The URL can be used to link to this page

Home My WebLink AboutC2005-096 - 1/21/2005 - NATract 9 c)O STATE OF TEXAS COUNTY OF NUECES Utility Easement Doc~ ~-00~004~0 KNOW ALL BY THESE PRESENTS: That the undersigned JARRELL WILKE and MARGO MOORE, individually and as executrix of the Estate of Lenora Smith Wilke ("Grantor"), whether one or more, of Corpus Christi, Nueces County, Texas, in consideration ot Ten Dollars ($10.00) and other good and valuable consideration, paid by Lhe 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 o[ placing underground utility lines and pipelines within that cedain 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' toot wide construction easement, west of and adjacent to the above-described utility easement and marked "35D0 Temporary Construction Easement" on said Exhibit "B" ("Temporary Construction Easement"). Said Temporary Construction Easement will be used for the purpose of providing working room and storage of materials and machinery during the constructing or laying of the initial underground sanitary sewer line under the terms of this grant. This Temporary Construction Easement automatically terminates upon completion and acceptance by the City Manager o[ the City of Corpus Christi, Texas o[ the initial underground sanitary sewer line laid or constructed. The location of the 2005-096 01/21/05 t Wilke, Jarrell, et al City of Corpus Christi P. O. ~ox §2?? Department of Engineering Service PROPERTy & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 ~-" ~¥ ~,~d !v ~ha[ ~h~s ~su~ ~s FILED ~n Fib Sa ~,,.~s~ ~n ~e d~ie af~ al the ~me ~r~ h~em by me, N~.; ,~s Caun~.T~as Tract 9 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. This Utility Easement may be signed by one or more persons, and the term "Grantor" shall be construed 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. It 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 Grantee. 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 nearly as practicable to the same condition as existed prior to such construction. Grantee shall have no right to use any of Grantor's properly outside the easements herein conveyed. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City o[ Corpus Christi, Texas, its successors and legal representatives, for the above-described municipal purpose or constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing, keeping and removing said underground utilit~ lines and pipelines, as a public utility, rot 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 /~~-~l '~ day of December, 2004 2 192538 Grantor Tract 9 ,,-FL ,-/q .- ,,,arrell Wilke Margo Moo[~, Individually and as Executrix of the Estate of Lenora Smith Wilke THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by Jan-ell Wilke on December 2004. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by Margo Moore, In.cl. iV,~lly and as independent Executrix of the Es[ate of Lenora Smith Wilke on December ~;~_~ ,~;004. Notary Public, State of=l'exas 192538 3 Tract 9 ACCEPTED for the City of Cor~us Christi, a municipal corporation and body politic under the Paws of the State of Texas on ?/~/J,4/ , .,~/ ,200~ ' rantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPER'FY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 A,;~f R Escobar, P,E., Diiec[or ~l~partment of Engineering Services APPROVED AS TO LEGAL FORM ON J~. 2.-~ ,2004"~-'- CITY A'FFORN EY By: Assist~iht City Attornex) THE STATE OF TEXAS § COUNTY OF NUEOES § This instrument was acknowledged before me on ~'"'~ ~'/', 20J~, by 'Angel R. Escobar as Director for Engineering Services for the~,/~ty of Cor,,¢,~ Christi, a Texas municipal corporation, on behalf of said corporation. EUSEBIO (~,RZA, III of T Fet3ma~y 14, 2~35 4 192538 (361)854-3]01 URBAN ENGINEERING P 0 BOX 5355 , CORPUS CHRISTi, ~E×AS 7B466 6355 Tract 9 Job No. 38757.A4.00 November 24, 2004 [^x (36~)as4-6o0~ State of Texas County of Nueces Fieldnotes for a 15.00 foot wide utility easement out ora 5.65 acre tract of land out of Lots 7 and 8, Section 21, Flour BlulTand Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 5.65 acre tract being the same land described in Doc. No. 2004029883, Official 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 County Clerk's File No. 904170, same being on the south boundary of said 5.65 acre tract described in deed recorded in Document No. 2004029883, Official Records of Nueces County, Texas, for the southwest comer of this easement, from which Point of Beginning a National Geodetic Survey monument stamped "SR-101" bears North 73°48'53" West 10,390.50 feet and another National Geodetic Survey monument stamped "SR-070" bears South 50°00'24" East 9,680.12 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 distant therefrom, measured at right angles thereto, a distance of 468.42 feet to a point on the common boundary of said 5_65 acre tract of land recorded in deed recorded in Document No. 2004029883, and a 3.65 acre tract of land out of said Lots 7 and 8, Section 21 described in deed recorded in Volume 1129, Page 01, Deed Records of Nueces County, Texas for the northwest comer of this easement; Thence, South 61o18'47" East, along the common boundary of said 5.65 acre tract of land recorded in Document No. 2004029883 and said 3.65 acre tract of land described in ¥olume 1129, Page 01, Deed Records of Nueces County, Texas, 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 468 .,12 feet for the southeast comer of this easement; $ 53 e 7~7~A400~'N.EX.HIB ITSelf'Tract .9.do~ 2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 78404 moll@urbaneng,com Page I of 2 EXHIBIT A Thence, North 61018'47" West, along the common boundary of said 5.65 acre tract of land recorded in County Clerk's File No. 904170, and said 5.65 acre tract described in deed recorded in Document No. 2004029883, Official Records of Nueces County, Texas, a distance of 16.77 feet to the Point of Beginning and containing 7,026 square feet ofland. 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 :X38757~A400~N-EXHIB ITS~:NTract-9 doc page 2 o1'2 eXHIBIT