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HomeMy WebLinkAboutC2005-271 - 6/6/2005 - NA Doc# 2005~8432 TRACT 511 Rioht of Way and Utility Easement STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That the undersigned, "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, ("GRANTEE"), 1201 Leopard Street, Nueoes County, Texas 78469-9277, 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, permanent and temporary easements for the free and uninterrupted use, liberty, and privilege of going in, on, over, under, and along certain herein after described portions of Lot 22, Bedet Addition, a map of which is recorded in Volume 30, Page 90, Map Records of Nueces County, Texas, all as more particularly described in Exhibits "A" and "B" attached hereto and adopted by this reference as part hereof for all purposes. The permanent easements herein conveyed are exclusive easements to be used from time to time for the following municipal purposes: 1. A Right-of-Way easement, on a strip of land, twenty-five feet (25') in width as more particularly described in Exhibit "B" for the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and related appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, on, over, under, along and upon said strip, as well as to lay, operate, 2005-271 06/06/05 1 Hellmann, Joseph J. TRACT 511 inspect, replace, repair service and maintain municipal public utility lines, storm sewers, and franchised utility lines in, on, over, under along and upon said stdp of land. 2. A Utility easement, on a strip of land, fifteen feet (15') in width as more particularly described in Exhibits "A" and "B' for the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees, to construct, service, repair, maintain, inspect, lay, operate and keep municipal public utility lines, and franchised utility lines in, on over, under and along said strip of land. The temporar3f eaeement~ herein conveyed (sometimes referred to as temporary work space) are exclusive easements to be used from time to time for the municipal purposes of the free and uninterrupted use, liberty, and privilege of going in, on, over, under, and along certain herein after described tracts of land adjacent to the above described permanent easements to be used for working room and to store materials and machinery dudng the construction of the initial water transmission line within the permanent Utility easement and until completion and acoeptance thereof by the City Manager of the City of Corpus Christi. Thc temporary easements are more particularly described and located on Exhibit "B" by plat showing calls and distances. This agreement is further subject to the terms of the Addendum attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD, ALL AND SINGULAR, the permanent and temporary easement rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives and assigns, for the above-described municipal purpose and uses for so long as the same or any of them are used, and if the TRACT 511 use of said easement ~s ever abandoned, then the aforesaid rights and privileges cease; SAVE AND EXCEPT that the temporary easement rights shall terminate upon completion and acceptance of the initial water transmission line in the permanent easement as herein above provided. Signed this --~/ day of Grantor: 2005. THE STATE OF ~ ,-x~ % § COUNTY OF /(./, ~,~/-- ) § This instrument was acknowledged before me on by Joseph J. Hellmann ,2005, / Notary Public, State of Texas 3 167685 v8 TRACT 511 ACCEPTED for the City of Corpus Christi, a~municipal corporation and body politic under the laws of the State of Texas on ~/~'~v ¢ ~ ,2005. Grantee: CITY OF CORPUS CHRISTI, TEXAS PO. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus ChdstJ, Texas 78469-9277 scobar, P.E., Director ent of Engineering Services APPROVED AS TO LEGAL FORM ON 2005 CITY A'I-DORN EY Assistant ~ity Attorne~ THE STATE OF TEXAS COUNTY OF NUECES ~I-~ ~ instrument was acknowledged before me on , 2005, by 'Angel R. Escobar as Director for ,C~ineering Services for the City of Corpus Chdsti, a Texas municipal corporation, on ~ehalf of said corporation. I~f ~ E~E$ Notary Public, State of T 4 1676~5 v8 TRACT 511 ADDENDUM As part of the attached Easement dated the ~,(day of is further provided that: ~/¢~ ,2005, it I Grantee shall relocate the existing fence from its present location to the border of the temporary easement, during initial construction, and shall replace it at its original location upon completion of initial construction 2 To prevent escape of livestock, at no time shall gate or fence be left open or down. If main entrance is removed during construction Grantee will be responsible to replace or rebuild said entrance to its odginal condition. Grantee will replace all culverts that are removed during construction ofthe pipeline. 5 67685 v8 ENGINEERING Job No 33760.A205 October 11, 2004 (301}854-310I PO BOX 6355 · CORPUS CHRISfE TEXAS 7S466 6355 FAX (361)854-6001 EXHIBIT A TRACT 511 STATE OF TEXAS COUNTY OF NUECES Fieldnoles for a 15.00 foot wide utility easement out of Lol 22, Berlet Addition. a map of which is recorded in Volume 30, Page 90, Map R~cords of Nueces County, Texas and being the land described as Tract "B" in deed dated October 18, 1996 fi.om Wanda Painler lo Joseph J. Hellmann and wife, Diane Hellmann, filed under Clerk's File No. 1996041085, Ofl3cial Records of Nueces County, Texas; said ulilily easement being further described as follows: Beginning at a poinl on the common line of said Lot 22 and of Lot 23, Berlel AdditimL a map of which is recorded in Volume 38, Page 158, Map Records of Nueces County, Texas, for the north comer of this easement, fi.om which comer the north comer of said Lot 22 and the ea~t corner said Lot 23, located at the ifitersection of said common boundary and the existing southwest beundary of Yorktown Boulevard, an 80 foot wide public roadway, bears North 28°33'24" E~t, a distance of 25.00 feel and fi.om which Poinl of Beginning a National G~odetic Survey monument s~amped "SS-100" bears North 76°38'38'' West 23,731.45 feet and another National Geodetic Survey monument stamped "SR-070' bears North 59"34'56" West 2512.08 feet; Thence, South 61°26'36'' East, with the northeasl boundary of this easement, same being the proposed southwest boundary of 130 foot wide Yorktown Boulevard, as per the Corpus Christi Urban Transportatioo Plan dated March 2003 and parallel with the centerline of said Yorktown Boulevard and 65.00 l'eet distant there from, measured at right angles therelo, a dislance of 120.00 feet to the common boundary of said Lot 22 and of Lot I, Berlel Addition, a map of which is recorded in Volume '10, Page 90, Map Records of Nueces County, Texas for the east comer of this easement, fi`om which com~ the easl corner of said Lot 22 and lhe norlh comer of said Lot I bears North 28°33'24'' East, a distance of 25.00 feet and fi.om said nor/h and east comer a found 5/8 inch iron rod bears North 28°33'24TM East ~.38 feet; Thence, South 28°33'24" Wesl, with Ihe common boundary of said Lol 22 and said Lot l, same being the southeasl boundary of Ibis easement, a distance of 15.00 feet for Ihe south comer of this easemenl; ['hence, North 61°26'36'' W~st, wilh the soulhwesl boundary of this easement, parallel with the centerline of said Yorklowa Boulevard and 80.00 Ii:el distant there fi.om, measured at right angles thereto, a distance of 120.00 feet to the aforementioned common boundary of said Lot 22 and of said Lot 23 for the west corner of this easement; Yhence, North 28°33'24TM Easl, with said common boundary; same being with the northwest boundaE~ said Lot 22 and the northwest boundary of this easement, 15.00 feet to the Point of Beginning and containing 1,800.00 square feet of land. Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodelic Survey monumenb "SR-070' (North coordinate = 17, 123,255.1563 East coordinate = 1,358,946.5964) and "SS-100" (North coordinate = 17,127,465.3284 East coordinate 1,338,023.3238) were used as control points for establishing basis of bearing. Coordinales shown are based on Texas Sl~.le Plane Coordinale System, South Zone (NAD83) moiJ@ufbaneng.corn URBAN ENGINEERING ., , .P.L S. License No. 4909 TEXAS 78404 City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277