TO BE CONSIDERED BY THE CITY COUNCIL CITY OF

SUBJECT:
TO BE CONSIDERED BY THE CITY COUNCIL
CITY OF KERRVILLE, TEXAS
Sanitary and Wastewater Separate lnstrument Easement
FOR AGENDA OF:
211 3/07
DATE SUBMITTED: 2/5/07
vfl/
SUBMITTED BY: Michael Wellborn, P.E.
EXHIBITS:
CLEARANCES: Charlie Hastings, P.E.
f9+
Sanitary and Wastewater Separate lnstrument Easement
AGENDA MAILED TO:
APPROVED FOR SUBMITTAL BY CITY MANAGER:
Expenditure
Current Balance
Amount
~ccount
Required:
i n Account:
Budgeted:
Number:
$
$
$
PAYMENT TO BE MADE TO:
APPROVED FOR SUBMITTAL BY DIRECTOR OF ADMINISTRATIVE SERVICES:
SUMMARY STATEMENT
As part of the Comanche Trace Phase 9 subdivision, there is an off-site sanitary sewer
system that consists of gravity mains, force mains and a lift station. Since these off-site
improvements are needed to serve Comanche Trace Phase 9 and are located outside
of the platted boundary of Comanche Trace, the Developer is proposing to dedicate
these sanitary sewer improvements to the City of Kerrville via separate instrument.
RECOMMENDED ACTION
The City Engineer recommends that City Council adopt a Resolution accepting the
Sanitary and Wastewater Easement and authorize the City Manager to execute the
Separate lnstrument Easement as Grantee.
CITY OF KERRVILLE, TEXAS
RESOLUTION NO.
-2007
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN APPROXIMATELY
2.23 ACRE SANITARY AND WASTEWATER EASEMENT LOCATED WITHTN
PROPERTY OWNED BY THE COMANCHE TRACE RANCH AND GOLF
CLUB, LLLP, SAID EASEMENT FOR THE PURPOSES OF INSTALLING AND
MAINTAINING BOTH A SEWER LINE AND LIFT STATION
WHEREAS, Phase 9 of the Comanche Trace residential subdivision, requires the developer of
Comanche Trace to build an offsite wastewater system to serve the lots; and
WHEREAS, the developer is in the process of constructing and installing the wastewater system;
and
WHEREAS, the developer of Comanche Trace has delivered to the City a Sanitary and
Wastewater Easement which grants the City the right to operate and maintain the wastewater system; and
WHEREAS, the City Council of the City of Kerrville, Texas, finds it to be in the public interest
to accept the Sanitary and Wastewater Easement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KERRVILLE, KERR COUNTY, TEXAS:
That the City Manager is hereby authorized and directed to accept on behalf of the City of
Kerrville, Texas, the grant of a Sanitary and Wastewater Easement over and under parts of tracts in
William Watt Survey No. 64, Abstract No. 363; William Watt Survey No. 65, Abstract No. 364; and
Thomas Jackson Survey No. 394, Abstract No. 212, and located within the Comanche Trace
residential subdivision; within the City of Kerrville, Kerr County, Texas, said easement is attached
hereto as Exhibit A and incorporated herein by reference.
PASSED AND APPROVED ON this the
day of
Eugene C. Smith, Mayor
APPROVED AS TO FORM:
ATTEST:
/
Michael C. Hayes, City Attorney
h 'leganplmningklev agmu\comanche~ncc'ucccptcasement 010507 doc
Brenda G. Craig, City Clerk
A.D., 2007.
SANITARY AND WASTEWATER EASEMENT
GRANTOR: COMANCHE TRACE RANCH 8r GOLF CLUB, LLLP, a Colorado limited
liability limited partnership
280 1 Comanche Trace Drive
Kerrville, Kerr County, Texas 78028
GRANTEE:
CITY OF KERRVlLLE
800 Junction Highway
Kerrville, Kerr County, Texas 78028
Grantor, for and in consideration of Ten Dollar ($10.00) together with other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged and
confessed by the undersigned, has granted, sold and conveyed and by these presents does grant, sell
and convey to Grantee an easement (the "Easement") for the installation of wastewater and sewer
lines, equipment, facilities and purposes and for placing, constructing, inspecting, maintaining,
repairing and replacing the infrastructure for wastewater and sewer lines, equipment, facilities and
purposes ("Sewer Lines and Facilities") on, over, across and upon the tracts described in Exhibit
"At', attached hereto and made part hereof for all purposes; TO HAVE AND TO HOLD the
Easement unto Grantee and its successors and assigns, for the purposes and subject to the t m s and
provisions hereof.
Grantee shall have the right of ingress and egress at all times upon the Easement for the
purpose of constructing, reconstructing, installing, inspecting, operating, repairing, rqlacing.
maintaining and removing the Sewer L i e s and Facilities; PROVIDED HOWEVER that no utility
or service lines of any nature or kind shall be placed, allowed or maintained upon or above the
ground except that the foregoing shall not prohibit equipment above ground on the .05 acre tract
described in Exhibit "A", attached hereto. Grantee shall have the right to remove from the
Easement all trees, shrubs, and other obstruction on the Easement that interfere with the use thereof
for the purposes herein set forth. Grantee shall have the right to relocate or reconstruct the Sewer
Lines and Facilities within the Easement with the same or different type structures and to place
temporary structures for use in placing or repairing the same within the Easement.
Grantee shall have the right to assign, license, permit or otherwise agree to the joint use or
occupancy of the Easement by or to any other person or legal entity for the purposes herein set
forth.
Grantor reserves the right to use the lands herein described for such uses and purposes as
Grantor may determine, provided, however, that no such use of said lands by Grantor shall interfere
with the exercise of the rights of Grantee herein specified.
EXECUTED this &'day of
.!t
A
,2006.
.yr
I
GRANTOR:
C O h W C H E TRACE RANCH & GOLFFLUB,
LLLP,a Colorado Limited ~ i a b i l w ~ i m i t d
Partnership
/'/
/
By:
THE STATE OF TEXAS
STACY J. STA~~NOHA
Public, State of Terns
fl
MYComrn~ss~on
Expires
January20, zoo9
COUNTY OF KERR
7 5-
d3
This instrument was acknowledged before ine on dq(7
, 20% by
TREVOR L. HYDE, ,General Manager, of COMANCHE TRACE H
@
& GOLF CLUB,
LLLP, a Colorado Limited Liability Partnership, on behalf of said Partnership, in the capacity
therein stated.
-.
Notary Public, State of Texas
-
GRANTEE
APPROVED by the City of Kmville, Texas as Grantee, this
/ City h k y e ~Manager
ATTEST TO
City of Kenville
Public Works Department
800 Junction Highway
Kemille, Texas 78028
Attention: Michael Wellborn
3 day of
+
"A"
FIELD NOTES DESCRIPTION 2.18 ACRES OF THE COMANCHE
TRACE RANCH AND GOLF CLUB,L.L.L.P. PROPERIY M KERR
COUNTY, TEXAS (SEWER LINE EASEMENT)
Being all of a certain traa or pa~celof land containing 2.18 acres, more or less, comprising approximate acreage out of various
Origrnal Patent Surveys in Kerr County, Texas as follows:
Survey No.
64
65
394
Abslract No.
survey
William Watt
William Watt
Thomas Jackson
Acres
0.56
1.31
0.3 1
363
364
212
part of 1131.78 acres conveyed from Crystal Laid Company,L.L.C., to Comanche Trace Ranch and Golf Club, L.L.L.P., by a
Special Warranty Deed e x d the 17* day of September, 1998, and recorded in V o b 971 at Page 698 of the Real Roperty
Records of Kerr County, Texas; and being more parlicularIy described by metes and bounds as follows:
BEGINNING at a %" iron stake set for the southwest comer of the herein demibed tract, which bears 4482.94 R S139 1105"E.,
from a fence post marked with a found %" iron stake at the occupied south corner of William Wait Survey No. &,
THENCE,upon, over a d across said 1131.78 acres,all points king set %* iron stakes: N18°3!Y54"W., 384.83 A.; N26°15'40"W.,
258.01 R; N35°31'OS"W., 268.98 R; N32°16'06"W., 293.50 A.; N3S032'51"W., 124.25 R; N15°53'07"W., 341.92 R;
N21°38'36"E., 247.98 ft.; N17°21'35"W., 409.45 R; N36°02'30"W., 220.92 ft; and N63"3201MW., 150.78 R to tbe south
common corner between Lot Nos. 15 and 16 of Comanche Trace, Phase 10, a subdivision of Kerr County according to the plat of
record in Volume 7 at Page 366 of the Plat Records of Kerr County, Texas;
THENCE, upon, over and across said 1131.78acres, with t
h south line of said Lot No. 16, N64°0820"E., 25.27 ft.; to a %" iron
stake set for a smthaly north corner of the herein described tract;
THENCE, upon, over and across said 1131.78 acres, all points being set !4* iron stakes: S63"32'01"E., 140.23 ft.; S36°02'30"E.,
211.98 ft. for a reemrant comer of the herein described bad;N3S059'03"E., 353.95 A.; N06O58'51"E., 569.65 ft.; N03O53'17"E.,
548.86 A.; N02°30'21"E., 437.37 R; and N42°00'40"W., 129.74 8 to the suuth tambus of Camamhe Trace Drive according to
said plat of Comaache Trace, Phase 10, the most northerly west comer of the herein described tract;
THENCE, upon,over and across said 1131.78acres, with the south temninus of said Comanche Trace Drive, N51°07'20"E., 20.03
A. to a %" iron Stake set far the mrth comer of the herein descri'bed W
THENCE, upon, over aud across said 1131.78 acres, all points bang set %" iron stakes: S42°00'40"E., 136.83 R; S02°30'2 1"W.,
445.80 8; S03°53'17"W., 549.65 A.; S06°58'51"W., 575.36 R; S35°5!2'03"W., 367.17 A.; S17°21'35"E., 415.18 R;
S21°38'36"W., 248.26 ft,; S15°53'07"E., 33 1.66 ft.; S35'32'51"E., 121.37 R; S32°16'06"E., 293.49 R ; S35°31'05"E., 270.03 R ;
S26°15'40"E., 260.% R; and Sl8O39'54"E.. 386.52 ft. to tbe southeast coma of the herein *bed
tract;
THENCE, upon, over and across said 1131.78 acres, S72°21'01"W., 20.00 R to the PLACE OF BEGINMNG.
I hereby catify that this field notes demiption and accompanying plat are
accurate -r
'onsofthepopatyumtakdtheanasdetamiaed
a meY
on the w d mder my -on
and supervision,
except no survey was made to reestablish Patart S w e y Imes or Coroas;
thrdallpqertycornersareasstated. (Bearingbasis=Truenorthbased
on GPS obsmvaticms)
Dates surveyed: June 7 and September 8,2006
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Dated this 8* day of September,2006
/-'
Mike A. Grogan
Registered Professional Land Surveyor No. 52%
GROCIAN SURVEYTNG. INC. P. 0.BOX 1356
1135 HWY. 173 N.
BANDERA. TX 78003
PWFAX (830) 796-7177
FIELD NOTES DESCRIPTION FOR 0.05 ACRE OF THE
COMANCHE TRACE RANCH AND GOLF CLUB, L.L.L.P.
PROPERTY IN KERR COUNTY, TEXAS (LIFT STATION TRACT)
Being all of a certain tract or parcel of land containing 0.05 acre, more or less, out of William Watt S u m q No. 64, Abstract No.
363, in Kerr County,Texas;part of 1131.78 acres conveyed from Crystal L d Company, L.L.C., to Comanche T m Ranch and
Golf Club, L.L.L.P., by a Special Wananty Deed executed the 1? day of September, 1998, and recorded in Volume 971 at Page
698 of the Real Property Records of Kerr County, Texas; and being more partrcuJariy described by metes and bounds as follows:
BEGINNING at a %" iron stake set for the southeast corner of the herein descrii tracf at the beginaing of a 0S05!Y57"curve to
the I&, the north right-of-way line of Farm to Market Highwa No 2771, the north line of 1.747 acrescoweyed as a right-of-way
Easement h m Meek to the State of Texas executed the 30 day- of July, 1%3, and recoded in Volume 3 at Page 409 of the
Easement Records of Kerr County, Texas; which point bears 4529.44 R S13OST51"E., from a fence post marked with a f d '/zw
iron stake at the occupied south corner of Wiam Watt Survey No. 66;
IX
THENCE,along or near a fence, upon, over and across said 1131.78 acres, 45.03 ft. along the arc of said Curve subtended by a
02O42'04" centml angk and 955.05 A. radius (long chord = S70°33'47"W., 45.02 A.) to a %" iron stake set at its end for the
southwest coma of the herein descrii tract;
THENCE, upos over and aaosssaid 1131.78 acres, N17°38'59wW., 50.19 A. to a %" iron stake set for the northwest cotoer ofthe
herein described tract;
THENCE, upon, wer and across said 1131.78 acres, N72O21'01"E., at 13.16 ft. passing a set !4" iron stake, at 33.16 A. passing a
set '/iniron stake, then continuing for a total distance of 45.00 R to a Hwiron stake set for the northeast comer of the herein
described tract;
THENCE,upoq over and across said 1131.78acres, S17O38'59"E., 48.78 A. to the PLACE OF BEGINNING.
I krcby certify that this field notes description and accompanying
plat are m x x t c representatlorn of the property contained therein
as determined by a m e y made on the ground under my direction
and supervision, except no survey was made to reestablish Patent
Survey lines or Corners; that all pruperty comers are as stated.
(Eeanng basis = True north based on GPS obsewations)
Date surveyed: June 7,2006
Dated this 7* day of June,2006
Mike A. Grogan
Registered Professional Larad Suxveyor No. 52%
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SCALE:
1' =
200'
GRAPHIC SCALE
JJ3mm
W'
0
SET
---
PATENT SURVEY LINE
IRON STAKE
F.U. H W A Y NO. 2771
LOWER TURTLE CREEK RON)
FENCE LML
VICINTP( MAP
SCALE:
1" = 1000'
THIS P O I N T BEARS 4529.44 F T .
FROM A FENCE
POST MARKED WlTH A FOUND 1/2"
S13'57'51"E
RIGHT-OF-WAY EWMENT: 1.747 ACRES
MEEK TO STATE OF TMAS
VOCUME 3 PAGE 409
EASEMENT RECORDS
JULY 30, 1963
T H I S P O I N T BEARS 4482.94 FT.
S 1 3 ' 3 1 ' 0 5 " E FROM A F E N C C
POST MARKED WlTH A FOUND 1/2
IRON STAKE AT THE OCCUPIED SOUTH
CORNER O F SURVEY NO. 66.
3.
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SURVEY PLAT FOR 2.23 ACRES OF LAND, MORE OR LESS,
COMPRISING APPROXIMATE ACREAGE OUT O F VARIOUS
ORIGINAL PATENT SURVEYS IN KERR COUNTY, TEXAS (AS
SHOWN); PART OF 1131.78 ACRES CONVEYED FROM CRYSTAL
LAND COMPANY, L.L.C., TO COMANCHE TRACE RANCH AND
GOLF CLUB, L.LL.P., BY A SPECIAL WARRANTY. DEED EXECUTED
THE 1 7 T H DAY OF SEPTEMBER, 1 9 9 8 , AND RECORDED I N
VOLUME 971 AT PAGE 698 OF THE REAL PROPERTY RECORDS
OF KERR COUNTY, TEXAS
SEPTEMBER 2006
.
DATE:
SEPTEMBER 8. 2006
DRAWING:
B~OOREV.DWG
COORDINATE FILE: COMANCHE.CRD
DRAWN BY: MG
WTY MAP
SHEET
1
OF
1
GROGAN SURVEYING
1 1 35 HWY, 1 73 NORTH
$BANDERA, TEXAS 78003
PH. 830-796-71 77
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SURVEY P U T FOR 2.23 ACRES OF U I I D . MORE OR LESS.
COMPRISING APPROXIMATE ACREAGE OUT OF VARIOUS
ORIGINAL PATEN1 SURVEYS IN KERR COUNTY. TEXAS (AS
SHOWN): PAR1 OF 1131.78 ACRES CONVEYED TROY CRYSTAL
LAND COMPANY. L.L.C.. TO COMANCHE TRACE RANCH AND
GOLF CLUB. L.L.L.P.. BY A SPECIAL WbRRINlY DEED EXECUlED
THE 17TH DAY OF SEPTEMBER. 1998. AND RECORDFD IN
VOLUlrE 971 A1 PAGE 698 OF THE REAL PROPERTY RLCCaDS
OF KERR COUNTY. TEXAS
SEPTEMBER 2 0 0 6
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