21-R-53 - Agreement with Developer of Homestead for Reimbursement costsRESOLUTION NO. 21 -R -53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
DEVELOPER OF THE HOMESTEAD SUBDIVISION PROJECT FOR
THE REIMBURSMENT OF COSTS ASSOCIATED WITH EASEMENT
ACQUISITION NECESSARY FOR PUBLIC IMPROVEMENTS.
WHEREAS, there is a lack of sewer service to serve an area of northern Schertz near the
intersection of IH -35 and Schwab road.
WHEREAS, the sewer forcemain improvements offsite sewer improvements are needed
to provide adequate sewer service to these areas and there is limited space to provide this public
infrastructure.
WHEREAS, the Developer of the Homestead Subdivision agrees to construct sewer
infrastructure of which the capacity is more than is required by the Homestead property,
WHEREAS, there is a benefit to oversizing sewer infrastructure to serve other properties,
WHEREAS, the Developer of the Homestead Subdivision has acquired some of the
easements necessary for construction of the sewer improvements, but has not been able acquire
them all, and
WHEREAS, the Developer of the Homestead Subdivision has requested the City assist in
acquiring the remaining easements,
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for acquisition of the easement necessary for the construction of
Public Improvement in order to provide the infrastructure to serve other properties outside the
boundary of the proposed Homestead Subdivision plat.
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 the
agreement with Developer for easement acquisition associate with construction of Public
Improvement with ILF N -T Owner, LP for infrastructure that will serve properties outside of the
Homestead Subdivision and to defer construction of public improvements, generally in the form
attached, subject to changes approved by the City Manager and City Attorney.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 28th day of September 2021.
ATTEST:
'Lill
WY Secretary, Brenda Dennis
CITY OF SCHERTZ, TEXAS
- Z44
Ma i al i utierrez
-2-
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.
WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF COMAL §
GRANT OF EASEMENT:
NOLLEY CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company,
with offices located at 300 Arcadia Court Pittsburgh, PA 15237 ( "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 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 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, by, through or under Grantor, but not otherwise.
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 sanitary sewer 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.
3. Purpose and Scope of Easement. The Easement shall be used solely for one
sanitary sewer pipeline, with the pipe measuring no more than 12 inches in
diameter, and related necessary appurtenant facilities to the sanitary sewer pipeline,
such pipeline to be buried to a minimum depth of 4 feet from the top of the pipeline
to the surface of the ground, including placement, construction, installation,
replacement, repair, maintenance, relocation, removal, and operation of one 12 inch
sanitary sewer pipeline and related necessary appurtenant facilities, to the sanitary
sewer pipeline. Above - ground appurtenances are limited to air release valves for
the sanitary sewer pipeline. The Easement shall also be used for the purpose of
providing access for the operation, repair, maintenance, and replacement of the
sanitary sewer pipeline and related necessary appurtenant facilities. After
construction of the sanitary sewer pipeline, Holder shall grade the surface of the
ground within the Easement Property and restore it to the condition in which it
existed before construction of the sanitary sewer pipeline and related necessary
appurtenances, and if Holder replaces, repairs, maintains, relocates, or removes the
sanitary sewer pipeline and /or related necessary appurtenances, Holder shall restore
Grantee's Property to the condition in which it existed before such replacement,
repair, maintenance, relocation, or removal. Holder shall have no right to fence or
enclose the Easement Property. The Easement is granted subject to other existing
easements of record at the time of this grant.
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 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, vertical structure or
obstruction on the Easement Property, but Grantor may construct streets,
driveways, drive aisles and parking facilities, together with the necessary paving,
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, which approval shall not be unreasonably withheld.
6. Temporary Construction Easement. Holder has the right (the "Temporary
Construction Easement") to use the surface of the 10 -foot wide area adjacent to the
Easement Property ( "Temporary Construction Area "), to assist in the initial
installation of the sanitary sewer pipeline, which Temporary Construction
Easement shall expire on the 180'' day after construction begins on the sanitary
sewer pipeline on the property. Holder shall 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. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8, immediately below, improvement and maintenance of the Easement
Property and the sanitary sewer pipeline and related necessary appurtenant 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, but Holder agrees that Grantor shall have the right to construct
streets, driveways and drive aisles, and parking facilities, together with the
necessary parking, on the Easement Property. Holder has the right to construct,
install, maintain, replace, and remove the sanitary sewer pipeline and related
necessary appurtenant facilities under or across any portion of the Easement
Property. Above - ground appurtenances are limited to air release valves for the
sanitary sewer pipeline. All matters concerning the sanitary sewer pipeline and
related necessary appurtenant 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. 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 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. 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, with 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.
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 WITNESS WHEREOF, this instrument is executed this day of
.2020.
GRANTOR:
NOLLEY CARIBBEAN PROPERTIES, L.L.C.,
a Wyoming limited liability company
By:
Name:
Title:
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2020, by
, as of NOLLEY
CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company, on behalf of said
company.
Notary Public Signature
(seal)
GR ANTRF -
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
M.
ATTEST:
Brenda Dennis, City Secretary
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on
home -rule municipality, on behalf of said municipality.
(seal)
, 2020, by
of the City of Schertz, Texas, a Texas
Notary Public Signature
Consent. Joinder and Subordination bN Lender
The undersigned, as of
PATE —CHEN INVESTMENTS, L.L.C., hereby joins in the execution of this Agreement to
evidence its consent and agreement to the terms and provisions hereof, and to confirm and agree
that any and all liens held by the undersigned, whether by Deed of Trust, reservation in a deed,
constitutional, contractual or otherwise, are subject and subordinate to the terms and provisions of
this wastewater easement, as the same may be amended or modified from time -to -time. Without
limiting the preceding general statement, it is agreed that the following liens are hereby
subordinated to the terms of this Wastewater Easement Agreement: Deed of Trust to secure a Note:
Grantor: Nolley Caribbean Properties, L.L. C., Trustee: Diego A. Lopez, Beneficiary: Pate -Chen
Investments L.L. C., Dated: June 13, 2017, Recorded: June 15, 2017, in County Clerk's File No.
201706029110, of the Official Public records of Comal County, Texas.
PATE —CHEN INVESTMENTS, L.L.C.
Name:
Title:
STATE OF
COUNTY OF
This instrument was acknowledged before me on the
by as
INVESTMENTS, L.L.C., on behalf of said company.
day of , 2020,
, of PATE —CHEN
Notary Public, State of Texas
My Commission Expires: , 20
EXHIBIT "A"
SKETCH OF EASEMENT PROPERTY
EXHIBIT "A" scale: 1' = 200'
THIS EXHIBIT WAS CREATED WITHOUT BENEFIT OF A TITLE
COMMITMENT AND MAY NOT SHOW ALL EASEMENTS OR
A
OTHER MATTERS MODIO THE PROPERTY AND MAY NOT
MEET CORAL COUNTY SUBDIVISION REQUIREMENTS
NOTE: BEARINGS SHOWN HEREON ARE BASED ON NAD 113
IC.TI�I ) 0N STATE E. PLANE COOROMATES, SOUTH CENTRAL
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DRAINAGE ESMT
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LAND OUT OF THE RAFAEL GARZA SURVEY NO. 96,
(5/126 -129)
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(TRACT 1) CONVEYED TO PATE CHEN INVESTMENTS, LLC BY
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DEED RECORDED IN DOCUMENT NO. 201108022679,
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OFFICIAL PUBLIC RECORDS, COMAL COUNTY, TEXAS.
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LEGAL DESCRIPTIONS PREPARED TO ACCOMPANY THIS DRAWINI,
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DAVID A LAMENTS
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1111011401011E 61 W RED INK
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DATE: =117
INTERSTATE HIGHWAY 35
COMAL COUNTY, TEXAS
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20' UTILITY EASEMENT
SH12T:
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
River City Engineering
1011 W. County Line Road ' NEW BRAUNFELS, TX. 78130
PHONE (830) 625-0337 FAX (830) 625 -0858
dlamberts@rcehLcom
Firm Regishation 410193949
VARIABLE WIDTH UTILITY EASEMENT
EXHIBIT "B"
Being a 0.517 of an acre (22,518 square feet) parcel of land out of the Rafael Garza
Survey No. 98, Abstract No. 175, Comal County, Texas, further being out of the residue
of that certain called 80.47 sere parcel (Tract 1) conveyed to Pate Chen Investments, LLC
by deed recorded in Document No. 201106022679 of the Official Public Records of
Comal County, Texas; Said 0.517 of art acre parcel being more particularly described by
metes and bounds as follows with all bearings called for herein based on the Texas
Coordinate System as established from the North American Datum of 1983 (CORS96)
for the South Central Zone:
COM11ENCING at a V. inch rebar set (capped "RPLS 490T') on the southeasterly right -
of -way line of Interstate Highway 35 for the most northerly corner of said residue of said
80.47 acre parcel, same being the most westerly corner of that certain called 0.0480 of an
acre parcel conveyed to Lennar Corporation (U.S. Home Corporation) by deed recorded
in Volume 535, Page 16 of said Official Public Records;
THENCE departing said right -of -way line and with the common line of said residue of
said 80.47 acre parcel with said 0.0480 of an acre parcel; South 83 deg 58' 35" East, a
distance of 26.81 feet to a point on the southeasterly line of an existing 16' wide sanitary
sewer easement recorded in Volume 531, Page 835 of said Official Public Records;
THENCE with the southeasterly line of said 16' sanitary sewer easement, South 59 deg
23' 02" West, a distance of 678.98 feet to a point for a the northeasterly comer and
POINT OF 13EGNN NG of this parcel;
THENCE into said residue of said 80.47 acre parcel, South 37 deg 07' 21" West, a
distance of 235.70 feet to a point for angle;
THENCE South 20 deg 07' S6" West, a distance of 160.61 feet to a point for angle;
THENCE South 11 deg 08' 02" West, a distance of 54.06 feet to a point for angle;
THENCE South 11 deg 02' 25" West; a distance of 66.49 feet to a point for angle;
THENCE South 33 deg 36' 48" West, a distance of 47.41 feet to a point for angle;
Page 1 of 2
EXHIBIT `B"
VARIABLE WIDTH UTILITY EASEMENT
(cons)
THENCE South 10 deg 26' 59" West, a distance of 350.01 feet to a point on the common
line of said residue of said 80.47 acre parcel with that certain called 3.4096 acre parcel
conveyed to Guadalupe- Blanco River Authority by deed recorded in Volume 259, Page
126 of the Deed Records of Comal County, Texas for the southeasterly corner of this
parcel;
THENCE with said common line, North 23 deg 39' 40" East, a distance of 35.66 feet to a
point for the southwesterly comer of this parcel;
THENCE crossing said residue of said 80.47 acre parcel, North 10 deg 26' 59" East, a
distance of 324.58 feet to a point for angle;
THENCE North 33 deg 36' 48" East, a distance of 47.52 feet to a point for angle;
THENCE North 11 deg 02' 25" East, a distance of 62.52 feet to a point for angle;
THENCE North 11 deg 08' 02" East, a distance of 55.65 feet to a point for angle;
THENCE North 13 deg 21' 17" East, a distance of 118.81 feet to a point for angle;
THENCE North 25 deg 54' 37" East, a distance of 164.83 feet to a point on the
southeasterly line of the aforementioned 16' sanitary sewer easement for the
northwesterly corner of this parcel;
THENCE with said southeasterly line of said easement, North 59 deg 23' 02" East, a
distance of 13639 feet to the POINT OF BEGINNING and containing 0.517 of an acre
(22,518 square feet) of land.
Q�L� "I C)+-6G-fl
David A. Lamberts R.P.L,S. No. 4907
J.O. No. 6097- 02 -P7B
(Drawing prepared to accompany this description)
Pep 2 of 2
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.
WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF COMAL
GRANT OF EASEMENT:
NOLLEY CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company,
with offices located at 300 Arcadia Court Pittsburgh, PA 15237 ( "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 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 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, by, through or under Grantor, but not otherwise.
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 sanitary sewer 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.
3. Purpose and Scope of Easement. The Easement shall be used solely for one
sanitary sewer pipeline, with the pipe measuring no more than 12 inches in
diameter, and related necessary appurtenant facilities to the sanitary sewer pipeline,
such pipeline to be buried to a minimum depth of 4 feet from the top of the pipeline
to the surface of the ground, including placement, construction, installation,
replacement, repair, maintenance, relocation, removal, and operation of one 12 inch
sanitary sewer pipeline and related necessary appurtenant facilities, to the sanitary
sewer pipeline. Above - ground appurtenances are limited to air release valves for
the sanitary sewer pipeline. The Easement shall also be used for the purpose of
providing access for the operation, repair, maintenance, and replacement of the
sanitary sewer pipeline and related necessary appurtenant facilities. After
construction of the sanitary sewer pipeline, Holder shall grade the surface of the
ground within the Easement Property and restore it to the condition in which it
existed before construction of the sanitary sewer pipeline and related necessary
appurtenances, and if Holder replaces, repairs, maintains, relocates, or removes the
sanitary sewer pipeline and/or related necessary appurtenances, Holder shall restore
Grantee's Property to the condition in which it existed before such replacement,
repair, maintenance, relocation, or removal. Holder shall have no right to fence or
enclose the Easement Property. The Easement is granted subject to other existing
easements of record at the time of this grant.
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 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, vertical structure or
obstruction on the Easement Property, but Grantor may construct streets,
driveways, drive aisles and parking facilities, together with the necessary paving,
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, which approval shall not be unreasonably withheld.
6. Temporary Construction Easement. Holder has the right (the "Temporary
Construction Easement ") to use the surface of the 10 -foot wide area adjacent to the
Easement Property ( "Temporary Construction Area "), to assist in the initial
installation of the sanitary sewer pipeline, which Temporary Construction
Easement shall expire on the 180t' day after construction begins on the sanitary
sewer pipeline on the property. Holder shall 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. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8, immediately below, improvement and maintenance of the Easement
Property and the sanitary sewer pipeline and related necessary appurtenant 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, but Holder agrees that Grantor shall have the right to construct
streets, driveways and drive aisles, and parking facilities, together with the
necessary parking, on the Easement Property. Holder has the right to construct,
install, maintain, replace, and remove the sanitary sewer pipeline and related
necessary appurtenant facilities under or across any portion of the Easement
Property. Above -ground appurtenances are limited to air release valves for the
sanitary sewer pipeline. All matters concerning the sanitary sewer pipeline and
related necessary appurtenant 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. 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 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. 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, with 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.
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 WITNESS WHEREOF, this instrument is executed this day of
.2020.
GRANTOR:
NOLLEY CARIBBEAN PROPERTIES, L.L.C.,
a Wyoming limited liability company
By:
Name:
Title:
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2020, by
as of NOLLEY
CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company, on behalf of said
company.
Notary Public Signature
(seal)
GRANTER:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
ATTEST:
Brenda Dennis, City Secretary
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on , 2020, by
of the City of Schertz, Texas, a Texas
home -rule municipality, on behalf of said municipality.
Notary Public Signature
(seal)
Consent. Joinder and Subordination bN' Lender
The undersigned, _ as of
PATE -CHEN INVESTMENTS, L.L.C., hereby joins in the execution of this Agreement to
evidence its consent and agreement to the terms and provisions hereof, and to confirm and agree
that any and all liens held by the undersigned, whether by Deed of Trust, reservation in a deed,
constitutional, contractual or otherwise, are subject and subordinate to the terms and provisions of
this wastewater easement, as the same may be amended or modified from time -to -time. Without
limiting the preceding general statement, it is agreed that the following liens are hereby
subordinated to the terms of this Wastewater Easement Agreement: Deed of Trust to secure a Note:
Grantor: Nolley Caribbean Properties, L.L.C., Trustee: Diego A. Lopez, Beneficiary: Pate -Chen
Investments L.L.C., Dated: June 13, 2017, Recorded: June 15, 2017, in County Clerk's File No.
201706029110, of the Official Public records of Comal County, Texas.
PATE -CHEN INVESTMENTS, L.L.C.,
Mot
Name:
Title:
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of
by , as
INVESTMENTS, L.L.C., on behalf of said company.
2020,
of PATE -CHEN
Notary Public, State of Texas
My Commission Expires: , 20
EXHIBIT "A"
SKETCH OF EASEMENT PROPERTY
EXHIBIT °AM
THIS EXHIBIT WAS CREATED WITHOUT BENEFIT OF A TITLE
COMMITMENT AND MAY NOT SHOW ALL EASEMENTS OR
OTHER NATTERS AFFE06NG THE PROPERTY AND MAY NOT
MEET COMAL COUNTY SUBDIVISION REOUIREMENIS
NOTE: BEARINGS SHOWN HEREON ARE BASED ON HAD 83
=N1 STATE PLANE COORDINATES, SOUTH CENTRAL
Z.
LEGEND-
POD POINT OF COMMENCEMENT
POD POINT OF B£DR1NN0
C3 FOWiD TImOI 1101eDmIf
--�— 8ET 1/7' RE91R (GAFF® 71P13 4@D%7
Scale: i' = 200'
L2 1 GO�PAp p �e
EN pp6591 �p�1Q ,,g� ��r UTILITY ESIIR
\ 6p6 S \p�5 G �yQy • /mil (0.013 ACRE)
43 pOpC+ "e,9�G 1pr°pp9 �p� pCt\t
\p� � O�S PATE CHERE INVESTMENTS.
OF �
EXISTING 16'
SAN. SWR. ESMT
(5/128 -129)
DAVID A IAMIMATS
REQUITT ED PROFEM61ML LAND SURYEIOR
P 49M
TONS REMBIRATTON NO.
6DNIT13lw6 N " 01110ML
JOB I @M--02 -"
DATE: 121N7
RIVER CITYD ,
ADI„N. TERM 76 - 7
F,,NG4INEERING loll � ,a XR :D. m
GV6, EOVDOIQIM16@�DI1d 12L- lBD = 1 - -T"A" 11
80.47 Al., (TRACT 1)
DOC# 201106022679
UNETABLE
mm I EXISTING EFFLUENT
PIPE/POND 4 ESMT
(264/514)
L8E@
DIRECTION
O' TEMPORARY
EXISTING 16'
\ SAN. SWR. ESMT
CONSTRUCTIO
(5/128 -129)
EASEM / — = _ -�
982'BB7SE
1�
L11
810`27W1V
0
L2
SWIB46'W
EXISTING 1
DRNNAGE MT
L12
(5/128 -129)
38.87
L6
SW IV46W
16.60
DAVID A IAMIMATS
REQUITT ED PROFEM61ML LAND SURYEIOR
P 49M
TONS REMBIRATTON NO.
6DNIT13lw6 N " 01110ML
JOB I @M--02 -"
DATE: 121N7
RIVER CITYD ,
ADI„N. TERM 76 - 7
F,,NG4INEERING loll � ,a XR :D. m
GV6, EOVDOIQIM16@�DI1d 12L- lBD = 1 - -T"A" 11
80.47 Al., (TRACT 1)
DOC# 201106022679
UNETABLE
LINE TABLE
L8E@
DIRECTION
LENIM
U E@
DICTION
LL94QTN
L7
982'BB7SE
um
L11
810`27W1V
760.01'
L2
SWIB46'W
@.17
L12
N231374PW
38.87
L6
SW IV46W
16.60
L13
N10'2666'E
32440'
14
N76'44'141N
21.78'
L14
N677746E
47.6?
L5
NW2vam
26r1R
I LIS
N111'0226E
62.62'
13
67E'07'2vw
286.76'
LM
Ntt'08b2'E
661@
L7
820VTSM
180:61'
L77
N/T21Y71
116x1'
Le
811EFIRM
54A7
L76
N26'6477'E
10437
L2
611'Q44VW
O&W
L1@
N67R6@'E
18877
L10
663*3F4FW
47A1'
L70
.686'88981
26.01'
TWO VARIABLE WIDTH UTILITY EASEMENTS
BEING A 0.013 OF AN ACRE (550 SQUARE FEET) AND A
0.517 OF AN ACRE (22,518 SQUARE FEET) PARCEL OF
LAND OUT OF THE RAFAEL GARZA SURVEY NO. 98,
ABSTRACT NO. 175, COMAL COUNTY, TEXAS, FURTHER BEING
OUT OF THE RESIDUE OF THE 80.47 ACRES OF LAND
(TRACT 1) CONVEYED TO PATE CHEN INVESTMENTS, LLC BY
DEED RECORDED IN DOCUMENT NO. 201106022679,
OFFICIAL PUBLIC RECORDS, COMAL COUNTY, TEXAS.
LEGAL DESCRIPTIONS PREPARED TO ACCOMPANY THIS DRAWIN
4
INTERSTATE HIGHWAY 35
COMAL COUNTY, TEXAS
20' UTILITY EASEMENT
SHEET: 1 OF 1
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
River City Engineering
1011 W. County Line Road * NEW BRAUNFEL% TX. 78130
PHONE (830) 625.0337 FAX (830) 6254M
dlamberhorcetLcom
Firm Registration #10I93949
VARIABLE WIDTH UTILITY EASEMENT
EXHIBIT "B"
Being a 0.013 of an acre (550 square feet) parcel of land out of the Rafael Garza Survey
No. 98, Abstract No. 175, Comal County, Texas, further being out of the residue of that
certain called 80.47 acre parcel (Tract 1) conveyed to Pate Chen Investments, LLC by
deed recorded in Document No. 201106022679 of the Official Public Records of Comal
County, Texas; Said 0.013 of an acre parcel being more particularly described by metes
and bounds as follows with all bearings called for herein based on the Texas Coordinate
System as established from the North American Datum of 1983 (CORS96) for the South
Central Zone:
COMMENCING at a'h inch rebar set (capped "RPLS 4907) on the southeasterly right -
of-way line of Interstate Highway 35 for the most northerly corner of said residue of said
80.47 acre parcel, same being the most westerly corner of that certain called 0.0480 of an
acre parcel conveyed to Lennar Corporation (U.S. Home Corporation) by deed recorded
in Volume 535, Page 16 of said Official Public Records;
THENCE departing said right -of - -way line and with the common line of said residue of
said 80.47 acre parcel with said 0.0480 of an acre parcel, South 83 deg 58' 35" East, a
distance of 26.81 feet to a point on the southeasterly line of an existing 16' wide sanitary
sewer easement recorded in Volume 531, Page 835 of said Official Public Records for
the most northerly comer and POINT OF BEGINNING of this parcel;
THENCE continuing with said common line, South 83 deg 58' 35" East, a distance of
22.99 feet to a point for a comer of this parcel;
THENCE into said residue of said 80.47 acre parcel, South 14 deg 15' 46" West, a
distance of 8.19 fleet to a point for angle;
THENCE South 59 deg 15' 46" West, a distance of 19.88 feet to a point for the most
southerly comer of this parcel;
THENCE North 75 deg 44' 14" West, a distance of 27.73 feet to a point on the
southeasterly line of the aforementioned 16' sanitary sewer easement for the most
westerly corner of this parcel;
Page 1 of 2
EJH[B1T "B"
VARIABLE WIDTH UTIIdTY EASEMENT
(cont.)
THENCE with said southeasterly line of said easement, North 59 deg 23' 02" East, a
distance of 26.86 feet to the POINT OF BEGINNING and containing 0.013 of an acre
(550 square feet) of land.
Cps V4,— 0 +-j 6 -11
David A. Lamberts RP.L.._ . No. 4907
J.O. No. 6097- 02 -P7A
(Drawing prepared to accompany this description)
Page 2 of 2
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.
WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF COMAL §
GRANT OF EASEMENT:
NOLLEY CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company,
with offices located at 300 Arcadia Court Pittsburgh, PA 15237 ( "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 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 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, by, through or under Grantor, but not otherwise.
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 sanitary sewer 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.
3. Purpose and Scope of Easement. The Easement shall be used solely for one
sanitary sewer pipeline, with the pipe measuring no more than 12 inches in
diameter, and related necessary appurtenant facilities to the sanitary sewer pipeline,
such pipeline to be buried to a minimum depth of 4 feet from the top of the pipeline
to the surface of the ground, including placement, construction, installation,
replacement, repair, maintenance, relocation, removal, and operation of one 12 inch
sanitary sewer pipeline and related necessary appurtenant facilities, to the sanitary
sewer pipeline. Above - ground appurtenances are limited to air release valves for
the sanitary sewer pipeline. The Easement shall also be used for the purpose of
providing access for the operation, repair, maintenance, and replacement of the
sanitary sewer pipeline and related necessary appurtenant facilities. After
construction of the sanitary sewer pipeline, Holder shall grade the surface of the
ground within the Easement Property and restore it to the condition in which it
existed before construction of the sanitary sewer pipeline and related necessary
appurtenances, and if Holder replaces, repairs, maintains, relocates, or removes the
sanitary sewer pipeline and /or related necessary appurtenances, Holder shall restore
Grantee's Property to the condition in which it existed before such replacement,
repair, maintenance, relocation, or removal. Holder shall have no right to fence or
enclose the Easement Property. The Easement is granted subject to other existing
easements of record at the time of this grant.
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 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, vertical structure or
obstruction on the Easement Property, but Grantor may construct 'streets,
driveways, drive aisles and parking facilities, together with the necessary paving,
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, which approval shall not be unreasonably withheld.
6. Temporary Construction, Easement. Holder has the right (the "Temporary
Construction Easement ") to use the surface of the 10 -foot wide area adjacent to the
Easement Property ( "Temporary Construction Area "), to assist in the initial
installation of the sanitary sewer pipeline, which Temporary Construction
Easement shall expire on the 180' day after construction begins on the sanitary
sewer pipeline on the property. Holder shall 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. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8, immediately below, improvement and maintenance of the Easement
Property and the sanitary sewer pipeline and related necessary appurtenant 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, but Holder agrees that Grantor shall have the right to construct
streets, driveways and drive aisles, and parking facilities, together with the
necessary parking, on the Easement Property. Holder has the right to construct,
install, maintain, replace, and remove the sanitary sewer pipeline and related
necessary appurtenant facilities under or across any portion of the Easement
Property. Above - ground appurtenances are limited to air release valves for the
sanitary sewer pipeline. All matters concerning the sanitary sewer pipeline and
related necessary appurtenant 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. 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 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. 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, with 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.
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 parry to
be charged.
IN WITNESS WHEREOF, this instrument is executed this day of
52020.
GRANTOR:
NOLLEY CARIBBEAN PROPERTIES, L.L.C.,
a Wyoming limited liability company
By:
Name:
Title:
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2020, by
, as of NOLLEY
CARIBBEAN PROPERTIES, L.L.C., a Wyoming limited liability company, on behalf of said
company.
Notary Public Signature
(seal)
ref"I ON I Dix
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
LE
ATTEST:
Brenda Dennis, City Secretary
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on 2020, by
of the City of Schertz, Texas, a Texas
home -rule municipality, on behalf of said municipality.
Notary Public Signature
(seal)
The undersigned,
Consent, Joinder and Subordination bv Lender
as
of
PATE -CHEN INVESTMENTS, L.L.C., hereby joins in the execution of this Agreement to
evidence its consent and agreement to the terms and provisions hereof, and to confirm and agree
that any and all liens held by the undersigned, whether by Deed of Trust, reservation in a deed,
constitutional, contractual or otherwise, are subject and subordinate to the terms and provisions of
this wastewater easement, as the same may be amended or modified from time -to -time. Without
limiting the preceding general statement, it is agreed that the following liens are hereby
subordinated to the terms of this Wastewater Easement Agreement: Deed of Trust to secure a Note:
Grantor: Nolley Caribbean Properties, L.L.C., Trustee: Diego A. Lopez, Beneficiary: Pate -Chen
Investments L.L.C., Dated: June 13, 2017, Recorded: June 15, 2017, in County Clerk's File No.
201706029110, of the Official Public records of Comal County, Texas.
PATE -CHEN INVESTMENTS, L.L.C.,
By:
Name:
Title:
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of
by , as
INVESTMENTS, L.L.C., on behalf of said company,
, 2020,
of PATE -CHEN
Notary Public, State of Texas
My Commission Expires: , 20
EXHIBIT "A"
SKETCH OF EASEMENT PROPERTY
THIS EXHIBIT WAS CRE43M WINMNR BENEFIT OF A TIT E
COMMENT AND MAY NOT SHOW ALT. EASEMENTS OR
OTHER MATTERS AFFECBNG THE PROPERTY AND MY NOT
MEET CO" COUNTY SUBDIVISION REOIBREMENTS
NOTE: BEARINGS SHOWN HEREON ARE BASED ON NO 83
(COMB) STATE PLANE COORDINATES, SOUTH CENTRAL
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EXHIBIT "A"
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BEING A 0.111 OF AN ACRE (4,814 SQUARE FEET)
PARCEL OF LAND OUT OF THE RAFAEL GARZA SURVEY
NO. 98, ABSTRACT NO. 175, COMAL COUNTY, TEXAS,
FURTHER BEING OUT OF THAT CERTAIN 27.84 ACRES OF
LAND (TRACT 2) CONVEYED TO PATE CHEN INVESTMENTS,
LLC BY DEED RECORDED IN DOCUMENT NO.
201106022579, OFFICIAL PUBLIC RECORDS, COMAL
2
�1 W—
COUNTY, TEXAS,
7S
LEGAL DESCRIPTION PREPARED TO ACCOMPANY THIS DRAWING
DAVID A. LAM2TEF M
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INTERSTATE HIGHWAY 35
COMAL COUNTY, TEXAS
20' UTILITY EASEMENT
SHEET: 1 OF 1
EXHIBIT `B"
LEGAL DESCRIPTION OF EASEMENT PROPERTY
River City Engineering
1011 W. County Line Road * NEW BRAUNFEL % TX. 78130
PHONE (830) 625 -0337 FAX (830) 625-0868
diamberb@rcetx.com
Firm Registration #10193949
20' UTILITY EASEMENT
EXHIBIT `B"
Being a 0.111 of an acre (4,814 square feet) parcel of land out of the Rafael Garza Survey
No. 98, Abstract No. 175, Comal County, Texas, further being out of the residue of that
certain called 27.84 acre parcel (Tract 2) conveyed to Pate Chen Investments, LLC by
deed recorded in Document No. 201106022679 of the Official Public Records of Comal
County, Texas; Said 0.111 of an acre parcel being more particularly described by metes
and bounds as follows with all bearings called for herein based an the Texas Coordinate
System as established from the North American Datum of 1983 (CORS96) for the South
Central Zone:
BEGINNING at a TXDOT monument found on the southeasterly right -of -way line of
Interstate Highway 35 for the most westerly comer and POINT OF BEGINNING of this
parcel, same being the most westerly comer of said residue of said 27.84 acre parcel and
the most northerly comer of the residue of that certain called 8.258 acre parcel conveyed
to Schertz Commercial Park, L.P. by deed recorded in Document No. 200706031428 of
said Official Public Records;
THENCE with said right -of -way line, the following two (2) courses:
1). North 66 deg 04' 13" East, a distance of 27.64 feet to a TXDOT monument found for
angle;
2). North 59 deg 49' 23" East, a distance of 185.99 feet to a %: inch rebar found for the
most northerly comer of this parcel, same being the most northerly comer of said residue
of said 27.84 acre parcel and the most westerly comer of that certain called 4.53 acre
parcel conveyed to the City of Schertz by deed recorded in Document No. 200906043951
of said Official Public Records;
THENCE departing said right -of -way line and with the common line of said residue of
said 27.84 acre parcel with said 4.53 acre parcel, South 82 deg 21' 45" East, a distance of
32.18 feet to a point for the most easterly comer of this parcel;
THENCE with a line 20.00 feet from and parallel to said right -of -way line of Interstate
Highway 35, the following three (3) courses:
1). South 59 deg 45' 00" West, a distance of 212.50 feet to a point for angle;
2). South 66 deg 04' 13" West, a distance of 28.76 feet to a point for angle;
3) South 66 deg 14' 23" West, a distance of 29.04 feet to a point on the common line of
said residue of said 27.84 acre parcel with the residue of said 8.258 acre parcel for the
most southerly corner of this parcel;
Page 1 of 2
EIEO[BPf "B"
20' UTILITY EASEMENT
(COAL)
THENCE with said common line, North 31 deg 39' 18" East, a distance of 35.23 feet to
the POINT OF BEGINNING and containing 0.111 of an acre (4,814 square feet) of land.
David A. Lamberts R.P.L.S. No. 4907
J.O. No. 6097-02 -P2
(Drawing prepared to accompany this description)
Page 2 of 2