ORD 524 6/12/2001ORDINANCE NO. 5a4
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CIBOLO,
TEXAS, TO SIGN A WATERLINE EASEMENT IN FAVOR OF THE
SCHERTZ/SEQUIN LOCAL GOVERNMENT CORPORATION ON CIBOLO CITY
LAND WITHIN THE CIBOLO INDUSTRIAL PARK.
1. Whereas the Schertz/Seguin Local Government Corporation is engaged in a project to
construct a water pipeline system, part of which is designed to pass through the City of
Cibolo;
2. And whereas such water pipeline will enable water from a source not otherwise
available to the City of Cibolo to pass within the corporate limits of Cibolo and may
therefore become available as one of the sources for future water for the City of Cibolo;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO:
THAT a waterline easement, as fully described in the attached exhibits A and B, for and
in consideration of the fair market value of said easement shall be granted to the
Schertz/Seguin Local Government Corporation, and the Mayor of the City of Cibolo,
Charles R. Ruppert, is hereby authorized and directed to execute a Waterline Easement as
described in the attachments hereto.
PASSED, APPROVED, AND ADOPTED THIS 12" DAY OF JUNE, 2001.
"or
CHARLES $. RbPPEkt
Mayor, City of Cibolo
ATTEST:
"Mul "-
ttoGriffin
�ty Secretary
GU—147AAAA City of Cibolo
To: Schertz/Seguin Local Government Corporation
WATERLINE EASEMENT
STATE OF TEXAS §
COUNTY OF GUADALUPE §
WHEREAS, THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION,
hereinafter called GRANTEE, is now engaged in a Project which involves the construction of a water
pipeline system in Gonzales and Guadalupe Counties, Texas and requires the acquisition of certain
parcels of land in certain counties for the same; and
WHEREAS, it is necessary as a part of the Project, that GRANTEE acquire an easement to
construct, maintain, operate, repair, rebuild, relocate, replace and remove a pipeline and related
appurtenances for the transportation of water only on, over and across those certain tract or parcel of
land more fully described in Exhibit "A" and `B" attached hereto and made a part hereof (hereinafter
called the PROPERTY); and defined for all purposes as permanent easements and temporary
easements.
WHEREAS, the undersigned (hereinafter called "GRANTOR"), is the fee simple owner of the
PROPERTY and has agreed to grant such easements to GRANTEE for the consideration and upon the
terms and provisions hereinafter set forth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand and other good and
valuable consideration paid by GRANTEE to the GRANTOR, the receipt and sufficiency of which is
hereby acknowledged and confessed, GRANTOR does hereby grant unto GRANTEE, and unto its
successors and assigns, a perpetual easement for the purpose of constructing, maintaining, operating,
repairing, rebuilding, relocating, replacing and removing said pipeline and related appurtenances for
the transportation of water on, over, under and across the PROPERTY of the GRANTOR described in
Exhibit "A" and `B" attached hereto. The right of way and permanent easement herein conveyed is
PCD 91507v3; 4318/1
CITY OF SEGUIN, TEXAS
WATERLINE EASEMENT
2. GRANTEE and its successors and assigns, shall have the right of ingress and egress on,
over and along the area described in Exhibit "A" and `B" as a Permanent Easement for any
and all purposes necessary and incident to the exercise by GRANTEE of the rights hereunder.
3. GRANTOR may construct roads and utilities across and perpendicular to the
PROPERTY so long as they do not interfere with exercise of the rights granted to GRANTEE,
its successors and assigns herein.
4. GRANTEE, in constructing the water pipeline along said easement, will bury said
pipeline so that the top of same is at least three (3) feet below the surface of the earth, except
that GRANTEE shall have the right to construct and maintain pipeline drain valve assemblies
and/or air releases and vacuum valve assemblies and cut off valves in their protective
casements and barriers as well as testing devices and corrosion prevention appliances and
structures and other appurtenances on the pipeline below the surface of the earth within the
permanent easement described in Exhibits "A" and `B".
5. During the construction, repairing, or removing pipelines, GRANTEE will remove the
topsoil from the trench to a depth of six inches and set the topsoil aside, and after the
construction, repair or removal is complete, GRANTEE will replace the topsoil on the
uppermost part of the trench so that at least six inches of topsoil will be in place at the surface
after the operation.
6. Any brush cut by GRANTEE in its operations within the easement must be chipped and
distributed along the easement, or otherwise disposed. GRANTEE will allow no trash, debris,
or refuse from its operations to exist on the ground.
7. After construction of the said line, GRANTEE will restore the surface as nearly as
practicable to its original condition, so as not to affect normal drainage.
8. In the event of non-use of said pipeline by GRANTEE, its successors and assigns, for a
period of 24 consecutive months, GRANTOR, its successors and assigns, shall have the right to
serve written notice of non-use to GRANTEE. If said pipeline is not used within 90 days
following written notice of non-use, this easement shall be considered abandoned, and
GRANTEE shall have no further rights in said land, except the right and privilege to remove
said pipeline. Should GRANTEE, its successors or assigns, remove its pipe, GRANTEE agrees
to restore the surface of the land to as near its original condition as practical.
CITY OF SEGUIN, TEXAS 3
WATERLINE EASEMENT
9. GRANTEE, its successors and assigns, shall have the right to install gates in
GRANTOR'S fences which cross the PROPERTY, and to maintain locks on said gates,
provided Grantors are given keys to said locks. GRANTOR may construct other fences across
the easement, however, if said fences are built, GRANTEE shall have the right to construct
gates in said fences consistent with requirements of GRANTEE, its successors and assigns,
with respect to access, and GRANTEE may maintain locks on said gates.
10. During the period of construction of the said pipeline, GRANTEE may construct such
temporary fences as are required by its contractor or engineers and if such fences are
constructed, GRANTEE will allow access, and ingress and egress across the PROPERTY to
`F1'1
IN WITNESS WHEREOF, this instrument is executed this day of A(
2001
GRANTOR
THE CITY OF CIB�OLO, TEXAS
1+
By:
Charles Ruppert, Mayor
ACCEPTED:
THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
Jack Hamlet, Executive Director
CITY OF SEGUIN, TEXAS 4
WATERLINE EASEMENT
STATE OF TEXAS
COUNTY OF GUADALUPE
BEFORE ME, the undersigned authority, on this day personally appeared CHARLES
RUPPERT, Mayor of THE CITY OF CIBOLO, TEXAS, a Texas municipality, known to me to be
the person whose name is subscribed to the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration expressed therein.
Given under my hand and seal of office thisi a day of JLx - P 2001.
0.
.r�_N;•:•:�;•:rr.•:ayrrsra��ar.•
• wy'
THE STATE OF TEXAS
COUNTY OF GUADALUPE
rn.)
N Public, State of Texas
This instrument was acknowledged before me on the day of , 2001, by
JACK HAMLET, Executive Director of THE SCHERTZ/SEGUIN LOCAL GOVERNMENT
CORPORATION, a Texaslocal government corporation, known to me to be the person whose name is
subscribed to the foregoing document and acknowledged to me that he executed same for the purposes
and consideration therein expressed by and on behalf of said local government corporation.
Notary Public, State of Texas
CITY OF SEGUIN, TEXAS
WATERLINE EASEMENT
Apr -10-01 02:1Spm From -CITY OF SHIN eau-qur64ov . ..-
Exhibit "A" C9ry of Crbolo
STATE OF TEXAS GU-147AAAA
COUNTY OF GUADALUPE
Field notes of he ceateriine of a pipeline easement 30 fee% in width, being on, under and across a
0.783 acre acct of had conveyed from CnboloSchem Development Corporation, Ino. to City of Cibolo by
Warranty Deed, dated July 30, 1985 and recorded in Volume 746, Page 131 of the Dead Record& of
Guadalupe County, Taxes;
Said pipeline assemem is comprised of a portion of the A. S. Lewis Survey, Abstract 216, is
situated in Guadalupe County, Texas, and is described by metes andbounda as follows!
Beginning an a curve in a northwest line of said 0.783 acre tract for the West end of this easement,
said beginning point being on the can boundary of a 40 foot wide drainage right-of-way mud from whence
the southwest comer of said 0.783 note tract being on the north right-of-way line of a Southam Pacific
Railroad bears With said curve to the right having a radius of 115-00 feet, a central angle of 030 15' 41", a
length of 6,55 fees, thence S 530 46' 29" W, a distance of 21.04 icer, S 176 57' 13" W, a distance of 23.73
feet
Thonco in a northeasterly direction with the centotline of said easement, ti follows:
N 726 55' 37" E. 74.48 feet;
N 830 58'29"E, 38.78 feet,
to a point in the oast line of said 0,783 core tract for the east and of this easement, whence the southoaet
corner of said 0.783 acre rice being on the north righiofway line of said milroad bears S 06° 13' 31" E, a
distance of 50.00 feet
Additionally, a 50 foot wide temporary work easement, for tiro purpose of construction of a water pipeline,
said temporary work easement abutting the north boundary as shown on Exhibit B of the above described
thirty foot wide pipeline easemam.
Petmanont Basement Centerline Length - 113.26 feet
Permanent Easement Acreage = 0.08 acres
Temporary Easement Acreage = 0.13 acres
1, George Rubalmlia, Registered Professional Land Surveyor of Texas, do hereby state the; this is a true
and correct description of an actual survey made on the ground, this the 5th day of March, 2001,
rte ivipeiLet
us La �Surveyor
zas Registration No. 4229
Apr -10-01 02:15pm From -CITY OF SEGUIN nau—qui-44" ' w . --
i
L=6.55'
a=S 15'41'
R=115.00'
CL
GU-147AAAA
CITY OF CIROLO
0.783 ACRES
V-746, P-131, DROUCT
m
A.S. LEWIS
A-216
50' TEMPORARY
CONSTRUCTION EASEMENT
NAVYELS
38.7B'
30' PERMANENT
EASEMENT
P.O.B. PIPELINE
EASEMENT
SOUTHWEST CORNER
OF 0,783 ACRE TRACT
1, GEORGE RUBALCABA, A REGISTERED PROFESSIONAL
LAND SURVEYOR IN THE STATE OF TEAS, HEREBY
STATE THAT
MADE ON THE ,GROU DIS A CORRECT
MY DSURVEY
DIRECTION.
R f 422
SOUTHEAST CORNER
OF 0.783 ACRE TRACT
PERMANENT EASEMENT CENTERLINE LENGTIW13.26 FEET
PERMANENT EASEMENT ACREAGE=0.08 ACRES
TEMPORARY EASEMENT ACREAGE=0.13 ACRES
°RN DEG
DATE
pis
G'TE Sm�`iMu�+es�nwNevc
CNK
CA oemo Cy,yx,aau'a¢�»
�.
L J0
00308 CPAWiNG No. OU147AAAAFLT
30 15 0 30
SCALE IN PBE'I'
SCHUM/SEGUIN LOCAL GOVERNMENT CORPORATION
INC EXHIBIT B
PIPELINE EASEMENT
GUADALUPE COUNTY TERAS
SCALE GRAPHIC sN�r GU147AAAA
GU—147AAAA44-1-
Government Corporation
STATE OF TEXAS
COUNTY OF GUADALUPE
City of Cibolo
To: City 99Seg-ai , Te*ArSchertz/Seeuin Local
WATERLINE EASEMENT
WHEREAS, THE rrry OF SECTg r T4�X n i SCHERTZ/SEGUIN LOCAL GOVERNMENT
CORPORATION, hereinafter called GRANTEE, is now engaged in a Project which involves the
construction of a water pipeline system in Gonzales and Guadalupe Counties, Texas and requires the
acquisition of certain parcels of land in certain counties for the same; and
WHEREAS, it is necessary as a part of the Project, that GRANTEE acquire an easement to
construct, maintain, operate, repair, rebuild, relocate, replace and remove a pipeline and related
appurtenances for the transportation of water only on, over and across those certain tracts or parcel of
land more fully described in Exhibit "A" and `B" attached hereto and made a part hereof (hereinafter
called the PROPERTY); and defined for all purposes as permanent easements and temporary
easements.
WHEREAS, the undersigned (hereinafter called "GRANTOR"), is the fee simple owner of the
PROPERTY and has agreed to grant such easements to GRANTEE for the consideration and upon the
terms and provisions hereinafter set forth.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the "' ti ° a 12 inektap,A Nt G T-Ep'Q a an that .,,.,a:,,.,a
sum of TEN AND N0/100 DOLLARS ($10.00) cash in hand and other good and
valuable consideration paid by GRANTEE to the GRANTOR, the receipt and sufficiency of which is
hereby acknowledged and confessed, GRANTOR does hereby grant unto GRANTEE, and unto its
successors and assigns, a perpetual easement for the purpose of constructing, maintaining, operating,
PCD 91507v32; 431811
CITY OF SEGUIN, TEXAS
WATERLINE EASEMENT
repairing, rebuilding, relocating, replacing and removing said pipeline and related appurtenances for
the transportation of water on, over, under and across the PROPERTY of the GRANTOR described in
Exhibit "A11 and (B" attached hereto. The right of way and permanent easement herein conveyed is
described in Exhibit "A" and (B" attached hereto. During the period of construction of said pipeline,
GRANTEE shall have the right to use an additional strip of land as a temporary construction easement,
as also described in Exhibits "A" and "B". The peMetual easement granted herein is subject to any
existing easements (recorded or unrecorded) which may cross the PROPERTY in Exhibit "A" and
(61319 ,
THERE IS EXPRESSLY RESERVED to the GRANTOR, its successors and assigns, the right
to use fully all of the PROPERTY covered hereby for any purpose not inconsistent with the rights
granted to GRANTEE, its successors and assigns, which reserved rights in and to the PROPERTY by
the GRANTOR shall be at all times subject and subservient to the easement rights granted hereunder.
PROVIDED THAT, no permanent structure improvement or other obstruction of any kind or
character may be constructed by GRANTOR on the area described in Exhibit "Alf and "B" as
Permanent Easement, and no drilling, mining, exploration for or development of oil, gas and other
minerals may be conducted on the PROPERTY covered by this easement by GRANTOR, or in such a
way as to interfere with the use thereof, except as may be provided below in the SPECIAL TERMS
and CONDITIONS.
TO HAVE AND TO HOLD the said PROPERTY, upon and subject to the following SPECIAL
TERMS and CONDITIONS, together with all and singular the rights and appurtenances thereto in
anywise belonging unto GRANTEE, its successors and assigns, for the purposes aforesaid, forever; and
the GRANTOR does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER
DEFEND all and singular, the said premises unto GRANTEE, its successors and assigns, against every
person whomsoever lawfully claiming, or to claim the same or any part thereof.
SPECL4L TERMS AND CONDITIONS
1. GRANTEE and its successors and assigns, are hereby expressly given and granted the
right to assign this easement, or any part thereof or interest therein, and/or rights granted
CITY OF SEGUIN, TEXAS 2
WATERLINE EASEMENT
hereunder, so that each assignee or owner shall have the full rights and privileges herein
granted to be owned and enjoyed in common or severally.
2. GRANTEE and its successors and assigns, shall have the right of ingress and egress on,
over and along the area described in Exhibit "A" and "B" as a Permanent Easement for any
and all purposes necessary and incident to the exercise by GRANTEE of the rights hereunder.
3. GRANTOR may construct roads and utilities across and perpendicular to the
PROPERTY so long as they do not interfere with exercise of the rights granted to GRANTEE,
its successors and assigns herein. ,
4. GRANTEE, in constructing the water pipeline along said easement, will bury said
pipeline so that the top of same is at least three (3) feet below the surface of the earth, except
that GRANTEE shall have the right to construct and maintain pipeline drain valve assemblies
and/or air releases and vacuum valve assemblies and cut off valves in their protective
casements and barriers as well as testing devices and corrosion prevention appliances and
structures and other appurtenances on the pipeline abe*e-aad-below the surface of the earth
within the permanent easement described in Exhibits "A" and "B".
5. During the construction, repairing, or removing pipelines, GRANTEE will remove the
topsoil from the trench to a depth of six inches and set the topsoil aside, and after the
construction, repair or removal is complete, GRANTEE will replace the topsoil on the
uppermost part of the trench so that at least six inches of topsoil will be in place at the surface
after the operation.
6. Any brush cut by GRANTEE in its operations within the easement must be chipped and
distributed along the easement, or otherwise disposed. GRANTEE will allow no trash, debris,
or refuse from its operations to exist on the ground.
7. After construction of the said line, GRANTEE will restore the surface as nearly as
practicable to its original condition, so as not to affect normal drainage.
8. In the event of non-use of said pipeline by GRANTEE, its successors and assigns, for a
period of 24 consecutive months, GRANTOR, its successors and assigns, shall have the right to
serve written notice of non-use to GRANTEE. If said pipeline is not used within 90 days
following written notice of non-use, this easement shall be considered abandoned, and
GRANTEE shall have no further rights in said land, except the right and privilege to remove
CITY OF SEGUIN, TEXAS 3
WATERLINE EASEMENT
STATE OF TEXAS
COUNTY OF GUADALUPE
BEFORE ME, the undersigned authority, on this day personally appeared CHARLES
RUPPERT4Am4mj�, Mayor of THE CITY W -OF CIBOLO, TEXAS, a Texas municipality,
known to me to be the person whose name is subscribed to the foregoing document and acknowledged to
me that he executed the same for the purposes and consideration expressed therein.
Given under my hand and seal of office this day of 2001.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF GUADALUPE
This instrument was acknowledged before me on the day of 2001, by
JACK HAMLET, City *Executive Director of THE GIS Y OF- SEQUIN,
T -PX A 5;SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION, a Texas—rrtaFAepalitylocal
government corporation, known to me to be the person whose name is subscribed to the foregoing
document and acknowledged to me that he executed same for the purposes and consideration therein
expressed by and on behalf of saidei}raklyloeal governmentcorooration.
Notary Public, State of Texas
CITY OF SEGUIN, TEXAS
WATERLINE EASEMENT
said pipeline. Should GRANTEE, its successors or assigns, remove its pipe, GRANTEE agrees
to restore the surface of the land to as near its original condition as practical.
9 GRANTEE its successors and assigns. shall have the right to install gates in
GRANTOR's fences which cross the PROPERTY, and to maintain locks on said gates,
provided Grantors are given keys to said locks. GRANTOR may construct other fences across
the casement however if said fences are built GRANTEE shall have the right to construct
gates in said fences consistent with requirements of GRANTEE its successors and assigns,
with respect to access and GRANTEE may maintain locks on said gates.
10 During the period of construction of the said pipeline, GRANTEE may construct such
temporary fences as are required by its contractor or engineers and if such fences are
constructed GRANTEE will allow access and ingress and egress across the PROPERTY to
GRANTOR.
IN WITNESS WHEREOF, this instrument is executed this day of
2001.
GRANTOR
THE CITY OF CIBOLO, TEXAS
M
ACCEPTED:
Charles Ruppert, Mayor
THE r r 4 OF SEQUIN gra A SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION
Jack Hamlet, City Ma iagffLxecutiveDirector
CITY OF SEGUIN, TEXAS 4
WATERLINE EASEMENT
JOHN W. DAVIDSON
ARTHUR TROILO
TERRY TOPHAM
CHEREE TULL KINZIE
R. GAINES GRIFFIN
RICHARD E. HETTINGER
PATRICK W. LINDNER
IRWIN D. ZUCKER
RICHARD D. O'NEIL
LAW OFFICES OF
DAVIDSON & TROILO
A PROFESSIONAL CORPORATION
SAN ANTONIO
7550 W 11-1-10, SUITE 800, 78229-5815
210/349-6484 ' FAX: 210/349-0041
AUSTIN
919 CONGRESS, SUITE 810, 78701
512/469-6006 • FAX 512/473-2159
May 25, 2001
Mr. Frank A. Posey
City Attorney, City of Cibolo
185 Red Oak Trial
Marion, Texas 78124
RE: Easement for water pipeline
Dear Mr. Posey:
J. MARK CRAUN
JAMES C. WOO
LEA A. REAM
MICHAEL P. WARREN'
RICHARD L. CROZIER'
MARIA S. SANCHEZ'
DALBY FLEMING
DEVIN 'BUCK' BENSON
GARY L. FULLER
OF COUNSEL
' AUSTIN OFFICE
The alignment of the pipeline has been changed to avoid the need to cross the
park, but the pipeline will still cross the drainage channel. A bore under a road will be
necessary, but at this time, we don't know if the bore is located within state right of way
or under a city street.
We previously sent you an appraisal that shows that $714 would be an appropriate
compensation for the crossing of the drainage channel and we offer that amount to the
City of Cibolo. In addition, we are willing to pay the reasonable attorneys fees that
Cibolo has paid you or that you have billed to date for this matter, since most of the work
was relating to the legal requirements for crossing the park. Since we are not crossing the
park, we no longer think it is necessary to include the tap.
Enclosed is a proposed easement revised to reflect the change in alignment and
compensation and the changes you requested by letter dated May 1, 2001. A clean copy
and a marked copy is enclosed to show the revisions. Also enclosed is the legal
description for the drainage channel crossing that you requested.
Buck Benson is no longer working on this project, so please address your
questions to me.
3842.1 - pcd#93171
`If
Mr. Frank Posey
May 25, 2001
Page 2
Thank you for your prompt consideration.
Sincer y
atrick W. Li ner
For The Firm
PWL:dar
Enclosures