The URL can be used to link to this page

Home My WebLink AboutC2008-395 - 5/13/2008 - ApprovedStewart Title of Corpus C tl, Inc. pGIGINA! THE STATE OF TEXAS ~~~~~~® DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DI V[SION Master ChamKl 27 Drainage Imp. #2263 Parce111B Utility Easement D°°# 20081D41 1 1 a KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT, Calvary Chapel of the Coastlands, a Texas Nonprofit Corporation ("Grantor"), of 3001 Rodd Field Rd, Corpus Christi, Nueces County, Texas, 78414, in consideration of $10.00 (TEN DOLLARS), and other good and valuable consideration, paid by the City ofCorpus Christi, ("Grantee") of 1201 Leopazd Street, Corpus Christi, Nueces County, Texas 78401, the receipt of which is hereby acknowledged, has conveyed, and does convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for the Utility Easement attached and incorporated as "Exhibit A". (Premises) A map showing the location ofthe UTILITY EASEMENT is attached and incorporated as "Exhibit B". See Parcel 11B SPECIAL PROVISIONS: The City of Corpus Christi agrees to restore the land within the easement area to the same condition as existed prior to construction. All construction is to be done in a prudent and workmanlike manner. See Utility Easement Additions, attached and incorporated herein by reference. Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees to construct, service, repair, maintain, inspect, lay, operate and keep public utility lines under, on and along said easement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, and franchisees for the use as a UTILITY EASEMENT andright-of--way for so long as used for such purpose, and ifthe use ofsaid easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. Grantor Calvary Chapel of the Coastlands, a Texas Nonprofit Corporation 2008-395 05/13/08 Roger D. Carver, President M2008-118 Calvary Chapel of the Coastlands ester Channe127 Draioage\Parcel 11B\Urility Easement.doc THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ ~~ , 2008 by Roger D. Carver, President, of Calvary Chapel of the oC+ astlands, a Texas Nonprofit Cor oration. LORI A ZACHER MY COMMISSION EJ(PIRES ` .~~~L,'p,,\ii°' March 6.2011 Notary Public in d or the State of Texas [S~l ~ ACCEPTED for the City of Corpus Christi, a municipal corporation and bo~politic under the laws of the State of Texas, on Grantee CITY OF CORPUS STI, TEXAS P. O. x 9277 City Hall, 1201 pard, THIRD FLOOR Department f Engineering Services PROPERTY AND AND ACQUISITION DIVISION Corp Christi, Texas 78469-9277 Kevin Stowers, Interim Duector Department of the Engineering Services THESTATEI COUNTY OF. This ins nt was acknowledged before me on , 2008 by Ke ' towers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas manic' al corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] H:U-IOME1NommR\PROIECTW2263 Master Chsnne127 Draimge\Parcel 11B\Utility Eesement.doc FA OP ~ of i THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008 by Roger D. Carver, President, of Calvary Chapel oft oastlands, a Texas Nonprofit Corporation. Not blic in and for the State of Texas [Seal] ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on .2008. Grantee ~~~~- I ~ D AUTHOKILt~ er eounca.. 5 13 oB .~ ECRETAR~. CITY OF CORPUS CHRISTI, TEXAS George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008 by George K. Noe as City Manager of the City of Corpus Chri tt a exas municipal corporation, on behalf of said corporation. ( ~G~~~ \~ Notary Public in and for the State of Texas [Seal] ATTEST: ARMANDO CHAPA, CITY SECRETARY 'E6'"`~ii.; IXIDMIEPAHKS *i °` MY COMMISSION EXPIRES _:~~~` NoYemAer9,2011 H:WOMEWortnaRNROIEC7Vt2263 Mater Channel 27 Drainage\Parcel I lB\Utility Easement..dac APPROVED AS TO LEGAL FORM, THIS DAY OF , 2008. FOR THE CITY ATTORNEY By: ~ P Veronica OcacTas, Assistant City Attorney CITY LEGAL DEPARTMENT H:\HOMEWormaR\PROJEC7'W2263 Mesta Cheone127Ihainege\Percel I IB\UNity Easemen[.doc Paon i ~f i UTILITY EASEMENT ADDITIONS 1. Reservations From and Exce lions to Conve ance and Warrant .The following reservations from and exceptions to conveyance and warranty will apply to the easement: (1) Exceptions: Easements, rights-of--way and prescriptive rights, whether of record or not; the rights of the owners of the mineral estate in the Easement Property, all presently recorded and valid instruments, other than surface estate encumbrances and conveyances, that affect the Easement Property, all laws, ordinances, rules, and regulations applicable to the Easement Purpose or the Easement Property, and any conditions that would be revealed from a physical inspection of the Easement Property by a surveyor with actual notice of the Easement Purpose. (2) Reservations: (A) Use for Non-interfering Purposes. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface and subsurface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement, including but not limited to, upon written notice to and consent of the Grantee, the City of Corpus Christi, the right, to build upon and use the surface of the easement area for private streets, walks, gardens, planting, or parking areas, and other like uses that do not interfere or interrupt the Grantee's use or enjoyment of the easement, and, upon written consent of the Grantee, the City of Corpus Christi, the right to dedicate all or any part of the surface of the subsurface easement area for a public use as a street, road, or alley, subject to this easement. Grantor shall not: (a) construct or maintain any building on the tracts; or (b) impair or interfere with the present or prospective exercise of any rights granted to Grantee under this easement. (B) Non-exclusive Easement. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to convey rights and easements to others for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 4. Restoration. Afrer work, Grantee covenants and agrees to restore the surface to its original condition, including but not limited to covering with good soil for growth of vegetation, sodding and seeding for new grass cover. 5. Removal of Obstructions. Grantee may remove all obstructions that may injure, endanger, or interfere with the Grantee's rights herein. 6. Indemnity by Grantee. To the extent permitted by the laws and the Constitution of the State of Texas, Grantee shall indemnify Grantor against any liabilities, claims, demands, or damages, to the extent such loss or damage is caused by any wrongful or negligent act or omission of Grantee, its agents, or employees in the course of their exercise of rights granted by this instrument. 041808 U EAdditions -Calvary Church I I /20/06 Page 1 of 2 Rev. 12/07/2006 Rev. OI/09/2007 STATE OF TEXAS COUNTY OF NUECES PARCEL 11B 15' UTILITY EASEMENT BEING A 0.095 ACRE (4,125 S.F.) TRACT OF LAND OUT OF BRANDYWINE SOUTH UNIT 1, BLOCK 1, LOT 2, A MAP OF WHICH IS RECORDED IN VOLUME 57, PAGE 36 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID BRANDYWINE SOUTH, UNIT 1, BLOCK 1, LOT 2, BEING OUT OF LOT 8, SECTION 20, 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 0.095 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point, for the southeast corner of this tract, same point being on the south boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, same line being the north boundary line of that certain remainder of 8.34 acre tract of land as recorded in Volume 1905, Page 397, of the Deed of Trust Records of Nueces County, Texas, from which a 5/8 inch iron rod, found, on the west right-of--way line of that certain 120 feet wide dedicated roadway known as Rodd Field Road, same point being the southeast corner of said Brandywine South, Unit 1, Block 1, Lot 2, same point being on the north line of that certain 0.690 acre tract of land described in Volume 2337, Page 334 of the Deed Records of Nueces County, Texas, bears South 61 ° 19'29" East a distance of 440.00 feet; THENCE, North 61°19'29" West (Record =North 60°55'30" West), with the south boundary line of said Brandywine South, Unit 1, Block I, Lot 2, same line being the north boundary line of the remainder of said 8.34 acre tract of land, a distance of 15.00 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 tract, from which a PK Nail, set, for the northwest corner of the remainder of said 8.34 acre tract of land, bears North 61°19'29" West, a distance of 115.00 feet; THENCE, North 28°38'05" East, leaving the south boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance of 115.00 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for an interior corner of this tract; THENCE, North 61°19'29" West, a distance of 145.00 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 tract, same point being on the west boundary line of said PARCEL 119-rev.doc ~~}"i'B~T Initials ~f 11/20/06 Page 2 of 2 Rev. 12/07/2006 Aev. 01/09/2007 . . L ry Yt~r>s~d =.,t~F~ ,. ~;~~~`~te~~s~ti ~'lani ~,) r f ti ~\Lt ...ti'.~~~.. Brandywine South, Unit 1, Block 1, Lot 2, same line being the east boundary line of that certain 16.811 acre tract of land as recorded in Document No. 2006031089, of the Official Public Records of Nueces County, Texas; THENCE, North 28°38'05" East (Record =North 29°04'30" East), with the west boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance. of 15.00 feet to a point, for the northwest comer of this tract; THENCE, South 61 ° 19'29" East, leaving the west boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance of 160.00 feet, to a point, for the northeast comer of this tract; THENCE, South 28°38'05" West, a distance of 130.00 feet, to the POINT OF BEGINNING of the herein described tract of land, said tract contains 0.095 acres, 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 Rodd Field Road. Subject tract described herein is proposed as a I S' Utility Easement. 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 Volume 57, Page 36, of the Map Records of Nueces County, Texas, Maverick Engineering, Inc. t PARCEL I IB-rev.doc R.P.L.S. 5630 ~r 07, 2006 ?Revised Adjoiner 09, 2007 -Revised Adjoiner i./91 1~1.J~ e -~ Er `oO~UH jN~3 ~~tCa oV y3 ~' lrl EL ~ W ^w ~Q h V J ~ S G N~ ~~O O~ 'o Monument bond or Sef W r l nW o' `~ ql O 2 n5 3.754 Acres out o/_ Lots 8, Sec. 20 ~ Brandywine South Unit 1 Block 1, Lot 1 Vol. 57, Pg_16, M. R.N.C. J II III- IO' Utility Easement ~'/ (VaL 57, Pg. 36. MR.NC.T) i 5r 0' Temp. Cons6 Easem=nt ~I_IIL S 61'1929'~E ~' IN 61'1929" W W 145.00' ~ O nN~ll ~~ o Z 1 ~ PK Noi/ Set 2 _~ 1 - - ~~ 61'79'29 W 115.00' I N 81'1929' W he Vineyards I 15,00• Unl t 2 I (Record = N 60'55'30' W) Vol. 62, Pg. 76, M.R.NC.T. I 60.0'----I ~' Brandywine South Unit 1 Block 1, Lot 2 I m Vol. 57, Pg. J6, M.R. N.C.T. I 0 (Record Owner: Co Nary Chapel of the Coest/ands) 4,' "~ ro O 'Y ~ ry o Parcel I1 B o ~- 0.095 AC., 4,7 S S.F. ~ ~ ~' -~NO Monument Found or Set ~ IfW =--15' Utility Easement , 0 ~ ~ 50' Temp. Const. Easement .~ -- __ N - IO' utility Easement -~NO Monument Found ar Set (Vol. 57, P~36 MR.NC.T)_ 5/6` Iron - ~_ ~ROd Fou(~d C~ -S 61'19'29` E-440.(X!' D & E Development Corporation Remainder o/ 6.34 Acres auf oI Lots 9 & )0, Sec. 20 F.B. & E.F. & G. T. Vol. 1905, Pg. 397, D.TR.KCT. Vol. 2337, Pg. 334, D.R.NCT. NOTES: 1. Bearings ore based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right-o/-way line of Rodd Field Rood. 2. Area = 0.095 Acres (4, 125 S.F.) 3. Temporary Construction Easement Areo = 0.827 Acres (36,002 S.F) 4. 5/8 inch iron rod set with a plastic cop stomped "MAVERICK fNGR. VICTORIA, TX, BOUNDARY MARKER" of o/I property corners, unless noted otherwise. 5. All re/erences to record data (Record = '"") indicate inlormotion os cited in Vol. 57, Pg. 36, M.R.N.C.T. 6. Subject tract shown hereon is proposed as a 15' Utility Easement. 1, Miguel A. Escobar, hereby certi/y that the foregoing mop was prepared from o survey, mode on the ground, under my direction and that it is true and correct. Maverick Engineerirtg`,ROtyt~',_;~"_' . ~_'~` C r Migue AlP:L:S-`5630 _ Revised December ~," ~Ofiu Add~i;" TLS Aretis Revised /onuary 9,;:20(7`in.'~~~'Adioirigr Inlormotion . ea w':~: "~~ - goo .. Parcel /fA O k E Development Corporation t 0.690 Acres out oI Lots 9, Sec. 20 F.B. & E.F. & G. T. Vol. 2337, Pg. J34, 0.R.N.C.T. _ A~l'._ S0. FT. Total Tract 12.305 536,006 Acquired 11A 0.383 16,675 11 B 0.095 4.125 Remainder 11.827 515,206 Parcel 11 B 15' UTILITY EASEMENT MAP TO ACCOMPANY METES & BOUNDS DESCR1PT10N.• Being o 0.095 acre (4, 125 S.F) tract of land auf o/ Brandywine South, Unit 1, Block 1, Lot 2, o mop o/ which is recorded in Vo% 57, Pg. 36 0/ the Mop Records of Nueces County Texas, said Brandywine South, Unit 1, Block 1, Lot 2 being out of Lot 8, Sec. 20, Flour Blulf and Encinol Form and Garden TroctS, o mop of which is recorded in Volyym~~e~ A,;~~P 9~tp 43, of the Map Records of Nueces C.o4dtY..:~kb§~~.5'.:=,11.`1 y, ti., Dote: November 20. 2006 TEL: 361 289 1385 MAVERICK FAX: 361 269 07,2 P.0. 80X 9094 BNGINRRRING, INC. CORPUS CHRISTI, TE%AS 78469 I r •9 ~ 00 3 ;_~ m ~- ~~ y ~ici~ 5TATE DF TEXR5 CDNNTY DF N!~CES I hereby certify that this instr•uaent ;+as FILED in file nu~ber sequence on the date and at the tiee sta~ped herein by ~e, and was duly REGARDED in the Official Public Records of Nueces County, Texas ' /1~i+Gkd1._.f ~~~ DIRWa T. BAREARA PNIECES COUNTY, TEXAS Anyy pprovision herein rich restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Reli~ian, Sex, Handicap, Fasilial Status, or Nat Tana. Drigin is invalid and unenforceable under FEDERAL LRW, 3i iC/53. Hock 2008041 1 1 3 k Pagges 9 09/10/?008 3:~2PM Official Records of NUECES CDUNTY DIANA T. HARRERA COUNTY CLERR fees 547.00