18-R-74 - Sanitary Sewer Easement Agreements along IH-35 from Michael Scott Turner[021M
SCHERTZ, TEXAS APPROVING AND AUTHORIZING SANITARY
SEWER EASEMENT AGREEMENTS ALONG IH-35 FROM MICHAEL
SCOTT TURNER, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into agreements for Water and Wastewater Easements with Michael Scott Turner (the
"Grantor"), in the form attached hereto as Exhibit A (the "Agreements"); and
WHEREAS, the City needs the Easements in connection with the construction, operation,
and maintenance of a sanitary sewer force main along IH-35 in the vicinity of the intersection of
Country Club Boulevard and IH-35; and
WHEREAS, the City Council has determined that it is in the best interest • the City to
accept the Water and Wastewater Easements in accordance i the terms of the Agreements.
Section 1. The City Council hereby authorizes the City Manager to execute
deliver the Agreements with the Grantor in substantially the form set forth on Exhibit A and to
accept the Sanitary Sewer Easements in accordance with the terms of the Agreements.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 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 • the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required • Chapter 5 5 1, 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.
Ow
"-ff f nda Dennis, City Secretary
:`
A -1
RESOLUTION 18-R-74
EXHIBIT A. I
EASEMENT AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS- IF YO(-) ARE, A NATURAL PERSON, YOU
\4 AY REMOVE OR STRIISL A " , OR ALL OF THE I't"JI.I:,OWfNG IINFORIVIATION FROM
THIS I STRt1MENT BEFORE IT IS FILED FOR RECORD IN T14E PUBLIC RECORDS:
yrCiUR SOCIAL SECURITY i Y II MBER OR YOUR DRIV rR`S LICENSE, NUMBER.
WATER AND STEW TEi EASEMENT T AG - E EDIT
THE STATE OF TEXAS
C LI NT OF Cri NLM,
GRANT OF EASES
Michael Scott Turner,, with offices located located at 940 Eikei Street New Braunfels, TX
78130 ( "Grantor"), for the sure of Ten and N-0/1 00 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereky acknowledged and confessed, does
hereby grant, sell and convey unto THE CITE` CAE SC I ERT , TEXAS a Teas horrm -rule city,
with offices located at 1400 Sc.hertz Park ay, S'ciiertz, Texas 78154 ("Grantee"), an easement and
right-of-, ay ( "Easementf') upon and across the property ° of Grantor w ich is shown. € n the sketch
in Exhibit "'A"' and more particularly described on Exhibit " ", attached hereto and incorporated
herein by reference ("Easement Property "),
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors and assigns,
together Nvitlm the rights, and privileges and on the terns and conditions set forth below, and
Grantor, subject to the Exceptions, to Warranty, does hereby covenant and agree to WARRANT
AND FOREVER DEFEND tide to the Easement herein granted, unto Grantee, its successors and
assigns, against every person who msoever lawfully claiming or to claim the sane or any part
thereof,, by, through or under Grantor, but not other "vise.
Terms and Conditions., The following terms and conditions apply to the Easement
granted by this agreement:
I . �f ni ions. For the purposes of t -iis grant of Easement certain terms shall have the
meanings that follow
(a) "Holder" shall mean. Grantee and Grantee's heirs, successor: and assigns
who at any time own any interest in time conveyance is subject to the terms
of this agreement.
(b) "Public Utility" shall meats :unitary seer facilities.
2. Character ofEasetnent The Easement granted herein is "in grass," in that there is
no "1 enefitte Property." Nevertheless, the Easement rights herein granted shall .
pass to Grantee's successors and asssigns subject to all of the Terms hereof. The
Easement rights of use gr nted herein are nonexclusive and irrevocable. The
Easement is fear the benefit of Holder.
Purpose €j-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
appurtenwices (the "Facilities "), 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 Facilities and related
appurtenances.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.'
5, Reservation QfRi hts. 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 under the following
conditions: such -use by Grantor and Grantor's heirs, successors, and assigns does
not interfere with the use of the Easement Property by Holder for the Easement
Purpose; and Grantor may not construct any building, structure or obstruction gran.
the Easement Property. Grantor retains the right to convey to ethers the right to use
all or part of the Easement Property in czonjunction with Holder, as long as such
further conveyance is subject to the terms of this agreement. Britten approval of
Holder must b e obtained prior to any use or improvement of Easement Property not
permitted herein..
6. T'eanporarj,, Construction Easement, Holder has the right (the "Temporary
Construction. Easement!) to use the surface of the 20 -foot wide area adjacent to the
Easement Property ("Temporary Construction Jkrea7). to assist in the initial
installation and as may be reasonably necessary to maintain, repair, and replace the
Facilities within the Easement Property. Row ver, Holder must promptly restore
the area of the Temporary Construction Area to its previous physic -at condition if
changed by use of the rights granted by this Temporary Construction Easement.
7. Improvement and kf aiaatenc nee of Easement Proper v Subject to the provisions of
Section 8, immediately beldam, improvement and maintenance of the Easement
Properly and the Facilities will be at the: scale expense of Helder. Holder has the
right to eliminate any encroachments installed on the Easement Property in
violation of the terms set forth in this instrument. 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, replacemen -L, and removal
are at Holder's scale discretion, subject to performance ofHelder's obligations under
this agreement. Haider bas the right to remove or relocate any fences or rather
encroachments within the Easement Property or along its boundary lines if
reasonably necessary to construm, install, maintain, replace, or remove the
Facilities. Holder will also replace to their original condition army landscaping,;
driveways or parking areas that were in existence prior to the granting of the
Easement Property and are daniaged in connection vdth the -work.
S. Ifaintenance ref Su�fiaoe Easement Pr operry'Perinitted Improvements,
Not�kithstanding 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 within the
Easement Property 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. Driveway. Nothing in this agreement shall prevent the Grantor from constructing a
permitted driveway within the Easement Property in accordance with the provisions
of paragraphs 5 and 8 above.
10. Equitable Rights of Eilf6rcernent. This Easement may be enforced by restraining
orders and injunctions (temporary or pert ajient} 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 barm. 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.
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.
12. Binding Ej
f&cl. Tbis agreement binds and inures to the benefit of the parties and
their respective heirs. successors, and permitted assign-S.
11 07oice 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 is in the
county or counties in which the Easement Property is located.
14. 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.
15. Waiver of Defibult. 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.
16. 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, prov °isions,_ and conditions of this agreement
and all transactions contemplated by this agreement.
IT Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by �A?Titten 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.
19. ExcejWons to W1 ir„rani . This grant is su ject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
Ip. Legal Construction. Any provision in this agree -meat is for any reason
unenforceable, to the extent the a enforceability does not destroy the basis of the
bargain among the parties, the unenforceability= will not affect any other provision
hereof`; and this agr errnent 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 sr�ill not be
construed more or lass favorably between the parties by reason of authorship or
origin of language.
20. Motices. Any notice required or permitted under this agreement must be in wTiting.
Any notice required by this agreement will be deemed to be delivered ("Ni-ether
actually received or not) when deposited with the United States Postal Service,
postage prepaid., certified snail, 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 acinalty received. Any:,
address fior - notice may be changed by written -notice delivered as provided herein.
?1. RecitalslExhibits. 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 mire 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.
rN WTINI,,?SS WTIEREOF, this instrument is executed this da), of
.2018.
GRANTOR.
t.uranior s �,igynature)
,rHE STATE OF TEXAS §
CO UNTY 0 F
This instiurnent Nvas acknowledged ber-ore rne on
2018, by
Nfichael Scott Turner, an individual residing in County, Telas.
JAPAEF, 3,-'buCq
T. Nary Public Signature
i Nly
�1�-nrua�,,
{scab
GRANTEE:
AGRE E D AND ACCEPTED-
CITY OF CHERTZ, TEXAS,
aTexas hoine-rule municipality-
Bv:
I
ATTEST-
Brenda Dennis, City Secretary
THE STATE OF TEXAS §
COUNTY OF CrUADALUPE
This instrument was acknowledged before me on —.- .... . ........ 2018, by
of the City of chertz, Texas, a Texas home
rule municipality, on behalf of said municipality.
Notary Public Signature
(seal)
E1' H 9.Y " ,& "
SKETCH OF EASEMENT PRC EO' `
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EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
River City Emgpneeriug
1011 W. County &vitae Road g NEW B%kU1N`fE1S, TX 78130
PHONE (830) 625-0-137 FAX (830) 62"8:58
rlt�sasrbertsisa�€�ccti.c€rr
'Finn Regisxati Lm "3{119X944
VARIABLE WIDTH, UTMITY EASEATENT
EXHMIT"B"
Being a 0.005 of an acre, (2120 square feet)
No_ 98, Abstract No. 175, C:otnal County,
0.0480 of an acre parcel conve -;Td to Lint
dived recorded in Volurne 535, Page 16 of
Te.x as. Said 605 of an acre parcel being
bounds as follows with all bearing called
Svne -n, as established fro n the Nort l Arw
Central Zone;
E of land out of the Rafael Garza Survey
further being out of that certain called
rporation (U.S. S. l tonic Corporation) by
:sicial Public Records of Comas County,
3articularly described by metes and
rein based on the Texas, Coordinate
Datum of t983 (CORS96) for the South
CO'NINI ,' IC LeiG at a �f inch ce iar set (capped. "FtPL S 4907T") on the southeasterly rign -.-
of-way lute,. of Inte tate Highway 35 for the most westerly comer of said 0.0480 of an
:age, parcel same being the most northerly corner of the residue: of that certain called
S0.47 acre parcel ("iract 1) conveyed to .Pate Chen Investments LLC by deed recorded in
Document No. 1-01,106022679 of sra d €3 3cial Public Records
7I IE- NCE departing said right- tat -way line and
acre parcel with said residue of said 80.47 acre
dhitance of 265 91 feet to the most westerly eon
parcel, sane beirur located on the south€asbcxl)
easement described in Volume 52 2_ Page 77 7' a
THENCE crossing said 0_04-80 of at acre
e \fisting l f' sanitary sewer easement: Not
to a. point for the most northerly a finer as
:lt the common. line of'said 0.0480 of alt
rues- South 43 deg 5S' 35" East a
and POINT OF I3FCIN -,lT G of this
to of an e-xisting Id' with sanitary sewer
aid £)t3ic-ia3 Public- Records,
ilb the: southeasterly lie of said
3. 02' East. a distance of 32 -11 feel;
THENCE rots said 0.0480 of an acre parcel, South 14 deg 15' 46" Wiest, a distance of
19,36 feet to a point on the common Gate of said €3.€ 480 o an acre parcel with said
residue of said 80 ,47 acre parc el for the most southerly.: corner of thin: parcel;
THENCE vvidt said common n line, North 83 desk 59' 35" West, a distance of 23.39 feet to
the PONT OF and containing 0.005 of an acre: (?°?ti square feet) ,at i u- &
to accompany this description)
I�MR, ,
IC
RESOLUTION
EXHIBIT
EASEMENT AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A_ NATURAL PERSON, YOU
MAY REMOVE OR S'T'RIKE ANY OR ALL OF THE FOLLOWING IN- FORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORD .
FOUR SOCIAL SECURITY NUMBER OR YOUR DRI VETS LICENSE NUMBER,
WATER AND WASTEWATER EASE TENT AGREEMENT
THE STATE; OF TEXAS
COUNTY OF CO tIAL
GRANT OF EASEMENT:
Michael Scott Turner, v+rith offices located at 940 Ei el Street New Braunfels, TX 78130
("Grantor "), for the sum of Teri and No/ 100 Dollars ($10.00) and ether 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 Horne -rule city,:
with offices located at 1400 Schertz Parkway, Schertz, Texas 78154 ( "Grantee "), an easement and
rig t- cif-w -ay ("Easement") upon and across the, property of Grantor which is shown on the sketch
in Exhibit "A" and more particularly described on Exhibit "B", attached hereto and incorporated
herein by reference ( "Easement Property ")
TO HAVE AND TO HOLD the same perpetually to Grantee and its successors arid. assigns,
together with the rights, and privileges and on the terns and conditions set forth below- and
Grantor, subject to the Exceptions, to Warrailty,, does hereby covenant and agree to WARRANT
AN D 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, by, through or under Grantor, but not otherwise.
`erns and Conditions: The following terms and conditions apply to the Easement
granted by this agreement:
I. A� ftnitions. 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 sanitary sewer facilities.
1 Character o, f Easemeni. The Easement granted herein is "in gross," in that there is
no "Benefitted Property." Nevertheless, the Easement, rights herein granted sham.
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,
3. 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 (the ``Facilities "), 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 Facilities and related
appurtenances.
4. Term- Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
5. Reservation ofRights. 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 under the following
conditions: such use by Grantor and Grantor-, heirs, successors, and assigns does
not interfere with the use of the Easement Property by Holder for the Easement
Purpose-, and Grantor may not construct any building, structure or obstruction on
the Easement Property. Grantor retains 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 not
permitted herein.
6. Temporary Construction Easement. Holder has the right (the "Temporary
Construction Easement") to use the surface of the 20-foot wide area adjacent to the
Easement Property CTemporary Construction Area7), to assist in the initial
installation and as may be reasonably necessary to maintain, repair, and replace the
Facilities within the Easenient Property. However, Holder must promptly restore
the area of the Temporary Construction Area to its previous physical condition if
changed by use of the rights granted by this Temporary Construction Easement.
7. Improven7erd anti Maintenance of Easement.Proper • 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 installed on the Easement Property- in
violation of the terms set forth in this instrument- 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 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,
8. -Main.tenance of Suifiace Easement Pr opertyPermitted Improvements,
any
Notw,ithstanding contrary provision, Grantor shall retain the, obligation to
tn I zr
maintain the surface of the Easement Property, including the obligation to regularly
rriow or cut back vegetation. and to keep the surface of the Easement Property free
of litte.r, debris, or trash. Any permitted improvement made by Grantor within the
Easement Property must comply with applicable ordinances, development codes
and engineering guidelines of the City of chertz, and must not conflict with use of
the Easement for its intended purpose as described herein.
9. Driveway. Nothing in this agreement shall prevent the Grantor from constructing a
permitted driveway within the Easement Property in accordance with the provisions
of paragraphs 5 and 8 above.
M Equitahle fthts elf Eqfbreement. This Easement may be enforced by restraining
orders and injunctions (ternporary or permanent) prohibiting interference and.
commanding compliance. Restraining orders and injunctions will be obtainable on
proof of the existence of interference or tbreaten--d interference, without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and AdIl be
obtainable only by the parties to or those benefited by this ag
reement; 'provided,
however, that the act of obtaining an injunction or restraining order will not be
deerned to be an election of remedies or a waiver of any other riglits or remedies
available at law or in equity.
]L Attorney y Fees. If either patty 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.
12. Binding Efli ct This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
11 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 is in the
county or counties in which the Easement Property is located.
14. 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. AJI
counterparts will be construed together and will constitute one and the same
instrument.
15. Waiver cif Dejitult 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.
1 . 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_
17. 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 fortis in this agreement.
14. Exceptions to l'ccrrcrnt. This grant is subject to any and all encumbrances and
easements of record. to the extent the same are valid grid enforceable.
1.9. 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 ur enforceability 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. Nk'henever context requires, the singular will
include the plural and neuter include the masculine or feminine tender, and vice
versa. Article and section headings in this agreement are l or reference only and are
not intended to restrict or deEne the text of any section. This a rcement will not be
construed more or less favorably between the parties by reason of authorship or
origin of language.
20. tk'otices. 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 Mates Postal, Service,
postage prepaid, certified snail, 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.
21;, i'c'es ifalslFxhi its. Any recitals iii 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.
?. 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 cation in writing, signed: by the party to
be charged.
N wrrNESS WHEREOF. this instrument is executed this � �� da-u of
A t;i 2018,
GRANTOR:
1�
w� Micb, cicott TVrner
By:
(Grantor's Signature)
THE STATE OF TEXAS
I
COUNTY CAF 01 j, (I 6
`I "lus instrument was acknowledged before me on i 2018, by
Michael Scott Timier, an individual residing in CIII�Ifi County, T gas.
iv�
14 h_ 8'RGGS Notary Public YSignature
(sea]) � � � w D 12940"
€ my C.omnlsSin'<i7 4,..
'eb,uary 22,202Z
N'
The undersigmed, �" k as
Jefferson Bank, hereby joins in the execution of this Agree
agreement to the terms and provisions hereof, and to confirm a
by the undersigned, �,,vhether by Deed of Trust, reservation in a
othenvise, are subject and subordinate to the terms and provi;
easement, as the same may be amens ed. or modified from ti
preceding general statenient, it is agreed that the following li,
terms of this Water and Wastewater Easentent ALreement:
Grantor-' kfichael &oit Turner, Trustee: Richard J Petill, B
July 22, 20()$, Recorded. s4ugusf 04. 200-8, iri County Merl
Qfficial Public records, (if Comal Curry, Texas. &iid "Vol
Agreement: Dwe& iUqy, 25, 2010, but effective 11�7)3 O . 2010,
ClerVv rile Nl'o. 201006017252, oj'the Qfficial Public recor& ,
and Deed ol- Trust Modijied ky Agreernent - Dated.- ,June IL
Recorded, -June ,13. 2012, in Counly (.,'Ierk�s File Mo. 201 "]1060'
File IV6. 2012060225 70. (V*Ihe Ofjieial Public Records of Con
JE,FFERSON
By:
Name:
Title:
STATE OF, §
COUNINTYCAF �tcy §
--yed befbre rr.
This instrument was acknowledged
by as
behalf of said bank.
of
eat to evidence its consent and
I agree that any and all liens held
.ed, constitutional, contractual or
)ns of this water and wastewater
e-to-time. Without limiting the,
s are hereby, subordinated to the
seed of Trust to seeure a Note:
e
,jicifiry- Iejferson Bank, Dated
File jV0. 2008060299170, qf the
and Deed of Trust modijied by
corded: 411qy 2i, 2010, in C'o'unty
-Corn al County, Texas. S'did Note
012, but effective If ay 09, 2012
713 rerecorded in County Clerk's
I Counly, Texas.
w
day of
2019,
of Jefferson Bank_ I on
ate of Texas
"n
Expires: Z 2 0
GRANTEE:
AGRE ED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home-rule municipality
By:
ATTEST:
Brenda Dennis. City SecretarN�
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrw -neirt was acknowledged before me on 2018, by
of the City of Schertz, Texas, a Teas home
-
rule municipality, on behalf of said municipality.
Notary Public Signature
(seal)
SKETCH OF EASEMENT PROPERTY
EXHISFi-
'T r. s�z`t"r ctta
LEGEND
u u-r s v
=CH 401,NT OF = Ma�*dFd.L°
v UNETASLE
LINE= 0lEii N �Lm -n-
L. m2r is
Sn'14'wc 0-1
lmv-
sx sam :s°u v"w THE FAIRWAYS AT—,
a u ssam.sT s:; x Sti °iviG HILLS
cCML QWNERS ASSCOATCON! {..
is t w ^ <4rm ass° 0-813 AC
)y V . N45".. 41 W 55.a'7 DOC #: 200406046291,
L is sSH'".?0'yrw, 't "n' S
1b
MiCHA,EL SCOT" TURNER
AC
DOC# 200606009899
Scale, I' = 100'
yy�
LrNNAR CORPORATION
ola4ao AC RATE CHEN fPI'dESTMENTS, LL
V,535, P. T 6 RESIOVE OF
60.47 AC, (T0T 1)
DOC# M106022679
VFRMLE VADTH Li71UTY EASEMENT
BOND A a -239 OF AN ACRE (10,388 SQUI RE FEET)
PA.—M, 05 LMG U.L€T OF THE RAF",a Q0QA SUME`f
Nil. 58;. ABSTRACT NO- 175, COMAL COUNTY, Muks, :.
FURTHER QEiNO, OUT OF TW MUM e.- ?:35 ACR15S OF
LAND CCNVajD TO SCOTT TURNER BY DEED
{f �
,gel#sm -m -P
an
FJVBR T s
NC-
c zrasxa- xerx�x:az�& Ytagrt++�Y= o'ro3'MA'A+k �»l {5...v"l �e:- Po -`„9Si
d AT .(A pdAn 3
COMAL XLIN-zf, MXAS
f V i
E,XHIBIT
River City Engineering
1€11 W. ,C*nnty Lane R;. * NEW RRAU FF L& U, 73130
F HONE (om) 6255 -t 537 FAX (3) €2541 58
dlambke sg!rectx a ow
Fim ReOi c-rcnn M$91949
VARIABLE WIDTH UTILITY EASEMENT
EXHIBIT "B"
Being 0.719 of an acre (10,388 square fcet) parcel cif land �rri rrf the Rafael Garza,
Survey No_ 9 , , stract No. 175, Comal County, Te \as, flarther being out of that certain
called 4.735 acre parcel conveyred to Michael Scott Turner bv. deed recorded in locum rn
No- ''208606009999 of the Official Pablic Records, of t `carnal ''arm,, Texas; Said t;—. 9 of
an acre parcel being more - particularly described by tneres and bounds as follows- °ith all
bearings called for herein based on the TeNas Coordinate S;�s€cln as established front the
Nonh American Daruin of 1983 (CORS96i for the South Central ?onz-
BF'G NNENG at a TXDOT szaonument found on the southeasterly, rsght-of- ay line of
Interswe. llighwny 35 for the most northerly comer and POINT` OF l-,CilNMN; of this
parcel. sarne being they most westerly comer of that cer ain called 0.813 of an acme parcel
conveyed to The Fairways at Scerde lulls Homeowners Vsociation bN� deed recorded in
Document N . 2004 bt)46291 of said Official Public, Records;
!TJE NGF departing said ri t of -way lime and with the cone —noo, line of said 4.73-5 acre
parcel vdth said 0.813 ofan_acre parcel, the following r n.e (3 ) courses;
1). So th, 45, dc1g 21- 41" East, a distance of 66.27 feet to a `Az inch rebar set. (capped
:`IQLS 49077') toy angle;
21. South 72 dea 14' 33" east, a distance of 48,02 teet to a 1z inch rebar set (capped
"RUILS 491171 for angle
3 . ttr h Ill dr g 3 " 39" I a t a dis tance of 120.77 feet to a 17a inch rebar set (capped
_;PPLS 490T ") on the southwesterly right elf -tvay line of C:ountry Club Blvd- for -an
exterior comer of dies parcel;
1`HEI CE with said right-of-way lime of Country Club Blvd, South 30 beg, 10' 44., East,
a distance of 21.69 feet to a point for an, e xter or comer of this•. parcel;
THENCE departing said right-of-way line and crossing, said 4.735 acre parcel, the
following five (5) cours'es:_ 4
1:). South 82 deg 36' 39" WesL a distance of I316 3 feet to a point for angle
2). North 72 deg 14' 3 " 'csL a distance of 57.26 feet to a point for angic
1 orth 45 deg 22° 4<1" West, it distance of 55.62 feet to apoint for angle;
h1le I of 2
E IT ` B"
VA-RUBLE WIDTH UTILITY sus :: '
(Cont:)
4). South 9 deg 2W 57 " West. a dist tnce of 1 1126 feet to a point for angle;
51. Soath 62 deg 48* 221' West- a distance of 3; t 6a 92 feet to a point for the most
gouthwe `terly comer of this parcel-
THENCE North 59 deg, W4,5' E-st, a dis -tance of 251.62 feet to a' inch rebar set can
the aforementioned ri glu-cat` way tine of La €erstate; Highway 35 for an-je.
1FIlitit:E> with said right- of -wky line, Nall 59 deg -`W 57- EasL a distmice of 1914
fcci to the POINT OF BEGMN-NING and car. €a Ting 0.23 ofwn, acre (107398 square feet)
of Iaztd'.
a
l avid A_ Larne R.P i S N" a. 490
,i_it_ Nlb. 609 7-02-P5
(Drawing prt a ied to accompany this description
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