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Home My WebLink AboutC2005-037 - 1/18/2005 - ApprovedSTATE OF TEXAS Doc# 2005~ Doc# 20050036?6 Utility Easement § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § 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, [he free and uninterrupted use, liberly, privilege, and exclusive easement of going in, on, over, under, and along a ced:ain 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 appurlenances 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 Fifteen 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 automatic, ally 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 padicularly described by the plat identified as Exhibit "B" attached hereto and adopted by this reference as a part hereof for all purposes. 2005-037 01/18/05 M2005-020 Estes, Rodgers Paxton, et al TRACT 432 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 Ihe 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. [THE REST OF THIS PAGE 1S INTENTIONALLY LEFT BLANK] 192822 v3 TRACI 432 Grantor ,2004. Rodg~Paxton Est~s, Independent Executor of the E~Jtate of Rodgers Francis Estes, Deceased Independent Co-Executor Rogersz:J~xton Estesfl of the Estate of Delma Lorraine Estes, Deceased Monte Lentz Estes, Indeperfd~nt Co-Executor of the Estate of Delma Lorraine Estes, Deceased THE STATE OF T~-~-,~ § COUNTY OF This instrument was acknowledged before me on ~ ]7/~-2004, by Rodgers Paxton Estes, Independent Executor of the Estate of Rodgers Francis Estes, Deceased. THE STATE OF COUNTY' OF This instrument was acknowledged before me on ~... 2004, by Rodgers Paxton Estes, Independent Co-Executor of the Estate of Delma Lorraine Estes, Deceased. 1(;2822 v3 TRACT 432 THE STATE OF '~ y~, ~ § ~ § COUNTY OF /~"[.f.~(."i~ "L. § This instrument was acknowledged before me on /'~'~,"_. /-'/~ 2004, by Monte Lentz Estes, Independent Co-Executor of the E~state of Delma Lorraine Estes, Deceased. ~'Notary Public,~at,~of '7-'e~:¢, 5 192B22 v3 TRAC'[ 4~2 ACCEPTED for the Ci[y of Corpus Chris[i, a municipal corporaUon and poli[ic under [he laws o[ the State of Texas on I/ 2-C; , 200~ ~J Grantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 Ci[y Hall, 1201 Leopard S[reet, THIRD FLOOR Depar[men[ of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Chris[i, Texas 78469-9277 ~YL~dtb~E~.E:5,xt~-xt~kJeorge K. Noe x~~r~s City Manager APPROVED AS TO LEGAL FORM ON J*~-~-~f. / Z-- , 200~.V" for [he CITY ATTORNEY ! Joseph Ha e~y, As's~Attomey City Legal Department THE STATE OF '~ ~rr4 5, § COUNTY OF NUECES § This instrument was acknowledged before me on t.~(~4,tbLOj~ ~(~ , 20¢4'~ by *J~$etxl~.x~,.~l~atxa~l~fl-~'t~rxlttrxlJa~t4~fi~g~,~ for the Cil~ of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Geo~p~g~K. Nee, City Manager k~o~ I,l F (~ '.q t~ ¢.~, (-'~ ~4, %~ ,~ ~.~ ('. ~'1 ~'~I~) iD.i~[.~L ~i, &...~t ~ ~ ~e, ~'L¢.F' Notary Public, State of Texas ) 192822 ~3 (361)854-3101 Job No. 33760.A205 I,I I B kl l OctoberS, 20o Revised: Dec. 7, 2004 ENGINEERING PO BOX 6355 · CORPUS CHRISTI, TEXAS 78466 6355 FAX (361)854-6001 EXHIBIT A TRACT 432 STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 25.00 foot wide utility easement out of Lot 2, 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 properly conveyed in deed recorded in Volume 955, Page 204, Deed Records of Nueces County; said utility easement 'oeing 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 1, 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 Lot 2 and of this easement, 15om which Point of Beginning a National Geodetic Survey monumenl stamped "SS-100" bears South 63°52'09" West I9,684.46 feet and another National Geodetic Survey monument stamped "SR-070" bears South 14009'44'. East 13,283.18 feet; Thence South 61 °45'59" East, witk the abovementioned common boundary, same being the northeast boundary of this easement, a distance of 1.38 feet pass a found 3/8 inch iron rod, in all 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 Rom, measured at right angles thereto, a distance of ] 57 91 feet to the common boundary of said Lot 2 and Block 2, Estas Tract, a map of which is recorded in Volume 26, Page 8 l, 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 of 23.65 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°09'41" East, with the northwest boundary of this easement along the existing southeast boundary of said Rodd Field Road, a distance of 157.91 feet to the Point of Beginning and containing 3,947.830 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 = 1,338,024.1126) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas State Planei Coordinate System, South Zone (NAD83). URBAN ENGINEERING JUAN J. SALAZAR, R.P.L.S. License No. 4909 S:k33760'A205XPHASE4-FN'£XHIBITS\337~'~o~i~ * CORPUS CHRISTI, TEXAS 78404 rnail@urbaneng corn Page I of I ~l ~h~ descdbeU REAL pgDPERTY because ~ on, SeJ, Han:))ca~ i:~i~ ~ S ~.us or Na/lon~) City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277