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18-R-29 - Waterline easement agreement through the samuel clemens high schoool campusCK�l ►1►t Bra Y ►`WNI10IRWATJY011 WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for a Waterline Easement with the Schertz - Cibolo- Universal City Independent School District (SCUCISD) (the "Grantor "), in the form attached hereto as Exhibit A (the "Agreement "); and WHEREAS, the City needs the Waterline Easement in connection with the construction, operation, and maintenance of a water main including fire hydrants, on the SCUCISD campus of Samuel Clemens High School located on Elbel Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Waterline Easement in accordance with the terms of the Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Grantor in substantially the form set forth on Exhibit A and to accept the Waterline Easement in accordance with the terms of the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of March, 2018. CITY OF S- TZ, TEXAS R. Carpenter, Mayor ATTEST: (::3a Brenda Dennis, Ci Secretary (CITY SEAL) :. A -1 Imo!!_ \IYI] "DfY"I'S", II [Y7►[Y7 IY:'l61,11. 311 [�1I11Y111Y11' /yl.y�1►�1�1►Y11 C RESOLUTION . • EXHIBIT A EASEMENT AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WATER LINE EASEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF GUADALUPE GRANT OF EASEMENT: SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, a body corporate and political subdivision in the Counties of Guadalupe and Bexar, State of Texas ("Grantor "), for the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, does hereby grant, sell and convey unto THE CITY OF SCHERTZ, TEXAS, a Texas home -rule city, with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and right -of -way ( "Easement ") upon and across the property of Grantor which is more particularly described on Exhibit "A ", attached hereto and incorporated herein by reference ( "Easement Tract "), TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns, together with the rights, and privileges and on the terms and conditions set forth below; and Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT AND FOREVER DEFEND title to the Easement herein granted, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Definitions. For the purposes of this grant of Easement certain terms shall have the meanings that follow: (a) "Holder" shall mean Grantee and Grantee's heirs, successors and assigns who at any time own any interest in the conveyance is subject to the terms of this agreement. (b) "Public Utility" shall mean water lines and fire hydrant facilities. 2. Character of Easement. The Easement granted herein is "in gross," in that there is no "Benefitted Property." Nevertheless, the Easement rights herein granted shall pass to Grantee's successors and assigns, subject to all of the Terms hereof. The Easement rights of use granted herein are nonexclusive and irrevocable. The Easement is for the benefit of Holder. Purpose of Easement. The Easement shall be used for public utility purposes, including placement, construction, installation, replacement, repair, maintenance, relocation, removal, and operation of public utility facilities and related appurtenances, or making connections thereto. The Easement shall also be used for the purpose of providing access for the operation, repair, maintenance, replacement and expansion of the public utility facilities and related appurtenances. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Secondary Easement. Holder has the right (the "Secondary Easement ") to use the surface of the 20 -foot wide area adjacent to the Easement Property, to assist in the initial installation and as may be reasonably necessary to maintain, repair, and replace the Facilities within the Easement Property of the Facilities within the Easement Property. However, Holder must promptly restore the area of the Temporary Construction Easement to its previous physical condition if changed by use of the rights granted by this Secondary Easement. Improvement and Maintenance of Easement Property. Subject to the provisions of Section 8., immediately below, improvement and maintenance of the Easement Property and the Facilities will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. Holder has the right to remove or relocate any fences or other encroachments within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Facilities. Holder will also replace to their original condition any landscaping, driveways or parking areas that were in existence prior to the granting of the Easement Property and are damaged in connection with the work. Maintenance of Surface Easement Property /Permitted Improvements. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Property, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Property free of litter, debris, or trash. Any permitted improvement made by Grantor must comply with applicable ordinances, development codes and engineering guidelines of the City of Schertz, and must not conflict with use of the easement for its intended purpose as described herein. 9. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 10. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 11. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 12. Choice of Latin. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 13. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 14. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 15. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 16. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 17. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 18. Legal Construction. Any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 19. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 20. Recitals /Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 21. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITItiESS WHEREOF, this instrument is executed this day of THE STATE OF TEXAS COUNTY OF ale GRANTOR: This instrument was acknowledged before me on ry\ o,:tj I to , 20j3, by an individual residing in C uadaly .LC©unty, Texas. (seal) ` pl;;A L ETFIHEIM OUYAR* PUBLIC 31'.q► E I F TEXAS ��0F1 L�rn�rtt. Lap. 9-10 -2017 No ry Public Signature CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality C THE STATE OF TEXAS COUNTY OF GUADALUPE Brian James, Acting City Manager This instrument was acknowledged before me on , 20, by Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf of said municipality. Notary Public Signature (seal) i FIELD NOTE DESCRIPTION OF 0.353 OF AN ACRE (15,390 SQUARE FEET) 16' Water Easement Page 1 of 4 A 0.353 of an acre (15,390 square feet) tract of land lying in the G. Malpaz Survey No. 67, Abstract No. 221, City of Schertz, Guadalupe County, Texas, same being a portion of a 29.379 acre tract of land described in a Warranty Deed to the Schertz - Cibolo independent School District, dated January 10, 1962, recorded in Volume 346, Page 455, Deed and Plat Records of Guadalupe County, Texas, and a 20.0 acre tract of land described in a Warranty Deed to the Schertz - Cibolo Independent School District, Dated January 10, 1962, recorded in Volume 346, Page 454, Deed and Plat Records of Guadalupe County, Texas; said 0.353 of an acre (15,390 square feet) tract of land being more particularly described as follows: Commencing: At a found chiseled "X" in concrete at an interior angle point of Lot 1, Block 1, Final Plat of City of Schertz Municipal Complex, recorded in Volume 8, Pages 73 -76, Deed and Plat Records of Guadalupe County, Texas and the northeast corner of said 29.379 acre tract; Thence: S59 °31'10 "W, coincident with the southeast line of said Lot 1 and the northwest line of said 29.379 acre tract, a distance of 737.77 feet, whence a found chiseled "X" in concrete at an interior angle point of said Lot 1 and the southeasterly corner of a tract of land described in deed to Good Sheperd Catholic Church, recorded in Volume 408, Page 12, Official Public Records of Guadalupe County, Texas bears S59 °31'10 "W, a distance of 1,197.19 feet; Thence: S30 028'50 "E, leaving the southeast line of said Lot 1 and the northwest line of said 29.379 acre tract, a distance of 309.68 feet to a set cotton spindle for the Point of Beginning of the easement described herein; Thence: Traversing said 29.379 acre tract and said 20.0 acre tractthe following: S75 018'23 "E, a distance of 49.92 feet to a set cotton spindle for an angle point of the easement described herein; S30 018'23 "E, a distance of 606.47 feetto a set 1/2" iron rod with red cap stamped "CODE" for the southeast corner of the easement described herein; S59 031141 "W, a distance of 16.00 feet to a set cotton spindle for the most southerly southwest corner of the easement described herein; N30 °18'23 "W, a distance of 202.33 feetto a set cotton spindle for an interior angle point of the easement described herein; EXHIBIT A Page 2 of S59 °41'37 "W, a distance of 22.43 feet to a set cotton spindle for an angle point of the easement described herein; N30 °18'23 "W, a distance of 10.00 feet to a set cotton spindle for an angle point of the easement described herein; N59 °41'37 "E, a distance of 22.43 feet to a set cotton spindle for an angle point of the easement described herein; N30 °18'23 "W, a distance of 387.56 feet to a set cotton spindle for an angle point of the easement described herein; WY18'23 "W, a distance of 36.59 feetto a set cotton spindle for an exterior angle point of the easement described herein; S59 °15'47 "W, a distance of 12.39 feet to a set cotton spindle for an exterior angle point of the easement described herein; S30 °44'13 "E, a distance of 27.54 feet to a set cotton spindle for an exterior angle point of the easement described herein; S59 °15'47 "W, a distance of 10.00 feet to a set cotton spindle for an exterior angle point of the easement described herein; N30 °44'13 "W, a distance of 27.54 feet to a set cotton spindle for an exterior angle point of the easement described herein; S59 °15'47 "W, a distance of 173.74 feetto a chiseled "X" in concrete for an exterior angle point of the easement described herein; S79 °45'47 "W, a distance of 29.33 feet to a set cotton spindle for an exterior angle point of the easement described herein; N89 °59'13 "W, a distance of 35.22 feet to a set cotton spindle for an exterior angle point of the easement described herein; S00 °00'47 "W, at a distance of 20.70 feet crossing southwest line of said 29.379 acre tract and northeast line of said 20.0 acre tract, continuing for a total distance of 23.18 feetto a set cotton spindle for an exterior angle point of the easement described herein; N89 059'13 "W, traversing the 20.0 acre tract, a distance of 10.00 feet to a set cotton spindle for an exterior angle point of the easement described herein; N00 °00'47 "E, at a distance of 19.45 feet crossing the northeast line of said 20.0 acre tract and the southwest line of said 29.379 acre tract, continuing for a total distance of 39.18 feet to a set cotton spindle for an angle point of the easement described herein; Thence: Traversing the 29.379 acre tract the following: S89 °59'13 "E, a distance of 43.79 feet to a set cotton spindle for an angle point of the easement described herein; EXHIBIT A Page 3 of 4 N79045'47 °E, a distance of 25.00 feet to a set cotton spindle for an angle point of the easement described herein, and; N59 115'47 "E, a distanceof 199.93 feetto the Pointof Beginning, containingO.353 of an acre (15,390 square feet) of land. Notes. 1.) Basis of Bearings is the Texas State Plane Coordinate System, South Central Zone (4204), NAD 83 (93). 2.) Exhibit Plat of even date accompanies this field note description and is made a part hereof. STATE OF TEXAS COUNTY OF BEXAR I, Michael W. Cude, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information 6btained by an on the ground survey made under my supervision in May 2017. Date i-1 `� day of f+\ AY 2017 Job No. 03035.041 May 16, 2017 13.13.1M.W.C. r / pq Michael W. Cuhe- Registered Professional Land Surveyor No. 2313 - State of Texas SITE �plp hf0L 1Y LOCATION HAP N.T.S. 16' WATER LINE EASEMENT 0.353 AC. 15,390 S,F.^ SCHERTZ- CIBOIA INDEPENDENT SCHOOLDISTRICT JANL'ARY10,1967 20.00ACRES VOL 346, PG. 454 D.R.G,C.T. P K r� 50IERTZ- 08OLOINDEPENDENT SCHOC L DISTRICT JANUARY10,1962 29.3TO ACRES VOL 346, PG. 455 D.P.R.G.cr. DETAIL "A" N.T.S. LEGEND D.P.R.G.C.T. = DEED AND PLAT RECORDS OFGUADALUPECOUNTY,TE%AS P.O.B. = POINT OF BEGINNING P,t },C, = POINT OF COMMENCEMENT = SETCOTrON SPINDLE UNLESS OTHERWISE NOTED X = CHISELED •`?C' IN CONCRETE NOTES: 1, BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYS7EM,111UTI1 CENTRAL ZONE (4204), NAD 03 (B3). 2 A METES AND BOUNDS DESCRIPTION ACCOMPANYING THIS EXHIBIT PLAT OF EVEN DATE, 1 ALL CORNERS SHOWN HEREON ARE SET COTTON SPINDLES 8 UNLESS OTHERWISE NOTED, CHIS €LID "IC" " 6�, Iaie k d CITY OF SCHERTZ CUDE CITY OF SCHER72 MUR ICPAt COMPLEX V WW.CUDEENIGIN1EERS.COM MUNICIPAL COMPLfJt LOT 1, BLOCK 1 L3 LOT L BLOCK 1 52.642 ACR ES SCHERTZ -CmOL4 32.640 ACRES VOL a, PG. 73.76 L5 4101_, 06 PG. 73.76 D,P,R.U.C.T. INDEPENDENTSCHOOL D,P,R,G,C.T, 11100' DISTRICT' NSS'u'37'L % JANUARY 10.1961 "30`16123119 367.10' VOL 346, PC, 45S k7S11'23•W 3653' LIP SSWl3`47•W P.d.B, ti' WATER LINE EASEMENT �. 0.353 AC. L12 SS97S•4710 15,390 S.F. L13 LEGEND D.P.R.G.C.T. = DEED AND PLAT RECORDS OFGUADALUPECOUNTY,TE%AS P.O.B. = POINT OF BEGINNING P,t },C, = POINT OF COMMENCEMENT = SETCOTrON SPINDLE UNLESS OTHERWISE NOTED X = CHISELED •`?C' IN CONCRETE NOTES: 1, BASIS OF BEARINGS IS THE TEXAS STATE PLANE COORDINATE SYS7EM,111UTI1 CENTRAL ZONE (4204), NAD 03 (B3). 2 A METES AND BOUNDS DESCRIPTION ACCOMPANYING THIS EXHIBIT PLAT OF EVEN DATE, 1 ALL CORNERS SHOWN HEREON ARE SET COTTON SPINDLES 8 UNLESS OTHERWISE NOTED, rr APPROXIMATE LOCATION OF 16'WATeR LINE EASEMENT VOL. 2031, P13.13 O.P,R.GJC.T, I LINE TABLE CUDEENGINEERS 6�, Iaie k d 4122 POND HILL RD. "SUITE 1Dt CUDE SAN ANTONIO, TEXAS 78231 TEL 210,681,2851" FAX 210.523.7112 4992' V WW.CUDEENIGIN1EERS.COM `�dEtpfET*� TDPE FIRM #455 L3 TBPLS FIRM #10048500 rr APPROXIMATE LOCATION OF 16'WATeR LINE EASEMENT VOL. 2031, P13.13 O.P,R.GJC.T, I LINE TABLE LINE HO. 6EAR1N0 DISTANCE LI 57Y1a'73'E 4992' L2 530'La'23% 606.471 L3 S5W3L'41Y1 16.00' L4 N30'11'23'W 20233' L5 iS9'4':3T'W 22.43' L6 N301111'2319r 11100' LT NSS'u'37'L 12AV L0 "30`16123119 367.10' L9 k7S11'23•W 3653' LIP SSWl3`47•W 12.31' LI3 S30'4413"1 27.", L12 SS97S•4710 la" L13 1430'44'13'N 27.54' L14 5159'35'47.0 173.14' Lis S79'43'47'0 29ar 1,16 4891591131Vr 35.22• 417 800.63'471" 23116' LSa 1,1112.53'17'" low 1 119 N6N'0 4A 3916' L20 519'39'lr'E 42,3a1' L21 11,172'0147"{ 23,00' L22 N52'Is -ATE 199.53' WATER LINE EASEMENT 0.353 AC. 15,390 S, F. r� \ r� Sell" Yon Rod Wj C6: D€ Cap 6k SUV.II I"= lao• PAGE40F4 EXHIBIT OF A4 .33j1WanrKrt(1s,33Dlquaref+atl tractof land lylnaIn the G. MaIpez56ru6yR0,6T,A % tracL Ifa 231, City of ScNrU, Guedalupt Cow nty, Trxas, samr W Ina a portion bra 19.11911 re SrW of Imd dmil<Qd in A Warra"ty need to the 30ert7- Cllrolo Independ ent Schaal District, dated Jinuary 10,1962, recorded In Votum a 348, Pale 451, Dead and Plat Reaordsat Gu adalup2 corny, Texas, and a 20.0 acre trmof lend desrd6ad Ina Warranty Deed to the 561trtz- Cibalo Indepeyd ent S eh ool District. Dated J anuery 10, 1962, recorded to Valame 346 Pale 454, Deed a rd Plat Retards ut G uadalupe Cour ty, Texas. DATA May17.201T JDSNO: 03035.001