HomeMy WebLinkAboutC2005-713 - 12/21/2005 - NA
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TRACT 521
Right of Way and Utility Easement
i::.0050S6IZlE,1
3T ATE OF TEXAS
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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
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, 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 --;-.
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THE STATE OF _~0~
COUNTY OF N v t.C -to
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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
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otary Public,
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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.
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EUSEBIO GAffZA III
MY COMMISSION EXPIRES
Fabmary 14, 2009
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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.
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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
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. . tricts ttle Sale. Renttl or use
A.ny proVIsion herem Whl~~~R1'Y bGCause 01 Ri\ce. Color.
of tM cle9cnl)e(l ~E.AL P IIaI Stalus Ot Natlonal Origin. Is
Religion, Sex. Handicap, Fami FEDERAl. LAW. 3/12189
Invalkl ana unenfOfcel1)ll! IInder
STATE OF TEXAS
COUNTY Or: NUECeS
1 nefOby certity that thi! instrument was FILED in File Number
S~nce on tile date 800 at tl'Ie time stamped herein by me, and
wae duty RECORDED. in ~ Official PullIic Recon1s 01
Nuas County, Texas
e~~~
. JI{, ~1YCl.ERk
~toUNTl: TEXAS
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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