HomeMy WebLinkAboutC2011-036 - 1/27/2011 - NA�'L A' R'�M W8ARW&M SERVICES
PROPERTY AND LAND ACQUISITION DIVISION
#8598, Looping of Water Lines, Parcel 1
10, 101
COUNTY OF NUECES
UTILITY EASEMENT
KNOW ALL BY THESES PRESENTS:
THAT GULF COAST RACING, LLC, a Texas limited liability company ( "Grantor "), of
3900 N. McColl Road, McAllen, Hidalgo County, Texas 78501, in consideration of the premises
and agreements set forth in this Easement, and other good and valuable consideration, the receipt
and sufficiency of which being hereby acknowledged by the CITY OF CORPUS CHRISTI
( "Grantee "), of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 has grant
sold and conveyed, and does hereby grant, sell and convey to the Grantee, a Texas home rule
municipal corporation, its successors and legal representatives , the free and uninterrupted use,
liberty, privilege, and non - exclusive 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 of a Seven and One -Half (7.5) foot
wide strip of land which is located and described on Exhibit "A ", which is
attached hereto and incorporated herein for all purposes (the "Easement Area ").
A snap showing the location of the Utility Easement TOGETHER WITH A
TEMPORARY CONSTRUCTION EASEMENT is attached and incorporated as
"Exhibit B ".
A Temporary Construction Easement is further described as a 5' wide and
adjacent to the permanent Utility Easement. Said Temporary Construction
Easement is to be used for working space during construction. This Temporary
Construction Easement automatically terminates upon: i) 30 days from the start
of construction on the premises, or ii) 180 days from the recording date of this
instrument, whichever occurs first.
SPECIAL PROVISIONS: Grantee agrees to restore the Easement Area to the same
or better condition as existed prior to its construction hereunder. All construction is
to be done in a prudent and workmanlike manner.
Together with the free ingress, egress and regress to and for the Grantee, and its franchisees to
construct, service, repair, maintain, inspect, lay, operate and keep public water utility lines in, on,
over, under and along said Easement Area subject to the terms and conditions provided in
Paragraph 2 hereof
TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the
Grantee, its successors, legal representatives, and franchisees for the use as a Utility Easement
and Right -of -Way for so long as used for such purpose, provided, however, Grantee shall have
the right to abandon and terminate all or any part of the rights granted herein, by filing a release
of same in the Real Property Records of Nueces County, Texas.
2011 -036
01/27/11
c
Gulf Coast Racing tNDEMCEEQ
1. Water Utility Line Specifications. The water utility lines and all appurtenances
shall be constructed by Grantee within the Easement Area substantially in accordance with and at
the locations indicated by plans and specifications to be mutually agreed upon by Grantor and
Grantee. After installation of the water utility lines and all appurtenances, the ground will be
restored to as near its original condition as is reasonably practicable. Any modification,
relocation, enlargement, reduction or alteration of Grantee's water utility lines and all
appurtenances may be performed only after Grantee receives written approval from Grantor,
such approval not to be unreasonably withheld, of the location, alignment and construction
schedule therefore.
2. Ingress and Egress to the Easement Area. It is understood and agreed that
Grantee is hereby granted the right of ingress and egress to and from the Easement Area subject
to the following covenants and conditions:
(a) Grantee shall attempt to confine its ingress and egress to the Easement
Area by access from adjoining public roadways, and shall not unreasonably use or cross
any portion of Grantor's property outside of the Easement Area. Such ingress and egress
activities shall be conducted as far as reasonably practicable in such manner as to cause
the least inconvenience and disruptions to the use of Grantor's adjoining property and to
Grantor's operations thereon.
(b) Except in the case of bona fide emergencies, Grantee will endeavor to give
at least three (3) days advance written notice to Grantor of construction activities
affecting the surface of the Easement Area or Grantor's property or facilities. Grantee
shall conduct its activities as far as reasonably practicable in such a manner as to cause
the least inconvenience and disruptions to Grantor's business and use of its property and
facilities.
3. Grantee's Improvements. Grantee will contract or employ reasonably qualified
persons and/or firms to engage in any activity authorized in this Easement and shall complete all
such activity in accordance with the covenants and conditions herein set forth. Grantee agrees to
instruct its contractors to coordinate with Grantor for the date and time of such construction.
Grantee will install and maintain the water utility lines at Grantee's expense, in accordance with
Grantor's reasonable specifications. Grantee agrees to complete its construction activities in
installing its water utility lines and appurtenant facilities and to restore the Easement Area and
any of Grantor's improvements therein, time being of the essence to Grantor. Grantee shall bear
all costs and expenses resulting from unreasonable damage to the facilities or properties of
Grantor caused by Grantee's use of the Easement Area, including any portion of Grantor's
property or facilities utilized by Grantee for ingress and egress.
4. Maintenance and Use. Grantee agrees that its use of the Easement Area and its
operations shall at all times comply with all legal requirements. Grantee agrees to construct its
water utility lines and appurtenant facilities in a good and workmanlike manner and agrees to
maintain and operate the water utility lines, appurtenances and the easement granted herein in a
prudent manner with due care for the uses of the property by Grantor.
5. Indemnity. Grantee understands it shall be responsible for all expenses incurred
in the construction and operation of the water utility lines and Grantee shall be responsible for
maintenance of such lines. Grantee will endeavor to use reasonable caution in performing the
work provided for herein to prevent injury to all persons and property and, to the extent
permitted by law, it will indemnify Grantor against any damages that may be assessed against it
by reason of the work herein permitted and also with regard to the maintenance of the water
utility lines. To the extent permitted by law, Grantee shall also indemnify, protect, defend and
hold harmless Grantor, and its members, managers, officers, employees, agents, successors and
assigns, from and against any and all claims, costs, liabilities, losses, damages, injuries,
judgments and expenses including, without limitation, attorneys' fees, court costs, including
those incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency
or other similar proceedings, and other legal expenses, arising out of or resulting from any injury
or death to any person or injury to any property, received or sustained by any person or persons
or property, arising out of, occasioned by, or related in any way, directly or indirectly, Grantee's
use of the Easement Area and the water utility lines.
6. Notice. Except as may be otherwise specifically provided in this Easement, all
notices, demands, requests or communications required or permitted hereunder shall be in
writing and shall either be: (a) personally delivered against a written receipt; or (b) sent by
certified mail, return receipt requested, postage prepaid and addressed to the parties at the
addresses set forth below, or at such other addresses as may have been theretofore specified by
written notice delivered in accordance herewith:
If to Grantor: Gulf Coast Racing, LLC
Attention: Greg LaMantia
3900 N. McColl
McAllen, Texas 78501
With a Copy to: Atlas & Hall, L.L.P.
Attention: A. Kirby Cavin
818 Pecan
P.O. Box 3725
McAllen, Texas 78502 -3725
If to Grantee: City of Corpus Christi, Texas
Attention: Pedro Anaya, P.E.
1201 Leopard Street
Corpus Christi, Texas 78401
With a Copy to: City of Corpus Christi, Texas
Attention: Brian Narvaez
1201 Leopard Street
Corpus Christi, Texas 78401.
Each notice, demand, request or communication which shall be delivered or mailed in the
manner described above shall be deemed sufficiently given for all purposes at such time as it is
personally delivered to the addressee or, if mailed, three (3) days after it is deposited in the
United States mail.
7. Successors and Assigns. This Easement shall be binding upon and shall inure to
the benefit of Grantee and Grantor, their respective heirs, executors, successors and assigns as
covenants running with the land.
S. Termination. This Easement (except for Grantor's and Grantee's indemnities
and duties as provided herein) shall terminate and immediately revert to Grantor if Grantee shall
ever abandon the use of the water utility lines for the purposes herein granted.
9. No Warranty. Grantee accepts the Easement Area "AS IS ", "WHERE IS" and
"WITH ALL FAULTS" and subject to all easements, rights of way, leases, encumbrances and
instruments of record affecting the Easement Area. The rights granted in this Easement shall run
only to Grantee and its successors.
10. Entire Agreement. It is agreed that this Easement covers all the agreements
between the parties and that no representation or statements, verbal or written, have been made
modifying, adding to, or changing the terms herein. This Easement shall be interpreted strictly in
accordance with its terms.
[Signature Page Follows]
4
Executed effective as of the *r_ day of /'' , 2011.
GULF COAST RACING, LLC
By: 361 Muy Buena Suerte, LLC, Manager
By:
ony LaMantia, Member - Manager
GRANTEE:
CITY OF CORPUS CHRISTI, TEXAS
B t..
Y•
Pedro Anaya, P.E. f)ire of
Engineering Services
THE STATE OF TEXAS
COUNTY OF NUECES §
This instrument was acknowledged before me on 9 aM U, ,� - 2011 by Tony LaMantia,
Member-Manager of 361 Muy Buena Suerte, ftC, a Tex limited liability company, as
Manager of the GULF COAST RACING, LLC, a Texas limited liability company, on behalf of
said limited liability company.
KATRINA L. HALEY
z ° My commission Expires Notary Public in and for the State of Texas
October 22, Za13
[Sea]]
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on AtWaN l 0- 2011 by Pedro Anaya,
P.E., as Director of Engineering Services of the City of C us Christi, a Texas municipal
corporation, on behalf of said corporation.
Notary Public in and for the State of Tex
[Seal] MARTHA SILVIA QUIROZ
*= MY COMMISSION EXPIRES
'N .r Augua14, 2013
APPROVED AS TO LEGAL FORM, THIS - 2 -rl DAY OF uR,z , 2011.
FOR THE CITY ATTORNEY
By:
Brian N aez, Assis t City Attorney
HAH0ME1GinaWGEN1Water Lines -looping dead endslGulf Coast Racing_UE with TCE_Parcel 112-16-10
version.DOC
11
Gulf Coast Racing, LLC #8598
7.5' Utility Easement (Revised)
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 0.085 Acres (3,719 Sq. Ft.) of land out of Lot 1R, Block 1,
Corpus Christi Greyhound Racing Associates Tract as shown on plat thereof recorded in
Volume 54, Pages 131 -132 of the Map Records of Nueces County, Texas. This 0.085 Acre
Tract being more particularly described -by metes and bounds as follows:
BEGINNING at a found 518" Iron Rod on the north boundary of Lot 2, Hatch Commercial Sites as
recorded in Volume 17, Page 50 of the Map Records of Nueces County, Texas;
THENCE N89 0 17'29 "W along the north boundary line of Lots 2, 3, and 4 a distance of 212.66' to a point
on the north boundary line of lot 4, being the southwest corner of this easement;
THENCE N00 0 42'31 "E through Lot 1 R, Block 1, Corpus Christi Greyhound Racing Associates Tract as
recorded in Volume 54, Pages 131 -132 of the Map Records of Nueces County, Texas, a distance of
290.90' to a point on the south line of a 10' Utility Easement, being the northwest corner of this easement;
THENCE S89 0 19'40 "E continuing through Lot 1 R and along said easement, a distance of 7.50' to a point,
being the northeast corner of this easement;
THENCE S00 0 42'31 "W continuing through said Lot 1R a distance of 283.40' to a point, being an interior
corner of this easement;
THENCE S89 °1 T29 "E continuing through said Lot 1 R a distance of 204.82' to a point on the west
boundary line of land of The Port of Corpus Christi Authority of Nueces County, Texas as recorded in
Volume 2158, Page 252 of the Deed Records of Nueces County, Texas, being the northeast corner of
this easement;
THENCE S01 0 0657 "E along said Port of Corpus Christi a distance of 7.50' to the POINT AND PLACE
OF BEGINNING and containing 0.085 Acres (3,719 Sq. Ft.) of land.
Bearings are with reference to Grid North, Texas South Zone #4205 based of GPS observations.
State of Texas
County of Nueces
I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify
that the foregoing field notes were prepared by me from a land survey made on the ground under my
direction.
This the 27 day of December, 2010
,� J) J): o
Russell D. Ochs
State of Texas License No. 5,241
R . ' HS;
C �� . Gl + 'J �.•�
"EXHIBIT A"
S89'19'40 "E FIRE HYDRANT
SAO - WATER VALVE
S89'1 9'40'E
�- - - - - - - -- 5.00
1 10' U.E.
1 GULF COAST RACING, LLC
! CORPUS CHRISTI GREYHOUND
1 RACING ASSOCIATES TRACT
LOT 1R, BLOCK 1
VOL. 54, PGS. 131 -132
M.R.N.C.T.
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I
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r
7.5' FOOT U.E.
0.085 ACRES
(3.719 SQ. FP.}
�
N
N
DISTANCE
5' TEMPORARY
N 89' 17 29 W
212.56
CONSTRUCTION EASEMENT
0/
290.90
O
S 89'19 40 E
0.033 ACRES
S 00'42 31 W
0
(1.454 SCI. FT.)
204.82
M a
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7.5
0.085 ACRES (3,719 SQ. FT.)
c LEwa�
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7.5' dr
o -1
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5' TEMPORARY
CONSTRUCTION EASEMENT �2
0.055 ACRES a
(2,416 SQ. FT.)
S 01'06 '57" E
r 5.00
1 � $89' 1 T 29 "E - 199.65 /
10' U.E.
L1 '
-- —I - - -- - - -- __ _ —-- -----------------
N89' 17' 3
I 5.00
LONGHORN TRANSFER & STORAGE, LTD
I DOC. NO. 2002058184, O.P_R_N_C.T.
HATCH COMMERCIAL SITES
5 I 10' U.E. 4 VOL. 17, PG. 50, M.R.N.C_T.
.. t ,
- --- - - - -:Al- `5/8" I.R.
FND. 5/8" I.R. I PROPOSED
I 15' U.E.
GULF Caar RAVING, LLC WATER semcE cohwCTh W — 7.5' FOOT
UTILITY EASEAIW
OWNER. GULF COAST RACING, LLC
BEING A TRACT OF LAND CONTAINING 0.085 AC. (3,719 SQ. FT), OUT OF A PORTION OF
LOT 1R, BLOCK 1, CORPUS CHRISTI GREYHOUND RACING ASSOCIATES TRACT, VOLUME 54,
PAGES 131 -132, MAP RECORDS OF NUECES COUNTY, TEXAS
7.5' U.E. LINE TABLE
DISTANCE
N 89' 17 29 W
212.56
N 00'42 31 E
290.90
j BEARING
S 89'19 40 E
7.50
S 00'42 31 W
283.40
204.82
S(11 E
7.5
0.085 ACRES (3,719 SQ. FT.)
DETAIL
NOT TO SCALE
5' T.C.E.
� J \
r P.O B.
Li �FND.5 /8" I.R.
PL d
U
,((' U.E_ I c3
! N85'40'11
"E FND.
2 2 7 �5/B !.F
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PROPOSED
15' U.E.
Q
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X
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NOTES
-MAP TO ACCOMPANY FIELD NOTE'S
- BEARINGS ARE BASED ON STATE PL4NE GRID
COORDINATES, TEXAS SOUTH ZONE, MAD 83,
AND BASED ON CITY OF CORPUS CHRISTI GPS
MONUMENT SN 160". NORTHING = 17,182,765.16,
EASTING = 1,316,963.37.
- • DENOTES IRON ROD FOUND
DENOTES IRON PIPE FOUND
60 0 60 120
Scale In Feet
2 I I REVISED 12/27/2010
CITY of CORPUS CHRISTI, TEXAS
Department of Engineering Services
' Survey Division 361- 826 -3551
Drown By: A. JIMENEZ Date Drawn: 0910812010
Checked By. O. NESMITH Project: 8598 SHEET 1 OF
File:C: \PROJECTS\GREMOUND DOG TRACT\DWG\TOPO.DWG
Dori 2011003979
C Pages 9
02/01/2011 3 :49PM
Official Records of
NUECES COUNTY
DIANA T. OARRERA
COUNTY CLERK
Fees $47.00
City of Corpus Christi
Dept. of Engineering Services
Property and Land Acquisition
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Ana Provision herein which restricts the Salei
Rental or use of the described
REAL PROPERTY because of Racei Colorr
Relisionr Se)sr Handicaps Familial Status: or
National Origin is invalid and unenforceable
under FEDERAL LAW: M2/89.
STATE OF TEXAS
COUNTY OF NUECES
I herebg certifq that this instrument was FILED
in file number sequence an the date and at the
time stamped herein bs met and was dulg RECORDED
in the Official Public Records of
Nueces County: Texas
Diana T. Sarrera
F