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Home My WebLink AboutC2008-476 - 12/9/2008 - NA0 R I~G I NA L ~~~# ~~~8~~35'e Utility Easement THE STATE OF TEXAS DEPARTMENT OF ENGMEERMG SERV ICES PROPERTY AND L4ND ACQUISITION DNISION lue Fuhon Cortidor L'E, 7195008 KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT, FLINT HILLS RESOURCES, LP a Delaware limited partnership, herein called "GRANTOR", of 4111 East 37`" Street North, Wichita, Kansas 67220, in consideration of ONE DOLLAR and no cents ($1.00) paid by the CITY OF CORPUS CHRISTI, herein called "GRANTEE", of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469-9277, the receipt of which is hereby acknowledged, 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 is attached and incorporated as "Exhibit B". 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. The right of way and easement and rights hereby granted aze subject to all other easements, exceptions, reservations, rights, and encumbrances either of record or evidenced physically on GRANTOR'S premises, and aze granted without any warranty of title, express or implied, by GRANTOR. 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 of said casement and right of way is ever abandoned, then the aforesaid rights and privileges cease. 2008-476 12/09/08 Flint Hills Resources eltings\Temporary Imemet Fiies\OLK92\UE_Flint Hills Resources LP.doc Grantor Flint Hills Resources, LP sy: ~ ~~ Name: ~~~~<::~~ ~\\~~~i~r;~ Title: ~PI,~;14_.:~~c.~i,.~`~~ ~'~c~.e,cy- THE STATE OF ~~~~-~ COUNTY OF ~ ~- ~~ ~~jrk~ BeveAy A Roger a ; !"s Notary Public, State of Texas ~.y~. :i My Commission Expires: May 2, 2009 This incstr/u~m~ent was ackno~wledg/ed before me on ~~~`°~-~~ ~9 , 2008 by r~ 1.~~.-,-~. fit- ~~~! f~ c S of Flint Hills Resources, LP, a Delaware limited partnership, on behalf of said limited partnership. a~l~~-- Notary Public in and for the State of ~~.~~ (Seal) ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on ~~c~~'"i /~Gr 9' 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 the Engineering Services C:\Daruments and Srningslolsona\Local Servings\Temporary Intemel Files\OLK92\UE_Flint Hills Rrsources LP.doc Page 2 of 6 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~~G tm~j- ,Cr 9 , 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. ~'~~ "' EuSE810GARZ0.lu lic in and for the State~f eras (Seal) €'4F '` ty~'e MY COMMISSION E%PIRES ~~,9t ~~;= Febuary 14, 2008 /~ ~~ APPROVED AS TO LEGAL FORM, THIS ~"`! DAY OF '` 008. FOR THE CITY ATTORNEY ~/~J~I~~j ~,~ Veronica Ocanas, Assistant City Attorney CTI'Y LEGAL DEPARTMENT C°.Documenls atxl Selting$\nlsona\Local SeningslTemporary Imemet Files\OLK92\UE_Flint Hills Resources LP.doc Page 3 of 6 ~x~,b,~- 15' UTILITY EASEMENT STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 16,528 SD. FT. (0.36 AC.) of land out of a 134.19 Acre tract described in Volume 2125, Page 277 of the Deed Records of Nueces County, Texas; and a 2.156 Acre tract described in Document #2004035681 of the Official Public Records of Nueces County, Texas and being out of the D. Martinez Survey 420, Abstract 857, Nueees County, Texas. This 0.39 Acre Tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod being the intersection of the south right-of-way of McKinzie Lane with the proposed east right-of-way line of the Joe Fulton Trade Corridor; THENCE S87°23'19"E along the said south right-of-way line a distance of 19.90'to a Point, being the northeast corner of this tract; THENCE S43°41'Ot"W a distance of 112.69'to a Point, being an angle point of this tract; THENCE S08°52'34"W a distance of 309.85' to a Point, being an angle point of this tract; THENCE S05°25'57"W a distance of 680.13' to a Point, being the southeast corner of this trail; THENCE N88°44'26"W a distance of 15.04'to a Found 5/8"Iron Rod on said proposed east right-of-way line of the Joe Fulton Trade Corridor, being the southwest comer of this tract; THENCE N05°25'57"E along the said proposed easterly right-of-way line a distance of 681.68' to a Found TxDot Highway Monument, being an angle point of this tract; THENCE NOS°52'34"E continuing along the said proposed easterly right-of-way line a distance of 315.00' to a Set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX", being an angle point of this trail; THENCE N43°41'01 "E continuing along said proposed easterly right-of-way line a distance of 104.32'to the POINT AND PLACE OF BEGINNING and containing 16,528 SQ. FT (0.38 AC.) of land. EXHIBIT A Bearings are with reference to Grid North as per survey performed by HDR -Shiner Moseley and Associates, Inc. dated 08/24/06 State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 13T" day of November, 2008 Q . ~ ~ ' Z ~ F T t~ 1, Russell D. Ochs F 4p''oisrF •.;h y,•P~ ~ gso94, ' State of Texas License No. $,241 • RUSSELL; D..QCFIS, ( q9~ $241 ,w`:•~i EXHIBIT ~ ~~ hl~.~- N E SET 5/8' IRON ROD WITH PLASTIC 8 CAP MARKED 'CITY BEARINGS ARE WITH pF CORPUS CHRISTI REFERENCE T^ GRID TEXAS' l NORTH AS PER SURVEY ` BY HDR - SHINER MOSELEY AND ASSOC., INC. DATED 8/24/06. FOUND TxDOT MONUMENT, - Q ~ Z O ,~ f-- ~ J ~ ~ Q C~ moo ~~ Z W W ~ Q ~ ~ ~ Q <L U v FOUND 5/8' IRON ROD. - w I~ - l~ D ~u Na ~~ 0 Z MAP TO ACCOMPANY FIELD NOTES ,o0 0 00 Scale In Feet 18' U.&. - JOE FULTON TRADE CORRIDOR AT f.X. 37 OWNER: FLINT HILLS RESOURCES, LP - DOG. 12002001198-99 BEING A TRACT OF LAND CONTAINING 16.528 SO FT (0.38 AC) OUT OF DEEDS RECORDED IN VOLUME 2125, PACE 277 Of THE DEED RECORDS Of NUECES COUNIY, TEXAS ANO DOCUMENT 1/2004035681 OF THE OFFICIAL PUBLIC RECORDS OF NUECES C OUN7Y, TEXAS. POINT OF BEGINNING FOUND s/8' S87'23'19"E IRON ROD. 19.90' ~~, MCKINZIE LANE ~~°yti ~ w ' 134.19 AC. RESIDUAL OF 138,25 AC. TRACT ~ VOL. 2125, PG. 277 ' ~ D.R,N.C.T, I ~~- EAST BOUNDARY ^F 2,158 AC. PARCEL ' DOG. #2004035681 O,P.R,N.C,T, 15' UTILITY EASEMENT 16,528 SQ. ET. (0.38 AC>) I 3 n~ ~n Y n ~ ~' 0 134.19 AC. RESIDUAL ^F 138,25 AC. TRACT VOL. 2125, PG, 277 D.R.N.C.T. ' rvaa 15.04' 40 AC. PARCEL VOL. 1810, PG. 224 D.R.N.C.T. CITY of CORPUS CHRISTI, TEXAS Department o/ Engineering Services °" Survey Division J6l-826-3500 OVM1~ 09/0.!'/0! _. nA:\IMtl NPaKC15 J\MMIER\ Orn.n er a. oclrs \+xnArox-e.ONG cn.eavs eF a H[.sum, ale/«C DINJ - 10' V.[. - /OE n21b/ aJFMWR ~~ I OF i '44'26"W ~XHIBI~' ~ City of Corpus Christi ~~ Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 wv Corpus Christi, TX 78469-9277 STATE OF TEXA5 COlR1TY OF NUECES I hereby certify that this instru®ent was FILED in file nuaber sequence on the date and at the ties sta~ped herein 6y ~e, and was duly RECDRDED in the Official Public Records of Nueces County, Texas ~.( ~ A (~y~..R.d~.R~Jti.+' Diana T. Barrera NiIECES CO(NJTY, TEXAS Any provision herein which restricts the Sale, R en a or use of the described REFk PROPERTY because of Aace, Color, Religion, Sex, Handicap, Faailial Status, or Nat Tonal Drigin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2008053578 # Pages 7 12/10/2008 2:42pM Official Records of FXIECES CIXINTY DIANA T. BAA~RA COlkdTY CLERK Fees f39.00 p R I G I N A L