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HomeMy WebLinkAboutC2005-097 - 1/21/2005 - NASTATE OF TEXAS § COUNTY OF NUECES § That the undersigned GEORGE T. SMITH and ("Grantor"), whether one or more, of Corpus Christi, Tract 7 Utility Easement Doc# 2005004018 KNOW ALL BY THESE PRESENTS: wife, FAYE l~L SMITH 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"), 120l 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 that certain tract of land described on Exhibit "A' situated in Nueces County, Texas (the "Premises"), together with flee 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, east of and adjacent to the above-described utility easement and marked "35.00 Temporary Construction Easement" on said Exhibit "B" 2005-097 01/21/05 1 Smith, George T., et al Tract 7 ("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 of the City of Corpus Christi, Texas of the iifitial underground sanitary sewer linc 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" 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. 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 Grantee. The fights 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 to 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 2 192146 Tract 7 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 and legal representatives, for the above-described municipal purpose or constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing, keeping and removing said underground utility lines and 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 mud privileges cease. Signed this [ ~ day of December, 2004 Grantor George T. Smith F~ye l('. Smith THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by George T. Smith and Faye K. Smith on Decemb,e~, I.,~, 2004. ~ =. :z ~ -V ..' : Notar~ Publi~, State of Texas -., -.....}g.. % '~o'"' ": 3 ,, flS:~ Tract 7 ACCEPTED for the City of Corpus Christie a municipal under the laws of the State of Texas on ~////,,t ~ / Grantee corporation and body politic ,200~.ff 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 An~I K Escobar, P.E., Director Department of Enginee~g Se~ices ~PROVED AS TO LEGAL FO~ ON ~/~ ~ CITY ATTOR~Y ,200ff ( By: Assis~t City~y THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~'/ ,20~, by Angel R. Escobar as Director for Engineering Service~-'for the Ci[~f/of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. ..-'~,{~.'"! EUSEB~O O_,~qZA, II] Notary Public, State of Texas ~/ 4 192146 (361)854-3101 P O, BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 URBAN ENGINEERING Job No. 38757.A4.00 2 November 24, 2004 EAX (361)85d-6001 Tract 7 State of Texas County of Nueces Fieldnotes for a 15.00 foot wide utility easement out of a 5.00 acre tract of land out of Lot 26, Section 20, Flour Bluffand Encinal Farm and Garden Tracks, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 5.00 acre tract being the same land described in deed recorded in Document No. 1996027562, 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 3.65 acre tract of land described in deed recorded in Volume 1129, Page 01, Deed Records of Nueces County, Texas, out of Lots 7 and 8, said Section 21, same being on the south boundary of said 5.00 acre tract, for the southwest comer of this easement, fi-om which Point of Beginning a National Geodetic Survey monument stamped "SR-101" bears North 78°04' 14" West 10,228.58 feet and another National Geodetic Survey monument stamped "SR-070" bears South 46°31'40" East 10,179.23 feet; Thence, North 02007'23'' 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 432.55 feet to a point on the common boundary of said 5.00 acre tract of land and a 5.00 acre tract of land also out of Lot 26, Section 20, said Flour Bluffand Encinal Farm and Garden Tracks, described in Clerk's File No. 494551 for the northwest comer of this easement; Thence, South 61°18'4T' East, along the common boundary of said 5.00 acre tract described in Document No. 1996027562 and said 5.00 acre tract described in Clerk's File No. 494551, a distaJace of 16.77 feet for the northeast comer of this easement; Thence, South 02007'23'' West, parallel to the west boundary of said Airline Road, and 17.50 feet distant therefrom, measured at right angles thereto, a distance of 432.55 feet for the southeast comer of this easement; Thence, North 61°18'47" West, along the common boundary of said 5.00 acre tract described in Document No. 1996027562 and said 3.65 acre tract, a distance of 16.77 feet to the Point of Beginning and containing 6,488 square feet of land. S :x3 Il? 57~.400~ZN-EXHm ITS ~qTract-7.doc 2725 SWANINER DR · CORPUS CHRISTI, TEXAS 78404 mall@urbaneng.com Page I of 2 EXHIBIT A Bearings bascd 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- l 01" (Nor'th 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 premnble, 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. kicense No. 4710 5; 5B 8757~A400~WN -E XH IB ITS\I~/Tr act 7.doc Page 2 of 2 XHIBIT A City of Corpus Christi P. O. Box 9277 Department of Engineering Se~ce PROPERTY & I_AND ACQUISITIOI~DI¥. Corpus Christi, Texas 78469~277 C©U~W O~ COU~C/ERK ~tUECE$ COUNTY