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Home My WebLink AboutC2007-370 - 10/19/2007 - NA+ ~ , r r + i R i ~ ~ + ~ ~ 7 ~ 1 *~ ' D~~# ~~~~~~~1~~ DEPA-I~TNiENT OF EN~tN~~RZN~ sEI~~ICE PI~OPERT~ AND I1AND A~~r~YTI~N DIVISION Sidewalk and Landscaping Easement THE STATE OF TEXAS § COUNTY OF NUECES § KN~w ALL BY THEE PREENT: That the Port o~ corpus Christi Authority of Nueces bounty, ~'exas, located at Z2~ Power Sheet, Corpus Christi, Nueces bounty, Texas 78401 hereinaer called ~~rantar} for and in consideration of the sum of one Dollar ~$1.0~} and other valuable canslderation, including the perpetual maintenance of the sub j eat Premises, to us In hand pall b~ the ~~ty of arpu~ h~isti ~rantee~, ~ X01 Leopard Street, Nueces County, Corpus Christi, Texas 784G9~~2~, the receipt of which is hereby acknowledged, subject to the "onditians" ar~d "l~eservatians" l~eretnafter set forkh, has granted and conveyed, and by these presents, does grant and convey unto the pity of Corpus Christi, a Texas borne yule municipal corporation, its successors, assigns, and legal representatives the free and uninterrupted use, liberty, privilege, and easement of passing in, an, Over, and along a certain tract o~ land situated in Nueces County, Texas far the purpose of constructing a sidewalk and for the installation of landscaping across said property awned by rantar as described to wit; fee the metes and bounds property description attached and incarparatcd as "'exhibit A-1 }', ~"Premises" or `Easement"} A neap showing the location of the Easement is attached and incorporated as "Exhibit A,2" A map showing the location of the IDEAL and LAND~APII~ within the EASEMENT is attached and incorporated as "Exhibit B". Together with the free ingress, egress, and regress to and far the City of Corpus Christi, Texas, its successors and assigns for the purpose of constructing a sidewalk upon said tract and right-of way way far public use and far landscaping purposes the "Project"}, Bald Sidewalk and landscaping to be provided, replaced repaired, and maintained by the grantee, "Conditions". This Sidewalk ar~d Landscaping Easement ~s subject to the following terms and Conditions; 1. grantee will; a, Remove all existing landscaping inside the Easement and all adjacent landscaping outside the Easement which is between the concrete paved parl~ing lot next to "Annex Building"} and the Easement grantee will replace all landscaping removed from Crrantor's lands lung outside the Easement pursuant to this X007-370 1019107 1 Port of CC Authority 9 provision with landscaping consistent with the landscaping installed within the boundaries of the Easen~ent~ b, Remove the existing landscaping within the Easement that lies directly in front of Grantor's adjacent building ~"Annex Building"~. c, Remove brick pavers bordering the entrance sidewalk in (rant of the Annex Building which lie outside of and adjacent to the Easement and install new landscaping in that area consistent with the landscaping to be installed within the boundaries of the Easement. d, Install new landscaping within Easement that matches the overall hareline Boulevard pro j ect. e. 1Vlaintain all landscaping within Easement. grantee shall not be responsible fox maintaining any landscaping lying outside the boundaries of the Easement, f. Retnave or disconnect that portion of ~xrantar's existing sprinkler system within the boundaries of the Easement; and modify grantor's remaining sprinkler system lying autszde the Easement for install a new sprinkler system} such that all portions of Grantor's landscaped lands lying outside the Easement and which are affected by Crrantee's activities will be adequately watered. g. Replace all of rrantor's landscaping located outside the boundaries of the Easement which are damaged or disturbed by Grantee. h, repair or replace all other property of grantor or Crrantar's guests, invitees, or employees which is damaged as a result of Grantee's activities upon rrantar's lauds, i. prior to any removal of any vegetation or landscaping materials authorized by this Easement, grantee will provide rantar with 3a days prior written native of its intent to remove vegetation andlor materials pursuant to the terms of this agreement Huring this 30 day period, Grantor will have the right, but not the obligation to remove, at its sole cost and expense, any and all vegetatian or other landscaping materials lying within the boundaries of the Easement or outside the boundaries of the Easement which are otherwise affected by this agreement. 2. favored rations: a. Grantee, by its signature hereto represents and warrants, that the monetary and nan~monetary consideration, paid to Orantar herein for this Easement and damages thereto, an a per acre basis is equal to ar exceeds that paid to another landowner, for a similar ~asen~ent and damages thereto, who awns property in corpus Christi, ~"exas along hareline Boulevard anywhere between the American Bank tenter and the Omni ll~arina Hotel. 22~129v3 2 b~ Further, it i understood and agreed that, if grantee hereafter purchases an ~asement~ in conjunction with the Project, from another landowner who owns property in corpus Christi, Texas along ~horeiine Boulevard anywhere between the American Bank enter and the gmni Marina Hotel and the monetary value of the consideration given to any such landowner an a per acre basis including damages is in excess of the total sum paid to grantor for this l~ase~nent and damages thereto, then it is agreed that grantor herein shall be entitled to a sum equal to the difference between the monetary value of the total consideration paid to grantor and the monetary value of the total consideration paid to any such landowner. This Most Favored rations clause is not applicable to any Easements}taken by the power of eminent domain. "Reservations". grantor specifically reserves and excepts from this conveyance; 1. The right to widen andlo~ relocate the existing driveway entrance onto Shoreline Boulevard to mother location within the same block of shoreline Boulevard, including the right to subsequently widen or relocate the driveway as modified pursuant to the terms hereof, ~. The right to n~airitairi the driveway entrance onto shoreline Boulevard as it exists or as modified pursuant to the terms of the preceding paragraph. . The right to build out to the building line as it existed immediately prior to the execution ofthis Sidewalk and Landscaping Easement, suer that the execution ofthis Sidewalk and Landscaping Easement will not diminish the area that grantor can build out to in the future. Tg HAVE AND Tg HgLD, ALL AND SINgULAR, subject to the "conditions" and "Reservations" set forth above, the rights and pr~v~lees aforesaid to the pity of corpus Christi, Texas, its successors and legal representatives and the public, for the proper use as a public sidewalk and landscaping, for so long as used for such purposes, and if the use for said tract and way for all of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease, and all rights herein granted shall revert to the ~xrantor herein, grantor's heirs or . assigns. [SIGNATURE PAGES FOLLOW] ~~3~~9v3 3 Gx~NTOR Port of Corpus Christi Authority c~,~f~N~ec~~oun~y, Texas ~~~r~t Name: Jahn P. f,~e, Execu~ive~Di~eetor THE STATE OF TEXAS § COUNTY OF NUECES § Thi inst ent vas acnoled ed before nee on ~0~7 b rum g Y Jahn P. due as ~xec~ti~e D~recto~ of the Port of C Christi A~utho~t~ of Nueces ount~, Texas. h „ [Seal _~~~~~~ p~~~#Y ~lLIN ~~1E N N ~ot~~y ~~b~lc Aa~ S~A~ OF i4S ~nti+" ~ ~If gyp. ~T-0~~009 c in aid ur'th~tate ~~ T~~A [GRANTEE'S SIGNATURE PAGE FOLLOWS] 2~3129v3 4 GRANTEE ACCEPTED for the City of Co~au~ Christi, a municipal corporation and body politic under the laws of the state of Texas on , 2007. City of Corpus Christi, Texas P, ~, Box 9277 City Ha11, 120 I Leopard, Third Pleor Dep~ent of Engineering services ~R~PERTY AND LAND AC~JIITIDN DXVII~N Corpu Christi, Texas 7~~~-9277 ge .Escobar, P,E,, Director D pent of Engineering ervtces THE STATE OF TEXAS § COUNTY OF NUECES § ,i ~~ veronica ocaR,es Assistant City AttomBy For City Attorney This lnstruent vas ackno~led ed before me on ~ 2007 b ~ ~ Angel 1. Escobar as Director of Engineering services of the City of Corpus Christi, a Texas rnunlelpa~ corporation, on behalf of said corporation. Notary Public in and for a tote of TEA ~~~~ ~UEB10 GAR7A, III ~~~~: [deal] ,*. ~ : ~+rr co~+~~s~a~ ~~~«~s _ ; S ~• ~,.,~ ;~ti' February 1~4, 2D~9 2231~9Y3 ~ Ef ~~ ~~~ ~~~ . ~ ~~ ~" ~~, ~~ ~ ~ ~ '~ ~oc~ ~ ~~,~ ~ ~ . ~~~ sots ~, a ~ ~~~~ 3 ~ar~e~~m~ due ~~ , eat ~s ~~~~ ~ s~dealk and . .. eor~e o ~~ ~ ea~ernent fo p~~~ition ~~ eet of ~~~~ ~ ~ beach portion ~ wept ~~ ~ ement opus hrrst~ dater ~~ ch ~ eas ~ ~~oord of l~ueces ~ ~ ~s for ~~~~~ for aini~~ east port~o~ ~~+ idsca ~n~ and the rem d as f o11o t ~ w ~ ~ metes and ba a ~o~ea~ °~~ ~~rt~cularl descr~hed ~~ ~~~~ th Y ~ of o ' comer also ~~~ ~ easement ~~~ t~or~`Y ~e st corner of e west r~ ~n at the nor~iea ~ ~ ~ vn th eta co ~ '~ loch ~~~ a~ ~ o alto ~~ of. said Lot 7 ~ ~ ~ ~ lie of ~~ e • south ~t"°f ~~`~ 7 ~ c'~ ~°r'~~~~e Boulevard ~ e a~ ~°t e • meat ~ ~ feet ~ of ~ ease ~ ~•~~ at i e east bou~~ ~evar~} a d dot ~~~~ ~10-47-~5 ~ ~v~n re~e ~"°u ex of ~ r of ~ ~ o ~~io t ~p~n t roe oo~~ t r~ t~of+~ay line o the uQeas * ~ r,~rtl~eas the the wee ame bem tl~ ~~ ~~~ • ~ ~,ot '~, the s ~ see be~~ she ~ gat comer of ~ ~~~ fat , ~ t ~, the ~ fot 1 ~ 1 ~ east eoe~ of ~ ~~ ~,o of aid ~ •~~ feet ass the souk ast corner o over pest • P ~ the sout~e out~eat ~ t ou the ~ fat 9, at 150.00 feet ~ feet ~ the ~ to ~ poi o f • ~ at ~OO.OO ~ ~~ feet bou~~a ~~~~ rner of sa~~ h°t 1 ~ ~n a~~ ~~ ~ tie east ast oo er of dot ~ ~ ~ he~~~ ~ anr~e beiu the northeast ~° evd, the same ~ orehne Bouf t~ _ f said ~o~ h ~~ a~ i~ne o easements e ~~i th corner of ~ 4,a5 feet ~ t ~ dot 11, for a sou ~~ at 3 ~ ~ ~, ~ is easy ~ std ° f ,~~a~ry of ~~y o y o nth the west ho oath b~ nth bout ~ N -40-~ 5 e~r~ the s ~° south ~ ~ the see ~ b~~~ ~ e ~~rt of said Lot ~ ~ ~ ~ ~ the same she b~ ~ ~~ boundary of said l,ot ~ ~ e $ tie ~ * e nosh boundary ~~ sa~~ ~~~ ~~~~ dot ~ ~~ t~ feet pass ~ ~o,dsry ~ of # ~~,,~~ ~ ~ feet ass the ~ o~ ~oun~ ~~~~,~~t~~ ~ Lot , at 13~4.Q ~ et ass the ~ ~~~ fe P ~ rr~-} }~. Exh~it B ~~~ ~~~~~~ 1 ~ ~P~e~~ ~~I i ~1~~7 4 # ~~~ a~fici~~ Rec~r~~ a~ ~~~CE~ C~~~~Y ~~~ T, fR Cfll~~~~f ~~~~~ ~e~ ~4~.8~ City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 784fi9-9277 ~~ r~rri~ian #~er~ia ~~ic~ fi~~ri~~~ ~~~ ~aie, R ena~ ~r ~~ ~~ the ~esc~ibe~ ~~~i. P~a~~~ au~e a~ dace, Cel~r~ ~e~i ~ar~~ hex, ~fai~ap, F~~~~ia~ ~ta~~~~ ar ~a~ i~r~a ~~~ 1~ x~ ir~va~i and ur~~~farce~b~e antler ~~~~~~1 ~#~ 311~19~, ~ ~T~TE ~ ~~CA ~ hereby ~r~ify ~a~ #~i~ i~~r~~~ rae ~~~~~ ~~ f~I~ r~r~~r ~e~~rer~c~ ~~ the dale ~ a~ e tip s~~~~~~ ~er~~a ~~- ~e, aid ~~ ~a~y R~~~~ ~~ ~~~ a~#~ci~~ ~~bl~c ~~~ar~~ a~ ~u~ee ~~-, ~e~~~ ,~r ~t ~, ~~~~ I+CE~ C~IiNTY~ T~~~