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HomeMy WebLinkAboutC2007-375 - 10/31/2007 - NA~ ! ~ ~ ~ ~#~ ~~~~~~ 1 ~~3 I:IEPARTMENT aF ~1GINEERING SERVI~11~ PROPERTY ANA] LAND AI~~UI~ITI~N DIVISION Sidewalk and Landscaping Easement THE STATE OF TEXAS § COUNTY OF NUECES § KNGw ALL BY THEE PREENT: THAT TAT Development Company, a Delaware corporation of4~4 Decker Drive, Irving, Dallas County, Texas 7~a~~ hereina~er called Grantor} far and in coasideratian of the surr~ ofDne Dollar ~$1,aa~ and other valuable consideration, including the perpetual maintenance ofthe subject Premises, to us in hand paid by the City of Corpus Christi Grantee}, l dal Leopard street, Nuece County, Carpus Christi, Texas 7849-92~~, the receipt ofwhich is hereby acknowledged, has granted and conveyed, and by these presents, does grant and convey unto the City of Corpus Christi, a Texas Horne Rule municipal corporation, its successors and legal representatives the free and uninterrupted use, l~~berty, privilege, and easement ofpassing on, aver, and along a certain tract afland situated in Nueces County, Texas for the purpose of constructing a sidewalk and for the installation of landscaping across said property owned by Grantor as descl;-~~bed to wit. fee the metes and bounds property description attached and incorporated as "Exh~~it A". Premises} A snap showing the ~acatian ofthe ~DEwALK and LANDSCAPING EASEMENT is attached and incorporated as "Exh~~it B". Favored Nattans: ~, Grantee, by lts signature hereto represents and warrants, that the monetary and nan- rnonetary consideration, paid to Grantor herein far this Easement and damages thereto, on a per acre basis is equal to or exceeds that paid to aiaother landowner, for a similar Easement and damages thereto, who owns property ~n Corpus Christi, Texas along Shoreline Boulevard anywhere between the American Bank Center and the ~mn~i Marina Hotel. b, Further, it is understood and agreed that, if Grantee hereafter purchases an Easement, in can junction with the Project, from another landowner who owns property in Corpus Christi, Texas along Shoreline Boulevard anywhere between the American Bank Center 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 Burn paid to Grantor far this Easement 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 Nations Clause is not applicable to any Easement~~} taken by the power of eminent domain. ~01~7-37' 1~131ID7 TRT Development Co. ~ ~~S Together with the free ingress, egress, and regress to and for the its of carpus Christi, Texas, its successors and assigns for the purpose ofconstructing a sidewalk upon said tract and right-of-air ~ra~ for public use and for landscaping purposes, said landscaping to be provided, replaced, rewired, and maintained b~ the Grantee. ~n~provement to and repair and rriaintenance ofthe easet~ent shall be at the sole expense ofgrantee. Cxrantee must maintain the easement and landscaping in a neat and clean condition. The creation of this easement shall not alter the propert~r boundary for purposes ofineasuring and building setback requirements set forth in and plan or cit~r ordinance and grantee shall not seek to expand and existing setback requ~re~nents. Tg HAVE AND TO HELD, ALA AND INgU~AR, the rights and privileges aforesaid to the pity ofCorpus Christi, Texas, its successors and legal representativesand the public, for the proper use as a public sidewalk and landscaping, for so long as used for such purposes, and ifthe use for said tract and may for all afraid uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease, and all rights herein granted shall revert to the grantor herein, Grantor's heirs or assigns. GRANTOR TRT Development Company Print Name: print Title; ' ~ THE STATE gF TEA COUNTY OF p~~ Jas This instrument eras acknav~ledged before me on ~~' 2D~7 by l~i~ ~,~ ~'~11~ ~ ~ of TRT Developrr~ent ~on~pany, a Deiau~axe corporation on behalf of said corporation. ;_`~ ;•: LYNN 2ENQ~EA *_ ~~ ~a~~~ss~oN E~~~R~ . ~ ~ ~~ September ~5 8 . ~~~;,~ Not P c and f r the state ofTEA [Seal] A~EFTED for the pity oforpus Christi, a municipal corporation and bodypolitic under the laws ofth state ofTexas ors ~~ 4 ~~ ~~07. 2 GRANTEE pity ~~ ~r~u~ hrist~, Texas '. ~. ~vx 9277 ~t~ Ha~~,1 ~0I Leopard, Third Floar Department of Engineering Ser~iees PROPERTY AND LAND A~~J~SZTION DIVISION carpus Chsti, Texas 74~~~~277 ge ~.. Escobar, F.E~, Directar Department of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument vas acknav~ledged before me on ~ ~aa7 b `Angel R. Escobar as Directar of Engineering Services of the pity of corpus Christi, a Texas municipal corparatian, vn behalf of said rporation. Na P~ ~~c in and for the t ofTxas v ~'~~'~ ~~ -,.r'~ ~UE~fO [~~~ x*~ ~* ~~ C ~ III A ~ O D AS TO ~ ~ A~ OF ~ X007 ~ ~ E LEGAL FARM, THIS ~ _-- FOR THE CITY ATTORNEY ~ t " sitant ' ~ Atta~ae~ CITY LEGAL DEPARTMENT H:IHaML~USEBI~GIGENIPRG~I;CT I~DLI~ERSIBAYFRONT DE~~LDPMEi~lT Pi,AN ~~2791TRT1StDALK AND LANDSCAPING EA S EM ENT.I~ <*'C~.TRT. DOC 3 JN~ 'r ~ i } ' 's ~ f ~ ~ ~~~~~ ~~ ~f v i ~I M ~ ~.F~ ~ ~~i1~~~ Being a 2~ foot wide casement across I ~~s 7, S, ~, 1 Q, l 1, & ~ ~, Bluclc 54, & Gat 1, Black b~, Carpus Christ beach Portion, recorded in volume A, Pages ~ ~ 3, l4iap Records of Nueccs Couu~ty, Texas, and of which the cast 10 f of this easement is far sidewalk and the west lQ feet is for landscaping, and this eaacment being ware particularly described by metes and bounds by block as follows: Black 4 Beg'r~nit~g at the southeast corner of his cement, said vorner also bcirig the southeast corner of said Lot ~~ and flock ~4, ~d lying on west right of--way line of North Shoreline Boulevard and tine earth right~of~way iir~ of polo Alto Stmt; Thence S 79-1~~3~ with the south boundary of this easement and sold Lvt l2, the same being the north right»af-way 1ita~ of s$id Paio Alto Street, ~D.~O feet, t~ the southwest earner of this casernent~ Thcancc hi 1-47 ~ W with ~e west boundary of this easem~tt, at x.00 feet peas the north boundary of said Lot l~, Oic sane being the south boundary of said Lat l ~, at 10.00 feet pass the north ba~ndar~y o#'said Lot i 1, the same being the south baunda~+ of said Lot t 4, at 15U.00 feet pass ~c nntnh boundary of said Lot 1 ~, tho same bung the santh bou~.ary of said Lot 9, at X00.00 feet pass the north boundaury of said Lot 9, the same being the south bouaidary of said Lot 8, at 250,40 feet pass north boundary of said Lot ~, tic same being the south haunda~- of said Lot 7, in aq OQ,00 feet, to the northwest comer of`this csse~nent, said car,~er being on the north boundary of said Lat 7, the same being the south right-af way iin~e of Fit~gersld Stmt; TM N ~9.12~~~ ~ with south righ#-of-wey line ofsaid Fit~geraid Suet, the same iug a north boundary of this easeme~ X0.04 feet, to northeast uornex of this easement, the sx~ne being the narth,cast corner of said Lot ~ and Block 54 and bed located an the west ~ght-af way of said North SharclinG Boulor~axd; Then i Q~~-28 E with the bn~ndary of this easecneut and westright-of--way lino of d North Shoreline Houtcvatrl, the same being the east boundary of said Lot 7~, at ~a,OQ feet pass the southeast career of said Lot ~, the same bei the northeast corner of said Lot S, at 1~p.00 feet pass tho southeast comer of said Lot S, the same being the not~heast rarner of said Lot ~, at 1O,U0 foot passe the southeast corner of said Lot 9, the same being the northeast earner of said Lot 10, at ~0~.04 f pass the southeast Darner of said I~t 10, the same being the northeast corner of said Lot 11, at 2,00 feet pass fhe southeast corner of said Lot l 1, the same being t'he northeast corner of said Let l~, in ~lI 3. 'beet to the point of begitmis~g and cants-inipg b44~ squaw feet of land, mare or Tess, or 0.138 awes ofland, more ar less. ~~ B~oc~ ~3 Beginning a# aautheast corner of this easertreat, mid comes else being the sautitst carncr of said Lo# ~, ar~d Hlock b3, and lying on the nest ri~ht~af--way lino of North 5h~re~inc Boulevard and the earth right~of~way ~i#~gcrald 5trect; ~]tcace S ~9-1Z 3~ W with the sQt~ boundary of phis caseanent aid said Lot 1, #hc same being the north right-af--way of s$id Fitzgerald troet, Z0~~0 f, to the southwest corner of this easement; ~e N l ~-47,5 ~V` with the west boundary of this easerent, X0.00 feet, to the narthvuest corner o#'tbis cascrnent, the said rner being on the north baut-dary of said fat l and the south boundary of Lot ~, Bloch ~3; Theace N 7~~IZ~32 ~ with the north boundary o~this easement, the same being the ~ boundary of said Lot 1 and the souk 6otn~dary o#' said Lut Z, x.00 feet, to the uartheast ~o~er oi'this cascrncnt, the sank being a Hartbeest comer said Let ~ and the snuthcast corner of said Lax ~ and being located on the west rit~f way line of said North t~areline ~o~levard; 'Thence 5 i~-47+Z8 E with the east boundary of this ca~erucnt and west rtg~it~f-wgy lip of said North Shorelinc Boulevard, the same btg the east boundary of saki Iaot 1, SO.D4 fact to the paint of beginning and cantaitr~ng ~ DQ~ square feet of lid, more car less, or 0.0~ ages of land, more or less, Noto; Bearings are ~tat~ Diane d ~earittg~s, Texas Sou#h Zonc, NAD `R~. ~ i~. .~~.* o,s~~~; i' r i ~ s ~' O~~if A1~-41,i±A1~A i ya+t w. C' },'~~ . ,~ ,. ,,,; M61 r *~.~ ~+~ ~~ ~~ "-`"'ter ~r _~ •~~ ~~ 9.ft t ~~ ~~ ~ 4 F ~r ~ti ~r4r `-A+ ~~ ~ ~ if ~y ti~ ~~ ~ ~ ~`~ ~ ~~~. ~~" ~• ~ i ` a r aQGd ~F. U N 4. ~ Y~Y ~E~~p~~ ~~1~~ANY "' ~4 ~ ~~~~ 0 I ° ~ 4 1D N ~' ~ ,.~ ,~ i ~ ~ fl 1 ~ ~~ ~ # r ~~ ~~~ ~~ ~ ~ ~ •r*rr*r~r~~rrafa~~s ~ ~~~~ ~~~ . ~. ~ ~~~~F ~~Q~rr ~ 1 •~~~ ~ ~ ~~ (~ ---- -- ~.~.r .gyn..,-. ~ ....^. ,.....~. ..~ ,~...~ y~r 1~r ~ ~+ ~° a~~ ~# °'~ 9 f 19 f ~6 GiGN~C ~ ~~lT~ ~ sic bias ~H~~IT B .~~+~~ cH~ ~,~ a~~~~~~ ca~~us c~~s~ ~ . __ _ ~~c# ~~~~~~1~ #Ra~~~ i~l~l~~ ~~:C~~+1 ~ff~~ial Recurd~ of !#~ G"iTY ~IIA T, ~R~ERA NTY CLEF F~e~ ~~ ~~ City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277^ C__.. 5T#~TE DF T~~AS L'NTY ~ h~CE~ ~ hereby r~rt~fy ~ha~ ~~~ xn~t~^ueen~ was F~LE~ ~ n f i 1 ~ nuuber ~~ uence en the dad e and a~ the ~i~e ~~a~ ~~ herein b~r re and way dui REC~R~E~ inp~he Df f ~~~al ~u~~ i~ Rer~rd~ of Nue~e~ C~~nt Te y~ xa~ ~r ~ t ~~ ~~AN~ T ~A~R~ ~IJE~S G`~UNTY, TEXA5 Any pr~vi~i~n herein which re~~rict~ ~h~ 5 ale Ren~a~ ~r use of he de~~ribed REAL pR~E#~TY he~au~e of Race, r Ca ~ or# Rel~~~~n, Sex, Handicap, FaeYlaa~ S~a~u~, ~r Nab ~unaY ~rYg~n i~ ~nva~id and unenf~rr~ab~e under FEDERAL LAW, ~lfClB9.