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Home My WebLink AboutC2009-229 - 5/8/2009 - NAO ~' w ~ ~~ ~ DEPARTMENT OF ENGINEERING SERVICES DOC# 2,p¢~9ra18Qt33 PROPERTY AND LAND ACQUISITION DIVISION 7117 Buckingham LiR Station Parcel 18A, 18B 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 DRNER'S LICENSE NUMBER. UTILITY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT I, Charles B. Benys ("GRANTOR"), of 6008 Yorktown Blvd., Corpus Christi, Nueces County, Texas 78414, in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, paid by the City of Corpus Christi, ("GRANTEE") of 1201 Leopard 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 A TEMPORARY CONSTRUCTION EASEMENT is 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 permanent Utility Easement and a 25-foot wide construction easement south of and adjacent to the permanent Utility Easement. Said temporary construction easements are 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 project by the City Engineer or Designee of the City of Corpus Christi, or ii) one year from the start of construction on the premises, whichever occurs first. SPECIAL PROVISIONS: 1. Driveway Restoration: The City of Corpus Christi agrees to restore Grantor's concrete and the asphalt driveways to the same condition as -- - -' --'-- `o construction. 2009-229 05/08/09 Benys, ChaCIQS B. uckingham~Parcel I8a,l8b,l8c\UE_Benys_18A-I8B.doc 2. Trees: City of Corpus will strive to avoid damage to the mature trees outside of and adjoining the permanent Utility Easement. Grantor agrees that contractor may trim limbs that hamper construction but no trees outside the permanent Utility Easement will be removed unless absolutely necessary. The City of Corpus Christi agrees to compensate Grantor $500 for any mature trees removed by the contractor or that die within one year of construction. 3. Septic Lateral Lines: Grantee agrees to reimburse Grantor for the cost to relocate the lateral lines in the permanent Utility Easement. Grantor agrees to schedule relocation of the lateral lines within 30 days of the date of recording this Utility Easement. 4. Restoration: The City of Corpus Christi agrees to restore the lawn within the easement area to the same or better condition as existed prior to construction including leveling and new sod. 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 easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. GRANTOR r ~ Chazles B. Ben s THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~/[/irl _ ~ , 2009 by Charles B. Benys. KATRINA L. NAIEY ' Notary Pubtic, State of Texas ~1. My Commission Expires Notary Public in and for the State _ Oelober 17, 2009 H:WOMEINormaR\PROJECTVJ7117 Buckingham\Parce118a,18b,I8c\UE_Benys_18A-186.doc ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on /~'~,i B , 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 DIVISION Corpus Christi, Texas 78469-9277 ~~ Pedro Anaya, P.E., Director Department of Engineering Service THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /j~~./ $ , 2009 by Pedro Anaya, P.E., as Director of Engineering Services o e City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. _ .~'~ otary Public in and forth to of Texas [Seal] ,,,,.. ;~'~ss EUSEBIO OAR2A, 111 i'; ": MY COMMI8810N EXPIRES s • `= Febnlely 14, 2013 •.,4d.• '1'~ APPROVED AS TO LEGAL FORM, THIS ~ DAY OF ~~ 2009. ~' FOR THE CITY ATTORNEY e~G` r~Assistant City Atiorney CITY LEGAL DEPARTMENT H:WOME\NortnaR\PROJEC'IVt7117 Buckingham\Parcel 18a,186,I8c\UE_Benys_I8A-18B.doc PARCEL 18A STATE OF TEXAS § CHARLES BELAYS 15' UTII.ITY EASEMENT COUNTY OF NUECES FIELD NOTES to describe the boundary of a 15' wide utility easement across a tree of land described in a deed to Charles Benys as rewrded in Document #1997048144, Official Records, Nueces County, Texas and also being out of a portion of Lot 11, Section 10, Flour Bluff and Encinal Farts and Garden Tracts as rewrded in Volume A, Pages 41 through 43, Map Records, Nueces County, Texas, said 15' wide easemem being more particularly described by metes and bounds as Follows; BEGINNING at a 5/8" steel rod set in the wmmon line of Lots 11 and 12 in said Section 10, the southeast line of a trail of land described in a deed to William B. Miller, Jr. as recorded in Document # 493026, Official Records, Nueces County, Texas and the northwest line of said Benys tract for the west wmer of this easemem from which a 5/8" steel rod found in the northeast rightof--way of Yorlaown Boulevard (40' to centerline) for the common comer of said Benys and Miller tracts bears 5-28°-43'-32"-W, 25.00'; THENCE, N-28°-43'-32"-E, along said common line, a distance of 15.00' to a 5/8" steel rod found for the east comer of an existing 10' utility easemem as recorded in Documem #2004044022, Official Records, Nueces County, Texas and the north comer of this easemem; THENCE, 5-61°-16'-28"-E, parallel to and 40' distam from the existing right-of--way of said Yorktown Boulevard, a distance of 366.88' to a 5/8" steel rod set in the northwest line of a tract of land described in a deed to Cloudcroft Land Ventures, Inc. as recorded in Document #2001039485, Official Records, Nueces County, Texas and the southeast line of said Benys trail for the east corner of this easement; THENCE, 5-28°-43'-32"-W, along the common line of said Benys and Cloudcroft tracts, a distance of 15.00' to a 5/8" steel rod set for the south comer of this easemem; THENCE, N-61°-16'-28"-W, parallel to and 25' distant from the existing right-of--way of said Yorktown Boulevard, a distance of 366.88' to the POINT OF BEGINNING and wmaining SS03 square fat (0.1263 acres) of land, more or less. These field notes represent a survey made upon the ground under my direction and are tme and correct to the best of my knowledge. Accompanying plat prepared. DAVIDppLpp. NESBITT~ David L. COYM, REHMET & ENGINEERING, L.P. Page 1 of 1 ~°1C~~~R°~ .~ rNR~.c LJ 'I B9M, 1tl83 NOTES: i / 1. ACCOMPANYING FIELD NOTES PREPARED. / / 2. NO EASEMENT RESEARCH HAS BEEN PERFORMED BY / / COVM, REHMET, 8 GUTIERREZ. ~ % ~ 3. BASIS OF BEARING IS GRID NORTH AS OBSERVED BV GPS ' SCALE: 1"=100' NAD 83 TX. S ZONE. ' / / 4. ALL CORNERS ARE SET 5/B' STEEL RODS, UNLESS OTHERWISE NOTED. ~ / / WILLIAM R. MILLER JR. DOC •493206 O.R.N.C.T. EXISTING 10' UE ` ~DOC 2004044022 EXISTING 30' TCE `\ ~DOC •2004044022 ~` ~ FOUND b/3" , STEEL ROD • (POB-10' TCE) `. ~ ' FOUND b/8" STEEL ROD (POB 16 UE)~ g FOUND 6{S" • 4(~ STEEL ROD (POB-26' TCE) ~, / % i `~ '~ / '~ / '~ / ~ / S / ~ i ~~ . CHARLES RENYS DOC 1997048144 O.R.N.C. T. 10'TEMPORARY ~. ~ CONSTRUCTION ~v EASEMENT ~j•/~. (3,669 SQFT.) •\ ~~ ,\ .\ • 16' UTIIdTY EASEMENT / CLOUDCROFT LAND (b,bO3 SQFT.) VENTURES INC. / DOC 2001039485 9 O.R.N.C.T. O n,. \ "" '~'~O jry PROP. ~~~ ~\ ~ ,b 10'TCE PROP. 25' TEMPORARY i \\ _VB CONSTRUCTION '/'' ~ ~ ~-'~Y \ ~~ po \ ~ ~ `. `~ /~~~ `~ ~ BL 6 ` ` . ~ 25'~GE EASEMENT ~ / ~~1'. FOUND b/3" `: (9,172 SQ.FT.) . ~' `; \ \ \ (I~\,,p STEEL ROD jC`' \ ~` /,~, \ . 'OQ azc ~, / .~C+F~ ~ ; :\ ~ \ DAVID L. NES811T i ~~ ( I ~ ~ ~\ / ,~ q9 X302 p•;: '%; ~,; ~qy ~FESSION. O /i ~ //' ~ /,/ ','// / ~ / ~ / ~ j / ~/ / / _-- ~ ~ ~. ;;; / ..~ ~~~~~~ ~ ~ SHOWING THE BOUNDARIES OF A 15' WIDE UTILITY EASEMENT, A 10' WIDE TEMPORARY CONSTRUCTION EASEMENT, AND A 25' WIDE TEMPORARY CONSTRUCTION EASEMENT ACROSS A TRACT OF LAND DEEDED TO CHARLES B. BENYS AS RECORDED IN DOCUMENT #1997048144, OFFICIAL RECORDS, NUECES COUNTY, TEXAS ~~~ 6 ®'~ 0 100 200 R ~7 The survey shown hereon was made upon the ground under my supervkion. Viaibb GRAPHIC SCALE (FEET) encroachmenh, dhxrepandes, pmWabns, g erry, ere shown hereon. Cdym, Ae6met 8Oe8erre: C R &v~ar4P. 5e5eswn~e ,smle2w ~y /~ fans fArw,Tem RS11 l/ G Plane 1x1)9712850 Fee 8917589 amA a8®o9ei.mrm SURVEY DATE: FEBRUARY 25, 2008 DATE: DAVID L. NESBITT, R.P.L.S. N0.5302 CRG JOB: 201130 (~. City of Corpus Christi Dept. of Engineering Services ~~ Property and Land Acquisition P. O. Box 9277 ~~~ Corpus Christi, TX 78469-9277 STATE OF TEXAS COONTY OF NUECES I hereby certify that this instru~ent was FILED in file nu~ber sequence on the date and at the tiee sta~ped herein by ~e, and was duly RECORDED in the Official Public Records of Nueces County, Texas ~ ~} ~ DIANR T. BRRERRA NOECES COUNTY, TEXRS Rnyy pprevision herein which restricts the Sale, R ental or use of the described REIN PROPERTY because of Aace, Colors Religgions Sex, Handicap, Fa~ilial Status, or Nat Tonal Drsyin is invalid and unenforceable under FEDERAL LAN, 3l12/B9. DeNk ~@09018033 M Payyes 6 05/12/29 9:2~Y4 Official Records of NUECES COUNTY DIANR T. BARIB=AA C~lNITY CLEftl( Fees i35.~ ORIGINAL ,/