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HomeMy WebLinkAboutC2010-419 - 9/30/2010 - NA DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Airline Road - Saratoga to 12odd Field, Parcel 1 - #6465 RIGHT-OF-WAY EASEMENT ~~~ ~mw~ ~::~ =-"- .~~ ~:>! :~. u-~~: ~m~ ~:Y:N~, ~- =~ :~. THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT, GULFWAY SHOPPING CENTER, a Texas General Partnership, {"GRANTOR") of P. O. Box 8229, Corpus Christi, Nueces County, Texas 784b8 in consideration of TEN DOLLARS {$10.00} 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, sold and conveyed, and does hereby grant, sell 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 RIGHT-OF-WAY EASEMENT is attached and incorporated as "Exhibit B". {Premises) Special Provision: Grantor may construct two commercial driveways along the east side of Grantor's lot provided that Grantor obtain all necessary building permits and comply with alI applicable city codes. Grantor, and all design and construction, must comply with the following city standards: The Manual of Driveway Design and Construction Standards adapted by the City of Corpus Christi on December 1985 by Ordinance No. 20177, and The City of Corpus Christi Engineering Services Department's Standard Detail Sheets for Driveways. To the extent there is a conflict, Grantor must comply with whichever city standard is mare stringent. Grantor must obtain all required approvals from the City of Corpus Christi Driveway Inspector, Department of Development Services. Nothing in this paragraph shall be construed as a prior approval or permit of any construction or design. Grantor must install the driveways at Grantor's sole cost, with no cost to the City of Corpus Christi. Together with the free ingress, egress and regress to and for the City of Carpus Christi, Texas, and its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along and upon said Premises, as well as to lay, operate, inspect, replace, repair, service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over, under 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, franchisees and the public, for the proper 2010-419~tility easements for so long as used. for such purposes, and if the use for 09/30/10 of way is ever abandoned, then the aforesaid rights and privileges cease. Gulfway Shopping Cntr. #N~ ~, COUNTERPARTS: Multiple original copies of this RIGHT-OF-WAY EASEMENT may be executed, and the execution of this easement may be through the execution by the parties of separate counterparts. AlI of the original copies of this easement together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this easement, such that each such original copy of this easement shall consist of (i) the body of this easement and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such easement shall constitute one original of this easement. GRANTOR GULFWAY SHOPPING CENTER, A TEXAS GENERAL PARTNERSHIP BY: GSC HOLDINGS, LTD., a Texas Limited Partnership, Partner BY: GSC, LLC, General Partner B BY: NUSS FAMILY PARTNERSHIP, LTD., a Texas Limited Partnership, Partner BY: ~ ~ PATRICIA FETERSON NUSS, General Partner '- _ BY: ~~o CHRISTY P ERSOI` ~_ °°'~ ~ w ~° ~~~~~~ ~L`~• ~~ BY: S, General Partner THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the ~~ 5+~ day of~ , 2010 by BILL J. BROWN, Member of GSC, LLC, a Texas Limited Liability Company, on behalf of said Limited Liability Company, and the Limited Liability acknowledged this instrument as General Partner on behalf of GSC HOLDINGS, LTD., a Texas Limited Partnership, and the Limited Partnership acknowledged this instrument as a Partner on behalf of GULFWAY SHOPPING CENTER, a Texas General Partnership. .Y JURNA JEAN BARYON ' My Commisslon Expires ~Q. •t~nJ I ~~ June 3, 2013 Not ublic in an for the State of Texas ~~~~,~'' THE STATE OF TEXAS COUNTY OF NUECES s ~' This instrument was acknawledged before me on the p ~ day of 2010 by PATRICIA PETERSON NUSS, as a General Partner on behalf f NUSS FAMILY PARTNERSHIP, LTD., a Texas Limited Partnership, anal the Limited Partnership acknowledged this instrument as a Partner on behalf of GULFWAY SHOPPING CENTER, a Texas General Partnership. ~My JUANAJEAN SARTON My Commisslon Expires June 3, 2013 ~+~~~ N. THE STATE OF TEXAS COUNTY OF NUECES Public in and far the~tate of Texas This instrument was acknowledged before me on the ~~'~~ day of ~ , 2010 by CHRISTY PETERSON BROWN, as a General Partner on beha'If of NUSS FAMILY PARTNERSHIP, LTD:, a Texas Limited Partnership, and the Limited Partnership acknowledged this instrument as a Partner on behalf of GULFWAY SHOPPING CENTER, a Texas General Partnership. ._ ~~ ~Y""" JUANAJEAN BARTQN My Commisslon Expires ~~ ~y/ June 3, 2013 ary public i and for the State of Texas . ,• THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2010 by HENRY NUSS, as a General Partner on behalf of NUSS FAMILY P R NERSHIP, LTD., a Texas Limited Partnership, and the Limited Partnership acknowledged this instrument as a Partner on behalf of GULFWAY SHOPPING CENTER, a Texas General Partnership. ~1ARY P4„ ? ....-~ -`Y¢ JUANA JEAN 8AR1'0# /J ~~~ ~ My Commissron Explros N ary Public in d for the State of Texas ~,.~. ~~ eal) Jaee 3, 2D13 ~F,,, ~x ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on ~D , 2010. 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 Services THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on ~~ 2010 by Pedro Anaya, P.E., as Director of Engineering erv' es of the City of Corpus Christi, a Texas municipal corporation, on behalf of said. corporation. Notary Public in and for th ate of Texas (Seal) ~,,,,,,,p,,.,, 3 += EUSEl310 CaARZA, IIf ~`' ~= MY COMMIS510N SXPIRE5 '~~' FebruaryiA,20i3 APPROVED AS TO LEGAL FORM, THIS a.c~'l'~ DAY OF ~ e.~ 2010. FOR THE CITY ATTORNEY By: ~ero 'ca Ocana ,Assistant City Attorney CITY LEGAL DEPARTMENT H:1I-IOMEINormaRlPRO]ECTI#6455 Airline Rd -Saratoga to Rodd PieldlFarcel 11ROW ESMT Gulfway Shopping_Special Frovision.doc City project no. 6465 Gulfway Shopping Center Consultants project no. 110446 Lat 2, Block 14, Brighton Village U-2 • EXH181T A METES AND BOUNDS DESCRIPTION OF ADDITIONAL AIRLINE ROAD R.O.W. Being 0.073 acres of land, more ar less, for additional right-of-way for Airline Road, said 0.073 acre tract being out of Lot 2, Black 14, Brighton Village Unit 2, retarded in Volume 51, Page 44, Map Records of Nueces County, Texas, and this 0.073 acre tract being mare particularly described by metes and bounds as follows: Beginning at the southeast corner of this tract, said corner having a coordinate,of N 17,135,702.34', E 1,351,782.77', Texas State Plane Grid, Texas South Zane, NAP'83, and said corner also being the southeast corner of said Lot 2, the same being the northeast corner of Lot 3, Black 14, Brighton Village Unit 2, and said corner being on the present west right-of-way line of Airline Road; Thence N 61-13-35 W with the south boundary of this tract and khe Common boundary of said Lats 2 and 3, 8.37 feet, to the southwest tamer of this tract; Thence N00-45-40 E with the west boundary of this tract and entering said Lot 2, 296.31 feet, to the northwest corner of this tract, said corner being on the north boundary of said Lot 2, the same being the southwest cutback line of Saratoga Boulevard and Airline Road; Thence 5 42-01-27 E with the north boundary of this tract and said Lot 2, the same being the aforementioned cutback line, 20.88 feet, to the northeast corner of this tract and said Lot 2, the same being a corner of said cutback line, and said corner being on the present west right-vf-way line of Airline Road; Thence 5 02-07-37 W with the east boundary of this tract, the same being the present west right-of-way line of Airline Road and running 40.00 feet west of and parallel to the centerline of Airline Raad, 285.00 feet, to the point of beginning and containing 0.073 acres of land or 3168 square feet of land, more. or less. Note: Bearings are based on State Piane Grid, Texas South Zone "EXHIBIT A" PARCEL 1 4.18 RRT ~ rsy°~a ~ G ~ '^ y ~ 3s>~~~'° o ~ ~ m ao.ao Nm N ~ N ,G m r T -.. N S m p i W v ~ r ~.~ - m I N A N ~ q .~.. O -I r ~ o ~I j //,I, I J g r V ni N ~ 2 PTI N S ~ n m p A I 1 q v ~ ~n 1 x~ G ~rn Z o W ~ I I I oa ~' z ~~~_ f Z~ I ~~m ~ I AN \ o Z 40.00 ~ H 7..5 I r I I I rnzv ,O ~~~ W I ~ ~ INO I I A O ~Z I V(.W o ~+ m a " x m~ I Qy ! I ~ ~ Ap ~m I I I f I I I ~ I I - ] I GOWNING STREET I ` ~ I ~~~~ ! I °n~ cox duo ~~ ~z ~ ~" ¢ ?• a~ n~Ns ~ c~ ~ . Arn v-C Z~ v~ UN 4r W n y 0 rn^ C ~ ~m a m~ ° -;x IP Whom v]~.~ n < oar1° ao 1°mA3 o ~ G~~.~". ? ~ C] O~D~ .11 G7_O Zn~o ~~r0 ~ J a o u H m N O I f 4~~~~" ~ ua~;~~ ~' ; ~ ..~ ~r, ,,,; . - , I I I N , ~//~'~~c~ PARCEL 1 ` \ I (~ L f~ WY W ~L 1J ~ CONSi1L7ANT5 PRWEC7 1JflM6ER: rro44s AIRL IN E R Q~D 1 f ~ 1 , 1 ~ ~ !n •`n^ R~A p !!f/D~IHII {71"71-~ WAY ['~/[J )T L/1 f71BI f _ CITY PRRIECT NUM9ER: . CfTY of CORPUS CHRIST! "weEw~n~.mG 6485 B TEXAS GUlFWAY 5HOPPlNG CENTER Geparfment of Engineering Services Tuun.e.F R,oYVatkn NO.TG oarE: D9-04-0$ LOT 2, BLOCK 14 City of Corpus Christi Dept. of Engineering Services ~~ Property and Land Acquisition P. O. Box 9277 ~r~ r Corpus Christi, TX 78469-9277 a~ ~'i]tJ~~r o .i.llJil~.~~~~.~.~~.1 ~n~~>~i~ hitfi"t;:E~ ~Q1.lfd~'Y I~~~~ ~~3nfiEl t-lrt~ i~roviGi~r~ hr~i'~in wt~if~h r•~~~:~i~.i:s the ~~k1er F~pnkcr~ ne iJS~? ~~' t~h~ drsa~~l'ibrs~{ i~i":~E. F`~~-F'~:FiTY i.,~>~AL1~F.a ~'f4` ~'iz~~_r'R Ctalt~rv t~'~:I.i~irJnr 5~~s H~n~ii~,n~a i=nmitinl 8rc?t:r.~~;s nr~ hia~ i>~ncx:! ~lr i ~ i rr i _~ i riuc~l. i €i and 3{i~~n~c~rc~~.hl.~, rJnd~~r F#=~i=rt~i_ L_A~ls 3/~~~I~~`~ Ct'11JId'T'Y ~F hlllL"C~" T. t1~?i'~ti'~J ~.:s~r~; i r ~ ~11!~~; ~;h i ~ i n~ti~umni~c wn~~-, h TL.C:~'r Eil ~~ I ~~' r1Umi3?F' S¢QIJ~?fl~~~ n~ ~~~? i~C4G~' ~1f7~ !"l~; $i'I~' ~im~ ~~cfmi~~r~ i~+~r~+irt t}~ nt+~v ,~rt!~ ins ~~u1;-~ €~f~~:t3firsEC~ E (t ~ i'ir~f ~~~ I ~W f t:t~. F'!J~]~. I ~_ ~~~_~! 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