HomeMy WebLinkAboutC2005-095 - 1/21/2005 - NATract 8
Utility Easement
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STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
That the undersigned ROY SMITH ("Grantor"), whether one or more, o[ Corpus Christi,
Nueces County, Texas, 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
("Grantee"), 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469-9277, 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 and legal representatives, the free
and uninterrupted use, liberty, privilege and exclusive easement of placing underground utility lines
and pipelines within thai certain tract of land described on Exhibit "A" situated in Nueces County,
Texas (the "Premises"), together with free ingress and egress within said easement by Grantee, its
duly authorized agents, servants, and contractors, to be used from time to time for the municipal
purpose of constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing,
Keeping and removing public underground utility lines and pipelines (including above and below
ground appurtenances thereto) in, under and along the Premises marked "15 00 Foot Wide Utility
Easement" on Exhibit "B," which is attached hereto and adopted by this reference for all purposes
("Utility Easement").
GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE an additional 35'
foot wide construction easement, west of and adjacent to lhe above-described utility easement and
rnarkec; "35.00 Temporary Construction Easement" on said Exhibit "B" ("Temporary Construction
Easement"). Said Temporary Construction Easement will be used [or the purpose of providing
working room and storage oi: materials and machinery during the constructing or laying oi: the initial
underground sanitary sewer line under the ~errns 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 underground sanitary sewer line laid or constructed. The location of the
above<lescribed Utility Easemenl and Temporary Construction Easement are more padiculady
2005-095
01/21/05
Smith, Roy
Tract 8
described by the plat identified as Exhibit ~B" attached hereto and adopted by this reference as a part
hereof for afl purposes.
This Utility Easement may be signed by one or more persons, and the term "Grantor" shall be
conslrued to be singular or plural, as the case may be. If this Utility Easement is granted by more than
one Grantor, this Utility Easement may be signed in multiple copies which, taken together, shall be
deemed as a single document. If this Utility Easement is signed by less than all of the owners of the
Premises, then this Utility Easement shall constitute a grant of the interest in the Premises of the
Grantor or Grantors who do sign, and not of the interest of any owner who does not sign a Utility
Easement to Grant,~.
The rights conveyed to the Grantee herein are easements only, and there is reserved unto the
Grantor, Grantor's heirs, executors, successors and assigns, the full use and enjoyment of the
Premises by Grantor and Grantor's heirs, executors, successors and assigns, subject only to the
dominant right of the Grantee [o the use and enjoyment of said Utility Easement and Temporary
Construction Easement, without interference, for the purpose of constructing underground utility lines
and pipelines in said Utility Easement. 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 neady as practicable to the same condition as existed prior to such construction. Grantee shall
have no right to use any of Grantor's proper~y outside the easements herein conveyed.
TO HAVE AND TO HOLD, ALL AND $1N6ULAR, the rights and privileges aforesaid to the
City of Corpus Christi, Texas, its successors and legal representatives, for the above-described
municipal purpose or constructing, laying, operating, inspecting, servicing, rapairing, maintaining,
replacing, keeping and removing said underground utilib/lines and pipelines, as a public utility, for so
long aa the same are used for such purpose, and if the use of said easement is ever abandoned, then
the aforesaid rights and privileges cease.
Signed this ~ I~,~_ day of December, 2004
2
192506
Tract 8
pipelines, as a public utility, 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.
Signed this -~.~' day of December, 2004
Grantor
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on December~, 2004.
. f.,,.~/' .,, : '~,,: !!A SHERE~' SA~4CHEZ
Notary Public, State of Texas
3
192506
Tract 8
ACCEPTED for Ihe City of Co/~us, Christi, a municipal corporation and body politic under the
laws of the Slate of Texas on ,f////¢, ~ / , 20¢'~-
///' /G'G ran ee
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
obar, P.E.. Director
e~Sar~ment et Engineering Services
APPROVED AS TO LEGAL FORM ON J~,~.,~..-~ ,,~ 9 .2004¢,¢'~
CITY A'I-FORNEY
Assl*tant City Attor~ey
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,~f, 20~, by Angel
R. Escobar as Director for Engineering Services for the~rfy of Corpt.j~'Ohristi, a Texas municipal
corporation, on behalf of said corporation.
4
192506
(361)854-3101
URBAH
PO BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355
Job No. 38757.A4,00
November 24, 2004
FAX (361)85&600
Tract 8
State of Texas
County of Nueces
Fieldnotes for a 15.00 foot wide utility easement out of a 3.65 acre tract of land
out of Lots 7 and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tract,s, a map
of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas,
said 3.65 acre tract being the same land described in deed recorded in Volume 1129, Page
01, Deed Records of Nueces County, Texas; said utility easement being more fully
described by metes and bounds as follows:
Beginning at a point on the north boundary of a 5.65 acre tract of land out of Lots
7 and 8, said Section 21 recorded in Document No. 2004029883, Official Records of
Nueces County, Texas, same being on the south boundary of said 3.65 acre tract, for the
southwest comer of this easement, from which Point of Begirming a National Geodetic
Survey monument stamped "SR-101" bears North 76°20'47" West 10,286.73 feet and
another National Geodetic Survey monument stamped "SR-070" bears South 47°52'56''
East 9,974.53 feet;
Thence, North 02°07'23'' East, parallel to the west boundary of Airline Road, a
60.00 foot wide public roadway, and 32.50 feet dislant therefi'om, measured at fight
angles thereto, a distance of 314.07 feet to a point on the common boundary of said 3.65
acre tract of land and a 5.00 acre tract of land out of Lot 26, Section 20, said Flour Bluff
and Encinal Farm and Garden Tracts, described in deed recorded in Document No.
1996027562, Official Records of Nueces County, Texas for the northwest comer of this
easement;
Thence, South 61 °18'47" East, along the common boundary of s~d 3.65 acre
tract and said 5.00 acre tract, a distance of 16.77 feet for the northeast comer of this
easement;
Thence, South 02°07'23'' West, parallel to the west boundary of said Airline
Road, and 17.50 feet distant therefrom, measured at right angles thereto, a distance of
314.07 feet for the southeast comer of this easement;
Thence, North 61018'47'' West, along the common boundary of said 5.65 acre
and said 3.65 acre tract, a distance of 16.77 feet to the Point of Begirming and containing
4,711 square feet of land.
S:~38757Ltt400~Iq-EYdtlB1TS ~NTr acl-8 .doc
2725 SWANTNER DR, · CORPUS CHRISTI, TEXAS 78404
rnall@urbaneng corn
page 1 of 2
EXHIBIT
Bearings based on the State Plane Coordinate System, NAD83, Texas South
Zone. National Geodetic Survey monuments "SR-070' (North coordinate -
17, 123,255.15 East coordinate - 1,358,946.59) and "SR- 101" (North coordinate -
17,132,372.83 East coordinate = 1,341,551.78) were used as control points. Coordinates
shown hereon are based on Texas State Plane Coordinate System, South Zone (NAD83).
Measurements shown hereon are surface measurements.
Unless this fieldnotes description, including preamble, seal and signature, appears
in its entirety, in its original form, surveyor assumes no responsibility for its accuracy.
Urban Engineering
Dan L. Urban, R.P.L.S.
License No. 4710
S 53 8757~A40~\FN-EXHIBITS\I:NTract-8 doc
Page 2 oi2
EXHIBIT A
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROPERTY & LAND ACQUISITION DIV.
Corpus Christi, Texas 78469-9277