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HomeMy WebLinkAboutC2005-713 - 12/21/2005 - NA '\ TRACT 521 Right of Way and Utility Easement i::.0050S6IZlE,1 3T ATE 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, Nueces 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 a 20.00 acre tract of land out of Lot 18, Section 51, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 through 43, 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, ten feet (10') 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 2005- 713 12/21/05 ,\nderson Oil Ltd. TRACT 521 In all seasons in, on. over, under, along and upon said strip, as well as to lay, operate, Inspect, replace, repair service and maintain municipal public utility lines, storm sewers, and franchised utility lines in. on, over, under along and upon said strip 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 temporary easements 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 during the construction of the initial water transmission line within the permanent Utility easement and until completion and acceptance thereof by the City Manager of the City of Corpus Christi. The temporary easements are more particularly described and located on Exhibit '8" 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 2 , 67685 v8 TRACT 521 municipal purpose and uses for so long as the same or any of them are used, and if the use of said easement IS 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 Id~daYOf ~C'M/.J~ ,2005. Grantor: ANDERSON OIL LTD. ~~~::~ev,:~<-,,~ Title: tt/~ r-l' ,,/7, ~5j <]"'1 --;-. ~ THE STATE OF _~0~ COUNTY OF N v t.C -to s s s This instrument was acknowledged before me on by 1L~, ~ -... ,1 c.<- Anderson Oil Ltd. on behalf of said ,""', ~~ 1 --;;l, 2005, of t~~ BET.H JONES ~ . Notary Public ~.JI!{ STATE OF TEXAS ~ My Comm. Exp. 09-22-2007 .~ .. "'l(':. ~ ~ /~ otary Public, ~ ~ ~ 3 167685 vB TRACT 521 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on lJ~"'(",;,l! , 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 Christi, Texas 78469-9277 ,l / ..,<"<~tf~oV' An . Escobar, P.E.. Director D artment of Engineering Services APPROVED AS TO LEGAL FORM ON ;)1'(T'fA....{;C.r z---? , 2005 CITY ATTORNEY By: Assista I ey THE STATE OF TEXAS S S COUNTY OF NUECES S J This instrument was acknowledged before me on ~U'H~ Z / ,2005, by 'Angel R. Escobar as Director for Engineering Services for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. e...~ ~: ,::} ;;;;..~" EUSEBIO GAffZA III MY COMMISSION EXPIRES Fabmary 14, 2009 ~ 4 67685 v8 TRACT 521 Addendum to Easement The followin9..Add ndum is part of that ,,~rtain Right of Way and Utility Easement jat d the z;.:; day of ~, 2005, between ~ ~. , as "Grantor," and the City of Corpus Christi, a Texas Home Rule mun' ipal corporation, as "Grantee." It is agreed and understood by Grantor and Grantee that, in the event of a conflict between the terms of the Right of Way and Utility Easement and the terms of this Addendum to Easement, then, in such event, the terms of this Addendum to Easement shall control. Therefore, it is further provided that (1 i The fifteen (15) foot Utility Easement will not restrict the development of this property, and will not restrict Grantor's right to grant other easements to other parties from time to time across the fifteen (15) foot Utility Easement for telephone lines, water lines, gas lines and other public utility services for the benefit of the lands described in Exhibits "A' and "B" hereto (the "Lands"), so long as said development and easements comply with the current zoning and platting regulations required by Development Services with the City of Corpus Christi. Grantor further reserves the right to use that part of the Lands covered by this easement for any purpose it may elect, so long as such use does not unduly interfere with the rights herein granted to Grantee. (2) No mineral or leasehold rights whatsoever, and no rights in and to the oil, gas, or other minerals in and under said Lands, are hereby granted to the Grantee, this being purely an easement to construct, maintain and operate the described public utilities (3) Grantee shall fill in all ruts, subsidence and holes caused by its operations and shall as nearly as practicable, level and put the contour of the ground back as it was prior to Grantee's operations hereunder. (4) It is agreed by Grantor and Grantee that the payment of the consideration above recited is for the grant of the described permanent and temporary easements. It IS agreed, however, that such consideration does not cover or include damages to the Lands or the personal property accessions or fixtures of Grantor and its tenants, if any, resulting from negligence or carelessness or the failure to construct and install the described public utilities in a good and workmanlike manner or from Grantee's failure to restore the surface of the ground, to as near as is practicable, its original condition. In addition, the consideration paid for the granting of the easement does not include such damages. if any, that may subsequently result from the construction, maintenance, operation or repair of the described public utilities. (5) The water transmission line shall be used solely for the purpose of transporting fresh water which can be transported legally through such pipelines. However said water transmission line shall not be used to transport salt water. 5 , 67685 v8 TRACT 521 (6) The easements granted herein shall automatically terminate upon the earliest occurrence of one of the following events, to-wit: (a) the permanent removal of the public utilities described herein; or (b) the termination of use of the permanent and temporary easements granted herein for the purposes stated herein, for more than three hundred sixty five (365) consecutive days; however, days of non- use due to acts of God or governmental prohibition which are beyond the Grantee's control shall not be counted in computing the cessation period for termination purposes. (7) Grantee to the extent allowed by the Texas Constitution and Statutes agrees to completely hold harmless and indemnify Grantor against any and all claims resulting from Grantee's use of the premises. If the Texas Constitution and Statutes prohibit Grantee from indemnifying Grantor, Grantee shall nevertheless pay any damages associated with its or its agents' negligence, or breach of any item or condition of this agreement related to Grantee's use of the easements, or the failure to construct and install the described public utilities in a good and workmanlike manner, or from Grantee's failure to restore the surface of the ground, to as near as is practicable, its original condition (8) Prior to the installation or removal on any public utilities described herein, Grantee will notify Grantor describing generally the work to be done and the approximate date thereof. 6 167685 v8 III U..AN ENGINEERING Job No. 33760.A2.05 January 31, 2005 85,]3 0 PC 80~. 6355 . CORPUS ChPISTI nXAS 78466-6355 EXHIBIT A FAX (361)854-6001 TRACT 521 Sl ATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 15.00 foot wide utility easement out of a 20.00 acre tract ofIand out of Lot 18, Section 51, Flour BlufT and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records ofNueces ( nunty, Texas and being the land described in deed recorded in Document No. 2002018130, Official Public Records of Nueces County, Texas; said utility easement being further described as follows: Beginn 109 at a point on the southeast boundary of a 20.00 acre tract ofland out of Lot] 7, Section 51, Flour Bluff and Encinal Farm and Garden Tracls, as described in deed recorded in Document No. 1997030577, Official Public Records of Nueces County, same being the northwest boundary of said 20.00 acre tract out of Lot 18, Section 51, for the north corner of this easement. from which comer the intersection of said northwest boundary and the existing southwest boundary of Yorktown Boulevard, an 80 foot wide public roadway, bears North 28033 '24" East, a distance of 10.00 feet and from which Point of Beginning a National Geodetic Survey monument stamped "SS-I 00" bears North 74006'02" West 28,511.05 feet and another National Geodetic Survey monument stamped "SR-070" bears North 60055'47" West 7,428.04 feet; Thence, South 6] 026' 36" Last, with the northeast boundary of this easement, same being the proposed southwest boundary of 100 foot wide Yorktown Boulevard, as per the Corpus Christi Urban Transportation Plan dated March 2003 and parallel with the centerline of said Yorktown Boulevard and 50.00 feet distant there from, measured at right angles thereto, a distance of 659.85 feet (plat=660.00 feet) to a point on the common boundary of Lots 18 and 19, said Section 51, for the east corn er of th is tract. Thence. South 280)3 '24" West, along the com mon boundary of said Lots 18 and 19, a distance of 15.00 feet, for the east :.~orner of this easement; Thence, North 6]026'36" West, with the southwest boundary of this easement, parallel with the centerline of said Yorktown Boulevard and 65.00 feet distant there from. measured at right angles thereto, a distance of 659.85 feet (plat 660.00 feet) to the aforementioned common boundary of said 20.00 acre tract out of Lot 18, Section 51 and said 20.00 acre tract out of Lot 17. Section <; I, fllr the west corner of this casement: Thence, North 28033 '24" East, with said common boundary, same being the northwest boundary said 20.00 acre tract out of said Lot 18, Section 38 and the northwest boundary of this easement, 15.00 feet to the Point of Beginning and containing 9,897 75 square feet of land. Bearings based on GPS bearmgs, NAD83, Texas South Zone. National Geodetic Survey monuments "SR~070" (North coordinate ~ 17,123,255.1563 East coordinate 1.358.946..5964) and "SS-IOO" (North coordinate = 17,127,465.3284 East coordinate = 1,338,023.3238) were used as control points for establishing basis of bearing. Coordinates shown are based on J exas State Plane Coordinate System, South Zone (NAD83). URBAN ENGINEERING Ju~~td~ License No. 4909 \.ENG2[)ata\Surveying\.m6l1A205\PHASE.S-FN.EXHJ.!l~'@~;llI~lJ~ _ CORPUS CHRISTI, TEXAS 78404 'T)oilP)urboneng(~om Page I of I !!l0:E-~ '~NaJ >"T1~."" ~O~ r,:ll1'.", ;.:; i: ~ ~ _ ~~C."Vl:r z r;:z"'~~~~fh z"tl!J'.,.CS::lIII tTJ. ;::;!"~Olii Oo~'f:t;2~r"1 ~88~!~ ~ S2~~~ ~z ~z;U ~lgC"l ;;!>~80~~Jl ~ Gl~l6li:::o aJ ;;jVl-OI"'Vl~ i:~~~8~~z . ~o ;~~91 :,g~""ZUli: ~"'!a1:~e~~ N ~~~ 0 ~~I::- ~86i~8~ ~ r"1 ~(.o~ ~~~~2~ur ~ El ~~ ~ I b :,g '-'~tii ';;!~~ l! - ~ ::0 ~ ~ .... .... '() UI II; oS (' ~fTl C -c; ~0'Z (.0 ,. " (;~0D ! ;~-z I ," ~ -"~fTl m il~~~ ~ '" "';cC) i" ,,-=-__ I 2! ~; ~~ r ,~ l~ ~ UI s ~ o .... 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Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 "TInt::t~o-*,t::t 1Il~"" .....ro Cl III .........."Or:I '" ~n....roD.l *' ......!irTIr:l ~ ~-<......cna:;'~: ro ""n'n--~ ISJ 8~!!~~U1..os :x:sg:;t~ UI ~ a~ s J:) "'~ (I'l o!i!S "" .....3:: IJI S III ....