15-R-89 Easement AgreementsRESOLUTION NO. 15 -R -89
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EASEMENT AGREEMENTS WITH ROYCE SIMMONDS, ROBERT
STROVERS, AND ACRES, AGUA & AG LTD FOR THE USE, BENEFIT, AND
CONTROL OF THE CITY OF SCHERTZ FOR THE CONSTRUCTION AND
MAINTENANCE OF DRAINAGE FACILITIES, 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 three public utility easement agreements with Properties for the use,
benefit, and control of the City; and
WHEREAS, the City desires to make drainage improvements along IH 35 in the vicinity
of the intersections of Irola Drive and Plaza Drive; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute and accept, as the Grantee, the Public Utility Easement Agreements attached hereto as
Exhibits A, B, and C; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute the Release and Abandonment of Easement in which the Property described is in error
attached hereto as Exhibit D.
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 the
Public Utility Easement Agreements in substantially the forms set forth on Exhibits A, B, and C,
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 Sewer Outfall Easement Agreement attached hereto.
Section 2. The City Council hereby authorizes the City Manager to execute the
Release and Abandonment of Easement in substantially the form set forth on Exhibit D, 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
Release and Abandonment of Easement attached hereto.
Section 3. 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 4. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
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Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 13th day of October, 2015.
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
chael R. Carpenter, Mayor
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EXHIBIT A
PUBLIC UTILITY EASEMENT AGREEMENT WITH ROYCE SIMMONDS
50715776.2 A -1
EXHIBIT B
PUBLIC UTILITY EASEMENT AGREEMENT WITH ROBERT STROVERS
50715776.2 B -1
EXHIBIT C
PUBLIC UTILITY EASEMENT AGREEMENT WITH ACRES, AGUA & AG LTD
50715776.2 C -1
EXHIBIT D
RELEASE AND ABANDONMENT OF EASEMENT
50715776.2 D -1