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Home My WebLink AboutC2005-185 - 3/31/2005 - NADoc# 2805016168 DEPARI MENT OF ENGINEERING SERVICES PROPER I'Y AND LAND ACQUISITION DIVISION Cirnarron/Yorktown Wastewater Lift $lalion, *04ss, Parcel I UTILITY EASEMENT FHE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: FHAT the GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, by and through its duly authorized Board of Trustees, referred to as "GRANTOR" of 6301 Yorktown, Corpus Christi, Nueces County, Texas 78414 for and in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged to Grantor, in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, its successors and legal representatives, hereinafter referred to as "GRANTEE", of P. O. Box 9277, Nueces County, Texas 78469-9277. a FIFTY-TWO FOOT (52') WIDE PERMANENT UTILITY EASEMENT to construct, maintain, service, operate, repair, remove and replace public utility lines ("Utilities") under, across and through certain tracts of land situated in Nueces County, Texas and being more particularly described as follows: Being a 0.057 acres (2,496 square feet) of land, more or less, out of Lot 3, Block I, Kings Crossing Unit 1, Phase 3, as recorded in Volume 51, Page 143, Map Records of Nueces County, Texas and being more particularly described by metes and bounds on the attached and incorporated as Exhibit "A' and shown on a map attached and incorporated as Exhibit "C'. TOGETHER with a TEMPORARY CONSTRUCTION EASEMENT located immediately West of and adjacent to the Permanent Utility Easement as shown on Exhibit "B'. SPECIAL PROVISIONS: I. Landscaoing: Grantee agrees lo create a linear boundary west of and adjoining the new permanent utility easement and lift station site. Grantee agrees to install a non-corrosive "edge strip" that runs north from the northwest corner of the permanent utility easement, then dissecting the northwest corner of the lift station site and terminating at the south boundary of the adjoining AEP Substation property. The two triangular spaces that will be created by the diagonal "edge strip" will be prepared with weed-retardant landscape fabric, then filled with crushed limestone. 2005-185 03/31/05 (;race Presbyterian Church 2. Driveway: A barricade will be placed at the end of the liR station access driveway for the purpose of preventing motorists from driving beyond the end of said driveway. A non- corrosive support strip will be used for the paver stone walkway to be constructed along the south edge of the access driveway. 3. Screening: Grantee agrees to place slats within the bars of the lift station entrance gates for the purpose of decorative screening. 4. Terms of the Temporary Construction Easement: The Temporary Construction Easement is to be used solely for purposes necessary and related to the construction of the improvements within the Permanent Utility Easement and Lift Station Site, including a construction staging area for the storage of materials and machinery used during the construction phase. Grantee's right to the use of the Temporary Construction Easement shall automatically terminate upon final completion and acceptance of the improvements of the wastewater lift station project by the City Manager of the City of Corpus Christi, Texas. 5. Cleanup and Restoration: Grantee expressly agrees that it will remove from said land all surplus material and will cause said land to be left as nearly as possible in its condition as it existed prior to the construction of said improvements. Grantee shall have the right of free ingress and egress over and along said Permanent Utility Easement to construct, service, repair, maintain, inspect, operate and remove said Utilities. TO HAVE AND TO HOLD, ALL AND SINGULAR, the fights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, and franchisees for the use as a PERMANENT UTILITY EASEMENT and right-of-way for so long as used for such purpose, and if the use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. GRANTOR GRACE PRESBYTERIAN CHURCH OF CORPUS CHRIST1, TEXAS A Texas Non-Profit Corporation Name:~3~-/~,,'~ /4, ,,/./~2'- .TRUSTEE Date: ~e: ./ ~ ,~ /~f~'~,~.4 / . TRUSTEE Date: TRUSTEE THE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT was acknowledged before me on this, the ~c7~'dT'/''~/- day of/-g"~,~'P~ , 2005, by ~'~-~/E ,~-/,~'./J /~. ~-/7--~'~ , TRUSTEE of GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI. TEXAS. a Texas Non-Profit Corporation, on OFFICIAL SEA Carmsn Maxs0n Slme o~ Texas Commission Expires August 6, 2007 FHE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT was acknowledged before me on this, thc day of./~...~,~/~ ,2005. by ..z~, ~-, ./7,~o'~7_~'.~ ,TRUSTEEofGRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. Notm'y Public in and for th6 Slate of Texas I'HF: STATE OF TEXAS COUNTY OF NUECES § FHIS INSTRUMENT was acknowledged before me o this,~e c~5:r~c day of/J~/C~_"c',z¢ ,2005, by -~-~ ~/c/J/. /~, U~><" ,TRUSTEEofGRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI. TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. ~-, .,,,,,,,, .... OFFICIAL SEAL S · -'~¢~'°~'¢i Ca men I~axst0sn I"e~ II ~1~ .1 State of Texa ~ ~ My Commission ~pires ~ a,~o,~,~ August 6, 2~7 Notary Public in and for the State of Texas FHE STATE OF TEXAS § COLINTY OF NUECES § FHIS INSTRUMENT was ackno3vledged before me on this, the -~/ day of/.)~,5/ , 2005, by ..-Z/t/~-/~ [ ~- /-. ~ ~,4 t_ T-(_~(:~2,, TRUSTEE of GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI, TEXAS, a Texas Non-Profit Corporation, on behalf of said Corporation. -,~"~'[~L',',,,. OFRClAL SEAL S~ ~-~ ~ '~"~ Carmen Mlxson ~ [~¢',~ My Comml&slon ~pltaa ~ %~,~;,,,' August 6, 2007 Notary Public in and for the Stale of Texas ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on //~e_~Z'/ ~ / ,2005. GRANTEE THE 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 ~/k~gel R. Escoba~, P.E., Director, Department of Engineering Services APPROVED AS TO LEGAL FORM THIS ON /44~--~ $ / tbr the CITY ATTORNEY ,2005. Joseph 'H~ev. Assist~ity Attorney City Legal Department I'HE STATE OF TEXAS ~ COUNTY OF NUECES § lhis instrument was acknowledged before me on ~/~/~z c~ -~/ ,2005 by 'Angel R. Escobar, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. (Seal) Page 5 of 5 STATE OF TEXAS § COUNTY OF NUECES § 48' x 52' NEW UTILITY EASEMENT FIELD NOTES to describe the boundary of 48' x 52' new utility easement out of Lot 3, Block 1, Kings Crossing Unit 1, Phase 3 as recorded in Volume 51, Pages 143 through 156, Map Records, Nueces County, Texas and also bein8 out of Lot 24, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas, said easement being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod set in the southwest line ora 50' x 110' new lift station site and the northwest line oF an existing 27' yard requirement and utility easement line as shown on said plat for the east corner of tkis easement from which the east corner of said Lot 3 bears N-29°-02'-50"-E, 50' and S-60°-57'-10'-E, 27'; TI:IE, NCE, S-29°-02'-50"-W, along said yard requirement line, a distance of 52.00' to a 5/8" steel rod set for the south corner of this easement; TltE, NCE, N-60°-57'-10"_W, a distance of 48.00' to a 5/8"steel rod set for the west corner of this easement; Tlll~.NCE, N-29°-O2'_50"_E, a distance of 52.00' to a 5/8" steel rod set in the southwest line of said lift station for the north corner of this easement; TI~ENCE, S-60°-57'-10"-E, along said lift station boundary, a distance of 48.00' to the POINT OF BEGINNING and containing 2,496 square feet (0.057 acres) of land, more or less. These field notes represent a survey made upon the ground under my direction and axe true and correct to the best of my knowledge. Accompanying plat prepared. 11. / . Date DAVID L NESBITr ?, .. .- COYM, REHMET & GUTIERREZ ENGINEERING, INC. Exhibit "A" STATE OF TEXAS § COUNTY OF NUECES § TEMPORARY CONSTRUCTION EASEMENT FIELD NOTES to describe the boundary of temporary construction easement out of Lot 3, Block 1, Kings Crossing Unit 1, Phase 3 as recorded in Volume 51, Pages 143 through 156, Map Records, Nueces County, Texas and also being out of Lot 24, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43 of the Map Records, Nueces County, Texas, said easement being more particularly described by metes and bounds as follows; BEGINNING at a point in the northwest hne of an existing 27' yard requirement and utility easement line as shown on said plat for the south comer of this easement fi-om which the east comer of said Lot 3 bears N-29°-02'-50"-E, 112.00' and S-60°-57'-10"-E, 27.00'; THENCE, N-60°-57'-I0"-W, a distance of 133.00' to a point for the west comer of this easement; TI~ENCE, N-29°-02'-50"-E, a distance of 112.00' to a point in the common line of Lots 2 and 3 in said Block 1 for the north comer of this easement; TI:I~.NCE, S-60°-57'-10"-W, along said common line, a distance of 50.00' to a 5/8" steel rod set for the north comer of a new lift station site which this easement is intended to serve and the upper east comer of this easement; THENCE, S-29°-02'-50"-W, a distance of 50.00' to a 5/8" steel rod set for the west corner of said lift station site and an interior comer oftkis easement; TI~.NCE, S-60°-57'-10"-E, along the southwest line of said lift station site, a distance of 35.00' to a 5/8" steel rod set for the north comer of a new utility easement and the middle east comer oftlus easement; THENCE, S-29°-02'-50"-W, a distance of 52.00' to a 5/8" steel rod set for the west comer o1' said new utility easement and an interior comer of this easement; THENCE, S-60°-57'-10"-E, a distance of 48.00' to a 5/8" steel rod set in said 27' yard requirement line for the south comer of said new utility easement and the lower east comer of this easement; COYM, REItMET & GUTIERREZ ENGINEERING, INC. Exhibit "B' THENCE, S-29°-02'-50"-W, along said 27' yard requirement line, a distance of 10.00' to the POINT OF BEGINNING and containing 8,250 square feet (0.189 acres) of land, more or less. These field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. Accompanying plat prepared. II.t k, ' Date COYM, REltMET & GUTIERREZ ENGINEERING, INC. IobNo. 9570c NOTES: I_SET~" STEEl. ROD AT ALL CORNERS UNLESS OTHERWISE SHOWN. 2. NO EASEI~ENT RESEARCH HA5 BEEN PERFORI, CED Bi' COYI, LREH~4ET & GUTIERREZ 3.,~gCOMPANYING FIELDNOTES PREPARED 4. BEARING t~ATCH THOSE SHOWN ON THE PLAT OF LOT 3. LOT $, BLOCK 1 KINGS CROSSING UNIT PHASE 3 ~RA~ P~YT~R1,~q CkURCH ARFAS DESCRIPTION SQ. FT. ACRES NEW LIFT STATION SITE 5.500 0J26 LIFT STATION SITE AREA 3,~40 0.088 IN EXISTING EASEMENTS LIFT STATION SITE AREA I~EtO 0Z)38 OUTSIDE EX/STING EASEMENTS NEW UTILITY EASEMENT 2.496 0057 TEI~PORARY CONSTRUCTION 8,250 OJB9 EASEl, CENT 27' Y~R. g.~EXISTING 20' U.E.--~7 P.O.B. T.C.E. EX/STING 7' CP&L EASEMENT CIMARRON BLVD. x \ ~FENCE N ~_O F..~,O'~ J.j. i z m' S2~02'5~ ~ E~T COR. LOT 3, BLK. I (80' R.O.W.) *e*- UFT STA S UR VEY PLA T JOB ' 9570C r C~ Coym, Rehmet ~f Gutierrez Engineering, Inc. 5656 South Staples, Suite 230 ~ ~ ! G~ Cocpus Christi, Texas 784,1 Phone (]61)991-8550 Fox 99] 7569 Il,lb email cr gengl~inter connec f.net DATE: ...\CADD JOBS\9000\9570C\LS~SP.dgn 11/1612004 02:59:16 PM SCALE: 1'= 60' SHOWING A 110' x 50' LIFT STATION SITE, A ag' x 52' UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, ALL OUT OF LO T 3, OH,S RECORDED VOL. $% PG. ,43 THROUGH 156 OF THE MAP RECORDS /~.J"~.' e' ~ '~"0' ".~ ~ OF NUECE$ COUNTY, TEXAS. v .................. ..% Exhibit "C' STATF O~F TEXAS COU~OF NUECES N~sWas fl~;YC~hty,R ECORD~D,Texas in ~ 0~1P~ ~ of , NUECEs ~ ~S City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277