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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. �, • t n I w 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 N N It D 7.5 0.085 ACRES (3,719 SQ. FT.) c LEwa� � U U UmZ r a a o 7.5' dr o -1 U ? 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 r PROPOSED 15' U.E. Q m H X W 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