26-R-101 Release Water and WasterwaterRESOLUTION 26-R-101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE RELEASE OF THE
WATER AND WASTEWATER EASEMENT AGREEMENT
FROM SCRAPPY DEVELOPMENT, LLC FOR PARKLANDS
II, UNIT 1
WHEREAS, the City of Schertz, Texas received an Easement from SCRAPPY
DEVELOPMENT, LLC titled Water and Wastewater Easement Agreement across the Grantor's
property, and said easement was recorded in the Public Records of Guadalupe County on
November 29, 2022, as document number 202299035891; and
WHEREAS, the City desires to terminate and grant a release of the easement; and
WHEREAS, a copy of the Release and Abandonment of the Easement Instrument, which
includes a more particular description of the Easement as shown in Exhibit A attached hereto and
incorporated herein for all purposes and has authorized such release and abandonment; and
WHEREAS, the Release and Abandonment 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 Abandonment 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
PASSED AND APPROVED on the day of iV , 2026.
CI OF S HF�/&T TEXAS
Ralp odriguez, M r
r,
AT
1�
Sheila Edmonds n, TRMC
City Secretary
Exhibit A
Release and Abandonment of Easement
Exhibit A
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
RELEASE AND ABANDONMENT OF EASEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
WHEREAS, on November 23, 2022, Scrappy Development LLC, granted to the City of Schertz,
Texas, a Water and Sewer Easement for use of public utilities; and
WHEREAS, the instrument memorializing the grant of the easement was recorded in Document
No. 202299035891 in the Real Property Records of Guadalupe County; and
WHEREAS, the Water and Sewer easement has been platted into right of way, is no longer
needed, and is now abandoned.
NOW THEREFORE GRANTEE, THE CITY OF SCHERTZ, TEXAS FOREVER RELEASES
AND ABANDONS THE EASEMENT RECORDED IN DOCUMENT NO. 202299035891 IN
THE REAL PROPERTY RECORDS OF GUADALUPE COUNTY, 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.
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me
Williams, City Manager of the City of Schertz,
of said municipality.
GRANTEE:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
LE
on
Steve Williams, City Manager
2026, by Steve
Texas, a Texas home -rule municipality, on behalf
Notary Public Signature
(seal)
GUADALUPE COUNTY CLERK — Doc # 202299035891 1 WV2022 02:04 PM Page 1 of 12
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 AND WASTEWATER EASEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
GRANT OF EASEMENT:
Scrappy Development, LLC, a Texas limited liability company, 5210 Thousand Oaks,
Suite I318, San Antonio, Bexar County, Texas 78233 ("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 Exhibits "A" & "B",
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:
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 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 successors and assigns who at
any time own any interest in the conveyance is subject to the terms of this
agreement.
(c) "Public Utility Facilities" shall mean the water and sanitary sewer
facilities to be constructed in the Easement Property.
GUADALUPE COUNTY CLERK - Doc # 202299035891 1IrM2022 02.04 PM Page 2 of 12
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 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 and Secondary 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 and Secondary
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 and
Secondary 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. Secondary Easement. Holder has the right (the "Secondary Easement") to use the
surface of the 20-foot wide area adjacent to the Easement Property (the
"Secondary Easement Area"), to assist in the initial installation and as may be
reasonably necessary to maintain, repair, and replace the Public Utility Facilities
within the Easement Property of the Public Utility Facilities within the Easement
Property. However, Holder must promptly restore the Secondary Easement
Property to its previous physical condition if changed by use of the rights granted
by the Secondary Easement.
7. 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
GUADALUPE COUNTY CLERK - Doc # 202299035891 11199/A22 02:04 PM Page 3 of 12
obligations under this agreement. Holder has the right to remove or relocate any
fences or other encroachments within the Easement Property, and Secondary
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.
8. 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.
9. 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.
10. 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.
11. Binding Effect. This agreement binds and inures to the benefit of the parties and
their respective heirs, successors, and permitted assigns.
12. 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.
13. 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.
14_ 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.
GUADALUPE COUNTY CLERK - Doc # 202299035891 11/29/= 02:04 PM Page 4 of 12
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
GUADALUPE COUNTY CLERK — Doc # 202299035891 11/Z/2022 02--04 PM Page 5 of 12
IN WITNESS WHEREOF, this instrument is executed this 18th day of October, 2022.
GRANTOR:
SCR
a Te
By:
Nam
Title
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, in and for said County and State, on this day
personally appeared GORDON V. HARTMAN, as President of SCRAPPY DEVELOPMENT,
LLC, a Texas limited liability company, on behalf of said limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of October, 2022.
No Public
,g ..�`"rP'�. JAIME L. JOHNSON
.,. Via'.
% Notary Public. State of Texas
Comm. Expires 03-06-2025
��'' ?F�;:`�� Notary ID 126828423
GUADALUPE COUNTY CLERK — Doc # 202299035891 11129i/2= 02:04 PM Page 6 of 12
GRANTEE:
AGREED AND ACCEPTED:
CITY OF SCHERTZ, TEXAS,
a Texas home -rule municipality
By: " l�\ 141 Q �,,
Dr. Mark Browne, City Manager
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on ' y !i ti , 2022, by
Dr. Mark Browne, City Manager of the City of Schertz, Texas, a Texas home -rule municipality,
on behalf of said municipality.
Notary Public S gnature
(seal)
LPUBLIC
MONDSOj
NOTATATE OF My ros 031t
GUADALUPE COUNTY CLERK — Doc # 202299035891 1 U29/2022 02:04 PM Page 7 of 12
EMHBIT "A"
EASEMENT PROPERTY
GUADALUPE COUNTY CLERK — Doc # 202299035891 1 lrM= 02:04 PM Page 8 of 12
i.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM
ESTABLISHED FOR THE TDCAS SOUTH CENTRAL ZONE 4204, NORTH
AMERICAN DATUM (NAD) OF 1983.
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ
AND GUADALUPE COUNTY ORDINANCESAND RESTRICTIONS, \ e
3. METES AND BOUNDS WERE PREPARED FOR THIS EXHIBIT. �r
4. ADJOINERS SHOWN HEREONARE PER CURRENT GUADALUPE �� �00
COUNTYAPPRAISAL DISTRICT RECORDS AND OFFICIAL PUBLIC SCALE: 1-4o
RECORDS OF GUADALUPE COUNTY, TEXAS 0,'
i
LOCATIONMAP
REMAINING POR77ON OFA NOT -TO -SCALE
194.56 ACRE TRACT
ROLLING HILLS RANCH
\\ DEVELOPMENT, LTD.
(VOL. 2260, PG. 356O.P.R.)
OSTENSIBLE ORIGINAL / FIR _ _ SBB° SO' 31'W FIR 80.00 ACRE TRACT
'SURVEY LIVE r� "� a 1 S7S,, 2092r.08'_ . i �;� SUZANNEL SCHOTT
JOHN NOYESSURVEYNOZ`•i9, r \',<-�\ � _8Z4.2 =,w I v(VOL 2944 PG. 6400.P.R.)
ABSTRACT NO 253f�-�— , __- • . 4%lik
7��oy60.80ACRETRACTEMAUWUELA OELOS SAN SCRAPPYDEVELOPMENT,LLC. �rAesrRAcr7arEz - (DOC. NO.201899009779 O.P.R.) 'fI12618� 13 E
REMAINING PORTION OPA I r I I PROPOSED r
194.56ACRETRACT I I [ I THEPARKLANDS II P - - �—yT+
ROLLING HILLS RANCH I I IISUBDIVISIONUNIT
DEVELOPMENT, LTD. f I1 - - - sst s ' t "
(VOL. 2260, PG. 355 O.P.R.) �� �� I
LOT 7
BLOCK 1
PROPOSED 15'PUBLIC _ •- ��
r P.O.B.
\
UTILITYEASEMENT -'�_
I/L'
•
� o.o»z oFanr
SiR
ACRE TRACT
(750 SQ.FT.)
15' X 50' DRAINAGE WATER
PROPOSED
J
N AND SEWER EASEMENT
J
PINDER WAY
(50' R.O. W.)
Lhm Table
UNE#
DIRECTION
LENGTH
L1
N66°50'311E
15.00,
L2
S23°0929-E
50.00'
L3
S66°5031-W
15.00'
L4 I N23-0929"W_50.00'
SYMBOLLEGEND
® FIR FOUND ir2"IRON ROD OR AS NOTED
® SIR SET 1/2" IRON ROD WITH A BLUE CAP
STAMPED 'KFW SURVEYING"
• CALCULATED POINT
O.P.R. OFFICIAL PUBLIC RECORDS OF
REAL PROPERTY OFGUADAUPE
COUNTY, TEXAS
P.O.B. POINT OF BEGINNING
1-3 LOT900 ' __PROPOSED 15'PUBLIC
I J BLOCK i UTILITY EASEMENT
I
I
LOT1
REGISTERED PROFESSIONAL
LAND SURVEYOR NO.5672
cweeowa�ru —' V�' 0 ~ DATE OF SURVEY: 05/26/2022
rsr�cra<d8mra°DOF A°° r�aoemne8rurcrs °dL"W �wa�ou°rORrmtrx>+r� PROJECT NO.: 17-132
R nwiesram>zu•rucsrxsa.s9
e EXHIBIT OF Rs�wrs
A 4MOf72 OFANACRE 7RACT OPLAND,, SEWG A 15W ActAINAGE WATER
rpaq�us•wrtvevwo AND SEWER EASEMENT, GUADALUPE COUNTY. 7EXAS. •x�
� b�c.wv.e°y1nn,Musuaton are °s�ssmz oesame nu
....,........ ......,....,:., .. aeawe uo Cf c vu SHEET 1 OF i
GUADALUPE COUNTY CLERK — Doc # 2112299035891 1 V2VA22 02.04 PM Page 9 of 12
eKarr *4
Z of Lr.,.,FW
ENGINEERS t SURVEYING
has Iolnad calliers Wngin"HisS i Deslln
TBPE FIR14 W9513 / TBPLS FIRM 9101223-00
FIELD NOTES FOR
A 0.0172 ACRE TRACT (750 SQUARE FEET)
A 15'x50' DRAINAGE, WATER AND SEWER EASEMENT
A 0.0172 of an acre tract of land, being a 15 foot by 50 foot Drainage, Water and Sewer Easement situated in
the Emmanuela De Los Sanotos Coy Survey, Abstract Tate 2, Guadalupe County, Texas, over and across a 60.80
acre tract as conveyed to Scrappy Development LLC of record in Document No 201899009779 of the Official
Public Records of Guadalupe County, Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a set %" iron rod with a Blue Plastic Cap Stamped "KFW SURVEY" for the southeast corner of
Proposed Lot 7, Block 1 of the Parklands II Subdivision Unit 1 and the northwest corner of the easement
described herein, from which a found %" iron rod for an interior corner of the remaining portion of a 194.56
acre tract as conveyed to Rolling Hills Ranch Development, LTD. of record in Volume 2260 Page 355 (OPR) and
the northwest corner of the 60.80 acre tract bears, S 75`33'53" W, a distance of 824.24 feet,
THENCE: Over and across the 60.80 acre tract the following four (4) courses:
1. N 66050'31" E, a distance of 15.00 feet to a calculated point, for the northeast corner of the easement
described herein, from which a found Y2" iron rod in the southerly southwest line of an 80.00 acre tract
as conveyed to Roland K. & Suzanne L. Schott of record in Volume 2944 Page 640 (OPR), forthe easterly
southeast corner of the 194.56 acre tract and the northeast corner of the 60.80 acre tract bears,
N61'11'13"E, a distance of 1,268.54 feet,
2. S 23009'29" E, being 15 feet from and parallel to the northeast termination line of Proposed Pinder
Way, a distance of 50.00 feet to a calculated point in the northwest line of Proposed Lot 900, Block 1
of The Parklands II Subdivision Unit 1, for a point of curvature of the easement described herein,
3. S 66°50'31" W, a distance of 15.00 feet to a set Y2" iron rod with a Blue Plastic Cap Stamped "KFW
SURVEY" for a point of curvature of Proposed Lot 900, Block 1 of The Parklands II Subdivision Unit 1
and for the southwest corner of the easement described herein, and
4. N 23°09'29" W, along and with the northeasttermination line of Proposed Pinder Way, a 50 footwide
right-of-way, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.0172 of an acre
tract or 750 square feet more or less situated in City of Schertz, Guadalupe County, Texas and being
described in accordance with an exhibit prepared by KFW Surveying. Basis of Bearing is NAD83 Texas
South Central Zone. Distances recited herein are surface distances calculated by using aA average
combined factor of 0.99984364551. / / ,
Job No.: 17-132
Prepared by: KFW Surveying
Date: May 26, 2022
File: S:\Draw 2017\17-132 Pinder Tract\DOCS\ FN 0.0172AC DRN, WTR I
GUADALUPE COUNTY CLERK — Doc # 20229903.5891 11►V20r2 02:04 PM Page 10 of 12
1.BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM
�me
ESTABLISHED FOR THE TEXAS SOUTH CENTRAL ZONE 4204, NORTH
AMERICAN DATUM (NAD) OF 1983.
OF Z
2. THE TRACT SHOWN HEREON IS SUBJECT TO ALL CITY OF SCHERTZ
AND GUADALUPE COUNTY ORDINANCES AND RESTRICTIONS.
3. METES AND BOUNDS WERE PREPARED FOR THIS EXHIBIT.
4. ADJOINERS SHOWN HEREON ARE PER CURRENT GUADALUPE
COUNTYAPPRA/SAL DISTRICT RECORDS AND OFFICIAL PUBLIC SCALE: 1
RECORDS OF GUADALUPE COUNTY, TEXAS. a 4a
LOCATION MAP
REMAINING PORTION OFA NOT -TO -SCALE
194.56 ACRE TRACT
ROLLING HILLS RANCH
DEVELOPMENT, LTD.
(VOL 2260, PG. 355 O.P.R.)
FIR S66'50'31•W-- FIR 80.00ACRETRACT
OSTENSIBLE MOVAL / ' ~'• - ROLAND K. &
LSURVEY LINE , 2092.08'�
\ V \ I _ SUZANNE L. SCHOTT
OYESSURVEYNO2M' \(VOL2944PG.640O.PP-)
esrRacTNo2ss6U.80ACRETRACT
`f� ��; —_ SCRAPPY DEVELOPMENT,LLC_
EMMANUEIA TRAG ,,� TATE a OYSURVEY. /� r j — (DOC. NO. 201899009779 O.P.R.ABS
I( ( r1 \\ I PROPOSED 1' ,bZ-
\ f THE PARKLANDS 11 l?
REMAINING PORTION OFA E I \ / SUBDIVISION UNIT 1 ,y / y'V
194.66 ACRE TRACT
ROLLING HILLS RANCH /
DEVELOPMENT, LTD.
(VOL 2260, PG. 355 O.P.R.) I� ---�{ I .y �6� ~ /
I
' i
tors
BLOCK 6 f
Une Table
UNE#
DIRECTION
LENGTH
PROPOSED
L1
N16°34'50"E
60.00'
` FIELD PLACE sm
(50, R.O. W..)
OF 1�
L2
S73 59W9 E
16 00'
�` ^
V
y
�►� F'�1.�SRFO':;N
L3S16WISO
W
5000'
\
••••s•••...............TER...r....
L4
N73"59W'W
15.00'
P.O.B. ' ,�
r�
...... A SEIDEL
...;..
O � V
LOT 17
•�,AG 5672...Pvj... U
\
SYMBOL LEGEND
SIR
BLOCK5 f'�
�-
�� pfS81Q�'p� �\
o suav
O FIR FOUND 12" IRON ROD OR AS NOTED
/r
r
® SIR SET12"1RONRODWITHABLUECAP
STAMPED 7CFW SURVEYING"
0.0112 OF AN
a
• CALCULATED POINT
ACRE TRACT
O.P.R. OFFICIAL PUBLIC RECORDS OF
(7W SQ.FT.)
c
REAL PROPERTY OF GUADAUPE
15' X 50- DRAINAGE, WATER
ESA D
COUNTY, TEXAS
AND SEWER EASEMENT
RE OFESSIONAL
P.O.B. POINT OF BEGINNING
LANDSURVEYOR. 5672
L:TSEI EERS COM
AR'YCO.PIA9Vfd/�1A40fA0IlE6Hi41[ES
IOY/gK11EWYm
aw"rmec.Fnm
DATE OF SURVEY: 05/26/2022
p
»"�rmr'F'Arar°d'iOfPdm.a A.oAnr7nm
wo�ea.asan: w.•rsssmn
PROJECTNO.:17-132
k
EXHIBIT OFaw
A 0.0172 DFANACRE TRACT OF LAND, BEING A }SXW'DRAINASE, WATER
AND SEWER EASEMENT, GUADALUPECOUNTY, TEXAS
Js"a rF.n
a
hn yJnN O.NNp F..ghiiwinp 60.a1yn
Y.1! [e"sRn �E9Gi1L 'A.
SHE ET• 10F1
GUADALUPE COUNTY CLERK — Doc # 202299035891 11129V2022 02:04 Phl Page 11 of 12
Z Aoi Zaw
ENGINEERS t SURVEYING
has lolrwd COW* Qntlln coons a Doom
FIELD NOTES FOR TOPE FIRM 119513 / TSPLS FAR" #101223.00
A 0.0172 ACRE TRACT (750 SQUARE FEET)
A 15'x50' DRAINAGE, WATER AND SEWER EASEMENT
A 0.0172 of an acre tract of land, being a 15 foot by 50 foot Drainage, Water and Sewer Easement, situated in
the Emmanuela De Los Sanotos Coy Survey, Abstract Tate 2, Guadalupe County, Texas, over and across a 60.80
acre tract as conveyed to Scrappy Development LLC of record in Document No 201899009779 of the Official
Public Records of Guadalupe County, Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a set %" iron rod with a Blue Plastic Cap Stamped "KFW SURVEY" for the southeast termination
corner of Proposed Field Place, a 50 foot wide right-of-way, and the northeast corner of Proposed Lot 17, Block
5, both of The Parklands I1 Subdivision Unit 1 and the southwest corner of the easementdescribed herein, from
which a found 3a" iron rod for an interior corner ofthe remaining portion of a 194.56 acre tract as conveyed to
Rolling Hills Ranch Development LTD. of record in Volume 2260 Page 355 COPR) and the northeast corner of
the 60.80 acre tract bears, N 71'41'24" W, a distance of 1,047.61 feet,
THENCE: Over and across the 60.80 acre tract the following four (4) courses:
1. N 16°34'50" E, along and with the east termination line of Proposed Field Place, a distance of 50.00
feet to a set%" iron rod with a Blue Plastic Cap Stamped "KFW SURVEY", for the northeast termination
corner of Proposed Field Place and the northwest corner of the easement described herein,
2. S 73°59'33" E, a distance of 15.00 feet to a calculated point, for the northeast comer of the easement
described herein, from which a found 1h" iron rod in the southerly southwestline of an 80.00 acre tract
as conveyedto Roland K. & Suzanne L. Schott of record in Volume 2944 Page 640 COPR), for the easterly
southeast comer of the 194.56 acre tract and the northeast corner of the 60.80 acre tract bears,
N39°02'31" E, a distance of 1,427.69 feet,
3. S 1.6°34'50" W, being 15 feet from and parallel to the east termination line of Proposed Field Place, a
distance of 50.00 feet to a calculated point for the southeast comer of the easement described herein,
4. N 73°59'33" W, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.0172 of an
acre tract; or 750 square feet more or less situated in City of Schertz, Guadalupe County, Texas and
being described in accordance with an exhibit prepared by KFW Surveying. Basis of Bearing is NAD83
Texas South Central Zone. Distances recited herein
average combined factor of 0.99984364551.
lob No.: 17-132
Prepared by: KFW Surveying
Date: May 26, 2022
File: S:\Draw 20l7\17-132 Pinder Tract\DOCS\ FN O.0172AC DRN,
kg an
%PUMUP J-UrC 4.VUN 1 T L.LCmft — u0t; FF LULL?JyUJOOy'1 I liz 7ILV[L L-.Uv rul rage 7L VI 'IL
FILED and RECORDED in the OFFICIAL PUBLIC RECORDS
Honorable Teresa Kiel, Guadalupe County Clerk
Document Number:
Recorded On:
Total Pages:
Total Fees:
202299035891
November 29, 2022 02:04 PM
12
Discriminatory restrictive covenants based on race, color, religion contradict the
14th Amendment's Equal Protection Clause and are therefore unenforceable
under federal law_ Supreme Court Decision Shelly v. Kraemer 1948.
THIS PAGE CONTAINS IMPORTANT RECORDING INFORMATION
AND SHALL REMAIN A PART OF THIS INSTRUMENT.
Receipt Number: 20221129000096
User: Leah D
Station: Production 4
STATE OF TEXAS
GUADALUPE COUNTY
Return To:
CSC
I hereby certify this instrument was ELECTRONICALLY FILED and RECORDED in the OFFICIAL
PUBLIC RECORDS of Guadalup
e County, Texas on the date/time printed above.
0%3W COti P w��� G
Teresa Kiel
Guadalupe County Clerk
- �y Guadalupe County, TX