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19-R-10 Waterline Easement Agreement 7-ElevenRESOLUTION O SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATERLINE EASEMENT AGREEMENTS ACROSS PRIVATE PROPERTY FROM 7- ELEVIN, INC. A TEXAS CORPORATION D OTHER MATTERS CONNECTION WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into agreement for Waterline Easement Agreement with 7- Elevin, INC. a Texas Corporation ( the "Grantors "), in the form attached hereto as Exhibit A (the "Agreements "); and WHEREAS, the City needs the Waterline Easement in connection with the construction, operation, and maintenance of water mains to be relocated within the easement in the vicinity of the intersection of FM 1103 with IH 35; and WHEREAS, the Waterline Easement is necessary to relocated city owned utilities ensure access for the maintenance of water mains in the future; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the Waterline Easements in accordance with the terms of the Agreements. 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 Agreements with the Grantor in substantially the form set forth on Exhibit A and to accept the Waterline 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 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 22nd day of January, 2019. CITY OF SGITZ, TEXAS R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Imo. D uT w i 11.7 1 �7► 1 �1►Y IT` 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. THE STATE OF TEXAS § COUNTY OF COMAL § GRANT OF EASEMENT: ?-ELEVEN, INC., a Texas corporation, with an address of 3200 Hackberry Road, Irving, Dallas County, Texas 75063 ( "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 SCHE RTZ, TEXAS, a Texas home-iule city, with offices located at 1400 Scheitz Parkway, Schertz, Texas 78154 ("Grantee"), an casement 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 pelpetually 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 of to claim the same or any part thereof. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 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 potable water, wastewater, and reclaimed wastewater facilities. 2. Character ofEasement, The Easement granted herein is "in gross," in that there is 110 "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. Terri. 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 Tract is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Tract 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 Tract by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Tract, The right to convey to others the right to use all or part of the Easement Tract in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Grantee will at all times permit vehicular and pedestrian ingress and egress to and from Grantor's property over and across the easement area to the adjoining roadways sufficient to permit the uninterrupted conduct of business operations on Grantor's property. Grantee agrees that the easement granted hereby is for the purpose of operating only the facilities as herein described and not for purposes of parking or storage of equipment or supplies. Grantee shall, at its own expense, and to the extent reasonably practicable, restore the easement area to the condition existing, prior to the performance of any construction or maintenance work. As an additional form of consideration for the granting of this Easement, Grantee acknowledges and agrees that Grantor (and Grantor's heirs, successors, and assigns) specifically reserve the right to locate, maintain, replace, upgrade (so long as remaining in the same location), or repair the vent pipe and associated appurtenances located and shown in Exhibit "B" attached hereto within the Easement (said reserved right referred to herein as "Grantor's Vent Pipe Rights "). Grantee agrees that its rights described herein will be subordinate to and subject to Grantor's Vent Pipe Rights and Grantor's Vent Pipe Rights shall run with the land and exist in perpetuity. 6. Improvement and Maintenance of Easement Tract. Subject to the provisions of Section 7., immediately below, improvement and maintenance of the Easement Tract and the Facilities will be at the sole expense of Holder. Holder: has the right to eliminate any encroachments into the Easement Tract. Holder has the right to construct, install, maintain, replace, and remove the Facilities under or across any portion of the Easement Tract. All matters concerning the Facilities and their configuration, construction, installation, maintenance; replacement, and removal are at Molder's sole discretion, subject to performance of Holder's obligations under this agreement. Subject to Grantor's Vent Pipe :Rights; Holder has the right to remove or relocate any fences or other encroachments within: the Easement Tract 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 parldng areas that were in existence prior to the granting of the Easement Tract and are damaged in connection with the work. 7. Maintenance of Surface 1;'asernent TractfPer'initted linpr•oveinents. Notwithstanding any contrary provision, Grantor shall retain the obligation to maintain the surface of the Easement Tract, including the obligation to regularly mow or cut back vegetation and to keep the surface of the Easement Tract 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.. Equitable Rights of Enforcement. Tbis 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. 9. 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. 10. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 11. Choice of Larv. 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 Tract is located. 12. 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. 13. 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: 14. Further 4ssur°ances. Each signatory parry 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. 15, 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. 16. Exceptions to Warranol, This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 17, 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. t8. 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, returir 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. 19. RecitalslExhibits. Any recitals in this agreement are represented by the panties 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. 20. 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. [Signatures ore following page.] A sent 8' cretal' y/',1 1\ THE STATE OF TEXAS § COUNTY OF DALLAS § 7-ELEVEN, INC., a Texas corporation By:_ Name: Ybshihiro Hatst Title: Mice President .11 This instrument was acknowledged before me on Q-,: u c-% rm I 1 , 2019, by Yoshihiro Hatsuno , as Vice President of 7-Eleven, Inc., a Texas corporation, on behalf of said corporation. VICTORIA SAAR 1*.-' Notary Public, State of Texas (seal) MyComm. Expires 10/1812021 Notary fl) 124278691 gig;; TBE STATE OF TEXAS § COUNTY OF GUADALUPE § Notary Public, State of Te"xas Victoria Baar GRANTEE: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS; a Texas home-rule municipality ME Brian James, Acting City Manager This instrument was acknowledged before me on 2019, by Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home-lule municipality, on behalf of said municipality. Notary Public, State of Texas (seal) Date: March 28, 2018 Project No: 1124.9211 FIELD NOTES DESCRIPTION 0.089 Acre (3895.9 Sq. Ft.) Water / Wastewater Easement 0.089 acre (3895,9 Sq. Ft.) easement, situated in the Rafael Garza Survey No. 98, Abstract No. 175, Comet County, Texas, being apottion of the H T S 2 Subdivision as shown on a plat recorded in Volume 8, Page 224 of the Map and Plat Records of Comet County, Texas conveyed to 7- Eleven, Inc. in DocuniontNo. 201206020912 ofthe Official Records of Comet County, Texas; being more particularly described as follows: BEGINNING: at a point for the Southeastern coiner of this easement on the Southeastern line of the said H T 8 2 Subdivision, the Northwestern line of Lot 5, Block 1 of the Hubertus Retail Subdivision as shown on a plat recorded in DocumentNo. 200806006465 of the Map and Plat Records of Comet County, Texas, from which a V!z inch iron rod found on the Southwestern line, of F.M. 1103 for the 8 outheastem corner of the said H T S 2 Subdivision, the Northeastern corner of said Lot 5, Block 1 bears N 59,153141" E — 10.37 feet; THENCE; S 5915341" W — 25,00 feet along the Southeastern line of the said H T S 2 Subdivision, the Northwestern line of said Lot 5, Block I to a point for the South-western coiner of this easement, from -which a Mag. Nail found for the Southwestern coiner of the said HT B 2 Subdivisionbears S 59'5341" W- 175.09 feet; THENCE! N 30-20'08" W— 168.58 feet across the said H T S 2 Subdivision to apoint on a Northern line of the said H T 8 2 Subdivision, being a outback line at the intersection of Interstate Highway 35 and FM, 1103, from which a Texas Department of Transportation' Type 2 monument found bears N 74940'39" W — 96.69 feet, THENCE-. S 74040'39" E — 35.77 feet along the said Northern line of the said H T S 2 Subdivision, the same being the said outback line of Interstate Highway 35 and F.M. 1103 to a point for the Northeastern corner of this easement, from which a Texas Department of Transportation Type 2 monument found for the Northeastern coiner of the said H T 8 2 Subdivision on the Southwestern line of saidRM. 1103 bears S 74040'39" E— 14.81 feet THENCE: S 30'20'08" E — 143.10 feet across the said H T S 2 Subdivision to the POINT OF BEGINNING and containing 0.089 acres (3895.9 Sq. Ft.) of land. 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 78217 P. (210) 590-4777 F. (210) 590-4940 1-800-332-3109 Nyw.fordengineering.coni - TBPB No. F -1 i62 TBPLS No. 10018400: REVISED 09 -05 -2018 . REARrNGSARE BASED ONMES'TATEPPLA +E COORDINATE SYSTEM ESTABLISLfED FOR THE TEXAS SOUTH CENTRAL ZONE, 4204, NAD 83, sl4 F� �,... �.. Rex LLHackett REX t NAGK> Ti Registered Professional Land Sua-veyor License Number 5573 10927 WYE DRIVE SUITE 104 SAN ANTONIO, TX 18217 P. (210) 590.4777 F. (210) 590 -4940 t-800-332-3109 TBFE No. F -I 162 TEPLS No. 10018400 2 fm. f FND, TXDOT /—TYPE 2 MON. FNDI TxDoT TYPE 2 hION, $��b '�"�" DO A ©64 '0 old rr Usti, Fr, 2, FN% TXo0T rTYPE 2 MON. I F.R. FND. rjc pl� '4 A 0.1 oo DO t Co No e WAS MADE ON THE GROUND, UNDER SION AND COMPLIES WITH THE CURRENT -TY OF PROFESSIONAL SURVEYORS AND SPECIFICATIONS FOR A CATAGORY LAND SURVEYOR Dr 10 60` TMOT 2 UM RAFAEL GARZA AB STRAOTEN VC06R&L CO U NTY ABSTRACT NO,. 138 - GUADAWPE COUNTY ll�l rv, "A" o' 0 W7 FND, 1/2- IRON ROD 7- P'O'B' ILINEIQEARING W S CE _ Q_ IL5 IS 59'53'41- IZ!):UU' E 35.77 1 BEARING ARE BASED ON TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE NAD 83/93; PLAT SHOVANG 0.0139 ACRE 3895.9 Sq. Ft. WATER / WASTEWATER ESMT. SITUATED IN THE RAFAEL GARZA SURVEY NO, 98, A• 175, COMAL 00, BEING A PORTION OF H T S 2 SUBDIVISION AS SHOO ON A PLAT REOORDEDAN VOLUME 8, PAGE 224 OF THE MAP AND PLAT RECORDS OF COMAL CO,, TX. MPROJECT NO. 1124 9213 D REVISED, 09-05-2018 -A IUSSA TBPC No. F -1162 `Vi ".FORDd:NOINWRIN13.COIA TOM No. WGIM o Vent Pipes are highlighted in yellow. Vent Pipes are outlined in red.