25-R-065 Release of Agreement_East West ConnectorRESOLUTION 25-R-065
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORIZING THE RELEASE OF
THE WATER, WASTEWATER, AND ACCESS EASEMENT
AGREEMENT (EAST WEST CONNECTOR FROM
WIEDERSTEIN ROAD)
WHEREAS, the City of Schertz, Texas, received an easement from San Antonio One
Limited Partnership and San Antonio Three Limited Partnership, titled, "Water, Wastewater, and
Access Easement Agreement (East West Connector from. Wiedenstein [sic] Road", across the
Grantor's property, and said easement was recorded in the Public Records of Guadalupe County
on May 4, 2018, as document number 201899009559; and
WHEREAS, The property across which the easement exists has been subdivided and
developed and the infrastructure within the easement area has been abandoned and relocated and
the easement is no longer necessary; and
WHEREAS, the City desires to terminate and grant a release of the Easement; and
WHEREAS, a copy of the Release and Termination of the Easement Instrument, which
includes a more particular description of the Easement is shown in Exhibit A attached hereto and
incorporated herein for all purposes and has authorized such termination and release; and
WHEREAS, the Release and Termination of the Easement will be recorded in the Public
Records of Guadalupe County, Texas.
NOW THEREFORE, 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 the Release
and Termination of the Easement in substantially the form as set out in Exhibit A, and
such other instruments and documents that are reasonably necessary to effectuate the
purpose of this Resolution.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
- C�
PASSED AND APPROVED on the day of Jan `cam , 2025.
JS�
ATTEST:
Sheree Coumey, Deputy City Secretary
Exhibit A
Release and Termination of Easement
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.
TERMINATION AND RELEASE OF EASEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
WHEREAS, on May 4, 2018, SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN
ANTONIO THREE LIMITED PARTNERSHIP granted to the City of Schertz, Texas, an
Easement for the construction, use, and maintenance of public water, wastewater, and access; and
WHEREAS, the instrument memorializing the grant of Easement was recorded as Document
Number 201899009559 in the Official Public Records of Guadalupe County; and
WHEREAS, the infrastructure constructed within that easement has been abandoned; and
WHEREAS, the Water, Wastewater, and Access Easement (East West Connector from
Wiederstein Road) is no longer needed; and
WHEREAS, the City desires to terminate and grant a release of the Easement, a more particular
description of which is shown in Exhibit A attached hereto and incorporated herein for all purposes
and has authorized such termination and release.
NOW THEREFORE GRANTEE, THE CITY OF SCHERTZ, TEXAS, FOREVER
TERMINATES AND RELEASES THE EASEMENT RECORDED AS DOCUMENT NUMBER
201899009559 IN THE OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY, TEXAS,
AND IS ATTACHED HERETO AS EXHIBIT A AND AS OF THE DATE OF THIS RELEASE
AND ABANDONMENT THE PROPERTY, SO DESCRIBED, SHALL NO LONGER BE
ENCUMBERED BY THE EASEMENT.
The remainder of this page is intentionally left blank.
GRANTEE:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
Steve Williams, City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on , 20_, by Steve
Williams, City Manager of the City of Schertz, Texas, a Texas home -rule municipality, on behalf
of said municipality.
Notary Public Signature
(seal)
Exhibit A
Easement Being Terminated and Released
�0 201899009559 I IllillllllillllllllllllllllJill III
G�
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.
WATER WASTEWATER AND ACCESS EASEMENT AGREEMENT EAST WEST
CONNECTOR FROM WIEDENSTEIN ROAD
THE STATE OF TEXAS §
COUNTY OF GUADALUUPE §
GRANT OF EASEMENT:
SAN ANTONIO ONE LIMITED PARTNERSHIP and SAN ANTONIO THREE
LIMITED PARTNERSHIP, 2111 Woodward Ave. #910, Detroit, Wayne County, MI 48201,
("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) "Public Utility" shall mean water and 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 public utility and
ingress/egress purposes.
a. The Easement shall be used for public utility purposes including placement,
construction, installation, replacement, repair, maintenance, relocation,
removal, and operation of public utility 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 utility facilities and related appurtenances.
b. The Easement shall also be used for the purpose of ingress and egress across
Grantor's property to the adjacent tract of property.
4. Term. Easement shall be in perpetuity unless relinquished or abandoned by
ordinance or resolution and the official filing of a release document 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. Subject to the provisions of
Section 7., immediately below, improvement and maintenance of the Public
Utility 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 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.
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.
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
Guadalupe County 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 RZarranty. 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 21'�4' day of April, 2018.
GRANTOR:
San Antonio One Limited Partnership
byG��
Charles A. Forbes, its general partner
San Antonio Three Li it artnership
by
Charles A. Forbes, its general partner
THE STATE OF MICHIGAN
COUNTY OF WAYNE
This instrument was acknowledged before me on the 23 Iay of April, 2018, by
Charles A. Forbes in his capacity as general partner of San Antonio One Limited Partnership and
San Antonio Three Limited Partnership. 1
NOTARY PUBLIC, STATE OF MICHIGAN
LAURIE BEMIS `,\%II1411,
NOTARY PUBLIC
•STATE OF MICHIGAN `�1 MI g ,!, rye;; .i1�
COUNTY OF WAYNE �G .•••••,; 0, !/
My Commisslon EKpI Deem er I2, ZOlB ; :+,' •, :°� .
Acting in the County
1W0`
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
By: 1�5— �•�
Brian James, Acting City Manager
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on W UI , 201by
Brian James, Acting City Manager of the City of Schertz, Texas, a Texas home -rule
municipality, on behalf of said municipality.
r
E
Notdy Public Signature
(seal)
Y SARAH E. GONZALEZ
Notary Pub1l; State of Texas
My Comm, Exp.10-31-2020
ID No.12671=&g
EXHIBIT "A"
EASEMENT TRACT
EXHIBIT "A"
ACCESS, DRAINAGE, WATER,
& WASTEWATER EASEMENT
BEING a 2.4946 acre tract of land located in the Robert Martin & JF Walker Survey, Abstract No. 244, City
of Schertz, Guadalupe County, Texas, said 2.4946 acre tract of land being a portion of the remainder of a
called 200.198 acre tract of land conveyed to SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE,
j,.P., by deed as recorded in Volume 979, Page 475, Official Public Records, Guadalupe County, Texas
(O.P.R.G.C.T.), said 2.4946 acre tract of land being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2 inch iron rod with cap stamped "B.P.I." found at an east property corner of the said
San Antonio One tract, same being the south property corner of a called 21.50 acre tract of land conveyed to
Bussey's LTD., by deed as recorded in Volume 717, Page 727, O.P.R.G.C.T., said commencing point also
being a north properly corner of a called 101.385 acre tract of land conveyed to Board of Trustees of the
Schertz-Cibolo-Universal City Independent School District, by deed as recorded in Volume 4216, Page 649,
O.P.R.G.C.T.;
THENCE along the northeast property line of the said San Antonio One tract, and along the southwest
property line of the said Bussey tract, the following courses and distances:
North 30047' 14" West, 28.10 feet to a 1/2 inch iron rod with cap stamped `B.P.I.';
North 31°16'03" West, 172.07 feet to the POINT OF BEGINNING, said beginning point having a
NAD 83 Texas South Central Zone (4204) coordinate of N: 13,770,179.41 and E: 2,203,983.23;
THENCE departing said property lines, over and across said San Antonio One tract, the following courses
and distances:
South 58°43'54" West, 244.37 feet;
South 58048' 12" West, 1,823.88 feet;
South 30°51'02" West, 56.53 feet;
South 58°45'36" West, 132.29 feet to a point on the southwest property line of the said San Antonio
One tract, said point being on the northeast right-of-way line of Wiederstein Road, being a variable
width right-of-way, from said point a 1/2 inch iron rod with cap stamped `B.P.I." found at the south
property corner of the said San Antonio One tract bears, South 31° 13' 17" East, 1,382.91 feet;
THENCE North 31°13'17" West along the said property line, and along the said right-of-way line, 92.00
feet;
THENCE departing said property line, and said right-of-way line, over and across said San Antonio One
tract, the following courses and distances:
North 58°45'36" East, 132.26 feet;
North 81°05'47" East, 54.04 feet;
North 58'48' 12" East, at a distance of 1,277.98 feet passing the south lot corner of future Lot 1,
Wiederstein Ranch, being a future Addition to the said City of Schertz, Guadalupe County, Texas, to
SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - A.D.W.W.W. EASEMENT — EXHIBIT "A" — PAGE l OF 3
SPOONER ANO ASSOCIATES, ANC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 - PH. 817-685-8448 - ESPOONER@SPOONERSURVEYORS.COM - S& A #18-032
be conveyed by separate instrument, continuing along the southeast lot line of said future Lot 1, a
total distance of 1,823.86 feet;
North 58°43'54" East, 244.34 feet to the said northeast property line of the said San Antonio One
tract, same being the said southwest property line of the Bussey tract;
THENCE South 31 °16'06" East, along the said property lines, 45.00 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 2.4946 acres (108,663 square feet) of
land more or less.
The basis of bearings for this survey is NAD83 Texas South Central Zone (4204). All distance shown are
ground.
*SURVEYORS CERTIFICATE*
I do hereby certify that the above legal description was prepared from public records and from an actual and
accurate survey upon the ground and that same is true and correct.
Surveyors Name: Eric S. Spooner
Registered Professional Land Surveyor, Texas No. 5922
Spooner and Associates, Inc.
Texas Board of Professional Land Surveying No. 10054900
Surveyed on the ground April - 2018
i A � `04/25/2018
r E o� T
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< ERIC S. SPOONER >
5922
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SCHERTZ COMMERCIAL
SAN ANTONIO ONE, L.P. & SAN ANTONIO THREE, L.P. - A.D.W. W. W. EASEMENT - ExHIBIT "A" - PAGE 2 OF 3
SPOONER AND ASSOCIATES, INC, 309 BYERS STREET, #100, EULESS, TEXAS 76039 —PH. 817-685-8448—ESPOONER@SPOONERSURVEYORS.COM—SBA #18-032
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This page has been added by the Guadalupe County Clerk's
office to comply with the statutory requirement that the
recording information shall be placed at the foot of the record.
hertz
lea .he �'f-z- i�tw
201899009559
I certify this instrument was FILED and RECORDED
in the OFFICIAL PUBLIC RECORDS
of Guadalupe County, Texas on
0510412018 09 ; 28 ; 07 Ali PAGES: 11 JEANNE
TERESA KIEL, COUNTY CLERK