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Home My WebLink AboutC2007-374 - 10/31/2007 - NADoc# 2007055186 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. THE STATE OF TEXAS COUNTY OF NUECES Grantee: M I WATER PIPELINE EASEMENT AND RIGHT-OF-WAY AGREEMENT KNOW ALL Y THESE PRESENTS: CITY OF CORPUS CHRISTI, ISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, Third Floor Department of Engineering Services PROPERTY ACID LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Grantor: CAROL 1. KILGORE Trustee of Anna C. Isensee Grandchildren's Trust Easement Property: The certain 40.00 foot wide easement out of the East 100 acres of Tract 5, Rowena Shaeffer Farm Tracts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas; said east 100 acres of Tract 5 being recorded in Volume 219, Pages 539 through 541, Deed Records of Nueces County, Texas; said 40.00 foot wide easement being more fully described in the original Water Pipeline Easement and y Right- -Way Agreement. WHEREAS, Grantor, Carol 1. Kilgore as Trustee of Ara C. Isensee Grandchildren's Trust, granted and conveyed the Water Pipeline Basement and Right-of-Way Agreement described in Document No. 2001006835, dated February 1, 2001 and recorded on February 21, 2001 in Deed Records, Nueces County, Texas (the "Existing Water Pipeline Easement and Right-of-Way Agreement") attached hereto as Exhibit "A ", to Grantee, The City of Corpus Christi. WHEREAS, the Parties agree to amend the existing easement by changing the number of above ground appliances from a total of six (6) to a total of twelve (12). 2007 -374 10/31/07 Carol 1. Kilgore 1-f p"1. 0. i # THE PARTIES AGREE AS FOLLOWS: That page two paragraph two (2) of the Water Pipeline Easement and Right -of -Way Agreement is modified as follows: A total of twelve (12) above ground appliances may be placed on the easement right of way. The Grantor, Carol I. Kilgore, Trustee of Anna C. Isensee Grandchildren's Trust, and the Grantee, the City of Corpus Christi, its successors, assigns, and legal representatives, agree to continue the easement according to the terms of modification and to ratify the Water Pipeline Easement and Right-of-Way reement executed by the Grantor to the Grantee, dated February 1, g 2001, and recorded on February 21, 2001 in Document No. 2001006835, Deed Records, Nueces County, Texas (the "Existing Water Pipeline Easement and Right -of -Way Agreement") and known as Exhibit "A" except as modified hereby. This instrument is made by Grantor and accepted by Grantee in order to amend the number of above ground appliances permitted in the Water Pipeline Easement and Right-Of-Way Agreement known as Exhibit "A ", and in all other respects confirms said existing agreement.. Grantor ANNA c. ISENSEE GRANDCHILDREN'S TRUST r � Carol Y. Kilgore Trustee STATE OF TEXAS COUNTY OF NUECES . &C?"!5 _ , 2007, by Carol 1 This instrument was acknowledged before me o.. Kilgore, as Trustee of the Anna C. Isensee Grandchildren's Trust, on behalf of the Trust. } � F PAMELA M. WILLIAMS MY COMMISSION EXPIRES September 11, 2010 m&A. ("zpiAf-7.1, Notary Public, State of Texas 4 (SEAL) ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on i - 3/ , 2007. Grantee CITY OF CORPUS CHRISTI, 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 l gel R. Escobar, P.E., Director Department of Engineering Services APPROVED as to legal form this ATTORNEY. STATE OF TEXAS COUNTY OF NUECES l 5� day of j_....fts _ _ , 2007 for the CITY Alison J. ogan Assistant City Attorney acknowledged before me n O.1 2007, Angel R. This xnstrurnnt � by Escobar, P.E., as Director for Engineering Services for the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of T Doc# 2001006835 *. -r WATER _ I ELINE _ .ASEMEI T 4.5 ; AND RIGHT-OR-WAY AGREEMENT -y .SHE OATE OF TEXAS c't) KNOW ALL MEN BY THESE PRESENTS: , CO Y OF NUECES - THAT Carol 1. Kilgore, Trustee of Anna C. Isensee Grandchildren's Trust (hereinafter referred to as the "Grantor"), of the County of Nueces, State of Texas, for and in consideration of the sum of $28,291OO to pane in hand paid by the City of Corpus Christi terminate. Upon such termination, the Grantee agrees execute and record an instrument forever and for all purposes releasing to Grantor the temporary construction easement from all rights or interests of Grantee i in any event such pipelines or lines shall be buried at least thirty -six inches (36") from the surface of such land. The Grantee shall conduct all excavation and backfilling of materials in such a manner as to preserve desirable topsoil and/or sod and to dispose of any rocks and similar excavated materials whi State of Texas, might be entitled to place on, over, or across an easement of the nature conveyed by this document, Grantor shall be entitled to place road surfaci other structures up to the permanent easement line. Grantor shall have no liability for any breach of any covenant contained in this agreement by any successor or assign of Grantor. The Grantor and the Grantee agree that this grant and conveyance contains the entire agreement between the parties and that no representation or statements, verbal or written, have been made modifying, addi firm having any interest in the above described property under any easement which might be affected by the terms of this agreement and under any oil and gas lease which might affect such property. Without limiting the generali ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on - , 2001. G r n ee CITY OF CORPUS CHRISTI, TEXAS P. 0. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 K. Noe, Deputy City Manager APPROVED AS TO LEGAL FORM THIS ON , 2001. JAMES R. BRAY, JR, CITY ATTORNEY THE STATE OF TEXAS COUNTY TY of NUECES 4 By: Jo c� p Harney, Assist t City Attorney This instrument was acknowledged before me on F, k4 DO CHAPA •: SECRETARY Is __� , 2001 by George K. Noe, Deputy City Manager of the City of Corpus Christi, exas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas • *4 { " ' CONNIE PARKS jw- ± 1, Notary Public .', � STATE OF TEXAS Z•I#' My Comm. Exp. 1 t - 09-2003 (OP. ...... jr:Lri*.0 t VIU 1 tOkir‘C‘ik/i. .j.92‘j .... aNC#L....I. E.-Xi-11BIT A (361)854-3101 STATE OF TEXAS COUNTY OF NUECES Y RBAN ENGINEERING P.O. BOX 6385 • CORPUS CHRISTI, TEXAS 55 Job No. 33760.9802 March 19, 1999 PARCEL L 31A Exhibit A FAX 3 6 1 854 -6001 Fieldnotes for a 40.00 foot wide easement out of the East 100 acres of Tract 5, Rowena Shaeffer Farm Tracts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas; said east 100 acres of Tract 5 being recorded in Volume 219, Pages 539 through 541, Deed Records of Nueces County, Texas; said 40.00 foot wide easement being more fully described as follows: Beginning at a point on the existing south boundary of 120 foot wide State Highway 44, same being the north boundary of said Tract 5, for the northeast comer of this easement. from which corner the intersection of the common boundary of the Charles Land Survey No. 404, Abstract 975, Nueces County, Texas and said Tract 5 with said south boundary of State Highway 44, bears North 88°34'13" East 32.68 feet; said intersection point being the northeast corner of said Tract 5 and from which Point of Beginning a National Geodetic Survey monument, stamped "S0-200" bears North 41 °18'54" West 12 264.38 feet; Thence South °54'31„ East, passing through said Tract 5, with the east boundary of this easement, 1017.49 feet to the north boundary of new State Highway 44 (dedicated, but undeveloped) for the southeast comer of this easement, from which comer the intersection of the common boundary of said Tract 5 and a portion of a 254.069 acre tract described as 255 acre tract out of the West 5/8 of the Thomas Gallagher Survey No. 402, Certificate No. 1739, Patent No. 359 Volume 37, Abstract No. 988, Nueces County County, Texas with the aforementioned north boundary of new State Highway 44 bears South 80 °49'30" East 31.94 feet; Thence North 0 °49'30" West, with the north boundary of new State Highway 44, same being the south boundary of this easement, 40.63 feet for the southwest comer of this easement, from which comer a 1 inch iron rod on said north boundary of new State Highway 44 bears North 80 °49'30" West 6.73 feet; Thence North 00 °54'31" West, passing through said Tract 5, with the west boundary of this easement, 1010.02 feet to the aforementioned south boundary of existing State Highway 44 for the northwest comer of this easement; Thence North 8 °3'13' East, with the south boundary of said existing State Highway 44, same being the north boundary of this easement, 40.00 feet to the Point of Beginning and containing 40,550.253 square feet (0.931 acres) of land. Bearings based on GPS bearings, NAD 3, Texas South Zone. National Geodetic Survey monuments "SO-200" (North coordinate = 17,184,313.4780 East coordinate = 1,284,118.4750) and "SO -230" (North coordinate = 1 7,200,858.5580 East coordinate = 1,265,870.2890) were used as control points for establishing basis of bearing. coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83). URBAN ENGINEERING WN1 JU 1N J. SA AR, R.P,L.S. License No. 4909 "'Utility La ernent- WORD HOME\SHARLEY71 E \EA EMENT\ southside water transmission main 31a 31bI98w 8194 I EN EE- Kilgor ,Trustee $28,291 UE-TCE.SG-MC faXiii6iPi4A7 PORTION OF 254.C69 ACRES. :ES RIBE AS 255 AC_ TRACT OUT OF WEST 5/8 Or THOMAS GALLAGHER SURVEY NO. 402. CERTIFICATE NO. 1739, PATENT NO 359, VOL. 37, ABSTRACT ':D. 98E. NLECES COUNTY; SAID 255 ACRES RECORDED 1 VOL. ' 76. PC. 566. D.R.N. . T . AND SAID 254.069 ACRE DESCRIBED DEED RECORDED IN VOL.I 111. '='D. 212-2-e, E H'GHWA ' 1120 R.O W.) Exhibit C *Utility Easement" WOROIHOME1 HIRLEYTI GENIE SEMENT\ south side water transmission main 31a 31b '98w 8194 I E EE- 1I fius ice =,29 U - E. -M Arl ge 6 of 7 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES I ENGINEERING Exhibit B P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466,5355 FAX (361)854-6001 .fob No. 33760.9802 .March 19i 1999 Revised: May 13, 1999 Revised; July Bt 1 999 Revised: December 13, 1999 Revised: December 27, 1999 PARCEL 318 Fieldnotes for a 40.00 foot wide easement out of the East 100 acres of Tract 5, Rowena Shaeffer Farm Tracts Subdivision, a map of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas; said east 100 acres of Tract 5 being recorded in Volume 219, Pages 539 through 541, Deed Records of Nueces County, Texas; said 40.00 foot wide easement being more fully described as follows: Beginning at a point on the new south boundary of State Highway 44 (dedicated, but not developed) for the northeast corner of this easement from which comer the intersection of the common boundary of said Tract 5 and a portion of a 254.059 acre tract described as 255 acre tract out of the West 5/8 of the Thomas Gallagher Survey No. 402, Certificate No. 1739, Patent Igo. 359 Volume 37, Abstract No. 982, Nueces County, Texas with said south boundary of State Highway 44, bears South 78318'17' East 8.24 feet and thence South 84°08!55* East 23.16 feet and from which Point of Beginning a National Geodetic Survey monument, stamped •S0 -200' bears North 37°29'18' West 13,339.93 feet; Thence South 00 °54'31" East, passing through said Tract 5, with the east boundary of this easement, 1171.09 feet for an interior corner of this easement Thence North 8 °08'05* East continuing 'Ariti said east boundary, 29.64 feet to the above mentioned common boundary for a corner of this tract; Thence South 00°50'23' East, with the above mentioned common boundary line, same being the east boundary of this easement, 2739.10 feet to the common boundary of said Tract 5 and of the John 1-1. Smith Survey No. 25, Abstract 305, Nueces County, Texas, same being the centerline of County Road 36, an unimproved roadway, for the southeast corner of this easement; Thence South 8 °54'30* West, with said centerline of County Road 36, a distance of 40.00 feet for the southwest comer of this easement Thence North 00 °50'23' West, passing through said Tract 5, with the west boundary of this easement, 2699.26 feet for are interior corner of this easement; Thence South 89 °08'05# Vilest, 29.59 feet for a corner of this easement Thence North °54'31" West, passing through said Tract 5, with the west boundary of this easement, 1220.00 feet to the aforementioned south boundary of new State Highway 44 for the northwest corner of this easement Thence South 78°18'17' East, with the south boundary of said new State Highway 44, same being the north boundary of this easement, 40.99 feet to the Point of Beginning and containing 157.773.613 square feet (3.622 acres) of land. Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments 1 200' (North coordinate = 17,184,313.4780 East coordinate —1,284,118.4750) and S 23 ' (North coordinate = 17,200,858.5580 East coordinate = 1,265,870.2890) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83). URBAN ENGINEERING DAN L. URBAN, R.P.L.B. License No. 4710 .f...... .....s.:. DAN E URBAN (4/4;• °R b 4710 WORDIHO IEI HIRLEYT1 Em r southside water transmission main 31a 31b '98w 8194 I EN EE- Kilgore,Trustee $28,291 UE -T CENTERL E OF COUNTY ROAD 36 I. gE q to A 2 En r 41 koocxto - Q C I" v OT_ c� m rD r 1 rq-rim 70 co on 0 I aco 0 yr 0 M C xl 0.71 z= 0 o 03 IN WO rr5 411 201 !filiP !leo i� 0 0 5 oz Ect- TulcZlm eliowass w xs- .; o N 5102P. E 0 n x 8 0 Exhibit trir STATE HIGHWAV 44 ga. aWDEVELDPEN fri "Utility Easement" WORD\HO ME\ HIRLElfTIGEN\EA E ENT\ south side water transmission main 31a 31b `9 w 8194 I EI EE -1 ilgore.Tru tee $28, Doc* 200 006835 # Pages Date: 2/21/01 8 :51 :42 A Filed & Recorded in Official Records of NUECES CITY ERNEST N. BRIONES COUNTY CLERK Fees $31.00 OfOvil3n herein which restricts the Sale, Rem or use the daleribed REAL PROPERTY because of Race, Cola � �, Handicap. Familial Status or Nm a p is 1 d unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNT OF iUECS 1 hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped herein by me, and was duly RECORDED, in the Official Public Records of Nueces County, Texas r-- COUNTY CLERK NUECES COUNTY, TEXAS e 7; .O7P 674-1"3 ; 711 q.?./(-)s •fox 5?2 77 786? EXH1 iT A