21-R-100 - Trail Easement Agreement with Cibolo Valley Baptist Church seg Great Northern TrailWHEREAS, city staff has planned the Great Northern Trail to follow the high-line utility
,tasement from Schertz Parkway north to the Cypress Point neighborhood; and
WHEREAS, city staff has identified easements needed across private property to create
connections between existing trail sections and future trail sections; and
VMEREAS, city staff has determined a trail easement is needed across property owned
by Cibolo Valley Baptist Church to build a connecting section of trail to future FM 1103
pedestrian improvements.
Section 1. The City Council hereby authorizes a trail easement agreement wi
Cibolo Valley Baptist Church for a section of the Great Northern Trail (in attached Exhibit A.) i
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 wilill
any provision of this Resolution are hereby repealed to the extent of such conflict, and t
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
111 � 1 131111TIM I
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 whiM,
this Resolution is adopted was open to the public and public notice ♦ the time, place, and subje I
matter of the public business to be considered at such meeting, including this Resolution, w1i
given, all as required by Chapter 5 5 1, Texas Govermnent Code, as amended.
TES;
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4
Brenda Dennis, City Secretary
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50234811.1 A -1
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT CIBOLO VALLEY BAPTIST CHURCH, a
(the "Grantor "), for and in consideration of the sum of Ten and No /100
Dollars ($10.00), the benefits which will accrue to the Grantor and to the public generally, and
other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas
municipal corporation (the "Grantee "), the receipt and sufficiency of which are hereby
acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto the Grantee, its successors and assigns , subject to the terms hereof,
a permanent easement and right -of. -way upon, across, and beneath real property located in
Guadalupe County, Texas, as more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes (the "Easement "), and being a 0376 -acre portion of that
tract of land of the Grantor more particularly described as being a portion of LOT 1, CIBOLO
VALLEY BAPTIST CHURCH, as platted in Volume 7, Page 253, Map and Plat Records of
Guadalupe County, Texas, being the same as a called 10.00 acre tract described in a deed to the
Cibolo Valley Baptist Church, recorded in Volume 754, Page 805, of the Official :Public Records
of Guadalupe County, Texas (the "Premises "). The Easement is granted for the purpose of
constructing, operating, maintaining, and repairing a trail (the "Trail "), together with free and
unrestricted public pedestrian ingress and egress in, upon, and over the Easement.
The Easement herein granted is subject to the following terms, agreements, reservations,
conditions, covenants, limitations, and exceptions:
(1) The Easement herein granted shall be located across a 30 -foot width strip of land
per the attached Exhibit A and shall be perpetual until the earlier to occur of
(a) the permanent and affirmative abandonment of the use of the Easement by the
Grantee, its successors or assigns, or (b) the execution and recordation in the
Official Public Records of Guadalupe County, Texas, of an instrument by which
the Grantee, or its successors or assigns, as applicable, abandons and releases the
Easement.
(2) Neither the Grantor nor any successor owner of the Premises shall disturb, or
otherwise interfere with the continued use of the Trail, nor shall any such persons
erect or permit the erection of any buildings, slabs, structures, or other
improvement within the boundaries of the Easement, or which would otherwise
interfere with the Trail's continued use and maintenance. With respect to any
buildings, slabs, structures, or other improvements encroaching on the Easement
as of the date of this Agreement, the Grantee shall have the right to remove such
building, slab, structure, or improvement to allow for the construction, operation,
maintenance, or repair of the Trail. To the extent that construction of the Trail
results in the removal of brush from the Easement, the Grantee shall arrange for
the disposal of the brush at the Grantee's sole cost and expense. Grantor shall
remain responsible for the maintenance of the unimproved portions of the
Easement. Should Grantor fail to maintain the easement, Grantee shall have the
right to do so if in the Grantee's sole judgement, the maintenance is required to
safely use the Trail.
(3) The Easement herein granted shall run with the land and be binding upon and
inure to the benefit of the Grantor and the Grantee, and their respective
successors, assigns, and legal representatives, and shall be binding upon all parties
having or acquiring any right, title or interest in the Premises or any portion
thereof.
(4) Should it become necessary at any time subsequent to completion to the
construction of the Trail for the Grantee to enter the Grantor's Premises for the
purpose of maintaining, repairing, operation, or altering the Trail in any way, the
Grantee shall, after each entry upon the Premises, leave the Premises substantially
in the same condition that it was in prior to such entry to the full extent reasonably
practicable. if any repair or replacement activities become necessary as a result of
the acts, omissions, or negligence of the owner or owners of the Premises or any
of their tenants, or any of such persons' respective agents, employees, licensees,
or invitees, then such owner or owners shall be responsible for promptly
performing, at their sole cost and expenses, all necessary repairs, and, if they fail
to do so, the Grantee (or its successors or assigns, as applicable) shall be entitled
to do so and to recover all reasonable costs therefore from the owner or owners
(jointly and severally) of the Premises.
(5) The Easement is further made subject to all validly existing easements, rights -of.-
way, conditions, restrictions, covenants, or outstanding mineral or royalty
interests or reservations, of record, if any, in Guadalupe County, Texas as of the
date hereof.
(6) The Grantee may exercise its rights hereunder directly by its employees or by its
contractors or any duly authorized agent.
(7) Grantor further grants Grantee, during the initial construction of the trail, the
temporary right to use a temporary work area ( "Construction Easement ") across,
along, under, over, upon, and through that certain tract of land located adjacent to
the Easement, as more particularly described in Exhibit "B" attached hereto.
TO HAVE AND TO HOLD said Easement together with all and singular the rights and
appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the
Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever
defend the Easement unto the Grantee, its successors and assigns, against every person
M
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the
Grantor, but not otherwise, subject, however, to the matters set forth herein.
Executed to be effective as of _, 2021 (the "Effective Date ").
[signatures and acknowledgements on the following pages]
-3-
This instrument has been executed as of the dates of the acknowledgments to be effective
as of the Effective Date.
By:
Name:
Title:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the
2021 by as
on behalf of such
(SEAL)
day of ,
of
Notary Public in and for
The State of
My Commission. Expires:
M
GRANTEE:
CITY OF SCHERTZ
Mark Browne
City Manager, City of Schertz
THE STATE OF TEXAS
This instrument was acknowledged before me on the day of , 2021 by
Mark Browne, as City Manager of the City of Schertz, on behalf of such City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
-5-
EXHIBIT A
Trail Easement
FEW
i
FIELD NOTES DESCRIPTION
30 FOOT WIDE TRAIL EASEMENT
0.376 Acre 'Tract
An 0.376 of an acre tract of land, for a 30 foot wide trail easement, situated in the Rafael
Garza Survey, Abstract No. 138, City of Schertz, Guadalupe County, Texas, being a portion
of LOT 1, CIBOLO VALLEY BAPTIST CHURCH, as platted in Volume 7, Page 253, Map
and Plat Records of Guadalupe County, Texas, being the same as a called 10.00 acre tract
described in a deed to the Cibolo Valley Baptist Church, recorded in Volume 754, Page 805,
Deed Records of Guadalupe County, Texas; said 0.376 acre tract being more particularly
described as follows:
BEGINNING at a point in the northeast line of LOT 1, of said CIBOLO VALLEY BAPTIST
CHURH, being also the southwest right -of -way line of Farm -to- Market Road No. 1103
(80' ROW), at the north corner of a Comal County Power 100 foot wide electric easement,
recorded in Volume 1452, Page 298, Deed Records of Guadalupe County, Texas, for the north
corner hereof, from which a 1/2 inch iron rod set, with a plastic cap marked "FORD ENG
INC ", at the north corner of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, bears
North 30° 34' 55" West (record North 30° 38' 24" West) a distance of 482.65 feet;
THENCE South 300 3' 55" East (record South 30° 38' 24" East) along the northeast line
of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right -
of- -way line of Farm -to- Market Road No. 1103, a distance of 30.18 feet to point for the east
corner hereof, from which a 1/2 inch iron rod set at the east corner of LOT 1 of said CIBOLO
VALLEY BAPTIST CHURCH, bears North 30° 34' 55" West (record North 30° 38' 24"
West) a distance of 288.29 feet;
THENCE leaving the northeast boundary line and crossing through LOT 1 of said CIBOLO
VALLEY BAPTIST CHURCH, South 530 05' 01" West, a distance of 546.12 feet to a point
in the southwest line of LOT 1 of said CIBOLO VALLEY BAPTIST CHURCH, being also
the northeast line of the 100 foot wide electric easement as shown in RIATA, UNIT 38, as
platted in Volume 7, Page 309, Map and Plat Records of Guadalupe County, Texas, for the
south corner hereof, from which a 1/2 inch iron rod found at the south corner of LOT 1 of said
CIBOLO VALLEY BAPTIST CHURCH, bears South 30° 41' 42" East (record South 30°
45' 11" East), a distance of 2288.84 feet;
inch iron rod found at the cast comer of LOT 57,of said RIATA, UNIT 3B, for the west
comer hereof, from which a 1/2 inch iron rod found at the west comer of LOT I of said
CIBOLO VALLEY BAPTIST CHURCH, bears North 30' 41' 42" West (record North 30'
45' 11" West) a distance of 543.50 feet;
THENCE leaving the southwest line and crossing through LOT 1 of said CIBOLO VALLEY
BAPTIST CHURCH, along the northwest line of the 100 foot wide electric easement,
North 53105' 0111 East, a distance of 546.17 feet to a point in the northeast line of LOT 1
of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right-of-way line
of Farm-to-Market Road No. 1103, at the north comer of the 100 foot wide electric easement,
for the north comer hereof, fi-om, which a 1/2 inch iron rod found at the north corner of LOT 1
of said CIBOLO VALLEY BAPTIST CHURCH, bears North 30' 34' 55" West (record North
30' 38' 24" West) a distance of 482.65 feet to the POINT OF BEGINNING and containing
0.376 acres of land.
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10927 WYE DRIVE SUITE 104 SAN ANT0NI0,'rX 78217 P. (210) 590-4777 F. (210) 590-4940
1-800-332-3109 wNyw.fordengineering.com TBPE No. F-1162 J'BPLS No. 1001 00
2
\ NOTES:
Q ALL SET PINS ARE 1/2" REBAR WITH A YELLOW
PLASTIC CAP STAMPED "FORD ENG. INC."
\ \ QO FOUND PINS ARE 1/2" REBAR
\ \ UNLESS OTHERWISE NOTED.
\ ORRPGCT = OFFICIAL RECORDS, OF REAL PROPERTY
GUADALUPE COUNTY, TEXAS.
DRGCT = DEED RECORDS, GUADALUPE COUNTY,
\ \ \ �p0".�� -o TEXAS.
\ MPRGCT = MAP PLAT RECORDS, GUADALUPE COUNTY,
\ o O °�p��'0 TEXAS.
\ <��� c'�,� oFF.L`n�p� BEARINGS ARE BASED ON THE TEXAS STATE PLANE
0 o J COORDINATE SYSTEM, NORTH AMERICAN DATUM OF
Q0 cP < <� 1983/93, SOUTH CENTRAL ZONE.
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IRF
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(9.997 Acres Tract)
a� CIBOLO VALLEY BAPTIST CHURCH
VOL. 7, PG. 253
MPRGCT ����`/ �6��� / x �s
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RIATA, UNIT 3B
VOL. 7, PG. 309 N 30 °41'42" W IRF
MPRGCT 30.18'
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•ROBERT W. ® VOL. 8, PG, 156
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ROBERT W. JOHNSTON R.P.L.S. No. 5579 O
DATE: JUNE 04, 2021
PROJECT No.: 1124.9410
DRAWN BY:EL
PLAT SHOWING: 30' TRAIL EASEMENT, BEING OUT FORD ENGINEERING INC.
OF LOT 1, CIBOLO VALLEY BAPTIST CHURCH
PLAT, RECORDED IN VOLUME 7, PAGE 253, MAP ENGINEERING SURVEYING PLANNING
AND PLAT RECORDS, GUADALUPE COUNTY, TEXAS 10927 WYE DRIVE, STE 104, SAN ANTONIO, TEXAS 78217
P,(210) 590 -4777 YA F.(210- 590 -4940)
TBPE No. F -1162 )K WWW.FORDENGINEERING.COM )K TBPLS No. 10018400
EXHIBIT B
Construction Easement
FEW
An 0.251 of an acre tract of land, for a 20 foot wide construction easement, situated in the
Rafael Garza Survey, Abstract No. 138, City of Schertz, Guadalupe County, Texas, being a
portion of LOT 1, CIBOLO VALLEY BAPTIST CHURCH, as platted in Volume 7, Page
253, Map and Plat Records of Guadalupe County, Texas, being the same as a the called 10.00
acre tract described in a deed to the Cibolo Valley Baptist Church, recorded in Volume 754,
Page 805, Deed Records of Guadalupe County, Texas; said 0.251 acre tract being more
particularly described as follows:
BEGINNING at a point in the northeast line of LOT 1, of said CIBOLO VALLEY BAPTIST
CHURN, being also the southwest right-of-way line of Farm -to- Market Road No. 1103
(80' ROW), for the east corner hereof, fiom which a 1/2 inch iron rod set, with a plastic cap
marked "FORD ENG INC ", at the east corner of LOT 1 of said CIBOLO VALLEY BAPTIST
CHURCH, bears North 30° 34' 55" West (record North 30° 38' 24" West) a distance of
462.53 feet;
THENCE South 301341 55" East (record South 30° 38' 24" East) along the northeast line
of LOT1 of said CIBOLO VALLEY BAPTIST CHURCH, being also the southwest right -
of -way line of Farm -to- Market Road No. 1103, a distance of 20.12 feet to a point at the north
corner of a 100 foot wide Comal County Power Company, recorded in Volume 1452,
Page 298, Deed Records of Guadalupe County, Texas, for the east corner hereof, from which
a 1/2 inch iron rod found at the east corner of LOT of said CIBOLO VALLEY BAPTIST
CHURCH, bears South 30'41'42" East (record South 30'45' 11" East) a distance of 318.47
feet;
THENCE leaving the northeast boundary line and crossing through LOT 1 of said CIBOLO
VALLEY BAPTIST CHURCH, South 531051 0011 West, a distance of 546.05 feet to a 1/2
inch iron rod found a in the southwest line of LOT 1 of said CIBOLO VALLEY BAPTIST
CHURCH, being also the east corner of LOT 57, RIATA, UNIT 3B, as platted in Volume 7,
Page 309, Map and Plat Records of Guadalupe County, Texas, for the south corner hereof,
from which a 1/2 inch iron rod found at the south corner of LOT 1 of said CIBOLO VALLEY
BAPTIST CHURCH, bears South 30° 41' 42" East (record South 30° 45' 11" East), a distance
of 259.02 feet;
THENCE North 301411 4211 West, (record North 30 45' 11" West) along the southwest
line of LOT I of said CIBOLO VALLEY BAPTIST CHURCH, being also the northeast line
10927 WYE DRIVE SUITE 104 SAN A-NT0N10jX 78217 T'. (210) 590 -4777 F. (210) 590 -4940
1 -800- :332 -3109 www,Fotxdengit eeringxoni TBPE: No. F -1162 TBPLS No. 10018400
1
FORD ENGINEERING INC
NOTES:
\ Q ALL SET PINS ARE 1/2" REBAR WITH A YELLOW
\ PLASTIC CAP STAMPED "FORD ENG. INC."
\ \ QO FOUND PINS ARE 1/2" REBAR
\ UNLESS OTHERWISE NOTED.
ORRPGCT = OFFICIAL RECORDS, OF REAL PROPERTY
GUADALUPE COUNTY, TEXAS.
\ pp DRGCT = DEED RECORDS, GUADALUPE COUNTY,
TEXAS.
\ 0 0 o�p"�'0 MPRGCT = MAP PLAT RECORDS, GUADALUPE COUNTY,
\ F` 0�0v0v��� \ TEXAS.
\ O <o�2 O� Op`r/? o BEARINGS ARE BASED ON THE TEXAS STATE PLANE
\ Oti spy �p� < <O COORDINATE SYSTEM, NORTH AMERICAN DATUM OF
z- v O� s� o IRS 1983/93, SOUTH CENTRAL ZONE.
o
Ej
Lpp �19-Q v O O
�oo�
z-
00
SCALE:
op 1 " = 100'
O
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IRF oo�� o J76'
CIBOLO VALLEY BAPTIST CHURCH\
(10.00 ACRES)
\ VOL. 754, PG. 805
\ DRGCT co
� asy \\ 9J
/ POB
n
O G'�� J \\ \ S 30 °34'55" E
20.12'
IL
C a L 0 T 1 / r-
(9.997 Acres Tract)
CIBOLO VALLEY BAPTIST CHURCH
VOL. 7, PG. 253 hk6
MPRGCT �` N � �-
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Q.
5 0 oagpc�s / 5F0 \
IRS
RIATA, UNIT 3B N 3041'42" W
VOL. 7, PG. 309 20.12'
MPRGCT IRF
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