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HomeMy WebLinkAboutC2020-212 - 6/18/2020 - NA NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY 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. UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Southside Ventures III, LP, a Texas corporation ("Grantor"), whose address is 5949 La Costa Drive, Corpus Christi, Texas,78414, for and in consideration of the sum of One and No/100 Dollar ($1.00) paid by the City of Corpus Christi, a Texas home-rule municipal corporation ("Grantee"), whose address is 1201 Leopard Street, Corpus Christi, Texas, 78401, the receipt of which is acknowledged, has granted, sold, and conveyed and by these presents does grant, sell, and convey to the Grantee, its successors, legal representatives, permitted assigns and franchisees, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under, and along a certain tract of land situated in Nuecr 3 County, Texas, and being described as follows: Field note description of a 7.5 foot wide, 0.0646 acre utility easement over a portion of Lot 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts as shown on the map recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, which description is attached to and incorporated in this document as "Exhibit A" and depicted on the location map attached to and incorporated in this document as "Exhibit B," the exhibits collectively being referred to and known as the "Premises." Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the City of Corpus Christi shall have the right to remove, excavate, and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping utility lines in, on, over, under, and along the Premises, including but not limited to water, wastewater, storm water, storm water detention, filtration, drainage, and gas, and together with all lines, pipes, conduits, and other equipment, improvements, and appurtenances used in the supply and provision of public utilities. TO HAVE AND TO HOLD, all and singular, the rights and privileges as described above to the Grantee, its successors, legal representatives, permitted assigns, and franchisees, for the proper and public use as a utility easement and for so long as used Utility Easement Template 1.0 5.2.14 SCANINJED for such purposes and, if the use of said utility easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. GRANTOR The person signing this utility easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. Southside t res III, LP, 0 131 aoao n Caba lero, President Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 3rd day of n 2020, by Dan Caballero, President, a Texas corporation, on behalf of said corporation. 490ArIN VERONICA ELIZABETH VALDEZ Utitiniieft (hilt° * * Notary IQ Expires Notary Public, State of Texas % a My Commission Expires 07/13/2022 Page 2 of 3 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: Ail/ ....u. • (6 " ZO L4 ill Alt ' "a .nd III, AIA, CBO Date Director of Development Services STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 10 day of J� -� 2020, by Albert Raymond III, Director of Development Se. ices, a Texas home-rule municipal corporation, on behalf oration. I �`?`. ,.L,RY PV6:e.'•4 I m: PI/ iS- : otary Public, State of Texas kt),..•!.•26i7 2 A'S1... 4 APPROVED AS TO LEGAL FOR 12"10 `-"'e / 7 , 2020. -. )-7/Lf__YL 4.,,, 6-,\- Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" — Metes and Bounds Descriptions Exhibits "B" — Field Notes Maps Page 3 of 3 UTILITY EASEMENT 2813 SQUARE FEET THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 2813 square foot tract of land situated in Lot 11,Section 26 of the Flour Bluff& Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas and being a portion of a called 37.13 acre tract of land described by Warranty Deed dated July 27, 2018, conveyed from Palm Land Investment, Inc. to Southside Ventures III, L.P. as recorded in Instrument No. 2018032872 of the Official Public Records, Nueces County, Texas, said 2813 square foot tract of land being more fully described by metes and bounds as follows: COMMENCING at a found 5/8" steel rebar marking the southwest corner of Lot 9, Block 7 of the Cayo Del Oso Subdivision, Section 2 according to the established map or plat thereof as recorded in Volume 69, Pages 236-237 of the Map Records, Nueces County, Texas, and being the north corner of a called 0.108 acre Utility Easement as described in Instrument No. 2018052865 of the Official Public Records, Nueces County,Texas; THENCE,South 61°18'39" East,with the common line of said Cayo Del Oso Subdivision, Section 2 and said Utility Easement,a distance of 40.00 feet to a point; THENCE, South 28°41'21" West, crossing said Utility Easement, a distance of 5.00 feet to a set 80D nail marking the POINT OF BEGINNING and the north corner of the herein described easement; THENCE, over and into said 37.13 acre tract the following four courses and distances: • South 61°18'39" East, a distance of 7.50 feet to a set 80D nail for the east corner of the herein described easement; • South 28°41'21" West, a distance of 375.00 feet to a set 80D nail for the south corner of the herein described easement; • North 61°18'39" West, a distance of 7.50 feet to a set 80D nail for the west corner of the herein described easement; • North 28°41'21" East, a distance of 375.00 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 2813 square foot tract of land, more or less. Basis of bearing is based on the Texas State Plane Coordinate System (NAD83), South Zone (4205). This survey was adjusted using a combined scale factor of 1.00003518679844(GEOID12A). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in January, 2020 and are true and correct to the best of my knowledge and belief. {�,,.*/%fall ♦r , k jiraw 02/03/2020 A. _4 .w Urban Surveying, Inc. I � ; 11 By: Michael K.Williams a1¢ t�, v ‘0. Registered Professional Land Surveyor �7iti. s� "•��' Texas No.6616 E21463.03-Utility Easement EXHIBIT A UTILITY EASEMENT 4BEING A 2813 SQUARE FOOT TRACT OF LAND SITUATED IN LOT 11,SECTION /i' ,e416... 26 OF THE FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS AS t,'°�,�°,�‘ RECORDED IN VOLUME A, PAGE 41 OF THE MAP RECORDS, NUECES '/,i.•,/,,,b"'•` COUNTY,TEXAS AND BEING A PORTION OF A CALLED 37.13 ACRE TRACT OF SIT _ ���,.�(;•�i� o LAND DESCRIBED BY WARRANTY DEED DATED JULY 27, 2018, CONVEYED \'° NI. w FROM PALM LAND INVESTMENT,INC.TO SOUTHSIDE VENTURES III,L.P.AS RECORDED IN INSTRUMENT NO. 2018032872 OF THE OFFICIAL PUBLIC / RECORDS,NUECES COUNTY,TEXAS. ,r Q VICINITY MAP / LEGENDrlga(lom¢cm,RldltlEZ357 ASP MA6 , / ©1[ I II =REV, . 331,0;@C37' These standard symbols will LOT 9 / / be found in the drawing. POINT OF COMENCINGJ / BOD 0 SET BOD NAIL FSR, \ / FSR• FOUND 5/8'STEEL REBAR /7\ POINT OF BEGINNING —— ———— EASEMENT LINE LOT 8 / `J 809 \ \ oo\ // \\ \\ / LOT 7 rfi\ \ / WARRANTY DEED /PALM LAND INVOESTMENT, INC. / // ?O7�?g J \\\\\ \ T SOUTHSIDECALLED VENTURES L.P. / \\ INSTRUMENT NO. 2018032872 / \\ OFFICIAL NUE ES COUNTY,RECORDS. / / \ \ JUL. 27, 2018 / / / \\ \\ / / \\ / / UTILITY EASEMENT /f 2813 Sq. Feet o/ / e I o / cs# / ,;. ry• //.'� ry��Kry -sit� s S / //0 I' 6 / / � �` yr // / 4� �•r/ / / / 0 50 100 IM =NM /// / MIIIIIIM / / // GRAPHIC SCALE IN FEET / NOTE: / / THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF // AN ABSTRACT OF TITLE. THERE MAY BE EASEMENTS, OR OTHER MATTERS. NOT SHOWN. BOI / / BASIS OF BEARING IS BASED ON THE TEXAS STATE PLANE 6,4800 COORDINATE SYSTEM (NAD83), SOUTH ZONE (4205). THIS / SURVEY WAS ADJUSTED USING A COMBINED SCALE FACTOR OF 1.00003518679844 (GEOID12A). / LINE BEARING DISTANCE THE ABOVE PLAT AND ACCOMPANYING LEGAL DESCRIPTION WERE LI S 61'18'39' E 40.00' L2 S 28'41'21'W 5.00' PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND L3 S 61'18'39' E 7.50' UNDER MY SUPERVISION IN JANUARY, 2020 AND ARE TRUE AND L4 N 61'18'39'W 7.50' CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 0 A USI �� OF -- �;�I�� /�� `*f 4•9�k Land Surveying+Aerial Imaging 'r ^ 02/03/2020 ) • """ MICHAEL K. WILUAMS VICTORIA,TEXAS 1361)578-9837 FIRM*10021100 URBAN SURVEYING,INC. 10 CUERO,TEXAS (381)277-11061 FIRM010021101 BY:MICHAEL K.WILLIAMS \ . 6616 : / SAN ANTONIO,TEXAS(210)287-8660 FIRM 410193843 REGISTERED PROFESSIONAL LAND SURVEYOR ;9 ....fr.ss 1 o.y0� DRAWN BY: MMB TEXAS NO.6616 — $,VI' JOB NO.: E21463.03 / EXHIBIT B Nueces County Kara Sands Nueces County Clerk *VG-67-2020-2020027973* Instrument Number: 2020027973 Official Public Records EASEMENT Recorded On: July 02, 2020 01:51 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $27.00 STATE OF TEXAS r-o�N1Y COI i1, Nueces County 4 *��� I hereby certify that this Instrument was filed in the File Number sequence on the date/time ��� „,i printed hereon,and was duly recorded in the Official Records of Nueces County,Texas `C. r a Q,. ' F S\cc_N Kara Sands It‘‘ NUE , Nueces County ClerkOKCIAAGu�L(/L Nueces County, TX -� ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020027973 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200702000155 2406 LEOPARD STREET Recorded Date/Time: July 02, 2020 01:51 PM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK04