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HomeMy WebLinkAboutC2005-095 - 1/21/2005 - NATract 8 Utility Easement ~: -~ c~ 2005004019 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