HomeMy WebLinkAboutC2005-177 - 3/24/2005 - NAUTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENT
The undersigned, HARVEY N. SUMMERLIN, SR., c/o Broadway National Bank, P.O. Box
1700 l-Trust, S an Antonio, Texas 7829 I, ("GRANTOR"), 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,
Texas 78469-9277, ("GRANTEE") the receipt and sufficiency of which is hereby
acknowledged, has GIL~_NTED, 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 reference for all
purposes.
GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary
Construction Easement described as an additional Twenty-five foot (25') wide construction
easement, south of and adjacent to the above described utility 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 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.
2005-177
03/24/05
Summerlin, Si'., Harvey N.
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 right 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 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 nght 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
uses herein above-described for so long as the same are used for such purpose, subject to the
matters set forth in the Addendum attached thereto, and if the use of said easement is ever
abandoned, then the aforesaid rights and privileges cease.
Harvey N. ~a(mmerlin, Sr.
STATE OF TEXAS §
COUNTY OF ~/"~2~"- §
BEFORE ME, the undersigned authority, on this day personally appeared, Harvey N.
Summerlin, Sr., known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes therein
expressed.
Given under my hand and seal of office this o~o 7~/"J) of J'~. F__~trlb~/~ , 2004.
Notary Pu'~~
ADDENDUM
As part of the attached Utility Easement dated the day of ,2004, it
is further provided that:
1. Notwithstanding any language to the contrary contained in the attached Utility Easement, and
particularly the language of the purpose clause thereof; it is agreed and acknowledged by
GRANTOR AND GRANTEE, as evidenced by the delivery and acceptance of the Utility
Easement with this Addendum attached, that the term "public utility lines" as used in such
Utility easement shall not include electric transmission lines, electronic antennae towers or
airport surveillance radar facilities; and the right to install electric transmission lines,
electronic antennae towers or airport surveillance radar facilities within the easement is not
granted by such utility Easement and is not included within the term "municipal purpose" as
used therein.
2. To the extent allowed by Texas law, Grantee agrees TO FULLY INDEMNIFY, SAVE AND
HOLD HARMLESS THE GRANTOR ("iNDEMNITEE") AGAINST ALL LIABILITY,
DAMAGE, LOSS, CLAiMS, DEMANDS AND ACTIONS OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT
LIMITATION OF THE FOREGOING, WORKER'S COMPENSATION AND DEATH
CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER,
WHICH ARISE OUT OF THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION,
INSTALLATION, OPERATION, USE, MAINTENACE, REPAIR, RESTORATION OR
REMOVAL OF THE hMPROVEMENTS PURSUANT TO THIS AGREEMENT.
ACCEPTED for the City of Corpus Christi, a mtmicipal corporation and body poh~c under the
laws of the State of Texas on ~//~. ~/ ,~t ,20q~_
Grantee
CITY OF CORPUS CHRISTI. TEXAS
P O- Box 9277
City Hall, 1201 Leopard Street, THIRD FLOOR
Department of Engin~xmg Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 7846tL9277
'An)~]/R_ Escobas, P.E., Dtrector
Dep6rtment of Engineer htg Services
APPROVED AS TO LEGAL FORM ON /~rc/_
FOR THE CITY ATTORNEY
Jostnph HarriS, A-~ 'n/ant C~ Algomey
City Legal De?amnem
,
THli STATE OF TEXAS §
COUNTY OF NUECES ~
This insO-ument was acknowledged before me on /.//~'"e~'cc~.~
by 'Angel tL Escobar as Director of the Department of Eo~gineelSng Services of the City of
Corpus Christi, a Texas municipal corporation, on behalf of said corporation_
(Seal)
Parcel 450
Parcel 450
35 FOOT WIDE
STATE OF TEXAS
COUNTY OF NITECE$
BEING A 0.020 ACRE (875.00 SQUARE FOOT) TRACT OF LAN]) OUT
OF THAT CERTAI/q TRACT OF LAND CONVEYED IN DOCUM]~T
COUNTY, TEXAS AND BEING OUT OF 'fHa. NOR'fH ~L~I.~ (N/2) OF
SECTION 5, LAI~I.~ FARM TRkCTS, A
RECORDED IN VOLUME 3, PAGE 15, OF ~ MAP RECORDS OF
NUECES COUNTY, Ti~AS, ALL SITUATED IN AND OUT OF NUECES
CO~, ~, ~ TP. ACT Bk':ING MOR~ PARTIC'UI.,~RLY
DESCRIBED BY METI~ AND BOUNDS AS
are based on the Trams C_,oor~nat, a Sy~em of 1983, South Zon~ and ~ to
National Oeode~ Storey St,~ons SR 100 ~d SR I 10.
Beginniag at a point on th~ sou~h right-of-way line of thn~ c~dn 100.00 foot wide roadway,
known as Weber Rozd (FM 43), at its intc~7*~m with ~he w~ rlght-of-w~_y
40.00 foot wide roadway, l~x, wa as Co~y Road 43, for the northe~ comer of this
vd~ich poi~ a 5/g i~.h iron rod, fo,- .:. on the centerl~ne of s~id Coumy Rc~d 43, 10e~a Nortix 89°
13' 22' l~r~ a distance of 20.00 f~t and th~ce South 00o 49' 13" East, a dL~nm~e of0.46 fe~t;
Tkeace, So~n°a 00~ 49' 13" F~. with said w~t rlEht-of-way ilne of Co~uty Road 43, a c[L, mm~
of 35.00 f~et, to apoi~ ~or ~he southe~t co~ of~-~ trot;
Thea~ South g9~ 13' 22' Wes~ a aid-n-ce 0£25.00 feet, to a poim, on the cast bom~a~y line o£
thnt c~tatn 25 f~ot wide uti~ty easenr, a~ desctfned in succea~ve doom~ms .... n,hered
2003034019 tlau 2003034023 and 2003037452, rec~d~l in the O~e~al Public Record~ of
Nuoce~ Cou~ty,.T~. for t~e somltw~st corm~ o£fl~ trot;
Thence, North 89° 13' 22" g ,.~,~ w~h said south right-of-way line of Weber Road (FM 43), a
di~r~ of 25.00 ~ to the Peiat of Beginnlug nnd containing 0.020 a~res (875.00 s~lua~e feet)
of ~mcL
Exhibit A
G:~139 ~1 2l ~I0c~2-M&.~'rIIACT-I ~ Pag~ l of [
pOBPp Op
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROPERTY & LAND ACQUISITION DIV.
Corpus Christi, Texas 78469-9277
I Pale~ 7
~/~ B~:~3:II ~
Official R~ of
F~ ~.~
Ar, y provision ~rein wh[¢il res~ic~ U~) Sale, Renl]ml or use
c,f :ha described REAL P~O PERI')' because o! Race,
!~vah,I ~nd ur~rdercea~l, under FEI~RAL LAW, 3/12/1)g
STATE OF TEXAS
COUNTYOF NUECF_8
I n~'ei~ cerl~f b~a~ ~ irm4n~men( was F)LED ~ F~ Numbor
Sequence on ~qe U~le anct at U~e ~ sb=~.n;:~:l he~ by me. m~m
wa~ uu~my RECORDED, rn ~he O Frm(=a~ Public Rec~!s o~
Nueces County, Texas