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Home My WebLink AboutC2005-099 - 1/21/2005 - NASTATE OF TEXAS COUNTY OF NUECES Tract 5 Utilitw Easement ~: ~- '- *~ ~,~O~40 1 g KNOW ALL BY THESE PRESENTS: That the undersigned STAPLES DEVELOPMENT, LLC, ("Grantor"), whether one or more, of 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 that 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, east of and adjacent to the above-described utility easement and marked "35.00 Temporary Construction Easement" on said Exhibit "B" ("Temporary Construction Easement"). Said Temporary Construction Easement will be used 2005-099 01/21/05 1 Staples Development, LLC Tract 5 for the purpose of providing working room and storage of materials and machinery during the constructing or laying of the initial underground sanitary sewer hne under the terms of this grant. This Temporary Construction Easement automatically terminates upon completion and acceptance by the City Manager of the C~ty of Corpus Christi, Texas of the initial underground sanitary sewer line laid or constructed. The location of the above-described Utility Easement and Temporary Constpaction 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 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 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 easement, restore the surface of land within the easement areas as nearly as practicable to the 2 192142 Tract 5 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, repaking, 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 fights and privileges cease. Signed this -;~h""day of~c:,~ab~r, 2004 Grantor STAPLES DEVELOPMENT, L.L.C. Ata O. Azali, Manager THE STATE OF TEXAS COUNTY OF NUECES This instrurrlept was acknowledged before me on D~cembor ,~/,t , 2004. Notary Public, State of Texas 3 192142 Tract 5 ACCEPTED for the City of Corpus Christi a municipal corporation and body politic under the laws of the State of Texas on//,/,-//y ff,./ ,200~.5" Grantee C1TY 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 / bar, P.E., Director ent of Engineering Services APPROVED AS TO LEGAL FORM ON CITY ATTORNEY By: 4 192~42 Tract 5 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on~-'~''- ~'/, 20~,, by 'Angel R. Escobar as Director for Engineering Servi~'~for the C~ff~ Corpus Christi, a Texas municipal corporation, on behalf of said corpora~-fon. 5 192142 36!)85a 3101 ENGINEERING PO BOX 6355 · CORPUS CHRISTI TEXAS 78a66 6355 Job No. 38757.A4.00 November 24, 2004 FAX (361)854-6001 Tract 5 State of Texas County of Nueces Fieldnotes for a 15.00 foot wide utility easement out of a 13.3428 acre tract of land out of Lot 27, Section 20, Flour Bluff`and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 13.3428 acre tract being the same land described in deed recorded in Volume 1481, Page 259, Deed Records of Nueces County, Texas; smd utility easement being more fully described by metes and bounds as follows: Beginning at a point on the north boundary of a 5.00 acre tract of land described in deed recorded in Clerk's File No. 499551, out of Lot 26, said Section 20, same being on the south boundary of said 13.3428 acre tract, for the southwest comer of this easement, from which Point of Beginning a National Geodetic Survey monument stamped "SR-101" bears North 85028'48" West 10,087.95 feet and another National Geodetic Survey monument stamped "SR-070' bears South 41 °24' 11" East 11,095.80 feet; Thence, North 02o07'23'' 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 157.43 feet to a point on the common boundary of said 13.3428 acre tract of land and an 80.00 acre tract of land described in Document No. 1998018126, out of Lots 19 thru 22, and Lots 29 and 30, Section 20, said Flour Bluff`and Encinal Farm and Garden Tracts for the northwest comer of this easement; Thence, South 61°19'09" East, along the common boundary of said 80.00 acre tract and said 13.3428 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 119.86 feet for the southeast comer of this easement; Thence, South 28°37'53" West, along the common boundary of said 13.3428 acre tract of land and said 5.00 acre tract of land, a distance of 33.61 feet to the Point of Beginning and containing 2,088 square feet of land. S :x38757~A400~CN-EXH [Il ITS~lZNTract.5 .doc 2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 78404 mail@urbaneng.corn Pagc I et-2 EXHIBIT a 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:~38757~.400~Flq -E)OtlB1TSh'XN'~r act-5 doc Page 2 of 2 EXHIBIT A City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277