19-R-14 Water & Easement Danville MiddleL. '` ' •t 1 • 1` 1
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement for a Water Easement with Comal Independent School District (the
"Grantor "), in the form attached hereto as Exhibit A (the "Agreement "); and
WHEREAS, the City needs the Easement in connection with the operation, and
maintenance of a potable water main extension parallel to FM 482, across a portion of Lot 1,
Block 1, of the Comal ISD Middle School 6 Subdivision, beginning near the northeast
intersection of Hubertus Road and FM 482; and running approximately 465 feet northeast.
WHEREAS, the City Council has determined that it is in the best interest of the City to
accept the Water 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 Agreements with the Grantor in substantially the form set forth on Exhibit A and to
accept the Water 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 5th day of February 2019.
CITY OF SSA TZ, TEXAS
R. Carpenter, Mayor
ATTEST:
s�'
Brenda Dennis, City Secretary
1,10M,
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIDE 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 EASEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF GoMA,(--
:._
Comal ISD, 1404 IH 35, New Braunfels, Texas 78132 ( "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:
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 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 shalt 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.
Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
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.
7. 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.
8. 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 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.
I3. 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 R,`arranty. 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 WITNESS WHEREOF, this instrument is executed this 30 day of
Wo %fir— 52019.
GRANTOR:
Michael McCullar
By.
(Grantor's Signature)
THE STATE OF TEXAS
COUNTY OF §
This instrument was acknowledged before me on I V6fM 6e r --310 , 20& by
M (j/(4 Mr,&9. g&!f , an individual residing in �A4 County, Texas.
SALLY McDONALD
(Seal) ie NOTARY PUBLIC
* * ID# 131576267
• 'P7 State of Texas
Comm. Exp. 05-21-2022
Notary r
CITY OF SCHER TZ, TEXAS,
a Texas home -rule municipality
I.
THE STATE OF TEXAS
COUNTY OF GUADALUPE
Dr. Mark Browne, City Manager
This instrument was acknowledged before me on , 2019, by
Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality,
on behalf of said municipality.
Notary Public Signature
(seal)
I ''
LEGAL DESCRIPTION
0.107 ACRES OF LAND
10 FEET WIDE WATER EASEMENT
0.107 acres of land located in the Raphael Garza Survey Number 98, Abstract Number 175, Coma County, Texas and being a
portion of that certain 15.957 acres of land (save and except 1.337 acres) conveyed to the Board of Trustees of the Coma[
Independent School District, as described in Document Number 201206007815, Official Public Records of Comal County, Texas
and further being a portion of Lot 1, Block 1, Comal ISD Middle School 6 subdivision, according to the map or plat thereof
recorded in Document Number 201606041899, Official Public Records of Coma[ County, Texas; said 0.107 acres being more
particularly described as follows:
COMMENCING, at a found 1/2 inch iron rod located in the northeasterly right of way line of Hubertus Road and marking the
southerly end of a curve at the intersection of the northeasterly right of way line Hubertus Road with the southeasterly right
of way line of F.M. Highway 482; said rod further being located in the southwesterly line of said Lot 1, Block 1;
THENCE, South 30deg 22'00" East, along the northeasterly line of said Hubertus Road, same being the southwesterly line of
said Lot 1, Block 1, a distance of 19.45 feet, to a set 1/2 inch iron rod with "CUDE" cap, for the POINT OF BEGINNING of the said
Water Easement;
THENCE, into said Lot 1, Block 1, the following courses:
North 29deg 01' 07" East, a distance of 461.88 feet, to a set 1h inch iron rod with "CUDE" cap;
South 60deg 58'53" East, a distance of 10.00 feet, to a set 1/2 inch iron rod with "CUDE" cap;
South 29deg 01' 07" West, a distance of 467.79 feet, to a set 1/2 inch iron rod with "CUDE" cap located in the
northeasterly right of way line of said Hubertus Road, same being the southwesterly line of said Lot 1, Block;
THENCE, North 30deg 22'00" West, along the northeasterly right of way line of Hubertus Road, same being the southwesterly
line of said Lot 1, Block 1, a distance of 11.62 feet, to the POINT OF BEGINNING and containing 0.107 acres of land, more or
less.
Basis of bearings is the Texas State Plane Coordinate System, South Central Zone (4204), NAD 83 (93).
James W. Russell
Registered Professional Land Surveyor No. 4230 Of T� J
Cude Engineers
4122 Pond Hill Road, Suite 101 ; , ,
San Antonio, Texas 78231 �1AIUIE, lr�l Rl)eSL�'(
TBPLS Firm No, 10048500 4230
TBPE Firm No. 455
Job No. 02985.040 9�O,;FSS1Cf. c�
SUR�,I r !
J.W.R. \� n,-...G "'"-"
CUBE ENGINEERS 4122 POND HILL ROAD. STE 101 PHONE: (210)681 -2951 TBPE NO. 4S5
SAN ANTONIO I AUSTIN SAN ANTONIO. TEXAS 76231 CUDEENGINEERS.COM TBPLS NO. 10048500
D SO
1 nr-Arinu MAO
100'
SCALE 1' =100'
NOTES:
1. Basis of Bearings is the Texas
State Plane Coordinate System,
South Central Zone (4204), NAD
83(93).
2. A Metes and Bounds description
accompanying this Exhibit plat
of even date.
3. All corners shown hereon are
1/2" iron rods with plastic cap
stamped "CUDE" set unless
otherwise noted.
2D0'
rye/
S60 058'53 "E
o&P�� 10.00'
/Cb
/ �ti,
10' WATE R
EASEMENT
ly
0"Y Q
P.O.C. O
Q•
FOUND
1/2" IRON ROD
S30'22'00 "E
19.45'
sG
0— N30 °22'00 "W
11.62'
40'R.0.W. DEDICATION
DOC# 201606041899
LEGEND O.P.R.C.C.T.
D.P.R.C.C.T. = DEED AND PLAT RECORDS OF
COMAL COUNTY TEXAS
O.P.R.C.C.T. =OFFICIAL RECORDS OF
COMAL COUNTY TEXAS
P.O.B. = POINT OF BEGINNING
P.O.C. = POINT OF COMMENCING
0 =SET IRON ROD WITH PLASTIC
CAP STAMPLED "CUDE" ORAS NOTED
15.957ACRES
BOARD OFTRUSTEESOF
THE COMAL INDEPENDENT
SCHOOL DISTRICT
DOC #201206007815
O.P.R.CCT.
COMAL ISD M/DDLESCHOOL 6
LOTI, BLOCKI
DOC #201606041899
O.P.R.C.C.T.
„!V „RUS�C,_
i
EXHIBIT OF z
1888
CUDE ENGINEERS
0,107 ACRES OF LAND LOCATED IN THE RAPHAEL GARZA SURVEY NUMBER 98, ABSTRACT NUMBER 175,
0st'
4122 POND HILL RD. • SUITE 101
COMALCOUNTY, TEXALSAND BEINGAPDRTION OFTHATCERTAIN 15.957 ACRES OF LAND (SAVE AND
CUDE
TEL SAN ANTONIO, TEXAS 78231
210.681.2951• FAX 210.523.7112
EXCEPT 1.337 ACRES) CONVEYED TO THE BOARD OFTRUSTEES OFTHECOMAL INDEPENDENT SCHOOL c
DISTRICT, AS DESCRIBED IN DOCUMENT NUMBER 201206007815, OFFICIAL PUBLICRECORDS OFCOMAL
WWW.CUDEENGINEERS.COM
COUNTY, TEXAS AND FURTHER BEING A PORTION OFLOT 1, BLOCK 1, COMAL ISO MIDDLE SCHOOL6 c
F S
�eINEE�
TBPE FIRM #455
SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN DOCUMENT NUMBER
TBPLS FIRM f#10048500
201606041899, OFFICIAL PUBLIC RECORDS OFCOMAL COUNTY, TM, E
DATE NOVEMBER 28, 2018 JOB NO.: 02985.040 0