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HomeMy WebLinkAboutC2008-421 - 11/17/2008 - NADoc# 2•@@8@5@7@1 ORIGINAL THE STATE OF TEXAS COUNTY OF NUECES Utility Easement DEPARTMENT OF ENGRJEERMG SERVICES PROPERTY AND LAND ACQUISITION DNISION Wood River Litt Station Upgrades, #7148 -Parcel 4 KNOW ALL BY THESE PRESENTS: THAT we, Johnny C. Wilson, Jr. and wife, Linda Fromme Wilson, herein collectively called ("GRANTOR"), of 4856 County Road 69, Robstown, Nueces County, Texas 78380 in consideration of TEN DOLLARS ($10.00) paid by the City of Corpus Christi, ("GRANTEE"), 1201 Leopazd Street, Corpus Christi, Nueces County, Texas 78469-9266, the receipt of which is hereby aclmowledged, has granted and conveyed, and does hereby grant and 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 attached and incorporated as "Exhibit A". (Premises) A map showing the location of the Utility Easement TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT is attached and incorporated as "Exhibit B". The Temporary Construction Easement is further described as 30 foot wide, south of and adjacent to the permanent Utility Easement. Said Temporary Construction Easement is to be used for working room and storage of materials and machinery during the construction phase. The Temporary Construction Easement automatically terminates upon: i) one year from the date of recording, or ii) upon completion and acceptance of the Wood River Force Main project by the City Engineer or Designee, whichever occurs first. SPECIAL PROVISIONS: 1. Access to Irrigation Rights: Grantor has the right to cross the surface of the Utility Easement for the purpose of accessing Grantor's irrigation rights from the Nueces 1-Bisttti eans:-layingir . the surface or by excavating ditches not to exceed 36"below the grade of the surface. 2. Grantor's resaonsibility before dinging in easement area: Grantor agrees to notify TEXAS ONE-CALL for marking of utilities prior to digging within the Utility Easement area. 2008-421 11/17/08 Hood River Litt Staion\Parcel 4\UE_Wilson vrith Special Prov.doc Wilson, Johnny C.& wfe Linda F. 3. Grantee's access to the easement area: One 12' - 6 tube tublar gate will be installed for future access to the Utility Easement. The gate will be located at the northeast corner of the Grantor's east boundary. Grantor will be given 24 hours notice prior to entering the property. The gate will remain closed and locked at all times. 4. Restoration: The City of Corpus Christi agrees that the land within the easement will be graded to provide the proper east & south slope to accommodate irrigation. 5. Double Ditchine and eradine: The Grantee agrees to strip the farmable top soil, separating it from the unfarmable clay soil. After construction, the top soil will be returned to its original placement and depth. The land within the easement will be graded to provide proper east & south slope to accommodate irrigation. All construction is to be done in a prudent and workmanlike manner. 6. Fence Specifications: Attached and Incorporated as "Exhibit C." 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 Premises. 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 if the use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. Grantor Johnny C. Wilson, Jr. H:ViOMEWormaR\PROIECNt7148 Wood River LiR Staion\Parcel 4\UE_Wilson_with Special Prov.dac THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~P~1Xi1t ~ 7 , 2008 by Johnny C. Wilson, Jr. and Linda Fromme Wilson. XATRINA L. HAIEY Notary Public, State of Texas My Commission Expires October 1), 2009 Notary Public in and for the State (Seal) ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on i~~Y~1+..~u ~7 , 2008. Grantee CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DNISION Corpus Christi, Texas 78469-9277 ~~ Kevin Stowers, Interim Director Department of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES This instntment was acknowledged before me on ~ ~iti~s~'~i`Gt/ / 7 , 2008 by Kevin Stowers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. ' in and for the (Seal) ,'2 ~b+,t EU8E810 GAHZA,111 i ~ MYCOMMI8810NEXPIRES ~ FobNBry i~, 8008 4\UE_Wilson_with Spxial Prov.doc APPROVED AS TO LEGAL FORM, THIS DAY OF IVY/ , 2008. FOR THE CITY ATTORNEY Y~'n ~~/ By: u V~-'•~ Veronica Ocar~as, Assistant City Attorney CITY LEGAL DEPARTMENT H:WOMEWormaR\PROJEC'IW7148 Wood River LiR Staion\Parcel 4\UE_Wilson_wi[h Special Prov.doc WOOD RIVER LINT STATION UPGRADES AND FORCE MAIN EXTENSION CITY PROJE(,T #7148 PARCEL 4 STATE OF TEXAS COUNTY OF BEING A 10.00 FOOT WIDE STRIP OF LAND, CONTAINING 11,068.47 SQIIARE FEET (0.254 ACRES), OUT OF LOT 5, SECTION 1, NUECES RIVER IRRIGATION PARK, A MAP OF q-glCg y4 RECORDED IN VOLLiME A, PAGE 54, OF THE MAP RECORDS OF NUECE$ COUNTY, TEXAS, THIS TRACT BEING MORE PARTICITLARLY DESCRIBED BY METF-s AND BouNDS ws FOLwws: The fouorins description aceompaaies :nd u a part of a separate esh~N map. Bearisss m based on the monurseoted south boundary line of River Ridge, a map of which is recorded in Vohame 51, PaBea 38 and 39 of the Map Records of Naeoa County, Tezss. Beginning, at a poist on the sonth boundary lino of said River Ridge fm the northeast ofthis tract, same Point being the > of said Lot 5, Session 1, Nuecea River IRigation Park, and same Pint ~ the northrveat comer of Lot 6, Section 1, said Nnexs River paw, iinm which point a~ inch iron rod fond on yro south boundary line of said River Ridge Snbdivisia< same lip being the boundary line of said Lot 6 bears Soudr 84°09'00^ Eastp a distance of 65.09 fad Thssh:e, SaAh 10° 00' 00" West, with the common boundary line of said Lots 5 and 6, a distance of 10.03 foot, W a point, fior the southeast conger ofthis tract; Theaee, Naiir 84° 09' 00" west, a dismoce of 1,106.85 feet, to a point ~ the east right-of-way lice of that cattain 40.00 feat wide roadway, known as Co-mtY Road No. 69 (Hanel Bazemore Road), for the carnor of this tract; Thence, North 10° 00' 00" F.ae~ with said east right-of-way line of County Road No. 69, a distance of 10.03 ~ to a poi on the north boundary lice of said Lot 5 same line being the south aEorrrneaticned Rives Ridge, Sar the northwest caner of this Y !ice of of Lot 1, B1odc 6, said Rives Ridge; ~> sartb; point being the sotrthwest corner Thence, South 84° 09' oo^ ~ with said north Boundary lice Lots, mme lino being the soud- line of said Lot 1, st 935.92 Beet Hass a S/8 inch ;..ti....a a,...>a .... ,:__ ... _„ _ ~~._._- .... _~~' containing 11,068.47 square fieet (0.254 ass) of land. 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Notification: The City of Corpus Christi agrees that Grantor will be given 24 hours notice prior to commencing fence work. 2. Temporary Fence: The City of Corpus Christi agrees to construct a temporary net wire fence along the south boundary of the Temporary Construction Easement prior to removal ofGrantor's existing fence. Grantee agrees to select appropriate posts for the temporary fence which will contain Grantor's livestock south of the temporary fence during construction. 3. Permanent Fence: Upon completion of construction, a new permanent fence will be constrncted along the entire length of Grantor's north property boundary or as specified by Grantor. 4. Access gate: One 12' panel gate will be installed at the northeast corner along the east boundary. Before removine any existine fencine: 1. Each corner will have a corner and 2 brace posts set at the location of the temporary fence comers. Posts to be 10' in length with 8 - 10" tops (Minimum 8" tops) buried 4.5' and braced with 2 3/8"pipe countersunk into each post and tied with CD&I (or equal quality) bazbless cable. 2. Existing fence will be stapled and tied to temporary corners before any wire is cut. 3. Existing electric fence material may be utilized on temporary fence or new material of same specs as existing material maybe used. Construction specifications for permanent fence: 1. Outside of new posts will be no more than 3" inside property line. 2. Posts will be 12' centers with a pattern of 3 T-posts and a cedaz post. 3. Distance of 7' between each comer and brace post. 4. A new H brace will be installed at approx. 550'. Material specifications of permanent fence: 1. 16 Mountain Cedar posts 10' in length with 8 - 10" (Minimum 8" tops) tops. 2. 22 Mountain Cedar line posts 8' in length with minimum 6" tops. 3. 66 Galvanized T-Posts 6'/:'. 4. 4 rolls of Stav Tite 9-49-6-12 %z net wire. 6. 1 roll CF&I (or equal quality) bazbless wire. 7. 14 joints (7' ea.) 2 3/8 galy. Pipe. 8. '/4" rebaz to tension and tie braces. 9. Triple Galv. Clips. (wire ties) 10. Bekeart (or equal quality) Double barb 1 %" staples. 11.1 - 12' - 6 tube tubulaz gate H:\HOMEWormaR\PROJEC'(Vi7148 Wood River LiR Slaion\Parcel 4\UE_Wilson_wi[h Special Prov.doc STATE OF TEXR5 CIXINTY OF NL~ECES I hereby certify that this instruoent was FILED in file nueber sequence on the date and at the tiee stasped herein by ~e, and was duly RECORDED in the Official Public Records of Nueces County, Texas ORIGINAL City of Corpus Christi G P. O. Box 9277 f Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 a ~~ f`a~yf~ ,~' a ~~~ ' :m~• ! ~ DIRNA T BARAEAA NUECES CIXRdTY, TEXAS Rny provision herein which restricts the Sale, R en al or use of the described REW. PROPERTY because of Race, Colors Religgion, Sex, Handicap, Fa~ilial Status, or Nat Tonal Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2@08050701 N Pages B 11/18/2008 B:35AM Official Records of NUECE5 COUNTY D1ANR T. BARRERA COUNTY CLERK Fees 143.00 1