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14-R-30 - Town Creek Sewer Extension Phase III Project on FM 482RESOLUTION NO. 14 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADDITIONAL ENGINEERING SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATED TO ENGINEERING AND DESIGN FOR THE TOWN CREEK SEWER EXTENSION PHASE III PROJECT ON FM 482, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (the "City ") has a design for the Town Creek Sewer Extension Phase III (the "project ") from Ford Engineering, Inc; and WHEREAS, the City has a need to realign the sewer extension thereby changing the scope of work for the project; and WHEREAS, the City staff has recommended that the City enter into an additional Engineering Services Agreement with Ford Engineering, Inc. for the Town Creek Sewer Extension Phase III; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an additional Engineering Services Agreement attached hereto as Exhibit A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the additional Engineering Services Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 S. 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 mecting, including this Resolution, Nvas given, all as required by Chapter 551, Texas Government Code, as amended, Sectioti 7. This Resolution shall be in force and effect from and after its final passage, and it is so, resolved. PASSED AND ADOPTED, this 25th clay of March, 2014, CIT -O'r"SCHE'i'R-1�7",," TEXAS . . .... .. . ................ M " c ael R. Carpenter, Mayor ATTEST: 'A A 0 Brenda Dermis, City Secretary (CITY SEAL) 5x1715716.2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 5 0715776.2 A -1 O 4, ENGINEERING9 & February i 2014 Page I of 2 Project i f 25 toot Temporary Construction Easement A 0.234 acre (10,194.1 sq. ft.) temporary construction easement situated in the Rafael Garza Survey No, 98, Abstract No. 175 and being a portion of that certain 65.449 acre tract of land conveyed to Joan Blanchard recorded in Volume 573, Page 626 of the Deed Records of Comal County, Texas and being more particularly described as follows: BEGINNING: at a point on the Northernmost Western line of the said 65.449 acre tract, the Eastern line of that certain 5.93 acre tract of land conveyed to Joseph Hendrix recorded in Document No. 200306034249 of the Official Public Records of Comal County, Texas, from which a '/ inch iron rod found on the Southeastern line of Farm Marked Road No. 482 for the Northwestern coiner of the said 65.449 acre tract, the Northeastern corner of the said 5.93 acre tract bears N 30 °08'55" W — 159.91 feet; THENCE: N 03 °46'39" W — 83.55 feet across the said 65.449 acre tract to a point for a corner of this easement; THENCE: N 25 °22'51" E — 131.63 feet continuing across the said 65.449 acre tract to a point on the Northwestern line of the said 65.449 acre tract, the Southeastern line of said Farm Market Road No. 482, for a corner of this easement; THENCE: N 63 °5948" E — 38.52 feet along the Northwestern line of the said 65.449 acre tract, the Southeastern line of said Farm Market Road No. 482 to a point for a corner of this easement; THENCE: S 30105'15" E —16.67 feet across the said 65.449 acre tract to a point on the Northwestern line of a 15 foot sanitary sewer easement, Part One, recorded in Volume 784, Page 250 of the Deed Records of Comal County, Texas, for a corner of this easement; THENCE: S 59 °54'45" W --- 22.54 feet along the Northwestern line of the said 15 foot sanitary sewer easement to a point for a corner of the said sanitary sewer easement, for a corner of this easement; THENCE: S 25°22'51" W — 127.21 feet continuing along the Northwestern line of the said 15 foot sanitary sewer easement to a point for a corner of the said sanitary sewer easement, for a corner of this easement; THENCE: S 03 °46'39" E -- 71.19 feet continuing along the Western line of the said 15 foot sanitary sewer easement to a point for a corner of this easement; 1 0927 WYE DRIVE, SUITE 144, SAN ANTONIO, TEXAS 78217 (210) 590 -4777 FAX. 590 -4940 1 -800- 332 -3109 Web Site: wwwfordengineering.eom TBPE No. F -1162 Page 2 of 2 THENCE: S 30 108'55" E — 176.47 feet across the said 65.449 acre tract and crossing the said 15 foot sanitary sewer easement to a point for the Southeastern corner of this easement; THENCE: S 59'48'14" W — 25.00 feet continuing across the said 65.449 acre tract to a point on the Western line of the said 65.449 acre tract, the Eastern line of the said 5.93 acre tract for the Southwestern comer of this easement; THENCE: N 30 °08'55" W --- 182.34 feet along the said line to the POINT OF BEGINNING and containing 0.234 acre (10,194.1 sq. ft.) of land; according to a survey made under my supervision. Corresponding plat prepared. 1124.260304 Blanchard Temp Esmt. REVISED 02 -27 -2014 Rex L. Hackett Registered Professional Land Surveyor License Number 5573 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAX: 590 -4940 1- 800 -332 -3109 Web Site: www.fordengineering.com TBPE No. F -1162 11 JI'5 3 ACRfS'y vac. NO. 20OM6034249 STATE OF TEXAS: COUNTY OF COMAL : g`L 0� RAFAEL GARZA l SURVEY No. 98 X25' TEMP CONST. ESMT. A -175 0.234 Acres 10,104,1 Sq. Feat S { O \� L I, REX L, HACKETT, DO HEREBY CERTIFY THAT THIS PLAT W PREPARED FROM AN ACTUAL SURVEY MADE ON T RSUND AND UNDER MY SUPERVISION. /f l RBJ[ t ITACmv DATE. 02- 0e•20t4 PROJECT NO.: 1124.280304 TEMP DRAWN BY: R,L.H. REVISED 02 -27 -2014 0 ....R ... EX L. HACx� ................ .... '..o. W3 Joon Rionchard 65.449 ACRES VOL 57,, PO. 626 LINE BEARING DISTANCE L1 N 03'46'39 "W 83.55' L2 N 25'22'51" E 131.63` L3 N 63'59'48" E 38.52 L4 S 30'0515 E 16.67' L5 S 59'54'45" W 22.54' L6 S 2522'51" W 127.21' L7 S 0,3'46'39" E 71.19' L8 S 30'08'55" E 176.47' L9 S 59 "48'14" IN 25.00 L1O lN 30'06'55" W 11 82.34 PLAT SHOWING 0.234 AC. — 10,194,1 SQ. Fr. TEMPORARY CONST. ESMT. SITUATED IN THE RAFAEL GARZA SURVEY NO. 98, ABSTRACT NO. 175, BEING A PORTION OF THAT CERTAIN 65.449 ACRE TRACT OF LAND CONVEYED TO JOAN BLANCHARD RECORDED IN VOLUME 573, PAGE 626 OF THE OFFICIAL PUBLIC RECORDS OF COMAL CO., TEXAS = FORD ENGINEERING INC. ENGSNEERING " PLANNING , DEVELOPMENT 10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217,(2t()) 5904777 Tame Soddy of PYafeufond SWM)VM