HomeMy WebLinkAboutC2005-103 - 1/21/2005 - NASTATE OF TEXAS §
COUNTY OF NUECES §
Utility Easement
Tract 10
Doc# 2005004021
KNOW ALL BY THESE PRESENTS:
That the undersigned GEORGE T. SMITH ("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
"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, west 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
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Smith, George T.
Tract lO
for the purpose of providing working room and storage of materials and machinery during the
consh~ucting 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 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 Utdity 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
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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 and privileges cease.
Signed this [ ;% day of December, 2004
Grantor
,~G'k-orge T. S-r~lth
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledge~before me by George T. Smith on December
17 ,,,,~1~,0,, ,,T ~.~.,~~ State o~
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192150
Tract 10
ACCEPTED for the City of Corpus Chr~ti, a
the laws of the State of Texas on //,////V
/
Grantee
municipal corporation and body politic under
, 2004.
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 7§469-9277
_Ai~e,/R. Escobar, P E., Director
Department of Engineering Services
APPROVED AS TO LEGAL FORM ON --.-,J~,~ ~ ~ o
,200~~
CITY ATTORNEY
By:
THE STATE OF TEXAS §
COUNTY OF NUECES §
, This instrument was acknowledged before me on ~~/ , 20~,, by
Angel R. Escobar as Director for Engineering Servic~for the C~of Corpus Christi, a
Texas municipal corporation, on behalf of said corporatmn.
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192150
/361)854 3101
PO BOX 6355 · CORPUSCHRISII, IEXAS78466-6355
URBAN
-~ November 24, 2004
FA)< (361)B§4 6001
Tract 10
State of Texas
County of Nueces
Fieldnotes for a utility easement out ora 5.65 acre tract of land out of Lots 7 and
8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of wh/ch is
recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 5.65
acre tract being the same land described in Doc. No. 2003028780, Official Records of
Nueces County, Texas and out ora 5.65 acre tract of land out of Lots 7 and 8, Section 21,
said Flour Bluffand Encinal Farm and Garden Tracts, said 5.65 acre tract being the same
land described in County Clerk's File No. 904170; said utility easement being more fully
described by metes and bounds as follows:
Beginning at a point on the north boundary of Lot 9, Section 21, said Flour Bluff
and Encinal Farm and Garden Tracts, same being on the south boundary of Lot 8, said
Section 21 and said 5,65 acre tract described in deed recorded in Document No.
2003028780, Official Records of Nueces County, Texas, for the southwest comer of this
easement, from which Point of Beginning a National Geodetic Survey monument
slumped "SR-101" bears North 70°09'20" West 10,562.52 feet and another National
Geodetic Survey monument stamped "SR-070" bears South 53°26'21" East 9,987.16
feet;
Thence North 28°40, 11" East, a distance of 40.26 feet for an inside comer of this
tract;
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, at 295.96 feet pass the common boundary of said 5.65 acre tract recorded
in Document No. 2003028780 and said 5.65 acre tract of land recorded in County Clerk's
File No. 904170, in all a total distance of 654.40 feet to a point on the common boundary
of said 5.65 acre tract of land recorded in County Clerk's File No. 904170 and a 5.65 acre
tract of land described in Document No. 2004029883, Official Records of Nueces
County, Texas for the northwest comer of this easement;
Thence, South 61°18'47'' East, along the common boundary of said 5.65 acre
tract of land recorded in County Clerk's File No_ 904170 and said 5,65 acre tract of land
described in Document No. 2004029883, a distance of 16.77 feet for the northeast comer
of this easement;
S 538757XA400WN -EXHIBITS~NTmct- 10.doc
2725 SWANTNER DR. · CORPUS CHRkSII, TEXAS 78404
ma)l@urbanong.com
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EXHIBIT A
Thence, South 02°07'23'' West, parallel to the ',vest boundary of said Airline
Road, and 17.50 feet distant therefrom, measured at right angles thereto, at 358.44 feet
pass the common boundary of said 5.65 acre tract recorded in Document No.
2003028780 and said 5.65 acre tract of land recorded in County Clerk's File No 904170,
in all a total distm~ce of 639.25 feet for a corner of this easement;
Thence, South 28°40' 1 I" West, a distance of 53.81 feet for the southwest corner
of this easement;
Thence, North 61 ° 18' 17" West, along the corrm~on boundary of Lot 9, Section 21,
said Flour Bluff and Encinal Farm and Garden Tracts, and said 5.65 acre tract of land
described in deed recorded in Document No. 2003028780, a distance of 10.00 feet to the
Point of Beginning and containing 10.173 square feet of land.
Bearings based on the State Plane Coordinate System, NAD83, Texas South
Zone. National Geodetic Sutw'ey monuments "SR-070" (North coordinate =
17,123,255.15 East coordinate - 1,358,946.59) and "SR-I01" (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 arc 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
License No. 4710
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EXHIBIT A
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROPERTY & LAND ACQUISITION DIV.
Corpus Christi, Texas 78469-9277
g ,IATE 3'"'