Loading...
HomeMy WebLinkAboutC2005-716 - 12/13/2005 - Approved DFPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Contract for Real Estate Exchange fHE ST A fE OF TEXAS s ~ KNOW ALL BY THESE PRESENTS COUNTY OF NUECES * rhis Contract is entered into by the City of Corpus Christi, a Texas home rule municipal corporation, 1201 Leopard, Corpus Christi, Nueces County, Texas 78469-9277 (Seller) and Southside Ventures, LP, a Texas Limited Partnership, 5749 La Costa, Corpus Christi, Texas 78414. (Buyer) Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the following described property situated in Nueces County, Texas: The tract of land is described by metes and bounds on the attached and incorporated Exhibit A (Tract A) in exchange for Buyer conveying to Seller a Right of Way Easement described in metes and bounds on the attached and incorporated Exhibit B (Tract B) and two Utility Easements described by metes and bounds on the attached and incorporated Exhibit C (Tract C) and Exhibit D (Tract D). Consideration. In exchange for Tract A owned by Seller, Buyer will execute and convey to Seller Tracts B. C and D described above. The conveyance of Tract D from Buyer to Seller will be made subsequent to the conveyance of Tract A from Seller to Buyer. , .' Title Insurance. fbe Seller must provide to Buyer, at Seller's expense, a title insurance po licy that guarantees good and indefeasible title to Tract A, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims, A reliable title insurance company or title guaranty company (''Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the title company, with the title insurance policy to be timely issued after ('losing. 4 Special Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller at Seller's expense, must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title for the Property to Buyer, Seller will pay one-half of the escrow fee, recording fee for the Special Warranty Deed, Tax Certificate fee and ,)ther incidental fees in connection with the closing. 2005-7]6 12/13/05 Ord026568 Jr real estate exchange.doc Souths ide Ventures 5, Taxes. All current taxes tor Tract A if any_ will be prorated between the Buyer and the Seller for 2006 to date of Closing. The proration is only an estimate and the Buyer will be responsible for an) shortage when the taxes come due for 2006. 6. Performance. When the Title Company possesses the executed deed and easements and any other necessary paperwork, the Title Company will close the transaction in accordance with its customary procedure. J f Buyer fails to close on this Contract as set out herein, for any reason other than title defects. Seller may seek to enforce this Contract by an action of specific performance. If Seller fails to tender the executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. i Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any 8 Time for Performance. This transaction will be closed through the Title Company on or before 30 days from the date ofthis Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed. Buyer's execution of this Contract means that Buyer has read and understands that this Contract is not binding on Seller until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas, or his designee. Buyer must execute this Contract within 10 days from the date of Seller's execution of this Contract or this Contract is void. 9 Sunrives Closing. This Contract survives Closing of the sale ofthe Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Essential. Time is of the essence in closing this transaction. i I. Contingency. This Contract is contingent on Buyer acquiring subject property from Nueces Real Estate Partnership, LP. Executed in triplicate, any of which constitutes an original. Seller CITY OF CORPUS CHRISTI, TEXAS ~f~ l: 'e R Escobar. P. E., Director Department of Engineering Services HIHOME\lOHNO\GEN\ContractslComract for real estate exchange.doc L\PPROVED AS TO LEGAL FORM THIS ____~ L_ DAY OF 2006. '\.. Ie........ __ _ ?f FOR THE CITY ATTORNEY ~.loseph Harb~~itY Attorney City Legal Department IHE STATE OF TEXAS ~ COUNTY OF NUECES ~ rhis instrument was acknowledged before me on 2006 by . Angel R. Escobar, P. E.. Director, Depart Corpus Christi, a Texas municipal corporation, on be /'/ -' ~r'- . ~3 i~~~:~ EUSEBIO GARZA, III t~~r) MY COMMISSION EXPIRES ~.~~ Febrully 14, 2009 1'7'IY(n~ orJo Uo5(P~ + o rd 02 fo~~'j AU'IMUl<ILi-. ; rMAaL."::7"-vll3/ bS frc- ~f.oo>>;er 1'-/ [ Seal] Buyer Southside Ventures, LP a Texas Limited Partnership By: PDG Ma.nageme.l1t, Lf'....rtexas Limited Liability Company, Its General i>~ner '; (' . ! ; I ,: ; /../ -i I [, i. \.-. BY' P ri~k"r-L Nolan, Member ;:'-.- ~~./ BY~ballero, Member H:\HOME\JOHNO\GEN\Contracts\Contract for real estate exchange.doc rHE STATE OF TEXAS ~ COUNTY OF NLJECES ~ fhis instrument was acknowledged before me on . i (( /i L ( (l ( . 1 ". / ~:' ,2006, by Patrick H. Nolan, Member ofPDG Management, LLC, a Texas timited Liability Company, in its capacity as General Partner on behalf ofSouthsi51e Ventures, LP, a Texas Limited Partnership. /, /~(AL Notary Public in and for the State of Texas [Seal] .------a -...-----.. . -..- ",:f.~"'IJ't L,,," G [.;aos f(;"..t...~ M~ COn1lI1iSSior.' Expires ~.,~~ "-.' )3 2006 ~_....~. ,-",lon~, " Of _. ..;="'''- THE STATE OF TEXAS ~ COUNTY OF NLJECES ~ This instrument was acknowledged before me on (~~ '\ >.i}.C'-J ~ J / ;).. ,2006, by Dan Caballero, Member ofPDG Management, LLC, a exas Limite Liability Company, in its capacity as General Partner on behalfofSouthside Ventures, LP, a Texas Limited Partnership. [Seal] """Of,, lf~1II'\~\ i*- .*- .~ .~g ~~~',wf.~"~ r, GRACIE G. GCMZALEz MY COMMISSION EXPIRES November 19, 2009 H:\HOME'JOHNO\GEN\Contracts\Comract tor real estate exchange. doc DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division (Exhibit A to Contract for Real Estate Exchange) Tract A 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. Special Warranty Deed fHE STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ That the CITY OF CORPUS CHRISTI, of 1201 Leopard St., Corpus Christi, Texas, 78469-9277, County ofNueces, State of Texas, hereinafter called Grantor, for and in consideration ofthe sum of One Dollar and no cents ($1.00) to us in hand paid by Southside Ventures, LP, a Texas Limited Partnership hereinafter called Grantee, of5749 La Costa, Nueces County, Corpus Christi, Texas, 78414 the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said all that certain tract or parcel ofland lying and being situated in the County ofNueces, State ofT exas, more particularly described as follows to-wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exlnbit "A". This conveyance is made and accepted subject to any and all valid and effective encumbrances of record. other than any mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights-of-way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations to conveyance and the exceptions to conveyance and warranty H:\HOMF\lOHNO\GEN\ContTactslSpecial Warranty Deed Advantage Prop. Tract Adoc Grantor CITY OF CORPUS CHRISTI, TEXAS George K. Noe, City Manager APPROVED AS TO LEGAL FORM THIS 2006. DAY OF FOR THE CITY ATTORNEY Joseph Harney, Assistant City Attorney City Legal Department THE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on , 2006 by George K. Noe as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [SEAL ] Grantee Southside Ventures, LP a Texas Limited Partnership By: PDG Management, LLC, a Texas Limited Liability Company, Its General Partner By Patrick H. Nolan, Member By' Dan Caballero, Member rRE STATE OF TEXAS ~ COUNTY OF NUECES ~ rhis instrument was acknowledged before me on ,2006, by Patrick H. Nolan, Member ofPDG Management, LLC, a Texas Limited Liability Company, in its capacity as General Partner on behalf of Souths ide Ventures, LP, a Texas Limited Partnership. [Seal] Notary Public in and for the State of Texas THE STATE OF TEXAS ~ COUNT'{ OF NUECES ~ This instrument was acknowledged before me on ___ ,2006, by Dan Caballero, Member ofPDG Management, LLC, a Texas Limited Liability Company, in its capacity as General Partner on behalf of Southside Ventures, LP, a Texas Limited Partnership. [SealJ Notary Public in and for the State of Texas SPECIAL WARRANTY DEED TRACT A A FIELDNOTE DESCRIPTION FOR 0.0561 ACRE OF LAND THE STATE OF TEXAS ~ COUNTY OF NUECES ~ BEINCi 00561 acre (2445 square feet) of land out of Tract 10, Oso Farm Tracts, a map of which IS recorded in Volume A, Page 49 of the Map and Plat records of Nueces County, Texas, same being a portion of that certain 92 foot wide drainage right-of-way conveyed to the City of Corpus Christi. Texas bv Instrument Recorded in Volume 1064, Page 479 of the Deed Records of ~ueces County, Texas, said 0.0561 acre ofland being more fully described by metes and bounds as follows All bearings based on the Texas Place Coordinate System, South Zone, 1927 datum) COMMENCING at an eXisting iron rod in the northwest right-or-way line of Everhart Road at the intersection of the said Everhart Road right-of-way and the northeast line of a tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 14] of the Deed Records of Nueces Comity, Texas, said Paul Snyder et ux tract also being a portion ufthe Frances Snyder Trust tract as recorded in Instrument No. 803565 in the Official Public Records of Nueces County, Texas, said iron rod also being an exterior ,:orner of the said 92 foot wide drainage right-of-way to the City of Corpus Christi, Texas, IHENCE N. 56c 04' 51" W., a distance of 10.03 feet along the common line of the said Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way, same being the ,,:ommon Ime between Lot I, Block 11 of the Bohemian Colony Lands as recorded in Volume A, Page 48 01 the Map and Plat Records of Nueces County, Texas and the said Tract 10, Oso Farms [racts to a 5/8 inch iron rod set for the PLACE OF BEGINNING, and most Southern comer of he herem described tract: [HENCE, N. 560 04' 5 I" W., a distance of 55.68 feet along the common line of the said Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way, same being the ,-'ommon line between the said Lot 1, Block 11, Bohemian Colony Lands and the said Tract 10, t )so Farm tracts to a 5/8 inch iron rod set for the northwest comer of the herein described tract; iHENCE, m a northeasterl}' direction along a curve to the left having a radius of 220.00 feet, an .l/'c distance of 173.53 feet (chord bearing and distance: N. 510 31' 37" E., 169.07 feet) to a 5/8 JI1ch iron rod set in the northwest right-of-way line of Everhart Road, same being the southeast me of the said 92 foot wlde drainage right-of-way, said iron rod also being the most eastern ,orner ol"the herein described tract: lHENCE, S. 280 44' 57" W., a distance of 18.39 feet along the northwest right-of-way line of L verhart Road, same being the southeast line of the said 92 foot wide drainage right-of-way to a '8 inch iron rod set for a comer of the herein described tract; IHENCE, S. 340 29' 15" \V., a distance of 100.03 feet to a 5/8 inch iron rod set for a comer of the herein described tract; [HENCE, S. 280 44' 57" W.. a distance of 42.98 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.0561 acre (2445 square feet) ofland. (The tops of all "8 inch iron rods set were capped with orange plastic surveyor's caps stamped, "Balusek- Frankson and Assoc.. Inc., Victoria. Texas" ) a,~ ~oW" A. C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 - DATED: November 23, 2005 EXHIBIT "A" )"1 I OIO.0561acreslfn(cf) DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division (Exhibit B to Contract for Real Estate Exchange) Tract B 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. Right-of-Way Easement THE STATE OF TEXAS S KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ fHAT Southside Ventures, LP. a Texas Limited Partnership of 5749 La Costa, Corpus Christi, Nueces County, Texas 78414 called Grantor in consideration of One Dollar and no cents ($1.00) to it paid by the City of Corpus Christi, a Texas Home Rule municipal corporation, called Grantee of 1201 Leopard Street, Corpus Christi, Nueces County. Texas 78469-9277 the receipt of which is hereby acknowledged, have conveyed. and do convey to the City of Corpus Christi, a Texas Home Rule municipal corporation. its successors and legal representatives, the free and uninterrupted use, liberty. privilege, and easement of going in. on, over. under and along a certain tract ofland situated m Nueces County. Texas and being described as follows: See the metes and bounds property description attached and incorporated as "Exhibit A" (Premises) Together with the free ingress. egress and regress to and for the City of Corpus Christi, Texas, and its assigns. to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and 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. along and upon said Premises, as well as to lay, operate, inspect. replace, repair. service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over. under and along said Premises. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi. Texas, its successors, legal representatives. assigns and the public, for the proper use as public streets. utility easements and temporary construction easement for so long as used for such purposes, and if the use for said easements and rights of way is ever abandoned. then the aforesaid rights and privileges cease. H\HOMFVOHNO\GEN\Contracts\Ro"-ease Advantage Prop rract Bdoc Grantor Southside Veotures, LP a Texas Limited Partnership By: PDeT Management, LLC, a Texas Limited Liability Company, I ts General Partner By Patrick H. Nolan. Member By Dan Caballero, Member rHE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on _ ,2006, by Patrick H. Nolan, Member ofPDG Management, LLC. a Texas Limited Liability Company, in its capacity as General Partner on behalf of Souths ide Ventures, LP, a Texas Limited Partnership. [Seall Notary Public in and for the State of Texas THE ST ATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on ,2006, by Dan Caballero, Member ofPDG Management, LLC. a Texas Limited Liability Company, in its capacity as General Partner on behalf of Souths ide Ventures, LP, a Texas Limited Partnership. [Seal I Notary Public in and for the State of Texas ACCEPTED for the City of Corpus Christi. a municipal corporation and body politic under thelaws of the State of Texas, on H_~___' 200_. Grantee CITY OF CORPUS CHRISTL TEXAS P. O. Box 9277 City HalL 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 "Angel R. Escobar, P.E., Director Department of the Engineering Services APPROVED AS TO LEGAL FORM. THIS 200 DA Y OF FOR THE CITY ATTORNEY Joseph Harney, Assistant City Attorney [HE STATE OF TEXAS 9 COUNTY OF NUECES ~ This instrument was acknowledged before me on , 200_. by "Angel R. Escobar, P. E. as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [ Seal] RIGHT OF WAY EASEMENT TRACT B A FIELDNOTE DESCRIPTION FOR 0.0668 ACRE OF LAND THE STATE OF TEXAS * COUNTY OF NUECES * BEING 0.0668 acre (2912 square feet) of land situated in Lot 1, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records ofNueces County, Texas. same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed March 1,1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, same being a portion of the Frances Snyder Trust Tract as record in Instrument No. 803565 in the Official Public Records ofNueces Counh. Texas, said 0.0668 acre of land being more fully described by metes and bounds as 1;)]]. '\,/S BEGINNING at an eXIsting iron rod set at the intersection of the northeast line of the Paul Snyder, et ux, tract of land and the northwest right-of-way line of Everhart Road as \videned by right-of-way easement to the City of Corpus Christi dated June 27, 1983 and recorded in Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, said iron rod also being an exterior comer of a 92 foot wide drainage right-of-way described in an instrument recorded in Volume 1064, Page 479 of the Deed Records of Nueces Count;. Texas, said iron rod also being the most eastern comer of the herein described tract THENc'E, S. 28044' 5'7" W., a distance of 290.91 feet along the existing northwest right- of-way line of Everhart Road to a 5/8 inch iron rod set for the most southern comer of the herein described tract; THENCE, N. 61 c ] 5' U3" W., a distance of 10.00 feet to a 5/8 inch iron rod set for the most western comer of the herein described tract; THENCE, N. 280 44' 57" E, a distance of 291.81 feet to a 5/8 inch iron rod set in the common line between the Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way, -;aid iron rod also being the most northern comer of the herein described tract: THENCE, S. 560 04' 51" E, a distance of 10.03 feet along the common line between the Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way to the PLACE OF BEGINNING, containing within these metes and bounds 0.0668 (2912 square feet) acre of land. (The tops of all 5/8 inch iron rods set were capped with an orange plastic surveyor s cap stamped, "Balusek-Frankson and Assoc., Inc., Victoria, Texas". ' 1 here b) certify that the above tieldnote description is based on a survey made on the ground, l1l1der my supen ision, November 2005. and is true and correct to the best of my knowledge and belief a,c:;',~ A.C. FRA SON Registered Professional Land Surveyor Texas Registration No. 2239 DA TED: November 23, '::005 EXHIBIT "A" !)531O(Q0668Itn DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION (Exhibit C to Contract for Real Estate Exchange) Tract C 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 Utility Easement THE STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES ~ THAT Southside Ventures, LP a Texas Limited Partnership, (GRANTOR) of 5749 La Costa, Corpus Christi, Nueces County , Texas 78414 in consideration of One Dollar and no cents ($1.00) paid by the City of Corpus Christi, (GRANTEE) of 1201 Leopard Street, Nueces County, Texas 78469-9277, the receipt of which is hereby acknowledged, have conveyed, and do convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract ofland situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for the utility easement attached and incorporated as "Exhibit A". SPECIAL PROVISIONS: The City of Corpus Christi agrees to restore the land within the easement area to the same condition as existed prior to construction. fogether with 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 public utility lines under, on and along said easement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, and franchisees for the use as a UTILITY EASEMENT and right-of-way for so long as used for such purpose, and if the use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. H:\HOMEIJOHNO\GEN\Contracts\Ulility Easement Advantage Prop. Tract C doc Grantor Southside Ventures, LP a Texas Limited Partnership By: PDG Management, LLC a Texas Limited Liability Company, I ts General Partner By Patrick H. Nolan, Member By: Dan Caballero. Member THE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on 2006, by Patrick H. Nolan, Member ofPDG Management, LLC, a Texas Limited Liability Company, in its capacity as General Partner on behalf of Southside Ventures, LP, a Texas Limited Partnership. [Seal] Notary Public in and for the State of Texas THE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on 2006, by Dan Caballero, Member ofPDG Management, LLC, a Texas Limited Liability Company, in its capacity as General Partner on behalfofSouthside Ventures, LP, a Texas Limited Partnership. [Seal] Notary Public in and for the State of Texas ACCEPTED for the City of Corpus Christi. a municipal corporation and body politic under the laws of the State of Texas on __________ ____________ _. 200_, Grantee CITY OF CORPUS CHRlSTI, TEXAS P. 0, Box 9277 City Hajj, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 'Angel R. Escobar, P.E., Director Department of Engineering Services THE STATE OF TEXAS S COUNTY OF NUECES ~ This instrument was acknowledged before me on , 200_ by . Angel R. Escobar, P. E. as Director for Engineering Services for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas ( Seal) APPROVED AS TO LEGAL FORM THIS ON ,200_. for the CITY ATTORNEY Joseph Harney, Assistant City Attorney City Legal Department UTILITY EASEMENT TRACT C A FIELDNOTE DESCRIPTION FOR 0.287 ACRE OF LAND THE ST A TE OF TEXAS ~ COUNTY OF NUECES ~ BEING 0.287 acre (12,531 square feet) ofland situated in Lot 1, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed March L 1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, same being a portion of the Frances Snyder Trust tract as recorded as Instrument No. 803565 in the Official Records ofNueces County, Texas, said 0.287 acre ofland being more full) described by metes and bounds as follows: COMMENCING at an existing iron rod at the intersection of the northwest line of the Paul Snyder. et ux tract of land and the northwest right-of-way lirle of Everhart Road as widened by nght-of-way easement to the City of Corpus Christi dated June 27, 1983 and recorded in Volume [877, Page 412 of the Deed Records of Nueces County, Texas, said iron rod also being a corner of a 9.::' foot wide drainage right-of-way described in an instrument recorded in Volume 1064, Page 479 of the Deed Records ofNueces County, Texas, THENCE, N. 56004' 51" W., a distance \)f 5.2.82 feet along the common line of the said Paul Snyder et ux tract of land and the said 92 !()ot wide drainage right-or-way to a 5/8 inch iron rod set for the PLACE OF BEGINNING. (All bearings based on the Texas Plane Coordinate System, South Zone, 1927 datum.) fHENCE, in a northwesterly direction along a curve to the right having a radius of 230.0 feet, an arc distance of 208.23 feet (chord bearing and distance N. 820 01' 18" W., 201.19 feet), to a 5/8 Inch iron rod set at the POINT OF TANGENCY of said curve; [HENCE, N. 56c 04' 51" W., a distance of 1051.86 feet to a 5/8 inch iron rod set in the southeast right-of-way line of Sanders Drive (60 foot in width), said iron rod also being the most western comer of the herein described tract: rHENCE, N. 280 07' 56" E., a distance of 10.06 feet along the southeast right-of-way line of Sanders Drive to a 5/8 inch iron rod set for the most northern comer of the herein described tract; rHENCE, S. 560 04' 51" E., a distance of 1 052.87 feet to a 5/8 inch iron rod set at the POINT ( ) F CUR V A TURE of a curve to the left: fHENCE, in a southeasterly direction along the said curve to the left having a radius of 220.00 feet an arc distance of 191.22 feet (chord bearing and distance S. 80058' 52" E., 185.26 feet) to a .;; /8 inch iron rod set in the common line between the said Paul Snyder et ux tract of land and the ~aid 92 foot wide drainage right-of-way, said iron rod also being a corner of the herein described tract: rHENCE, S. 56004' 51" E., a distance of 12.89 feet along the common line between the said Paul Snyder et ux tract of land and the said 92 foot wide drainage right-of-way to the PLACE OF BEGlli'NING, Containing within these metes and bounds 0.287 acre (12,531 square feet) ofland. fhe tops of all 5/8 inch iron rods set were capped with an orange plastic surveyor's cap stamped, Balusek-Frankson and Assoc., Inc., Victoria, Texas".) 1 hereby certity that the above fieldnote description is based on a survey made on the ground, under mv su . November 2005. and is true and correct to the best of my knowledge and .. 01= ' belief. ~ ~.u...l:S' J- "l"?~t.G\STE"Ri9_ '0/ ~ * () '.[tf) . . . . -. ....... -- -.... ....-.~.. A. C. FRANKSON ..-------------.-------..-- . . ~. ~ 2239 ~v&- ; lI,.,;,~.<?fEss\Q}fuO ZJ ~Ul=l\J~ . DA TED: Nove r 23. 2005 cz.'C~~dI____ A.c. FRA. SON Registered Professional Land Surveyor Texas Registration No. 2239 EXHIBIT "A" II', i O(0.287acres)!n DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQillSlTTON DIVISION (Exhibit D to Contract for Real Estate Exchange) Tract D 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 Utility Easement THE STATE OF TEXAS ~ KNOW ALL BY THESE PRESENTS: COUNT\ OF NUECES ~ THAT Southside Ventures LP. a Texas Limited Partnership (GRANTOR) of 5749 La Costa, Corpus Christi, Nueces County. Texas 78414 in consideration of One Dollar and no cents ($1.00) paid by the City of Corpus Christi. (GRANTEE) of1201 Leopard Street, Nueces County, Texas 78469-9277, the receipt of which is hereby acknowledged, have conveyed, and do convey to the City of Corpus Christi. a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County. Texas and being described as tollows: See the metes and bounds property description for the utility easement attached and incorporated as "Exhibit A". SPECIAL PROVISIONS: The City of Corpus Christi agrees to restore the land within the easement area to the same condition as existed prior to construction. Together with 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 public utility lines under. on and along said easement. fO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas. its successors. legal representatives, and franchisees for the use as a UTILITY EASEMENT and right-of-way for so long as used for such purpose, and if the use of said easement and right 0 f way is ever abandoned, then the aforesaid rights and privileges cease. H:\HOME\l1 )HNO\GEN\Contracts\Lnlity Easement Advantage Prop Tract D doc Grantor Southside Ventures, LP a Texas Limited Partnership By: PDG Management. LLC, a Texas Limited Liability Company, I ts General Partner By' Patrick H. Nolan, Member By' Dan Caballero, Member THE STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on 2006, by Patrick H. Nolan, Member ofPDG Management, LLC, a Texas Limited Liability Company. in its capacity as General Partner on behalf of Southside Ventures, LP, a Texas Limited Partnership. [Seall Notary Public in and for the State of Texas THE ST ATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on 2006, by Dan Caballero, Member ofPDG Management, LLC, a Texas Limited Liability Company, in its capacity as General Partner on behalf of Souths ide Ventures, LP, a Texas Limited Partnership. [Sealj Notary Public in and for the State of Texas L\CCEPTED for the City 0 fCorpus Christi, a municipal corporation and body politic under the laws of the Stale of Texas on . __~ ~__~~' 200 . Grantee CITY OF CORPUS CHRISTL TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 --..--- - . Angel R. Escobar, P.E., Director Department of Engineering Services THE ST ATE OF TEXA~ COUNTY OF NUH~ES s s S 'i This instrument was acknowledged before me on ~_ ' 200_ by . Angel R. Escobar, P. E. as Director for Engineering Services for the City of Corpus Christi, a Texas municipal corporation. on behalf of said corporation. Notary Public in and for the State of Texas (Seal) APPROVED AS TO LEGAL FORM THIS ON ,200_. for the CITY ATTORNEY Joseph Harney, Assistant City Attorney City Legal Department UTILITY EASEMENT TRACT D A FIELDNOTE DESCRIPTION FOR 0.0185 ACRE OF LAND THE STATE OF TEXAS ~ COUNTY OF NUECES ~ BEING 00185 acre (805 square feet) ofland out of Tract 10, Oso Farm Tracts, a map of which is recorded In Volume A, Page 49 of the Map and Plat Records of Nueces County, Texas, same being a portion of that certain 92 foot wide drainage right-of-way conveyed to the City of Corpus Christl. 1 exas by Instrument Recorded in Volume 1064, Page 479 of the Deed Records of \Jueces C\lUllty, Texas, satd 0.LH85 acre of land being more fully described by metes and bounds as follows All bearings based on the Texas Plane Coordinate System, South Zone, 1927 datum) C:OMMENCING at an eXIsting iron rod in the northwest right-of-way line of Everhart Road at the intersection of the said Everhart Road right-of-way and the northeast line of a tract of land ,:onveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page ] 4] of the Deed Records of Nueces County, Texas, said Paul Snyder et ux rract also being a portion of the Frances Snyder Trust tract as recorded in Instrument No. 803565 !!1 the Official Public Records of Nueces County, Texas, said iron rod also being an exterior -:orner uf the said 92 foot wide drainage right-of-way to the City of Corpus Christi, Texas, THENCE. N. 560 04' 51" W., a distance of 52.82 feet along the common line of the said Paul ";nyder \:'t ux tract of land and the said 92 foot wide drainage right-of-way, same being the ,ammon line between Lot], Block 11 of the Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map and Plat Records of Nueces County, Texas and the said Tract 10, Oso Farm Tracts t" a ..;; '8 inch iron rod set for the PLACE OF BEGINNING, of the herein described tract; IRENeE, \J. 56c 04' 51" W.. a distance of 12.89 feet along the common line of the said Paul "nyder et ux tract of land and the said 92 foot wide drainage right-of-way, same being the ..:ommon line between the said Lot I, Block 11, Bohemian Colony Lands and the said Tract 10, I iso Farm tracts to a 5/8 inch iron rod set for the western comer of the herein described tract; I HENCE;, In a northeasterly direction along a curve to the left having a radius of 220.00 feet, an clre distance of 66.35 feet (chord bearing and distance: N. 65028' 21" E., 66.09 feet) to a 5/8 inch mn rod set for a comer of the herein described tract JHENCE, S 610 ] 5' 03" E. a distance of] 7.44 feet to a 5/8 inch iron rod set for a comer of the herein described tract: II-IENCE, S 340 29' IS" W . a distance of ] 5.09 feet to a 5/8 inch iron rod set for a comer of the herein descri bed tract: THENCE. N 610 15' 03" W , a distance of 12.96 feet to a 5/8 inch iron rod set for a comer of the herein described tract: THENCE. in a southwesterly direction along a curve to the right having a radius of 230.00 feet, an arc distance of 49.19 feet (chord bearing and distance: S. 650 54' 55" W., 49.10 feet) to the PLACE OF BEGINNING, containing within these metes and bounds 0.0185 acre (805 square feet) of land (The tops of all 5/8 inch iron rods set were capped with orange plastic surveyor's caps stamped. "Balusek-Frankson and Assoc., Inc., Victoria, Texas".) a,~~_ A.c. FRA SON Registered Professional Land Surveyor Texas Registration No. 2239 EXHIBIT "A" 05.; UIO.OI85)fn