18-R-56 - Terminating a Sanitary Sewer Easement on Lot 2, Block 11 of the Verde Enterprise Business Park Unit 14A SubdivisionRESOLUTION OF THE CITY COUNCIL OF BLOCK It OF THE VERDE ENTERISE
TEXAS RELEASING AND TERMINATING A SANITARY SEWER
EASEMENT ON LOT
P.
BUSINESS . SUBDIVISION; IN CONNECTION THEREWITH
WHEREAS, the City of Schertz, Texas (hereinafter the "City "), received an easement
from Morton Southwest as a sanitary sewer easement, across the Grantor's property, and said
easement was established by easement document and recorded in the Public Records of Guadalupe
County on May 28, 1982 as Volume 640, page 769 (hereinafter the "Easement "); and
WHEREAS, the Engineering Department has reviewed the easement and determined that
the easement is no longer necessary due to the property having access to sewer service via other
locations; and
WHEREAS, the property is currently under development to construct sanitary sewer
service laterals that connect to other parts of the existing public sanitary sewer system; and
WHEREAS, there would be no adverse impact to sewer service in this area if the Easement
is released; and
WHEREAS, the City has determined that the Easement is no longer necessary as it relates
to the property; and
WHEREAS, the City desires to terminate and grant a release of the Easement; and
WHEREAS, a copy of the Release and Termination of Public Sanitary Sewer Easement
Instrument, which provides a more particular description of the Easement is shown in Exhibit "A"
attached hereto and incorporated herein for all purposes and has authorized such termination and
release.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
Section 1. That the recitals contained in the preamble hereto 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 2. That the City Council finds that such release and termination of the sanitary
sewer easement as requested will cause no harm or injury to the City of Schertz or its citizens, said
Easement is not needed for public purposes and it is in the public interest to release and terminate
said Easement.
Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and
terminated insofar as the right, title or easement of the public is concerned and shall only extend to
the public right, title and easement that the City may legally and lawfully abandon.
Section 4. That the City Manager is hereby authorized to execute a release and
termination of the sanitary sewer easement in substantially the same form as set out in Exhibit "A ",
and such other instruments and documents that are reasonably necessary to effectuate the purpose
of this Resolution.
Section 5. 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 6. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 7. 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 8. 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 9. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this ��— day of 'mot � , 2018.
CITY OF SCHERT , TEXAS
David 9`ca2lio , vor Pro -Tem
ATTEST:
nda Dennis, City Secretary
(CITY SEAL)
50077397.1
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50077397.1 A -1
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201899012714 I I I I I I I I I,I I I I I I I I I I 1111111
RELEASE AND TERMINATION OF SANITARY SEWER LINE EASEMENT
THE STATE OF TEXAS §
COUNTY OF e0ttftt §
C1tJ�pD1A�..v�PE
WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from
Morton Southwest, as a sewer line easement, across the Grantor's Property, and said Easement
was established by instrument and was recorded in the Comal County Official Public Records on
May 28, 1982, as Volume 640, Pages 769 -772 (hereinafter the "Easement "); and
WHEREAS, The Engineering Department has reviewed the Easement and has determined that
the Easement is no longer necessary since the existing sewer line has been abandoned; and
WHEREAS, There would be no adverse impact to the sanitary sewer main in this area if the
Easement is released; and
WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the
Property; and
WHEREAS, the City desires to terminate and grant a release of the Easement; and
WHEREAS, A more particular description of the Easement is shown in Attachment "A"
attached hereto and incorporated herein for all purposes and has authorized such termination and
release.
NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and
future owners of the Property, or any portion thereof, the City has RELEASED AND
TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement
attached hereto as Attachment "A ". It is expressly agreed and understood that this is a release of
only said Easement and that this release does not release, affect or impair any other remaining
easements as they may relate to the Property or any real property which is not included within the
Property. By execution hereof, the City confirms and acknowledges the Easement as recorded in
the Comal County Official Public Records, Volume 640, Pages 769 -772, and attached hereto as
Attachment "A" will be of no further force or effect.
EXECUTED TO BE EFFECTIVE the day of 2018.
�ATfi1�S�T CITY OF SC RTZ, TEXAS
rend., nisaGity Secretary Brian kdines, Acting City Manager
THE STATE OF TEXAS
COUNTY OF COMAL
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared Brian James, Acting City Manager of the City of Schertz, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 'day of -i� R , 2018.
[Seal]
Notary Public in and for the State of Texas
My Commission Expires: f Z --d 1— ZI-d % 1r
""" DONNA R. SCHMOEKEL
NOTARY PUBLIC
AFTER RECORDING RETURN TO: STATE OF TEXAS
(i"'.)MY Commission Expires 12.01 -2019
City of Schertz, Texas
Attn: Planning & Community Development
1400 Schertz Parkway, Building 1
Schertz, TX 78154
MORTON SOUTHWEST
STATE OF TEXAS
I
COUNTY OF BEXAR('
-ATTAdiMENT A
TO CITY OF SCHERTZ vt 640 FuE %9
SEWER LINE EASEMENT
�.9 KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Morton Southwest, Grantor,
for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration to it, in
hand paid, and for and in consideration of the benefits
accruing to it by reason of the construction by the CITY OF
SCHERTZ, TEXAS, of a sanitary sewer outfall line in, upon,
over and across its property, more particularly described
below, hereby dedicates to the CITY OF SCHERTZ, TEXAS,
Grantee, an easement.and right -of -way of twenty -five feet
(251) in width for a sanitary sewer line with all the necessary
laterals or appurtenances thereto, over, across, under and
upon the following described property located in Guadalupe
and Comal Counties, Texas (hereinafter the "Property "), to-
wit:
1.790 acres (77,964 sq. ft.) of land out of the Morton
Southwest 55.711 acre tract of land recorded in volume 632,
Page 39, of the Guadalupe County Deed records; and Volume
319, Page 841, of the Comal County Deed records;
BEGINNING: For reference at a fence post near the northwest
corner of the above- mentioned Morton Southwest
55.711 acre tract;
THENCE: Northeasterly 317.45 feet, along the northwest
property line of said Morton Southwest 55.711
acre tract, to the northwest corner and the
point of beginning of the herein described
1.790 acre easement;
THENCE: Continuing along the northwest property line
of said Morton Southwest tract N 56 °16140" E,
25.01 feet, to the northwest corner of
herein described easement;
THENCE: S 33 °47137" E, 2,272.50 feet; S 44 °01'29" E,
376.55 feet; and S 33 °47'37" E, 468.80 feet;
to the southeast corner of the herein described
easement, said corner being in the north line
of a 60 foot road as platted in the Subdivision
Plat of Beacon Circle East Subdivision,
Unit 1;
THENCE: S 55. 35'30- W, 25.72 feet, along the north
line of said 60 foot road, to the southwest
corner of the herein described easement;
THENCE: N 14- 54143" W, 2.22 feet; N 33 °47'37" W,
464.73 feet; N 44 °01129" 47, 376.55 feet; and
N 33 °47'37" W, 2,274.77 feet, to the point of
beginning,and containing 1.790 acres (77,964
sq. ft.) of land more or less.
,. ,
"" --
640 (70 s.
together with a right of ingress and egress over said right- i
of -way for the purpose of constructing and reconstructing I,
said sanitary sewer line for the transportation and treatment
j of domestic, municipal and industrial sewage and sludge;
inspecting, patrolling, maintaining and removing said sewer
C line and appurtenances thereto; the right to relocate said
sewer line within said right -of -way, the right to remove from
R.
said Property, described above, all trees and parts thereof,
may interfere with the exercise
or other obstructions, Y
of the rights hereby granted hereunder, and Grantor expressly
covenants and agrees for itself, its successors and assigns,
that no building or obstruction of any kind will be placed on
l:
said easement right -of -way herein granted. This easement
j.
will be used for any and all things reasonably necessary for
the construction, operation and maintenance of the aforesaid
sanitary sewer line.
A. Grantee expressly agrees th at
upon completion of construction of said
sewer line it will remove from the
Property described above, all surplus
material and will generally cause said
i property to be left, as nearly as possible,
4i in the condition as it existed prior to
the construction of said sanitary sewer
line.
B. Temporary fences shall be
I maintained by Grantee during construction
and upon completion of construction any
i fences of Grantor damaged or removed
shall be replaced by Grantee, at its
1' sole cost and expense.
II C. There is reserved to-the
i - Grantor, Grantor's successors and assigns,
the right and privilege to use the above
'i described Property of the Grantor at any
time, in any manner and for any purpose
not inconsistent with the full use and
enjoyment of the Grantee, its.successors
and assigns, of the rights and privileges
herein granted.
D. The rights and privileges
ii herein granted are subject to all easements,
rl rights -of -way, mineral reservations or
other rights now outstanding in third
parties.
2
r
t
r.
640 771
For the same consideration, said Grantor does
further grant unto Grantee a Temporary Construction Easement
fifty feet (501) in width abutting the above described Property
(along either side as selected by Grantee by written notice
to Grantor) for the purpose of using said Temporary Construction
Easement for the construction of said sanitary sewer line to
be placed within the heretofore described Property. The CITY
OF SCHERTZ, TEXAS expressly agrees that it will remove from
said Temporary Construction Easement all surplus material and
said CITY OF SCHERTZ, TEXAS will cause the property comprising
the Temporary Construction Easement to be left as nearly as
possible in the condition as it existed prior to the construction
of said sanitary sewer line. This temporary construction
easement shall expire at the completion of the construction
of the aforesaid sanitary sewer line.
TO HAVE AND TO HOLD the above described easement
and rights unto the CITY OF SCHERTZ, TEXAS, its successors
and assigns, for the uses and purposes above set forth, until
the use of said right -of -way for a sewer line shall be F
abandoned by the Grantee.
The undersigned does hereby bind itself, its successors,
legal representatives and/or assigns to WARRANT AND FOREVER
DEFEND all and singular the above described easement and
rights unto the CITY OF SCHERTZ, TEXAS, its successors and
assigns, and against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
WITNESS MY HAND this 1 day of �4r 1962.
MORTON-SOUTHWEST
By
Cliff Morton
3
J
(I _1
4
®« a 772
STATE OF TEXAS [
COUNTY OF BEXARI
BEFORE me, the undersigned authority, on this
day personally appeared Cliff Morton ' known to me
1 to be the person whose name is subscra ed to the foregoing
instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in
the capacity therein stated.
GI EN under my han and seal of office this
Zday of 1982. .""- •. .. ° �. `
Notary Public in and fob"
j The State of Texas
My commission expires R CO J -'
/0 -.3 -8�
THE STATE OF TEXAS 1 h FRANK SCHMIDT. Clerk of the County Court in
County of Guadalupe J
i
. and for said County, do hereby certify that the foregoing instrument of writing dated the. ...day of
fit. M . I 2. with its certificate& of authentication, was filed for Record in my
,'4 i oa P.M., and duly
office the... _._o1s _day'.oC_ �:. ?.- -.. .. 19 Q • , at..__3
t.. _..
recorded .day in ..........
- on �� .... ___...
_..... DkED_:. ::._.:.Record of County in Vol..._�t.— -._. Pages
WITNESS my hand - pdr,the of the County Court of said County, at office in Seguin, Terss;
....
the day azW y arlist written a e
j� e FRANK SCHMIDT, Clerk
....... .... ___ ...... .................. ....... ...
By. County Courk Guadalupe County.
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This page has been added by the Guadalupe County Clerk's
office to comply with the statutory requirement that the
201899012714
I certify this instrument was FILED and RECORDED
in the OFFICIAL PUBLIC RECORDS
of Guadalupe County, Texas on
0611112018 02:48:50 PM PAGES: 7 JEANNE
TERESA KIEL, COUNTY CLERK
Gu