21-R-81 - Drainage Easement with SCUCISD for drainage improvements Elbel Storm drainRESOLUTION NO. 21 -R -81
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A DRAINAGE EASEMENT WITH SCHERTZ- CIBOLO-
UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT FOR
CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON THE SAMUEL
CLEMENS HIGH SCHOOL PROPERTY BY THE ELBEL STORM
DRAIN AND OVERLAY PROJECT
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that some
drainage improvements needed to be constructed on the Samuel Clemens High School campus as
part of the Elbel Storm Drain and overlay project; and
WHEREAS, the Schertz - Cibolo- Universal City Independent School District ( SCUCISD),
the property owner of Samuel Clemens High School campus, agrees to allow the drainage
improvements to be constructed on their property.
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 a
drainage easement with SCUCISD for construction of drainage improvements on the Samuel
Clemens High School campus in substantially the form attached hereto.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 12th day of October, 2021.
CITY OF SCHERTZ, TEXAS
Ral utie , Mayor
ATTEST:
Brenda Dennis, City Secretary
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50077397.1
EXHIBIT "A"
Description of Easement Area
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*14 111
RIB ENGINEERING. INC.
Date: July 02, 2021
Project No: 1124.9403
DRAINAGE EASEMENT DESCRIPTION
0.017 ACRE (722 square feet) TRACT
A 0.017 of an acre (722 square feet) tract of land, situated in the Genobera Malpaz Survey
No. 67, Abstract 221, Guadalupe County, Texas, being a portion of a called 29.379 acre tract
described in a deed to Schertz- Cibilo Independent School District, recorded in Volume 346, Page
456, Deed Records Guadalupe County, Texas, being at the at the Samuel E. Clements High
School; Said 0.017 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a calculated point on the northwest right -of -way line of Elbel Road
(80' R.O.W. width), for the east comer hereof, from which a 1/2 inch iron rod found at the
intersection of the northeast boundary line of the Schertz- Cibilo ISD 29.379 acre tract and the
northwest right -of -way line of Elbel Road, bears North 59° 37' 48" East (record North 60° East)
a distance of 616.40 feet;
THENCE South 590 37148" West, (record South 60° West), along the northwest right -of -way
line of Elbel Road, a distance of 37.49 feet, to a calculated point for the south comer hereof;
THENCE leaving the northwest right -of -way line of Elbel Road, crossing through the Schertz-
Cibilo ISD 29.379 acre tract, the following three (3) courses and distances:
1. North 30° 22' 12" West, a distance of 19.25 feet, to a calculated point for the west
corner hereof;
2. North 590 37' 48" East, a distance of 37.49 feet, to a calculated point for the north
corner hereof;
3. South 30° 22' 12" East, a distance of 19.25 feet, to the POINT OF BEGINNING,
containing 0.017 of an acre of land.
BEARINGS ARE BASED ON LAMBERT GRID, TEXAS STATE PLANE
COORDINATES, SOUTH CENTRAL ZONE NAD 83193.
Robert X. hnston, RPLS
Regist red P fessional Land Surveyor
License er 5579
10927 WYE DRIVE SUITE 104, SAN ANTUNI0, TX 78217 P. (210) 9904777 F. (210) 590 -4940
1- 800 - 332 -3109 www1ordengineering.com TBPE No. F -1162 TBPLS No. 10018400
1
PLAT SHOWING DRAINAGE EASEMENT:
OUT OF THE GENOBERA MALPAZ SURVEY No. 67
ABSTRACT No. 221
m CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS.
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/ I, ROBERT W. JOHNSTON, DO HEREBY CERTIFY THAT
/ THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
/ MADE ON THE GROUND AND UNDER MY SUPERVISION.
/ ON JUNE 30, 2021
ROBERT W. JOHNSTON Mks No. 5579
DATE: 07-02 -2021
PROJECTNO.: 1124 -9403 ,OF,
DRAWN BY: RWJ ova.- 57eq
FORD ENGINEER 14G INC.
a ENGINEERING PUNNING ' DEVELOPMENT
90227 VVYE DRIVE, SUITE 104 SAN ANTONIO. TE)(AS 78217. (710) SWW77
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' PLAT SHOWING DRAINAGE EASEMENT:
OUT OF THE GENOBERA MALPAZ SURVEY No. 67
' ABSTRACT No. 221
m CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS.
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STATE OF TEXAS
4 e' COUNTY OF GUADALUPE:
I, ROBERT W. JOHNSTON, DO HEREBY CERTIFY THAT
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY
MADE ON THE GROUND AND UNDER MY SUPERVISION.
ON JUNE 30, 202%
ROBERT W. JOHNSTON
DATE: 07 -02 -2021
PROJECT NO.: 1124 -9403
DRAWN BY: RWJ
FORD ENGINEERING INC.
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ENGINEERING ' PLANNING DEVELOPMENT
10927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217, (210) 5904777
RPLS No. 5578
EXHIBIT A
DRAINAGE EASEMENT AGREEMENT
50077397.1 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
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DRAINAGE MAINTENANCE AND EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
SCHERTZ - CIBOLO - UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT,
a body corporate and political subdivision in the Counties of Guadalupe and Bexar, State of
Texas ( "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:
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) "Utility" shall mean drainage 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 of Easement. The Easement shall be used for utility purposes, including
placement, construction, and installation of utility facilities and related
appurtenances, and for the authorization of Grantee to enforce maintenance
obligations including the right of self -help.
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 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. Improvement and Maintenance of Easement Property. Maintenance of the
Easement Property and the Facilities will be at the sole expense of Grantor.
Holder has the right to enforce that maintenance obligation via self -help remedies
if it so elects.
7. Permitted Improvements. Notwithstanding any contrary provision, Grantor shall
retain the right to improve the easement area. 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.
8. 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.
9. Attorney's Fees. If either party retains an attorney to enforce this agreement, the
party prevailing in litigation is entitled to recover reasonable attorney's fees and
court and other costs.
10. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
11. Choice of 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.
12. Counterparts. This agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same
instrument.
13. Waiver of Default. It is not a waiver of or consent to default if the non - defaulting
party fails to declare immediately default or delays in taking any action. Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other
remedies in this agreement or provided by law.
14. Further 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.
15. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties. The parties agree that
there are no oral agreements, representations, or warranties that are not expressly
set forth in this agreement.
16. Exceptions to Warranty. This grant is subject to any and all encumbrances and
easements of record, to the extent the same are valid and enforceable.
17. Legal Construction. Any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties, the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa. Article and section headings in this agreement are for reference only and
are not intended to restrict or define the text of any section. This agreement will
not be construed more or less favorably between the parties by reason of
authorship or origin of language.
18. 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.
19. 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.
20. Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed.
Any oral representation or modification concerning this instrument shall be of no
force and effect except for any subsequent modification in writing, signed by the
party to be charged.
In witness whereof, this instrument is executed this day of
2021.
(Grantor's Name)
(Grantor's Signature)
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the
by , an individual residing in .
AGREED AND ACCEPTED:
City of Schertz
A Texas home -rule municipality
Dr. Mark Browne
City Manager, City of Schertz
day of , 2021,
County, Texas.
Notary Public, State Of Texas
STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2021,
by Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
Notary Yublic, atate of 1 exas
Exhibit:
"A" Description of Development Tract