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HomeMy WebLinkAboutC2009-114 - 3/12/2009 - NA~I ;..ORIGINAL THE STATE OF TEXAS COUNTY OF NUECES Utility Easement DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISnTON DIVLSION Buckingham Lift Sfntion, Project N7117 - Parce120A Doc# 2009009357 KNOW ALL BY THESE PRESENTS: THAT I, William B. Miller, Jr. ("Grantor"), of P. O. Box 270300, Corpus Christi, Nueces County, Texas 78427, in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, paid by the City of Corpus Christi, ("Grantee") of 1201 Leopazd Street, Corpus Christi, Nueces County, Texas 78401, 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 for the Utility Easement and Temporary Construction Easement attached and incorporated as "Exhibit A". (Premises) Map showing the location of the Utility Easement TOGETHER WITH AN EXISTING TEMPORARY CONSTRUCTION EASEMENT, DOC #2004044022, O.R.N.C.T, aze attached and incorporated as "Exhibit B". The Temporary Construction Easements are further described as a 10-foot wide construction easement, north of and adjacent to the perniarlent Utility Easement and an existing 30-foot wide construction easement south of and adjacent to the permanent Utility Easement. Said temporary construction easements aze to be used for working room and storage of materials and machinery during the construction phase. The Temporary Construction Easements automatically terminate upon: i) Completion and acceptance of the Buckingham Lift Station & Force Main project by the City Engineer or Designee of the City of Corpus Christi, or ii) one yeaz from the start of construction on the premises, whichever occurs first. SPECIAL PROVISIONS: The City of Corpus Christi agrees to restore the land within the easement area to the same or better 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 andright-of--way for so long as used for such purpose, and if the use of said _____.,... ,,.,a .;rthr „f..,a., is ever abandoned, then the aforesaid rights and privileges cease. 2009-114 03/12/09 ickingham\Parcel 20A\OE_Mfller.doc Miller, William B. Jr. GRANTOR William B. Miller, Jr. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on mltiU~~ S , 2009 by William B. Miller, Jr. o0'!n."~, KATRINA L. HALEY s`~ a Notary Public, State of Texas My Commiasan E ves ~''~'%%t``~ October 17, 2 0 [Seal] w~ww.: ~. Public in and for the State of Texas ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on ~ ~ -' /Z. , 2009. 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 /,~~° -iiJ ~- Pedro Anaya, P.E., Director Department of Engineering Service H:WOME\NortnaRV'ROJEC7V77117 Buckingham\Parce120A\UE_Millecdw THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~J.a/'v`9 ~Z 2009 by Pedro Anaya, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said cor ration. ary Public in and for the S e f Texas [Seal] #C~'~~'~,~(5~~~, EUSEBIO GABZA, III .:~[(?'S MY COMMISSION EXPIRES ~1~~yy~~ FgyNgry 74, 2013 ~4f,~~"" APPROVED AS TO LEGAL FORM, THIS c (-~- DAY OF ~~~w,v"'~ , 2009. FOR THE CITY ATTORNEY By: nll~6~u~-4lrr-~ Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT H:\HOME\NOrtnaR\PROIECiVt7117 Buckingham\Parcel 20A\UE_Millecdoc PARCEL 20A STATE OF TEXAS COUNTY OF NUECES ~i~•:°a_ 5302 ,~~;~o, FIELD NOTES to describe the boundary of a 5' wide utility easement across a tract of land described in a deed to William B. Miller, Jr. as recorded in Document #493206, Official Records, Nueces County, Texas and also being out of a portion of Lot 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43, Map Records, Nueces County, Texas, said 5' wide easement being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod set in the southeast line of a called 22.944-acre tract of land now platted as Kings Point Unit 3 Subdivision as recorded in Volume 64, Pages 231, 232 and 233, Map Records, Nueces County, Texas and the northwest line of the remainder of said Miller tract for the west comer of this easement from which the southwest line of said Miller tract and the northeast right- of-way of Yorktown Boulevard (40' to centerline) bears S-28°-43'-32"-W, 25.00'; THENCE, N-28°-43'-32"-E, along said common line, a distance of 5.00' to a 5/8" steel rod found for the south comer of Lot 1, Block 2 of said subdivision, the west comer of an existing ]0' wide utility easement recorded in Document # 2004044022, Official Records, Nueces County, Texas and the north corner of this easement; THENCE, 5-61°-16'-28"-E, parallel to and 30' distant from the existing right-of--way of said Yorktown Boulevard, a distance of 540.00' to a 5!8" steel rod found in the northwest line of a tract of land described in a deed to Charles Benys as recorded in Document #1997048144, Official Records, Nueces County, Texas and the southeast line of said Miller tract for the south corner of said existing ]0' utility easement and the east comer of this easement; THENCE, S-28°-43'-32"-W, along the common line of said Miller and Benys tracts, a distance of 5.00' to a 5/8" steel rod set for the south comer of this easement; THENCE, N-61°-16'-28"-W, parallel to and 25' distant from the existing right-of--way of said Yorktown Boulevard, a distance of 540.00' to the POINT OF BEGINNING and containing 2700 square feet (0.0620 acrea) of land, more or less. These field notes represent a survey made upon the ground under my direction and are true and correct to the best of my knowledge. Accompanying plat prepared. -11[L11.S6~4, ~ ~P~~ ~ ~FGgtl~! Date {, 9i DAVID L. NESBITT COYM, REHMET & ENGINEERING, L.P. WILLIAM B. MILLER, JR. 5' UTILITY EASEMENT u /~~,~p~,~~ ,~ Nes i~t R.P.L.S. #5302 Job No.20115c Page I of 1 lr~7- PARCEL20A i KINGS POINT LOT 1, BLOCK 2 i i J4'~ VOL. 64, PGS. 231-233 19~ M.R.N.C. T. , O.R.N.C. T. .7p. YR \Gf r p( Arr FO ~ LV $. RG .w ~' o ~ ~ \ ~ N . \ •~ i 2 ~ i FOUND 5/8" STEEL ROD SCALE: 1'=100' NOTES: 7. ACCOMPANYING FIELD NOTES PREPARED. 2. ND EASEMENT RESEARCH HAS BEEN PERFORMED BV COVM, REMMET, 6 GUTIERREZ. 0. BASIS OF BEARING IS GRID NORTH AS OBSERVED BY GPS NAD 83 TX. S ZONE. 4. ALL CORNERS ARE SET 5/8" STEEL RODS, UNLESS OTHERWISE NOTED. \ REMAINDER OF WILLIAM B. MILLER JR. DOC •493206 O.R.N.C.T. r 6' UTII,ITY EASEMENT (2,700 SQFT.) r EXISTING 10'UE i `` IDOC •2004044022 ~ f/// O.R.N.C. T. E%ISTING REMAINDER OF 30' TCE DOC •20D4044022 .\ '~ O.R.N.G T. I'O~, fk~s'wc STEEL ROD -SET 5/S" STEEL ROD ~.lp~ ~Op, k1 (POB-5' UE) ,P. ~\ S4p~o ~I ~ ~\ .~ .~ SET 5/8"J STEEL ROD ~~ /~ ~y s n3 4=ro mow°~.. y~ ~ ? `~o,r • ~' pro o. 0 ,~ 0 100 200 The survey shown hereon was mace upon the grountl uMer my supervision. Vsiole GRAPHIC SCALE (FEET) encroachments, tlisoepanciea, provuzlons, it any, are shown hereon. Caym, ReEmet O Cvtierrea C R BagioceriBg~L.P. 5856 SOUM ,SUM 990 Cf G ce9aa clsha~"rwz zex„ ; PSae(38,)99,-0550 Fex 9911589 y mui o9®w9ei.om SURVEY DATE: FEBRUARY 25, 2008 DATE: DAVID L. NESBITT, R.P.LS. ND.S 2 ..«-.c r CRG JOB: 20t15C ~`p SHOWING THE BOUNDARIES OF A 5' WIDE UTILITY EASEMENT ACROSS THE REMAINDER OF A TRACT OF LAND DEEDED TO WILLIAM B. MILLER, JR. AS RECORDED IN DOCUMENT #493206, OFFICIAL RECORDS, NUECES COUNTY. TEXAS J City of Corpus Christi ~~ Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 ~~~ Corpus Christi, TX 78469-9277 STRTE 5F TEll1~ COI#1TY ff NIECES I hereby certify that this instrueent was FILED in file nueber sequence on the date and at the tiee steeped herein by ee, and was duly RECORDED in the Official Public Records of Nueces County, ~Texas~ /~ ,w,~,i CT Diana T. #arrera NIECES COUNTY, TEXAS Rny provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Aare, Color, Aeliyyfont Sex, Handicap, Faeilial Status, or Nat Tonal Or: in is invalid a~ unenforceable under FEDERAL LAN, 3/12/S9. Doc# 2009009357 #P es6 03/12/2#89 3:0APM Official Accords of NlECE5 COUNTY DIANA T. BARAEI#I F~~ : O RI GI N A L