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Home My WebLink AboutC2005-102 - 1/21/2005 - NATract 2 STATE OF TEXAS COUNTY OF NUECES U tilit~ Easement Doc~ ~00500~01 ~ KNOW ALL BY THESE PRESENTS: That the undersigned BRIGHTON BAPTIST CHURCH, f/k/a Trinity Baptist Church ("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 ofwh/ch 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 an-~eremoving public underground utility lines and pipelines (including above and below ground appurtenances thereto) in, under and along the Premises marked "15' Wide Utility Easement" on Exhibit "B," which is attached hereto and adopted by this reference for all purposes ("Utihty Easement"). GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE an additional 35' foot wide construction easement, west of and adjacent to the above-described utility easement and marked "35' Wide Temporary Construction Easement" on said Exhibit 200~102 01/21/05 1 Brighton Baptist Church Tract 2 "B" ("Temporary Construction Easement"). Said Temporary Construction Easement will be used for the purpose o£ providing working room and storage o£ materials and macl~inery 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 '~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, tl~is 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 o£ 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 r~ght o£ the Grantee to the use and enjoyment of said Utility Easement and Temporary Construction Easement, without interf,erence, f,or 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 o£ this 2 192136 Tract 2 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 constracting, 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. Sig~ed this ~ day of December, 2004 Grantor BRIGHTON BAPTIST CHURCH THL S · ,~T= OF , COUNTY OF NUECES This instrument was acknowledged before me on December (~ ,2004. N"6ta 'lry Public, St'ate of Texas -- 3 192136 Tract 2 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on j,~at f.E_/ ,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 Christi, Texas 78469-9277 ~,~1 R. Escobar, P.E., Director Department of Engineering Services APPROVED AS TO LEGAL FORM ON J/vr,~_ 2- ,..9 CITY ATTORNEY ,2 00~lg.~ By: City X'~mey THE STATE OF TEXAS § COUNTY OF NUECES § This ~'d/ 200,~, by instrument ,.va.s ackr. owledged before me on , 'Angel R. Escobar as Director for Engineering Servic Corpus Christi, a Texas municipal corporation, on behalf of said corporation. {EUSEBIO G ART..A, HI hi'/' CO'MIS SION EXPIRES 4 192136 (36~}854 3101 URBAN PO BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 Job No. 38757.A4.00 November 24, 2004 FAX (361)8S4-6001 Tract 2 State of Texas County of Nueces Field Notes for 15.00 foot wide utility easement out of a 7.056 acre tract of land out of Lots 22 and 23, Section 20, Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 7.056 acre tract being the same land described in deed recorded in Volume 1824, Page 824, Deed 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 2.5 acre tract of land out of said LoB 22 and 23, described in deed recorded in Volume 2243, Page 318, Deed Records of Nueces County, Texas, same being on the south boundary said 7.056 acre tract of land, lbr the southwest comer of this easement, from which Point of Beginning a National Geodetic Survey monument stamped "SR-101" bears South 89°02'54'' West 10,203.82 feet and another National Geodetic Survey monument stamped "SR-070" bears South 37°45'21" East 11,746.56 feet; Thence, North 02007'23" East, parallel to the east boundary of Airline Road, a 60.00 foot wide public roadway, and 17.50 feet distant therefrom, measured at right angles thereto, a distance of 583.20 feet to a point on the south boundary of Brooks Road (County Road 26A) a 50.00 foot wide public roadway, for the northwest comer of this easement; Thence, South 61°17'37'' East, along the south boundary of said Brooks Road, 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 32.50 feet distant therefrom, measured at right angles thereto, a distance of 583.20 feet to a point on the common boundary of said 2.5 acre tract and said 7.056 acre tract of land, for the southeast comer of this easement; Thence, North 61°17'37" West, along the common boundary of said 2.5 acre tract of land and said 7.056 acre tract of land, a distance of 16.77 feet to the Point of Beginning and containing 8,748 square feet of land. Bearings based on the State Plane Coordinate System, NAD83, Texas South Zone. National Geodetic Survey monuments "SR-070" (North coordinate = S :X38757~A400~rN -EXHIB ITSh'rNTr act-2.doc 2725 SWANTNER DR · CORPUS CHRISTI, TEXAS 78404 mail@urbaneng.com E; IiBIT A 17,123,255.15 East coordinate - 1,358,946.59) and "SR-10I' (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 EXHIBIT A S:O 8757~A400XFN-EXHIBITS~ZNTract-2.doc Page 2 of 2 2~ ~m Trc~ out. af ~ 22 and 23, Set, on 20 City of Corpus Christi P. O. BOX 9277 Department of Engineering Service PROPERTY & I~..ND ACQUISITION DIV. Corpus Christi, Texas ?8469-9277 iT NIJECE$ COUNTY ~