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Home My WebLink AboutC2005-101 - 1/21/2005 - NASTATE OF TEXAS § COUNTY OF NUECES § Utilitv Easement Tract 3 6 ~: ',~ ~35004014 KNOW ALL BY THESE PRESENTS: That the undersigned the CHARLES H. CAMPBELL FAMILY PARTNERSHIP, LTD. and GEORGE M. GlBBJ~NS ("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 "Prcmaises"), 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 Wide Temporary Construction Easement" on said Exhibit 2005-101 01/21/05 1 Charles H. Campbell Family, et al Tract 3 "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 of the 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 particularly described by the plat identified as Exhibit "13" 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 2 192139 T~act 3 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 ~s ever abandoned, then the aforesaid rights and privileges cease. Signed this ~Q~ day of December, 2004 Grantor CHARLES H. CAMPBELL FAMILY PARTNERSHIP, LTD. Charles H. Campbell General Partner By: General Partner Georg~ M. GibXo~ns 3 192139 Tract 3 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on December Notal~ Public, State of TexaS2) 2004. ACCEPTED for the City of Co~pus ,~sti, under the laws of the State of Texas on Grantee a municipal corporation and body politic / ,2oo? CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DMSION Corpus Christi, Texas 78469-9277 / ~e2- Escobar, P.E., Director Department of Engineering Services APPROVED AS TO LEGAL FORM ON ~.. ~ CITY ATTORNEY By: 4 192139 Tract 3 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~"/ , 200~, by 'Angel R. Escoba~ as Director for Engineering Service~,~i~ the Ci~Sf Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Not'a'~ q~ublic, State of Tex~J 5 192139 (361}B54-3101 PO BO]< 6355 · CORPUS CHRISTI, TEXAS 78466 6355 ENGINEERING Job No. 38757.A4.00 2 November 24, 2004 FAX (36])854-6001 Tract 3 Slate of Texas County of Nueces Fieldnotes for a 15.00 Foot wide utility easement out of a 20.00 acre tract of land out of Lots 19 thru 22, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a ~nap of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 20.00 acre tract being the same land described in deed recorded in Clerk's File No. 943110; said utility easement being more fully described by metes and bounds as follows: Beginning at a point on the north boundary of an 80.00 acre tract of land out of Lots 19 thru 22 and 29 and 30, said Section 20, described in deed recorded in Document No_ 1998018126, Official Records of Nueces County, Texas, same being on the south boundary said 20.00 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 South 89°08'39" West 10,092.77 feet and another National Geodetic Survey monument stamped "SR-070" bears South 38°14'13" East 11,799.99 feet; Thence, North 02°07'23" East, parallel to the west boundary of Airline Road, a 60.00 foot wide public road~vay, and 32.50 feet distant therefrom, measured at right angles thereto, a distance of 444.82 feet to a point on the common boundary of said 20_00 acre tract of land and another 20.00 acre tract of land out of Lots 12, 13, 14, 19, 20, 21 and 22, Section 20, said Flour Bluff and Encinal Farm and Garden Tracts For the northwest comer of this easement; Thence, South 61 °18'58" East, along the common boundary of said 20.00 acre tract described in Clerk's File No. 943 110 and said 20.00 acre tract out of Lots 12, 13, 14, 19, 20, 21 and 22, Section 20, a distance 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 444.81 feet for the southeast comer of this easement; Thence, North 61020'20'' West, along the common boundary of said 80.00 acre tract of land and said 20.00 acre tract described in Clerk' s File No. 943110, a distance of 16.77 feet to the Point of Beginning and containing 6,672 square feet of land. S:O 8757L&4 OOh~-N-EXHIB ITS~CNTr act-3 .d~ 2725 SWANTNER DR · CORPUS CHRISTI, TEXAS 78404 mall@urboneng corn Page [ 0[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 a,g 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 :~38757XA400\FN-EXHIB ITS~=NTr acl-3 doc Page 2 of 2 EXHIBIT A , . \ / City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY &.L~..ND ACQUISITION DIV. Corpus Christi, Texas 78469-9277