14-R-24 - Betty Joe Boggess Estate - Maske Road Waterline ProjectRESOLUTION NO. 14 -R -24
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING AND AUTHORIZING AN
AGREEMENT FOR A PUBLIC UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT ALONG MASKE ROAD
FROM THE ESTATE OF BETTY JOE BOGGESS IN CONNECTION
WITH THE MASKE ROAD WATERLINE PROJECT, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an agreement for a Public Utility Easement and Temporary Construction Easement
with the Estate of Betty Joe Boggess (collectively, the "Grantors "), in the form attached hereto as
Exhibit A (the "Agreement'); and
WHEREAS, the City needs to acquire the Public Utility Easement 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 Public Utility 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 Public Utility Easement and Temporary Construction Easement 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 18th day of March, 2014.
CITY CHERT XAS
Michael R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
EXHIBIT A
PUBLIC UTILITY EASEMENT AGREEMENT
A -1
EXHIBIT B
LEGAL DESCRIPTION OF THE PUBLIC UTILITY EASEMENT
VOl4 212 ?G0130 i q_ 005897
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
PUBLIC UTILITY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
Estate of Betty Joe Boggess, 2550 Betty Joe Lane, Schertz, Guadalupe County, Texas
( "Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does
hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule
city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an
easement and right -of -way ( "Easement ") upon and across approximately 0.34 acres, located in
Guadalupe County, Texas, and which is more particularly described on Exhibit "A ", attached
hereto and incorporated herein by reference ("Easement Tract "),
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and
assigns, together with the rights, and privileges and on the terms and conditions set forth below;
and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to
WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof.
Terms and Conditions: The following terms and conditions apply to the
Easement granted by this agreement:
1. Definitions. For the purposes of this grant of Easement certain terms shall have
the meanings that follow:
(a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms
of this agreement.
(b) "Permitted Improvements" shall mean landscaping or planting of
vegetation; but shall not mean driveway. Sidewalks, parking facilities or
other impervious cover, or the construction of a building or structure
unless such installation or construction is approved in writing by the City
Manager or the City Manager's designee.
VOL4 212 PGO 7 3 1
(c) "Public Utility" shall mean water utilities.
2. Character of Easement. The Easement granted herein is "in gross," in that there is
no "Benefitted Property." Nevertheless, the Easement rights herein granted shall
pass to Grantee's successors and assigns, subject to all of the Terms hereof. The
Easement rights of use granted herein are nonexclusive and irrevocable. The
Easement is for the benefit of Holder.
3. Purpose of Easement. The Easement shall be used for public utility purposes,
including placement, construction, installation, replacement, repair, maintenance,
relocation, removal, and operation of public utility facilities and related
appurtenances, or making connections thereto. The Easement shall also be used
for the purpose of providing access for the operation, repair, maintenance,
replacement and expansion of the public utility facilities and related
appurtenances.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
5. Reservation of Rights. Holder's right to use the Easement Property is
nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the
right to use all or part of the Easement Property in conjunction with Holder as
long as such use by Grantor and Grantor's heirs, successors, and assigns does not
interfere with the use of the Easement Property by Holder for the Easement
Purpose. Specifically, Grantor shall not construct any building, structure or
obstruction on the Easement Property. Grantor's right to use the Easement
Property includes the installation of Permitted Improvements and the right to
convey to others the right to use all or part of the Easement Property in
conjunction with Holder, as long as such further conveyance is subject to the
terms of this agreement; and provided such further conveyance is approved in
writing by Holder through its City Manager.Any improvement made by Grantor
(Permitted Improvement) must comply with applicable ordinances, development
codes and engineering guidelines of the City of Schertz.
6. Secondary Easement. Holder has the right (the "Secondary Easement" or
"Temporary Construction Easement ") to use the surface of the 25 foot wide area
adjacent to the Easement Property, and is more filly described in Exhibit `B ", to
assist in the initial installation and as may be reasonably necessary to maintain,
repair and replace the Facilities within the Easement Property of the Facilities
within the Easement Property. However, Holder must promptly restore the area
of the Temporary Construction Easement to its previous physical condition if
changed by use of the rights granted by this Secondary Easement.
7. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the Facilities will be at the sole expense of Holder. Holder has the
right to eliminate any encroachments into the Easement Property. Holder has the
V014212 H0132
right to construct, install, maintain, replace, and remove the Facilities under or
across any portion of the Easement Property. All matters concerning the Facilities
and their configuration, construction, installation, maintenance, replacement, and
removal are at Holder's sole discretion, subject to performance of Holder's
obligations under this agreement. Holder has the right to remove or relocate any
fences or other encroachments within the Easement Property or along or near its
boundary lines if reasonably necessary to construct, install, maintain, replace, or
remove the Facilities. Holder will also replace to their original condition any
landscaping, driveways or parking areas that were in existence prior to the
granting of the Easement Property and are damaged in connection with the work.
8. Maintenance of Szaface Easement Property/Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement Property, including the obligation to
regularly mow or cut back vegetation and to keep the surface of the Easement
Property free of litter, debris, or trash.
9. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and
commanding compliance. Restraining orders and injunctions will be obtainable on
proof of the existence of interference or threatened interference, without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and will
be obtainable only by the parties to or those benefited by this agreement;
provided, however, that the act of obtaining an injunction or restraining order will
not be deemed to be an election of remedies or a waiver of any other rights or
remedies available at law or in equity.
10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and
court and other costs.
11. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. Choice of Laiv. This agreement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the
county or counties in which the Easement Property is located.
13. Counterparts. This agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same
instrument.
14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting
party fails to declare immediately default or delays in taking any action. Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
VO14212 P60733
15. Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts
necessary or appropriate to perform the terms, provisions, and conditions of this
agreement and all transactions contemplated by this agreement.
16. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly
set forth in this agreement.
17. Exceptions to Warranty. This grant is subject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
18. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties, the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa. Article and section headings in this agreement are for reference only and
are not intended to restrict or define the text of any section. This agreement will
not be construed more or less favorably between the parties by reason of
authorship or origin of language.
19. Notices. Any notice required or permitted under this agreement must be in
writing. Any notice required by this agreement will be deemed to be delivered
(whether actually received or not) when deposited with the United States Postal
Service, postage prepaid, certified mail, return receipt requested, and addressed to
the intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission,
or other commercially reasonable means and will be effective when actually
received. Any address for notice may be changed by written notice delivered as
provided herein.
20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to
be accurate, and constitute a part of the substantive agreement. All exhibits
referenced herein are attached hereto and incorporated by reference herein for all
purposes.
21. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representation or modification concerning this instrument shall be of no
force and effect except for any subsequent modification in writing, signed by the
party to be charged.
VOt4212 P60 134
IN WITNESS WHEREOF, this instrument is executed this � day of
2014.
GRANTOR:
ESTATE OF BETTY JOE BOGGESS
By: 1 y
(Grantor's Signature)
E6 rT 4�u 5S-i
(Printed Name)
GRANTOR:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
e
By:
Jo C. Kessel, City Manager
ATTEST. �`�1
�� 10%, l'Illafi••.
Brenda
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me i
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VOL4212 P60735
THE STATE OF TEXAS
COUNTY OF GUADALUPE § q
This instrument was acknowledged before me on 2011 , by
John C. Kessel, City Manager of the City of Schertz, Texa a Texas home -rule municipality, on
behalf of said municipality.
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Notary Public Signature
VGL4 21 2 PGO 13 6
EXHIBIT "A"
EASEMENT TRACT
VOL 4212 PG0737
EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT TRACT
VGL4212 PG0738
FORD ENGINEERING, INC.
Date: November 05, 2013 Page I of 2
Project No: 11 .24.91 Project Name: Maske Rd, Waterline
FIELD NOTES DESCRIPTION
0.34 ACRES (14,697.2 sq. ft.)
Utility Easement
A 0.34 Acre (14,697.2 sq. ft.) Utility Easement situated in the Torbio Herrera League No.
68, Abstract No. 153 and being a portion of the remainder of that certain 44.6264 acre
tract conveyed to Betty Joe Boggess in a Special Warranty Deed Recorded in Volume
1080, Page 400 of the Official Public Records of Guadalupe County, Texas; being more
uarticularly described as follows:
BEGINNING: at a %2 inch iron rod found on the Northwestern line of Maske Road
(R.O.W. Varies) for the Southwestern comer of a 7.783 acre tract conveyed to Jon P.
Chalker et al in Volume 2628, Page 1 of the Official Public Records of Guadalupe
County, Texas, the Southeastern comer of the remainder of the said 44.6264 acre tract,
for a comer of this easement;
THENCE: S 59°22'26" W — 914.90 feet along Northern line of said Maske Road, the
Southern line of the remainder of the said 44.6264 acre tract to a'% inch iron rod with
yellow plastic cap marked "Ford Eng Inc" set for the Southwestern comer of the
remainder of the said 44.6264 acre tract, the Southeastern comer of that certain 10.38
acre tract conveyed to the City of Schertz in Volume 2113, Page 243 of the Official
Public Records of Guadalupe County, Texas, for a comer of this eaement;
THENCE: N 85 °26'38" W — 27.19 feet along the Western line of remainder of the said
44.6264 acre tract, the Eastern line of the said 10.38 acre tract to a %2 inch iron rod with
yellow plastic cap marked "Ford Eng Inc" set for a corner of this easement;
THENCE: N 59121'12" E — 941,54 feet across the remainder of the said 44.6264 acre
tract to a %2 Inch iron rod with yellow plastic cap marked "Ford Eng Ine" set on the
Eastern line of the remainder of the said 44.6264 acre tract, the Western line of the said
7.783 acre tract, for a comer of this easement;
THENCE: S 15 °11'52" E — 16.60 feet along the Eastern line of the remainder of the
said 44.6264 acre tract, the Western line of the said 7.783 acre tract to the POINT OF
BEGINNING and containing 0.34 acres (14,697.2 sq. ft.) of land, according to a survey
made on the ground under my supervision;
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
VO14212 P60739
---7:7j WEI
FORD ENGINEERING, INC.
Corresponding plat prepared.
112491 Boggess Utility Esmt.docx
ARE BASED ONLAMBERT GRID, TEXAS STATE PLANE
TES, SOUTH CENTRAL ZONE NAD 83193,
Rex L. ackett
Registered Professional Land Surveyor
License Number 5573
Page 2 of 2
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
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V014 212 P60 7 41
FORD ENGINEERING, INC.
Date: February 04, 2014
Project No: 1124.91
Page I of 2
Project Name: Maske Rd. Waterline
FIELD NOTES DESCRIPTION
0.552 ACRES (24,040.5 sq. ft.)
25 feet Temporary Construction Easement
A 0.552 Acre (24,040.5 sq. ft.) 25 feet Temporary Construction Easement situated in the
Torbio Herrera League No. 68, Abstract No. 153 and being a portion of the remainder of
that certain 44.6264 acre tract conveyed to Betty Joe Boggess in a Special Warranty Deed
Recorded in Volume 1080, Page 400 of the Official Public Records of Guadalupe
County, Texas; being more particularly described as follows:
BEGINNING: at a %2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set
on the Western line of a 7.783 acre tract conveyed to Jon P. Chalker et al in Volume
2628, Page 1 of the Official Public Records of Guadalupe County, Texas, the Eastern line
of the remainder of the said 44.6264 acre tract, the Northeastern corner of a permanent
water line easement, this day described, for a comer of this easement, from which a '/2
inch iron rod found on the Northwestern line of Maske Road, for the Southeastern corner
of the remainder of the said 44.6264 acre tract, the Southwestern comer of the said 7.783
acre tract bears S 15 °11'52" E -16.60 feet;
THENCE: S 59 °21'12 W — 941.54 feet across the remainder of the said 44.6264 acre
tract to a %2 inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the
Western line of the remainder of the said 44.6264 acre tract, the Eastern line of that
certain 10.38 acre tract of land conveyed to the City of Schertz in Volume 2113, Page
243 of the Official Public Records of Guadalupe County, Texas, for the Southernmost
Northwestern comer of the said permanent water line easement, this day described, for a
comer of this easement, from which a Much iron with yellow plastic cap marked "Ford
Eng Inc" set on the Northwestern line of said Maske Road, for the Southwestern comer
of the remainder of the said 44.6264 acre tract, the Southeastern comer of the said 10.38
acre tract bears S 85°26'38" E — 27.19 feet;
THENCE: N 85 026'38" W — 2.13 feet along the Western line of remainder of the said
44.6264 acre tract, the Eastern line of the said 10.38 acre tract to a comer of this
easement;
THENCE: along the Western line of remainder of the said 44.6264 acre tract, the
Eastern line of the said 10.38 acre tract a Curve to the right having a Delta angle of
05 °24'26 ", a Radius of 409.25 feet, an Are length of 38.62 feet and a Chord bearing of N
82 038'30" W-38.61 feet to a corner of this easement;
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
VoL4212 P50142
MI
J FORD ENGINEERING, INC.
Page 2 oft
THENCE: N 59121'12" E — 980.61 feet across the remainder of the said 44.6264 acre
tract to a point on the Eastern line of the remainder of the said 44.6264 acre tract, the
Western line of the said 7.783 acre tract, for a comer of this easement;
THENCE: S 15 °11'52" E — 25.94 feet along the Eastern line of the remainder of the
said 44.6264 acre tract, the Western line of the said 7.783 acre tract to the POINT OF
BEGINNING and containing 0.552 acres (24,040.5 sq. ft.) of land, according to a survey
made on the ground under my supervision;
Corresponding plat prepared.
112491 Boggess 25ft Temp Const Easement.docx
BEARINGSARE BASED ONLAMBERT GRID, TEXAS STATE PLANE
COORDINATES, SOUTH CENTRAL ZONE NAD 83193,
R& L. Hacke
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
VO14212 P60743
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/O�N'fY CO(i
G �1'4T
This page has been added by the Guadalupe County Clerk's office to
comply with the statutory requirement that the clerk shall stamp the
recording information at the foot of the last page of the document.
This page becomes a part of the document identified by Document Number
l `[- S 91 affixed on the first page of this document.
�cz�afSiz
1400 Se4�axwj
sj.►+Y�- 7i- -11) �i'
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FILED FOR RECORD
14 APR -9 PM 4; 17
TERESA KIEL
COUNTY CLERK GU'ADDAALUPECOUNTY
DY_ -� - -.4!l- .
STATE OF TEXAS
COUNTY OF GUADALUPE
I certify this instrument was FILED on the
date and at the time stamped thereon and
was duly recorded in the Official Public
Records of Guadalupe County, Texas.
4eJNty Ce�4 &L� Jr 0
/ .
c n r[11R_�(/
9�4p`r
Guadalupe COUnry Clerk