The URL can be used to link to this page

Home My WebLink AboutC2007-136 - 5/8/2007 - NA~oc# ~007~~41~5 DEPARTMENT OF ENGINEERING SERVtCES PROPERTY AND LAND ACQITISITION DIVISION Master Channtl 27 (#2263), Pacel 13 lrE. Tem~orary Construction EASea,ent THE STATE OF TEXAS C'OU~3TY OF NUECES KNOW ALL BY THESE PRESENTS: THAT, B~OOKE TRACT, LP, a Texas Limited Partnership, hereinafter referred to as "GI~-NT~t", of Sb10 Ocean Drive, Corpus Christi, Nueces County, Texas ~8412, for and in cons~deratic~ of ~NE DOLLAR {$1.00), the receipt and sufficiency of which is hereby ackn~wIedg~d to Grantor, in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule munici~al corporation, its successars and legal representatives, hereinafter referred to as "GR~iNTEE", of 1201 Leopard Street, Nueces County, Texas 78401, a TEMPORARY ('OT~TRUCTION EASF_.MENT for the free and uninterrupted use, liberty, privilege, and ease~nent af g~g in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being more particularly described as follows: The tract of btnd is described by metes ~nd bo~nds on the ntt~ched anr incorporated Eghibit A and s6own by crosshstchin= on the attached and incorporated Eahibit B. (Premises). The Tempc~rary Constructivn Easement is to be used solely for purposes necessary and related to the c~tnstruetion of drainage improvements, including a construction staging azea for the storage of mate~ials a~ti machinery ~.tsed during the construction phase. Grantee's right to the use of the Temporary Construction Easemen~hal l commence upon the recording date of the easement and shall automatically terminate on~ _~_~ L~. i SPECIAL PROVISIONS - The City af Corpus Christi agrees to: Restore the Temporary Construction Easement to its original condition upon Grantee's completion of the project. Coordinate with Grantor to access the Temporary Access Easement for Grantor's subdivisian construction and for installation of Grantor's drainage outfall. ~. T'o the extent allowed by Texas Law, Grantee (City of Corpus Christi) agrees to fully indemnify, save and hold hannless the Gra.ntor ~"~ndemnit~"} agamst all liability, damage, loss, claims, demands, and ~~~~ ~°~~-~ ~' ~ny nature whatsoever on account of personal injuries 2007-136 5/8/0? ~ Brooke "1 r°~c~~ _. .,~ _.-.~ .y~ . ~.e_ .,,~,, _,,_a.~„~,,.... _ _ _ ,~~ .: .. . y ... _ .. _.~..._ ~._~.,. . ~ _. ~.......,.,.... .~ ..... ..-.. _ ~.. _.,+... (including, without limitation on the foregoing workers' compensation and death claims), or property loss or damage of any kind whatsoever, which anse out of the use of the property described above for the construction, installation, operation, use, maintenance, repair, restoration, or removal of improvements pursuant to this Temporary Cc~nstruction Easement TO ~IAVE AND HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the Cityof Corpus Christi, Texas, its successors and legal representatives for the use as a TEMPORARY COt~STRUCTION EASEMENT and right-of-way for so long as used for such purposes, and whea the use of said easement terminates on -~' ~ ``_ ~'~ ~=~; then the aforesaid rights and pnvileges shall cease. T Graator Brooke Tract, LP a Texas Limited Parinership ;~--r ~ --~` /~ / ..__... . [. G t.,t' ! ~ ` ~ ~ X~...! ' A t~on J~~ o, Vice President MSK REAL ESTtKTE CORP., a Delawate Corp. a General Partner of BROOKE TRACT, LP, a Texas Limited Partnership THE STATE OF TEXAS COI~NTY OF NUECES `This ~nstrument was acknowledged before me on '~ a~ee~' by ~ton J. Scavo, as Vice President ofMSK REAL ESTATE CORP. Delaware Corporation, a Gensral P~tner ofBROOKE TRACT, LP, a Texas Limited Partnership. Notary Public in and fo~jthe St~R~ of Texas _'" ~'~ : c~ac~ G. oorrzaFz tSea1) ="~ "': MYCOMhNS3tONEXpIRES , Novamber 18, 2009 2 _ ,,- .~,,.a .„, .,~,, ~,. _ ~ ,..~ ~ rv __.. ._ .. , . _....... ~,.~.~,~.., . .,,.,__...~,....,...~ ..,.. .,~ ._........~- ..Y.._.. ._.,,,, ACC~PTED for the City of Corpus Christi, a municipa] corporation and body poliric under the laws af the State of Texas on /~J,p.Y ~? __, , 2pp7, . ____ --- ~ - GRANTEE C1TY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 Ciry Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY ,4ND LAND ACQUISTTION DIVISION Corpus Christi, Texas 78469-9277 ~ ~ Gs~~a'" `Angel R. Escobaz, P.E., l)irect r, I)epartment of Engineering Services THE STATE OF TEXAS $ CQI.INTY OF NLJECES § This ~nstru~~nt was acknowledged before me on ___~~L1~L B , 2007 by `An~Iel R Escobaz as Director of Engineering Services of e City of Corpus Christi, a Texas muniicipal corporation, on behalf of said corporation. ic in and for the St~at~ of Texas (Sea!) ~~~; Mrc~~; E~Xp~RES APPROVED AS TO LEGAL FORM THIS ON ~~}~I, ~~~c , 2007. FOR THE CITY ATTORNEY ~ ,~~ V~Yi~~ ,.-. T Veronica Ocafias, Assistant City Attomey CITY LEGAL DEPARTMENT Fi'~Ii~IwlE•EUSE$tOG~GEN\PRUIECTFOI.DERSU~EasterChannel2TParcels i3, i3AAltaiScavolTemporaryConstructionF.asementParcell3.doc 3 ..,~,,. _...~ .~. , ._~ .,,~,, q ~..,~.a, . . .,,.. T:._. ~...~ ._~.~_.~..~.._~,._.~ .,.,. m ._.....,~ _.~.... ---..,r ~ iosim Psgc 1 of 2 Revised: 2l12/07 ~1'ATE OF TEXAS COUNTY OF NUECES PARCEL 13 TEM~ORARY CONSTRUCTION EASEMENT ~ING A 1.43'9 AC (62,G62 S.F.) TRACT OF LAND OUT OF THAT CERT~IN 153.714 ACRE TItACT OF LAND DESCRIBED IN DOCUMENT # 2~06808362, OFFICIAL PUBLIC RECORDS OF NUECES COiJNTY, TEXAS, SAID 153.714 AC. TRAC'T ~ING OUT 4F LOTS 1~-19, AND 2&31, SECTION 26, FLOUR HI.UFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF ~VAICA IS RECORDED IN VOL "A", PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 1.439 ACRE TRACT BEIriG MORE PARTICULARLY DESCRIBED BY 11~ETES AND 80UNDS AS FOLLOWS: ~ (~DM1I~NCING at a S/8 inch iron rod, found (bent), being an the east right-of-way li~te of t~at certain 120 foot wide dedicated roadway known as Rodd Field Road, as t~scrib~d in Vol 272, Page 244, Deed Records of Nueces County, Texas, being a corner of said 153.714 acre tract; "i'~ENE:E, North 55°14'24" East (Recvrd = North 55°44'14" East), with said east ril~ht-of-way line of Rodd Field Road, a distance of 76.11 feet, to a point, at its i~tersed"pn with the south boundary line of that certain 7.236 acre tract of land c~rentl~}- being conveyed from Brooke Tract, L.P. to the City of Corpus Christi, but not y~et recc~rded; '~IENCE, South 61 °20' l Y' East, with said south, boundary line of the 7.236 acre tract, pll~'allet to the south right-of-way line of that certain 60 foot wide dedicated roadway k~own ~s Broaks Road, a distance of 2,13 l.09 fe~et, to the POINf OF BEGINNING, b!eing tl~e northwest corner of this 1.439 acre tract; 1~iENCE, South 61 °20' I S" East, continuing with said south boundary line of the 7.236 a~tte tract, parallel to said south right-of-way line of Brooks Road, a distance of 391.57 faet, to a point, for the rrortheast corner of this 1.439 acre tract; '~iEN~E, South 28°46'43" West, parallel to the west right-of-way line of that certain 3~ foot wide dedicated roadway known as County Road 7B, a distance of 250.00 feet, to a point, for the southeast corner of this 1.439 acre tract; E~y ~ BIT A 4 S:~UR!`EY DATAtr?52?-SIO~V',Vorkrng Data4Parce: 3.doc lnifials~~E ..., ,. __~ ,,,~.~, .,< ,,,..~... . W«. . ~ . ~ _ _ 4:.... ..,.,_..w.. ._ ,... _.v.,-...,... .,.~ ... _.~......,~- ...:.,.,.. .~._..wr ~ros~m Page 2 of 2 Revised: 2/22/ffl T$ENCE, North 06°57'40" East, a distance of 92.28 feet, to a point, for an interior cgrner af this 1.439 acre tract; T~ENCE, North 61 °24' 15" West, paraliel to said south right-of-way line of Brooks it~ad, a distance of 319.19 feet> to a point, for the southwest corner of this 1.439 acre ttact; T~IENCE, North 15 °43' Q2" East, a distance of 168.54 feet, to the POINT OF ~GINfitING of the herein described tract of land, said tract contains l.439 acres, more ar less, within these metes and bounds. ~arin~s are based an the Texas Coordinate System of 1983 (South Zone) and r~erem~od to the monumented east right-of-way line of Rodd Field Road. S~tbject tract described herein is proposed as a Temporary Construction Easement, no monu~tation set for corners. A~~ refe~+ences to c•ecord data (record =***) indicate information as cited in document #~Qa8362, Official Public Records of Nueces County, Texas. A survey plat of even date was prepared and is made a part of this metes and bounds ~scription. A+~averic~c Engineering, Inc. ;. ~ ~ ~~~~"`~~"- 23 Fr~o ~ - ~. ~'-~+i~~ A. Escobar, R.P.L.S. 5630 ~-~~ February 22, 2a07 Revised Boundary Y ` ' :~,.. EXHIBIT A 5 S:~URVEY DATA10<27-510\V\Werking Data~Parce? ? 3.doc Ieitials Docl~ ~~07~24 f 05 ~Pages7 85/0912887 12:28PM Official Recorda of I~CfS (~li'Y DIANA T. BAR~RA C~ITY CLERK Fees f39.~ City of Corpus Christi ~. O. BOX 9277 t~ep~rtment of Engineering Service P~ROP~RTY & LAND ACQUISITION DIV. Cor~us Christi, Texas 78469-9277 5TATE OF TEXAS t~UVTY f1F 1~1E1~5 I hereby certify that this instrurent Mas FIiED in file nu~ber sequence on the date and at the ti~e sta~ped herein by ~e, and Mas duly RQARDED in the ~fficial Public Recards of Nueces County, Texas ''"~''~ ~ ~~. _,~~~ ~,~~~~.~..'~ ~ ~ ~ .a.. Diana T, Barrera MJECES (~LN~I'Y, TE%AS Any provision herein Mhich restrict5 the Sale, R entai or use af the described i~AL PROPERTY because af Race, Colorl Reiigion, Sex, Nandicap, Fa~ilial Status, or Nat ional Origin is invalid and unenforreable under FEUERAL LAW, 3/12!89, ~ µ . _ _,,,. _ ~- ¢ _ , _ .P.. .~ _ w _ _._ ~ ~. ~_ _...~,,