HomeMy WebLinkAboutC2008-475 - 12/17/2008 - NA`~
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THE STATE OF TEXAS
COUNTY OF NUECES
Utility Easement
Doc# 2008054608
DEPARTMENT OF ENGINEERING SERV ICES
PROPERTY AND LAND ACQUISITION DIVISION
Waod River LiR SteGOn Up$ades, #7148-Parcel 7
KNOW ALL BY THESE PRESENTS:
THAT, WAL-MART REAL ESTATE BUSINESS TRUST #464, of 2001 S.E. lOs' Street,
Bentonville, Benton County, Arkansas 72716 in consideration ofTEN 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 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 subject to the
Addendum defined herein, 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 WTI'H TWO (21
TEMPORARY CONSTRUCTION EASEMENTS is attached and incorporated as
"Exhibit B".
The Temporary Construction Easements abut the permanent Utility Easement on its
north and south sides. The northern Temporary Construction Easement is 9' wide
and contains 9,953.74 squaze feet. The southern Temporary Construction Easement
is 16' wide and contains 16,641.57 square feet. The combined Temporary
Construction Easement contains 26,595 square feet.
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: i) one yeaz from the start of
construction on the premises or ii) upon completion and acceptance of the Wood
River Lift Station Upgrades- & Force Main Extension project by the City Manager of
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the City of Corpus Christi, Texas, whichever occurs first.
Grantee acknowled eg s and agrees that the Easement granted hereunder is subj ect to
all terms. conditions, reouirements and obligations set forth in the Addendum
attached hereto as Exhibit "C" which exhibit is incoroorated herein for all nurooses
(the "Addendum").
2008-475
12/17/08
wd River LiR Smion~Parce1 TUE TCE.WaIMert.doc
Wal-Mart Real Estate Bus. Trust
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.
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 and right-of--way for so long as used for such purpose, and if the use ofsaid
easement and right of way is ever abandoned, then the aforesaid rights and privileges cease.
Grantor
Wal-Mart Real Estate Business Trust #464
By:
lure)
Print Name: ~ ~~1~-('ESL `~
Print Title: ~ d ~ 5l) o eJ /~i4ryA-LyE6L
THE STATE OF ARKANSAS..
COUNTY OF BENTON
This instrument was acknowledged before me on i~xk.cet,tilrc t" ~ ~ , 2008
by ~ n~ +~rw(» , as ~i /t ~ vv~ 1/l0..ns~ ~~' of Wal-Mart
Reaps-fate Business Trust #464.
a].A.l CFL,~y~L~~-~.l
Notary ublic in and for the State of Arkansas
(Seal)
"NOTARYSEAL"
SUZANNE ZAMASTIL
State of Arkansas, Benton County
H:\HOMEWormaR\PROJEC11k7148 Wood River LiR Staion\Parcel TUE_TCE.Wa1Mari.da My Commission Expires i 1f 112075
Page 2 or7
ACCEPTED for the City of Corpus Christi, a mun/icipal corporation and body politic under the
laws of the State of Texas, on ~~~8/J~/~w' ~ 7, 2008.
Grantee
CTTY OF CORPUS CHRLSTI, TEXAS
P. O. Box 9277
City Ha11,1201 Leopazd, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DMSION
Corpus Christi, Texas 78469-9277
fz
Stowers, Interim Director
it of the Engineering Services
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on //~GG~J~i-Big" / ~ , 2008
by Kevin Stowers as Interim Director of Engineering Services ofthe City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
in and for the
sit':-~
of Texas
(Seal) t EUSEBIOGAFlZA,III C ~
' ai MY COMMISSION EXPIRES
~.~;,~',~~.~ Feuluelyla,2aos
APPROVED AS TO LEGAL FORM, THIS ~ DAY OF 2008.
FOR THE CITY A/TfT/ORN/EY
By:
~~11~~
Veromca Ocadas, Assistant City Attorney
CITY LEGAL DEPARTMENT
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Page 7 of 7
woos RIVBR LIPf STATIOx UPGRADES AND
FORCE MAIN EXTENSION
CITY PAOIBGT M 714f
PARCEL 7
STATE OF TEXAS
COIINTY OF NUECES
HEING A 1S FOOT WIDE STRIP OF LAND, CONTADiII4G 16,491.21
SQIIARE FEET (0377 ACRES), ODT OFLOT 1A BLACK 3, NQSCES
TOWNS WEST, A MAP OP WffiCH IS RECORDED DI VOLUME 60,
PAGE 66 AND 67, OF TSE MAP RECORDS OP NOECES COIINIY,
TERAS, THIS TRACT' BEIIiG MORE PARTICQLARLY DF.SCRIDED BY
METES AND BODNDS AS FOLLOWS:
7k fo6mris{ dneriptisa auospmb aed h a part da aepwh e:Y~it nap.
9nrLp an hard oa the Saw Caordhute h}ahm, SoaahTiae (4205), NAD 07, and nfereeeed b
the mosarmbed aoath hamdary Sae d rid Naeer Tecate Weer
Rewrd idorwtlon b pareathrsb () retina b the raorded map dNatw Towne Wean
BegiaNog, el a poim m the art boundary line of rid Lot lA, name line being the went rightof-
way line ofU.S. Highway No. 77, for the upper wuthaat ootner dthia uad,from width comer
a 5/B inch iron rod found for the aoutheaat oornar of acid Lot lA ban Saab 04°19'27" West
(Record a South 03°20' 11" Weet~ ^ dimnce of 16.05 feet;
Thma, North 84° 55' 03" West, a diataoce of 1,08.43 they to s point for a aorna of this tract;
Thma, South 50° 04' S7" Weay a dipance d 21.45 feet' to ^ paint on the south botmdery ISae
of avid Lot lA, aema line bring the north boundary Nne of Lot 7, Seaion 1, Ntraas River
Irrigation Perk, a map of which is recorded in Volume A, Page 54 of the Map Records ofNuaas
Coumy, Twins, for the lows aouthart coma afthis tract;
Theaea, North 84.52' 02" West (record ~ North ti4°12'35" Weet~ with the common bouedery
line of said Lou 1 A tad La 7, a distance of 21.19 feet to s point an the aid common boundary
line of Lou lA and 7, for the aoufhwat corns ofthia tract from which pohn s 5/B inch iron rod
fiuod for the aauthweat cane of said Lot lAban North 84°52'02" West' ^ dia4nce of 146.85
feet' and from which poim a 45 inch iron found ~ line bean North 84°52.02" Weay a dirtence of
893.70 foal;
EXHIBIT "A"
H:\f10MEWonnaR\PROJECTM7148 Wood River Lift Staion\Parcel TUE TCE.Wa1Mart.doc
Page 4 of 7
77taee, North 50° 04 ST ~ t dirttnro of 42.64 bd b a pout far the oottuweq caner of
thb ltscK
1tiac0. Solth S4°55'03" Fip, t tliWeoee of 1,064.44 bet b t pout of the ak botmdtry lim of
still Lot lA, acme lice 6eutg tLe tbremmtioted wroet tight-oPwsy line of US ~Inuty No. T7,
for the notllteut cotnr of thit tract
7letee. Souh 04°19'2T War ([ecad = 9oWh 03°ZO'll" Wets a ditntce of 15.00 feet b the
post d aed 16,402.21 tgeue bet (0.377 taa) of hnd.
PyleJk Aaociatm, Ix.
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J Jo Py1e~L.S. !!4660 '': ~?M ~~ •fr*,~`
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EXHIBIT "A"
H:\HOME\NOrmeR\PROlEC71#7148 Wood River Lifl Staion\Pvcel TUE_TCE.WeIMert.dac
Page 5 of 7
RECORDER'S MEMORANDUM
A[ the time of recordation, this instrument was
found to be inadequate for the best photographic
reproduction because of illegibility, carbon or
photocopy, discolored paper e.t.c. All blockouts,
additions and changes were present at [he time [he
instrument was filed and recorded.
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EXHIBIT `eB"
H:UiOMEINormaRIPROJECTW7t48 Wood River Lift Staion~Parcel TUE TCE. WalMartdce
Page 6 of 7
Addendum to Easement Agreement
Notwithstanding anything to the contrary in the attached document
Grantee agrees to use due care in any use of the Easement herein granted and in the construction, installation,
repair, replacement and maintenance either Grantce's improvements or the Easemrnt area as provided for
herein so as not to unreasonably disturb Grantor's use of its property. Grantee agrees to return the Easement
area to its condition which existed prior to the installation of any of its improvemrnts in the Easement azea,
including but not limited to the replacement of any sod, landscaping, paving or other improvements that existed
within the Easement area prior to such installation.
To the extent not prohibited by the Constitution of the State of Texas, Granke will forever waive and hold
Grantor harmless for, and defend Grantor against, any claims, losses, causes of action, and suits which arise
from Grantee's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the
Easement herein granted and will indemnify Wal-Mart for any losses suffered due to any such claims, losses,
causes of action or suits.
The Easement granted hereunder is a pemumrnt easemrnt and will continue in full force and effect so long as
the Easement is used by the Grantee, its successors and assigns. Notwithstanding, upon sixty (60) days written
notice to Grantee, Grantor shall have the right at its sole option and expense to relocate said Easement and
pipeline upon Grantor's property, and, after the Easement and pipeline have bern relocated, Grantor and
Grantee shall amend this Easement to show the new location of the Easement.
Grantee shall not interfere with Grantor's business operations while utilizing this Easement. Grantee covenants
and agrees that Grantor's tract will not be used as a staging area and will not be used to store equipment,
trucks, dirt, supplies, etc.
Granke shall secure, maintain and comply with all required licenses, permits and certi6caks relating to, or
otherwise necessary or appropriate for, the construction, installation, repair, replacemrnt and maintenance of
either Grantee's improvements or the Easement area as provided for herein. Granke shall wmply with any and
all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including,
but not limited to, those governing the prevention, abakmrnt and elimination of pollution and/or protection of
the environment and the employment of its workers.
In exercising any rights and privileges under this Easement, Grantee shall comply fully with any federal, state
or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements
relating to storm water discharges or the control of erosion or sediment discharges from construction projects,
including but not limited to the Clban Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General
Permit for Discharges Associated with Construction Activities (collectively the "Storm Wakr Requirements").
Grantee shall (i) comply in all respects with all immigration laws, statutes, rules, codes and regulations,
(ii) properly maintain all records required by the United States Citizrnship and Immigration Services (the
- 5"): -Grandee shall requrr~atl subcontractors performing any work on Granke's improvemrnts or the -
Easemrntarea as provided for herein to make and abide by the covenants set forth in this paragraph.
in the event any provision of this Addendum is contrary to the Easement, the terms of this Addendum shall
control.
EXIiIB1T "C"
H:\HOM E\NormeR\PROJEC7V17148 Wood River LiR Steion\Partel TUE_TCE. WalMeredoc
Page 7 of 7
Pad-3si~
C~r~ ~~~fi~~t ~7~~~~1
L STATE DF TEXAS
pRIGiNA DDIAITY DF N1EDE5
I hereby certify that this instruaent was FILED
in file nuaher sequence on the date and at the
tiae stooped hereto br ae, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
DIANA T. BiWIERRA
NIECES CO117fY, TEXAS
An ovision herein which restricts the Sale, R
ental or use
of the described RERL PRDPERTY because of Race,
Colors
Religto~t Sex, Handicap, Faailial Status, or Nat
Tonal Origin
is invalid and unenforceable under FEDERAL LAW}
3/12/89.
DoN 2008054608
t Pages B
12/17/2888 4:84PM
Official flecords of
NIECES COIIlITY
D~yT~RA
Fees f43.8B