The URL can be used to link to this page

Home My WebLink AboutC2011-151 - 5/5/2011 - NAF DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION #8598, Looping of Water Lines, Parcel 6 NON - EXCLUSIVE UTILITY EASEMENT D� -_� 011016361 THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT, BT -OH, LLC, a Delaware limited liability company (the surviving company under the Articles of Merger filed on June 29, 1999, which provided for the merger of Dalho Corporation and BT -OH, LLC) ( "GRANTOR "), of 55 Glenlake P.kwyNE, Atlanta, Fulton County, Georgia 30328, Attn: Real Estate Department, in consideration of ONE DOLLAR ($1.00), paid by the CITY OF CORPUS CHRISTI, TEXAS, a Texas Home Rule municipal corporation ( "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 Grantee, its successors and legal representatives, the non - exclusive 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 a 15' Utility Easement attached and incorporated as "Exhibit A" and a map showing the location of the Utility Easement attached and incorporated as "Exhibit B" (the "Easement Area "). Together with reasonable ingress, egress to and for Grantee and its successors and legal representatives to construct, service, repair, maintain, inspect, lay, operate and keep public utility lines under, on and along the Easement Area. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to Grantee, its successors, legal representatives, and franchisees for the use as a non - exclusive UTILITY EASEMENT and right-of-way for so long as used for such purpose, and ifthe use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. This Non - Exclusive Utility Easement is subject to the Addendum attached hereto and incorporated herein by this reference. [SIGNATURES COMMENCE ON FOLLOWING PAGE] I MAY 13 201, CITY SECRETARY'S OFFICE' 2011 -151 05/05/11 BT -Ox, LLC INDEXED GRANTOR: ST -1 By: limited liability company Vice President THE STATE OF GEORGIA § COUNTY OF FULTON § This instrument was acknowledged before me on April 44 , 011 by P. Charles Altimari, as Vice President of ST -OH, LLC, a Delaware limited liability company, on behalf of said company. Note Public in and for the State of Georgia ACCEPTED for Grantee, on - - 2011. 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 784699277 By: Pedro Anaya, P.E., Director Department of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1 i 2011 by Pedro Anaya, P.E., as Director of Engineering Services of the ity of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. L otary Public in and for the State of as w� e y MARTHA SILVIA QUIROZ i MY COMMf5S*N EXPIRES August 4, 2013 APPROVED AS TO ORM, THIS E b DAY OF 2011. FOR THE CITY ATTORNEY By: n; , L. Brian Narvaez Assi ant City Attorney CITY LEGAL DEPARTMENT H:%HOMEITrinaHIGEN%Water Lines - looping dead ends%UE_BT- OH- LLC_Parcel 6.doc Adderidutn This Addendum is annexed to a Non - Exclusive Utility Easement (the "Easement ") granted by BT -OH, LLC, a Delaware limited liability company ( "Grantor "), to the City of Corpus Christi, Texas, a Texas Home Rule municipal corporation ( "Grantee "). If there is any conflict between the terms of this Addendum and the terms of the Easement, the terms of this Addendum shall control. (1) Grantee will cause its agents, employees and contractors to use all reasonable precautions to avoid damage. to Grantor's property, and will not allow any lien to be placed on Grantor's property. (2) Grantee shall minimize any disruption to Grantor's business operations occasioned by Grantee's use ofthe Easement Area. Installation shall be accomplished in an expeditious manner and all maintenance and repairs shall be performed in a similar fashion. Grantee is a self insured public entity as allowed by the State of Texas for general liability, auto liability, and workers compensation insurance, and Grantee shall provide evidence of its status as a self insured entity to Grantor. (3) Grantee, upon conclusion of any activity upon said real property, shall cause all debris and materials incident to such activity to be removed from Grantor's property and to the extent reasonably possible, shall restore the property to its pre - existing state. (4) Grantor shall have the right to use the surface of said real property for any purpose which does not interfere with Grantee's use of the Easement conveyed, including, but not limited to, the right to pave over and park on said Easement Area. Additionally, Grantee shall not use the surface of the Easement Area for any purpose and in any manner not specifically authorized herein. Grantee hereby covenants and agrees not to interfere with Grantor's use of the surface of the Easement Area. (5) Grantee shall comply with all Local, State and Federal environmental laws, rules, codes and regulations in connection with its activities on Grantor's premises and in the Easement Area. Grantee shall indemnify, defend and hold Grantor harmless from any breach of the foregoing covenant. (6) The Easement shall not be effective until Grantor and Grantee have executed this Addendum. GRANTOR: BT -0H, PLC, a DXaware limited liability company President Date/ A t 2011 GRANTEE: City of Corpus Christi, Texas By: Title -C�mr v 1` 4Y1t'��(it1U lU �CQS Date: M , 2011 Approved as to form: %A—x% - ki By V • Z!5., �;2 . i L. Brian Narvan Assistant City Attorney For City Attorney ST -01- i =LLC 15' Utility Easement - Project 98598 STATE OF TEXAS COUNTY OF NUECES BEING a of land containing 0.07 Acres (3,022 Sq. Ft.) out of Lot 1, Block 4, Sun Belt Industrial Park as shown on plat thereof recorded in Volume 53, Page 121 of the Map Records of Nueces County, Texas. This 0.07 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a found 518" Iron Rod at the northeast corner of Lot 6, Block 1 of the Westside Industrial District as recorded in Volume 36, Page 18 of the "Map Records of Nueces County, Texas; THENCE N01 0 21'00"E along the west right -of -way line of Navigation Boulevard a distance of 265.33' to the Point of Beginning, being the southeast corner of this easement; THENCE N88 0 39'00 "W through Lot 1, Block 4, Sun Belt Industrial Park as shown on plat thereof recorded in Volume 53, Page 121 of the Map Records of Nueces County, Texas, a distance of 201.31' to a Point on the easterly line of a 10' utility easement as recorded in Volume 2124, Page 874 of the Deed Records of Nueces County, Texas, being the southwest corner of this easement; THENCE N00 °00'00 "E continuing through said Lot 1 and along said easement a distance of 15.00' to a Point, being the northwest corner of this easement; THENCE S88 0 39'00 "E continuing through said Lot 1 a distance of 201.66' to a Point on the west right -of- way line of Navigation Boulevard, being the northeast corner of this easement; THENCE S01 0 21'00 "W along the west right -of -way line of Navigation Boulevard, a distance of 15.00' to the POINT AND PLACE OF BEGINNING and containing 0.07 Acres of land. Bearings are with reference to the south boundary line of Lot 1, Block 4, Sun Belt Industrial Park as recorded in Volume 53, Page 121 of the Map Records of Nueces County, Texas; State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, TX, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 05 day of October, 2010 Q , . Russell D. Ochs RLlSSEE L �• OL[?�' State of Texas License No. 5,241 �''�0 524; � ; 9 �QFESSl�:L� M "PY141RIT All LOT 19, ITLOCW SUIV Bflff INDUSl7'?f4L PA)'I{ frn1. 45, Wages 193 -195 14. R.1v C. T 8EARtNGS ARE BASED ON THE SOUTH BOUNDARY LINE OF LOT 1, BLOCK 4 SUN BELT INDUSTRIAL PARK AS RECORED IN VOLUME 53, PAGE 121 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. LINE LEGEND L1 = N88'39'00 "W 201.31' L2 = N00'00'00 "E 15.00' L3 = S88'39'00 "E 201.66' L4 = S01'21'00 "W 15.00' 2 I l W W 1 / SUNRELT ZNDUS'TR14L PARK '02' 1A, 9-10f-'Z 4 VOL. 64. 114G -P B? , I W 1 CP&L EASM64 T I I / 7669, rG. 41 � � 1 99' LA. E��,� -- -- VOIL 124, PGS 977 -679 (PLAT S90`0€' ' °E E 7Br .87) 1 S90'00 78� -2G' d I FN-J FU. 3/6" J 1 FD. S/8' 1 FO, CONCRETE MONUMENT IA. I.R. o I W/BRASS CAP ti. I I 1 �1 4@ 1 VOL. 2099, PGS ?9C T02, 3.03? 0.07 AC ' � ► j D.R.N. C. T. m s I � 0 4 + W :i,. ABBREVIATIONS SUN BELT INDUSTRIAL PARK L Z $ AC- ACRES I LOT 1, BLOCK 4 1 I FH• nRE H)DRANT VOL. 53, PG. 121 I i P.g.B 5 F0. NNR � 1R- I ROIr1 x �I MR.N.C.T I 1 v M.R.N. MAP RECORDS OF NIECES 1 i I I I CODUrr, TEXAS I II { I PG.- PAGE ! t;' u.r. I I r i VOL 2 PG. 674 I }� PGS" PAGES G i o.R.rS.C.r. I I PQB= POINT OF BEGINNING I I POC= POINT OF COILIIENCEMENT I a 1 FH — l95' _ -- PL— PROPERTY LINE _ - - -- - -- -- - - - - a - - - -- R — SQ. FT- SQUAREST s9obo'oo "w 771 F.OG. I /s' uE= UMJ rEASEMENr r / FD. 5 /9' I s VOL. VMLIME ,r ii LR. Lq. 9 I LOT d. BLOCK 1 WV WATER VAL VE W STSID. IN- 01, D�St "RIOT rR= YARD REQUIREMENT Vol. 36, pg. 1 a 15' FOOT WIDE UTILITY EASEMENT OWNER: BT OH —LLC VOL. 2099, PGS 700-702 D. R. N. C. T. BEING A TRACT OF LAND CONTAINING 0.07 ACRES (J,022 SO FT) OUT OF A PORTION OF LOT 1, BLOCK - 4, SUN BELT INDUSTRIAL PARK, AS SHOWN ON MAP THEREOF, RECORDED IN VOLUME 53, PAGE 121, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. o 00 r 200 40 • ■ i i ■ ! Sc In Feet CITY of CORPUS CHRISTI, TEXAS Department t of Engineering Services P 9 9 Survey Division Date: 0912812010 Rle: G` \2010 PROlECTS\DEM LOOP\UPS NAVIGATION\UPS D£M LOOP EXHIBIT.dwg Drawn By. 0. NESMITH Fil e: H ,•,HOME\MANUELAN�PROJECTS\WATER DEPARTMENT\UPS DEM LOOP EXH1917.dwg Checked By. R. A OCHS SHEET 1 OF 1 Project: 18598 Doc'r 213 110 1636 1 # Pages 7 05/12/2011 12:47PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 Anu proviyion herein which restricts the Gu1m, Rental or use of the described REAL PROPERTY because of Race, Color, Re1imion, Sex, Handicap, Familial Status, or National Oriyio is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senumnoe on the dote and at the time etumned herein hu me, and was duly RECORDED in the Official Public Records of Nuecmm County, Texas Diana T. Burrero A c~�- ' City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition P.0.Box 9277 Corpus Christi, TX 78469-9277