficable law. If you are not the intended taapenl of this message, you are pmhibifni Imm reading, disclosing, reproducing, ostnbu6'ng, disseminsfirg or
otherwise using this bansmiasion, Delven, of this message to anyperson otherlhan the lnaneedoIioenl is not Imennedlo waive anydght orpriveage. Ifyou have recawol this message in error, pfeass
pmmpfy notify the senderby reply a -dial and immacialefy delete Ibis message from your system.
From: Clay, Megan J.
Sent: Monday, February 24, 2014 3:48 PM
To: 'CRa leig h @schertz. com'
Cc: SWilloughby @schertz.com; charles.zech @rampage- sa.com; habib.erkan @rampage- sa.com; bdennis @schertz.com
Subject: RE: Velasco and AMME Holdings
Cindy,
1nF0n1 A
Page 2 of 4
Thank you, I will send the original recorded documents to Brenda. I have attached copies of the recorded documents for
your records as well as copies of the fully executed Agreements for Dedication of Right -of -Way. I have been notified by
our policy department that the policies should be ready by mid -week. As soon as 1 receive them, I will send the original
documents and polices out to you. Please advise whether you want the T -1 Owner's Policy for both files as well as the
Agreement for Dedication of Right -of -Way to be sent to Brenda as well.
In addition, at your convenience, please send me copies of the recorded Releases of Involuntary Liens for the AMME
Holdings file (NCS- 643243). I believe there is a total of 14.
Megan J. Clay
Commercial Escrow Ofncer /Attorney at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
FirstAmericen Title`
114- ONAL COMMERCIAL SER3' Ct_
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210- 390 -3653
Mobile: 210 -854 -0883
Fax: 866 - 739 -2652
Email: mclav(-)Orstam.com
A member of the First American Financial Corooration
family of companies I NYSE: FAF
NOTICEOFCONFIDE"AL
This a -m lmassage and its attachments(rfany)are inlerMed sdety br(he use of the addressee hereof. In addhon, this message and the attachments(itany) maycantain inlormagan that is confidential,
pdvlfegnsa hv g this hlm am ba,lan. muMer epp6pWe law.tl}ou are not the intended rea plen(oflhis message. you are pmNti(ed {mm reaGrq, 6stlosiIr{gy,ou hao e mr edcff nhbis v tminaaa Sga min inemr, pfer
ae
pm.ptlynoNylhe sand e, ,.pryh hh.#m this nhhsage than, n, y., yIem.
From: CRaleioh(aschertz.com fmailto:CRaleioh(Q)schertz.com]
Sent: Monday, February 24, 2014 1:59 PM
To: Clay, Megan J.
Cc: SWillouohby(o)schertz.com; charles.zech @ramoaoe- sa.com; habib.erkan(o)ramoaoe- sa.com; bdennis(olscheriz.com
Subject: RE: Velasco and AMME Holdings
Thank you.
Please send them to
Brenda Dennis
City Secretary
City of Schertz
1400 Schertz Parkway
Schantz, Texas 78154
Cynthia Raleigh, CPM, TRMC
City of Schertz
Public Works Coordinator
10 Commercial Place, Bldg. 2
Schertz, Texas 78154
Ph: 210.619.1822
Fax: 210.619.1849
From: Clay, Megan J. fmailto:MClay@firstam.com]
?/ ?6/1)m n
Page 3 of 4
Sent: Monday, February 24, 2014 1:57 PM
To: Raleigh, Cynthia A.; habib.erkan(o�rampacie- sa.com
Cc: Willoughby, Sam; charles.zechOwamoage- sa.com
Subject: RE: Velasco and AMME Holdings
Cindy,
I plan to get these out today via email and UPS overnight. The clerk had a problem with the recordings and returned the
documents to me. I have received the file- stamped originals back and plan to issue the policies today. Thank you for your
patience.
Regards,
Megan
Megan J. Clay
Commercial Escrow Officer /Attomey at Law
First American Title National Commercial Services
Single point of contact for all your local and national real estate needs
1..'
1 RrStAmertcwi MY'
�'`- "e.<'�•�
I it P.`3;.NR.R �CS'A G1FFi.IA1 $B 0.Y�C ct
1826 N. Loop 1604 W. Ste. 125, San Antonio, Texas 78248
Direct: 210- 390 -3653
Mobile: 210- 854 -0883
Fax: 866- 739 -2652
Email: mciaytanrstam.com
A member of the First American Financial Corporation
family of companies I NYSE: FAF
NOTICE OF CONFIDENTIALITY
This eynar] message arMifs attachments (ilany) are inferfded solely brfhe use o /!he addressee hereof. In addition, this message and the attachments (if any) maycontain infmmation that is confidential,
pdwieged andexempt) mmOisdosureuMer applicable law.Ifyou are not the intended redpienf of Nis message, ynu am pmhldfetl lmm reading,
ofhwwise aslrq this r . iuery lhls messealge any oMer Nan (he n e d redpen(Is notinrermetl fo waAre anydghf orpdvdi:esgcfeo. siIf , ov ham h e ai eds this massage e in a deq r, please
ase
pmm ➢tlY noAy the sander by mpye-mail and immadff�afy delete this message them yoursyshn m.
From: CRaleigh(&schertz.com rmailto:CRaleigh0schertz.com]
Sent: Monday, February 24, 2014 1:17 PM
To: Clay, Megan 7.; habib.erkan(cbrampage- sa.com
Cc: SWilloughby0schertz.com; charles.zech(o)rampage- sa.com
Subject: Velasco and AMME Holdings
Megan,
We have not received the fully executed copies for our files as of yet. Do you have these? Thank you.
Cindy
Cynthia Raleigh, CPM, TRMC
City of Schertz
Public Works Coordinator
10 Commercial Place, Bldg. 2
Schertz, Texas 78154
Ph: 210.619.1822
Fax: 210.619.1849
2/26/2014
Page 4 of 4
This message may contain confidential or proprietary information intended only for the use of the
addressee(s) named above or may contain information that is legally privileged. If you are
not the intended addressee, or the person responsible for delivering it to the intended addressee,
you are hereby notified that reading, disseminating, distributing or copying this message is strictly
prohibited. If you have received this message by mistake, please immediately notify us by
replying to the message and delete the original message and any copies immediately thereafter.
If you received this email as a commercial message and would like to opt out of future commercial
messages, please let us know and we will remove you from our distribution list.
Thank you. —
FAFLD
2/26/2014
Owner's Policy of Title Insurance T -1
ISSUED BY
First American Title Insurance Company
Owner's Policy NcS- 643243 O
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existng improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before
Date of Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
(Covered Risks ConBnued on Page 2
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company
tlE IHSU�'yrrr
W� .•4�gP 0*4
, yn rrr
••. '" ' Dennis J. Gilmore
President
N t SEPTEMBER 24,
rrr d 19 0
,• 1, V� „G /
r t •....•• a —
rr�4 �Af IFAHkp
1j1,`•••••••• Timothy Kemp
Secretary
(rMs Pdicy6 vNd oNy when ScWUd A and B are adached)
Form 5025548 (1 -3-14) Page 1 of 14
TAislacketwzs seated eke niaay and constitutes an 091nsl document
TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
and not disclosed in writing to the Company by the Insured
this policy and the Company will not pay loss or damage, costs,
Claimant prior to the date the Insured Claimant became an
attorneys' fees or expenses that arise by reason of:
Insured under this policy;
1. (a) Any law, ordinance, permit, or governmental regulation
(c) resulting in no loss or damage to the Insured Claimant;
(including those relating to building and zoning) restricting,
(d) attaching or created subsequent to Date of Policy (however,
regulating, prohibiting or relating to:
this does not modify or limit the coverage provided under
(i) the occupancy, use, or enjoyment of the Land;
Covered Risk 9 and 10); or
(ii) the character, dimensions or location of any
(e) resulting in loss or damage that would not have been
improvement erected on the Land;
sustained if the Insured Claimant had paid value for the
(iii) subdivision of land; or
Title.
(iv) environmental protection;
4. Any claim, by reason of the operation of federal bankruptcy,
or the effect of any violation of these laws, ordinances or
state insolvency, or similar creditors' rights laws, that the
governmental regulations. This Exclusion 1(a) does not modify
transaction vesting the Title as shown in Schedule A, is:
or limit the coverage provided under Covered Risk 5.
(a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does
(b) a preferential transfer for any reason not staled in Covered
not modify or limit the coverage provided under Covered
Risk 9 of this policy.
Risk 6.
5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify or
imposed by governmental authority and created or attaching
limit the coverage provided under Covered Risk 7 or 8.
between Date of Policy and the date of recording of the deed or
3. Defects, liens, encumbrances, adverse claims or other matters:
other instrument of transfer in the Public Records that vests
(a) created, suffered, assumed or agreed to by the Insured
Title as shown in Schedule A.
Claimant;
6. The refusal of any person to purchase, lease or lend money on
(b) not Known to the Company, not recorded in the Public
the estate or interest covered hereby in the land described in
Records at Date of Policy, but Known to the Insured
Schedule A because of Unmarketable Title.
Claimant
Form 5025548 (1 -3 -14) Page 2 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS
DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as
may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections
10 and 11 of these Conditions.
(b) "Date of Policy': The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company or other similar legal entity.
(d) "Insured ": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation
of law as distinguished from purchase, including
heirs, devisees, survivors, personal representatives
or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title;
(1) If the stock, shares, memberships, or other
equity interests of the grantee are wholly -
owned by the named Insured,
(2) If the grantee wholly owns the named
Insured,
(3) If the grantee is wholly -owned by an
affiliated Entity of the named Insured,
provided the affiliated Entity and the named
Insured are both wholly -owned by the same
person or Entity, or
(4) If the grantee is a trustee or beneficiary of a
trust created by a written instrument
established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however,
all rights and defenses as to any successor that the
Company would have had against any predecessor
Insured.
(e) "Insured Claimant ": an Insured claiming loss or damage.
(1) "Knowledge" or "Known ": actual knowledge, not
constructive knowledge or notice that may be imputed to an
Insured by reason of the Public Records or any other
records that impart constructive notice of matters affecting
the Title.
(g) "Land ": the land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but this does not modify
or limit the extent that a right of access to and from the Land
is insured by this policy.
(h) "Mortgage ": mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
Form 5025548 (1 -3 -14) Page 3 of 14
(i) "Public Records ": records established under state statutes
at Date of Policy for the purpose of imparting constructive
notice of matters relating to real property to purchasers for
value and without Knowledge. With respect to Covered
Risk 5(d), "Public Records" shall also include environmental
protection liens filed in the records of the clerk of the United
States District Court for the district where the Land is
located.
(I) "Title ": the estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or
apparent matter that would permit a prospective purchaser
or lessee of the Title or lender on the Title to be released
from the obligation to purchase, lease or lend if there is a
contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation
secured by a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance of
the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (1) an estate or interest in
the Land, or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (1) in
case of any litigation as set forth in Section 5(a) below, or (ii) in
case Knowledge shall come to an Insured hereunder of any
claim of title or interest that is adverse to the Title, as insured,
and that might cause loss or damage for which the Company
may be liable by virtue of this policy. If the Company is
prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant
under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the
Company as required herein of a lien, encumbrance, adverse
claim or other defect in Title insured by this policy that is not
excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine
whether the lien, encumbrance, adverse claim or defect or
other matter is valid and not barred by law or statute. The
Company shall notify the Insured in writing, within a reasonable
time, of its determination as to the validity or invalidity of the
Insured's claim or charge under the policy. If the Company
concludes that the lien, encumbrance, adverse claim or defect
is not covered by this policy, or was otherwise addressed in the
closing of the transaction in connection with which this policy
was issued, the Company shall specifically advise the Insured
of the reasons for its determination. If the Company concludes
that the lien, encumbrance, adverse claim or defect is valid, the
Company shall take one of the following actions: (i) institute the
necessary proceedings to clear the lien, encumbrance, adverse
claim or defect from the Title as insured; (it) indemnify the
Insured as provided in this policy; (iii) upon payment of
appropriate premium and charges therefor, issue to the Insured
TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS (Continued)
Claimant or to a subsequent owner, mortgagee or holder of the
aid (i) in securing evidence, obtaining witnesses,
estate or interest in the Land insured by this policy, a policy of
prosecuting or defending the action or proceeding, or
title insurance without exception for the lien, encumbrance,
effecting settlement, and (ii) in any other lawful act that in
adverse claim or defect, said policy to be in an amount equal to
the opinion of the Company may be necessary or desirable
the current value of the Land or, if a loan policy, the amount of
to establish the Title or any other matter as insured. If the
the loan; (iv) indemnify another title insurance company in
Company is prejudiced by the failure of the Insured to
connection with its issuance of a policy(ies) of title insurance
furnish the required cooperation, the Company's obligations
without exception for the lien, encumbrance, adverse claim or
to the Insured under the policy shall terminate, including
defect; (v) secure a release or other document discharging the
any liability or obligation to defend, prosecute, or continue
lien, encumbrance, adverse claim or defect; or (vi) undertake a
any litigation, with regard to the matter or matters requiring
combination of (i) through (v) herein.
such cooperation.
4. PROOF OF LOSS.
(b) The Company may reasonably require the Insured
In the event the Company is unable to determine the amount of
Claimant to submit to examination under oath by any
loss or damage, the Company may, at its option, require as a
authorized representative of the Company and to produce
condition of payment that the Insured Claimant furnish a signed
for examination, inspection and copying, at such
proof of loss. The proof of loss must describe the defect, lien,
reasonable times and places as may be designated by the
encumbrance or other matter insured against by this policy that
authorized representative of the Company, all records, in
constitutes the basis of loss or damage and shall state, to the
whatever medium maintained, including books, ledgers,
extent possible, the basis of calculating the amount of the loss
checks, memoranda, correspondence, reports, e- mails,
or damage.
disks, tapes,
and videos whether bearing a date before or
5. DEFENSE AND PROSECUTION OF ACTIONS.
after Date
of Policy, that reasonably pertain to the loss or
(a) Upon written request by the Insured, and subject to the
damage. Further, if requested by any authorized
options contained in Sections 3 and 7 of these Conditions,
representative of the Company, the Insured Claimant shall
the Company, at its own cost and without unreasonable
grant its permission, in writing, for any authorized
delay, shall provide for the defense of an Insured in litigation
representative of the Company to examine, inspect and
in which any third party asserts a claim covered by this
copy all of these records in the custody or control of a third
policy adverse to the Insured. This obligation is limited to
party that reasonably pertain to the loss or damage. All
only those stated causes of action alleging matters insured
information designated as confidential by the Insured
against by this policy. The Company shall have the right to
Claimant provided to the Company pursuant to this Section
select counsel of its choice (subject to the right of the
shall not be disclosed to others unless, in the reasonable
Insured to object for reasonable cause) to represent the
judgment of the Company, it is necessary in the
Insured as to those stated causes of action. It shall not be
administration of the claim. Failure of the Insured Claimant
liable for and will not pay the fees of any other counsel. The
to submit for examination under oath, produce any
Company will not pay any fees, costs or expenses incurred
reasonably requested information or grant permission to
by the Insured in the defense of those causes of action that
secure reasonably necessary information from third parties
allege matters not insured against by this policy.
as required in this subsection, unless prohibited by law or
(b) The Company shall have the right, in addition to the options
governmental regulation, shall terminate any liability of the
contained in Sections 3 and 7, at its own cost, to institute
Company under this policy as to that claim.
and prosecute any action or proceeding or to do any other
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
act that in its opinion may be necessary or desirable to
TERMINATION OF LIABILITY.
establish the Title, as insured, or to prevent or reduce loss
In case of a claim under this policy, the Company shall have the
or damage to the Insured. The Company may take any
following additional options:
appropriate action under the terms of this policy, whether or
(a) To Pay or Tender Payment of the Amount of Insurance.
not it shall be liable to the Insured. The exercise of these
To pay or tender payment of the Amount of Insurance
rights shall not be an admission of liability or waiver of any
under this policy together with any costs, attorneys' fees
provision of this policy. If the Company exercises its rights
and expenses incurred by the Insured Claimant that were
under this subsection, it must do so diligently.
authorized by the Company up to the time of payment or
(c) Whenever the Company brings an action or asserts a
tender of payment and that the Company is obligated to
defense as required or permitted by this policy, the
pay.
Company may pursue the litigation to a final determination
Upon the exercise by the Company of this option, all liability
by a court of competent jurisdiction and it expressly
and obligations of the Company to the Insured under this
reserves the right, in its sole discretion, to appeal from any
policy, other than to make the payment required in this
adverse judgment or order.
subsection, shall terminate, including any liability or
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
obligation to defend, prosecute, or continue any litigation.
(a) In all cases where this policy permits or requires the
(b) To Pay or Otherwise Settle With Parties Other than the
Company to prosecute or provide for the defense of any
Insured or With the Insured Claimant,
action or proceeding and any appeals, the Insured shall
(i) To pay or otherwise settle with other parties for or in the
secure to the Company the right to so prosecute or provide
name of an Insured Claimant any claim insured against
defense in the action or proceeding, including the right to
under this policy. In addition, the Company will pay any
use, at its option, the name of the Insured for this purpose.
costs, attorneys' fees and expenses incurred by the
Whenever requested by the Company, the Insured, at the
Insured Claimant that were authorized by the Company
Company's expense, shall give the Company all reasonable
up to the time of payment and that the Company is
Form 5025548 (1 -3 -14) Page 4 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS (Continued)
obligated to pay; or
by the amount of the payment.
(it) to pay or otherwise settle with the Insured Claimant the
11. LIABILITY NONCUMULATIVE.
loss or damage provided for under this policy, together
The Amount of Insurance shall be reduced by any amount the
with any costs, attorneys' fees and expenses incurred
Company pays under any policy insuring a Mortgage to which
by the Insured Claimant that were authorized by the
exception is taken in Schedule B or to which the Insured has
Company up to the time of payment and that the
agreed, assumed, or taken subject or which is executed by an
Company is obligated to pay. Upon the exercise by the
Insured after Date of Policy and which is a charge or lien on the
Company of either of the options provided for in
Title, and the amount so paid shall be deemed a payment to the
subsections (b)(i) or (ii), the Company's obligations to
Insured under this policy.
the Insured under this policy for the claimed loss or
12. PAYMENT OF LOSS.
damage, other than the payments required to be made,
When liability and the extent of loss or damage have been
shall terminate, including any liability or obligation to
definitely fixed in accordance with these Conditions, the
defend, prosecute or continue any litigation.
payment shall be made within 30 days.
8. DETERMINATION AND EXTENT OF LIABILITY.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
This policy is a contract of indemnity against actual monetary
SETTLEMENT.
loss or damage sustained or incurred by the Insured Claimant
(a) Whenever the Company shall have settled and paid a claim
who has suffered loss or damage by reason of matters insured
under this policy, it shall be subrogated and entitled to the
against by this policy.
rights of the Insured Claimant in the Title and all other rights
(a) The extent of liability of the Company for loss or damage
and remedies in respect to the claim that the Insured
under this policy shall not exceed the lesser of:
Claimant has against any person or property, to the extent
(i) the Amount of Insurance; or
of the amount of any loss, costs, attorneys' fees and
(ii) the difference between the value of the Title as insured
expenses paid by the Company. If requested by the
and the value of the Title subject to the risk insured
Company, the Insured Claimant shall execute documents to
against by this policy.
evidence the transfer to the Company of these rights and
(b) If the Company pursues its rights under Section 3 or 5 and
remedies. The Insured Claimant shall permit the Company
is unsuccessful in establishing the Title, as insured,
to sue, compromise or settle in the name of the Insured
(i) the Amount of Insurance shall be increased by 10 %,
Claimant and to use the name of the Insured Claimant in
and
any transaction or litigation involving these rights and
(ii) the Insured Claimant shall have the right to have the
remedies.
loss or damage determined either as of the date the
If a payment on account of a claim does not fully cover the
claim was made by the Insured Claimant or as of the
loss of the Insured Claimant, the Company shall defer the
date it is settled and paid.
exercise of its right to recover until after the Insured
(c) In addition to the extent of liability under (a) and (b), the
Claimant shall have recovered its loss.
Company will also pay those costs, attorneys' fees and
(b) The Company's right of subrogation includes the rights of
expenses incurred in accordance with Sections 5 and 7 of
the Insured to indemnities, guaranties, other policies of
these Conditions.
insurance or bonds, notwithstanding any terms or
9. LIMITATION OF LIABILITY.
conditions contained in those instruments that address
(a) If the Company establishes the Title, or removes the alleged
subrogation rights.
defect, lien or encumbrance, or cures the lack of a right of
14. ARBITRATION.
access to or from the Land, all as insured, or takes action in
Either the Company or the Insured may demand that the claim or
accordance with Section 3 or 7, in a reasonably diligent
controversy shall be submitted to arbitration pursuant to the Title
manner by any method, including litigation and the
Insurance Arbitration Rules of the American Land Title
completion of any appeals, it shall have fully performed its
Association ( 'Rules'). Except as provided in the Rules, there shall
obligations with respect to that matter and shall not be liable
be no joinder or consolidation with claims or controversies of
for any loss or damage caused to the Insured.
other persons. Arbitrable matters may include, but are not limited
(b) In the event of any litigation, including litigation by the
to, any controversy or claim between the Company and the
Company or with the Company's consent, the Company
Insured arising out of or relating to this policy, any service in
shall have no liability for loss or damage until there has
connection with its issuance or the breach of a policy provision, or
been a final determination by a court of competent
to any other controversy or claim arising out of the transaction
jurisdiction, and disposition of all appeals, adverse to the
giving rise to this policy. All arbitrable matters when the Amount
Title, as insured.
of Insurance is $2,000,000 or less shall be arbitrated at the option
(c) The Company shall not be liable for loss or damage to the
of either the Company or the Insured, unless the Insured is an
Insured for liability voluntarily assumed by the Insured in
individual person (as distinguished from an Entity). All arbitrable
settling any claim or suit without the prior written consent of
matters when the Amount of Insurance is in excess of $2,000,000
the Company.
shall be arbitrated only when agreed to by both the Company and
10. REDUCTION OF INSURANCE; REDUCTION OR
the Insured. Arbitration pursuant to this policy and under the
TERMINATION OF LIABILITY.
Rules shall be binding upon the parties. Judgment upon the
All payments under this policy, except payments made for costs,
award rendered by the Arbitrator(s) may be entered in any court
attorneys' fees and expenses, shall reduce the Amount of Insurance
of competent jurisdiction.
Form 5025548 (1 -3 -14) Page 5 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CONDITIONS (Continued)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE 16. SEVERABILITY.
CONTRACT. In the event any provision of this policy, in whole or in part, is
(a) This policy together with all endorsements, if any, attached held invalid or unenforceable under applicable law, the policy
to it by the Company is the entire policy and contract shall be deemed not to include that provision or such part held
between the Insured and the Company. In interpreting any to be invalid and all other provisions shall remain in full force
provision of this policy, this policy shall be construed as a and effect.
whole. 17. CHOICE OF LAW; FORUM.
(b) Any claim of loss or damage that arises out of the status of (a) Choice of Law: The Insured acknowledges the Company
the Title or by any action asserting such claim, shall be has underwritten the risks covered by this policy and
restricted to this policy. determined the premium charged therefor in reliance upon
(c) Any amendment of or endorsement to this policy must be in the law affecting interests in real property and applicable to
writing and authenticated by an authorized person, or the interpretation, rights, remedies or enforcement of
expressly incorporated by Schedule A of this policy. policies of title insurance of the jurisdiction where the Land
(d) Each endorsement to this policy issued at any time is made is located.
a part of this policy and is subject to all of its terms and Therefore, the court or an arbitrator shall apply the law of
provisions. Except as the endorsement expressly states, it the jurisdiction where the Land is located to determine the
does not (1) modify any of the terms and provisions of the validity of claims against the Title that are adverse to the
policy, (ii) modify any prior endorsement, (iii) extend the Insured, and in interpreting and enforcing the terms of this
Date of Policy or (iv) increase the Amount of Insurance. policy. In neither case shall the court or arbitrator apply its
Each Commitment, endorsement or other form, or provision conflicts of laws principles to determine the applicable law.
in the Schedules to this policy that refers to a term defined (b) Choice of Forum: Any litigation or other proceeding brought
in Section 1 of the Conditions shall be deemed to refer to by the Insured against the Company must be filed only in a
the term regardless of whether the term is capitalized in the state or federal court within the United States of America or
Commitment, endorsement or other form, or Schedule. its territories having appropriate jurisdiction.
Each Commitment, endorsement or other form, or provision 18. NOTICES, WHERE SENT.
in the Schedules that refers to the Conditions and Any notice of claim and any other notice or statement in writing
Stipulations shall be deemed to refer to the Conditions of required to be given to the Company under this Policy must be
this policy. given to the Company at First American Title Insurance
Company, Attn: Claims National Intake Center, 1 First
American Way, Santa Ana, California 92707. Phone: 868•
6321642.
S S A M E R r C
♦ 'V
First American Title
Form 5025548 (1 -3 -14) Page 6 of 14 TX T-1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
First American Owner Policy of Title Insurance (T -1)
ISSUED BY
First American Title Insurance Company
Schedule A POLICY NUMBER
NCS- 643243 O
Name and Address of Title Insurance Company:
First American Title Insurance Company, i First American Way, Santa Ana, CA 92707.
File No.: NCS- 643243 -SNANT
Date of Policy: February 07, 2014 at 01:06 P.M.
Address for Reference only: Tract 1: 0.86 acre Right -of -Way, Tract 2: 1.89 acre Temporary, Construction
Easement,Tract 3: 0.46, acre Utility Easement -Maske Rd., Scheriz, TX
Amount of Insurance: $86,600.75 Premium: $892.40
1. Name of Insured:
City of Schertz, a Texas municipal corporation
2. The estate or interest in the Land that is insured by this policy is:
Tract i - Fee Simple
Tract 2 - Easement Estate
Tract 3 - Easement Estate
3. Title is insured as vested in:
City of Scheriz, a Texas municipal corporation
4. The land referred to in this policy is described as follows:
TRACT 1:
A 0.86 ACRE (37,624.7 SQ. FT.) RIGHT OF WAY DEDICATION SITUATED IN THE TORBIO HERRERA
LEAGUE NO. 68, ABSTRACT NO. 153 AND BEING A PORTION OF TRACT 1 - 12.325 ACRES AND TRACT 2
- 25.000 ACRES CONVEYED TO HARRY SIMS IN A SUBSTITUTE TRUSTEE'S DEED RECORDED IN
VOLUME 4080, PAGE 74 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING: AT A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET ON
THE SOUTHEASTERN LINE OF MASKE ROAD (R.O.W. VARIES), THE NORTHWESTERN LINE OF SAID
TRACT 2, FOR A CORNER OF THIS RIGHT OF WAY DEDICATION, FROM WHICH A 1/2 INCH IRON ROD
FOUND AT THE CUTBACK OF SAID MASKE ROAD AND F.M. 1518 FOR THE NORTHWESTERN CORNER OF
SAID TRACT 2 BEARS S 59 038'09" W - 38.51 FEET;
THENCE: N 59 138'09" E - ALONG THE SOUTHEASTERN LINE OF SAID MASKE ROAD AT 1480.12 FEET
PASS A' /2 INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET FOR THE
COMMON CORNER OF SAID TRACTS 1 AND 2, A DISTANCE IN ALL OF 2508.29 FEET TO A 1/2 INCH IRON
ROD FOUND FOR THE NORTHEASTERN CORNER OF SAID TRACT 1, FOR A CORNER OF THIS RIGHT OF
WAY DEDICATION;
THENCE: S 30 132'13" E - 15.00 FEET ALONG THE EASTERN LINE OF THE SAID TRACT 1 TO A 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET FOR THE NORTHWESTERN
Form 5025548 (1 -3 -14) Page 7 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
CORNER OF LOT 1, BLOCK A OF WINDY MEADOWS UNIT NO. 2 AS SHOWN ON A PLAT RECORDED IN
VOLUME 5, PAGE 305B OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, FOR A CORNER OF
THIS RIGHT OF WAY DEDICATION;
THENCE: S 59 138'09" W - ACROSS SAID TRACTS 1 AND 2, AT 1000.35 FEET PASS A 1/2 INCH IRON ROD
WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET ON THE COMMON LINE OF SAID TRACT 1
AND TRACT 2, A DISTANCE IN ALL OF 2493.52 FEET TO A 1/2 INCH IRON ROD WITH YELLOW PLASTIC
CAP MARKED "FORD ENG INC" SET FOR A COMER OF THE RIGHT OF WAY DEDICATION;
THENCE: N 30 021'51" W - 15.00 FEET CONTINUING ACROSS SAID TRACT 2 TO THE POINT OF
BEGINNING AND CONTAINING 0.86 ACRES (37,624.7 SQ. FT,) OF LAND, ACCORDING TO A SURVEY
MADE ON THE GROUND UNDER MY SUPERVISION;
TRACT 2:
A 1.89 ACRE (82,523.4 SQ. FT.) TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE TORBIO
HERRERA LEAGUE NO. 68, ABSTRACT NO. 153 AND BEING A PORTION OF TRACT 1 - 12.325 ACRES
AND TRACT 2 - 25.000 ACRES CONVEYED TO HARRY SIMS IN A SUBSTITUTE TRUSTEE'S DEED
RECORDED IN VOLUME 4080, PAGE 74 OF THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY,
TEXAS; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING: AT A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP SET FOR A CORNER OF A 0.86 ACRE
15.00 FOOT R,O.W. DEDICATION, THIS DAY DESCRIBED, FROM WHICH A 1/2 INCH IRON ROD FOUND
AT THE CUTBACK OF MASKE ROAD AND F.M. 1518 FOR A CORNER OF THE SAID TRACT 2 BEARS N
30 021'51" W -15.00 FEET;
THENCE: N 59 138'09" E - ACROSS THE SAID TRACT 1 AND TRACT 2, AT 1490.59 FEET PASS THE
COMMON LINE OF THE SAID TRACT 1 AND TRACT 2, A DISTANCE IN ALL OF 2508.33 TO A 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET FOR A CORNER OF THE SAID
15.00 FOOT R.O.W. DEDICATION, THIS DAY DESCRIBED, THE SAME BEING THE NORTHWESTERN
CORNER OF LOT 1. BLOCK A OF THE WINDY MEADOWS UNIT 2 AS SHOWN ON A PLAT RECORDED IN
VOLUME 5, PAGE 305B OF THE PLAT RECORDS OF GUADALUPE COUNTY, TEXAS, FROM WHICH A 1/2
INCH IRON ROD FOUND FOR THE NORTHEASTERN CORNER OF THE SAID TRACT 1 ON THE
SOUTHEASTERN LINE OF SAID MASKE ROAD BEARS N 30 032'13" W -15.00 FEET;
THENCE: S 30 132'13" E - 25.00 FEET ALONG THE EASTERN LINE OF SAID TRACT 1, THE WESTERN LINE
OF SAID WINDOW MEADOWS UNIT 2 TO A POINT FOR A CORNER OF THIS EASEMENT;
THENCE: S 59 138'09" W - ACROSS SAID TRACTS 1 AND 2, AT 1000.35 FEET PASS THE COMMON LINE
OF SAID TRACT 1 AND TRACT 2, A DISTANCE IN ALL OF 2493.52 FEET TO A POINT FOR A CORNER OF
THIS EASEMENT;
THENCE: S 01153 '06" E - 42.29 FEET CONTINUING ACROSS THE SAID TRACT 2 TO A POINT FOR A
CORNER OF THIS EASEMENT;
THENCE: S 63 144'46" E- 356,45 FEET CONTINUING ACROSS THE SAID TRACT 2 TO A POINT FOR A
CORNER OF THIS EASEMENT;
THENCE: CONTINUING ACROSS THE SAID TRACT 2, A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
08 007'58 ", A RADIUS OF 2733.58 FEET, AN ARC LENGTH OF 388.02 FEET AND A CHORD BEARING OF S
67 042'25" E- 387.69 FEET TO A POINT ON THE NORTHWESTERN LINE OF LOT 1; BLOCK 2 OF THE
WINDY MEADOWS SUBDIVISION AS SHOWN ON A PLAT RECORDED IN VOLUME 5, PAGE 50A OF THE
PLAT RECORD OF GUADALUPE COUNTY, TEXAS, THE SOUTHERN LINE OF SAID TRACT 2, FOR A
CORNER OF THIS EASEMENT;
THENCE: S 59 127'12" W - 33.13 FEET ALONG NORTHERN LINE OF SAID WINDY MEADOWS LOT 1,
BLOCK 2, THE SOUTHERN LINE OF SAID TRACT 2 TO A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP
MARKED "FORD ENG INC" SET FOR A CORNER OF A 0.46 ACRE UTILITY EASEMENT, THIS DAY
DESCRIBED, FOR A CORNER OF THIS EASEMENT;
Form 5025548 (1 -3 -14) Page 8 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
THENCE: ACROSS THE SAID TRACT 2, A LINE OF THE SAID 0.46 ACRE UTILITY EASEMENT, THIS DAY
DESCRIBED, A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 07 °40'46 ", A RADIUS OF 2758.58
FEET, AN ARC LENGTH OF 369.74 FEET AND A CHORD BEARING OF N 67 °28'49" W - 369.46 FEET TO A
1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" 'SET FOR A CORNER OF THE
SAID 0.46 ACRE UTILITY EASEMENT, THIS DAY DESCRIBED, FOR A CORNER OF THIS EASEMENT;
THENCE: N 63 044'46" W - 371.38 FEET CONTINUING CROSS THE SAID TRACT 2, A LINE OF THE SAID
0.46 ACRE UTILITY EASEMENT, THIS DAY DESCRIBED, TO A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP MARKED "FORD ENG INC" SET FOR A CORNER OF THE SAID UTILITY EASEMENT, THIS
DAY DESCRIBED, FOR A CORNER OF THIS EASEMENT;
THENCE: N 01153'06" W - 72.15 FEET CONTINUING ALONG THE SAID LINE TO THE POINT OF
BEGINNING AND CONTAINING 1.89 ACRES (82,523.4 SQ. FT.) OF LAND, ACCORDING TO A
SURVEY MADE ON THE GROUND UNDER MY SUPERVISION;
TRACT 3:
A 0.46 ACRE (20,169.6 SQ. FT.) UTILITY EASEMENT SITUATED IN THE TORBIO HERRERA LEAGUE NO.
68, ABSTRACT NO. 153 AND BEING A PORTION OF TRACT 2 - 25.000 ACRES CONVEYED TO HARRY
SIMS IN A SUBSTITUTE TRUSTEE'S DEED RECORDED IN VOLUME 4080, PAGE 74 OF THE OFFICIAL
PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING: AT A 1/2 INCH IRON ROD FOUND A THE CUTBACK LINE OF MASKE ROAD AND F.M. 1518
FOR THE NORTHWESTERN CORNER OF SAID TRACT 2, THE SAME BEING CORNER OF THIS UTILITY
EASEMENT;
THENCE: N 59 038'09" E - 38.51 FEET ALONG THE SOUTHERN LINE OF MASKE ROAD TO A 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET FOR A CORNER OF THIS
EASEMENT;
THENCE: S 30 °21'51" E - 15.00 FEET ACROSS SAID TRACTS 2 A 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP MARKED "FORD ENG INC" SET FOR A CORNER OF THIS EASEMENT;
THENCE: S 01053'06" E - 72.15 FEET CONTINUING ACROSS THE SAID TRACT 2 TO A' /2, INCH IRON
ROD WITH YELLOW PLASTIC CAP. MARKED "FORD ENG INC" SET FOR A CORNER OF THIS EASEMENT;
THENCE: S 63 044'46" E - 371.38 FEET CONTINUING ACROSS THE SAID TRACT 2 TO A 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG INC" SET FOR A CORNER FOR THIS EASEMENT;
THENCE: CONTINUING ACROSS THE SAID TRACT 2, A CURVE TO THE LEFT HAVING A DELTA ANGLE OF
06 040'46 ", A RADIUS OF 2758.58 FEET, AN ARC LENGTH OF 369.74 FEET AND A CHORD BEARING OF S
67 028'49" E - 369.46 FEET TO A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP MARKED "FORD ENG
INC" SET ON THE NORTHWESTERN LINE OF LOT 1, BLOCK 2 OF THE WINDY MEADOWS SUBDIVISION
AS SHOWN ON A PLAT RECORDED IN VOLUME 5, PAGE 50A OF THE PLAT RECORD OF GUADALUPE
COUNTY, TEXAS, THE SOUTHERN LINE OF SAID TRACT 2, FOR A CORNER OF THIS EASEMENT;
THENCE: S 59 027' 12" W - 29.74 FEET ALONG THE NORTHERN LINE OF SAID WINDY MEADOWS LOT 1,
BLOCK 2, THE SOUTHERN LINE OF SAID TRACT 2 TO A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP
MARKED "FORD ENG INC" SET ON THE NORTHEASTERN LINE OF F.M. 1518 (80' R.O.W.) FOR THE
SOUTHERN CORNER OF A SAID TRACT 2, THE NORTHWESTERN CORNER OF SAID WINDY MEADOWS
LOT 1, BLOCK 2, FOR A CORNER OF THIS EASEMENT;
THENCE: ALONG THE NORTHEASTERN LINE OF SAID F.M. 1518, THE SOUTHWESTERN LINE OF SAID
TRACT 2, A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 07 017'31 ", A RADIUS OF 2776.35 FEET,
AN ARC LENGTH OF 353.35 FEET AND A CHORD BEARING OF N 67 016'54" W - 353.11 FEET TO A 1/2
INCH IRON ROD FOUND FOR A CORNER OF THE SAID F.M. 1518, A CORNER OF SAID TRACT 2, FOR A
CORNER OF THIS EASEMENT;
THENCE: N 63 144'46" W - 405.74 FEET CONTINUING ALONG THE NORTHEASTERN LINE OF SAID F.M.
Form 5025548 (1 -3 -14) Page 9 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3-14)
Texas
1518, THE SOUTHWESTERN LINE OF SAID TRACT 2 TO A 1/2 INCH IRON ROD FOUND FOR A CORNER
OF THE SAID F.M. 1518, A CORNER OF THIS EASEMENT;
THENCE: N 01153'06 "W -70.68 FEET CONTINUING ALONG A LINE OF SAID F.M. 1518, A LINE TO THE
SAID TRACT 2 TO THE POINT OF BEGINNING AND CONTAINING 0.46 ACRES (20,169.6 SQ. FT.) OF
LAND, ACCORDING TO A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION.
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such
area or quantity is correct, but is made only for informational and /or identification purposes and does not
override Item 2 of Schedule B hereof.
Form 5025548 (1 -3 -14) Page 10 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
Countersigned at Houston, Texas
AUTHO,�,SIGt�RY''�
Form 5025548 (1 -3 -14) Page 11 of 14 TX T -I Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
N" First American
;;q;74
File No. NCS- 643243 -SNANT
Owner Policy of Title Insurance (T -1)
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the following matters:
The following restrictive covenants of record itemized below:
(the Company must either insert specific recording data or delete this exception)
Item 1 of Schedule B is hereby deleted in its entirety.
Any covenants, conditions or restrictions indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin are hereby deleted
to the extent such covenants, conditions or restrictions violate 42 USC 3604 {c }.
2, Any disereparieles, confliets, e shortages in area
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
C. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
S. Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters:
(the Company must insert matters or delete this exception)
This item has been intentionally deleted.
b. This item has been intentionally deleted.
C. Any portion of subject property lying within the boundaries of a public or private roadway
whether dedicated or not.
Form 5025548 (1 -3 -14) Page 12 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
d. This item has been intentionally deleted.
e. This item has been intentionally deleted.
f. Easement:
Purpose: Pipeline Easement
Recorded: January 16, 1929 in Volume 104, Page 132, of the Official Public Records
records, of Guadalupe County, Texas.
g. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together
with all rights, privileges, and immunities relating thereto, appearing in the Public Records
whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of
mineral interest that are not listed.
h. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by a Texas Society of Professional Surveyors, Category 2, Condition 2 survey made by
Ford Engineering Inc. by Rex. L. Hackett, R.P.L.S. No. 5573, on November 1, 2013, designated
Job Number 1124.91:
None
i. The terms and provisions contained in the document entitled "Utility Line Easement and
Temporary Construction Easement Agreement" recorded February 07, 2014 as Volume 4191,
Page 736 of the Official Public Records of Guadalupe County, Texas (Tract 1).
j. Section 14 of the Conditions and Stipulations of this policy is hereby deleted.
Form 5025548 (1 -3 -14) Page 13 of 14 TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
First American
Important Notice
ISSUED BY
First American Title Insurance Company
IMPORTANT NOTICE
AVISO IMPORTANTE
To obtain information or make a complaint:
Para obtener informacion o pare someter una queja:
You may call First American Title Insurance Company's
Usted puede llamar al numero de telefono gratis de First
toll -free telephone number for information or to make a
American Title Insurance Company's pare informacion o
complaint at.,
pare someter Una queja al:
1- 888 - 632 -1642
1- 888 -632 -1642
You may also write to First American Title Insurance
Usted tambien puede escribir a First American Title
Company at:
Insurance Company:
1 First American Way
1 First American Way
Santa Ana, California 92707
Santa Ana, California 92707
You may contact the Texas Department of Insurance to
Puede comunicarse con el Departamento de Seguros de
obtain information on companies, coverages, rights or
Texas pare obtener informacion acerca de companies,
complaints at:
coberturas, derechos o quejas al.•
1- 800 - 252 -3439
1- 800 - 252 -3439
You may write the Texas Department of Insurance:
Puede escribir at Departamento de Seguros de Texas:
P.O. Box 149104
P.O. Box 149104
Austin, TX 78714 -9104
Austin, TX 78714 -9104
Fax., (512) 475 -1771
Fax: (512) 475 -1771
Web: http: / /www.tdi.state.tx.us
Web: http : //www.tdi.state.tx.us
E -mail: ConsumerProtection @tdi.state.tx.us
E -mail: ConsumerProtection @tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium or
Si tiene una dispute concerniente a su prima o a un
about a claim you should contact First American Title
reclamo, debe comunicarse con el First American Title
Insurance Company first. If the dispute is not resolved, you
Insurance Company primero. Si no se resuelve la disputa,
may contact the Texas Department of Insurance.
puede entonces comunicarse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY.
UNA ESTE AVISO A SU POLIZA:
This notice is for information only and does not become a
Este aviso as solo pare proposito de informacion y no se
part or condition of the attached document.
convierte an parte o condicion del documento adjunto.
Form 50- TXNOTICE (11 -1 -09)
Page 1 of 1
Mandatory Complaint Notice (11 -1 -09)
Texas
Form 5025548 (1 -3 -14) Page 14 of 14
TX T -1 Owner's Policy of Title Insurance (Rev. 1 -3 -14)
Texas
%11� Vo q8 Pa9a_r_nZ
I I �I j 00220 4
RIGHT OF WAY,DEED OF DEDICATION
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.
RIGHT OF WAY DEED OF DEDICATION
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE
THAT AMME HOLDINGS, LLC, a Texas limited liability company (the "Grantor "),
hereby declares its intention to make a dedication, and does hereby GRANT, BARGAIN,
CONVEY, and DEDICATE, to the CITY OF SCHERTZ, a Texas municipal corporation (the
"Grantee "), for and in consideration of the benefits which will accrue to the Grantor and to the
public generally, the real property (the "Property ") described on Exhibit A attached hereto and
made a part hereof for all purposes.
This Right of Way Deed of Dedication and the conveyance herein set forth is delivered
by the Grantor and accepted by the Grantee subject to the matters set forth in Exhibit B attached
hereto and made a part hereof for all purposes (collectively, the "Permitted Exceptions ").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever;
and the Grantor does hereby bind itself, its successors and /or assigns to WARRANT and
FOREVER DEFEND all and singular the Property unto the Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof;
subject, however, to the Permitted Exceptions.
Notwithstanding anything herein to the contrary, this instrument in no way modifies or
diminishes the terms and obligations set forth in that certain Agreement for Dedication of Right -
of -Way dated effective as of :TU\Q " 2014 between Grantor and Grantee.
[Signatures and Acknowledgements on following pages]
50713230.3 D -1
vol Lcb page.2a-
Executed to be effective as of the date of the last signature below.
AS TO THE DEDICATION:
GRANTOR:
Amme Holdings, LLC,
a Texas limited liability company
By: /11 ddU eeC
Todd Burek
Manager
THE STATE OF TEXAS
COUNTY OF BEXAR
This instrument was acknowledged before me on the � d y of 2013
by Todd Burek, the Managing Member of Amme Holdings, LLC, a Texas limited liability
company, on behalf of such limited liability company.
(SEAL)
C. HOLMES
°_ Notary Public, State of Texas
My Commission Expires
�'•;'; o��;;�� Minch 07, 2016
Notary Pu lic in and for
The State of Texas
My Commission Expires:
[Signatures continue on nextpage]
50713230.3 D-2
VoLI Ilql _PagAl2q
GRANTEE:
CITY OF SCHERTZ,
a Texas municipal corporation
John essel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the ja day of 2014
by John C. Kessel, as City Manager of the City of Schertz, Texas, a Tunicipal
corporation, on behalf of such City.
MEGAN J. CLAY
��:....
� ; s Notary Public, State of Texas
;.y., My Commission Expires
October 06, 2015
AFTER RECORDING RETURN TO:
First American Title National Commercial Services
Attn: Megan J. Clay, Esq. (NCS- 643243)
1826 N. Loop 1604 W., Ste. 125
San Antonio, Texas 78248
50713230.3 D -3
My Commission Expires: 10 1 l0 11.5
,CX Nr131T" /+
I'
FORD ENGINEERING,
Date: November 05, 2013 Page I of 2
Project No: 1124.91 Project Natne: Maske Rd. Waterline
FIELD NOTES DESCRIPTION
0.86 ACRES (37,624.7 sq. ft.)
Right Of Way Dedication
A 0.86 Acre (37,624.7 sq. ft.) Right of Way dedication situated in the Torbio Herrera
League No. 68, Abstract No. 153 and being a portion of Tract I — 12.325 acres and Tract
2 — 25.000 acres conveyed to Harry Sims in a Substitute Trustee's Deed Recorded in
Volume 4080, Page 74 of the Official Public Records of Guadalupe County, Texas; being
more particularly described as follows:
BEGINNING: at a'' /, inch iron rod with yellow plastic cap marked "Ford Eng Inc" set
on the Southeastern line of Maske Road (R.O.W. Varies), the Northwestern line of said
Tract 2, for a corner of this right of way dedication, from which a % inch iron rod found
at the cutback of said Maske Road and F.M. 1518 for the Northwestern corner of said
Tract 2 bears S 59 °38'09" W — 38.51 feet;
THENCE: N 59 °38'09" E — along the Southeastern line of said Maske Road at 1480.12
feet pass a % Inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for the
conunon corner of said Tracts 1 and 2, a distance in all of 2508.29 feet to a % inch iron
rod found for the Northeastern comer of said Tract 1, for a corner of this right of way
dedication;
FENCE: S 30 °32' 13" E — 15.00 feet along the Eastern line of the said Tract I to a %2
:h iron rod with yellow plastic cap marked "Ford Eng Inc" set for the Northwestern
rner of Lot 1, Block A of the Windy Meadows Unit No, 2 as shown on a plat recorded
Volume 5, Page 305B of the plat records of Guadalupe County, Texas, for a corner of
s right of way dedication;
:NCE: S 59 138'09" W — across said 'tracts 1 and 2, at 1000.35 feet pass a' /] inch
rod with yellow plastic cap marked "Ford Eng Inc" set on the common line of said
t I and Tract 2, a distance in all of 2493.52 feet to a %x inch iron rod with yellow
is cap marked "Ford Eng Inc" set for a corner of this right of way dedication;
THENCE: N 30 °21'51" W — 15.00 feet continuing across said Tract 2 to the POINT
OF BEGINNING and containing 0.86 acres (37,624.7 sq. ft.) of land, according to a
survey made on the ground under my supervision;
10927 WYIE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAX: 590 -4940
1 -800- 332 -3109 Web Site: www.forderigineering.com TBPE No. F -1162
Corresponding plat prepared.
112491 Sims ROW,doex
BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE
COORDINATES, SOUTH CENTRAL ZONENAD 83193;
/ el -11, —
Rex L. Hackett
Registered Professional Land Surveyor
License Number 5573
I
Page 2 of 2
DRIVE, SUITE 104, SAN ANTONIO, TEXAS 76217 (210) 590 -4777 FAX: 590 -4940
1 -000- 332 -3109 Web Site: www.fordengineering.com THE No. F -.1162
-Vol__
9
0
!. \!
.I \
h
FS
U p yo
J Fb K
u q
g
0.
E
M
Z,
N J
so ooav
vzi I nm ¢ roo
oa
�a L)
Q U U
nN
6 LL ¢
Zo z
h
H Q}
E�
U
O �
U
c�
FU o.o UFv
V �
\
w o
J g
���6���nnnnnn
0&
fa ¢
Ic
c
r
O
J
.t N
r
O
J
Vol .
AlLpagq�'�
4 4
♦ �� iV! \ � M � ro �j LL N
lip- J-
v \
r�\ \\ zoo z
\ N
oP \ � ° = W
� v
aNui m
� .y b w Ui SS U OW:
Id _ R
re, t n C'izzo pn�
3W3 N'pU(YC�.C9y UN?,�p]aWWp
• e o� FF NQ.a to Vii= OQ W L
o
U' 5v Mrl \'`ad\ U 04 UH oO ma0 NOw u
Zbbi� 2zn i __MQ (�
ZNN V1Z \ N PN dtw. W{Z-Np �g =U Q '
Z J�J \ OV q �V' UU O� Q�i g2
4• Ua
to 5
Sq In �Oy .Qm Z o z
— —y �a4� in �.�G��'N�•F
Ir P`, ! /�O� pG f,PppW" A59
✓ ✓� \ try ,Ct'O V� � � �
/
1
v A
�r�\
o2
M89rm
��ffiS
z
p E
HBO
2
Z
o , Z
W
U mro r- 00
c.
�o a a 0W C5
F[x� Q Cp cpi Y.Z� �n(=9 Z s
�� �'aa�� zto'• <�iO7N oo
T
u o •S a N D `� �
y
D \ M 7 [s] [ 5 g
a N
WZt_Vo mso
to
o z
$t`t
'UP
b�
/
1
v A
�r�\
o2
M89rm
��ffiS
z
p E
HBO
2
Z
o , Z
W
U mro r- 00
c.
�o a a 0W C5
F[x� Q Cp cpi Y.Z� �n(=9 Z s
�� �'aa�� zto'• <�iO7N oo
T
u o •S a N D `� �
y
D \ M 7 [s] [ 5 g
a N
WZt_Vo mso
to
EXHIBIT `B" Vol q101 Page l a5
PERMITTED EXCEPTIONS
1) Any portion of subject property lying within the boundaries of a public or private roadway,
whether dedicated or not.
2) Pi eline Easement Recorded: January 16, 1929 in Volume 104, Page 132, of the Deed records,
ofpGuadalupe County, Texas.
3) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges and immunities relating thereto, appearing in the Public
Records whether listed in Schedule B or not. There may be leases, grants, exceptions or
reservations of mineral interest that are not listed.
FILED FOR RECORD
14 FEB -1 PM 1'06
TERESA KIE�
COUNTY CLERK GUAOAL , E COUNTY
BY
STATE OF TEXAS
COUNTY OF GUADALUPE
I candy this Insimmenlwas FILED on the
date and at the time stamped thereon and
was duly recorded In the Odiclal Public
Records of Guadellupa County, Te
`o�„t r coo .9 'jkt � "
s
TERESAKIEL
Gusdslupo County Clark
C`AE COU�
p ,,g. _2� _ I f X002205
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.
UTILITY LINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT AMME HOLDINGS LLC (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 0.46 -acre portion of that Tract 2 — 25.00 -acre tract of land of the
Grantor more particularly described in that instrument recorded in Volume 4080, Page 74 of the
Official Public Records of Guadalupe County, Texas (the "Premises "), and (2) a temporary non-
exclusive. construction easement and right -of -way upon and across a 1.89 -acre portion of the real
property located in Guadalupe County, Texas, as more particularly described on Exhibit B
attached hereto and incorporated herein for all purposes (the "Construction Easement ")
(collectively, the `Basements "). The Permanent Easement is granted for the purpose of
constructing, operating, maintaining, and repairing a water line (the "Water Line "). The
Construction Easement is granted for the purpose of facilitating the construction of the Water
Line,
The Easements herein granted are subject to the following terms, agreements,
reservations, conditions, covenants, limitations, and exceptions:
The Permanent Easement herein granted 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. The Construction Easement herein granted shall be located 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 Water Line construction, or (b) twelve (12)
months after commencement of construction, which commencement is hereby
50713230.3
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 Water 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 Water 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 Water 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 Water 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 Water 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 Water 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 Water Line for the Grantee to enter the Grantor's Premises for
the purpose of maintaining, repairing, operation, or altering the Water 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)
shall be entitled to do so and to recover all reasonable costs therefore from the
owner or owners,aointly and severally) of the Premises.
50713230.3
Vo l r'age`d IY __
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 Guadalupe County, Texas as of the
date hereof.
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 Construction 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 �p �yp��►{ 2014 (the "Effective Date ").
[ signatures and acknowledgements on the following pages J
50713230.3
kfn } LiL et Page
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date,
GRANTOR:
AMME HOLDINGS LLC
Na
Its:
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on the /; day of 1 r. , 201* by
'/ oJJ &44 e ,r`. , as jj�MME HOLDINGS LLC, on behalf of such
limited liability company.
(SEAL)
°.:e` °�'• ELIZABETH C. HOLM ES Notary Pu�b r m and for
Notary Commission Statexp Texas The State o
My Commission Expires �
March 07. 2016 r%
My Commission Expires: / �
50713230.3
VoL Vt I
GRANTEE:
CITY OF SCHERTZ
John essel
City Manager, City of Schertz
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the i A day of ZI 01N by
John C. Kessel; as City Manager of the City of Schertz, on behalf of such City.
MEGAN J. CLAY
=•; � Notary Public, State of Texas
y. �.< My Commission Expires
", "ol.`;�••• October 06, 2015
AFTER RECORDING RETURN TO:
First American Title National Commercial Services
Attn: Megan J. Clay, Esq. (NCS- 643243)
1826 N. Loop 1604 W., Ste. 125
San Antonio, Texas 78248
50717230.3
'WE 1 1 �WI1�
My Commission Expires: % 0 1 U IVS
November O5, 2013
xNa;11244t ,
Slinks in o Subst$tuly
Public Records of
foltowrl
EXHIBIT A
Utility Easement
vo1 ( page IqL --
a
AVIV
Ihxijaat Na4ta j��,;�
MONOTRSD ngub7o
(W6AG (W69.6r±q.tt)
Utlltty EAeealeot
1.) UWfty Emomaut iituawl In. tha'Corfib RwaA %t *o tft
WV a panJan of Tract 2 —23.140, v,%$ Convoyed to Hatt'
W# Mori lWordod in Volume 4080, Pam 74: of the 0"
bps County; Texas l roars pariloubdy Aesaiilied as
DEG NNING1 At VA 1110 Iron Md 1414W a the egftllc 11110 Of IVIVAQ RaUd Od R.iYl.
1518 fir the Notikwmem Comer of saki Trod 2, the same 1061119 comer of t* taiiity
TWICE N 54"3OW R 38,51 ft:et along the Sottihem he of-hbAO t Wjb a A
hwh Iron rod with yoibw plastlo enp nww "Ford &a lac" w for a omarI of two
eASttM0414
T11PACE2 8 30021'51" B -15.00 feet across sold Tracia2 a B inch hon rod withyallow
plastic oApavuW "Ford °og he out far a rower dthis comment,
ZIMCM S 01 °53'06° U - 72.15 feat conthwing Aeraas* dp O Mmt 2 to a % M
iron rod with yellow` plastic oaytaarkw"Ford&&fne, wt brucolwofddsW*Zeni;
AVENCA 8 63441401 S - 371.38 fees contimdgg oom" tW said Tract 2 to a % hA
hontodwhhyotlow plastic oopm4dked "Tod Iitgtnc Wlbr4 comer for this easomaiiil
18lid9(it Coe Mirka won the said Tract 2; a C%M t0 the ko haytitg a Delta aagle
of 06".40'.46 ", a AAdlo42758.58 feet, ep Ara length of 369.74 foot and,A dwx4 bcat?ng
of S 67°28'49" E- 369.46 feet to A yl loch irau rod udth yellow plastte cap snaritgd 4,V
ang W set ou the Nowmitam Has of Lot 1, Oleck 2 of the Windy Veedovia
`:ubdlvblon as Aowu o4 a plAd mootded.in Voluoo, S, Page "A of tlp5 Plat Awotd'of
S 59°27' i2" W-29,74 feet along d w Notdift 1140fsold'Wln&*kdow4
12, the South em line of sold Tim 210 A % inah'lmn rod with yolJawpin§do
"Pont fag Ind' ask an the Nwthaaitom Ow of 1:,.411.1518 {80' RAW for
1 conker of it Wd TM 21 Ow NoMw4ster}1 eomorofs@id tVindy M&*Ws
2'(4r it o0morafthls nwpatent;
50713230.3
1 2,x/3
Along the Northoaetoea lips of 004 FAL 1518, *o 8golbweatomfiueof Wd
lnch.IMIA rod found for a f of tho'OoM FM 1518, a comer of said Tr* % for a
cotmofttu owmmt,
TUNCn, N W44 W W - 40514 fito wafinaing along thDNotdoXa A Hue of said
F.M. 1518, the SoathwcOM But of chid Tract 2 to a Ya irit iron roll found far n o6mcr
oftile Wd F.M. 1518, a owwof th6 m gmant,
THENCEr N01° 53' 06" W- 705BtcaiconlingtagnlongeHnoofsaldf +M,J51i,diioo
to the said Traet 2 to the I!MNT l3F IIEi:INMO egil oonteining 0.46 acrra (10,169.6
a$ t1.) of lead, mcording fa amvay made on the Vound riniler mymgiarvhto));
50713230.3
WWII
R 11 .11
50713230.3
m
/1
1 /la/
/t
I
ltd
X44
if
E
N
m11
I
Vic _ �pagq''qq..
EXHIBIT B
Temporary Construction Easement
0%w Noveember 05, 2013 1'180.1
Pmject No, j124.1 ihojeotZVawo:&1@9 a1 &S tLi@
R�1l�$ cRSI
9 ACRD# (b'rd -sq.
Tewl"Imy Construction Ra merit
A 1,89 Acre (82,523.4 sq. ft) Tampoauy Comtruatiou E otatumt wAludbd iu tho loitiio
Harrera League No, 68, Abstma M, 153 find bring a ptkt m of 1' 4% 1 — 12,325 som
and Tana 2 — 25,000 some rowvgea to lbtry Sim to a Suhtdfiita 1Yustaa'd Deed
[tr:wded In Volumo 4080, Page 74 ofthe Wow Pub4c Rvottts of OuadutW Coui q,.
rexa9, botng mmpt rHootarlydaWbedm rwlow$;
BEGINNING: at a t4 IVA iron rod WWI yegow plasoo cap sat for a comer of n 0.86 am
-15.00 ibot R,p,W, dodicetiam,; this day desadbed, tYom �vhiah a 4+s inch imn and Aionil
it the cutback of h+ ue s Pwad W t 1518 Pow a wow of the chid Tract 2 bu iv9
10021151 "W —13,00 fta1;
1TffLNCM N 59°38'09 H — aetoas Lira said l?set Ind TwA l st 1490.591batplvs ha
wautou line oftltoadd frm 1 and Trust 2, o disivAm in all of 25003 to A 16 i"Irou
RA.W. dedlcmoo, this day deserlled, the atn w beiug 9w 7leAWoateni cortuir of I:ot L
Block A of do, Windy Meadows Unit aAS shown on a pig, �.in Vol me 3, Page
305B of the plat nvotds of ilusdalupo Ouituty, Texoc, t i 4, i4.lack h,,m %64
foltad for the Norihmstarr came or tow. Said Tmst I t +i tho &Odwadarn lino of mold
MaskeAoaz) btar6N30432 *13" W, MOD ftq,
THIMCRi 8 30032'13" H — 25,00 fiat slung the Rutetp line ofttald Tract: it dw
WeAtm Rw ofsaid- Window meadom Unit 1 to apoint fora con mSr of tldo o ft"w it;
ri". cz, 3 S9 038'09" W Moss. said Tracts i and 2, At 1040.35 *0 pas the
commton limOf said 9ta4 I and Trani 2, a dismmea bs all of 2493 =feat to a point hr
3tirtiex of thls ea98a1G7f;
8019 57' 06" 9 -42,29 fmcondnuing a=s tbeasldTrW2toapobdhq a
8 63°
44'40" 13 - 356,4$ fat toothudng a0ma the sNd huut 2 to a point for
Ckminidng ecmm the add Tract 2, a Claw to the sett ltavtng a Delta Oak
o Radius of 273358 felt, na Ara lmgfh of 389,02 flit end a Ch6rs1 boft
3" H— 387.69 fact to a ji dW, on the Nortta�s Rub crud 1, f$tO& 2 of
50713230.3
I ( Pa9O- 5
p Zvp
"tYi@TG�s ii 39°27'12" W — 33t3 fi9ot uloag Nartt,Nra lua df sdid 1Niedy Maadews
Lot 1, MU 2;& gowitra time of sald Tw 2 to a sR, i4ti wtud with ywilow &Rk
cap mu rW "Ford lug hw" set far a mme+r of a OA6 acre Wity lalsea)ant tW day
dcaWWd; ibreomm oflWaxasemAW;
TU NCEs ActoasUtbeatdTraat2, aB000fshaeaid0 .4dactoIINilly ➢ ueeateni,lTilbd
dworlbed, a Curvo to tho rigM having a golSa angle of O7°40'40", o ite" of 2758.58
feat; cut Am IwWhof369.14 Wand a Chord baarin9 OM67°28'4V WY369'46No to
a K imb iron nod wish yellow piastlo cep markal "Ford Beg IW' aa1 for a comer orOw
avid 0.46acro Utilityiiµstvrteat,.thle 4dwAbad, fora mmerofthtsa memoms
T) UN( McN63` 44' 46" W- 371. 38facdntlsndngawwstbadWTrca2 ,ai5 OHM
said OA6 acre udley Sescsnont, thls dqv dmalhed, m a % hush vat rod with yeVo v
plastle cap twW'Tod 'Lag hie set for a comer of shy 4asd UO* mat; thb.ihty,
doaoribed, for it corner ofttda easanent;
T�3/4'3>i. N Ol °53'06" W — 72,tS.i�et coakUsuiog along the said lGta W rfw Yt1iNT
OF IpWINNMG and ciiawnlas 1.84 sites (84S23A al. fly) of laud: mwd[n to a
wAV nWs a# tits gtwmd vm*rutvaapervlstav
50713230.3
Vo 1 C I page q- -
lip b
�r
g ,EU
50713270.3
qgi
a
I
i
rr,
a r
I �
g�
Mos
,'P,Z
pry�N
NNNZ
qrt
MR
g ,EU
50713270.3
qgi
a
I
i
rr,
a r
ICI
to
�.\
op
4 I� a
FILED
14 FEB -7 PM 1:06
FOR RECORD
50713230.3
RK UA�U�COUNTY C E GAtE COUNTY
DYL
����� LJ
STATE OF TEXAS
COUNTY OF GUADALUP E'
I CenIN inla Ina Wmant waa FILE] an In,
dale and at the time clamped thereon and
a
Vo le page. ` 9rl
e OKclel Public County, Texas. � f� _ ,,1 RESgKIEL po County Clork
u/3 3
3W W
W W
Whit
�aa y
yI�NN N
NNa
14 FEB -7 PM 1:06
FOR RECORD
50713230.3
RK UA�U�COUNTY C E GAtE COUNTY
DYL
����� LJ
STATE OF TEXAS
COUNTY OF GUADALUP E'
I CenIN inla Ina Wmant waa FILE] an In,
dale and at the time clamped thereon and
a
Vo le page. ` 9rl
e OKclel Public County, Texas. � f� _ ,,1 RESgKIEL po County Clork
AGREEMENT FOR DEDICATION OF RIGHT -OF -WAY
This Agreement for Dedication of Right -of -Way ( "Agreement ") between AMME
HOLDINGS LLC, a Texas limited liability company ( "Grantor "), and the CITY OF SCHERTZ,
TEXAS, a Texas municipal corporation ( "Grantee ", and collectively with Grantor, the "Parties "),
is entered into to be effective upon the last date of execution of this Agreement by the Parties
(the "Effective Date ").
NOW THEREFORE, in consideration for the conveyance of the Property (as hereinafter
defined) and the grant of the easements pursuant to the Easement Agreement (as hereinafter
defined) by Grantor to Grantee, as well as in consideration of the other mutual promises,
covenants, and agreements set forth herein, Grantee and Grantor agree to the following:
1. Grantor shall dedicate and convey fee simple title to the Property (as defined below) to
Grantee by a Right of Way Deed of Dedication, which deed is attached hereto as Exhibit
D. The "Property" is described as:
Being a 0.86 acre tract situated in the Torbio Herrera League No. 68, Abstract No. 153
and being a portion of Tract 1- 12.325 acres and Tract 2- 25.000 acres conveyed to Harry
Sims in a Substitute Trustee'' Deed recorded in Volume 4080, Page 74 of the Official
Property Records of Guadalupe County, Texas, and being more particularly described on
Exhibit A, attached hereto and incorporated herein for all purposes.
2. Grantor shall also execute a Utility Easement and Temporary Construction Easement
Agreement granting certain easements for the benefit of Grantee, its successors and
assigns, for the purpose of allowing construction activity that is directly and reasonably
related to the Maske Road water line and road expansion project (the "Project "), which
Easement Agreement is attached hereto as Exhibit B, attached hereto and incorporated
herein for all purposes (the "Easement Agreement ").
3. Grantee has contacted the Cibolo Creek Municipal Authority ( "CCMA") on Grantor's
behalf regarding tie -in connections to the gravity sewer main located in the Maske Road
right -of -way and operated by CCMA, Grantor will coordinate directly with CCMA to
facilitate tie -ins to the gravity sewer main located in the Maske Road right -of -way.
4. Grantee shall construct and install three (3) fire hydrants and three (3) 12 -inch stub -outs
for future potable water service to Grantor's remainder tract at the locations depicted on
Exhibit C, attached hereto and incorporated herein for all purposes.
5. Per the Maske Road Waterline Project Construction Plans on file in Grantee's offices,
there will be at least a six (6) foot separation between the water line that is installed as a
part of the Project and any utility poles that are currently installed on the Property.
6. At the closing of the conveyance of the Property and the grant of the easements pursuant
to the Easement Agreement (the "Closing "), Grantee shall file releases of liens releasing
those liens held by the Grantee as shown on Schedule C of the Commitment for Title
Insurance, dated November. 25, 2013, issued by First American Title Insurance
50713230.3
Commitment as File No. NCS- 643243- SNANT, which Schedule C is attached hereto as
Exhibit E and incorporated herein for all purposes,
7. Grantor and Grantee agree that the Closing shall be performed at the offices of First
American Title National Commercial Services at 1826 N. Loop 1604 W., Suite 125, San
Antonio, Texas 78248, with Megan J. Clay serving as escrow officer. The Parties further
agree that the costs of closing and title insurance shall be paid exclusively. by Grantee.
8. The Parties understand that this Agreement, and the conveyance of the Property required
by Grantor to Grantee herein, shall be subject'to and contingent upon approval of this
Agreement and acceptance of the conveyance of the Property by the action of the City
Council of the City of Schertz, Texas.
9. The. Closing shall occur within ten (10) business days following said approval by the City
Council of the City of Schertz, Texas.
10. This Agreement embodies the, entire understanding of the Parties; there are no further or
other agreements or understandings, written or oral, in effect between the Parties. The
drafting, execution, and delivery of this Agreement by the parties have been induced by
no representations, statements, warranties, or agreements other than those expressed in
this Agreement, and except as expressly provided to the contrary, the provisions of this
Agreement are for the benefit of the Parties solely and not for the benefit of any other
person(s) or entities.
11. A waiver, alteration, or modification of any of the provisions of this Agreement will not
be binding unless in writing and signed by authorized representatives of the Parties to this
Agreement.
12. A determination by a court of law with competent jurisdiction that a section or any part of
a section of this Agreement is void, invalid, or unenforceable for any reason, shall not
render void, invalid, or unenforceable any other section or any part of any other section
of this Agreement.
13. Except to the extent governed by United States law that preempts state law, this
Agreement shall be governed by and construed in accordance with the laws of the State
of Texas.
14. 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 shall be construed
together and shall constitute one and the same Agreement.
50713230.3 - 2 -
15. All notices, requests, demands, or other communications affecting the terms of this
Agreement shall be in writing, and shall be deemed to have been duly given if delivered
in person, by facsimile or within five (5) days after deposited in the United States mail,
postage prepaid, certified, with return receipt requested. Notice shall be addressed to the
Parties as follows.
GRANTEE: City of Schertz, Texas
1400 Schertz Parkway
Schertz, TX 78154
Attention: City Manager
(210) 619 -1000
Facsimile No. (210) 619 -1050
GRANTOR: AM E ldin LLC
k� -
Phone: 7-11) –3 11 f
Facsimile No.
(Remainder ofpage intentionally left blank]
50713230.3 .3-
Executed to be effective as of the Effective Date.
GRANTOR:
AMME HOLDINGS LLCM
By: Todl Burek, Manager/Member
Date: �"-A
GRANTEE:
CITY OF SCHERTZ,
a Texas municipal corporation
By: John t. Kessel, City Manager
Date: 1 -9A —W
50713230.3 -4-
EXHIBIT A
PROPERTY DESCRIPTION
05; 2013 Page I oJ2
41 projcatNej=Mob td,- Waterlin
WELDAMUS
0,06 ACIiI✓S Plj624,7 s+ ft)
RIg6t Of WAy Uedleotiou
0:46 Acre (37,624,7 sq. ft).liight.uf Way dedication situated in, the Torbio 1lerrcra
ape 68 Abstract No. 153 and being a portion of Tract I — 12:325: acres and Tract
- 25.000 acres conveyed to Harry Sims in a, Substitute Trustee's Deed Recorded In
flume 4680, Page 74 of the Official public Records of Guadalupe County, Taxes; bel4g
GINNINGt at a 15 iaah iron rod With yellow, plastio oaop marked °pofd M)g MOM
the Southeastern line of Mapke Rood (R,O,W, Varles),;the Northweatent,line of seld
ict 2, for a comer of this.right of way dedication, from which a ( inch hou rod found
be outback of said Madre Road and P,M, 1518 for die Northwestern corner of sold.
Let 2beam S 59'38109" W 38.51 feet;
IENCX. N 59 °38'A9° B along the SoutQeastera.lia0:of Bald Masko Road at 1480.12
t pass a Y inch iron rod with yellow plastic cap tnatked 417ord Env InO to for the
anion corner of said Tracts 1. and 2,4 distance in all of 2508:29 feet to; a %, inch iron
found for the Nottlimitem corner of said 'IYeat 1, fore i ordct• of this'tigin of way
ENC'Ft $ 30 °32'13" E - 15.00 feet along the Eastern lira of the.Wd Tract 1 to s.Y,
v Iron rod with yellow plastic ;cap marked Tord 1?ng loos': net for' tho'Nortltwestatn .
lei of Lot 1, Block A ofthe Wiady Moad6ws, Unit No. 2 m shown on a platrecorded
tolame 5, Page 305E of the plat records of Guadalupe.County, Texas, fore comer of
right.of way dedication;
ENq% 9 59 °38'09" W " across said Traots.I and 2, at 1000,35 feat pass a'l if(ofi
L rod with yellow plastic oap marked Void 134 Inc" set ,0.n the common 1140 of mid
at t and 'tract 2, s distance in aft, of 240M.Nct to a S's.iaeh iron rod with yellow
tla cap marked "Ford Epg 1uo ;t'for a corn of tltis rig6tof Pray dedlaatloa;
"Cc, N 90021'51" W - 15,00 -feet aotitimdog tcrosa Said Tract 2 to the POINT
HEGMI NG autl, containing 6;86 acres (37+624.7 sq. it.) of land, aecoriNri8 to a
ey horde on the ground undermyaep8ry )sloe;
SUM 104, SAN ANTONIO, TEXAS 70217 (20)500-4771 FA)( 500A940
1.-800-332-309 Web situ www.for4englneering. 4irj TAPE No. FtW
50713230.3 A -1
p33' WO
pN%l�
8
50713230.3 A -2
Y
If 4
;r gh. 7z
W..m Cq
j1d
tip
N
M,
50713230.3 A-3
I
till g
50713230.3 A -4
EXHIBIT B
UTILITY LINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
[See allached ]
507!3230.3
EXHIBIT C
LOCATIONS OF FIRE HYDRANTS AND SUB -OUTS
�srva :txtr:i�:. S1N31N3/IOb'dW /2/3l YM ��a iU
OVOFJ- YWVN-O'T7 9ON /070H 3WNH
If
3 K
i 1
atp� I �• �''-�'9�
1 y//
/
R
�a
P�
i+
K
a
ti
3
50713230.3 C -1
�QY
�Y
/ / H
I
i
rl� WWI
I*4 lei I'll
lI_\
PUBLIC UTILITY EASEMENT AGREEMENT
50715776.2 A -1