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Home My WebLink AboutC2008-507 - 12/31/2008 - NAORIGINAL STATE OF TEXAS COUNTY OF TRAVIS Doc# 2009000525 T THIS EASEMENT IS GRANTED .AND CONVEYED BY GRANTOR, AND ACCEPTED BY GRANTEE, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT MIGHT ARISE BY COMMON LAW OR BY THE PROVISIONS OF SECTION $.023 OF THE TEXAS PROPERTY CODE, AS WRITTEN OR HEREAFTER AMENDED. GRANTOR AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND/OR ECNCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS 78701-1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY IN WHICH THE EASEMENT AREA IS LOCATED. The Easement granted by this instrument is subject to the following conditions: (1) Prior to the construction of the water line, Grantor will provide to Grantee the specific location of their future driveway upon Grantor's property. Grantee, at Grantee's sole cost and expense, will insert that portion of the water line inside a protective sleeve or conduit below the grade of the future driveway. Once the driveway has been constructed, any future utilities placed within this easement will have that portion of the line placed inside a protective sleeve or conduit below the grade of the driveway line at Grantee's sole cost and expense. (2) Grantee will maintain the Easement Area in a state of good repair, safe condition and efficiency in an effort to prevent any damage resulting from its use to the Easement Area or to Grantor's adjacent property. (3) During the construction of the water line, Grantee will promptly replace and restore the easement area to the same or similar topographical condition that existed prior to construction. (4) Grantee shall promptly replace any irrigation water lines disturbed, damaged, or destroyed as a result of Grantee's disturbance of the surface of the Easement Area. (5) For any new utilities placed in the future or maintenance on any existing utilities within the Easement Area, Grantee shall make every reasonable effort to avoid the clearing or removal of any landscaping placed by Grantor. In the event ^ 2008-507 able to avoid the removal or damage of any landscaping, Grantee 13/31/08 Utility Easement-City of Corpus Christi, Texas Page 1 of 5 Veterans Land Board shall replace and restore the landscape area to the• same or better condition as existed prior to construction. Grantee hereby acknowledges Grantor's right to receive water for domestic use on Grantor's property by means of a maximum of three tap locations into the water line constructed on the easement. Grantor reserves the right to enter upon and use the surface of the Easement Area, but in no event shall Grantor use the Easement Area in any manner which interferes in any material way or is inconsistent with the rights granted hereunder. This Easement together with other provisions of this instrument shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. Grantee hereby acknowledges the intended use for Grantor's property and agrees not to impede the entry to or operation of the Cemetery for any reason. To the extent allowed by law, Grantee hereby agrees to release, indemnify and hold harmless Grantor, its successors and assigns, from any claims, demands, liability or damages and any expenses incurred by reason of the same, including reasonable attorneys fees incurred by Grantor, whether or not a suit is involved, in any way arising from or related to the construction of the waterline, or the maintenance of said waterline. Grantee hereby releases Grantor from any liability for damage to or interference with Grantee's waterline caused by any third persons. This instrument shall be binding upon and inure to the benefit of the heirs, successors and assigns of each of the parties hereto and should any provision hereof be invalid or unenforceable, the remaining provisions shall continue to be in full force and effect. The Easement may be executed in multiple counterpart originals with the same effect as if all signatory parties had signed the same document. All counterparts aze to be construed together and will constitute one and the same instrument, and the signature pages of each document may be attached to one instrument for convenience or for recording. SIGNATURE PAGE AND EXHIBIT FOLLOW REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Utility Easement -City of Corpus Christi, Texas Page 2 of 5 IN WITNESS HEREOF, Grantor has caused this instrument to be executed this 31st day of December ,2008. GRANTOR: THE VETERANS LAND BOARD An agency of THE ST TE OF TEXAS By and through: Larry L. Laine, Chie Jerk, Acting for: JERRY E. PATTERSON Chairman, Veterans Land Boazd Commissioner, General Land Office ,,~~~~jjContents: ~I,egal: ~ Deputy: Ezec: / ** Note to County Clerk: Property Code §12.006, combined with Government Code § 2051.001 authorizes the recordation of this instrument without acknowledgment or fitrther proof. AFTER RECORDING RETURN TO: Jason Nezamabadi Project Manager, Construction Services Texas Veterans Land Board 1700 North Congress Ave; Suite 700 Austin, Texas 78701-1495 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Utility Easement-City of Corpus Christi, Texas Page 3 of 5 '~ EahibitA-2 Pages NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT City of Corpus Christi, Texas THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS, that THE VETERANS LAND BOARD, an agency of THE STATE OF TEXAS, acting by and through Jerry E. Patterson, Chairman of the Veterans Land Board and Commissioner of the General Land Office (hereinafter called "Grantor"), by virtue of the authority vested by Tex. Nat. Res. Code § 161.062, et seq., for and in consideration of the sum of ten dollazs ($10.00) and other good and valuable consideration paid by THE CITY OF CORPUS CHRISTI, TEXAS, the address of which is P.O. Box 9277, Corpus Christi, Texas, 78469-9277 (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, has this day GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY unto Grantee, its successors, and assigns, subject to the covenants and conditions set forth herein, anon-exclusive easement TEN (10) feet in width for the purposes of construction, installation, operation, maintenance, replacement, inspection, tie-in connection, upgrade, removal, relocation and repair of utility lines, necessary appurtenances and the utilities system (hereinafter called "Easement") upon, under, over and across the following described property, to-wit: BEING a tract of land containing 3,987 SQ. FT. (0.09 AC.) of land out of a 54.91 Acre tract described in Volume 1713, Page 102; a 40 Acre tract described in Volume 1810, Page 224; and a 31.19 Acre tract described in Volume 2130, Page 84 of the Deed Records of Nueces County, Texas; and a 2.158 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, Nueces County, Texas; said property being more fully described or depicted on the survey plat and metes and bounds description attached hereto as Exhibit A and incorporated herein (the "Easement Area"). TO HAVE AND TO HOLD the same to Grantee, its successors and assigns, together with the rights of ingress and egress upon the Easement Area and upon Grantor's adjacent property to the extent and for the length of time necessary to effect the purposes pemutted herein. This Easement is perpetual unless and until such time as said Easement is abandoned and discontinued for the purposes stated herein whereas upon such occurrence said Easement shall revert to Grantor or then owner of record of the underlying real property. Utility Easement- City of Corpus Christi, Texas Page 4 of 5 EahibitA-2 Pages t A f °' ;. .,. EXHIBIT A Q ~ O ~ BEARINGS ARE V1TH F-- F' J p~ REFERENCE TO GRID Z ~ q NORTH AS PER SURVEY Q 1+- ~ BY HDR -SHINER MOSELEY J W Q, AND ASSOC., lNC. DATED ~ ~ p 6/24/06. ~ j~ ~ ~ F- Q k. U " 10' UTILITY EASEMENT--` 3,987 SR. FT.COA9 AC.> F~IXJND TxDOT MONUMENT. POINT OF BEGINNING FOUND TzDOT MQ4UMENT.~ _,[,y ~~~ //--2.159 AL. PARCEL ~DOC. N2004035681 U.P.R.N.C.T. FOUND 5/8' 54.91 AC PARCEL IRON ROD. VOL. 1713, PG. 102 7 D.R.N.C.T. 40 AC. PARCEL VOL. 1810, PG. 224 D~R.N.C.T. °~ r - - fDUND TxDOT In MONUMENT. $ ~ ~ f ~ 34.19 AC. PARCEL PG. 84 VOL 2130 ~ - , . f D.R.N.C.T. Z I ~~s~ - > ~IT ,~ PDINT GF COMMENCEMENT ~ FOUND S/8• - ~ ~ rc IRON ROD. y~ 9 j- ACCOMPANY FIEIA ,NOTES MAP iO . . "~tdo ° ~ ~'.. a toa zoo rri`~r'rr--' : ~ ~ ~ i i -~~ SOON In h~l 10' O.S - .IOP 7EAlA0l/ 7AADP NRFIDOR AT 1S of CITY Of CORPUS CfiRf379, TEXAS 0WN[R~ A1Nr NILLS IYEOUICR, IP - OaC. /x10111011fM-00 ~ Qpp~(TMt Of ~I~IKC/111~ 9 SNYIEIS 0[010 O TPo1CT Or 1M10 COMNe1x1 AOei SO R (OOp k7 57/IeY OatS100 J(1-876-.3500 art w o[[os a[toao[o pt votes[ 1)13. ntcE tab : svnat vawc 1eto, twa taa; vaulrc a13a, n.oc e• o. tNe 3.. tF~ t eer ~1CiD®Ifi9 n"^~ Ot[O afLORK dt N.G.T.; Nq etcWEM /ZOOIO3S[el or tN[ orr[au rusut •[t0a01 ar N<.r. ~ ~~ . a Nt4lMA0e AQr, o , Utility Easement- City of Corpus Christi, Texas Page 5 of 5