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15-R-61 - Easement for constructing - crossvineRESOLUTION NO. 15 -R -61 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PERPETUAL EASEMENT FOR CONSTRUCTING, OPERATING, MAINTAINING, AND REPAIRING A STORM SYSTEM AND RELATED DRAINAGE IMPROVEMENTS WITH ADDITIONAL 6, LLC, A TEXAS LIMITED LIABILITY COMPANY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City execute and deliver a perpetual easement for the purposes of constructing, operating, maintaining, and repairing a storm system and related drainage improvements with Additional 6, LLC, for the use, benefit, and control of Additional 6, LLC ( "Grantee "); and WHEREAS, Schertz 1518,. Ltd. granted a tract of land to the City of Schertz for a future park; and WHEREAS, the drainage channel will provide for improved flow of drainage across the City's park property; and WHEREAS, drainage channel that will provide for improved flow across the property to the existing detention pond that serves as an amenity to the City Park that benefits the entire community; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute and deliver to the Grantee the perpetual Drainage Easement 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 perpetual Drainage Easement to the Grantee in substantially the form set forth on Exhibit A, with such minor modifications that may be authorized by the City Manager, in consultation with the City Attorney, provided that no such modifications shall be contrary to, or inconsistent with, the Drainage Easement attached hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 21st day of July, 2015. CITY O Z. TEXAS Michael R. Carpenter, Mayor ATTEST: � k f j w It-, / 4 Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A EASEMENT AGREEMENT DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR § WHEREAS, THE CITY OF SCHERTZ, a body politic and corporate and a governmental agency of the State of Texas ( "Grantor "), whose address is 1400 Schertz Parkway, Schertz, Texas 78154, is the owner of a certain tract of land situated in Bexar County, Texas ("Grantor's Property "); and WHEREAS, Grantor desires to create, grant and convey certain easement rights over, across and within the portion of Grantor's Property (the "Easement Area ") described on Exhibit A attached hereto and incorporated herein by reference, for the benefit of ADDITIONAL 6, LLC, a Texas limited liability company ( "Grantee "), whose address is 8227 Elm Glade, San Antonio, Texas 78251, together with all existing and future owners of the real property situated in Bexar County, Texas (the "Benefited Property "), being more particularly described on Exhibit B attached hereto and incorporated herein by reference. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter set forth and other good and valuable consideration paid to Grantor, the receipt and sufficiency of which are hereby acknowledged, Grantor agrees as follows: 1. Grantor hereby creates, grants and conveys unto the Grantee a perpetual easement and right -of -way (the "Easement ") over, across and within the Easement Area for the purpose of constructing, maintaining and repairing storm system and related drainage improvements in the Easement Area (the "Drainage improvements"), 2. The right is reserved by and unto Grantor and all future owners of Grantor's Property to use the Easement Area for any and all purposes, provided such use shall not interfere with the use or purpose of the Easement or the exercise by Grantee of the rights herein granted, including the right to construct any desired improvements on, above or under the Easement Area so long as the improvements constructed allow the storm water drainage from the Benefitted Property to outflow in accordance with governmental requirements. Grantee and its respective successors and assigns and future Association shall have the right to prevent interference with the Easement and to remove all possible hazards thereto, which right shall be enforceable by any means available at law and /or in equity. 3. The Easement granted hereunder shall constitute a covenant running with the land for the benefit of the Grantee and the Benefited Property, and shall burden Grantor's Property and bind the owner(s) thereof. 4. The terms of this instrument shall be governed and interpreted according to Texas law, andvenue for any disputes between the parties hereto shall be in Bexar County, Texas. C:\ Users \814422 \Downloads \Drainage Easement (2).docx Page I 1 5. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 6. Grantee shall indemnify and hold harmless Grantor from and against any and all claims, damages, liability and related expenses (including, without limitation, the costs of litigation and attorneys fees) arising out of the breach of this Easement, personal injury or death or damage to Grantor's Property caused by Grantee or Grantee's employees, contractors or subcontractors, not caused by Grantor or Grantor's employees, contractors or subcontractors. 7. Each party shall have and be entitled to enforce all rights and remedies at law or in equity including the following: If either party defaults in the performance of its obligations hereunder and the default is not cured within thirty (30) days following delivery of written notice, then the non - defaulting party shall have the right to perform such obligation on behalf of the defaulting party, in which event the defaulting party shall immediately pay to the non - defaulting party all reasonable amounts expended plus an administration fee of fifteen percent (15 %) of such sum, together with interest thereon at the maximum amount permitted by law from the date the amounts are expended until the date repaid. In the event of a breach by any party hereto of any obligation of such party under this Agreement, the non - defaulting party shall be entitled to injunctive relief mandating compliance herewith, and shall be entitled to obtain a decree hereunder. The undersigned hereby acknowledge and stipulate the inadequacy of legal remedies and irreparable harm which would be caused by the breach of this Agreement, and such non - defaulting party shall be entitled to relief by any and all other available legal and equitable remedies from the consequences of such breach, including termination of the Easement. Any costs and expenses of any such proceeding, including reasonable attorney's fees, shall be paid by the defaulting party. 8. This instrument may be executed in one or more counterparts each of which when taken together shall constitute one instrument. TO HAVE AND TO HOLD the above described Easement and other rights unto the Grantee, its successors and assigns forever (subject to the terms hereof and all matters of record), and Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular, the above described Easement and other rights unto said Grantees and their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. [The balance of this page intentionally left blank. Signatures appear on the following pages.] C :\ Users \13J4422 \Downloads \Drainage Easement (2).docx Page ( 2 EXECUTED to be effective as of the STATE OF TEXAS COUNTY OF BEXAR day of June, 2015. GRANTOR: THE CITY OF SCHERTZ By: Type or Print Name: Title: Before me on this day personally appeared , of THE CITY OF SCHERTZ, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this Texas AFTER RECORDING RETURN TO: 8227 Elm Glade San Antonio, Texas 78251 day of , 2015. Notary Public in and for the State of C:\ Users \BJ4422 \Downloads \Drainage Easement (2).docx Page 13 Exhibit A Easement Area [See following pages] C;\ Users \BJ4422 \Downloads \Drainage Easement (2),docx Page 14 PIRIM LIMI SE NO, 10122300 FIELD NOTES 1, Olt A 0.4055 OF AN ACRE 20' WIDE, DRAINA(,,E BASEMENT A 0,4055 of on acre, tract of land, a Proposed 20 Tirol ~vide Drainage f aseniont, out of the Julian Diaz Survey No, 66, Abstract No. 187, County Block, 5059 and over and across a 13.10 acre tract conveyed to City of Schortz of record in Volume. 14:3:32 Nags 1215 of the Uflicial Public Records (it' Real Property of Boxar County, 'Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found %2" iron rod Willi a cap stamped "I)MC 3403" in the northeast line of a 6.00 acre tract of land conveyed n) Additional 6, LL,C of record in Volume 16469 Page 2047 of the Official Public Records of Bexar County, Texas, for the south~ oM corner the 13,10 acre tract and (tic southeast corner of a 15 font L)rainacc and Tltility Easement in the Sedona tIr►it No. 1, a st►bdivisi<in plat of record in Volume 9583 l a�,es 73 -711 of the Decd and Plat Records of Bexar County, Tcxas, for the northwest corner of the easeniew described hnrciw THENCE: N 60°11'54" E along and with the common line tiI (lie 15 foot Drainage and Utility Easement and the 13. 10 acre tract, a distantu of 20,00 feet to a sel 1/2" iron rod with Yellow Plastic Crap Stamped "KFW EASEMENT" in the southeast line of Lot 14, Block 2 of Sedona Unit No. 1, for the northeast corner of the casement described herein, '['HENCE: Leaving the southeast line of ].of 1=1, Block 2, over and across the 13,10 acre tract, the. I'olloNving twenty -two (22) coursos: 1, S 29 °48106" E parallel to and 20 foot from the northeast lint: of the 6.00 acre tract, a distance of 397.13 feet to a sot 1 /2" iron rod with Yellow Plastic Cup Stamped "KM EASEMENT ", for a point of curvaurre, to the. loft of the easement described horcin, 2. Nvith a curvo to the left, having tut arc of 22.22 feet, a radius of 27.50 feet, a delta of 4648111111, and a chord bears S 52"57'11" E, a distance of 21.62 feet to a sit 1/2" iron rod with Yellow Plastic Cap ,stamped "K17W l A SWENT ", for a point of tangency, 3, S 76"0(,'16" E, a distance of 10.62 feet to a set 1/2" iron rod with Yellow Plastic Cap Statttpoil "KF\V EASPIMENT ", !'or a point o1' curvature to the right ol'the casement described herein, 4. with a curve to the right, having an arc of 30,71 foot, a radius of 37.50 feet, a delta of 46 °55'23 ", ' and a chord bears S 52 "38135" E, it distance of 29.8Ci lcet to a set 1/2" iron riot with Yellow Plastic Cap Stamped "KFW F,ASU;'MENT ", fora point of tangency, 5. S 29`10'53" E, a distance. of 139.86 rum to a set 1 /2" iron rod with Yellow Plastic Cap Stamped "KFW EASEMENT ", for a point of curvatul'c to the left of the easement described herein, 6, with a curve to the left, having an arc of* 37.16 feet, a radius of 37.50 1'ect, a delta of S6 "46'26" and a -chord bears S 57 "34'06" E, a distance of 35,66 feet to a set I /2" iron roll with Yellow Plastic: Cap Stamped "KFW EAS)rM NT" for a point of tanrt:ttcy, 7, S 85 057'20" K a distance: of 70.31 foot to a set 1/2" iron rod with Yellow Plastic Cup Stamped "KFW EASEh, EN'.0 ", for a point of curvature- to the left of the easentont described herein, C :\ Users \814422 \Downloads \Drainage Easement (2),docx Page 15 8. with a curve to the lell, having an are of 18.42 feet, a radius of 87.50 feel, a delta of 12003'39 ". and a chord bears N 88°00'51" E, a distance of J8,38 feet to a sct I /2" iron rod with Yellow Plastic Cap Stamped "K5- V BASEMENT", Pura point of tangency, '). N 81 °59102" E, a distance of 94,29 feet to a set 112" iron rod with Yellow Plastic Cap Stamped "MN' EASEMENT for a paint of c in-vature to the left of the easement described herein, 10. with a curve to the left, having an arc: 01'8,01 feet, a radius of 26,21 foot, a delta of 171130'48 ", and a chord bears N 72 °56',55" E, a distance of 7.98 feet to it set 1/2" iron rod with Yellow Plastic Cap Stamped "MV EASEMENT ", for a point 'of tangency, 11. N 63 055103" E, a distance of 39.31 feet ton set 1 /2" iron roof with Yellow Plastic Cur Stamped "Ki; W EASEMENT", for the easterly corner of (lie oascment described herein, 12. S 26 "04'57" E, a distance of 20.00 feet to a set 112" iron rod With Yellow Plastic Cap Stamped "KMV EASEMENT "", for the southeast corner of the easement described herein, 13, S 63 °55103" 1V, it distance of 39.41 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "MV EASEMENT for a point oC curvature to the right of the easernut described herein, l4, with a curve to the right, having an arc of 14.10 feet, a radius of 46,22 feet, n delta of 17 °28'27", and a chord bears S 72 °55'48" W, a distance of 14.04 feet to a set 1 /2" iron rod with Yellow Plastic Cap Stamped "KFFW EASEMENT% for a point of tangency, 15. S 81''59102" NV, n distance. of 94.41 feet to a set 1/2" iron rod with Yellow Plastic Cap Stamped "K5- V EASEMENT", for a point of curvature to the right of the easement described herein, 16, with a curve to the right, having an arc of 22.63 feet, a radius of 107,50 feet, a delta of 12103139 ", and a chord N-ars S 88100151" NV, a distance of 22.59 lout to a sot 1 /2" iron rod with Yellow Plastic Cap Stamped "KF1V CAS1.MENT ", for n point of tangency, 17. N 85°,57'20" NV, a distance of 70,31 feet to a set 1 /2" iron rod with Yellow Plastic Cap Stamped "I T7W EASEMENT ", for a point of curvature to the riSlht of the casement described herein, 18, with a curve to the right, having an are of 56.98 feet, a radius of i7.50 feet, a delta of 56 °46'26 ", and a chord hears N 57 °34106" W, a distance of 54,67 feet to a set 1 /2" iron rod with Yellow Plastic Cap Stamped "KFW EAST MENT ", for a point of tangency, 19. N 29 °10'53" 1V, a distance of 139.86 feet to a set 1/2" iron rod with Yellow Plastic Cup Starnpecf "KF7W EASEMENT ", fur it point of curvature to the left of the easement described herein, 20, with a curve to the left, having An are of 14.33 feet, it radius of-17.50 feet, a delta of 46 °55'23 ", and a chord hears N 52"38'35" NV, a distance: of 1.3 93 feet to it set 1/2" iron rod with Yellow Plastic Cap StmnPM "KFW EASPMENIT ", for a point of tangency, 21. N 76 °06116" 1V, a distance of 10.62 feet to a sot 1 /2" iron rod with Yellow Plastic Cap Stamped "K.FW EASEMENT ", for a point of curvature to the right of the: easement described herein, and 22. with a curve. to the right, having an are ol'38.39 feet, a radius of 47.50 feet, a delta of 46 °1811.0 ", and a chord bears N 52 °57111" W, a distance of 37,35 feet to a set 1/2" iron rod with Yellow Plastic: Cap Stamped "K1 -W EASF.,MEN'I "' in the northeast line of the 6,00 acre tract and the southwest line of the 13,10 acre tract, for a point of tangency; C:\ Users \BJ4422 \Downloads \Drainage Easement (2).docx Page 16 ,rHENC:E: N 29'48'06" NV along and with the c:urnmon line of the 6,00 acre tract and the. 1:3.10 acre tract, a distance of 397.13 (ec,t to the POINT OF BEGINNING and containing 0.40,55 acres or 17,664 sdUare feet more or less, in the City of Schcrti, Bexar County, Texas. Said easement heim de.scribed in accordance with an exhibit prepared by KFW Surveying. 11 Job No,: Preparod by Date: file:: 12.028 KFW SurvoyiII May 21.201:5 S:\Driw 2012 \12 -028 Sedonn TrililADOCSt1'N 0.4057 AC ) kcc-. . C :\ Users \B14422 \Downloads \Drainage Easement (2).docx page 17 NOTES 1,BEARINGS ARE BASED ON THE S7ATE PLANE COORDINATE SYSTEM ESTABLISHED FOR THE TEXAS SOUJII CENTRAL ZONE 4204, NORTH AMERICAN DATUM (NAD) OF 1983. 2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SAN ANTONIO AND BEXAR COUNTY ORDINANCES AND RESTRICTIONS, scACrrf =fco' 3. METES AND BOUNDS WERE PREPARED FOR THIS EXHIBIT, 4, SET IRON PINS ARE 1/2" DIAMC -TER REBAR WITH A CAP STAMPED KPW EASEMENT', SYMBOL LEGEND O FIR FOUND f/2' IRON ROO OR A$ NOTED ©S(R SET 112- IR014 ROD WNHAYELLOW OAP STA&(PEV 'KrW V S55fElll' P.D.H PowrOFLW01llNfNC BLOCK 2 SEDONA UNIT NO. 1 (VOL, 9683 PGS. 71.78) 13 LOCATION MAP NO'1- TO-SCALII 13,10 ACRES (VOL, 14332 PG, 1215) OWNER: C17Y OF SCII R7-4 � tv JULIAN DIAZ SURVEY d10, 66, AB S. NO 187 COUNTY BLOCK Lu 50,59, BEXAR COUNTY, TEXAS S29. °48'06"E 397.13' N60 "1`1'S7'ef�'f roucJ4ca' �N29 °'48rO6-W397.13' - -ice •�'� w 20.00' `" 6 L VAAIS SURVEY No. 60, ABS, NO, 216 COUNT Y P' BLOCK BLOCK 5060, DLXAR COUNTY, TEXAS Z 6.00 ACRES (VOL, 16469, PG, 20'17) 0..4055 A .RF TRAC T OWNFR: ADDITIONAL 6, L4C (17,664 SQ. FT)' 20' WIDE DRAINAGE EASEMENT curw Toth 011. # LENGTH RADJU5 DELTA CHORO RRC OHCf(D DIST Ol - 2222' _ I 27,50' 40' fa' 10' I S52' ST f I E 21sz' 02 9p.77' 37.50' 46'55'99' - -- 857136'35•E 9066' C9 143;Y �_.._ .. 17,50' ......_. 46'S5'9J' - --- llST'38'JS tY IJ p3' G �0 98.99' a7, 0' ' 46 Pr 16' - - -_ . N52' V IIIN 57 95' Lmo rdQb LfNE# I INMTH DIRECTlO'4 S76'05'16'F � f 9 f O.62 � N76' 66' 10111 hrn�r.. AJ G� f -Li" V� 106 -alk, SIR sin �. nr(., SIR G% 5672 S U .� EGISTERED PROFESSIONAL LAND SURVEYOR NO. 5672 MAIL:TSEIDEL@KFWENGINEERS.COM ATE OF SURVEY: 05/zl/7,015 PROJECT NO,: 12.028 C` -- CXIa /B /T OF dO.�OSf n NIACR$T1+ACl U� W,D. A PROP, �Sfll :V'W\'>4'c1'vl,YLtCPFaff.Vt'IA; OJT OF TW. Ak tANG(aL5UR'Y6'YAV. ld,ARS)RAUf Na OL CCWYTY.11o`f,WpF N AD 01'ERA'!O AMA;SA 1J.f0ACRL 7WICTGY1.VNihO 7UCJIYOFSGIJ2R N'ACCCWO n :YKRt '1rsxN Al MOVE scvJ"ACI� 171 SOFT //. CffFL'lAL FVi>W RECQSOSd'NlG 11,V ATY +I7�lrt tlfnxN .(rnri��n.w, CP8- ARC(:NNfY.ILXS - ..._. .. _... "^ nY... ntc2o rat " SIIE1 T.' 1 OF2 11YC0.' 4Va�lltl (A {klfNlT(:YHCLDIfILNWf(/,W 1,N! ».Ij 3101 A'Afll MA%Wflt0 K Ctj; AWWt YAW$MlM -2 Rfh 1VHiYR7rMtY�l1li11J! YLAIYPVt 1 May. �• W 5!li: f13+.IVi;L':d,K1N11M1YSnv>t uV^:r fcau frl.,n >: a......, C:\ Users \BJ4422 \Downloads \Drainage Easement (2),docx Page 18 NOTES f,13E4 RINGS ARF. BASED ON THE STATEPLANF COORDINATE SYSTEM ESTABLISHF,D FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTII AMERICAN DATUM (NAD) OF 1983. / \`111333 2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SANANTONIO AND BEXAR COUNTY ORDINANCESAND RESTRICTIONS. sclltt -: 1 =nu 3, ME1 'ES AND BOUNDS WERE PREPARED FOR THIS EXlIIHIT, 4. SET IRON PINS ARE 112 'DIAMETER RF.BAR WITHA CAP STAMPED KPW EASEMENT° LOCKHON A'1/ \P NOT'TO- SCAIX sytt80116 E:D OFIR POUND 1AVIROIIROOORAS1J07EN 0S!.4 SF.TW'1R0NRDDWtrHAYEtLOV1 CAP STA1dPED'HFYGISE,1(b711' P,U,N. PORITOr•P.6GINNINO S26 °04'57 "E 20.00' N63'55'03 "E srR w .0 S/R S63 °55'03 "W 39.31' — I ,._ 39,49' 0.4055 ACRE TRACT s!R — srR (17,664 SQ. FT.) C5 SIR O s( - C6 20' WIDE DRAINAGE EASEMENT NS 1 °59'02 "E- -•�`/ 7 94, 29' / /' , S81 °59'02 "W � 4 0 / 94.41' / O SIR 13,10 ACRES W S85-5720"E ` / p slR 7 (VOL. 1'1332 PG, f21$) OWNER: CITY OFSCHERTZ Z � S29 °10'53 ",E s,R 1 //-lN85 °G7'20 "W 139.86'.._ sry 3 p /0 SrR 70.31' C8 W 139.86' Z 53.618 ACRES N, C.B. 16560 IU— (VOL. 037, PG, 1538) OWNER: ALVINL. GRF,AVES Carvo Taco Curve N LENGTH HADWS DELTA CHORD BRG CHORD DIST ^C9 37.16 37,50' 66`46'26' S57. 34'06'E 35.66'T C4 yCS 18.42' 8460' 12103'30' N881001511E 10,38' 8,01' 26,21' 1T30'4B' M2'J66'6y'E�y 7.98' C6 14.0' 2767 46,2! 17.28'27' f2'03'39' S72'55'40tiV 14.04' 22,59' C7 107,50" S88.O0'5f•W 56.95' 67.50' 56' 46-26- N57' 34' OS'1V C8 _ 54.67 r URVE.YOR NO, 5677. )M PROJECT N0, :12.028�,/r �J AO-40,'i 6!ANACNE IWIC7CFrAt ,Yl,GY1tCFOSF.Cn/'lif.F. OfUVrAU4'C.LYkII Nf, W( OP !N.S,Alt.U.40NZ SUNVtY110, E6, A8STptCi /,C, 191, CL'UNIYAL6:X:GJAA:U s OY9N Ah'q AChUSSA 1: 11UAU7C 71LiGIGJ85�c.YE076 G11YUF 8GIK.4 tZ tlF REt:Q'Ll na:.t.�r „9n4,,, Ilt 'rCtf //,(Gt4 ;V7FY,G�'1df0q °TIic CF/11;Nt Yt19[froCjCyop SGI . rZopCf+t111Y OEXAR Clilm 1Y, tws Incny';�yT,Y71AaS 11ft Hifl:4tila rny/ /Nf(AA nll l."3 �lu'RoA'al :11 MNY.W llll) 1111: r4_11 Y—”" -- v 111-11 anuw....u._.., ... «......,.._., — . SHCE'Tr P. OF 2 C:\ Users \614422 \Downloads \Drainage Easement (2).docx Page 19 Exhibit B Benefited Pro-pe�fty TRACT 1: 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT B -1 ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. TRACT 2: 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1823, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS. SAID 6.000 ACRES BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT B -2 ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. C :\ Users \614422 \Downloads \Drainage Easement (2);docx Page 110 EXHIBIT B -1 TRACT 1 34.689 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS; SAID 34.689 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE NORTH 62 DEGREES 34 MINUTES 01 SECONDS EAST 18.13 FEET ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD FOUND WITH CAP MARKED "3959 "; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE RIGHT HAVING THE FOLLOWING PARAMETER: RADIUS= 686.78 FEET, ARC LENGTH= 600.09 FEET, CHORD BEARING= NORTH 85 DEGREES, 14 MINUTES, 26 SECONDS EAST AND CHORD LENGTH= 581.18 FEET TO 1/2" IRON ROD FOUND; THENCE SOUTH 71 DEGREES 08 MINUTES 03 SECONDS EAST 15.35 FEET CONTINUING ALONG THE SOUTH RIGHT -OF-WAY LINE OF LOWER SEGUIN ROAD TO A 1/2" IRON ROD SET WITH CAP MARKED "RPL'S 5578 "; THENCE CONTINUING ALONG THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD AND ALONG A CURVE TO THE LEFT HAVING THE FOLLOWING PARAMETERS: RADIUS= 603.70 FEET, ARC LENGTH= 31.18 FEET, CHORD BEARING= SOUTH 70 DEGREES 44 MINUTES 12 SECONDS EAST AND CHORD LENGTH= 31.18 FEET TO A 1/2" IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 45.68 ACRE TRACT AND THIS TRACT; THENCE SOUTH 29 DEGREES 56 MINUTES 57 SECONDS EAST 1916.54 FEET ALONG THE EAST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 16 SECONDS WEST 841.28 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE WEST LINE OF SAID 45.68 ACRE TRACT MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 23 DEGREES 03 MINUTES 32 SECONDS WEST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TO THE POINT OF BEGINNING AND CONTAINING 34.689 ACRES OF LAND, Q \Users \B14422 \Downloads \Drainage Easement (2),docx Page 111 EXHIBIT B -2 TRACT 2 6.000 ACRES OF LAND OUT OF THE JERONIMO LEAL SURVEY 79, ABSTRACT 424, COUNTY BLOCK 5058, BEXAR COUNTY, TEXAS, AND BEING OUT OF A 45.68 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 13319, PAGE 2202, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 6.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1820, REAL PROPERTY RECORDS, BEXAR COUNTY, RECORDS, AND A PORTION OF A CALLED 5.000 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN VOLUME 11185, PAGE 1823, REAL PROPERTY RECORDS, BEXAR COUNTY, TEXAS. SAID 6.000 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A TXDOT DISC FOUND ON THE SOUTH RIGHT -OF -WAY LINE OF LOWER SEGUIN ROAD MARKING THE NORTHWEST CORNER OF SAID 45.68 ACRE TRACT; THENCE SOUTH 23 DEGREES 03 MINUTES 32 SECONDS EAST 2223.45 FEET ALONG THE WEST LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 364.93 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" SET FOR THE POINT OF BEGINNING OF THIS TRACT; THENCE NORTH 59 DEGREES 32 MINUTES 16 SECONDS EAST 476.35 FEET CROSSING SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND ON THE EAST LINE OF SAID 45.68 ACRE TRACT; THENCE SOUTH 29 DEGREES 59 MINUTES 04 SECONDS EAST 548.78 FEET ALONG THE EASTERLY LINE OF SAID 45.68 ACRE TRACT TO A 1/2" IRON ROD FOUND MARKING THE MOST EASTERLY CORNER OF THIS TRACT; THENCE SOUTH 59 DEGREES 33 MINUTES 42 SECONDS WEST 385.16 FEET TO A 1/2" IRON ROD FOUND WITH CAP MARKED "4350" MARKING THE MOST EASTERLY CORNER OF SAID 5.000 ACRE TRACT; THENCE SOUTH 59 DEGREES 32 MINUTES 07 SECONDS WEST 91.19 FEET TO A 1/2" IRON ROD SET WITH CAP MARKED "5578" MARKING THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE NORTH 29 DEGREES 59 MINUTES 04 SECONDS WEST 548.62 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.000 ACRES OF LAND, C:\ Users\B74422\Downloads\Drainage Basement (2).docx 12