24-R-54 Authorizing Trail Easement Agreement Riata Land Assoc. of Homeowners Inc.RESOLUTION NO. 24-R-54
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A TRAIL EASEMENT
AGREEMENT WITH RIATA LAND ASSOCIATION OF HOMEOWNERS
INC FOR A SEGMENT OF THE GREAT NORTHERN TRAIL.
WHEREAS, city staff has planned the Great Northern Trail to follow the high -line utility
easement 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
WHEREAS, city staff has determined a trail easement is needed across property owned
by Riata Land Association of Homeowners Inc to build a connecting section of trail to the Cibolo
Valley Baptist Church section and on to the FM 1103 pedestrian improvements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes a trail easement agreement with Riata
Land Association of Homeowners Inc for a section of the Great Northern Trail (in attached
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 6� day of _ , 2024.
CITY OF SCHEFJZ, TEXAS
Ralph,Goerreayor
AT T:
Sheila Edmonds n, City Secretary
EXHIBIT A
TRAIL EASEMENT AGREEMENT
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.
TRAIL EASEMENT AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF GUADALUPE §
THAT RIATA LAND ASSOCIATION OF HOMEOWNERS INC, 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 1.07-acre (46,438.22 square -
foot) tract of land situated in the Rafael Garza Survey, abstract No. 138, City of Schertz,
Guadalupe County, Texas, and being out of Lots 77, Block 1 as depicted on the final plat of
Riata Unit 3B, recorded in Volume 7, Page 709, Map and Plat records of Guadalupe County,
Texas (M.P.R.G.C.T.) (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 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
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.
-2-
Executed to be effective as of _, 2024 (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.
GRANTOR:
By:
Name:
Title:
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of
2024 by
(SEAL)
as
on behalf of such
Notary Public in and for
The State of
My Commission Expires:
-4-
of
GRANTEE:
CITY OF SCHERTZ
Steve Williams
City Manager, City of Schertz
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2024 by
Steve Williams, 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
A-1
Ag�%
UNINTECH UNINTECH CONSULTING ENGINEERS,IN .
STRUCTURAL • CIVIL • SURVEYING
February 23, 2024
Job No. 23-209-S
Exhibit "A"
Page 1 of 2
DESCRIPTION OF A
30 FEET WIDE ACCESS EASEMENT
BEING A 1.07-ACRE (46,438.22 SQUARE -FOOT) TRACT OF LAND SITUATED IN THE RAFAEL GARZA SURVEY,
ABSTRACT NO. 138, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AND BEING OUT OF LOT 77, BLOCK 1 AS
DEPICTED ON THE FINAL PLAT OF RIATA UNIT 3B, RECORDED IN VOLUME 7, PAGE 709, MAP AND PLAT
RECORDS OF GUADALUPE COUNTY, TEXAS (M.P.R.G.C.T.). SAID 1.07-ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING FOR REFERENCE at a %-inch iron rod with a plastic cap stamped "CORWIN" found for the
common south corner of Lot 57 and Lot 58, Block 1, said Riata Unit 3B, and for a corner of said Lot 77;
THENCE North 53° 04' 00" East (North 53° 03' 40" East) departing from Lot 58 and with the common line of
said Lots 57 and 77, a distance of 99.22 (99.22) feet to a point found for the common east corner of said Lots
57 and 77, and being located in the common line of said Riata 3B subdivision and Lot 1, Cibolo Valley Baptist
Church depicted on the Final Subdivision Plat recorded in Volume 2398, Page 694, Official Public Records of
Guadalupe County (O.P.R.G.C.T.). For reference, a %-inch iron rod with a plastic cap stamped "CORWIN" bears
North 62' 55' 50" East, a distance of 1.52 feet;
THENCE South 30' 38' 12" East (South 30' 38' 32" East) departing from said Lot 57 and with common line of
said Lot 77 and said Lot 1, a distance of 11.42 feet to a %-inch iron rod with an orange plastic cap stamped
"UNINTECH" (hereinafter referred to as "with cap") set for the most northerly corner of the herein described
tract and for the POINT OF BEGINNING;
THENCE South 30° 38' 12" East (South 30° 38' 32" East) continuing with the common line of said Lot 77 and
said Lot 1, a distance of 30.13 feet to a %-inch iron rod with cap set for the most easterly corner of the herein
described tract;
THENCE South 54' 07' 22" West departing from said Lot 1, a distance of 415.84 feet to a %-inch iron rod with
cap set for a corner of the herein described tract;
THENCE South 51° 57' 02" West, a distance of 253.92 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE South 59° 57' 20" West, a distance of 203.87 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE South 49' 05' 30" West, a distance of 125.20 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE South 63° 45' 40" West, a distance of 147.42 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
2431 E. Evans Road • San Antonio, TX 78259
P: (210) 641-6003 • F: (210) 641-8279 • www.unintech.com
TBPE No. F-5499 9 TBPLS No. 1005110
AON
U�NIN NCH
7!V
February 23, 2024
Job No. 23-209-5
Exhibit "A"
UNINTECH CONSULTING ENGINEERS, INC.
STRUCTURAL CIVIL SURVEYING
DESCRIPTION OF A
30 FEET WIDE ACCESS EASEMENT
(CONT.)
THENCE South 01° 12' 04" West, a distance of 169.09 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE South 22° 44' 37" West, a distance of 82.47 feet to a %-inch iron rod with cap set for a corner of the
herein described tract, and being located in the most southerly south line of said Lot 77, same being the most
westerly northwest line of Riata Unit 4A as depicted on the Final Plat recorded in Volume 8, Page 156,
M.P.R.G.C.T., and the existing north right-of-way (R.O.W.) line of Winding Trail (called 50 feet wide) as depicted
on the Final Plat of said Riata Unit 4A;
THENCE South 59' 20' 22" West with the common line of said Lot 77 and said Riata Unit 4A, same being the
existing north R.O.W. line of said Winding Trail, a distance of 64.74 feet to an "X" chiseled in concrete for the
most southerly southwest corner of the herein described tract and for the common west corner of said Lot 77
and said Riata Unit 4A, and being located in the intersection of the existing north R.O.W. line of said Winding
Trail with the existing east R.O.W. line of Fairlawn Avenue (width varies) as depicted on the Final Plat of said
Riata Unit 4A;
THENCE North 30' 39' 38" West departing from said Riata Unit 4A and from said Winding Trail, and with the
west line of said Lot 77, same being the existing R.O.W. line of said Fairlawn Avenue, a distance of 15.00 feet to
a %2-inch iron rod with cap set for the most westerly southwest corner of the herein described tract;
THENCE North 59° 20' 22" East departing from said Fairlawn Avenue, a distance of 34.62 feet to a %-inch iron
rod with cap set for a corner of the herein described tract;
THENCE North 22° 44' 37" East, a distance of 92.01 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE North 01' 12' 04" East, a distance of 95.91 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE South 53° 04' 00" West, a distance of 92.76 feet to a %-inch iron rod with cap set for a corner of the
herein described tract and being located in the west line of said Lot 77, and in a non -tangent curve for the
existing northeast R.O.W. line of said Fairlawn Avenue;
THENCE in a northwesterly direction with the existing northeast R.O.W. line of said Fairlawn Avenue and with
said non -tangent curve that concaves to the west having a radius of 97.50 feet, through a central angle of 17°
56' 07", an arc distance of 30.52 feet (chord bears North 46' 08' 18" West, a distance of 30.40 feet) to a %-inch
iron rod with a yellow plastic cap stamped "CORWIN" found for the most westerly northwest corner of the
herein described tract and for the most westerly common corner of said Lot 77 and Lot 76, Block 1 as depicted
on the Final Plat of Riata Unit 3, recorded in Volume 7, Page 478, M.P.R.G.C.T.;
2431 E. Evans Road • San Antonio, TX 78259 Page 12
P: (210) 641-6003 • F: (210) 641-8279 • www.unintech.com
TBPE No. F-5499 • TBPLS No. 1005110
Ag�\
UNINTECH UNINTECH CONSULTING ENGINEERS, INC.
STRUCTURAL CIVIL SURVEYING
February 23, 2024
Job No. 23-209-S
Exhibit "A"
DESCRIPTION OF A
30 FEET WIDE ACCESS EASEMENT
(CONT.)
THENCE North 53' 04' 09" East departing from said Fairlawn Avenue and with the common line of said Lot 76
and Lot 77, at a distance of 56.30 feet pass a %2-inch iron rod with a yellow plastic cap stamped "CORWIN" found
for a corner of said Lot 77 and for the southwest corner of said Lot 76 and , continuing for a total distance of
121.17 feet to a %-iron rod with cap set for a corner of the herein described tract;
THENCE North 01° 12' 04" East, a distance of 47.56 feet to a %-inch iron rod with cap set for the most northerly
northwest corner of the herein described tract. For reference, a %-inch iron rod with a yellow plastic cap
stamped "STE" found for the common south corner of Lots 74 and 75, said Riata Unit 313, and for a corner of
said Lot 77 bears North 50' 07' 12" West, a distance of 42.43 feet;
THENCE North 63' 45' 40" East, a distance of 161.78 feet to a calculated point for a corner of the herein
described tract;
THENCE North 49° 05' 30" East, a distance of 124.19 feet to a %2-inch iron rod with cap set for a corner of the
herein described tract;
THENCE North 59' 57' 20" East, a distance of 204.62 feet to a %2-inch iron rod with cap set for a corner of the
herein described tract;
THENCE North 51° 57' 02" East, a distance of 252.95 feet to a %-inch iron rod with cap set for a corner of the
herein described tract;
THENCE North 54' 07' 32" East, a distance of 418.60 feet to the POINT OF BEGINNING and containing 1.07
acres (46,438.22 square feet) of land.
Notes:
An exhibit of even date was prepared in conjunction with this property description.
All bearings and distances listed in parentheses denote record data recorded on relevant subdivision plat/parent tract
deed.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone (4204), North American Datum 83, as
obtained by GPS observations and referenced to the Trimble VRS Network. Distances shown hereon are grid values in feet
and may be converted to surface by multiplying the values a conversion factor of 1.00015.
O ERq
..
Daniel B. Davis R.P. L.S. No. 6195 DANIEL B. DAVIS
..�
1....... .............
6195
2431 ntonio, TX 78259 Page 3
P: (210) 641-6003 • -8279 • www.unintech.com
TBPE No. F-549 • TBPLS No. 1005110
EXHIBIT B
Easement Exhibit Plat
A-2
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