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HomeMy WebLinkAboutC2005-036 - 1/18/2005 - ApprovedTRA£1 433 STATE OF TEXAS COUNTY OFNUECES Utilitv Easement Doc# 20050036,77 KNOW ALL BY THESE PRESENTS: That the undersigned1 "GRANTOR" (whether one or more) of 2610 Rodd Field Road, Corpus Christi, Texas, 78414, in consideration o[ 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 o[ 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 appurtenances 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 Construction 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" a~tached hereto and adopted by this reference as a part hereo[ for all purposes. 200~036 01/18/05 M2005-020 Estes, Rodgers Paxton, et al TRACT 433 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 rull 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 to 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. ri-HE REST OF THIS PAGE IS INTENTIONALLY LEFT BI._ANK] 192822 vi TRACT 433 Signed the /"~/~' day of '~ ~/,c~_ Grantor ,2004. od~tat~a~t°d~s, In dependent Executor of the of Rodgers Francis Estes, Deceased Ro Independent Co-Executor of the Delma Lorraine Estes, Deceased Monte Le'ntz Estes, Indepe~nt Co-Executor of the Estate of Delma Lorraine Estes, Deceased THE STATE OF '~'~F.,~.~.~ § COUNTY Of This instrument was acknowledged be[ore me on ,'~- 2004, by Rodgers Paxton Estes, lndependent Executor of the Estate of Rodgers Francis Estes, Deceased. THE STATE OF /~:~-~'~ § § COUNTY OF This instrument was acknowledged before me on ~ /'7 2004, by Rodgers Paxton Estes, Independent Co-Executor of the Estate of Delma Lorraine Estes, Deceased. .,";' .'::'- LORI A. ZACHE~ MY C~M~SSIO~q EXP1RES % i-..~.![ .--~e, ~07 I (12822 v] TI~,CT 433 THE STATE OF / ~-J/Ot~-~ § § COUNTY OF ,~,.~.(~-ez?; § This instrument was acknowledged before me on /.~,o~ /7 2004, by Monte Lentz Estes, Independent Co-Executor of the Estate of Delma Lorraine Estes, Deceased. Notary Public, St'~o[ '")-~,,t_,~.~ 192§22 vi I'RACT 433 ACCEPTED for the City of Corpus Christi, a municipal corporation and politic under the laws of the State of Texas on t ] 7. c ,200/4.c~ Grantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 Ci[y Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 eorge K. Noe x~ City Manager APPROVED AS TO LEGAL FORM ON Je~ / ~- for the CI7~' ATTORNEY THE STATE OF ~"~ ',~q ~ COUNTY OF NUECES Joseph Ha~ey, Assistant q~Jy Attorney City Legal Department This instrument was acknowledged before me on ,-)Ct '~ L~L~3,~ ./..0 c; , 2004,5 by ~ . . ' . for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. *George ~, City Manager }Notary Public, S~te i ~ROSALINOA 8 CORTEZ N0tar~ Public STATE OF TEXAS · <~ROSALINOA S CORTEZ ., ~-r MyC~.~.11-24-20~~ 192822 vl URBAN ENGINEERING Job No. 33760.A20-5 October 5, 2003 Revised: Dec. 7, 2004 (36 I)854 310] PO BOX 6355 · CORPUS CHRISTI, TEXAS 78466 6355 FAX (361)854 6001 EXHIBIT A TRACT 433 STATE OF TEXAS COUNTY OF N13ECES Fieldnotes for a 25.00 foot wide utility easement out of Lot 1, Block 17, Rodd East Addition, a map of which is recorded in Volume 27, Page 100, 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 further 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 4, Block 17, Rodd East Addition, a map of which is recorded in Volume 28, Page 86, Map Records of Nueces County, Texas, and for the north comer of said Lot I and of this easement, fi'om which Point of Beginning a National Geodetic Survey monument stamped "SS-100" bears South 63 °35'56' West 19,819.61 feet and another National Geodetic Survey monument sh~nped "SR-070" bears Sou[h 13°40'51'' East 13,403.06 feet; Thence South 61 ° 16'31" East, with the abovementioned common boundary, same being the northeast boundary o£ this easement, 25.O0 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 163.92 feet to the common boundary of said Lot 1 and Lot 2, Block 17, Rodd East Addition, a map of which is recorded in Volume 27, Page 100, Map Records of Nueces County, Texas, for the south comer of this easement; Thence, North 61 °45'59" West, with the above mentioned common boundary, same being the southwest boundary of this easement, a distance 0f23.62 feet pass a found 3/8 inch iron rod, in all a total distance of 25.00 feet for the west comer of this easement; Thence, North 29°09'41" East, with the northwest boundasy of this easement along the existing southeast boundary of said Rodd Field Road, a distance of 164.13 feet (Plat= 163 58 feet) to the Point of Beginning ~d containing 4,100 620 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- 17,127,465.1516 East coordinate -- 1,338,024.l 126) 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. SA AZAR, R.P.L.. License No. 4909 S:N3'I760-A205NPHASE4-FN-EX/llBITSN3Y~'~'F,N'~t~E · CORPUS CHRISTI, TEXAS 78404 mail@utbonong corn Page I of I S~'AI~ 0~ TEX~ COUNTY OF NUECrc~ I hereby (~t~y mai bbs ~rr~t was FILED in File ~ Seque~x~ on ~e date end at the hma stamped he~en by me, ~ was duiy RECORDED, in the 0~:~1 Pubic Records ol N~eoe~ Cour~/..Texm COUNTY CLERK NUECES COUN3~,TEXAS Any pr~wision h~reln v~ich r~ldcts the ~ele. l~e~'al m' u~e OI Ihe describe~ REAL PROPERI~ because ol Race Col~ Rer~. Sex. I-tarcih:~o, Farniliat .S~tL~S O~ Nalio~a~ Odg~n, i~ I~valld and u,enh~rceabl~ under FEDERAL LAW. 3f12/89 City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277