18-R-14 - Authorization for a parkland improvement agreement for Hallies Cove,,, � ♦ ,fin ♦ � ', 1 �, ,, � r,, �
SUBDIVISION UNITS 1, 2, 3, AND 4, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the Landowner desires to defer public parkland dedication and improvement
obligation for Hallies Cove Subdivision Units 1, 2, 3, and 4 to a future phase of the master planned
Hallies Cove Subdivision development; and
WHEREAS, pursuant to Section 21.9.10.F of the City's Unified Development Code, the
obligation to dedicate parkland and construct park improvements for the Subdivision may be
deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure
the obligation to construct the park improvements; and
WHEREAS, the City staff of the City of Schertz has recommended that the City enter into a
Parkland Improvement Agreement and acceptance of the parkland upon completion of the
improvements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to approve
the Parkland Improvement Agreement attached hereto as Exhibit A;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the Parkland
Improvement Agreement in substantially the form set forth on Exhibit A attached hereto and upon
completion of the improvements, accept the land shown on Exhibit B.
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 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provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions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. 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 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. 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 13th day of February,
R. Carpenter, Mayor
ATTEST:
2
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
STATE OF TEXAS
COUNTY OF BEXAR
Field note description of a 88.85 acre tract of land situated in the Eligio Csortari Survey No. 2, Abstract No. 5, County Block 5193 in
Bexar County, Texas, and being comprised of the following three tracts of land:
Tract 1) Being a 61.86 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper
and wife, Lonie Stapper; recorded in Volume 2643, Page 271 ofthe Deed Records of Bexar County, Texas,
Tract 2) Being a 1.99 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter
Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas;
Tract 3) Being a 25.00 acre tract of land which is a portion of a called 51.390 acre tract of land as describers in a deed to Dirt Dealers
XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas.
Said 98,85 acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the south corner of a called
2.066 acre tract of land (Tract 11), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral
Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas.
THENCE with the southeast line of the aforesaid 2.066 acre tract of land, North 59' 29' 32" East, a distance of 853.86 feet to a one
half inch iron pin found for an interior corner of this tract, same being an interior corner of a called 80 acre tract of land as described
in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County,
Texas_ Said point also being the east corner of a called 14.285 acre tract of land (Tract 1), as described in deed to Alan Schindler and
Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11324, Page 494 of the official Public
Records of Bexar County; Texas_
THENCE with the northeast line of the aforesaid 14.235 acre tract of land, North ail° 33' 53" West, a distance of 824.02 feet to a one
half inch iron rod found for the northernmost west corner of this tract. Said point being on the southeast line of a called 104 acre
tract of land as described' in a deed to Helen S. Luensmann, recorded in Volume 13294, Page 1425 of the Official Public Records of
Bexar County, Texas.
THENCE with the northwest line of this tract and partially along the southeast line of the aforesaid 100 acre tract of land, North 59°
50' 04" East, a distance of 1425,71 feet to a one half inch iron rod set for the north corner of this tract and being the northwest
corner of a called 68.035 acre tract of [and as described in a deed to Enomie M. Real as Trustee for Real Credit. Trust under Will of
Harold 0. Real, (Deceased), recorded in Volume 6792, Rage 1246 of the Official Public Records of Bexar County, Texas.
THENCE with the eastern line of this tract; South 10° 4S' 55' East, a distance of 1002.50 feet to a one half inch iron rod set fora
corner of this tract, same being the southwest corner of a called 69.4 acres tract of land (First Tract), recorded in Volume 6795, Page
1896, of the Official Public Records of Bexar County, Texas. Said point also being on the northwest line of a called 20 acre tract: of
land (Second Tract), as described in a deed toloyfene Schmoekel Herrera, recorded in Volume 6795, Page 1896 of the Official Public
Records of Bexar County, Texas.
THENCE with the northwest line of the aforesaid 20 acre tract of land, South 59° 41' fly" West, a distance of 323.04 feet to a one
half inch iron rod set for an interior corner of this tract and being the west corner of the aforesaid 20 acre tract of land.
THENCE with the northeast line of this tract and the southwest line of the aforesaid 20 acre tract of land, South 30° 18' 55" East, a
distance of 412.93 feet to a point for a interior corner of this tract and being an the northwest line of a called 51.390 acre tract of
land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 1301€3, Page 304 of the Real Property Records of Bexar
County, Texas.
THENCE with the southeast line of the aforesaid 20 acre tract of land, North 53° 41` 07° East, a distance of 957.69 feet to a one half
inch iron rod set for the most eastern north corner of this tract and being on the southwest fine of a 100.939 acre tract' of land as
described' in a deed to Allen Wiederstein, recorded in Volume 7849, Page 2552 of the Official Public Records of Bexar County, Texas.,
Page 2. of 2.
88.85 acre tract of land
THENCE with the northeast line of this tract the following two calls: South 31° 02' 19" East, a distance of 237.75 feet to a one half
inch iron rod found for the southwest corner of the aforesaid 100.939 acre tract of land and being the northwest corner of a called
101.396 acre tract of land as described in a deed to Reagan Rawe and wife Jeanne Rawe, recorded in Volume 14612, Page 1869 of
the Official Public Records of Bexar County, Texas, and continuing with the northeast line of this tract, South 29° 10' 01" East, a
distance of 277.86 feet to a one half inch steel pin set for the southeast corner of this tract.
THENCE cutting across the aforesaid 51.390 acre tract of land, South 59° 41' 07" West, a distance of 2108.21 feet to a one half inch
iron pin set for the south corner of this tract and being on the northeast line of a remainder tract of a 55.289 acre tract, as described
in a deed to Jamil A. Sayfi, recorded in Volume 13010, Page 289 of the Official Public Records of Bexar County, Texas.
THENCE with the southwest line of this tract, North 30° 29' 14" West, a distance of 515.54 feet to a one half inch iron rod found for
an interior corner of this tract and being on the southeast line of a called 80 acre tract of land as described in a deed to Walter
Stapper and wife Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas.
THENCE with a southeastern line of this tract, South 59° 52' 30" West, a distance of 480.67 feet to a one half inch iron pin found on
the northeast right -of -way line of F.M. Highway 1518 for the most western south corner of this tract and being the west corner of a
portion of a 57.289 acre tract of land (Tract 6); as described in a deed to Country Village Estates, recorded in Volume 8165, Page 717
of the Official Public Records of Bexar County, Texas.
THENCE along the northeast right -of -way line of F.M. 1518 and the southwest line of this tract, North 30° 29' 00" West, a distance of
1033.17 feet to the POINT OF BEGINNING.
These held notes were prepared from an on the ground survey made by Atwell, employees under my direction and supervision on
May 21, 2016. Survey plat prepared this same date.
JERRY G: '�IGKiE
r 3u:91Xe2 :�:::�ts]Y
Jerry D. Wilkie, Jr.
Registered Professional
Land Surveyor No. 4724
Firm Number 10194153 (Atwell)
After Recording, Please Return To:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BEXAR
PARKLAND IMPROVEMENT AGREEME
FOR
HALLIES O
This Parkland improvement Agreement (hereinafter referred to as "Agreement ") is
entered into by and between Triple H Development, LLC, (hereinafter referred to as the
"Developer ") and the City of Schertz, Texas, a Texas Municipal Corporation (hereinafter
referred to as the "City "), and is effective upon the execution of this Agreement by the
Developer and the City (the "Effective Date ").
WHEREAS, the Developer is the owner of that certain real property located in the City of
Schertz, Bexar County, Texas, more specifically described on Exhibit "A ", attached hereto and
made a part hereof for all purposes (the "Propert y" or "Rallies Cove Subdivision ");
WHEREAS, the Developer seeks to develop a residential subdivision on the Property
(the "Subdivision ") that requires the dedication and construction of public parkland and
improvements; and
WHEREAS, this Agreement is made solely with respect to Hallies Cove Subdivision
Unit 1 Unit 2 Unit 3 and Unit 4;
WHEREAS, pursuant to Section 21.9.101 of the City's Unified Development Code, the
obligation to dedicate parkland and construct park improvements for the Subdivision may be
deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure
the obligation to construct the park improvements; and
NOW THEREFORE, in consideration of the agreements set forth herein and for other
reciprocal good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and stipulated by the parties, the Developer and the City, agree as follows:
Definitions.
1.1 Hallies Cove Subdivision — the subdivision currently being developed by Developer
described on Exhibit "A" and identified on Hallies Cove Subdivision Master
Development Plan (Exhibit `B "), which may be platted through several individual
Plats pertaining to distinct portions of Hallies Cove Subdivision.
1.2 Hallies Cove Subdivision Unit 1 — the area identified on Hallies Cove Subdivision
Master Development Plan (Exhibit `B ") as Unit 1, which consists of a maximum of
21 buildable residential lots.
1.3 Hallies Cove Subdivision Unit 2 — the area identified on Hallies Cove Subdivision
Master Development Plan (Exhibit `B ") as Unit 2, which consists of a maximum of
26 buildable residential lots.
1.4 Hallies Cove Subdivision Unit 3 — the area identified on Hallies Cove Subdivision
Master Development Plan (Exhibit `B ") as Unit 3, which consists of a maximum of
34 buildable residential lots.
1.5 Hallies Cove Subdivision Unit 4 — the area identified on Hallies Cove Subdivision
Master Development Plan (Exhibit "B ") as Unit 4, which consists of a maximum of
33 buildable residential lots.
1.6 Parkland — the area identified on the Hallies Cove Subdivision Master Development
Plan (Exhibit "B ") as Lot 5, Block 10 and Lot 21, Block 4 Park/Open Space and the
deeds on Exhibit "E" attach hereto as "Parkland ".
1.7 Park Improvements — those certain improvements described on Exhibit "C" and to be
constructed by Developer.
1.8 Phased Value of Improvements — the dollar value of the Park Improvements assigned
to each Subdivision Unit as shown on Exhibit "D ".
2. Construction of Improvements; Covenants. The Developer and the City covenant and
agree to the following:
2.1 The Developer shall cause the completion of the Park Improvements prior to the
recordation of Hallies Cove Subdivision Unit 5 final plat; and
2.2 The Developer shall cause such changes to the Park Improvements as may be
required by the City for approval and acceptance of the Park Improvements in
accordance with the approved plans and specifications; and
2.3 The Developer shall Deed to the City, Parkland as described in Exhibit `B "; and
2.4 The Developer shall warranty the Park Improvements for a period of two (2) years
following acceptance by the City. A warranty bond shall be provided in the amount of
20% of the costs of the Park Improvements for such period.
2.5 Prior to the recording of Hallies Cove Subdivision Unit 1 final plat, the Developer
shall provide (or cause to be provided) a surety to the City in accordance with Unified
Development Code Section 21.4.15.G, in the amount equal to seventeen thousand
seventy four dollars and twenty cents ($17,074.20) in order to secure Developer's
satisfaction of the requirements in Sections 2.1 -2.3 above with respect to such
incomplete Park Improvements related to Hallies Cove Subdivision Unit 1.
2.6 Prior to the recording of Hallies Cove Subdivision Unit 2, the Developer shall provide
(or cause to be provided) a surety to the City in accordance with Unified
Development Code Section 21.4.15.G, in the amount equal to twenty one thousand
one hundred thirty three dollars and eighty cents ($21,133.80) in order to secure
Developer's satisfaction of the requirements in Sections 2.1 -2.3 above with respect to
such incomplete Park Improvements related to Hallies Cove Subdivision Unit 2.
2.7 Prior to the recording of Hallies Cove Subdivision Unit 3, the Developer shall provide
(or cause to be provided) a surety to the City in accordance with Unified
Development Code Section 21.4.15.G, in the amount equal to twenty seven thousand
four hundred sixty two dollars ($27,462) in order to secure Developer's satisfaction
of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park
Improvements related to Hallies Cove Subdivision Unit 3.
2.8 Prior to the recording of Hallies Cove Subdivision Unit 4, the Developer shall provide
(or cause to be provided) a surety to the City in accordance with Unified
Development Code Section 21.4.15.G, in the amount equal to twenty six thousand
eight hundred sixty five dollars ($26,865) in order to secure Developer's satisfaction
of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park
Improvements related to Hallies Cove Subdivision Unit 4.
2.9 Both parties agree that Exhibit "D ", depending on the Phase or Unit (as such terms
are described in Exhibit D), may over compensate or under compensate the Fee
Credit ($650 per lot) for that particular Phase, but the total for all Phases, equals to
the value of the Total Fee Credits for all Units and therefore fully satisfy the Total
Park Fees for the Parklands. Any future revision by the City of the City's Parkland
Dedication Fee or parkland dedication requirements in the UDC shall not alter the
terms of this Agreement or otherwise be applicable to the Parklands.
2.10 The City shall allow Developer to record Plats for Hallies Cove Subdivision Unit
1, Unit 2, Unit 3, and Unit 4 upon execution of this agreement by the parties and
either: (i) the City's acceptance of the public improvements required by the City as a
condition precedent to plat recordation with respect to the Plat to be recorded; or (ii)
Developer's provision of a surety for any public improvements required by the City
as a condition precedent to plat recordation that remain incomplete (including any
Parkland Improvements, which Surety shall be in accordance with Sections 2.5 -2.6
above). Further, the City agrees that any surety provided hereunder shall satisfy any
of Developer's Parkland dedication requirements applicable to the respective plat
until such time as the Parklands within Hallies Cove Subdivision Unit 5 Plat can be
dedicated, thereby also satisfying Developer's Parkland fee payment obligations in
connection therewith.
2.11 Upon Developer's completion of the Parkland Improvements the City agrees to
inspect the improvements and identify any required changes to cause the Park
Improvements to be completed in accordance with the approved plans and
specifications. At such time as the City is satisfied with Developer's completion of
the Park Improvements and Developers provision of a -warranty bond for the
respective improvements, the City shall:
(i) Accept the Park Improvements and Parkland dedication; and
(ii) Record the Parkland Deed; and
(iii) Issue a letter to Developer evidencing the City's approval and acceptance of the
Park Improvements and Developer's full and final satisfaction of this Agreement;
and
(iv) Within 30 days of issuance of the letter of approval and acceptance, release any
Surety provided in connection with the accepted Park Improvements.
2.12 In the event Developer fails to fully complete construction of the Park Improvements
within 4 years of the Final Plat Recordation of Hallies Cove Subdivision Unit 1, in
the manner prescribed herein, the City may declare this Agreement to be in default
and at the City's sole discretion:
(i) Require that all Improvements be installed by Developer regardless of the
extent of completion of the improvements on the Property at the time the
Agreement is declared to be in default;
(ii) Unilaterally draw from the Surety sufficient amount to complete the
Improvements itself or through a third party; or
(iii) Assign the Surety to any third party, including a subsequent owner of the
Property, provided that such Improvements Funds shall only be assigned for the
purpose of causing the construction of the Park Improvements by such third party
and for no other purpose and in exchange for the subsequent owner's agreement
and posting of security to complete the Park Improvements.
(iv) Withdraw a lump sum payment from the Surety at the rate of $1,000 per platted
buildable lot ($350 for parkland dedication and $650 for park improvements) to
be accepted by the City as a fee -in -lieu of parkland dedication and improvement.
Any remaining surety would be released by the City.
3. Approval of Agreement. The City has approved the execution and delivery of this
Agreement pursuant to Section 21.4.15(C.)(2.) of the City's Unified Development Code,
and the Developer represents and warrants that it has taken all necessary action to
authorize its execution and delivery of this Agreement.
4. Governmental Immunity. The City does not waive or relinquish any immunity or defense
on behalf of itself, its officers, employees, Councilmembers, and agents as a result of the
execution of this Agreement and the performance of the covenants and actions contained
herein
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, representatives, successors, and
assigns, and the terms hereof shall run with the Property.
6. 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
shall be construed together and shall constitute one and the same Agreement.
7. Integration. This Agreement is the complete agreement between the parties as to the
subject matter hereof and cannot be varied except by the written agreement of the
Developer and the City. The Developer and the City each agrees that there are no oral
agreements, understandings, representations or warranties which are not expressly set
forth herein.
8. Notices. Any notice or communication required or permitted hereunder shall be deemed
to be delivered three (3) days after such notice is deposited in the United States mail,
postage fully prepaid, registered or certified mail return receipt requested, and addressed
to the intended recipient at the address shown herein. Any address for notice may be
changed by written notice delivered as provided herein. All notices hereunder shall be in
writing and served as follows:
If to the Developer:
Triple H Development LLC
15720 Bandara Road, Suite 103
Helotes, Texas 78023
Attention: Harry Hausman
If to the City:
CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
With copy to:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
9. Legal Construction. If 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, such 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
this Agreement. Whenever the 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.
10. Recitals; Exhibits. Any recitals in this Agreement are represented by the parties hereto to
be accurate, constitute a part of the parties' substantive agreement, and are fully
incorporated herein as matters of contract and not mere recitals. Further, any exhibits to
this Agreement are incorporated herein as matters of contract and not mere exhibits.
11. No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are
not intended to, and shall not be deemed to, create a partnership or joint venture among
the parties.
12. Choice of Law. This Agreement will be construed under the laws of the State of Texas
without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State
District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or
construing the terms and provisions of this Agreement. No provision of this Agreement
shall constitute consent by suit by any party.
Exhibits List:
Exhibit A
— Metes and bounds for the Parklands Subdivision
Exhibit B
— The Parklands Master Development Plan
Exhibit C
— Itemized improvements cost and graphic
Exhibit D
— Phased Value Improvements
Exhibit E —
Park Deed
[ Signatures and acknowledgments on the following pages]
Signature Page to
Parkland Improvement Agreement
This Parkland Improvement Agreement has been executed by the parties as of the dates
of the Acknowledgments to be effective as of the Effective Date.
Developer:
By:
Name:
Title:
Date:
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of , 2018 by
, the of Triple H Development LLC, on behalf of
said limited liability company.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
Signature Page to
Parkland Improvement Agreement
This Parkland Improvement Agreement has been executed by the parties as of the dates
of the Acknowledgments to be effective as of the Effective Date.
City
CITY OF SC HERTZ,
a Texas municipal corporation
By:
Name: , its Acting City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2018 by
, Acting City Manager of the City of Schertz, Texas, a Texas
municipal corporation, on behalf of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
SV"31 '21"3HOS -
s�°•°•°«�'� °°° ^•��°°' ° °�<< NVId 1N3WdOl3A3U 2131SVW
S3lVt3USSV W 3NIN33NIS343 3
S3NO`d 98.88 - 3AOO S3111t/H
831H3O?I-N3SkinD3
�o
e s4e: ¢gg 3L: 3ryi _ Jx m v'i vi��°e
J
I ow eoas
w
w O
IL
NOW
U) kgR°
0
W
NO
_ 81g
@9+ as ghg
;s°
,4
4 Z
/• 11,
� I
I li I
1 Ya
91
3ia�,iE ,
N y \
r
II/ /
I
a 'm
/
i�
3�s °dam - s "fo
y3 .=dia
w
Q
W
®a
h
U �
J
c O
W I'
z
U)
LU
w
J Q
rO
w
LL�LLLL�
u
C a
vi i J�J.1J
wt~?
Q Q a a a a m
< m'
0
000 oc o$
o
0
c -6
CN Y
E
Q! �
v m
Q 0
O
U
al
E .3
> ti
o
a ai
E E
— v
-o >
c o
� n
E
r6 —
a Y
v
> a
U 0 O
v
X m aJ
W 2 ±'
MOM
AT
1
LO
N
d'
T
W
m
C)
1b
u
O
�J
NOTICE OF CONFIDENTIALITY RIGHTS: PERSON,
YOU MAY REMOVE FOLLOWING INFORMATION!
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECU. . OR YOUR DRIVER'S
NUMBER.
WARRANTY SPECIAL DEED
FOR
RALLIES COVE SUBDIVISON PUBLIC PARKS
Date: ,
§
§ KNOW ALL BY THESE PRESENTS
Grantor: Triple H Development LLC
Grantor's Mailing Address
15720 Bandara Road, Suite 103, Helotes, Texas 78023
Grantee: The City of Schertz, a Texas Municipal Corporation
Grantee's Mailing Address:
1400 Schertz Parkway Schertz, Guadalupe County, Texas 78154
Consideration:
Ten Dollars and No /100 ($10.00) and other good and valuable consideration
to the undersigned paid by the Grantee herein named, the receipt of which is
hereby acknowledged, and for which no lien either express or implied is
herein retained.
Property (including any improvements):
Lots , Block , Hallies Cove, a subdivision in the City of
Schertz, Guadalupe County, Texas according to the map or plat thereof recorded in
Document Number of the Official Public Records of
Guadalupe County, Texas.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights -of -way, and prescriptive rights, whether of record or not;
all presently recorded restrictions, reservations, covenants, conditions, oil
and gas leases, mineral severances, and other instruments other than liens
GENERAL WARRANTY DEED PAGE 1
and conveyances, that affect the property; any discrepancies, conflicts, or
shortages in area or boundary lines; and taxes for the current year, the
payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, GRANTS, SELLS, and CONVEYS to Grantee the property,
together with all and singular the rights and appurtenances thereto in any wise belonging,
to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or
assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
Triple H Development LLC
12
Name: Harry Hausman
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This Special Warranty Deed was acknowledged before me on the _ day of
20, by of
TRIPLE H DEVELOPMENT LLC, A Texas limited liability company on behalf of said
limited liability company.
Notary Public, State of Texas
GENERAL WARRANTY DEED PAGE 2
W OWN Me,
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of
, 20, by , City Manager of the City of Schertz,
a Texas Municipal Corporation, P behalf of said Municipal Corporation.
Notary Public, State of Texas
After Recording Return To:
City Secretary
1400 Schertz Parkway
Schertz, Texas 78154
GENERAL WARRANTY DEED PAGE 3
Exhibit D
Hallies Cove Parkland Improvement Agreement
Phased Value of Improvements
Phase
Lots
% of "
Improvement Value per
Surety to be posted per
Subdivision
Phase
Phase t125%j
Unit 1
21
14.3%
$13,659.36
$17,074.20
Unit 2
26
17.7%
$16,907.04
$21,133.80
Unit 3
34
23%
$21,969.60
$27,462
Unit 4
33
22.5%
$21,492
$26,865
Unit 5
33
22.5%
$21,492
$26,865
Total
147
100%
$95,520
$119,400
NOTICE OF D; ARE A NATURAL
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.
SPECIAL , .. DEED
FOR
Grantor: Triple H Development LLC
Grantor's Mailing Address
15720 Bandara Road, Suite 103, Helotes, Texas 78023
Grantee: The City of Schertz, a Texas Municipal Corporation
Grantee's Mailing Address:
1400 Schertz Parkway Schertz, Guadalupe County, Texas 78154
Consideration:
Ten Dollars and No /100 ($10.00) and other good and valuable consideration
to the undersigned paid by the Grantee herein named, the receipt of which is
hereby acknowledged, and for which no lien either express or implied is
herein retained.
Property (including any improvements):
Lots , Block , Hallies Cove, a subdivision in the City of
Schertz, Guadalupe County, Texas according to the map or plat thereof recorded in
Document Number of the Official Public Records of
Guadalupe County, Texas.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights -of -way, and prescriptive rights, whether of record or not;
all presently recorded restrictions, reservations, covenants, conditions, oil
and gas leases, mineral severances, and other instruments other than liens
GENERAL WARRANTY DEED PAGE 1
and conveyances, that affect the property; any discrepancies, conflicts, or
shortages in area or boundary lines; and taxes for the current year, the
payment of which Grantee assumes.
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, GRANTS, SELLS, and CONVEYS to Grantee the property,
together with all and singular the rights and appurtenances thereto in any wise belonging,
to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or
assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
Triple H Development LLC
Name: Harry Hausman
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This Special Warranty Deed was acknowledged before me on the day of
, 20, by of
TRIPLE H DEVELOPMENT LLC, A Texas limited liability company on behalf of said
limited liability company.
Notary Public, State of Texas
GENERAL WARRANTY DEED PAGE
ACCEPTED:
Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of
, 20 , by , City Manager of the City of Schertz,
a Texas Municipal Corporation, P behalf of said Municipal Corporation.
Notary Public, State of Texas
After Recording Return To:
City Secretary
1400 Schertz Parkway
Schertz, Texas 78154
GENERAL WARRANTY DEED PAGE