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25-R-103 Payment for Easement Parcel 5 of the IH 35 NEX ProjectRESOLUTION 25-R-103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PAYMENT FOR THE EASEMENT ALONG PARCEL 5 OF THE IH 35 NEX PROJECT. WHEREAS, the Texas Department of Transportation (TxDOT) is undertaking the Interstate Highway 35 North East Expansion (IH 35 NEX) Project and has acquired additional right of way for the widening of the highway; and WHEREAS, the City of Schertz has existing utilities and easements that are now in conflict with the planned TXDOT improvements to IH 35; and WHEREAS, the State of Texas will pay to the City of Schertz the costs incurred in adjustment, removal, and relocation of the existing utilities, including easements; and WHEREAS, the City Council authorized a Task Order Agreement with Halff Associates, Inc. for the design services which includes easement acquisition services in Resolution 23-R-106; and WHEREAS, Halff Associates Inc. has negotiated with the property owner and the property owner has agreed to the offer to acquire the easement; and WHEREAS, the City Council authorized the City Manager to execute easement documents in conjunction with the utility relocation in Resolution 25-R-049; and WHEREAS, City Staff has recommended that the City purchase the easement on Parcel 5 for the relocation of utilities along Interstate Highway 35. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the payment of $56,124.32 for the easement along Parcel 5 in substantially the form set forth on Attachment 1. 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 APPROVED on the " day of bQJ , 2025. ATT . 1 Sheila Edmond on, City Secretary Exhibit A Wastewater Easement Agreement for Parcel 5 IH 35 NEX Project son now h August 4, 2025 AVO 35005.015 City of Schertz Attn: Eric Schulze, PE City of Schertz 10 Commercial Place, Bldg 2 Schertz, TX 78154 Re: Parcel No.: 5, Funding Request Package Dear Eric: The following documents are enclosed in support of a payment request in the amount of $56,124.32 to Alamo Title Company.: 1. Copy of Water Easement Agreement (will be executed by City at closing) 2. Alamo Title Company W9 3. Copy of Preliminary HUD The property is a partial acquisition, and no displacement will occur. The Deletion of Arbitration Provision will be signed at closing. There are no parties in adverse possession and are no visible or apparent easements located on the parcel that is not addressed in the title commitment. The title company will distribute the funds and be requested to collect and pay taxes for prior years, if any. Pertaining to taxes for the current year, the title company will have the seller sign a notification that the seller will be responsible for a prorate share of taxes for the year 2025 which will be billed by the taxing agency(s) at a later date. Processing for payment is requested. If you have any questions or comments, please do not hesitate to contact me at 956-445-5238 or ,corpusLtphalff.com. Thank you. Sincerely, HALFF ASSOCIATES, INC. Lorena Corpus ROW Specialist Enclosures 711 N. Carencahua St., Suite 1190, Corpus Christi, TX 78401 1 hatff.cem 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 COMAL § GRANT OF EASEMENT: NOLLEY CARIBEEAN PROPERTIES, LLC a Wyoming limited liability company, 300 Arcadia Court, 9370 McKnight Drive, Pittsburgh, PA 15237-5548. ("Grantor"), for the sum of Fifty -Five Thousand and No/100 Dollars ($55,000.00) 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 Schertc 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 wastewater facilities. 2. Character ofEasement. 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 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. 4. Term. Easement shall be in perpetuity unless relinquished or abandoned by ordinance or resolution by Grantee. 5. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and Grantor and Grantor's heirs, successors, and assigns retain the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not (i) interfere with the use of the Easement Property by Holder for the Easement Purpose, nor (ii) may Grantor construct any building, structure or obstruction on the Easement Property. The right to convey to others the right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. Written approval of Holder must be obtained prior to any use or improvement of Easement Property. 6. Improvement and Maintenance of Easement Property. 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. 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. Eguitahk Rights ofEnforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions wilt 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 obtainingan 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 ofDefault. It is not a waiver of or consent to default if the non -defaulting party fails to declare immediately default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 14. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 15. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 16. Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable. 17. Legal Construction. Any provision in this agreement is for any mason 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. 14. Recitals/Exhibits. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement All exhibits referenced herein are attached hereto and incorporated by reference herein for all purposes. 20. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, this instrument is executed this day of — — , 20_, GRANTOR: Nolley Caribbean Properties, LLC, a Wyoming limited liability company, By: Ro, Id Rayllo ember THE STATE OF TEXAS § COUNTY OF__� § This instrument was acknowledged before me on 1 , 20k5 by Ronald Ray Holley, as member of Nolley Caribbean Properties, 41C, a Wyoming limited liability company, on behalf of said limited liability rAompanv,. l Noy. ry'Public Signat, e (seal) ✓llll!!!!lllflltll!!!l!./� rp�e� HAILEY UHL X xati 129554748 j {� NOTARYPUBLIC, .STATE OF TEXAS i MY COMMISSION PI RES 3 NOVEMBER 152025 Yllllll�C�IJC/.Illlr.�lllll.,�! GRANTEE: AGREED AND ACCEPTED: CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality By:_ _ Steve Williams, City Manager, City of Schertz 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, on behalf of such City. Notary Public Signature (seal) EXHIBIT `4A" EAMNMNT TRACT !Se h a Lff Page 1 of 3 August 9, 2024 County: Comal Highway: IH 35 C. C. S.J .: 0016-05-111 R. C.S.J.: 0016-06-115 AVO: 35005.015 LEGAL DESCRIPTION OF 0.2189 ACRE SANITARY SEWER EASEMENT Being a 0.2189 acre (9,534 sq. ft.) parcel of land situated in the Rafael Garza Survey, Abstract No. 175 and being a portion of a called 80.4998 acre tract of land described as Tract 1 to Nolly Caribbean Properties, LLC recorded on June 15, 2017 under Document Number 201706029109 of the Offscial Public Records of Comal County, Texas (O.P.R.C.C.T.); said 0.2189 acre parcel being more particularly described as follows: COMMENCING, at a % inch iron rod found for a north comer of said 80.4996 acre tract and the southeast corner of a called 0.0342 acre tract of land described as Tract 2 to the Purpose Church recorded on September 28, 2022 under Document Number 202208042907 of the O.P.R.C.C.T. from which a % inch iron rod found at an angle comer of said 80.4996 acre tract bears South 830 57' 27 East, a distance of 263.09 feet; THENCE, South 810 13' 01" West, crossing said 80.4996 acre tract, a distance of 73.78 feet to a % inch iron rod with blue plastic cap stamped "HALFF ESMT" set for the POINT OF BEGINNING and the east corner of the herein described parcel, having surface coordinates displayed in U.S. survey feet of N: 13,779,278.15, E: 2,212,691.72; 1) THENCE, South 59° 20' 330 West, continuing across said 80.4996 acre tract, a distance of 700.80 feet to a % inch iron rod with blue plastic cap stamped "HALFF ESMT' set on the east line of a called 0.517 acre variable width utility easement described to the City of Schertz, Texas recorded on February 10, 2022 under Document Number 202206006618 for the southwest comer of the herein described parcel; 2) THENCE, North 370 05' 33° East, continuing across said 80.4996 acre tract and along the east line of said 0.517 acre easement, a distance of 37.39 feet to a % inch iron nod with blue plastic cap stamped °HALFF ESMr set for the northwest comer of the herein described parcel; 3) THENCE, North 59° 21' 14" East, continuing across said 80.4996 acre tract and along the southeast line of a called 0.283 acre 16 foot sanitary sewer easement described to Guadoo Municipal Utility Districts No. 1 and No. 2 recorded on September 25, 1986 in Volume 531, Page 835 of the O.P.R.C.C.T., a distance of 652.14 feet to a % inch iron rod with blue plastic cap stamped "HALFF ESM17 set for the northeast comer of the herein described parcel; 4) THENCE, South 75' 43' 01" East, continuing across said 80.4996 acre tract and along the south line of a called 0.013 acre variable width utility easement described to the City of Schertz, Texas recorded on February 10, 2022 under Document Number 202206006619, a distance of 19.86 feet to the POINT OF BEGINNING and containing 0.2189 acre (9,534 sq. ft.) of land; 100 NE Loop 410, Suite 200. San Antonio, TX 78216 1 halff.00m Page 2 of 3 August 9, 2024 NEW haff Notes: 1. The basis of bearing is "grid north". All bearings and coordinates shown are based on the Texas State Plane coordinate system, South Central Zone (4204), North American datum of 1983 (NAD 83) 2011 adjustment, epoch 2010.00 2. All coordinates and distances shown are surface and may be converted to grid by dividing the project surface adjustment factor of 1.00017. 3. All horizontal values were derived and verified by GPS (RTK) observation using the TxDot VRS network, TxDot RRP Station Guadalupe TXSE 4. All measurements are in US survey feet 5. A property description of even date was prepared in conjunction with this plat. 6. Abstracting completed July 10, 2024. 7. Field surveys completed August 1, 2024. Commitment for title insurance prepared by Alamo Title Insurance, GF No. SAT-08-4000082401326, effective date of June 23, 2024, and issued on June 28, 2024. I hereby certify that this survey was made on the ground of the property shown hereon, under my supervision. �&� "i Amanda M. Jon Registered Professional Land Surveyor Texas No. 7010 T.B.P.E.L.S. Surveying Firm No. 10194444 100 NE Loop 410, Suite 200, San Antonio, TX 78216 1 halff.com 402 i . J i 203 V16MMlYMAP. N.rSt "EXHIBIT AO CALiLV a0342ACRB7RACr'! 7ME 2CHLR fI , �r DOG Na Z02205DQ 07 o.P.B.GCr.RECORDED =� S07EWM 29 2022 � U � / o ACRO riCCrI Na 2W200002807 g °RECORDED ' SEPIEMBER 28, 2022 S7S•IS'01•!: :; P.O.C. I986' o saln3rol•w 1 73.7V M DETAR. s ip x ZI• ISO 30 1 P.O.B. RAFAEL CAM SURVEY E2,06917e7 ABSTRACT NUMBER 275 ]0' �AMACRE SEMM MSEMEW - I L7ETAIL e• MII AND AKL 2 °.PA r-r. AEWWWSP1FA18EA2S I906 3 INTARYSEWEi 9J34 SO. Fr. ! i CA EDa0.W96AL7LE TRAcroAE HOLLY CARWA ANMWPLSt W,LLC AC i i I DOG APO.201706=109 AEDDADEDJUNEIS 2017 I sEE N 37'0 PARENT TRACT INSET ura - - •- CALLED 0.2MAM - RARL27.229 ` SrATEOF7EM DOG NO. 2022060al 89 CAUM P.on AM cw.R=r VARIA9LrcwLDTiltlnUMEASFiMENr RECORDEDFMRfJMY2.20 ial 714E CTWGFSL N0= N WLS �J DOG Na 202206006M OA&=T. RECORDL O FEBRWRY I0, 2022 LEGEND — • — 8Xff WOAKWrGFVAW FMCFEWLM — � EIDSTWQFiTLBYF — LAST0WXROifOFWAYPM11= WE LDIBLD LQiNCNLAON AOD LWBB5xmw 0 5Er1a0LRu0Na00N7MWAlECAPSTAWWW4f>fPM ♦ CAIL7AATLW IOW PAIL. PQW QFBEGi ►.O:G AODUTOl9iDMA1l91®LglT RAW. AIGMTOFWAY OIAGGT. oFACALmm"EDO1 m emu C00 m TV"S Nom. 2.THER050faEARRMSVRONCIAT :AUBFARINGSAMOCOORCIVAaW SUONMARBACSWGN7W7EASSTMT&PIMIE000RW MSYSn, SdJIH CSWPAL Z0ff (41DQ MORTNANGIOW OA7LMM OF I9B3 GWDU 26I] AIaRSDA V . ff0012W090 2. ALL 000ROMTAW AW OYSfANCES SMOWMAMSURFACE AAW MAYBE CONVBMTDGRIDSYOMDMIOTW PA0¢ICTSLRAAMAM7MOTTFACMOF 1.00017. S.ALL AWRRBMYML VAUIES WOE DENMAND V RMV BY OF$ OM TAK WME TTXDOfVRSNY1GRl( MWAAPSTAWN 4. ALL OW&MRW1lMARE W YSSIAWEYfWr. &A PROMIrDSOWWWOFPMDA7EWASM AAMLVCMWCDONWmf TMIS PUT. B. ABSTRACIM CONNOMP"ll 2W4. L-7m" AGGNSTI.2024. - ,I CA L.ED o0.W96ACRE 7RACTDAIE HOLLY r'oSBE!N PROS LLC DOGNO.2027000291o8 r � AL9COADED�E� 2oI7 -SmffmYSE1V1t z4mu4w &IM ACRE 9.04 % Fr. �PMC RWOFEDRUARYU4M22 I \ \ CALLEDIrSAWARYEMEWOff VOL. X PLC.129 Opp SEPIEwm 20.1976 I DETALL W N.T.S. .•'' SAfWTARYS#WER Maw d dI 9;534 S0. FT. i yea 1 `Pry !...... A"M'A• N.T.S. CITY OF SCHUTZ TEXAS RKRlQ=WAMN=V0= SCHE- RTZ IomlI*comlon half m,$ExmmmTEI*ww YN AMIOlf10.' T�016 T12q FMI 7Mn S" AANnoy►f�h0w,eX Loop 4I D CDIN8TI1EMiTfOA 71TLl WSLOtANLfPAL44tRtD © 2024 Z30.Q1S.1I10 i8729 BYAMANDM EM5UUA=DFNO. 20-081000 AM1M 6KFCRVEDATE OF AW2a.2WANDWWD0NXW2a.2o2,L SANJTAR .2189ACRE EASEMENTl HEREBY CERMTMNT7TA9 SUMW WAS MIDEON7!lEGRDlAMOOF7M0FROFEAi1' At0E30P8 57IOWAIM6IBOVCYNOERNY5l1PEANSADN FFDBMALAOmiECma Immm SOD:'lAAiOra+ OS Da 2024 ° '"u 3206. Mk DATE STATE Mr.. COLWMY UNDSURVEM TEZAS 24 mJUt TEXAS REG67R.lT=An 7010 cca,►• 0n. as 111 - -- A.W. OHS I OS I in germ w -9 Request for Taxpayer Give form to the (Rev. March 2024) identification Number and Certification requester. Do not Department Rev of the Treasury Go to www.1rs,gov1FormWB for Instructions and the latest Information. send to the IRS. Infernal Revenue Service Before you begin. For guidance related to the purpose of form W-9, see Purpose of Form, below, 1 Name of entity/Indlvidual. An entry Is required. (Far a sole proprietor or disregarded entity, enter the owner's name online 1, and enter the business/dieregarded entity's name on lure 2.) Alamo Title Company _ 2 Business name/disregarded entity name, If different from above. C H 3a Check the appropriate box for federal tax classification of the entilyAndlvfduai whose name Is entered on fine 1. Check only one of the following seven boxes. ❑ Indlvidual/sole proprietor ❑✓ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the 'LLC' box above and, In the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless It Is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of Its owner, ❑ Other (see Instructions) 4 Exemptions (codes apply only to oertaln entities, not Individuals; see Instructions on page 3): Exempt payee code pf any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) 3b If on tine 3a you checked "Partnership" or "Trust/estate," or checked "LLO" and entered "P" as Its tax classification, � (Applies to accounts mafnaahred and you are providing this form to a partnership, trust, or estate in which you have an ownership Interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions ❑ cues ac counts mashes.) Address (number, street, and apt, or suite no.). See Instructions. 3100 City, state, and ZIP code List account number(s) here (optlonao Requester's name and address (optional) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN), However, for a I social secunty number resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other 11:T1_1T1_1 entities, it Is your employer Identification number (EIN). If you do not have a number, see Now to get a or TiN, later, Emntover identification number Note: If the account Is in more than one name, see the Instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 7 4 — r1161519191013 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and S. I am a U.S, citizen or other U.S. person (defined below); and 4, The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Indlviduai retirement arrangement (IRA), and, generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later, Sign Signature of Here I u.s. person pate General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to wwwdrs.gov1FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that Is a disregarded entity should check the appropriate box for the tax classlfloatloh of Its owner. Otherwise, It should check the "LLC" box and enter Its appropriate tax classificatfon. New line 3b has been added to this form, A flow -through entity Is required to complete this line to indicate that It has direct or Indirect foreign partners, owners, or beneficiaries when It provides the Form W-9 to another flow -through entity In which It has an ownership Interest. This change Is Intended to provide a flow -through entity with Information regarding the status of its Indirect foreign partners, owners, or beneficiaries, so that It can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3, See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS Is giving you this form because they Gat. No. 10231k Form W-J (Rev. 3-2024) Alamo Title Company 434 N. Loop 1604W, Suite 2208, San Antonio, TX 78232 Phone: (210)499-5872 1 Fax: (210)499-4097 MASTER STATEMENT Settlement Date: Escrow Number: 4000082401326 Disbursement Date: Escrow Officer: TEAMOF3 Buyer: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154 Seller: Nolley Caribbean Properties, LLC, a Wyoming limited liability company 300 Arcadia Dr Pittsburgh, PA 15237 Property: Parcel 5 IH 35 Schertz, TX 78154 Being a 0.2189 acre (9,534 sq. ft.) parcel of land situated in the Rafael Garza Survey, Abstract No. 175 and being a portion of a called 80.4996 acre tract of land described as Tract 1, Comal County, Texas. SELLER BUYER $ DEBITS $ CREDITS $ DEBITS $ CREDITS FINANCIAL CONSIDERATION 55,000.00 Sale Price of Property 55,000.001 TITLE & ESCROW CHARGES eRecording Fee- Buyer FBO CSC e-Recording Services, Inc. (with 360) to Alamo Title Company Escrow Fee to Alamo Title Company Title - State of Texas Policy Guaranty Fee to Texas Title Insurance Guaranty Association Tax Cert to Alamo Title FBO National TaxNet Owner's Title Insurance to Alamo Title Company Policies to be issued: Owners Policy Coverage: $55,000.00 Premium: $529.00 Version: Owner's Policy of Title Insurance (T 1) - 2014 GOVERNMENT CHARGES Recording Fees to Alamo Title Company FBO Recording Services 55,000.00 Subtotals Balance Due FROM Buyer 55,000.00 Balance Due TO Seller 55,000.00 55,000.00 TOTALS 4.32 500.00 2.00 44.00 529.00 45.00 56,124.32 56,124.32 56,124.32 56,124.32 Page 1 of 2 (4000082401326157) August 04, 2025 09:32 AM MASTER STATEMENT - Continued APPROVED and ACCEPTED Buyer and Seller understand the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Buyer and Seller understand that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Buyer and Seller direct. The undersigned hereby authorizes Alamo Title Company to make expenditures and disbursements as shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement, 1 have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. 1 further certify that I have received a copy of the Settlement Statement. SELLER: BUYER: Nolley Caribbean Properties, LLC, a Wyoming limited City of Schertz, Texas liability company BY: BY, Ronald Ray Holley Member To the best of my knowledge, the Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. Alamo Title Company Settlement Agent Page 2 of 2 (4000082401326157) August 04, 2025 09:32 AM