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Home My WebLink AboutC2005-113 - 2/15/2005 - NASTATE OF TEXAS COUNTY OF NUECES Doc# 200500~138 Tract 12 Utilitw Easement KNOW ALL BY THESE PRESENTS: That the undersigned RELATED INVESTORS, LTD., a Texas limited partnership of which Patricia Ray Peterson Nuss, James Douglas Peterson and Christy Ann Peterson Brown are its sole and acting general partners, any two of which are authorized to sign on behalf of said partnership ("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 fmc 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 constracting, 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' and 20' Wide Utility Easement" on Exhibit "B," which is attached hereto and adopted by this reference for all purposes ("Utility Easement"). 2005-113 02/15/05 Related Investors, Ltd. CD N81'17'28'~ ,, 127.00' i--, "S61' 17'28"E Motch 'Line Si~eet 1 of '2 - .~ ~ EXHIBIT B " STATE OF TEXAS COUNTY OF NUECES therell\'celtifythatlh' Sequence on Ihe date IS Instrumentwas AlED in File....... was duly RECORDED ~;t ~e lime stamped herein by me.... Nueees County. Texas' e fflae' Public Records of ~\ ~_:<! ~...".)~ ~ COUNTY CLERK NUECES COUNTi: TEXAS Any provisIon herein which restrlcts lI1e Sale,llenll! or use of tile descnbed REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status or National Origin, is Invalid and unenforceable under FEDERAl LAW, 3/12/89 City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 ;'~t::l;;:;o.., _t::l -ifj.....-. Co : i~:?[~~ ~ Ul_.......CD M .;;~~~~~~ j;I:<!:;la8l tR :a <t.. &l %) ""~::: IS! ~;'i 1.0 .. ... ::;; w li III - Tract 12 GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE an additional 50' foot wide construction easement, west of and adjacent to the above-described utility easement and marked "50.00' Wide Temporary Construction and Access 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 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 ot-the Grantor or Grantors who do sig~,, and not of the interest of any owner who does not sign a Utility Easement to Grantee. The fights 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 2 192136 v2 Tract 12 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 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~ lay4ng, 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 2/ day of January, 2005 Grantor RELATED INVESTORS, LTD. Patricia Ray Peterson4quss, General Partri~er C~sW An~terson Brown, General P~ner 3 192136 v2 Tract 12 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on January ~/ , 2005. Nota~ Public, State Of Texas 192136 v2 4 Tract 12 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on &a~am'T' ,2005. 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 Department of Engineering Services APPROVED AS TO LEGAL FORM ON J~"~'~? / ~/', 2005 CITY ATTORNEY By: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o 005, by 'Angel R. Escobar as Director for Engineering Services for the City 6,f Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Nbtary Public, State of Tex~j 5 192136 v2 (36)854 3101 U RBaBkN EN( INEERING PO BOX 6355 · CORPUS C;HDI%TI ~A~.7~t4,~x. x. 355 Job No. '387}7.'A400 January 14, 2005 Revised: January 25, 2005 FAX (361)854-6001 TRACT 12 STATE OF TEXAS COUNTY OF NUECES Fieldnotas for a 15.00 foot wide and 20 foot wide utilily easement oul of Lot 17, Section 25 and Lot 32, Section 25, Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas; said easement also being out of that 281.41 acre tract conveyed in deed recorderTin Volume 2341, Page 248, Deed Records of Nueces County, Texas; said utility easement being fi~rther described as follows; Beginning at a point on the existing southwest boundary of Yorktowfl Boulevard, an 80 foot wide public roadway, for the north comer of this easement, from which comer the centerline intersection of said Yorktown Boulevard and Rodd Field Road bears North 61°17'51" West 129.00 feet Io the common section line of said Lot 17, Section 25 and Lot 24, Section 21, Flour Bluffand Encinal Farm and Garden Tracts mad thence, with said common section line, North 28°42'32" East 40.00 and from which Point of Beginning a National Geodetic Survey monument stamped "SS-100" bears South 89'55'07" West 13,000.35 feet and another National Geodetic Survey monument stamped "SR-070' bears South 6I°54'37" East 8980.76 feet; Thence, South 61°17'51' East, with the northeast boundary of this easement, same being the existing southwest boundary of 80 foot wide Yorktown Boulevard and parallel with the centerline of said Yorktown Boulevard and 40.00 feet distant there from, measured al right angles thereto, a distance of 15.00 feet for the east comer of this easement; Thence, South 28042'32TM West, with the southeast boundary of this easement, parallel with the aforementioned common section line and 144.00 feet distanl there from, measured at fight angles thereto, a distance of 259.48 feet for a comer of this easement; Thence, South 38"21'20" West. continuing with the southeast boundary of this easement, a distance of 101.45 feet for a comer of this easement; Then e, So th 28 42 32 West, w th the sou heas boundary of this easement, parallel with the aforementioned common sec'lion line and 127.00 feet distant there from, measured at right angles thereto, a distance of 1815.52 feel for the south comer of this easement; Thence, North 61017'28" West, with the southwest boundary of this easement, at 82.00 feet pass the proposed southeast boundary of Rodd Field Road, as per the Corpus Christi Urban TransporLation Plan dated March 2003, an continuing North 61°I7'28'1 West. in all a total dislance of 127.00 feet to a point on the aforementioned common section line for the west corner of this element~ Thence,~North 28°42'32" East, with said common section line, same being the northwest boundary of this easement, a distance of 20.00 feet for a comet of this easement; ]'hence, Sooth 61°I7'28" East, conlinuing with the nodhwesterly boundary of this easement, a distance of 112 00 feet to the proposed southeast boundary of Rodd Field Road, as per the Corpus Christi Urban Transportation Plan dated March 2003, for a comet of this easement; Thence, North 28°42'32TM East, with the noFthwest boundary of this easemenh same being the proposed southeast boundary of Rodd Field Road, as per the Corpus Christi Urban Transportation Plan dated March 2003, parallel with the aforementioned common section line and 112.00 feet distant there from, measured at right angles thereto, a distance of 1796.79 feet for a comer of this easement; \~TNG2'~DaIaXSurvey~ngU8757~A40~XFN'EXl~I~'~'~q~'~d~ · CORPUS CHRISTI, TEXAS 78404 mail@urbaneng corn EXHIBIT A Page I of 2 Job No. 38757.A400 January 14, 2005 Tracl 12 Revised: January 25, 2005 Thence, North 38°21 '20" East, continuing with the northeast boundary of this easement, same being the proposed southeast boundary of Rodd Field Road, a distance of 101.45 feet for a comer of this easement; Thence, North 28°42'32~ East, with the northwest boundary of this easement, same being the proposed southeast boundary of Rodd Field Road, as per the Corpus Christi Urban Transportation Plan dated March 2003, parallel with the aforementioned common section line and 112.00 feet distant there fi.om, measured at right angles thereto, a distance of 258.21 feet to the Point of Beginning and containing 34,886.81 square feet of land. Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monumenB "SR-070" (North coordinate = I7,123,255A563 East coordinate - 1,358,946.5964) and"SS-lOO'(Northenordinate- 17,127,465.3284 East coordinate - 1,338,023.323g) were used as control points for establishing basis of bearing. Coordinates shown are based on Tex~ State Plane Coordinate System, South Zone (NAD83). URBAN ENGINEERING IUAN 3. SALAZAR, R.?.L.S. License No. 4909 Page 2 of 2 EXHIBIT A