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Home My WebLink AboutC2008-316 - 11/12/2007 - NA- Doc# 2008006955 • ;a9 ~ ! t,,~~~ ~ ~ ~~ e DEPARTMENT OF ENGINEERING SERVICES ' `~ ~ ti+I u ~ d'a 7,® PROPERTY AND LAND ACQ[JISITION DIVISION Parcel 16, Master Channel 27 Drainage Imprs., Projec[ #2263 INUNDATION AND DRAINAGE EASEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: THAT I, Bessie J. Oliver, Individually and as Community Survivor of the Estate of Charles D. Oliver, Jr., deceased ("Grantor") of 2332 Colibrook, Las Vegas, Clark County, Nevada 89115, in consideration of Eight Hundred and Eighteen dollars ($818.00), the receipt and sufficiency of which is hereby acknowledged paid by the City of Corpus Christi ("Grantee") a Texas Home Rule municipal corporation of P. O. Box 9277, Corpus Christi, Nueces County, Texas 78469 hereby grant and convey to GRANTEE a permanent easement and right to inundate, submerge, and overflow the EASEMENT PROPERTY at any time and as many times as GRANTEE may see fit. EASEMENT PROPERTY: That certain tract of land described containing 2.395 acres, more or less, described by metes and bounds on the attached and incorporated "Exhibit A" and shown by shading on the attached and incorporated "Exhibit B". Together with the Inundation and Drainage Easement shown in "Exhibit B", a 50 foot wide TEMPORARY CONSTRUCTION EASEMENT, containing approximately 0.499 acres, is located along the northern boundary and within the described Inundation & Drainage Easement. Said Temporary Construction Easement is to be used for working room and storage of materials and machinery during the construction phase. This Temporary Construction Easement automatically terminates upon completion and acceptance of the Master Channe127 Drainage Improvement prof ect (The "PROJECT") by the City Manager of the City of Corpus Christi, Texas or his designee. GRANTEE agrees that upon completion of construction of the PROJECT, all surplus excavation, debris, trash, or litter resulting from construction shall be cleaned up and disposed of off GRANTOR'S property. GRANTEE at all times after completing any work in connection with the construction will restore the surface of the EASEMENT PROPERTY, as nearly as possible, to the condition in which the EASEMENT PROPERTY was found immediately before such work was undertaken. GRANTOR shall not construct any structure or building on the EASEMENT PROPERTY, nor shall GRANTOR store or place any materials, debris, or equipment on anypart ofthe EASEMENT PROPERTY. GRANTEE reserves the right to remove, damage, or destroy any such structures, buildings, materials, debris, or equipment, and GRANTOR agrees to promptly reimburse GRANTEE for the reasonable costs incurred by GRANTEE in keeping the EASEMENT PROPERTY clear of structures, buildings, materials, debris, or equipment. In no event shall GRANTEE be liable to GRANTOR for compensation or damages for keeping the EASEMENT PROPERTY clear or for the removal, damage, or destruction of any structures, buildings, materials, debris, or equipment constructed or stored on the EASEMENT PROPERTY. 2008-316 11/12/07 annel 27 DrainageNarcel 16\Charles_Oliver_Inund Esm[.doc Oliver, Bessie J. GRANTEE'S contractor will install a temporary livestock fence prior to construction. GRANTEE will install a permanent barbed-wire fence, similaz to or better than the existing fence along the northern and western boundary lines of the EASEMENT PROPERTY. GRANTEE agrees to restore the land within the EASEMENT PROPERTY to the same condition as existed prior to construction. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors and legal representatives, for use as a INUNDATION AND DRAINAGE EASEMENT and right of way for so long as used for such purposes, and when the use of said easement is abandoned, and then aforesaid rights and privileges shall cease. When the context requires, singular nouns and pronouns include the plural. Grantor Bessie J. O ' r, Individually and as Community Survivor of the Estate of Charles D. Oliver, Jr., deceased THE STATE OF NEVADA § COUNTY OF CLARK This instrument was acknowledged before me on p'7~ ~\~o ~ e u.n ~ ~ , 2007 by Bessie J. Oliver, Individually and as Community Survivor of the Estate of Charles D. Oliver, Jr., deceased. Notary Public in an r the State of Nevada [Seal] ~.>..~ ?~~n~ NOTARY PUBLIC I\~ A"i" ~ STATE OF NEVADA v ~ ~ County of Clark ~~ 5_AHMED Se 003R82-~ Ny AppoinLr:eni b:pires Nov. 18, 2007 ~tttt4cvs:~e~c~m~ssxusracz~ - H:\HOMEWormaR\PROJEC7W2263 Maser Channel 27 Drainage\Parcel 16\Charles_Oliver_Inund Esm[.doc ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on ~jJ~f~,~GtJ / ~ , 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 f~~i,~ 1 F<~RJ 5"r sco ., Director~l NT~hr) Department of Engineering Services THE S ATE OF TEXAS § COUN~Y OF NUECES § This i e ~ cl ~~~Qw,~,~l~d d before me on ~ Z , 2007 by , ~~s irector of Engineering Services for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notar Public in and for the of Texas [Seal] ~;i~~;=. EUSEBIUGARZ0.111 t'i~''` MY COMMISSION EXPIRES ~~'%~,'vr,5~< February 14, 2009 ~/ APPROVED AS TO LEGAL FORM, THIS D ~ DAY OF •, 2007. FOR THE CITY ATTORNEY Veron~ areas, Assistant City Attorney CITY LEGAL DEPARTMENT H:UiOMEWormaR\PROJEC7Vf2263 Maser Channel 27 Drainage\Parcel 16\Charles_Oliver_Inund Esmt.doc o~~snoo~ Page 1 oft STATE OF TEXAS COUNTY OF NUECES PARCEL 16- INUNDATION DRAINAGE EASEMENT BEING A 2.395 ACRE (104,332 S.F.) EASEMENT OUT OF THE REMAINDER OF THAT CERTAIN 10.713 ACRE TRACT OF LAND DESCRIBED IN DOCUMENT NO. 985383 OF THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS, SAID 10.713 ACRE TRACT BEING A PORTION OF LOT 21, SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 2.40 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOLTNI)S Ac FOLLOWS: COMMENCING at a 5/8 inch iron rod, previously set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", at the northeast corner of the remainder of said 10.713 acre tract of land and the northwest comer of that certain 76.093 acre pact of land described in Document No. 2005027968 of the Official Public Records of Nueces County, Texas, same point also being on the south boundary line of that certain 55.955 acre tract of land described in Document No. 1998053979 of said Official Public Records, and same point being the common comer of Lots 9, 10, 21, & 22 of said Section 26, and from said common corner, a 5/8 inch iron rod, found, on the common boundary line of Lots 21 and 22, bears South 28°43'30" West, a distance of 13.47 feet; THENCE, South 28°43'30" West (Record =South 29°00'00" West), with the east boundary line of the remainder of said 10.713 acre tract of land, same line being the west boundary line of said 76.093 acre tract of land, at a distance of 13.47 feet pass said found 5/8 inch iron rod, at a distance of 20.00 feet, pass the south boundary line of a 40 feet wide roadway easement (unimproved), recorded in Volume A, Pages 41-43, of said Map Records, in all a distance of 170.00 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southeast corner of Parcel 16 and the northeast corner of this easement, same being the POINT OF BEGINNING; THENCE, South 28°43'30" West continuing along said east boundary line of the remainder of said 10.713 acre tract of land, same line being the west boundary line of said 76.093 acre tract of land a distance of 77.90 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southeast corner of this easement; EXHIBIT' A ~nitiels~ 06/18/2007 Page 2 of 2 THENCE, South 74°19'11" West, a distance of 198.92 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for a corner of this easement; THENCE, North 86°23' 14" West, a distance of 322.90 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southwest corner of this easement, same point being on the east boundary line of that certain 3.5 acre tract of land, as recorded in Document No. 985385 of said Official Records; THENCE, North 28°45'08" East, with the east boundary line of said 3.5 acre tract of land, a distance of 353.65 feet, to a point, for the northwest corner of this easement, same point being the southwest corner of said Parcel 16; THENCE, South 61 °20' 15" East, with the south boundary line of said Parcel 16, a distance of 434.32 feet, to the POINT OF BEGINNING of the herein described easement, said easement contains 2.395 acres of land, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right-of--way line of County Road 7B. A survey plat of even date was prepared and is made a part of this metes and bounds description. All references to record data (Record = ***) indicate information as cited in Document No. 985383 of the Official_P}~lRecords of Nueces County, Texas. Maverick Engineering~~ Iii~r;~•' ~ ° ~ ~ ~ `s t~ ~0~ i ~ `' ~ :::::::::.:::....::::::::~ :~ varyxvon icayner, x.r. ,a,~~°G •`~~* June 1 S, 2007 ~°'=-L' ° "' ~.,,: d~r# ~~t~'f lZ~~ ~~ .!~r ~ _ .- Initiels~ NOTE'S 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right of way line of County Rood 7B. 2. Area 2.395 acres (104,332 S.F.). 3 5/8 inch iron rod set with o plastic cap stamped ANVERICK ENGR. VICTOR/A, 1X BOUNA4RY MARKER; of all property comers, unless otherwise noted. 4. All references to record data (Record = •••) indicate information os cited in Document No. 985383, O.P.R.N.C.T. 5. This tract is subject to a blanket Electrical Easement os recorded in Volume 1538, Page 697, D.R.NC.T. 1, Gory Don Rayner, hereby cerfi the foregoing map was prepared from o ,pm ~' - the groi under my direction and th '61~.is; {rlte`.~q{j ~i~orrect. . q.5,,.. ` ~, `4r.,~~ .` - ~u __.. °. 1.. ,...~ ,~ o ,~ ,~ ,•.~• AC. S0. Fi. Total 7roct 7.213 314,196 Ac wired 2.395 104 33? emaln er 4. 0 , Parcel 18 Inundation Drainage Easement • MAP TO ACCOMPANY METES & BOUNDS DESCRIPTlON.• Being a ?.395 acre (104,332 S.F.) tract of land out of the remainder of that certain 10.773 acre tract of land described in Document No. 305529, Ofrciol Records o! Nueces County Texas, said 70.713 acre tract being o portion of Lot 21, Seetian 26 of the Flour Bluf( and Encino) Farm and Gorden Tracts, o mop of which is recorded in Volume A, Pages 41 -43, of the Mop Records of Nueces County, Texas. Dote: June 18. 2007 7EL: 361 289 1385 MAVERICK rax.POi ~z eos4 ENGIIi88RWG, INC. CORPUS CHRISTI, TEAS 78489 EXHIBIT B