22-R-30 - Acceptance of Warranty Deed from Schertz 1518 LTD for Lot 1 lk 1 Schertz Forest Unit 1RESOLUTION NO. 22-R-30
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A
WARRANTY DEED FROM SCHERTZ 1518, LTD. FOR LOT 1, BLOCK 1
OF THE SCHERTZ FOREST UNIT 1 ADDITION IN THE CITY OF
SCHERTZ, TEXAS, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, Schertz 1518, Ltd. the developer of The Crossvine as part of seeking approval of
the master plan of Module 3A, Unit 4 proposed a street connection to Ware Seguin Loop; and
WHEREAS, Concerns were expressed by City Staff about the ability of Ware Seguin Loop to
handle the anticipated traffic volumes without a substantial negative impact on level of service
and safety concerns for the anticipated volume of traffic turning onto Ware Seguin Road from
Ware Seguin loop; and
WHEREAS, both Schertz 1518, Ltd. and the City agreed that a direct connection from the
proposed residential street from Module 3A, Unit 4 to Ware Seguin Road was a preferred
alternative; and
WHEREAS, Schertz FM 1518, Ltd. was able to acquire Lot 1, Block 1 of the Schertz Forest
Unit 1 Addition that is currently undeveloped; and
WHEREAS, Schertz FM 1518, Ltd. is proposing to convey this tract to the City with the intent
that it be used for future right -of -way to be able to provide better street connections to Ware
Seguin Road and to alter or eliminate the western intersection of Ware Seguin Loop and Ware
Seguin Road; and
WHEREAS, Schertz 1518, Ltd. is retaining the right to construct and maintain landscaping and
signage on the property, but outside of any future pavement or utility easements; and
WHEREAS, the City Council finds that accepting Lot 1, Block 1 of the Schertz Forest Unit 1
Addition provides for safe mobility options for people who live, work, and visit Schertz;
including efficient connections to regional economic activities and other communities; and
WHEREAS, the City Council further finds that accepting Lot 1, Block 1 of the Schertz Forest
Unit 1 Addition creates and preserves convenient connections between neighborhoods, schools,
access to commercial areas, and neighborhood assets to provide alternative routes for short trips
for people on bike and on foot and reduce trip lengths overall.
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to accept the
conveyance of Lot 1, Block 1 of the Schertz Forest Unit 1 via the Special Warranty Deed
with retained easement as attached in Exhibit "A ".
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 12'�' day of April, 2022.
CITY OF SCHERTZ XAS
Ral utierr , ayor
/ A_- TEST: '
Brenda Dennis, City Secretary
Exhibit A
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.
SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENT AGREEMENT
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BEXAR
THIS SPECIAL WARRANTY DEED AND RESERVATION OF EASEMENT
AGREEMENT ( "Deed ") is made and entered into as of this day of
, 2022, (the "Effective Date ") by SCHERTZ 1518, LTD., a Texas limited partnership,
( "Grantor ") whose address is , to and in favor of
THE CITY OF SCHERTZ, TEXAS, a Texas home rule municipal corporation created and
existing under and by virtue of the laws of the State of Texas, situated in Bexar, Comal and
Guadalupe County, Texas, ( "Grantee ") whose address is
WITNESSETH:
That Grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and
other valuable consideration to the undersigned paid by the Grantee herein named, the receipt and
sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee, all of the following- described
real property in Bexar County, Texas,
Lots 1, Block 1, of Schertz Forest, Unit 1, in the City of Schertz, Bexar County, Texas, according
to plat thereof recorded in Volume 9561, Pages 22, Deed and Plat Records of Bexar County,
Texas (collectively, the "Property ").
TOGETHER with all the tenements, hereditaments, and appurtenances belonging or in anywise
appertaining to the Property, except as otherwise set forth herein.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and
Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the Property 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. The Property is subject to easements, encumbrances, and
restrictions of record, but reference thereto shall not serve to reimpose the same; and the easement
reserved herein and as set forth in the attached Exhibit A
PROVIDED, HOWEVER, that the Property shall be used only for public right -of -way purposes.
AND PROVIDED, HOWEVER, that Grantor hereby reserves a permanent, non - exclusive
easement over, under, on, upon, through, and across a portion of the Property for purposes of
constructing and maintaining subdivision identification, entry and directional signage, including
without limitation temporary access by construction vehicles and equipment, by Grantor and
Permittees; provided, however, that the specific portion of the Property reserved shall need not be
specifically delineated until such time as construction of the public thoroughfare through the
Property by Grantee is completed, said reserved portion intended to be outside of the improved
throughfare, but visible from the intersection of said thoroughfare with the existing thoroughfare.
A. The Easement reserved to Grantor and the Permittees hereby includes. without limitation,
the right and duty to: (i) construct the Easement improvements in a manner that does not
interfere with, hinder, or prevent the installation, operation, or maintenance of roadways,
water lines, wastewater lines, or other utilities; and (ii) maintain the Easement at the sole
expense of Grantor including the obligation to regularly mow or cut back vegetation and
to keep the surface of the Easement free of litter, debris, or trash.
B. Grantor shall possess and maintain, at all times during the construction, operation, and
maintenance of any improvements within the Easement, 1) worker's compensation
insurance in the amount of the Texas Statutory Limit, 2) automobile liability insurance
of at least $2,000,000, and 3) general liability insurance in the amount of at least
$2,000,000, in order to protect Grantee from any liability, claims, damages, losses, or
expenses arising from or out of in any way connected with the construction, operation, or
maintenance of any improvements by Grantor within the Property. Grantee shall be listed
as an additional insured on the automobile and general liability policies. Each of the
above liability policies shall contain a contractual liability endorsement in favor of
Grantee and shall provide that Grantee will receive at least sixty (60) days notice prior to
termination of coverage. Said insurance shall also be primary, and not contributory, as to
any insurance coverage maintained by Grantee. This provision shall survive termination
of any easement reserved in favor of Grantor herein to the extent necessary to protect
Grantee from liability arising during the term of such easements. Nothing herein operates
as a waiver of Grantee's grant of sovereign immunity or the limits of liability established
under Texas law.
C. Grantor agrees that it shall indemnify, hold harmless, and defend Grantee, its
representatives, employees, and elected and appointed officials, from and against all
liability, claims, damages, loss, and expenses of any sort including reasonable attorney's
fees and costs including appeals, in any way arising out of or resulting from: (i) any tort,
intentional action, negligent act, or omission of Grantor, the Permittees, or anyone for
whose act or acts either Grantor or the Permittees may be liable, occurring in the Property;
2
or (ii) the construction, operation, or maintenance of any improvements by Grantor within
the Property, except to the extent that any such liability, claims, damages, loss, and
expenses arise from the negligence or intentional action of Grantee.
AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in
fee simple, that Grantor has good right and lawful authority to convey the Property, that Grantor
hereby fully warrants the title to the Property, and that Grantor will defend the same against the
lawful claims of all persons under Grantor but against none other. This conveyance is made by
Grantor and accepted by Grantee subject to the Easement retained herein and any matters of
record, to the extent, and only to the extent, that the same may still be in force and effect and
applicable to the Property. Payment of ad valorem taxes for the current and future years, if any,
shall remain the responsibility of Grantor.
[signature pages follow]
IN WITNESS WHEREOF Grantor and Grantee have caused this Special Warranty Deed
and Reservation of Easements to be executed effective as of the Effective Date.
EXECUTED this the
THE STATE OF TEXAS
COUNTY OF BEXAR
day of February, 2022.
GRANTOR
SCHERTZ 1518, LTD.,
a Texas limited partnership
By: MTR - Schertz 1518 Management Company, LLC
a Texas limited liability company,
its general partner
Christopher K. Price, President
This instrument was acknowledged before me on March _, 2021 by Christopher K. Price
as President of MTR - Schertz 1518 Management Company, LLC, a Texas limited liability
company, the General Partner of SCHERTZ 1518, LTD., a Texas limited partnership, on behalf
of said entities.
[SEAL]
NOTARY PUBLIC, State of Texas
My Commission Expires: Print Name:
4
GRANTEE
CITY OF SCHERTZ, TEXAS
a Texas home rule municipality
THE STATE OF TEXAS
COUNTY OF BEXAR
Mark Brown, City Manager
This instrument was acknowledged before me on February _, 2022 by Dr. Mark Brown
as City Manager of the City of Schertz, Texas.
[SEAL]
My Commission Expires:
After recordins,, return to:
Schertz 1518, Ltd.
314 E. Commerce, Suite 600
San Antonio, Texas 78205
Attn: Christopher K. Price
5
NOTARY PUBLIC, State of Texas
Print
Name:
EXHIBIT A
EXCEPTIONS
1. The following restrictive covenants of record itemized below:
Those recorded in/under Volume 16736, Page 1150; Volume 16737, Page 300; Volume
16738, Page 130; Volume 16740, Page 675; Volume 17141, Page 2434, Volume 17643,
Page 2424; Volume 17643, Page 2431; Volume 17643, Page 2437; Volume 17788, Page
899; Volume 17788, Page 1455, Volume 18238, Page 67; and Document No.
201080248575, Document No. 20190077089, and Document 2190117479, Official
Public Records of Bexar County, Texas; and Volume 20001, Pages 1152 -1157, Deed and
Plat Records of Bexar County, Texas.
2. Standby fees, taxes and assessments by any taxing authority for the year 2019, and
subsequent years; and subsequent taxes and assessments by any taxing authority for prior
years due to change in land usage or ownership, but not those taxes or assessments for
prior years because of an exemption granted to a previous owner of the property under
Section 11. 13, Texas Tax Code, or because of improvements not assessed for a previous
tax year.
3. The following matters and all terms of the documents creating or offering evidence of the
matters
a. Easements and setback lines as shown on plat recorded in Volume 20001, Pages
1152 -1157, Deed and Plat Records of Bexar County, Texas.
b. Easements as set out in Article 8 of Declaration recorded in Volume 16736, Page
1150, Official Public Records of Bexar County, Texas.
c. Electric Lind Right -of -Way Agreement recorded in Volume 3192, Page 461, Real
Property Records of Bexar County, Texas.
d. Terms, provisions and stipulations as set out in Right of Way Easement to Koch
Refining Company recorded in Volume 4661, Page 286, Deed Records of Bexar
County, Texas.
e. Terms, provisions and stipulations as set out in pipeline easement to Humble Pipe
Line Company recorded in Volume 4725, Page 616, Deed Records of Bexar
County, Texas.
f. Terms, conditions and provisions of Subdivision Improvement Agreement
recorded in Document No. 20190115619, Official Public Records of Bexar
County, Texas.
g. All charges, liens, and assessments payable to The Crossvine Master Community,
Inc., including that lien to secure the payment thereof, recorded in/under Volume
16736, Page 1150; Volume 16740, Page 675; and Volume 17643, Page 2424; of
the Official Public Records of Bexar County, Texas.
n