22-R-93 -Water Easement agreement with San AntonioRESOLUTION NO. 22 -R -93
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A WASTEWATER EASEMENT AGREEMENT
FROM SAN ANTONIO ONE LIMITED PARTNERSHIP AND SAN
ANTONIO THREE LIMITED PARTNERSHIP RELATING TO THE
EXISTING WASTEWATER MAIN AND AUTHORIZING THE BUDGET
EXPENDITURES FOR THE PROJECT
WHEREAS, The City staff of the City of Schertz (the "City ") has recommended that the
City execute a wastewater easement agreement relating to an existing wastewater main and
approve the project expenditures; and
WHEREAS, City staff has received metes and bound descriptions for the wastewater
easement; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the wastewater easement agreement and an amount of $10.00.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 5. 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 6' day of September, 2022.
CITY OF SCHERTZ, TEXAS
Ral��yutierae ., Mayor
ATTEST:
Brenda Denms, City Secretary
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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 DRI'VER'S LICENSE NUMBER
WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE LUA11ED PARTNERSHIP and SAN ANTONIO THREE
LINIITED PARTNERSHIP, with the mailing address of 2111 Woodward Ave #910, Detroit,
Michigan 4$021 (collectively, "Grantor"), for the sum of Ten and N61100 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 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.
Terms and Conditions: The following terms and. conditions apply to the Easement
granted by this agreement:
1. Defmiiions 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) "Grantor" shall mean Grantor and Grantor's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms of
this agreement.
(c) "Public Facilities" 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 of Easement. The Easement shall be used for the Public Facilities purposes,
including placement, construction, installation, replacement, repair, maintenance,
relocation, removal, and operation of Public Facilities and related appurtenances, or
making connections thereto. The Easement shall also be used for the purpose of
providing access for the operation, repair, maintenance, replacement and expansion
of the Public Facilities and related appurtenances.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution by Grantee.
S. 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, struchm 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, provided, however, Grantor shall have the right
to install and maintain concrete, asphalt or gravel driveways, roads, parking lots, as
well as landscaping and irrigation, on, across and within the Easement Property, as
approved by plat, site plan, or building permit. Maintenance of landscaping and
irrigation shall be the sole responsibility of the Grantor.
6. Improvement and Mairntemmce of Easement Property. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the Facilities will be at the sole expense of Holder. Holder has the right
to eliminate any encroachments into the Easement Property. Holder has the right to
construct, install, maintain, replace, and remove the Facilities under or across any
portion of the Easement Property. All matters concerning the Facilities and their
configuration, construction, installation, maintenance, replacement, and removal are
at Holder's sole discretion, subject to performance of Holdefs obligations under this
agreement. Holder has the right to remove or relocate any fences or other
encroachments within the Easement Property or along or near its boundary lines if
reasonably necessary to construct, install, maintain, replace, or remove the Facilities.
Holder will also replace to their original condition any landscaping, driveways or
parking areas that were in existence prior to the granting of the Easement Property
and are damaged in connection with the work.
4857 -9001 -1172, v. 4
7. Maintenance of Surface Easement Properly /Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement Property, including the obligation to regularly
mow or cut back vegetation and to keep the surface of the Easement Property free of
litter, debris, or trash. Any permitted improvement made by Grantor must comply
with applicable ordinances, development codes and engineering guidelines of the
City of Schertc, and must not conflict with use of the easement for its intended
purpose as described herein.
S. 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 Lary. This agreement will be construed under the laws of the state of
Texas, without regard to choic"f -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 terns, 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
4837 -9001 -1172, v. 4
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 content 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.
[Signatures appear on next pages]
4857 -WOO 172. v. 4
WI`I',N1FSS WHEREOF, this instrument is executed this ik day of
.2022.
GRANTOR:
SANA'A0 IO ONE LI
I�^Na— .; a 1,11 TNERSHP r
me: ' '
o
Title:
SAN TG IO RF L 1TE PARTNERSHIP
By: 1
Name- 0 L)-
Title:
THE STATE OF \ :_ §
COUNTY OF §
This in ument was acknowled ed before me this day of (�C S , 2022, by
of SAN ANTONIO ONE LIMITED
PARTNERSHIP, on behalf of said partnership,
(seal)
THE STATE OF §
§
COUNTY OF §
Notary Public Signature
LAURIE BEMIS
IS
PUBLIC . STAYE OF MICHIGAN F
COUNTY O . WAYNE
My Commission Expires Decemnef 12, 2025
Acting to the CoUntY'c)
This instrument was acknowledged before me this day of N Q QS 2022, by
(� �- - , , ° rrtil of SAN ANTONIO 1 LIMITED
PARTNERSHIP, on behalf of said partnership.
NoLy ublic Signature
(seal)
LAURIE BEMIS
NOTARY PUBLIC - S7ATE OF MIC+UGAN
COUpyy OF WAYNE
My Commission Expfre5 Cember 12025
Acbngl i the County at'
4857- 9001 -1 472, v. 4
gRAP EE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
. Mark Browne, City Manager
THE STATE OF TEXAS
COUN'T'Y OF GUADALUPE
This instrument was acknowledged before me on _ , 20__, by Dr.
Mark Browne, City Manager of the City of Scherm, Texas, a Texas home -rule municipality, on
behalf of said municipality.
Notary Public Signature
(seal)
4857 - 9001 -1172, v. 4
EXHIBIT "A"
EASEMENT PROPERTY
(See attached)
4857- 9001 -1172, v. 4
A METES AND BOUNDS
DESCRIPTION OF
A 0.657 ACRE TRACT OF LAND
BEING a 0.657 acre (28.612 square feet) tract of land situated In the J.F. Walker Surrey, Abstract No. 244, City of Schertz,
Guadalupe County, Texas; and being portion of the remainder of a called 220.198 acre tract described in Instrument to SAN
ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIP In Volume 979, Page 475 of the
Official Public Records of Guadalupe County, and being more particularly described as follows:
COMMENCING at Mag nail set in concrete at the Intersection ofthe northwesterly right- of-way fine of Old Wiedenrtein Road
(variable width public right -of -way). and the northeasterly right-of-way tine of Clbolo Valley (variable width public right -af -way) and
marking the south comer of said 220.198 acre tract;
THENCE, North 31013'29" West, 1660.93 feet along the northeasterly right-of-way line of said Cibolo Valley to a point for the west
comer of a 16-foot sanitary sewer easement recorded in Volume 1800, Page 800 of the OMdal Public Records of Guadalupe
County, from which a 112" iron rod found bears North 31 °13'29" West, 982.97 feet
THENCE. North 6(°5907" East, 16-01 feet departing said northeasterly right-of-way line of Cibcto Valley, and along the northwest
line of said 16-foot sanitary sewer easement to the POINT OF BEGINNING, and a southwest comer of the herein described trail,
THENCE, departing said northwest line of the 16 -foot sanitary sewer easement and over and across said 220.198 acre tram, the
following ton (10) courses and distances:
1. North 310132V West, 92.25 fleet to a point for comer;
2. North 58 °4733' East, 1.208.56 feet to a point for the north confer of a 20-foot sanitary sewer easement recorded in
Volume 2024, Page 618 of the Official Public Records of Guadalupe County;
3. South 29 037'29" West', 20.07 feet along a northwest tine of said 20 -feat sanitary sewer easement to the west comer of
said 20 -foot sanitary sewer easement
4. South 65 008'05" East, 12.32 feet along a southwest line of said 20 -fact sanitary sewer easement to a point for corner,
5. South 58 °47'33' West, 1,165.65 feet departing said southwest line of the 20 -foot sanitary sewer easement to a point
for comer;
6. South 3114'25" East, 261.78 feet to a point in a northwest line of a 10 -foot sanitary sewer easement recorded in
Volume 3169, Page 155 of the Official Public Records of Guadalupe County;
7. South 58. 46'31' West, 12.33 feet along sold northwest line of the 104bot sanitary sewer easement to a point for
comer,
8. North 31 °13'29" West, 189.07 feet along a northeast line of said 104bot sanitary sewer easement to a point for comer;
9 South 58 446'31' West, 7.95 feet along a northwest line or said 10 -foot sanitary sewer easement to a point for the north
comer of aforesaid 16 -foot sanitary sanitary sewer,
10. South 600594)7" West, 12.06 feet along said northwest line of the 16 -foot sanitary sewer to the POINT OF
BEGINNING, and containing 0.657 aces of land In Gaudalups County, Texas. The basis of bearing for this description
Is the Texas State Plane Coordinate System, South Central Zone (FIPS 4204) (NAD'83), as determined by the Global
Positioning System (GPS� All distances shown hereon are on the Surface. To convert Surface distances to Grid apply
the Surface to Grid Scale Factor of 0.9996700168978033. The unit of linear measurement is U.S. Survey Feet. This
description was generated on 7/28/2022 at 7:46 AM, based on geometry In the drawing tie
K -.WNA SurveV06436201&CIBOLO VALLEY SCHERTZIDwgiExhibitsW64362018 - CIBOLO VALLEY
SCHERT LESMT SANITARY SEWER 0.657.dwg, in the office of Kimeiy-Hom and Associates In Sari Antonio, Texas.
CERTIFICATION: THIS 18 A LEGAL
DESCRIPTION BASED ON A FIELD SURVEY
BY KIMLEY4H0RN PERSONNEL NO
IMPROVEMENTS ARE SHOWK ALL
EXISTING EASEMENTS ARE NOT SHOWN,
THIS IS NOT A LAND TITLE SURVEY! SEE
THE SEPARATE LAND Tnu SURVEY
UNDER JOB NUMBER 060382018 FOR
ADDITIONAL INFORMA'n N.
JOHN G. MOSIER
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
PH. 210-541-9166
greg.mosier@kimley- horn.00m
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EXHIBIT OF A 0.657 ACRE
SANITARY SEWER EASEMENT
J. F. WALKER SURVEY, ABSTRACT NO. 244
CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
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SAN ANTONIO ONE, LIMITED PARTNERSHIP i VOLA31 PG.= -263
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CERTIFICATION: THIS IS A LEGAL. k°
DESCRIPTION BASED ON A FIELD SURVEY BY (1
IQILEY.HORN PERSONNEL NO � ." v
IMPROVEMENTS ARE SHOWN. ALL EXISTING � +}1c`� io ¢� �P`l�
EASEMENTS TITLE ARE NET SHOWN. THIS IS NOT A - O - � \1
LAND TITLE 6URVEY. 8tS THE SEPARATE
LAND TITLE SURVEY UNDER JOB NLIMSER \ ' �\
A84362018 FORADDTLIONAL INFORMATION. ��O/-\- Q�
GEODETIC NOTE: THE BEAFUNGS SHOWN ` �j
HEREON ARE BASED ON THE TOM STATE
PLANE COORDINATE SYSTEM, SOUTH
ZONE (PIPS 4�4) (NAD'BS OAS DGMMMIJ® \Q� `Ay
BY THE GLOBAL. POSlTI�ILVG S1fSiEM O
(GPSj ALL DISTANCES SHOWN HEREON
ARE ON THE SURFACE. THE COMBINED OF EXHIBIT OF A 0.657 ACRE
GRID TO SURFACE SCALE FACTOR FOR �CAr�3TN
THE PROJECT IS OA9997001$f�978M THE fi' z SANITARY SEWER EASEMENT
UNIT OF LINEAR MEASUREMENT 18 U.S. * r
SURVEY FEEL ... i ........................... J. F. WALKER SURVEY, ABSTRACT NO. 244
JOHN G. MOSIER JOHN G. MOSIER _ CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
REGISTERED PROFESSIONAL i ............'.
LAND SURVEYOR NO. 6330 VOAp fi330 4�''• 1
601 NW LOOP 410, �, -
SUITE 350
y . � ��
SAN ANTONIO, TEXAS 78218
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BLMKENSHIP.MATTHEW7 S7DlFWr.iMA SURVEYW6 MOI& CIBOLOVAtLEYS OMRrAMGMMIBXfb10B435MG- CMOLOVNJ "SMBOZ- EBNU- gMrfARYSEWER
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VOL1800. PG.600
OPRGC
CO7 MATION: THIS IS A LEGAL
DESCRIPTION BASED ON A FIELD SURVEY BY
KIMM -HORN PERSONNEL. NO
IMPROVEMENTS ARE SHOWN. ALL EMSTING
EASEMENTS ARE NOT SHOWN. THIS IS NOT A
LAND TITLE SURVEY. SEE THE SEPARATE
LAND TITLE SURVEY UNDER JOB NUMBER
064982018 FOR ADDITIONAL INFORMATION.
JOHN G. MOSIER
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
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EXHIBIT OF A 0.657 ACRE
SANITARY SEWER EASEMENT
J. F. WALKER SURVEY, ABSTRACT NO. 244
CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
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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 GUADALUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE LBUTED PARTNERSHIP and SAN ANTONIO THREE
LIMITED PARTNERSHIP, with the mailing address of 2111 Woodward Ave #910, Detroit,
Michigan 48021 (collectively, "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 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.
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) "Grantor" shall mean Grantor and Grantor's heirs, successors and assigns
who at any time own any interest in the conveyance is subject to the terms of
this agreement.
(c) "Public Facilities" 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 of Easement. The Easement shall be used for the Public Facilities purposes,
including placement, construction, installation, replacement, repair, maintenance,
relocation, removal, and operation of Public Facilities and related appurtenances, or
making connections thereto. The Easement shall also be used for the purpose of
providing access for the operation, repair, maintenance, replacement and expansion
of the Public Facilities and related appurtenances.
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, provided, however, Grantor shall have the right
to install and maintain concrete, asphalt or gravel driveways, roads, parking lots, as
well as landscaping and irrigation, on, across and within the Easement Property, as
approved by plat, site plan, or building permit. Maintenance of landscaping and
irrigation shall be the sole responsibility of the Grantor.
6. Improvement and Maintenance of Easement Property. Subject to the provisions of
Section 8., immediately below, improvement and maintenance of the Easement
Property and the Facilities will be at the sole expense of Holder. Holder has the right
to eliminate any encroachments into the Easement Property. Holder has the right to
construct, install, maintain, replace, and remove the Facilities under or across any
portion of the Easement Property. All matters concerning the Facilities and their
configuration, construction, installation, maintenance, replacement, and removal are
at Holder's sole discretion, subject to performance of Holder`s obligations under this
agreement. Holder has the right to remove or relocate any fences or other
encroachments within the Easement Property or along or near its boundary lines if
reasonably necessary to construct, install, maintain, replace, or remove the Facilities.
Holder will also replace to their original condition any landscaping, driveways or
parking areas that were in existence prior to the granting of the Easement Property
and are damaged in connection with the work.
4857 -9001 -1172, v. 4
7. Maintenance of Surface Easement Property /Permitted Improvements.
Notwithstanding any contrary provision, Grantor shall retain the obligation to
maintain the surface of the Easement Property, including the obligation to regularly
mow or cut back vegetation and to keep the surface of the Easement Property free of
litter, debris, or trash. Any permitted improvement made by Grantor must comply
with applicable ordinances, development codes and engineering guidelines of the
City of Schertz, and must not conflict with use of the easement for its intended
purpose as described herein.
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
4857- 9001 -1172, v. 4
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.
[Signatures appear on next pages]
4857 -9001 -1172, v. 4
IN WITNESS WHEREOF, this instrument is executed this day of
.2022.
GRANTOR:
SAN ANTONIO ONE LI IT D, TNERSHIP
By: ' ,d•
Name:
Title: "l Q,l1lx
SAN T7e,
!O L ITE PARTNERSHIP
By: W---
Title:
THE STATE OF �A --I- §
COUNTY OF W . §
This In ent was acknowled ed before me this IV day of �O� 2022, by
r.h%�I (2� U 1►� �S, 1 r, F "OaA -Aer of SAN ANTONIO ONE LIMITED
PARTNERSHIP, on behalf of said partnership.
Notary Public Signature
(seal)
LAURIE BEMIS
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF WAYNE
THE STATE OF § My Commission Expires December 12, 2825
§ Acting in the County of:
COUNTY OF AQ -(r §
This instrument was acknowledged before me this V K day of NQQ O , 2022, by
(ham Le ev�t rc k "- ,Ar of SAN ANTONIO E LIMITED
PARTNERSHIP, on behalf of said partnership.
No ublic Signature
(seal)
LAURIE BEMIS
NOTARY PUBLIC - STATE OF MICHIGAN
COUNTY OF WAYNE
My Commission Expires December 12, ?825
I
Aciinq'in the County of: A-1 �
4857 - 9001 -1172, v. 4
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
By.� ,-
Dr. Mark Browne, City Manager
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on SEjRA18.E 1a--_, 20622 by Dr.
Mark Browne, City Manager of the City of Schertz, Texas. "a Texas home -rule municipality, on
behalf of said municipality.
t
No Public Signature
(seal)
OF
CC
'�•,�t�S 0517 %.o++ `��
4857- 9001 -1172, v. 4
EXHIBIT "A"
EASEMENT PROPERTY
(See attached)
4857 - 9001 -1172, v. 4
A METES AND BOUNDS
DESCRIPTION OF
A 0.657 ACRE TRACT OF LAND
BEING a 0.657 acre (28,612 square feet) tract of land situated in the J.F. Walker Survey, Abstract No. 244, City of Schertz,
Guadalupe County, Texas; and being portion of the remainder of a called 220.198 acre tract described in instrument to SAN
ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE LIMITED PARTNERSHIP in Volume 979, Page 475 of the
Official Public Records of Guadalupe County; and being more particularly described as follows:
COMMENCING at Mag nail set in concrete at the intersection of the northwesterly right -of -way line of Old Wiederstein Road
(variable width public right -of -way), and the northeasterly right- of-way line of Cibolo Valley (variable width public right -of -way) and
marking the south comer of said 220.198 acre tract;
THENCE, North 31 °13'29" West, 1660.93 feet along the northeasterly right -of -way line of said Cibolo Valley to a point for the west
corner of a 16 -foot sanitary sewer easement recorded in Volume 1800, Page 800 of the Official Public Records of Guadalupe
County, from which a 1 /2" iron rod found bears North 31 °1329" West, 982.97 feet;
THENCE, North 60 °59'07" East, 16.01 feet departing said northeasterly right -of -way line of Cibolo Valley, and along the northwest
line of said 16 -foot sanitary sewer easement to the POINT OF BEGINNING, and a southwest comer of the herein described tract;
THENCE, departing said northwest line of the 16 -foot sanitary sewer easement and over and across said 220.198 acre tract, the
following ten (10) courses and distances:
1. North 31 °13'29" West, 92.25 feet to a point for comer;
2. North 58 °47'33" East, 1,208.56 feet to a point for the north comer of a 20 -foot sanitary sewer easement recorded in
Volume 2024, Page 618 of the Official Public Records of Guadalupe County;
3. South 29 °37'29" West, 20.07 feet along a northwest line of said 20 -foot sanitary sewer easement to the west comer of
said 20 -foot sanitary sewer easement;
4. South 65 °08'05" East, 12.32 feet along a southwest line of said 20 -foot sanitary sewer easement to a point for comer;
5. South 58 °47'33" West, 1,165.65 feet departing said southwest line of the 20 -foot sanitary sewer easement to a point
for comer;
6. South 31 °14'25" East, 261.78 feet to a point in a northwest line of a 10 -foot sanitary sewer easement recorded in
Volume 3169, Page 155 of the Official Public Records of Guadalupe County;
7. South 58 °4631" West, 12.33 feet along said northwest line of the 10 -foot sanitary sewer easement to a point for
comer,
8. North 31 °13'29" West, 189.07 feet along a northeast line of said 10 -foot sanitary sewer easement to a point for comer;
9. South 58 °46'31" West, 7.95 feet along a northwest line of said 10 -foot sanitary sewer easement to a point for the north
comer of aforesaid 16 -foot sanitary sanitary sewer;
10. South 60 °59'07" West, 12.06 feet along said northwest line of the 16 -foot sanitary sewer to the POINT OF
BEGINNING, and containing 0.657 acres of land in Gaudalupe County, Texas. The basis of bearing for this description
is the Texas State Plane Coordinate System, South Central Zone (FIPS 4204) (NAD'83), as determined by the Global
Positioning System (GPS). All distances shown hereon are on the Surface. To convert Surface distances to Grid apply
the Surface to Grid Scale Factor of 0.9998700168978033. The unit of linear measurement is U.S. Survey Feet. This
description was generated on 7/28/2022 at 7:46 AM, based on geometry in the drawing file
K:XSNA Surveyk064362018- GIBOLO VALLEY SCHERTZ%DwglExhibits1064362018 - CIBOLO VALLEY
SCHERTZ_ESMT SANITARY SEWER 0.657.dwg, in the office of Kimely -Hom and Associates in San Antonio, Texas.
CERTIFICATION: THIS IS A LEGAL
DESCRIPTION BASED ON A FIELD SURVEY
BY VJMLEY PERSONNEL NO
f OF r
'C`
-HORN
IMPROVEMENTS ARE SHOWN. ALL
••
T
•''
EXISTING EASEMENTS ARE NOT SHOWN.
�;' ,�
THIS IS NOT LAND TITLE SURVEY. SEE
THE SEPARATE LAND TITLE SURVEY
'
...:..........................
UNDER JOB NUMBER 064362018 FOR
JOHN G. NOSIER
ADDITIONAL INFORMATION.
..............�............•••-
JOHN G. MOSIER
': ,0 6330
REGISTERED PROFESSIONAL
'v0 •
LAND SURVEYOR NO. 6330
"'••••'y
S U R,
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
PH. 210- 541 -9166
7— 2 8 —z2-
greg.rnosier@kimley-hom.com
o.051.uwu
EXHIBIT OF A 0.657 ACRE
SANITARY SEWER EASEMENT
J. F. WALKER SURVEY, ABSTRACT NO. 244
CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
100' WIDE ELECTRIC —
REMAINDER OF CALLED 200.198 ACRES EASEMENT
SAN ANTONIO ONE, LIMITED PARTNERSHIP VOL.431 PG.262 -263
SAN ANTONIO THREE LIMITED PARTNERSHIP OPRGC S29 037'29 "W
\� VOL.979, PG.475 OPRGC _ _ 20.07' S65 08 05 E
1/2" IRF - ��( 12.32'
\\ Av`` ' S��gE 6 VOLWIDE SEWER SEMENT
OPRGC
0.657 ACRES
66 �5
old 5 °������` 9 28,612 SQ. FT.
�P QG'
O
\ Ala
N31 013'29 "W ''-' AGO /- ek-
92.25' - \� — —S58 °46'31 "W o��'Po� �' 0 50 100
p
7.95'0
P.O.B. II \\ ,
N60° 9W'E \\ m yp C•O C ?'(n �G -'P / - GRAPHIC SCALE IN FEET
116.01' Lp. 1 °m o O 'AG
16' WIDE SEWER 2tr� j° 1 y uj tC� G / LEGEND:
EASEMENT \ 7° r b� �jf cSlm P.O.C. = POINT OF COMMENCING
VOL.1800, PG.800 -0�'1� `Z / P.O.B. = POINT OF BEGINNING
Lp O�- pt1�'L�� / MINIS = MAG NAIL SET
OPRGC
\ c9, �t� 'A s �` 1/2" IRF = IRON ROD FOUND
S60 °59'07 "W _\ ` a G'� `s / 00 OPRGC = OFFICIAL PUBLIC
RECORDS GUADALUPE COUNTY
�99p �0� .o, \� \�� / / / ��� \�5 g1�� SEE SHEET 3 FOR DETAIL
'vim` `Q�po��`� �o Zp 000 / y0 P�P69
�y 0 o�OP o9G� Y S58 °46'31 "W OQ�P -N N
\12.33' \ate 9QC' ,�,'��G��
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CERTIFICATION: THIS IS A LEGAL
a
DESCRIPTION BASED ON A FIELD SURVEY BY
KIMLEY -HORN PERSONNEL. NO �►
IMPROVEMENTS ARE SHOWN. ALL EXISTING
EASEMENTS ARE NOT SHOWN. THIS IS NOT A
LAND TITLE SURVEY. SEE THE SEPARATE ^o 0. OFD
LAND TITLE SURVEY UNDER JOB NUMBER ♦ • \
064362018 FOR ADDITIONAL INFORMATION. ` (�
GEODETIC NOTE: THE BEARINGS SHOWN
PLANENA N TEXAS STATE
COORDINATE SYSTEM. SOUTH
ZONE (FIPS 4204) (NAD'83). AS DETERMINED ` JP
BY THE GLOBAL POSITIONING SYSTEM OvO lP
(GPS). ALL DISTANCES SHOWN HEREON
ARE ON THE SURFACE. THE COMBINED '(E OF
• - EXHIBIT OF A 0.657 ACRE
GRID TO SURFACE SCALE FACTOR FOR �P.•'• "ST
THE PROJECT IS 0.9998700168978033. THE ��•'••s SANITARY SEWER EASEMENT
UNIT OF LINEAR MEASUREMENT IS U.S.
SURVEY FEET. • .............................. J. F. WALKER SURVEY, ABSTRACT NO. 244
JOHN G. MOSIER JOHN G. MOSIER CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330 ��0 6330 �Pv Kimipy)))Horn
601 NW LOOP 410, SUITE 350 �,y-••FESS�':A o
SAN ANTONIO, TEXAS 78216 D -•3 U • V sot Nw L°op a10, Suke 35 Tel. N°. Iz1a) 541-9166
PH. 210 -541 -9166 , ?lr1+� �i San � .Teems 78218 FIRM # 10193973 www.kknley hom.com
Stela I Dpi b Date I Prolea N°. 1 She"t No.
greg.mosier @kimley- horn.COm 2,C 22 1' =100' MGB JGM 7/2812022 864362018 20F3
BLANKENSHIP. MATTHEW 70=22 5:01 PM K:4SNA SURVEY1064362018- CIB0L0 VALLEY SCHERTZOWGIEXHIBRS1064362018 - C830LO VALLEY SCHERTZ ESMT SANITARY SEWER
0.657J3WG
69�G��`�p����GG
G
'.FS58 °46'31 "W
A:i� c) P.O. B. \\
p, %-<
N60 °59'07"E
'
4" O 16.01 / \
�J S60 °59'07 "W -
12.06'
16' WIDE SEWER
EASEMENT
VOL.1800, PG.800
OPRGC
CERTIFICATION: THIS IS A LEGAL
DESCRIPTION BASED ON A FIELD SURVEY BY
KIMLEY -HORN PERSONNEL. NO
IMPROVEMENTS ARE SHOWN. ALL EXISTING
EASEMENTS ARE NOT SHOWN. THIS IS NOT A
LAND TITLE SURVEY. SEE THE SEPARATE
LAND TITLE SURVEY UNDER JOB NUMBER
064362018 FOR ADDITIONAL INFORMATION.
JOHN G. MOSIER
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6330
601 NW LOOP 410, SUITE 350
SAN ANTONIO, TEXAS 78216
PH. 210 - 541 -9166
greg.mosier@kimley-hom.com
0.657.DWG
�\ e
............................... JOHN G. MOSIER
...............................
6330
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EXHIBIT OF A 0.657 ACRE
SANITARY SEWER EASEMENT
J. F. WALKER SURVEY, ABSTRACT NO. 244
CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS
- CIBOLO VALLEY