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HomeMy WebLinkAboutC2005-035 - 1/18/2005 - ApprovedDoc# 2005~5 STATE OF TEXAS COUNTY OF NUECES Utility Easement KNOW ALL BY THESE PRESENTS: That the undersigned, "GRANTOR" (whether one or more) of 2610 Rodd Field Road, Corpus Christi, Texas, 78414, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, paid by the CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Nueces County, Texas 78469-9277, ("GRANTEE") the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and does hereby GRANT, SELL, and CONVEY to Grantee, its successors, legal representatives and assigns, the free and uninterrupted use, liberty, privilege, and exclusive easement of going in, on, over, under, and along a certain twenty-five foot (25') wide tract of land situated in Nueces County, Texas (the "Premises"), together with free ingress, egress, and regress within said easement by Grantee, its duly authorized agents, servants, and franchisees, to be used from time to time for the municipal purpose of constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing, keeping, and removing public utility lines (including above and below ground appu[lenances thereto) on, over, under, and along the Premises described in Exhibit "A" attached hereto and adopted by this reference for all purposes. GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary Cons[ruction Easement described as an additional Fifty foot wide construction easement, east of and adjacent to the above-described utility easement. Said temporary construction easements will be used for the purpose of providing working room and storage of materials and machinery during the constructing or laying of the initial public utility line under the terms of this grant. This Temporary Construction Easement automatically terminates upon completion and acceptance by the City Manager of the City of Corpus Christi, Texas of the Initial Line laid or constructed. The location of the above-described utility easement and temporary construction easement are more particularly described by the plat identified as Exhibit "B" attached hereto and adopted by this reference as a part hereof for all purposes. 2005-035 01/18/05 M2005-020 Estes, Rodgers Paxton, etal TRACT 431 The rights conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantor's heirs, executors, and assigns, the use and enjoyment of the Premises subject only to the dominant right of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. The City of Corpus Christi shall, from time to time, after any construction under the terms of this easement, restore the surface of land within the easement areas as nearly as practicable to the same condition, as existed prior to such construction. Grantee shall have no right [o use any of Grantor's property outside the easements herein conveyed. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives and assigns, for the above-described utility easement and temporary construction easement for the municipal purpose and uses herein above-described for so long as the same are used for such purpose, and if the use of said easement is ever abandoned, then the aforesaid rights and privileges cease. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 102822 v2 TRACT 43 I Signed the /"f p' day of ~-'C~'/,(~&_ Grantor ,2004. R ge~Paxton Est~s, Independent Executor of the E'~tate of Rodgers Francis Estes, Deceased Roge.~r ~,axton Est~s, Independent Co-Executor of the Estate of Delma Lorraine Estes, Deceased THE STATE OF COUNTY OF This instrument was acknowledged Monte Lentz Estes, Inde n ecutor of the Estate of Delma Lorraine Estes, Deceased before me on 2004, by Rodgers Paxton Estes, Independent Executor of the Estate of Rodgers Francis Estes, Deceased. THE STATE OF COUNTY OF otary Public, This instrument was acknowledged before me on .~. J"~ 2004, by Rodgers Paxton Estes, Independent Co-Executor of the Estate of Delma Lorraine Estes, Deceased. 1 ~)2822 v2 TRACT 431 THE STATE OF / CT~'ft ~ § COUNTY OF ,~, It.(~r'(.: ~ "~- § /'7 2004, This instrument was acknowledged before me on ~_ Monte Lentz Estes, Independent Co-Executor of the Estate of Delrna Lorraine Estes, Deceased. .... LORI A. ZAC~£R Notary Public, S~f 192922 v2 TR ACT 431 ACCEPTED for the City of Corpus Christi, a municipal corporation and politic under the laws of the State of Texas on ~ / :' ,2oo~'¢ / Grantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 ~aeorge K./Noe x~ City Manager APPROVED AS TO LEGAL FORM ON ',,../~e,~.-~ / 2 for the CITY A'I-FORNEY Jose h'~e~ /A/!sls'. - p y, ~J:fit City Attorney City Legal DEpartment THE STATE OF'-/{ k.~(~(c) § COUNTer' OF NUECES § * This instrument was acknowledged before me on 4.~ ~,L(;Lf).~.~ ~)-0 , 200g~ by ¢~[~~-~-[~~-~for the Ci~ of Co~us C~sti, a Tex~ municiual comomtion on behalf of said co~oration. * George K. N~ity ~ager Notary Public, State ~ex~ Clly srao. RtSIARy 192fl22 v2 ENGINEERING Job No. 33.760.A205 October 5, 2003 Revised: Dec. 7, 2004 (361)854 3101 PO BOX 6355 · CORPUS CHRISTi, TEXAS 78466 6355 FAX (361)854 6001 EXHIBIT A TRACT 431 STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 25.00 foot wide utility easement out of Block 2, Estes Tract, a map of which is recorded in Volume 26, Page 8 l, Map Records of Nueces County, Texas and being the same property conveyed in deed recorded in Volume 955, Page 204, Deed Records of Nueces County; said utility easement being flar'ther described as follows: Beginning at a point on the existing southeast boundary of Rodd Field Road (State Highway No. 357) for the west comer of Lot 2, Block 17, Rodd East, a map of which is recorded in Volume 27, Page 100, Map Records of Nueces County, Texas and for the north comer of said Block 2, Estes Tract and of this easement, from which Point of Beginning a National Geodetic Survey monument stamped "SS-100" bears South 64°07'57'' West 19,554.85 feet and another National Geodetic Survey monun~ent stamped "SR-070" bears South 14 °38'01" East 13,168.75 feet; Thence South 61°45'59" East, with the abovementioned common boundary, same being the northeast boundary of this easement, a distance of 1.35 feet pass a found 5/8 inch iron rod, in ail a total distance of 25.00 feet for the east comer of this easement; Thence, South 29°09'41" West, with the southeast boundary of this easement, parallel with the existing southeast boundary of Rodd Field Road and 25.00 feet distant there from, measured at right angles thereto, a distance of 298.18 feet to the COlin'non boundary of said Block 2, Estes Tract and ora 1.00 acre tract out of Lot 17, Section 27, Flour Bluff& Encinal Farm & Garden Tracts as described in deed recorded in Volume 957, Page 372, Deed Records of Nueces County, Texas, for the south comer of this easement; Thence, North 61 °26'38" West, v. ith the above mentioned common boundary, same being the southwest boundary of this easement, a distance ol-24.11 feet pass a found 5/8 inch iron rod, in all a total distance of 25.00 feet for the west comer of this easement; Thence, North 29°09'4 I' East, with the northwest boundary of this e~sement along the existing southeast boundary of said Rodd Field Road, a distance of 298.03 feet (Plat=298.21 feet) to the Point of Beginning and containing 7,452.624 square feet of land Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments "SR-070" (North coordinate 17,123,255.1563 East coordinate - 1,358,946.5964) and "SS-100" (North coordinate- 17,127,465A516 East coordinate - 1,338,024.1126) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83). URBAN ENGINEERING JUAN J. SALAZAR, R.P.L.S. License No. 4909 S:X33760-A205~PHASE4'FN-EXHIB1TS~337~2>~~0~ · CORPUS CHRISII, TEXAS 78404 mail@urbanong corn Page 1 of I ssl-*5'~s~ .......... %-:7. 25.00' ~ 12-7--04 Chcmmg~l U.E fra~'n 15.00' I and ~ .....~L, ~[ ~? Or Nsl~anal Or ~in is City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277