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Home My WebLink AboutC2009-543 - 11/23/2009 - NAORIGINAL i?oc# ~~~s~~4 i ~ NOTICE OF CONFIDHNTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT HEB Grocery Company, LP ("Grantor"), whose address is 646 South Main Avenue, San Antonio, TX 78204, County of Nueces, State of Texas, for and , in consideration of the sum of One and no/100 Dollar ($1.00) to it in hand paid by the City of Corpus Christi, Texas ("Grantee"), a Texas home-rule Municipal Corporation, duly incorporated under and by virtue of the laws of the State of Texas of 1201 Leopard Street, Corpus Christi, Texas 78408, County of Nueces, State of Texas, the receipt of which is acknowledged, has granted and conveyed, and by these presents does grant and convey to the City of Corpus Christi, Texas, its successors, legal representatives, assigns, and franchisees, the free and uninterrupted use, liberty, privilege, and easements, of going in, on, over, under, and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property descriptions attached and incorporated as "Exhibit A." See the maps. showing the location of the tracts attached and incorporated as "Exhibit B." Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping the utility lines in, over, under, on and along the tracts. TO HAVE AND TO HOLD, all and singular, the rights and privileges as describe above to the City of Corpus Christi, Texas, its successors, legal representatives, assigns, and franchisees, for the proper use as a utility easement and, for so long as used for such purposes, and if the use of said easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. Executed in duplicate, either copy of which constitutes an original. 2009-543 11/23/09 HEB Grocery Co. ~NDCyCD GRANTOR(S) EXECUTED THIS THE ~-~ day of ~~^-z0o9. HEB Grocery Company, LP By: ~ To d A. Piland, Executive Vice-Pres t ~~ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ~d-'~day of ~'C..~~-~~ 2009, by Todd A. Piland, as Executive Vice-President of HEB Grocery Company, LP ~ ~.- L~ ~ ~~ ~ Notary Public, State oaf Texas .'~,1Y rq Pa ~;~, DEBRA 1. SALDANA `=o, ,, _ ' `; Notary Public, State of Texas __ ' ,, My Commission Expires ~~;E~F~ ;:'' March 12, 2010 HEB Grocery Company, LP Utility Easement 10/06/09 Page 2 of 3 GRANTEE ACCEPTED for the CITY OF CORPUS CHRISTI, a Texas Municipal Corporation and body politic nder the laws of the State of Texas, this ~~ day of Y , 2009. Pedro Anaya, P.E. Director of Engineeriig Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the ~ day of ~02Y 2009, by Pedro Anaya, P.E., Director of Engineering Services of the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of the Municipal Corporation. _ ~,~._. ~ ~ ,sin »~« MARTHA SILVIA tlUIRQZ _'': ~`` MY COMMISSION EXPIRES ~ ,~• :` AugUSt4,2013 I` otary Public, ate of Texas ~ ~;;~~' APPROVED AS TO LEGAL FORM this~~ day of ~, 2009. Idla'Fq`~4a~+sslaer ~/r/-I ~GV~r./.~R f,~lfE,Qisq City Attorney By: cuC .-- D orah W. BI w ssistant City'... orney HEB Grocery Company, LP Utility Easement 10/06/09 Page 3 of 3 October 8, 2009 ~1 RBAN Job No. 3Z698.A9.0(1 ENGINEERING Ezhibit A Utility Easement State of Texas County of Nueces Fieldnotes for a utility easement (not based on an on-the-ground survey) out of Lrns 17, 18 and 19, Section i 1, Flour Bluff and Encinal Farm and Gardeh Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said utility easement being more fully described by metes and bounds as follows: Commencing at the intersection of the existing southeast boundary of South Staples Street, a 100.00 foot wide public roadway, with the existing southwest boundary of Timbergate Drive, a public roadway; Thence, South 61°00'00" East, along the existing southwest boundary of said Timbergate Drive, parallel with the centerline of said Timbergate Drive and 20.00 feet distant there from, measured at right angles thereto, a distance of 26.51 feet; Thence, South 29°00'00" West, a distance of 14.00 feet (no monumentation found or set) for north corner and the Point of Beginning of this easement; Thence, South 61°00'00" East, with the northeast boundary of this easement, parallel with the centerline of said Timbergate Dtive and 30.00 feet distant there from, measured at right angles thereto, a distance of 1325.32 feet for the east corner (no monumentation found or set) of this easement; Thence, South 29°00'00" West, with the southeast boundary of this easement, a distance of 1159.07 feet for the south corner (no monumentation found or set) of this easement; Thence, North 61°04'31" West, with the southwest boundary of this easement, a distance of 7.50 feet for the lower west corner (no monumentation found or set) of this easement; Thence, North 29°00'00" East, with the southwesterly boundary of this easement, a distance of 1149.08 feet for an interior corner (no monumentation found or set) of this easement; Thence, North 61°00'00" West, continuing with the southwesterly boundary of this easement, parallel with the centerline of said Timbergate Drive and 40.00 feet distant there from, measured at right angles thereto, a distance of 1327.81 feet for the upper west corner (no monumentation found or set) of this easement Thence, North 73°58'2T' East, with the northwest boundary of this easement, a distance of 14.14 feet to the Point of Beginning and containing 0.503 acres (21,921.01 square feet) of land. Bearings are based on the recorded plat of Staples Plaza Unit 1, Block 1, Lots SA and SB, a map of which is recorded in Volume 66, Page 1, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liabfor its accuracy. ;' )l Urban Engineering ........................:.... D a ~ JUAN JOSE•SA •LAZAR ~~~• ~•• •'••••••••••••'• 4 Ju J Salaza RP.L.S. S License No. 4909 rbanfsOl~Data~.Surveyingl376981A903~fno$siteue. Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com ~~ - - South Staples Street (F.M. 2444) ° ~ "Point Lot 17. Section 11 vJ_ Flour Blwff and Encinal Form and Gorden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas ..-15'U.E. 20' ~ii~ N .~ v ~ ~ ., o~ ~ i~ 0~ ° ~a 0 c N . p m ~ 30 .. ~cggo oinning ;Lot 5B o $ ~ E ~ LI_20 D_E _> Z ao Lot Line ~p pO O ~_- M m Z Lot 18, Section 11 Flour Bluff and Encinai Form and Garden Tracts Vol. a Pgs. 41-43, Mop Records of Nueces County, Texas Lot Line S29'00'00"W 1159.07 Utility Easement 0.503 Acres (21,921.01 sf) Lot 19, Section 1.1 Flour Bluff and Encino) Farm and Garden Tracts Vol. A, Pgs. 41-43, Mop Records of Nueces County, Texos Map to Accomnan v FIELDNOTES for o utility easement (not based on on on-the-ground survey) out of Lots 17, 18 and 19, Section 11, Flour Bluff and Encinal Farm and Gorden Tracts, o map of which is recorded in volume A, Pages 41-43, Mop Records of Nueces County, Texos 7.5~U.E. ~ ~P x odd, ~ ~~ ~~~>~~Z~ ~nad a~ °~ .- 0 x a~ a~~~ ~~~ ~~ CW~~ 7 ~ O I ~o~~~ ~ ~ v~ ~ ~~ oa.z -- d o I~~~p 0 i o ~c ~ v c W ,g l o to ~ No~~~oc € ea~c~ ~ --°D~~do so ~~ I ~ z Exhibit B V R e 101 or-~:.or e, z0o9 [,! N E E R I N G ~~ ~ sZpp 4~QR1~1$HRISTI. TEXAS ~~ ~•: •;7~•A9•~~ SHEET: 1 of 2 zns s~ ;~.. sti. ~a.°~ ~'B'0' DRAWN BY: XG LINE BEARING DISTANCE L1 S61'00 00 E 26.51 L2 S29'00 00 W 10.00 L3 N73'S8 27 E 14.14