HomeMy WebLinkAboutC2005-178 - 3/24/2005 - NAUTILITY EASEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENT
The undersigned, GILES S. SUMMERLIN, Ill, c/o Broadway National Bank, P.O. Box 17001-
Trust, San Antonio, Texas 78291, ("GRANTOR"), in consideration ofTen 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 GRANTED,
SOLD, and CONVEYED, and does hereby GRANT, SELL and CONVEY to Grantee, its
successors, legal representatives and assigns, the fi-ce 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 witkin
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.
2005-178
03/2,1/05
Summerlin, 11I, Giles S.
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 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
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.
Giles S. Summerlin, III'
STATE OF TEXAS §
COLrlqTY OF [q.~, 1: ~:U,' §
BEFORE ME, the undersigned authority, on this day personally appeared, Giles S. Summerhn,
III, 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 y~rposes there: expressed.
Given under my hand and seal of office this
~,~ ~ ~ ,~ ~ Not~ Public, State ~ex~
,2004.
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 IMPROVEMENTS PURSUANT TO THIS AGREEMENT.
ACCEPTED for the City of Corpus Christi, a mumcipal co~ffationc~nd body politic under the
Grantee
CITY OF CORPUS CHRISTI, TEXAS
P.O. Box 9277
City Hall. 1201 Leopm'd Stme% TH[RD FLOOR
D~armmnt of En_~'~:~ing S~vice$
PROPERTY AND LAND ACQUISITION DIVISION
Corpus ChristL, Texas 78469-9277
bar, P.E_, Director
ent of Engineea-i~ Services
APPROVED AS TO LEGAL FORM ON ff/J~,~e~c'~. 2-~ ? -
FOR ~ CITY ATTORNEY
,20o F
City Legal Depar~em
TI-KESTATE OF TEXAS §
COUNTY OF NUECES §
This ir~Irument was acknowledged before rn¢ on ~Y'':' ~ ; ~- 20~'
by 'Angel R_ Es¢obar a~ Director of the Depa:tment of Engineering Serzices of the City of
Corpus Chrisli, a Texas municipal corporation, on behalf of said corpot~riol:L
(Seal)
ParcsJ 450
Parcel 450
FOOT
STATE Oil' TEXAS
COUNTY OF NUECES
BEING A ~.820 ACRg (g75.00 SQUARg FOOT} TRACT OF LAND OUT
OF T~kT CERTAIN TRACT OF LAND CoN3rgYED IN D~T
NO. 2~2~ OF 'I'HK Offgl~ ~C ~O~S OF ~
CO~, ~ ~ B~G O~ OF ~ NOR'~ ~[.~ ~) OF
~ON 5, ~~ F~ ~ A ~ OF ~ ~
~O~ ~ VO~ 3, PAGE I~ OF ~ ~ ~O~S OF
CO~, ~, ~E ~ B~G MOR~ P~~Y
D~~ BY ~ ~ BO~ ~
1~ ;,,~ are hn~d on the T~ms Coatd~ Syst~n of 1983, South Zone and ~ to
Nnf~'nml ~ Stu'vey Stations SR 100 and SR 110.
B~ilnin~ ~t a point on t~ south ri~o~t-of-way ~ of thru c.~in 100.00 ~ot wide roadway,
known aa Weber Road (FM 43), ~a its ~ with the w~st ri~m~-of-wa_y line of;:,~; eer~n;n
40.00 f~mt wide roaAway, ~.-~.wn ~s Coumy ~ 43, ~r tha n~mst com~ ~tht_n tral~ fxom
~ point a 5/g ~ iron rod, f~und, anth~ ce~Hna ofsald Co~u/.y Rt~ad 43, b~gn~ Nudh 89°
13' 22" East, a ,lga~m,~ of 20.00 f~t and thene~ Sonth 00~ 49' 13" gant, a di~aaee of 0.46 feet;
T~en~, South 00° 49' 13~ East, with said w~st r/gbt-of-way llne of Coum'y R~ad 43, a d/smuce
of 35.00 geet, to a l~iat, fnr ~he somt~ast ~oro~ of this tra~4
Theaee, South g~ 13' 22' We~ a cl~m, ce o£25.00 fe~.,m a point, onthe mst bom~,y liue of
t/mt cea~aia 25 f~ot wide ut~ty ~ des~-~ed in succe~a~w documen~ ....... 10cred
2003034019 thru 2003034023 ~ 2003037452, mcx3~le~_ ia the Ot~cial Public Records of
Numbs Coauty~ Tr..ha,a, f~r t~ so~hw~st cott~ ofth[~ ~
Thence, North 00~ 49' 13~ W~st, ~ said o~nt botmdary llne of th~ 25 foot wide nhqi~y
~ a ~'nnee of 35.00 f~et, to a poi~, on ~a:mm~miioned south 6ght-of-way H~e of
Weber Road (EM 43), f~r the aorthw~t cora~ or'ds m~
Thence, North 89° 13' 2~' I~ ~..~-. with said south right-of-way line of W'e..b~r Road (FM 43), a
~ of 25.00 feet, to the Point of Beglnning mui containing 0.020 a~tes (875.00 square feeo
oflancL
David A. Pyle, 1LP.~L.S. ~4700
Exhibit A
G:~159 001 2lEIocamen~'O30~-10f.~n-TIEACT-l.d~c Pa~ lofl
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROPERTY & LAND ACQUISITION DIV.
Corpus Christi. Texas 78469-9277
Any provis,~on ~ whic~ m s~'t~, ~e SaJ~, Re~l ~' u~
of b~e descri~ci REAL I~OP~ITW bm:~use o~ Race, Co,r,
R eicon, Sm[, Handl¢~, Fam~aJ $lal~ or Na~o~J 0~i11, Is
InvaliU anU urmnf~lb~e under F~)ERAJ. LAW, 3/17./~9
STATE OF TEXAS
COUN~OF NUECE8
was (/uty RECORDED, i~ Ihe Ora3a~ Publh: Records of
Nue~s Co~y. Texas
COUN'P~ CLERJ(
NUECE$ COUNT~, TEXAS