-\y- 007280NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATIONFROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBICRECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSENUMBER.

VOl4 2 2 0 P60 7 8 9

PERMANENT NON-EXCLUSIVE DRAINAGE EASEMENT

STATE OF TEXAS §

§KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF GUADALUPE

GRANTOR: Victor L. Zengerle

GRANTEE: City of Cibolo, Guadalupe County, Texas

PROPERTY: As attached hereto as "Exhibit A" and "Exhibit B"

Consideration and Easement Purpose. For good and valuable consideration, the receipt andsufficiency of which are hereby expressly acknowledged and for which no lien or encumbrance,either expressed or implied, is retained, Grantor hereby irrevocably dedicates and conveys toGrantee and its successors and assigns, a 350 wide easement for drainage purposes including butnot limited to the laying out, opening, constructing, operating, maintaining and reconstructing adrainage facility thereon, together with necessary incidentals and appurtenances thereto, in,along, upon and across the tract or parcel of land in Guadalupe County, Texas, more particularlydescribed in Exhibits "A" and "B" which is attached hereto and made a part hereof by referencefor all purposes.

Terms and Conditions.

A. There is reserved to the Grantor, Grantor's heirs and assigns, the right and privilege to use theabove described land of the Grantor at any time, in any manner and for any purpose notinconsistent with the full use, enjoyment, and public purpose by the Grantee, its successors andassigns, of the right and privileges herein granted.

B. Grantee is to maintain the easement - a) for the repair of any damage, erosion or otherphysical repairs required as a result of the operation and maintenance of the storm water drainageimprovements, and b) grantee shall maintain channel appearance in a neat manner by regularmowing of tall grasses, and removing trees, brush, and unsightly debris.

C. In further consideration for the dedication of the drainage easement, Grantor or Grantor'sheirs or assigns shall receive full credit toward the City's drainage impact fees for that portion of

~Ol4220 PG0790

the fees attributable to the easement, right of way or land acquisition costs. This credit towardthe City's drainage impact fees is a material part of the consideration furnished by Grantee toGrantor for the easement granted hereby.

D. Grantor or Grantor's heirs or assigns shall receive full credit toward the City's parkdevelopment/park improvement fees for parkland dedications or parkland/recreationimprovements within the property that are approved by the City Council in accordance with theCity's Land Subdivision Ordinance and other applicable rules and regulations in effect at thetime that credit for such improvements are requested. This credit toward the City's parkdevelopment/park improvement fees is a material part of the consideration furnished by Granteeto Grantor for the easement granted hereby.

E. Without the prior written consent of Grantee and Grantor no building or above groundstructure of any kind will hereafter be erected or placed within the easement by Grantee orGrantor or their heirs or assigns on said permanent easement herein granted, so long as thiseasement remains in effect; and the right or exercising all other rights hereby granted.

F. Together with the right of ingress and egress along the easement only for the purpose ofconstructing, inspecting, patrolling and maintaining said stormwater drainage channel within thepermanent easement herein granted; Grantee assumes the right to remove from said easement, bystandard industry practices employed in vegetation management, any trees, brush, or obstructionsthat endanger or may interfere with the efficiency of said drainage system. All excavated and/ordisturbed areas within the easement and that are not lined with concrete shall be remediatedthrough the establishment of grasses appropriate to the area and time of year. Such grasses shallbe watered as necessary to establish grass viability; said watering shall not be deemed as arequirement of remediation under the terms of this easement.

G. Grantee will install a permanent barbed wire fence on the south side of the drainage channelwith a farm gate to allow Grantor access for cattle and farm equipment.

H. Grantee and Grantor agree to prohibit the operation of all motorized vehicles, except thoserequired for maintenance of the stormwater drainage channel, within the aforementionedpermanent easement.

I. Grantee and Grantee's agents, employees, or any independent contractor performing servicesfor it, shall remain on said easement and any ingress and egress easement, except for lifethreatening emergencies, shall have no right to use any of the property outside of said easementand construction material/dirt stockpile areas. There shall be no ingress or egress on or acrossany other property owned by Grantor.

J. In the event that performance by Grantee of its obligations under the terms of this agreementshall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by anact of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control ofGrantee, Grantee shall be excused from such performance for the period of time as suchoccurrence shall have lasted or as is reasonably necessary after such occurrence abates for theeffects thereof to have dissipated.

2

¥Ol4 220 PBO 7 9 I

K. The rights and privileges herein granted are subject to all easements, mineral reservations,rights-of-way or other rights now outstanding in third parties.

L. This agreement shall be binding upon and inure to the benefit of Grantors, Grantee and theirrespective heirs, successors and assigns.

M. Grantor and Grantee specifically agree and understand that this agreement supersedes andvoids any previous agreement concerning the Land.

N. Grant of Easements: Grantor, for the Consideration, and subject to the Reservations from andExceptions to Conveyance, grants, sells and conveys to Grantee an easement over, upon, underand across the Easement Property for the Easement Purpose as stated with respect to each parcelcomprising the Easement Property, together with all and singular the rights and appurtenancesthereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors,and assigns forever; without express or implied warranty. Grantor binds Grantor and Grantor'sheirs, executors, administrators, and successors to warrant and forever defend all and singular theEasement to Grantee and Grantee's successors and assigns against every person whomsoeverlawfully claiming or to claim the same or any part thereof, except as to the reservations from andexceptions to warranty, by, through or under Grantor, but not otherwise.

O. Exclusiveness of Easement. Grantee's right to use the Easement Property is non-exclusiveand Grantors reserve the right to use all or part of the Easement Property in conjunction withGrantee as long as such use by Grantors does not interfere with the use of the Easement Propertyby Grantee for the Easement Purpose. Grantee shall have the right to eliminate, remove andprohibit any use or encroachment into the Easement Property which interferes with the EasementPurpose.

P. Attorney's Fees. If either party retains an attorney to enforce this agreement, the partyprevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.

Q. Binding Effect. This agreement binds and inures to the benefit of the parties and theirrespective heirs, successors, and permitted assigns.

R. Choice of Law. This agreement will be construed under the laws of the state of Texas, withoutregard to choice-of-law rules of any jurisdiction. Venue is in the Guadalupe County.

S. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails todeclare immediately default or delays in taking any action. Pursuit of any remedies set forth inthis agreement does not preclude pursuit of other remedies in this agreement or provided by law.

T. Further Assurances. Each signatory party agrees to execute and deliver any additionaldocuments and instruments and to perform any additional acts necessary or appropriate toperform the terms, provisions, and conditions of this agreement and all transactions contemplatedby this agreement.

3

------------------

VOl4 2 2 0 PuO 7 9 2U. Integration. This agreement contains the complete agreement of the parties and cannot bevaried except by written agreement of the parties. The parties agree that there are no oralagreements, representations, or warranties that are not expressly set forth in this agreement andthat this agreement supersedes the Easement entered September zo", 2006 between the partiesrecorded in Guadalupe County, Vol. 2411 Pgs. 0867-0876 and elsewhere in the real propertyrecords of the county.

V. Legal Construction. If any provision in this agreement is for any reason unenforceable, to theextent the unenforceability does not destroy the basis of the bargain among the parties, theunenforceability will not affect any other provision hereof, and this agreement will be construedas if the unenforceable provision had never been a part of the agreement. Whenever contextrequires, 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 notintended to restrict or define the text of any section. This agreement will not be construed moreor less favorably between the parties by reason of authorship or origin of language.

W. Notices. Any notice required or permitted under this agreement must be in writing. Anynotice required by this agreement will be deemed to be delivered (whether actually received ornot) when deposited with the United States Postal Service, postage prepaid, certified mail, returnreceipt 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, facsimiletransmission, or other commercially reasonable means and will be effective when actuallyreceived. Any address for notice may be changed by written notice delivered as provided herein.

X. Recitals. Any recitals in this agreement are represented by the parties to be accurate, andconstitute a part of the substantive agreement.

Y. This conveyance is intended to include any property interests obtained by after-acquired title.

Executed thisL day ofm~ ,2014

4

YOl4 220 PuG 793

STATE OF TEXAS §

COUNTY OF GUADALUPE §

BEFORE ME, the undersigned authority, on this day personally appeared Victor Zengerleknown to me to be the person whose name subscribed to the foregoing instrument andacknowledged to me that she executed the same for the purpose and consideration thereinexpressed.

GIVEN under my hand and seal of office thisJ/Y1 -"'1- 7 ,2014.

I day of

~\\'~~'JI,,,,J:"'~~",~~,~ PEGGY CIMICS~{ .:i Notary Public. State of Texas<~il"\'''~~My Commission Expires"",rt,,,,,' August 07, 2014 Notary Public in and for

Guadalupe County, Texas

5

~ ~--..-.--.---.---------------- --------------------

VOL 4220 P60 194

ACCEPTED: CITY OF CIBOLO

SIGNED: G<olJ "T. \-\~Robert T. Herrera

STATE OF TEXAS §

COUNTY OF GUADALUPE §

Before me, the undersigned authority, on this day personally appeared Robert T. Herreraas the Manager of the City of Cibolo known to me to be the person who acknowledged tome that he executed the same for the purposes therein expressed.

Given under my hand and seal of office, this the _I_ day of~I_(Y)~ttI...:......,'II_ _2014.

\\"""""i'~~~~.'~r.'~ PEGGY CIMICSr' 'n Notary Public, State of Texas~~.".'~~l My Commission Expires"/'(,~:11~'" Augu.' 07, 2014

Notary Public in and forGuadalupe County, Texas

SIGNED:

STATE OF TEXAS §

COUNTY OF GUADALUPE §

Before me, the undersigned authority, on this day personally appeared Lisa M. Jackson asthe Mayor of the City of Cibolo known to me to be the person who acknowledged to methat he executed the same for the purposes therein expressed.

2014.Given under my hand and seal of office, this the _L_ day of /l1/1 <..(

2'7?'lLNotary Public in and forGuadalupe County, Texas

)\\\,"11",,,

~!~'~~~,'~~~*~PEGGY CIMICS; i ':§ Notary Public, State of Texas\~ "'~j My Commission Expires...."/,{.~j,1~t"<' August 07, 2014

6

YOl4 2 2 0 P60 7 9 5

ROSENTHAL, STANLEYUNPLATTED

CITY OF CIBOLOVOL 2454. PG. JJ2, DEED Nc. 07-57B~

\\~\·~·t\\\\

ZENGERLE, VICTOR L. & MARY WINKLER ZENGERLE3.224 ACRES TRACT OUT OF' A 20 ACRE TRACTRECORDED 02-25~70; VOL.427 PG. 299, OF' THEDEED RECORDS OF GUADALUPE COUNTY, TE)(AS.(140,449.20 sq.ft. 3.224 ac.)

/'/' \

__"":.-~'o~'}~"1/t",/ tAIl{- to' •..•.••.•~.:-.f:,.I'~\s-:*~\···.1IJ" •.,.... . \.~

,. : \.} *'1.~ , ············tfFJ' .,~~?~.~~!:'t.....~.~~!.~.!YJ~'-1l~ : ~~ ~.~ 79689 ()l· ,i1~t~/S1~~~/~~/ (;:;;'l~ft.J!.~~tIf;

SHT

PLAT OF DRAINAGE EASEMENTFOR THE GITY OF GIBOLO 1

VOl42 2 0 P60 7 9 6

Metes and BoundsZengerle Tract

(3.2241\¢r~s - Drainage Easement)

Beginning at a point, being the Northeast collier of'a 20 Acre tract as recorded inVolume 427.Page 299, of Guadalupe County Deed Records,

Thence: S30P 07' OO"E 150.00' along the Northeast line of said 20 Acre tract to the pointof beginning of the herein described 3.224 Acre tract;

Thence: S30· 07' 00" E 350.00; alongthe Northeast line of said 20 Acre tract to a point;

Thence: S60° 00' OO"W401.30' to a point on the Southwest line of said 20 Acre tract;

Thence: N30° 07' OO"W 350.00' along the Southwest line of said 20 Acre tract to a pointbeing the Northwest. corner of said 20 Acre tract;

Thence: NS60° 00' OO"E401.30' along the North line of said 20 Acre tract to the point ofbeginning of the requested drainage easement containing 140,455 Square Feet,3.224 Acres.

FILED FOR RECOfW

1ldiAY-2 PH12,: ,~r' TERESA KIEL:~~

.~ t\ttn .?eBGY CA rn :,C50-hj tJ~ 0 'oo\.:-'>fb rov ~1-1oCi\oblD 1'f "1~IO~

Revised 04129114