HomeMy WebLinkAboutC2005-677 - 12/5/2005 - NA
UTILITY EASEMENT
AND
COVENANT OF ACCESS
'OC*, 20050636.3':J
STATE OF TEXAS
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s
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF }J U ECe5
That the undersigned, hereinafter called "Grantor" for the provision of utility service
and/or other benefits and for good and valuable consideration does hereby covenant access to
and grant, sell, and convey unto NUECES ELECTRIC COOPERATIVE, INe. (hereinafter
called the "Cooperative"), an easement and right-of-way upon, across, and under the property
described on Exhibit" A" attached hereto and incorporated herein by reference.
The right-of-way, easement, rights and privileges herein granted shall be used for the
express purpose of providing electric and other utility service including placing, constructing,
operating, repairing, inspecting, rebuilding, removing, relocating electric lines, transmission or
distribution facilities or equipment, other utility lines, as well as reading any meter or performing
any act related to the provision of the utility service The Cooperative is specifically granted
pedestrian, equipment and vehicular ingress and egress.
The width of the easement shall be IE"" (jOP)reet, one-half (112) such distance on either
side of Cooperative's lines, poles, or other facilities, and shall include the subsurface below and
the space above
The easement, right, and privilege herein granted shall be perpetual, appurtenant to the
land, and shall inure to the benefit of the Cooperative's successors and assigns. Grantor
represents that he or she is the owner of the above-described tract of land and binds
himself/herself, his/her heirs, assigns, and legal representatives to warrant and forever defend the
easement and rights described hereinto the Cooperative, its successors and assigns.
It is expressly provided, however, that in the event the easement granted herein has not
been used by the Cooperative as provided herein for a period of not less than twenty-four (24)
consecutive months and that such easement has been abandoned, that upon the written request of
the Grantor, or their successors or assigns, the Cooperative will, at its expense, release so much
of the easement that has been abandoned.
The Cooperative shall have the right to use so much of the surface of the hereinbefore
described property of Grantor as may be reasonably necessary to contract and/or install within
the right of way granted hereby the facilities that may at any time be necessary for the purposes
herein specified.
The Cooperative shall have the right to clear the right-of-way of all obstructions, to cut,
remove and trim trees within the right-of-way and to chemically treat with herbicides as
necessary
Grantor agrees that all poles, wires, cables, circuits, appurtenances, facilities, appliances
. . --"_II..J nM"1 the easement property shall at all times remain the property of the
2005-677 at the option of the Cooperative.
t 2/05/05
(over)
"- ueces Electric Cooperative
This instrument, and the terms and conditions contained herein, shall inure to the benefit
of and be binding upon the Cooperative and grantor, and their respective heirs, personal
representatives, successors. and assigns
Grantor further covenants that Grantor, his heirs, successors and assigns shall facilitate
and assist Cooperative personnel in exercising their rights and privileges herein described at all
reasonable times. Grantor further covenants that Grantor, his/her heirs, successors and assigns
shall refrain from constructing appurtenances, building, etc., and storing equipment, materials or
any objects, or operating any machinery or conducting any activity in or around the easement
that compromises safety or in any way violates the current National Electric Safety Code
clearances Grantor shall not construct or locate on the easement property any structure,
obstruction or improvement which will interfere with the Cooperative's use of the easement.
The Cooperative shall have the right to remove from the easement property any structure,
I mprovement, or obstruction and Grantor agrees to pay the Cooperative the reasonable cost of
such removal and this agreement shall be a covenant running with the land for the benefit of the
Cooperative
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THE STATE OF TEXAS
COUNTY OF I\t~CL. ()
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\"", l~VENIl)~DER, MY /--Ht\ND AND SEAL OF OFFICE this ~ day of
I,X [. \\\. V"y f . 0...
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Notary Public
State of Texas
After recording, return this
document to.
Nueces Electric Cooperative, lnc
PO. Box] 032
Robstown, TX 78380-] 032
Rev 7/0]
EXHIBIT A
M ETES A~D BOUNDS DESCRIPTION
OFA
TEN FOOT WIDE NEC EASEMENT
]]99.90168.05
!3emg a\..n foot \vide NEe easement located within a 2293.25 acre tract (gross) recorded in Document
:;2000Ci41J451. Official Public Records ofNueces County, Texas, said 2293.25 acre tract being all of Sections
'::2 ,md 41 the south half (S 1'2) of Section 42, and the north halves (N Yz) of Sections 43 and 44, Santa Cruz
Ranch, known as Llllreles Farm Tracts, recorded in Volume 4, Page 36, Map Records ofNueces County,
[ exas. all, I this ten foot wide easement being more particularly described by metes and bounds as follows:
Beglllnin~ at the northwest corner of this easement, said corner being at the intersection of the west boundary
!inL' ()f.,ad 229325 acre tract with the south right-of-way line of County Road 20, and bearing S 00004' 23" E,
iO.OO rev: from the northwest cornel of said 2293.25 acre tract. said corner being on the centerline of County
!\oad 2,)
Theil\.. ,: N 89" 5/1 20" E with the north boundary of this easement and said south right-of-way line of said
('ourt \ Road 20. 10.00 feet. to the northeast corner of this easement;
Then\.'.: S (JO" 04 23" E with the ,--,ast boundary line of this easement and running 10.00 feet east of and
paraJkl to the west boundary linL' of said 2293.25 acre tract. at 7891.55 feet pass 10.00 feet east ofa 1 ~_
inch 'ion pipe bL'lJ1g an insIde corner of said 2293.25 acre tract. in all 7901.17 feet, to the southeast corner of
Ihis c,ISL'ment
i'hcIlL. S (Joe 00 38" W. 44000 teet. to a corner;
-~ Thenl.' S 00003 ..JoO" E. 472.66 feet, to a corner;
.;: Then.... S 890 56 20" W. 891.24 feet. to an inside corner of this easement;
() i"hen...: S 45" 03 49" W. 1989.5~ feet. to a corner;
Then...',' N 44" 56 11" W. 16922 feet, to a corner;
X. !hen,>: N 480 2~ 08" L 10.02 feet, to a corner:.
I) Then,.:': S ..Jo40 56' II" E. 158.64 feet, to a corner;
] O.fhenl': N 45" 03' 49" E, 1989.54 feet. to a corner:
] I. Them:,: N 00" 03' 40" W, 362 A 1 feet, to a corner:
] 2. fhene,: S 890 56' 20" W. 2334.38 feet. to a corner;
! ~ Then,y S 000 OJ' ..JoO" E. 76.22 feet, to a comer;
14. Thenl.'l: N 58" 48 58" W. 11.70 feet, to a comer of this easement;
]). Thenc,: N 00" 03 40" W. 80.15 feet to a comer of this easement;
16. IhenL\' N 89" 56' 20" E. 2354.38 feet. to a corner of this easement;
17. Thenc,: S 00003' 40" E. 376.56 feel, to a northwest corner of this easement;
] 8. ThencI: N 890 56' 20" E, 871.20 feet, to a northeast corner of this easement;
19. Thence N 000 OJ 40" W. 462.66 feet, to an inside corner of this easement;
20. Thenct' N 000 00' 38" E, 490,00 feet, to a corner:
.: I. Thence N 000 04' 23" W, at 9.61 feet pass a 1 1/2-inch iron pipe being an inside corner of said 2293,25 acre
tract. in all 7901 16 feet to the point of beginning and containing 3.37 acres ofJ~~~s.
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","ok i3"drings hasl.'d on north boundary line of Section 22 being N 89056' 20" E in Volume 162, Page 146,
])Ct:d Records of Nueces County. Texas.
ITEM BEARING DISTANCE
11 N89'56'20"E 10.00'
'-'
L2 SOO'04'23"E 7901.17'
L3 soo-oo' 38"W 490.00'
L4 SOO'03' 40"E 472.66'
L5 S89'56'20"W 891.24'
L6 S45'03' 49"W 1989.53'
L7 N44'56'11"W 169.22'
L8 N48'23'08"E 10.02'
L9 S44'50' 11 "E 158.64'
L10 N45'03'49"E 1989.54'
L 11 NOO'03' 40''W 362.41 '
L12 S89'56'20"W 2334.38'
L13 SOO'03' 40"E 76.22'
L14 N58'48'58''W 11.70'
L15 NOO'03' 40"W 80.15'
L16 N89'56'20"E 2354.38'
L17 500'03'40"E 376.56'
L18 N89'56'20"E 871.20'
L19 NOO'03' 40"W 462.66'
L20 NOO'OO'38"E 490.00'
L21 NOO'04'23"W ! 7901.16'
EASEMENT ACREAGE = 3.37 ACRES
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(t- CR 20
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NW CORNER
2293.25 ACRE
TRACT
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10' WIDE NEe EASEMENT
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1 1/2" IRON PIPE
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DATE ~
! 11/30/0 I t::...WJ
DES GR ! DATE 11 /30/0~ SHINER MOSELEY AND ASSOCIATES, INC.
ENGINEERS & CONSULTANTS
-~ 555 Norlh Carancahua Street, Suite 1650
C:"~~___-L~~~11 /30/0h_ CorpJaCbristi. T=78478
SMA JOB ,,0. 199.90168.05 I DRAWING NO. 90168-05-EX3
CITY OF CORPUS CHRISTI
EXHIBIT B
NEe 10' EASEMENT
NUECES COUNTY
TEXAS
SCALE GRAPHIC
SHEET
OF 1
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROPERTY & LAND ACQUISITION DIV.
Corpus Christi, Texas 78469-9277
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