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Home My WebLink AboutC2005-192 - 4/20/2005 - NARincon Bayou Diversion Pipeline Parcel 3A UTILITY EASEMENT FILE NO. 5434'Yl NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § COUNTY OF SAN PATRIClO § KNOWALL BY THESE PRESENTS: That [he undersigned, "GRANTOR" (whether one or more) of the CITY OF ODEM, P. O. Box 754, Odem, Texas, 78370, 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, 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 under a certain tract of land situated in San Petricio County, Texas (the "Premises"), together with free ingress, ogress, and regress W~thin 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 ONE (1) WATER PIPELINE with a maximum diameter of SIXTY- EIGHT INCHES (68') under the Premises described in ~xhibit °A" attached hereto and adopted by this reference for all purposes. See the rnstee and bounds property dascdptlons for the Utility Easement attached and incorporated as Exhibit "A". A map showing the location of the Utility Easement together wifl~ two Temporary Construction Easements ia attached and incorporated as Exhibit "B". The Temporary Construction Easements are further described 2005-192 04/20/05 City of Odem as a 35-foot wide Temporary Construction Easement, north of and adjacent to the permanent Utility Easement AND a 35-foot wide Temporary Consti'uctlon Easement south of and adjacent to the permanent Utility EasernenL These Temporary Construction Easements are to be used for working room and storage of materials and machinery during the conat~uctlon phase. These Temporary Construction Easements automatically termJnate upon completion and acceptance of the pipeline consti'uction of the Rlncon Bayou Diversion Pipeline Project by the City Manager of the City of Corpus Christi, Texas. SPECIAL PROVISIONS: 1. Existlna Trees: Prior to the start of construction, the Grantor agrees to mark the free~ that are to be protected during construction. Grantee will take reasonable care to avoid damage to tmee that ara marked and will replace any damaged h'ees with saplinge of the same or ~imilar speciee. 2. Resto~on: Grantee agrees to segregate top soil and reetore the land to the same elevation and contour as exiatsd prior to construction. 3. Sumlu$ Dirt: Grantee agrees to offer surplus dirt to the Grantor. Grantee agrees to haul and spread aurplua dirt at a location specified by Grantor. Grantor agrse~ that surplus dirt will be used at the time specified by the Grantee's contractor end on the same prendses. If Grantor does not want the surplus dirt, Grantee agrees to remove it from the premises a~,,,~ settlement and final leveling. 4. Aprmrtenances: One 4" PVC Conduit will be installed with the water plpetlne and for the purpose of containing the SCADA monitoring ayatarn. This conduit is an appurtenance of the water pipeline. Grantee agrees to locate any appurtenancee that are necessary for the pipeline at a location aa close to fences or boundaries as raeeonably pos~ble. App~rtenancee will be hidden from view by vegetation that screens and blends in with the existing natural landscaping. Grantee agrees to plant necessary scraenlng vegetation as soon after construction aa is reasonably posailde. (I.e., young plants that would not survive extreme heat may require delay for planting.) No appurtenencee unless covered by natural vegetation. 5. Indemnification Clause: To the extent allowed by law, the City of Corpus Christi agrae~ to hold the City of Odem harmless from and indemnify the City of Odem for all clalrns and damages, Including damages, attomey fees, costs and expenses in se far as the same may be caused or allegedly caused by the acts or omissions of the City of Corpus Christi in connection with the use of this 6. Ph:~llne Cover: The Water Pipeline herein deecribed shall be buried a minimum of 36" from the top of the pipe to the surface of the land. The dghts conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantods heirs, exac~tors, and assigns, the use and enjoyment of the Premises subject only to the dominant dght of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed F t.ENO- 2 TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal represe~tatives and S4,..~4'~. assigns, for the above-described utility easement for the municipal purpose and uses herein above-described for so long as the same are used for such pucpose, and if the use of said easement is ever abandoned, then the aforesaid dghts and privileges cease. Signed this 12th day of Apri! ,2005. Grantor THE CITY OF ODEM, TEXAS Billy Huerta, Mayor Pro-Tem THE STATE OF TEXAS COUN'rY OF SAN PATRICIO ~ This instrument was acknowledged before me on [he /,<~' day of ',~ ~) ,2005, by Billy Huerta, Mayor Pro-Tern of the City of Odern on behalf of said City. 3 ACCEPTED for the City of Corpus Chdsti, a ]nunicipal corporation and body politic under the laws of the State of Texas on ~11~/,~ ~ ,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 Chdsti, Texas 78469-9277 ,~lh~l R Escobar, P.E,, Director I~spartment of Engineering Services TO LEGAL FORM ON /-'~ APPROVED AS FOR THE C,TY A ORNE¥ City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This _ instrument was acknowledged before me on ~"-,~..~.~¢~ ~ , 2005, by 'Angel R. Escobar as Director for Engineering Servi~':es for the City of Corpus Chdsti, a Texas municipal corporation, on behalf of said I~ary Public, State of Texas/t_~/ H:~lOME~TrinaH~GEl~Rinc~n Bayou Diversion Pipeline\UE_City o[ Odem.d~c 4 STATE OF TEXAS 543471 COUntY PATmCIO BEING A 0.569 ACRE TRACT OF LAND OUT OF THAT CERTAIN 455 ACRE TRACT OF LAND DESCRIBED IN CLERK'S FILE NO. 415239, OF THE REAL PROPERTY RECORDS OF SAN PATRICIO COUNTY, TEXAS ALL SITUATED IN AND OUT OF THE VICTORIANO TARES & PEDRO VILLAREAL SURVEY, ABSTRACT NO. 32, SAII) SAN PATRICIO COUNTY~ TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings are based on Texas State Plane Coordinate System, South Zone (NAD 83) and referenced to National Geodetic Survey Station "Nueces 2" Beginning at a point, on the west boundary line of said 455 acre b-act of land, same line being the east boundary line ora 3637.503 acre tract of land, a description of which is recorded in Clerk's File No. 483444, of the Real Property Records of San Patricio County, Texas, for the northwest corner of this tract, fi.om which pohlt a concrete monument, found, for an eastern comer of said 3637.503 acre tract of land, same point being the southwest comer of the Interstate Highway No. 37 and SIate Highway No. 77 Interchange, bears North 13 ° 08' 36" East, a distance of 619.48 feet; Thence, North 72° 27' 12" East, a distance of g25.25 feet, to a point, on the west Boundary line of Interstate Highway No. 37 (220' right-of-way), for the northeast comer of this tract; Thence, South 17' 33' 52" East, with said west boundary line of Interstate Highway No. 37, a distance of 30.00 feet, to a point, for the southeast comer of this tract; Thence, South 72° 27' 12" West, a distance of 826.97 feet, to a point, on the common boundary line of aforementioned 455 acre tract of land and aforementioned 3637.503 acre tract of land, for the southwest corner of this ~-act; Thence, North 14° 17' 52" West, with the common boundary Line of said 455 acre ~act of land and said 3637.503 acre tract of land, a distance of 30.05 feet, to the Point of Beginning and containing 0.569 acres (24,783.33 square feet) of land. Pyle and Associates, Inc. David A. Pyle, R.P.L.S. No. 4700 Exhibit "A" Page 1 of I 14'17'52' / / 8.987 AC 3637 503 AC CLERK'S FILE NO 48J444 RPR. S. PCF OUT OF 455 AC CL6RK'S FILE NO. 4152J9 _~ RPR. S.P.C.T. MAP TO ACCOMPANY ME"~S ,AND ~OUNDS OE'SCRIPTION OF Parcel 3A THE CITY OF ODEM Exhibit 54,347t FILED FOR ~CORD danle F~n~ City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277