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Home My WebLink AboutC2005-100 - 1/21/2005 - NATract 4 Utility Easement Doc# 2005004015 STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That the undersigned (a) HAZEL N. HELDENFELS, Individually and as Independent Executrix of the Estate of Hugo Cullen Heldenrels, Deceased and as Trustee of the Heldenfels Life Trust established under the Will of H, C. Heldenfels, Deceased, (b) FRED W. HELDENFELS, III, Individually and as Trustee of the Fred W. Heldenfels III Nonexempt Trust and as Trustee of the Fred W. Heldenfels III Exempt Trust. (c) JOHN ORMS HELDENFELS, Individually and as Trustee of the John Orms Heldenfels Nonexempt Trust and as Trustee of the John Orms Heldenfels Exempt Trust. (d) HUGO CULLEN HELDENFELS, JR., (e) ALICE LUCILLE HELDENFELS SALLEE, (f) ASHLEE S. PATTON, (g) ALLISON S. SALLEE, (h) STEVEN CONN HELDENFELS, (i) JOHN ORMS HELDENFELS, JR., (j) FREDERICK W. HELDENFELS, IV, (k) KENNETH J. HELDENFELS and (I) GILBREATH N. HELDENFELS ("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 appurl:enances thereto) in, under and arong the Premises marked "15 Foot Wide Utility Easement" on Exhibit "B," which is attached hereto and adopted by this reference for all purposes ("Utility Easement"). 2005-100 01/21/05 Heldenfels, Hazel N., et al Tract 4 GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE an additional 35' foot wide cons[ruction easemen[, west of and adjacent to the above-described utility easement and marked "35.00 Temporary Construction Easement" on said Exhibit "B" ('%emporary Construction Easement"). Said Temporary Construction Easement will be used for the purpose oi: providing working room and storage of materials and machinery during the constructing or laying of the initial underground sanitary sewer line under the terms o[ this grant. This Temporary Cons/ruction Easement automatically terminates upon completion and acceptance by the City Manager of/he City of Corpus Christi, Texas of the initial underground sanitary sewer line laid or constructed. The location of the above-described Utility Easement and Temporary Construction Easement are more padicularly described by the plat identified as Exhibit "B" attached hereto and adopted by this reference as a par[ 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/he 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. Ii: this Utility Easement is signed by less than all oi: the owners of the Premises, then this Utility Easement shall constitute a grant of the interest in the Premises oi: the Grantor or Grantors who do sign, and not of the interest oi: 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, Gran[or's nelrs, executors, successors and assigns, the tull use and enjoyment of the Premises by Oran[or and Grantor's heirs, executors, successors and assigns, subject only to the dominant right of /he Grantee to the use and enjoymen~ o[ said Utility Easement and Temporary Construction Easement, without interference, for the purpose oi: constructing underground utility lines and pipelines in said Utility Easement. The City of Corpus Christi shall, from time to time, at'let any construction under the terms o[ this easement, restore the surface oi: land within the easement areas as heady as practicable to the same condition as existed prior to such construction. Grantee shall have no right to use any of Gran/or's property outside the easements herein conveyed. 2 192365 vi Tract 4 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 utilib/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 and privileges cease. S,gnedth,s deyo, ,2004. Grantor fels, Individually/and as Independent Executrix of the Estate of Hugo Cullen Heldenfels, Deceased and as Trustee of the Heldenfels Life Trust established under the Will of H. C. Heldenfels, Deceased W Helde ;Is, III, of the W. the III ~mpt Trust John Individu~ and as Jstee John eldenfels Ionexem Trust 3s of Ihe ns .~ls Exam Trust le Hugo Cullen Helde~ Is, Jr. Alic~ 3 192365 vi Tract 4 Ashlee S Patton Allison L. Sallee Steven Oonn Heldenfels John Orms Heldenfels, Frededcl, W. Heldenfels, IV Kenneth J. Heldenfels Gilbreati' N. Heldenfels THE STATE OF TEXAS COUNTY Of NUECES This instrument was acknowledged by Hazel N. Heldenfels, Individually and as Independent Executrix of the Estate of Hugo Cullen Heldenfels, Deceased and as Trustee of the Helde~fels Life Trust established under the Will of H. C. Heldenfels, Deceased, before me on Z(.,)t ,,'~c~¢-- /,.ff , 200 ~. ~!~f 'lii~ ),,) Nolary Public ~ ~ ~ MY Comm. Exp. 11-05-200~ ~ t 4 192365 vi Tract 4 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, se~,icing, repairing, maintaining, replacing, keeping and removing said underground utility lines and pipelines, as a public utility, [or so long as the same are used [or such purpose, and it the use o[ said easemenl is ever abandoned, then the aforesaid dghts and privileges cease. Signedthls /~/":~ayof I'~c~,~,~ ,2004. Grantor Hazel N. Hel~fels, In~idually and as~dependent Executrix of the~Estate o'f, x Hugo, Cullen I-~denfels, Deceased and as T~ustee of~he. Heidenfels Li~xTrust established under the~/ill of H. ObJ-leldenfels, Dece~ed Fred W. Heldenfels, III, Individui~lJ~and as Trustee of the Fred W. Heldentels III Nonexempt Trust and as Trustee o[ the Fred W. Heldenfels III Exempt Trust Joh~Orms Heldenfels, I and as~Trustee of the 192365 v2 Tract 4 GIIbreath N. Heldenfel~ - ~ ~ THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged by Fred W. Helden[els, III, Individually and as Trustee of the Fred W. Heldenfels III None~empt Trust and as Trustee of the Fred W. Heldenfels III Exempt Trust, before me on Z.~,(~, ,.._ t,,.-- / ~/ ,200 ~ . DEBORAH D WILSON Au~sl 8, 2905 Public,'>State of Texas 192365 Tract 4 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 il: the use el: said easement is ever abandoned, then the aforesaid dghts and privileges cease. Signedthis ¢~ dayof ]~L~bC_2'b. ,200 ¢. Grantor 192365 v3 !el N. Hel~nfels, IndiC'dually andes Independent tdx of t['~ Estate oK Hugo Cull~n Heldenfels, sed and ~ Trust~cf~.~the Heldre~elf~s Life Tr~t sm~~ u~r~, 5de s~ Fred W. ~ldenfels~ually ~s T~stee o~the F~~d ~t~f .r o e. onfe, X Heldenfeis, individually and as Trustee of the John O~s Heldenfels Nonexempt Trust and as Trustee of the John O~s Heldenfels Exempt Trust Hug~ Helden~ ,~ ~ Ali°e Lucilli~els Sa~ ~ ~ Tract 4 ,S. HeldenCe John .nCels, Jr. Frededcl~ Held IV Kenneth J. HIenfelS~ Gilbreath N. Hel~,enfels ~. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged by John Orms Heldenfels, Individually and as Trustee of the John Orms Heldenfels Nonexempt Trust and as Trustee of the John Orms Heldenfels Exempt Trust, before me on j~3~:_,:.,, ~.¢ ._ /-~ ,200 ~ . Public,'State of Texas 192365 v3 ~ Tract 4 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 and privileges cease. Signed this "~d day of .~ ,200 ~ Grantor N. Hal, In( idually ar Exe of Estate f Hugo Dec and Trustee ~f the esta lished und{ Will of -I. C. Helde Fred Heldenfels III, Individ Fred Heldenfels Nonexer the Fre( W. s III Exen John of the Johr Heldenfels, Heldenfels ~ally and It Trust Trust ldividual and as ~nexeml: :Trust )Is Exen ~t Trust .ifa Trust ceased of the stee of f the ~teG 192365 v4 Alice Lucille Hel~nfels Salle~ q Tract 4 Conn lenf Gilbreath N HE enfels ~ ' THE STATE OF TEXAS COUN']-Y OF NUECES i~¢rument ,*~.., UNDA GAlL ~VlE ~,]~o,/~l ~F; NOTARY pUBLIC 192365 v4 was acknowledged by Hugo Cullen Heldenfels, Jr., be[ore me on ,200 ~--. /0 Tract 4 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 utilib/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 and privileges cease. i . Grantor izel N. ~leldenfelsl Individua~y and as 1dependent eslblished ~ider the V~II °f H' CLIeldenfels' Ieceased the F~d W. HelCenfels III [xempt Tr~st John s Helde~fels, Indi'~dually ancO. as Trustee of the John Of[ms Heldenfels Nonel~(empt Trutst and as TrUstee of the J(~hn Orms Heldenfels iExempt Tr~st Hugo Cullen Heldenfels, Jr. Alice Luc-ilte Heldenfe~s Salle~ 192365 v5 i/ Tract 4 AIIJs~ L. Salle Gilbreath N, Heldehfels THE STATE OF TEXAs COUNTY OF NUECES ~'~ This instrument was acknow edged by Alice LucJlle Heldenfels Sallee, o~ 192365 I /--' ' . T~ct 4 Alt son L. Sallee Ste ;n Corn Held fels John rms Heldenfe Jr. Fredericl W. Heldenfel IV Kenneth J. ~eldenfels Gilbreath N, Heldenfels ~ THE STATE OF TEXAS COUNTY OF NUECES ~., This instrument was acknowledged by Ashlee S. ' r~btary Public, State of Texas Patton, before me on 192365~ Tract 4 Ash~,e S. .n ~,% Allison L. Sallee Stevenlonn Helde~ fels John O~ is Heldenfe Jr. Fredericl V. Heldenfel,' IV Kenneth J. leldenfels Gilbreath N. Heldenfels THE STATE OF TEXAS COUNTY OF ilns!rument,¢~: was ~cknowledged by Allison L. Sallee, I _¢_L~ ~')T[~is~\ , ,200 ~j- . Y PUBU, C ' ~ST~ rE OF TEXAS ~~M'¢ ,':,~' m Exp. 06-28-95 Notary Public, State of Texas !92365 v7 before me on Tract 4 Ashle on Allison L Saree Steven Conn Heldenfels FrederilW. Helden , IV Kenneth lHeldenfels Gilbreath N.~Heldenfels THE STATE OF TEXAS COUNTY OF-14~tEC:~"~ ~ ~,~'rumei~ was ac?~/nowledged ,200_~_. by Steven Conn Heldenfels, before me on 192365v8 Tract 4 Ashl~ S. Patton Allison L~,allee. Steven Conn~-Ieldenfels ~ John Orms Heldenfels, Jr. / , Frederick W. Helnfels, IV Kenneth J. Heldenf~s Gilbreath N. Heldenfet THE STATE OF TEXAS COUNTY OF NUECES ,_,~jAl~his in,~ment was ackntewledged by John Orms Heldenfels, Jr., before me on ,2oozfi_.. N'othJPu-blic{, §tate of Tex'~'a',J~ Tract 4 Ashlee $. Patton'~ ~llison L. ;allee \ Ste~en Conn/ l~--leldenf John O~ms HeMenfels, Jn "¢l~dedck W. H¢~'enfels, IV /.,/) _ THE STATE OF TEXAS COUNTY OF NUECES This instrument was ac~.powledged by Frederick W. Heldenfels, IV, before me on /~- ;~O ,200t-{ . Notary Pubhc, State of Texas 192365v10 ~"'/ Tract 4 Ashlee S. Patton Alliion L. Satlee Stev~ Con~ Heldenfe~s John !rms Hel~enfels, ir- Frederic~ W. Hell:lenfels, iV Gilbreath NIHeldenflls THE STATE OF T'B3~ ~ k,7,. /d COUNTY Of ~/,', ~. ~'~' 7~' This instrument was acknowledged by Kenneth J. Heldenfels, before cz: /,~'i~:c ,200~' , me on Notary P~dblic, State of :T.:~ /.,: ~ ?/.,.../,~ Tract 4 As[ ee S. Patton Allison L. Sallee Steve r~ Conn Heldenfel~ John rms Held~nfels, Jr. Frederi k W. Held~enfels, I~' KennethiJ. Helden~ els '~ THE STATE OF TEXAS COUNTY OF NUECES ~_.~_Th~i~ instrument was acknowledged by Gilbreath N Heldenfels, before me on ,200 ~ . State of Texas 192365 v12 Tract 4 ACCEPTED for the City of Corpu.~ Christi, a municipal corpora[ion and body politic under the laws of the State of Texas on ~//_~'/,/ ~- / ,200_,,,,~. Grantee 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 Chris[i, Texas 78469-9277 / scobar, P.E., Director nt of Engineering Services APPROVED AS TO LEGAL FORM ON ,%_ ~,h.~r -~ ~ ,200 ~ . CITY ATTORNEY By: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~~ ~, 20~,.~, by 'Angel R. Escober as Director for Engineering Services fo~ City of/(~Fpus Christi, a Texas municipal corporation, on behalf of said corporation. ~ ~' EUSEmO ~ I~l Not~ MY COMMISS~3~N EXPIRES F~tlJaly 14, 20O5 192365vl c~(~) (361)854-3101 ENGINEERIN(3 P O BOX 6355 · CORPUS CHRIS,'i, TEXAS 7,9466-6355 Job No. 38757A4.00 November 24, 2004 F4X (361)854-6001 Tract 4 State of Texas County of Nueces Fieldnotes for a 15.00 foot wide utility easement out ora 80.00 acre tract of land out of Lots 19 thru 22 and Lots 29 and 30, Section 20, Flour Bluffand Enctnal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4143, Map Records of Nueces County, Texas, said 80.00 acre tract being the same land described tn deed recorded in Document No. 1998018126, Official Records of Nueccs 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 13.3428 acre tract of land out of Lot 27, said Section 20, described in deed recorded in Volume 1481, Page 259, Deed Records of Nueces County, Texas, same being on the south boundary said 80.00 acre tract of land, for the southwest comer of'this easement, from which Point of Beginning a National Geodetic Survey monument stamped "SR-101" bears North 86022'26'' West 10,082.60 feet and another National Geodetic Survey monument stamped "SR-070" bears South 40°50'56" East I 1,210.47 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 fight angles thereto, a distance of 788.95 feet to a point on the common boundary of said 13.3428 acre tract of land and a 20.00 acre tract of land described in Clerk's File No. 943110, out of Lots 19 thru 22, Section 20, said Flour Bluff and Encinal Farm and Garden Tracts for the northwest comer of this easement; _ Thence, South 61 °20'20" East, along the common boundary of said 80.00 acre tract and said 20.00 acre tract, a distance of 16.77 feet for the northeast corner of this easement; I Thence, South 02007'23'' West, parallel to the west boundary o£ said Airline Road, and 17.50 feet distant therefrom, measured at right angles thereto, a distance of 788.96 feet for the southeast comer of this easement; Thence, North 61 ° 19'09"~Vest, along the common boundary of said 13.3428 ~cre tract ot land and said 80.00 acre tract o£1and, a distance of 16.77 feet to the Point of Beginning and containing 11,834 square feet of land. S :'08757k4.40Oh'rN.EXHIB [I'S hC'N Tr act-4 .do c 2725 SWANTNEI~ DR. · CORPUS CHRISTI, TEXAS 7840~ mall@unbaneng.com Pa~c I or2 EXHIBIT A Beatings based on the State Plane Coordinate System, NAD83, Texas South Zone. National Geodetic Sur~'ey monuments "SR-070' (North coordinate = 1 7.123,255.15 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 (N'AD83). Measurements sho,~n 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 EXHIBIT A S :L3 8 7 ] 7~4 0 0U~q- EXI.t IB iTS XF/',ITr a c t,-4 .~oc p~¢2o£2 City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus ChrJstJ, Texas 78469-9277