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Home My WebLink AboutC2005-104 - 1/21/2005 - NASTATE OF TEXAS § COUNTY OF NUECES § Utilit~ Easement Tract I 1 KNOW ALL BY THESE PRESENTS: That the undersigned WAYNE LUNDQUIST, JR., TRUSTEE, for himself and as agent for the following individuals and the following interests: WILL LUNDQUIST (2.5%), BEN LUNDQUIST (2.5%), THE ESTATE OF MARK T. BRATTON (16.67%), REAGAN T. BROVqN (7.5%), ALYSSA BROWN MCCOY (7.5%), ROGER BYRNE (10%), MELYNDA SUSAN NUSS (8.33%), ERIC GRAHAM NUSS (8.33%), DAVID CHRISTIAN NUSS (8.33%), THE ESTATE OF L. A. MCNEIL (8.33%), PAUL KENNEDY (5%), LISA PETERSON (5%) and RALPH CAREY (10%), ("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 authohzed 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 2005-104 01121/05 1 Lundquist, Jr., Wayne, et al Tract 11 along the Premises marked "10' 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 "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 Constmctton 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 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 192~55 Tract 1 I 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 Ckristi 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 same condition as existed prior to such construction. Grantee shall have no right to use ~my of Grantor's property outside the easements herein conveyed. TO HAVE AND TO HOLD, ALL A2ND 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 ofj~'q ~- ~,,,,(,, ,~2004 Grantor WAYNE LUNDQUIST, JR., TRUSTEE BY: Wa~rne~L~ndquist, Jr.~ 3 192155 Tract ! 1 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me by Wayne Lundquist, Jr. on i~-~ -~- ~ ,2004. / Notary Public, State o~ TeTa~ 4 192155 Tract 11 ACCEPTED for the City of Corpus Chri/~i, a municipal the laws of the State of Texas on ~ff//d/ J / Grantee corporation and body politic under ,20o ' 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 cobar, P.E., Director of Engineering Services APPROVED AS TO LEGAL FORM ON CITY ATTORNEY By: ssista(nt City Attom~ THE STATE OF TEXAS § COUNTY OF NUECES § , This instrument was acknowledged before me on ~ Angel R. Escobar as Director for Engineering Service~for the C~/of Texas municipal corporation, on behalf of said corporatio"n. ~ ~'; MY COMMISSION EXPIRES 2'/ , by Corpus Christi, a 5 192155 URBAN ENGINEERING Job No. 38757.A4.00 November 24, 2004 (361)854-3101 FAX (361)854-6001 TRACT 11 State of Texas County of Nueces Field Notes for a l 0.00 foot wide utility e~semant out of a 35.289 acre tract of land out of Lots 9 and 10, Section 21, Flour Bluff aad Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 35.289 acre tract being the same property conveyed in deed recorded in Clerk's File No. 436693, Volume 1996, Page 967, Deed Records of Nueces County, Texas, said utility easement being further described as follows: Begirmmg at a point on the south boundary ora 5.65 acre tract of land out of Lots 7 and 8, said Section 21 as described in Document No. 2003028780, O~cial Public Records of Nueces County, Texas, same being the north boundary of said 35.289 acre a'ant, for the north comer of this easement, fi-om which point a National Geodetic Survey monument stamped "SR-101" bears North 70°09'20" West 10,562.52 feet and another National Geodetic Survey monument stamped bears Somh 53°26'21" East 9.987.16 feet; Thence, South 61:18' 17" East, along the common boundary of,said 5.65 acre Iract of land and said 35.289 acre tract of land, a distance of 10.00 feet for the east comer of this tract; Thence, South 28*40' l 1" Wes-t, parallel to the centerline of Rodd Field Road, a 120.00 foot wide public roadway, at 80.00 feet distant therefi'om, measured at right angles thereto, 877.06 feet for the point of curvature of a circular curve to the right whose radius point bears North 45032'35'' West 530.20 feet and having a central angle of 03°34'45'', a radius of 530.20 feet, a tangent distance of 16.57 feet and an arc length of 33.12 feet; Thence, with said circular curve to the right, along with the northwesterly boundary of Rodd Field Road, an arc length of 33.12 feet for the south comer of this easement Thence, North 28°40'11" East, with the northwest boundary of this easement, parallel with the centerline of Rodd Field Road and 90.00 feet distant therefrom, measured at right angles thereto, a distance of 908.63 feet to the Point of Beginning and containing 8,934 square feet of land. Bearings based on the State Plane Coord~ate System, NAD83, Texas South Zone National Geodetic Survey monumants"SR-070"(North coordinate- 17,123,255.15 East coordinate- 1,358,946.59) aod "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, I:LP.L.S. License No. 4710 S:x38757X. A400~q-BXHIBITS~NTraet-lI.deZe/25 SWANTNER DR · CORPUS CHRISTI, TEXAS 78404 mail@urboneng,com page I of I EXHIBIT A City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277