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HomeMy WebLinkAboutC2005-176 - 3/24/2005 - NACit~ of Co?pus Christi STATE OF TEXAS COUNTY OFNUECES Utility Easement I~par~e~t of Eng/neefing Sermces Property & Land Acquisition E:a,Asion 8425 Southslde #450 Doc# ~885~14886 KNOW ALL BY THESE PRESENTS: That the undersigned, "GRANTOR" (whether one or more) 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, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469-9277, ("GRANTEE") 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, legal representatives and assigns, the free and uninterrupted use, liberty, privilege, and exclusive easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas (the '*Premises"), together with free ingress, egress, and regress within said easement by Grantee, its duly authorized agents, servants, and franchisees, to be used from time to time for the municipal purpose of constructing, laying, operating, inspecting, servicing, repairing, maintaining, replacing, keeping, and removing public utility lines (including above and below ground appurtenances thereto) on, over, under, and along the Premises described in Exhibit "A" attached hereto and adopted by this reference for all purposes, - GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary Construction Easement described as an additional 25 foot wide construction easement, south of and adjacent to the above-described utihty easement. Said temporary construct/on 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 public utility 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 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. The rights conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantor's heirs, executors, and assigns, the use and enjoyment of the Premises subject only to the dominant fight of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. 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, legal representatives and assigns, for the above- described utility easement and temporary construction easement for the municipal purpose and 'bed for so long as the same are used for such purpose, and if the use of 2005-176 ndoned, then the aforesaid fights and privileges cease. 03/24/0.3 Pierce, Ethel M. Pumphrey, et al Grantor (Address) (City, State, Zip) Ethel M. Pump~u'ey Pierde~ xJ COUNTY OF This instrument was acknowledged before me on by Ethel M. Pumphrey Pierce. ,2004 I~RY LOU DENNING ~N tar3 Public, State of NOTARY PUBLIC ~ (Seal) Grantor Montie I. Hopkins/Life Tenant (Addrcss)~,~t~,~? ~2 '- / ~'"'~ ~ THE STATE OF -~: § COUNTY OF ~ d M A g. § This instrument was acknowledged before me on by Montie I. Hopkins. ,2004 Notary Public, State of (Seal) Grantor By: (Print Namel (Print Title) THE STATEOF "r~'~6'5 § COUNTY OF 'Vd, Iii& m'~c,'~ § Ella .2004 (Seal) Notary Public, State Grantor GILLESPIE FAMILY LIMITED PARTNERSmP By (print Name) THE STATE OF -~ [[ t~ ~' This instrument was acknowledged before me on ~ ~ by dff. iLtl(. ~-U~(t'' ~ of the Gillespie Family Limited Parmership, on behalf of said p 'P- ,2004 Notary Pubtic, State of ~-~-/dC~'~ ~d (Seal) Grantor THE STATE OF '7'~- ~ OD COUNTY OF fl/.~ ~ (9 ~ This instrument was acknowledged before me on by Harold L. Gillespie. ~a~y Pubic 6TATE OF 'T'EXA~ . ~ O, om~,. B,~. 10-31-2007 Notary Public, State of ,2004 ( Seal) Grantor Gayle Speck (Address) l/J/ ~'?LC~.~()~-~.- THESTATE OF COUNTY OF Fhis instrument was acknowledged before me on by Gayle Speck. , 2004 (Seal) Grantor (Prim Title) THE STATE OF ~...o,.\,. -(--~¢ ~,,., & COUNTYOF_ /--0_5 A~.~e_/r- ~ This instrument was acknowledged before mc on · 20O4 Notary Public, S~te of ~_~. \ .~c~,.. ~ o-. (Seal) Comm~lon # 1427346 Nolo. ~brh: - Calltofr~2 Grantor Eqta Rosenbu~g THE STATE OF ' COUNTY OF This instrument was acknowledged before me on by Elsa Rosenburg. ,2004 ISeal) Grantor (City, By: "(Signature) (prim Title) THE STATE OF ~ § COUNTY OF ~ § Fhis instrument was acknowledged before me on (Seal) Notary Public, State of ,,,,-'..,,.o.F. ..-' b J5 --'g;7' - .... Grantor COUNTY OF '-~ ~,11 05 This instrument was acknowledged before me on by Dana Cooke La Grone. ,2004 ~MA'I'IEW PEYTON LAWLEY NOTARY PUBLIC STATE OF TEXAS ~UV ~m. Exp. ~ 8425 5amlhsi6e ~50 Grantor Edward L. La Grone (Address) '-L--c '-~ ,-' ~'~r~ Ce Co4cFt ("x~n. (City, State, Zip) ~dE STATE OF COUNTY OF This instrument was acknowledged before me on by Edward L La Grone. , 2004 Seal) Notary Public, State of { MY C OMBISS~ EXPIRES S425 >,outhside ~450 Grantor (Ad&ess) (City, State, Zip) v ] Ge.6rgia Louise Brzozowski ~d ~J THE STATE OF /~, cOU TYOF This instrument was acknowledged before me on by Georgia Louise Brzozowski. )~5 ,2004 '/Notary Public, State of -~,'¢ai,,q. Grantor Virginia Ann Davis Weems (City. State. Zip) "~9.~'~C, 4~"vX, ,~ 3 ,) THE STATE OF /~_w,4-% COUNTY OF l'his instrument was acknowledged before me on '7 -- /O - by Virginia Ann Davis Weems. , 2004 Notary Public, State of ] e.-~;,O C. (Seal) 1"4tS. of ..~ 31 Grantor TIlE POOLE TRUST DATED MARCU 15, 1995 (SPW) (Si~) THE sTATE OF c ou~',~ o~= This insmUnel~t was ack~owled~ ed before me on ~ ~ of t~e p~le T (Seal) 2064 (Pnnt Namc) {Pnn! Title) THE STATE OF COUNTY OF · 2004 (Seal~ Grantor (Address) (City, State, Zip) EBEN WOOD By: (Print Name) (Print Title) (Signature) THE STATE OF "'~'I(~¢/15 COUNTY OF lq t*/t ~'~ ~ 2 This instrument was acknowledged before me on _ by Eben Wood. ,2004 (Seal) Notary Public, state of ', ~>'~,3 ~ NOTARY PUBLIC STATE OF TEXAS I q c/- I I Grantor (Address) THE BURNEY GRANDCHILDREN TRUS~ THE STATE OF cOUNTY OF This instrument was acknowledged before me on of the Burney Grandchildren~rust- Notary public, State of ~ , 2004 (Seal) Grantor (Address) (City, State, Zip) Josgph A. Cohn THE STATE OF ~; ,~' ,* '3 COUNTY OF This instrument was acknowledged before me on by Joseph A. Colin. ,2004 {Seal) Notary Public, State of --~.U a ~ Grantor (Signature) (Pnnt Title) THE STATE OF (J'~cc~ ~h § COUNTY OF (.A3~ This inslmmenl was acknowledged before me on by Chr/s Viles 2004 Notary Public, State of (Seal) Grantor (Address) (City, State, Zip) Glenda La Grone Byrnes "d THE STATE OF T~-X.I~ 5 § COUNTY OF ~'~'~ LLfl.~ § This instrument was acknowledged before me on ~-L~i L~ &'~ by Glenda La Grone Byrnes. Notary Public, State of T~')k% ,2004 ISeal) Grantor Laura Ann Shepa~d, a&/a ~ Laura Hopkins Utt Remainderman (Address> 1~710 (City, State, Zip) THE STATE OF [}'1,5./ COUNTY OF ('~/lql f~e (~ This instrument was acknowledged before me on by Laura Ann Shepard a/Ida Laura Hopkins Utt. ,2oo~ Notary Public, State of 4/]P,J (Seal) 22- Grantor THE CHARLES E. PRATT FAMILY TRUST (Signature) (Pnnt Name) (Pr/at Title) ~-~ THE STATE OF ~'"~'-A',,~ § COUNTY OF /~/~'~C.~_.-~ § This instrument was acknowledged before mc on ~Z~I..-)/ /~ of the Charles E. Pratt Family Trust. , 2004 (Se~) Notary Public, State of T~ ~ k~) 4 ~~.~.~-2~7 2.-,~} or~, 3 I Grantor THE LAURA FRANCES FASELER INSURANCE TRUST (Address) 1800 American Bank Plaza (CiiT, State, Zip) Corpus Christi, Texa~ 78475 By: (Signature) (Print Name) Michael C. F~qele~- (Print Title) Trustee THE STATE OF TEXAS § COUNTY OF NIlE C~.q § Fhis instrument was acknowledged before me on August 12 by Michael C F~m=] pr as Trustee of the Laura Frances Faseler Insurance Trust. Notary Public, State of Texas (Seal) }~ROBERT B WALLkCE JR Nola~7 PuDlic ~MyC0mm.[xp 05 31-2005 ,2004 ~'425 5[~uthside #450 Grantor (Address) 1 ~3 Carmel D~iv~ (City, State, Zip) Portland, Texas 78374 (Print Name) Barhnr'a lo:jan Rya.n Byrtam (Print Title) TIlE STATE OF 'r.e~c~ § COUNTY OF SAN PATR_ICIO § This instrument was acknowledged before me on I Notary Public, State of '~* ~-~-~J · 2004 (Seal) Grantor Bruce D. Viles (City, Sm~e, Zip) ~o~-/flo'; da/~,.'Cr2 7'-){ THE STATE OF ~,V.~. § COUNTY OF _Z'z~.~..~,l, ce~ § This instrument was acknowledged before me on .~'.,,,/ '7 by ,l~,a~l~. Vi4es~- c%4.,',~7e,;.. 7~. ~.,, (.~-I.d-/~..-,J..., 2004 Notary Public, State of Grantor (Address) (Signature) (Prim Title) ~f.~ ~ THE STATE OF '~'~ Fhis inslrument was acknowledged before me on __ by · 200&~ sTATE OF "f'~._XAS U¥ ~rcm. E~, 4.6-2005 (Seal) ACCEPTED for the City of Corpus Christi, a mumcipal corporation and body politic under the laws of the State of Texas on ,~,/~ c'~/ ,~ ,20(I~. Grantee CITY OF CORPUS CHRISTI, TEXAS P. O Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 · Escobar, P.E., Director t of Engineering Services APPROVED AS TO LEGAL FORM THIS ON ,20~-¢' for the CITY ATTORNEY // Assistant City Attorney City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ;;2~,¢¢~,:./~, ,~/~ ,200~' by 'Angel R. Escobar as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. N~6tary Public in and for th~c.~te of Texas (Seal) ADDENDUM To the extent allowed by Texas Law, City agrees TO FULLY INDEIvl]?NIFY, SAVE AND HOLD HARMLESS TIIE GRANTEE )"INDEMNITEE") AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATIN AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY KIND WI-IATSOEVEIL WHICH ARISE OUT OF THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATIN, OPERATIONS USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE IMPROVEMENTS PURSUANT TO THIS AGREEMENT. SS Water Trans, Ph.4 Parcel 450 Parcel 450 35 FOOT WIDE EASEMENT STATE OF TEXAS COUNTY OF NUECES BEING A 0.020 ACRE (875.00 SQUARE FOOT) TRACT OF LAND OUT OF THAT CERTAIN TRACT OF LAND CONVEYED IN DOCUMENT NO. 2000020632, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS AND BEING OUT OF THE NORTH HALF (N/2) OF SECTION 5, LAURELES FARM TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, ALL SITUATED IN AND OUT OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings are ba~ed on the Texa~ Coordinate System of 1983, South Zone and referenced to National Geodetic Survey Station~ SE 100 and SR 110. Beginning at a point on the south right-of-way line of that certain 100.00 foot wide roadway, known as Weber Road Ct~vl 43), at its intersection with the west right-of-way line of that eextaln 40.00 foot wide roadway, known as County RoM 43, for the northeast comer ofthln tract, ~om which point a 5/8 Irmh iron rod, found, on the centerline of said Couaty Road 43, bea~ North 89° 13' 22" East, a distance of 20.00 feet and thence South 00° 49' 13" East, a distance of 0.46 feet; Thence, South 00° 49' 13" Eask with said west fight-of-way line of Counl~ Road 43, a distance of 35.00 feet, to a point, for the southeast comer of this tract; Thence, South 89° 13' 22" West, a di~ance of 25.00 feet, to a point, on the east bonnrlary line of that certaia 25 foot wtde utility easemeut, described in successive doo]rnen~ numbered 2003034019 thru 2003034023 and 2003037452, recorded tn the Official Publtc Records of Nueces County, Texas, for the southwest comer of this tract; Thence, North 00° 49' 13" West, w/th said east bo~mdary line of the 25 foot 'Mdc utility easement, a distance of 35.00 feet, to a point, on aforementioned south right-of-way line of Weber Road (FM 43), for the northwest comer &this tract; Thence, North 89° 13' 22" East, with said south right-of-way llne of Weber Road (FM 43), a distance of 25.00 feet, to the Point of Beginning and coataining 0.020 acres (875.00 square feet) of lard. Pyle & Associates, Inc. David A. Pyle, 1LP.'L.S. ~700 Exhibit A .doc Pag~ I of I SS Water Trans, Ph.4 Parcel'450. POUCF O? BEGINNING ~ N 89 ~$'22 , .- o.~s' ~ 25.00 ~ ~o.~, ~ Parcel 450 ~ ~ ~ ' o.o~ ~. ~ .. . , / ; . (~¢s~ ~. ~) I :---c.; r ?' ~ ~ C.~' ~---~---=~' .... VOL. - ..... ~¢/ ........ ¢ ~~ ........ Parcel 450 ~:\21&9 00i~f 2I\IY#~\21fl9-EXtf~IIT-I.DiqC cocw~, r~4x ,,~ Be~ o~r ~ ~ ~ ~ (,v/2) Any p row,~i~n i~emk~ which rest]lct~ ~ Sale, Rmltal ~ ~ of me ~d~ R~ ~RW ~ ~ ~, ~' Rel~0n, S~, H~ap, F~ S~i ~ ~ ~, b Invali~ and un~l~ce~le un~ FED~ ~W, ~1~ City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 STATE O~ TEXAS COUNTY OF NUECES I I~e~e~ ce~ II~ b'lm instrument was FILED ~n Fill Num~ Sequen~ ~1 the da~ and at the time stamped hereto by me, ~ was duly RECORDED, in Uqe O~ia~ Public Rec~ds 0! Ikmces County, T~as NUECES COUNTY,, ~