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14-R-85 - Donation of property to TXDot along IH 35 and FM 1103RESOLUTION NO. 14 -R -85 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DONATION OF APPROXIMATELY 600 SQUARE FEET OF REAL PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION; APPROVING THE CITY MANAGER'S EXECUTION OF A DONATION AGREEMENT AND DONATION DEED; AND AUTHORIZING THE CITY MANAGER TO TAKE ADDITIONAL ACTIONS REASONABLY NECESSARY THEREWITH WHEREAS, the City holds title to and is in possession of approximately 600 square feet of real property being out of that called 0.0137 of one acre tract conveyed to Guadco Municipal Utility District NO. 1 by deed filed for record on April 5, 1977 and recorded in Volume 250, Page 920; and WHEREAS, on February 6, 2014 the Texas Department of Transportation notified the City by letter delivered to the Executive Director of Development the Property was required for access enhancements at Interstate Highway 35 and F. M. 1103; and WHEREAS, the City Council deems this donation does fulfill such public purpose. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the terms of the Donation Agreement as set out in Exhibit "A ", and the Donation Deed as set out in Exhibit "B ". Section 2. The City Manager is hereby authorized to execute, on behalf of the City, and deliver to the Texas Department of Transportation, a Donation Agreement that is substantially similar to Exhibit "A ", and the Donation Deed that is substantially similar to Exhibit `B ", and such other documents and instruments reasonably necessary to conclude the transaction. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 the 9th day of December, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda`Dennis, City Secretary (CITY SEAL) 50715776.2 EXHIBIT A DONATION AGREEMENT 50715776.2 A -1 EXHIBIT D DONATION DEED 50715776.2 A -2 Tazas sporWtion Form ROW -N -141 (12/12) Page 1 of 4 AGREEMENT CONCERNING THE DONATION OF PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATE OF TEXAS § COUNTY OF COMAL § THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "Department ", and City of Schertz, hereinafter called the "Donor ". WHEREAS, the Department, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, may accept donations for the purpose of carrying out its functions and duties; and WHEREAS, the Donor desires to donate property more particularly described on Exhibit "A ", attached hereto and incorporated herein for all purposes (the "Property "), to the Department; and WHEREAS, acceptance of the donation of the Property will further the Department's ability to meet its responsibilities; and CHECK ONE OF THE FOLLOWING: ❑ WHEREAS, the Donor is not subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department; and If the preceding was not checked because the donor is subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment or claim with or against the Department, but the following is correct, then check the following. ® WHEREAS, although the Donor may be subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department, acceptance of the donation will provide a significant public benefit and will not influence or reasonably appear to influence the Department in the performance of its duties: NOW, THEREFORE, in consideration of the agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Article 1. Donation and Use Thereof A. The Donor has executed a Deed, a copy of which is attached hereto as Exhibit B, conveying the Property to the Department. Although the Donor has given physical possession of the executed deed to Form ROW -N -141 (12/12) Page 2 of 4 the Department, Donor and the Department agree that delivery of the deed has not occurred, and the Department has not accepted actual delivery of the deed sufficient for title to pass. The Department hereby agrees to accept delivery of such deed after the Texas Transportation Commission has approved Donor's donation of the Property by official action in accordance with law, and title shall pass upon the Department's execution of this Agreement as authorized by the Texas Transportation Commission. B. The value of the Property donated as determined by an appraisal prepared by Paul Grafe is $4,800.00. C. Donor agrees and acknowledges that Donor has been fully informed of his/her /its right to receive just compensation for the Property; however, it is the desire and intent of Donor to donate the Property to the Department. D. Acceptance of the donation herein described does not bind the Department to a course of action or promise of performance. Article 2. Representations and Warranties A. The Donor represents and warrants that it has the ownership interest being conveyed in the attached deed. B. The Department does not approve and is not responsible for any representations made by the Donor for tax purposes. C. Donor represents and warrants to the Department that Donor has no knowledge of any current or former use, generation, storage or disposal of any hazardous material on or under the Property currently or previously in violation of any federal, state or local government law or rule. Additionally, Donor represents and warrants to the Department that Donor has no knowledge of the Property being used for a gas station, auto shop, or dry cleaning service, and has no knowledge of the presence of asbestos material on the Property. Donor has not received any notice of any action or proceeding relating to any hazardous materials or any release thereof on, in, under or about the Property. D. For the purposes of this Agreement any representation, warrant or covenant of Donor provided herein is made to the current actual knowledge of the following representatives of Donor, John Kessel, City Manager, City of Schertz, Texas. Any such statements are not predicated upon constructive knowledge and no inquiry has been made or expected to be made as a basis for such statement. All representations and warranties of Donor shall survive the Closing for a period of two years following the Closing date. Article 3. Relocations, Incidental Expenses, Relationship between Donor and Department A. After the acceptance of the delivery of the deed and execution of this Agreement by the department, Donor will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the Property for use by the Department. Expenses eligible for reimbursement Form ROW -N -141 (12/12) Page 3 of 4 may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department; and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the Property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. Donor may file a written request for review if Donor believes that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with the Department within six months after you are notified of the Department's determination on any claim for reimbursement. B. Donor acknowledges receipt of the brochure entitled "Relocation Assistance" and understands that relocation assistance benefits, if any, are handled entirely separate from and in addition to this transaction. Relocation benefits, if any, will be examined on a case by case basis, and will be specifically set forth in a separate agreement. C. There is no official relationship between the Donor and the Department. The Donor is a property owner desiring to donate Property to the Department for no benefit or gain to the Donor. D. This Agreement and the donation deed constitute the only promises, consideration and conditions of this conveyance, and no other promises, consideration or conditions have been signified or implied, except any benefits which Donor may or may not be entitled under the State's Relocation - Assistance Program. E. The State, without cost to the Donor, will pay the cost of recording all instruments conveying title to the State, and the State may, but is not obligated to, purchase an owner's title policy at the State's expense. Article 4. Availability of Information This agreement is public information and will furnished to a requestor under the Public Information Act, Government Code, Chapter 552. Form ROW -N -141 (12/12) Page 4 of 4 TEXAS DEPARTMENT OF TRANSPORTATION LM John P. Campbell, P.E., Director of Right of Way Date: 1011017:7 The undersigned signatory warrants that he /she is an official representative of the organization making the donation described herein and that he /she is authorized to make the donation and to enter into this Agreement on behalf of the organization. The undersigned understands and agrees that the conveyance of the Property does not occur until the Department has executed this Agreement in accordance with specific approval of the Texas Transportation Commission and in accordance with law, and has thereby accepted deliverance of the deed. Lo John Kessel, City Manager Date: Principal Place of Business /Address: 1400 Schertz Parkway Schertz, TX 78154 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any 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. a— Form ROW -N -24 (Rev. 10/13) Page 1 of 3 DONATION DEED Controlled Access Highway Facility TxDOT ROW CSJ: 0016 -05 -085 TxDOT Parcel No.: 12 Grantor(s), whether one or more: City of Schertz Grantor's Mailing Address (including county): 1400 Schertz Parkway Guadalupe County Schertz, TX 78154 Grantee: Texas Department of Transportation Grantee's Mailing Address (including county): 125 E. 11th Street Travis County Austin, TX 78701 Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under Texas Transportation Code Chapters 203 and 224 to request that counties and municipalities acquire highway right of way that the Commission has determined is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended, including the acquisition of land and such other property rights deemed necessary for the purposes of facilitating the flow of traffic and promote the public safety and welfare on both non - controlled facilities and designated controlled access highways and turnpike projects. Consideration: The sum of Ten and no /100 Dollars ($10.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. * N24* Form ROW -N -24 (Rev. 10/13) Page 2 of 3 Property: All of that certain tract or parcel of land in Comal County, Texas, being more particularly described in the attached Exhibit A (the "Property "). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Comal County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantor is retaining title to the following improvements ( "Retained Improvements ") located on the Property, to wit: None Grantor covenants and agrees to remove the Retained Improvements from the Property by 15t day of January, 2015, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A ". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting or permitting requirements. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The warranties of title contained herein and the limited expressed representations set forth in the donation agreement, in which this deed is the subject, are exceptions from and not limited by the language contained in any portion of article 2 of said agreement, subject to the aforementioned exceptions and in all other respects, grantee accepts the property "as is" and "where is ", with all faults, and grantee agrees that neither grantors nor any of grantor's employees, officers, members, directors, representatives, attorneys Form ROW -N -24 (Rev. 10/13) Page 3 of 3 and /or agents, collectively the "grantor's related parties ", have made or given any warranties, guarantees, or representations of any kind whatsoever, regarding any matter relating to the property whether oral or written, express or implied. Grantee specifically agrees and acknowledges that except as set forth in this deed and the agreement, there are no express or implied warranties or representations regarding the suitability, or fitness for a particular purpose and that there are no express or implied warranties or representations regarding the present or future value, profitability, performance or productivity of the property, the condition of the property for grantee's intended use or any other use, or regarding the past or present compliance by grantor with laws related to land use, environmental matters, pollution, or any laws pertaining to the handling,. generating, treating, storing, transporting, or disposing, or the presence or absence on the property of hazardous or toxic waste or substances as such terms are defined in federal, state and local laws. EXECUTED on the date(s) of acknowledgement indicated below. GRANTOR: City of Schertz C John Kessel City Manager Corporate Acknowledgment State of Texas County of Comal This instrument was acknowledged before me on by John Kessel, City Manager, of the City of Schertz, a Texas Municipality, on behalf of said entity. Notary Public's Signature Job No, 07 -2265 August 10, 2007 County: Comal Highway: Interstate Highway No. 35 Account No.: 9115 -21 -1 ROW C.S.J. No.: 0016 -05 -085 PROPERTY DESCRIPTION OF PARCEL NO. 12 Being a 0.014 of one acre (600 square feet) parcel of land, more or less, being out of the Rafael Garza Survey No. 98, Abstract No. 175, Comal County, Texas, being all of that called 0.0137of one acre tract conveyed to GUADCO MUNICIPAL UTILITY DISTRICT NO. 1 by deed filed for record on April 5, 1977 and recorded in Volume 250, Page 920, Deed Records, Comal County, Texas, which 0.014 of one acre (600 square feet) of land more particularly described by metes and bounds as follows: BEGINNING at a Type III Texas Department of Transportation (TxDOT) monument set in the existing southeast right -of -way line of I. H, No. 35 at the south corner of the called 0.0137 of one acre tract, the east comer of a called 0.115 of one acre tract conveyed to the State of Texas by deed recorded in Document No. 200406029128, Comal County, Texas, said point being in the northwest boundary line of a called 10.881 acre tract conveyed to LIB Holdings, Ltd., a Texas Limited Partnership, said point being 264.00 feet right of the I.H. 35 survey centerline station 293 +31.74, said point bears North. 59 °21'13" East, a distance of 193.03 feet from a Type II TxDOT monument found at the north end of a cutback line at the intersection of the existing southeast right -of -way line of F.M. 1103, with the existing southeast right -of -way line of I.H. No. 35; (1) THENCE North. 30 °38'47" West, along the existing southeast right -of -way line of I.H. No. 35, the southwest boundary line of the called 0.0137 of one acre tract, the northeast boundary line of the called 0.115 of one acre tract, a distance of 20.00 feet to a %" rebar with "MDS" cap set at the west corner of the called 0.0137 on one acre tract, the north corner of the called 0.115 of one acre tract; (2) THENCE North. 59 °21'13" East, continuing along the existing southeast right -of -way line if I.H. No. 35, the northwest boundary line of the called 0.0137 of one acre tract, a distance of 30.00 feet to a ' /Z" rebar with "MDS" cap set at the north corner of the called 0.0137 of one acre tract, the west comer of a called 0.031 of one acre tract conveyed to the State of Texas by deed recorded in Document No. 200406029128, Comal County, Texas; (3) THENCE South. 30 °38'47" East, continuing along the existing southeast right -of -way line of I.H. No. 35, the northeast boundary line of the called 0.0137 of one acre tract, same being southwest boundary of the called 0.031 of one acre tract, a distance of 20.00 feet to a Type II TxDOT monument found at the east corner of the called 0,0137 of one acre tract, the south corner of the called 0.031 of one acre tract and being in the northwest boundary line of the called 10.881 acre tract, said point being 264.00 feet right of the I.H. No. 35 survey centerline station 293 +61.74, said point bears South. 50 °57'29" West, a distance of 136.98 feet, from a Type II TxDOT monument found for an angle point in the existing southeast right -of -way line of I.H. No. 35; Page 1 of 3 (4) THENCE South. 59 °21'13" West, along the southeast boundary line of the called 0.0137 of one acre tract, the northwest boundary line of the called 10.881 acre tract, same being the proposed southeast right -of -way line of I. H. No. 35, a distance of 30.00 feet to the PLACE OF BEGINNING containing 0.014 of one acre (600 Square Feet) of land, more or less. Note: Bearings are based upon existing project control values provided by the Texas Department of Transportation. This description was prepared from a survey made on the ground by employees of M.D.S. Land Surveying Company, Inc. The square footage recited herein is based on mathematical calculations and is subject to the rules of rounding and significant numbers. The monuments described as set herein may be replaced with a TxDOT Type 11 Right -of -Way Monument upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. A plat of survey with same date accompanies this description. Access is permitted to the highway facility from the remainder of the abutting property. Ad X &1 z David Michael Klein R.P.L.S. # 5528 Page 2 of 3 Da,vip M. Kl L "ire 5528 ' SUF.` Page 2 of 3 �`G��1�pPp1 O HYD. PARCEL 10 PART i Stale of Texas CALLED 0.115 OF ONE ACRE DOC, NO. 200106029128 1 1 +` �9 1 291+38.71 T; 254.00 R IH35 NORTH / SION 'PAACEL 10 PART 2 State of Texas CALLED 0.031 OF ONE ACRE IRS OOC. NO. 200906029178 VALVES ^� Q 0' fiti 9_' P.O.B. PARCEL 12 STA.' 293+31.74 OFFSET. 264,13D R L18 HOLDINGS, LTD, A TEXAS LIMITED PARTNERSHIP TRACT 4 CALLED A 10.861 ACRE TRACT VOLUME 2254 PAGE 637 O.P.R. / RAFAEL GARZA SURVEY NO. 98 ABSTRACT NO. 175 LEG-- END O TYPE III TxDOT MONUMENT SET @ O TYPE II TXDOT MONUMENT FOUND GUADCO MUNICIPAL 0 TYPE I TxDOT MONUMENT FOUND UTILITY DISMCr NO. 1 • CALCULATED POINT (NOT SET) CALLED 0.0137 OF ONE ACRE IRO 1/2" REBAR FOUND VOLUME 250 PAGES 920 -922 IRS• 1/2" REBAR W /MDS CAP SET D.R. ).P.R. OFFICIAL PROPERTY RECORDS OF COMAL CO. 1. P. DEED RECORDS OF COMAL CO. I.P.R. MAP $ PLAT RECORDS OF COMAL CO. I.O.B. PLACE OF BEGINNING O PARCEL NUMBER EXISTING R.O.W. LINE PROPOSED R.O.W. LINE —III— ACCESS DENIAL LINE n —P--- PROPERTY LINE - - - - -- EASEMENT LINE LD.S. LAND SURVEflNd CO. 13 FALLS COURT, SULTE 800 BOERNE, TEXAS 78006 PHONE: (830) 249.9188 'AGE 3 OF 3 ❑T C-2 Rp.. DI1:1C p 5528 �b.SUR`�`� JOB NO. 07 --2265 NOTES 293+51.74 T1 264.00 R OFFSET: 244.00R Z Z7 GRAPHIC SCALE _ 20 0 10 20 ( 1 inch = 20 feet, } LINE TABLE LINE BEARING DISTANCE L1 N30.38'47 "W 20.00 L2 N59'21'13 "E 30.00 L3 S30.38'47 "E 20.00 L4 S59- 21'13 "W 30.00 1. A LEGAL DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT. 2. BEARINGS ARE BASED UPON EXISTING PROJECT CONTROL VALUES PROVIDED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. 3. COORDINATES AND DISTANCES ARE SURFACE 4. STATION AND OFFSETS SHOWN ARE BASED ON CENTERUNL 5, THE SQUARE FOOTAGE RECITED HEREIN IS BASED ON MATHEMATICAL CALCULATIONS AND IS SUBJECT TO THE RULES OF ROUNDING AND SIGNIFICANT NUMBERS. 6. THE ACREAGE OF THE PARENT TRACT WAS TAKEN FROM THE RECORDED INSTRUMENTS AND NOT BASED ON FIELD DIMENSIONS. 7. THE MONUMENTS DESCRIBED AND SET HEREON MAY BE REPLACED WITH A TxDOT TYPE Il RIGHT OF WAY MONUMENT UPON COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT. 8. ACCESS IS PERMITTED TO THE HIGHWAY FACIUTY FROM THE REMAINDER OF THE ABUTTING PROPERTY. TEXAS ®DEPARiHENT Of TRmsmRTAT /ON DI ST. COUNTY 15 PLAT OF COMAL R.O.W. C.S,J, 0016 -05 -085 PARCEL 12 SURVEY DATE AUG. 10, 2007 ACCOUNT NO. 9115 -21 -1 I.H. 35 R.O.W. ACQUISITION: 0.014 OF ONE ACRE (600 sq. ft.) KINDER: N/A 1� �a� tlon Form ROW -N -141 (12/12) Page 1 of 4 AGREEMENT CONCERNING THE DONATION OF PROPERTY TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATE OF TEXAS 167111801 lluo � /\ 11 THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "Department ", and City of Schertz, hereinafter called the "Donor ". WHEREAS, the Department, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, may accept donations for the purpose of carrying out its functions and duties; and WHEREAS, the Donor desires to donate property more particularly described on Exhibit "A ", attached hereto and incorporated herein for all purposes (the "Property "), to the Department; and WHEREAS, acceptance of the donation of the Property will further the Department's ability to meet its responsibilities; and CHECK ONE OF THE FOLLOWING: ❑ WHEREAS, the Donor is not subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department; and If the preceding was not checked because the donor is subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment or claim with or against the Department, but the following is correct, then check the following. ® WHEREAS, although the Donor may be subject to Department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the Department, acceptance of the donation will provide a significant public benefit and will not influence or reasonably appear to influence the Department in the performance of its duties: NOW, THEREFORE, in consideration of the agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Article 1. Donation and Use Thereof A. The Donor has executed a Deed, a copy of which is attached hereto as Exhibit B, conveying the Property to the Department. Although the Donor has given physical possession of the executed deed to Form ROW -N -141 (12/12) Page 2 of 4 the Department, Donor and the Department agree that delivery of the deed has not occurred, and the Department has not accepted actual delivery of the deed sufficient for title to pass. The Department hereby agrees to accept delivery of such deed after the Texas Transportation Commission has approved Donor's donation of the Property by official action in accordance with law, and title shall pass upon the Department's execution of this Agreement as authorized by the Texas Transportation Commission. B. The value of the Property donated as determined by an appraisal prepared by Paul Grafe is $4,800.00. C. Donor agrees and acknowledges that Donor has been fully informed of his/her /its right to receive just compensation for the Property; however, it is the desire and intent of Donor to donate the Property to the Department. D. Acceptance of the donation herein described does not bind the Department to a course of action or promise of performance. Article 2. Representations and Warranties A. The Donor represents and warrants that it has the ownership interest being conveyed in the attached deed. B. The Department does not approve and is not responsible for any representations made by the Donor for tax purposes. C. Donor represents and warrants to the Department that Donor has no knowledge of any current or former use, generation, storage or disposal of any hazardous material on or under the Property currently or previously in violation of any federal, state or local government law or rule. Additionally, Donor represents and warrants to the Department that Donor has no knowledge of the Property being used for a gas station, auto shop, or dry cleaning service, and has no knowledge of the presence of asbestos material on the Property. Donor has not received any notice of any action or proceeding relating to any hazardous materials or any release thereof on, in, under or about the Property. D. For the purposes of this Agreement any representation, warrant or covenant of Donor provided herein is made to the current actual knowledge of the following representatives of Donor, John Kessel, City Manager, City of Schertz, Texas. Any such statements are not predicated upon constructive knowledge and no inquiry has been made or expected to be made as a basis for such statement. All representations and warranties of Donor shall survive the Closing for a period of two years following the Closing date. Article 3. Relocations, Incidental Expenses, Relationship between Donor and Department A. After the acceptance of the delivery of the deed and execution of this Agreement by the department, Donor will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the Property for use by the Department. Expenses eligible for reimbursement Form ROW -N -141 (12/12) Page 3 of 4 may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the Department; and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the Properly. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. Donor may file a written request for review if Donor believes that the Department failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with the Department within six months after you are notified of the Department's determination on any claim for reimbursement. B. Donor acknowledges receipt of the brochure entitled "Relocation Assistance" and understands that relocation assistance benefits, if any, are handled entirely separate from and in addition to this transaction. Relocation benefits, if any, will be examined on a case by case basis, and will be specifically set forth in a separate agreement. C. There is no official relationship between the Donor and the Department. The Donor is a property owner desiring to donate Property to the Department for no benefit or gain to the Donor. D. This Agreement and the donation deed constitute the only promises, consideration and conditions of this conveyance, and no other promises, consideration or conditions have been signified or implied, except any benefits which Donor may or may not be entitled under the State's Relocation- Assistance Program. E. The State, without cost to the Donor, will pay the cost of recording all instruments conveying title to the State, and the State may, but is not obligated to, purchase an owner's title policy at the State's expense. Article 4. Availability of Information This agreement is public information and will famished to a requestor under the Public Information Act, Government Code, Chapter 552. Form ROW -N -141 (12/12) Page 4 of 4 TEXAS DEPARTMENT OF TRANSPORTATION C John P. Campbell, P.E., Director of Right of Way Date: 1 1XIM The undersigned signatory warrants that he /she is an official representative of the organization making the donation described herein and that he /she is authorized to make the donation and to enter into this Agreement on behalf of the organization. The undersigned understands and agrees that the conveyance of the Properly does not occur until the Department has executed this Agreement in accordance with specific approval of the Texas Transportation Commission and in accordance with law, and has thereby accepted deliverance of the deed. John Kessel, City Manager Date: Principal Place of Business /Address: 1400 Schertz Parkway Schertz, TX 78154 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any 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. a Form ROW -N -24 (Rev. 10/13) Page 1 of 3 DONATION DEED Controlled Access Highway Facility TxDOT ROW CSJ: 0016 -05 -085 TxDOT Parcel No.: 12 Grantor(s), whether one or more: City of Schertz Grantor's Mailing Address (including county): 1400 Schertz Parkway Guadalupe County Schertz, TX 78154 Grantee: Texas Department of Transportation Grantee's Mailing Address (including county): 125 E. 11' Street Travis County Austin, TX 78701 Grantee's Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under Texas Transportation Code Chapters 203 and 224 to request that counties and municipalities acquire highway right of way that the Commission has determined is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended, including the acquisition of land and such other property rights deemed necessary for the purposes of facilitating the flow of traffic and promote the public safety and welfare on both non - controlled facilities and designated controlled access highways and turnpike projects. Consideration: The sum of Ten and no /100 Dollars ($10.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. * N24* Form ROW -N -24 (Rev. 10/13) Page 2 of 3 Property: All of that certain tract or parcel of land in Comal County, Texas, being more particularly described in the attached Exhibit A (the "Property "). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1. Visible and apparent easements not appearing of record. 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Comal County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. Grantor is retaining title to the following improvements ( "Retained Improvements ") located on the Property, to wit: None Grantor covenants and agrees to remove the Retained Improvements from the Property by 1' day of January, 2015, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A ". Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting or permitting requirements. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The warranties of title contained herein and the limited expressed representations set forth in the donation agreement, in which this deed is the subject, are exceptions from and not limited by the language contained in any portion of article 2 of said agreement, subject to the aforementioned exceptions and in all other respects, grantee accepts the property "as is" and "where is ", with all faults, and grantee agrees that neither grantors nor any of grantor's employees, officers, members, directors, representatives, attorneys Form ROW -N -24 (Rev. 10/13) Page 3 of 3 and/or agents, collectively the "grantor's related parties ", have made or given any warranties, guarantees, or representations of any kind whatsoever, regarding any matter relating to the property whether oral or written, express or implied. Grantee specifically agrees and acknowledges that except as set forth in this deed and the agreement, there are no express or implied warranties or representations regarding the suitability, or fitness for a particular purpose and that there are no express or implied warranties or representations regarding the present or future value, profitability, performance or productivity of the property, the condition of the property for grantee's intended use or any other use, or regarding the past or present compliance by grantor with laws related to land use, environmental matters, pollution, or any laws pertaining to the handling,. generating, treating, storing, transporting, or disposing, or the presence or absence on the property of hazardous or toxic waste or substances as such terms are defined in federal, state and local laws. EXECUTED on the date(s) of acknowledgement indicated below. GRANTOR: City of Schertz LO John Kessel City Manager Corporate Acknowledgment State of Texas County of Comal This instrument was acknowledged before me on City of Schertz, a Texas Municipality, on behalf of said entity. by John Kessel, City Manager, of the Notary Public's Signature Job No. 07 -2265 August 10, 2007 County: Comal Highway: Interstate Highway No. 35 Account No.: 9115 -21 -1 ROW C.S.J. No.: 0016 -05 -085 PROPERTY DESCRIPTION OF PARCEL NO. 12 Being a 0.014 of one acre (600 square feet) parcel of land, more or less, being out of the Rafael Garza Survey No. 98, Abstract No. 175, Comal County, Texas, being all of that called 0.0137of one acre tract conveyed to GUADCO MUNICIPAL UTILITY DISTRICT NO. 1 by deed filed for record on April 5, 1977 and recorded in Volume 250, Page 920, Deed Records, Comal County, Texas, which 0.014 of one acre (600 square feet) of land more particularly described by metes and bounds as follows: BEGINNING at a Type III Texas Department of Transportation (TxDOT) monument set in the existing southeast right -of -way line of I. H. No. 35 at the south corner of the called 0.0137 of one acre tract, the east corner of a called 0.115 of one acre tract conveyed to the State of Texas by deed recorded in Document No. 200406029128, Comal County, Texas, said point being in the northwest boundary line of a called 10.881 acre tract conveyed to LIB Holdings, Ltd., a Texas Limited Partnership, said point being 264.00 feet right of the I.H. 35 survey centerline station 293 +31.74, said point bears North. 59 °21'13" East, a distance of 193.03 feet from a Type II TxDOT monument found at the north end of a cutback line at th� intersection of the existing southeast right of -way line of F.M. 1103, with the existing southeast right -of -way line of I.H. No. 35; (1) THENCE North. 30 °38'47" West, along the existing southeast right -of -way line of I.H. No. 35, the southwest boundary line of the called 0.0137 of one acre tract, the northeast boundary line of the called 0.115 of one acre tract, a distance of 20.00 feet to a %z" rebar with "NOS" cap set at the west corner of the called 0.0137 on one acre tract, the north corner of the called 0.115 of one acre tract; (2) THENCE North. 59 °2113" East, continuing along the existing southeast right -of -way line if I.H. No. 35, the northwest boundary line of the called 0.0137 of one acre tract, a distance of 30.00 feet to a %z" rebar with "MDS" cap set at the north corner of the called 0.0137 of one acre tract, the west comer of a called 0.031 of one acre tract conveyed to the State of Texas by deed recorded in Document No. 200406029128, Comal County, Texas; (3) THENCE South. 30 °38147" East, continuing along the existing southeast right -of -way line of I.H. No. 35, the northeast boundary line of the called 0.0137 of one acre tract, same being southwest boundary of the called 0.031 of one acre tract, a distance of 20.00 feet to a Type II TxDOT monument found at the east corner of the called 0.0137 of one acre tract, the south corner of the called 0.031 of one acre tract and being in the northwest boundary line of the called 10.881 acre tract, said point being 264.00 feet right of the I.H. No. 35 survey centerline station 293 +61.74, said point bears South. 50 °57'29" West, a distance of 136.98 feet, from a Type II TxDOT monument found for an angle point in the existing southeast right -of -way line of I.H. No. 35; Page 1 of 3 (4) THENCE South. 59 °21'13" West, along the southeast boundary line of the called 0.0137 of one acre tract, the northwest boundary line of the called 10.881 acre tract, same being the proposed southeast right -of -way line of I. H. No. 35, a distance of 30.00 feet to the PLACE OF BEGINNING containing 0.014 of one acre (600 Square Feet) of land, more or less. Note: Bearings are based upon existing project control values provided by the Texas Department of Transportation. This description was prepared from a survey made on the ground by employees of M.D.S. Land Surveying Company, Inc. The square footage recited herein is based on mathematical calculations and is subject to the rules of rounding and significant numbers. The monuments described as set herein may be replaced with a TxDOT Type II Right -of -Way Monument upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. A plat of survey with same date accompanies this description. Access is .permitted to the highway facility from the remainder of the abutting property. David Michael Klein R.P.L.S. # 5528 ................... . DAVID KLEIN ........................... 5528 Page 2 of 3 P� O FIRE HYD. PARCEL 10 PART l State of Texas CALLED 03 IS OF ONE ACRE DOC. NO. 20(4D6029128 1 1 0� 59 1 291 +38.71 T 254.00 R IH35 NORTH / SION PARCEL 10 PART 2 Stated Tezu CALLED 0.031 OF ONE ACRE IRS DOC NO. 2 001060 29 1 2 8 VALIVES 1 P.O.B. PARCEL 12 STA.' 293+31.74 OFFSET. 264,DD R LI9 HOLDINGS, LTD, A TEXAS LIMITED PARTNERSHIP TRACT 4 CALLED A 10AIII ACRE TRACT VOLUME 2254 PAGE 637 O.P.R. / RAFAEL GARZA SURVEY NO. 98 ABSTRACT NO. 175 LEGEND S TYPE III TxDOT MONUMENT SET 12 OD TYPE II TxDOT MONUMENT FOUND GUADCO MUNICIPAL ® TYPE I TxDOT MONUMENT FOUND UTILITY DISC' NO.1 • CALCULATED POINT (NOT SET) CALLED 0.0137 OF ONE ACRE IRO 1/2" REBAR FOUND VOLUME 250 PAGES 920 -922 IRS* 1/2" REBAR W /MDS CAP SET D.R. ).P.R. OFFICIAL PROPERTY RECORDS OF COMAL CO. t. R. DEED RECORDS OF COMAL CO. I.P.R. MAP do PLAT RECORDS OF COMAL CO. I.O.B. PLACE OF BEGINNING O PARCEL NUMBER EXISTING R.O.W. LINE PROPOSED R.O.W. LINE —III— ACCESS DENIAL LINE — P — PROPERTY LINE - - - - -- EASEMENT UNE LD.S. LAND SURVEYING CO. 13 FALLS COURT, SUnE 800 BOERNE, TEXAS 78006 PHONE: (830) 2499188 !y}CLElq 5528 )AGE 3 OF 3 JOB NO. 07 -2265 NOTES 293+61.74 T. 264.00 R .1 ' q ,bro OFFSET: 9 244.005R Z Z7 GRAPHIC SCALE _ 20 0 10 20 ( 1 inch = 20 feet. } LINE TABLE LINE BEARING DISTANCE L1 N30* 8'47"W 20.00 L2 N59'21'13 "E 30.00 L3 S30- 38'47 "E 20.00 L4 S59'21'13 "W 30.00 1. A LEGAL DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT, 2- BEARINGS ARE BASED UPON EXISTING PROJECT CDNTRDL VALUES PROVIDED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. 3. COORDINATES AND DISTANCES ARE SURFACE 4. STATION AND OFFSETS SHOWN ARE BASED ON CENTERUNE. 5, THE SOUARE FOOTAGE RECITED HEREIN IS BASED ON MATHEMATICAL CALCULATIONS AND 15 SUBJECT TO THE RULES OF ROUNDING AND SIGNIFICANT NUMBERS. 6. THE ACREAGE OF THE PARENT TRACT WAS TAKEN FROM THE RECORDED INSTRUMENTS AND NOT BASED ON FIELD DIMENSIONS. 7. THE MONUMENTS DESCRIBED AND SET HEREON MAY BE REPLACED WITH A TxDOT TYPE A RIGHT OF WAY MONUMENT UPDN COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR, EITHER EMPLOYED OR RETAINED BY TxDOT. 8. ACCESS IS PERMITTED TO THE HIGHWAY FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTY. O700S TEXAS oEPARIHENT Alf OF TRANSPORTA T /ON DIST. COUNTY 15 PLAT OF COMAL R.O.W. C.s.J. PARCEL 12- SURVEY DATE AUG. 10, 2007 0016 -05 -085 I.H. 35 . ACCOUNT NO. 9115 -21 -1 R.O.W. ACQUISITION: 0.014 OF ONE ACRE (500 sq. ft.) REMAINDER: NIA