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HomeMy WebLinkAboutC2011-430 - 6/30/2011 - NANOTICE OF CONFIDENTIALITY 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. THE STATE OF TEXAS COUNTY OF NUECES D o ,= Utility Easement KNOW ALL BY THESE PRESENTS: THAT the, Devary Durrill Foundation, ( "Grantor "), of 615 South Upper Broadway, City of Corpus Christi, Nueces County, State of Texas, in consideration of $1.00 (ONE DOLLAR), 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 and conveyed, and does grant and convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors, legal representatives, and franchisees, 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 for the 15 foot wide UTILITY EASEMENT, out of the northwest corner of Tract 1, One Hundred South Padre, and said Tract 1 being a 17.631 acre tract recorded in Volume 2151, page 553, Deed Records of Nueces County, Texas, being a Portion of Lot 3, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots, as recorded in Volume A, Page 53, Map Records of Nueces County, Texas, attached and incorporated as "Exhibit A ". (Premises) Map showing the location of the 15 foot wide UTILITY EASEMENT described heretofore is attached and incorporated as "Exhibit B ". (Premises) Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, for the purposes of constructing, laying, erecting, installing, replacing, using, reconstructing, modifying, removing, operating, inspecting, servicing, repairing, maintaining and keeping public utility lines in, on, over, under and along said tract. Devary Durrill Foundation 2011 -430 0.511 Acre Utility Easement 06/30/11 Page 1 of 3 Devary Durrill Foundation INDEXED TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives permitted assigns, and franchisees, for use as a utility easement, for so long as used for such purposes, and if the use of said easement ever be abandoned, then, in that event, the aforesaid rights and privileges shall cease. Executed in duplicate, either copy of which constitutes an original. N 3 1 VE RY U� ( t t , Director) GRANTOR Devary Durrill Foundation THE STATE OF TEXAS COUNTY OF NUECES i/ This in m nt w ckno ledged b ore me on the day o ,� ' , 20 W , by {name) �tst,jtitle) r .. 41 ✓ of Devary Durri � Foundation, in the capacity therein stated. /I 9 Al / N ary Public/in ` - d for the State of Texas [Seal] MREBE GREENE CCA !VOTARY PUBLIC state d Texas Comm. ap. 0712 &12073 Devary Durrill Foundation 0.511 Acre Utility Easement Page 2 of 3 GRANTEE ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on C. /r//'B �9 , 2011. 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, exas 78469 -9277 Pedro Anaya, P.E. Director of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the ,�0 day of r/�/�� , 20 // , by Pedro Anaya, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the Staff klexas EUSE810GARM fl! [Seal] MY COMMI EXPIRES Psbruary 14, 2013 APPROVED AS TO LEGAL FORM, THIS DAY OF f , 2011 FOR THE CITY ATTORNEY By: �1 � r---- Deborah rown Assistant City Attorney Devary Durrill Foundation 0.511 Acre Utility Easement Page 3 of 3 EXHIBIT "A" METES AND BOUNDS PROPERTY DESCRIPTION UTILITY EASEMENT Field note description of a 15 foot utility easement being out of the northwest corner of Tract 1, One Hundred South Padre, and said Tract 1 being a 17.631 acre tract recorded in Volume 2151, page 553, Deed Records of Nueces County, Texas, being a Portion of Lot 3, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots, as recorded in Volume A, Page 53, Map Records of Nueces County, Texas. Said 15 foot utility easement is situated in Nueces County, Texas approximately 4.5 miles southwest of the City Hall in Corpus Christi, Texas and is described by metes and bounds as follows: COMMENCING at a 518" iron rod found along the northeast right -of -way of State Highway 358 (South Padre Island Drive) on the northwest side of Investment Boulevard, as shown on 100 South Padre Unit 2, a map which is recorded in Volume 47, Page 231 -233, Map Records of Nueces County, Texas, for the south corner of said 17.631 acre tract,. THENCE N 40 0 50'16" W along the northeast right -of -way of said State Highway 358, at 530.00 feet pass a 518" iron rod with cap found for the south corner of a 5.2033 acre tract (Proposed Lot 1,. Block 1, 100 South Padre), at 1086.45 feet pass a Texas Highway Department Monument found, in all a distance of 1129.69 feet to a 518" iron rod with cap set for the west corner of said 5.2033 acre tract for the POINT OF BEGINNING and south corner of this 15 foot utility easement; THENCE N 40 W continuing along the northeast right -of -way of said State Highway 358, at 8.00 feet pass a 518" iron rod with cap found in all a distance of 439.49 feet to a broken Texas Highway Department Monument found at an angle corner of said 17.631 acre tract for an angle corner of this 15 foot utility easement, whence a Texas Highway Department Monument found at the angle corner bears N 49 °09'44" E, a distance of 1.50 feet; THENCE N 35 0 38'32" W continuing along the northeast right -of -way of said State Highway 358, a distance of 222.10 feet to a Texas Highway Department Monument found at an angle corner of said 17.631 acre tract for the west corner of this 15 foot utility easement; Exhibit A 0.511 Acre Utility Easement Page 1 of 3 THENCE N 44 °31'16" E, a distance of 73.05 feet to a Texas Highway Department Monument found at the southeast right -of -way of Bear Lane for an angle corner of said 17.631 acre tract for an angle corner of this 15 foot utility easement; THENCE N 89 0 50'08" E continuing along the southeast right -of -way of Bear Lane, a distance of 163.17 feet to a 518" iron rod with cap found for an angle corner of said 17.631 acre tract for an angle corner of this 15 foot utility easement; THENCE N 00 °09'52" W continuing along the southeast right -of -way of Bear Lane, a distance of 10.00 feet to a 518" iron rod with cap found for an angle corner of said 17.631 acre tract for an angle corner of this 15 foot utility easement; THENCE N 89 0 50'08" E continuing along the southeast right -of -way of Bear Lane, a distance of 596.06 feet to a 518" iron rod with cap found for an angle corner of said 17.631 acre tract for the north corner of this 15 foot utility easement; THENCE SOUTH, at 10.00 feet pass a 518" iron rod with cap found for an angle corner of said 17.631 acre tract, in all a distance of 15.00 feet to a point for an angle corner of this 15 foot utility easement; THENCE S 89 0 50'08" W, a distance of 581.02 feet to a point for an angle corner of this 15 foot utility easement; THENCE S 00 °09'52" E, a distance of 10.00 feet to a point for an angle corner of this 15 foot utility easement; THENCE S 89 °50'08" W, a distance of 171.90 feet to a point for an angle corner of this 15 foot utility easement; THENCE S 44 0 31'16" W, a distance of 54.16 feet to a point for an angel corner of this 15 foot utility easement; THENCE S 35 °38'32" E, a distance of 208.80 feet to a point for and angle corner of this 15 foot utility easement; THENCE S 40 °50'16" E, a distance of 438.81 feet to a point at the northwest line of said 5.2033 acre tract for the east corner of this 15 foot utility easement; Exhibit A 0.511 Acre Utility Easement Page 2 of 3 THENCE S 49 °09'44" W, a distance of 15.00 feet to the POINT OF BEGINNING of this 15 foot utility easement and containing 0.511 acres, more or less. This field notes description is accompanied by a survey drawing of a 0.511 acre tract, titled Exhibit B, dated May 31, 2011. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 31 th day of May, 2011. 1 - * � r Registered Professional Land Surveyor Texas Registration No. 4471 Exhibit A 0.511 Acre Utility Easement Page 3 of 3 FOUND 5/8" ' IRON ROD W/ CAP /� FOUND 5/8 ° IRON ROD /♦ \CAP AT 10,04' GRAPHIC SCALE " / 0 50' 100' 15D' 200` -- - - / / // (0 °Y 4 O is .�• /per r 3� � O r / / S 00 E 10.00' N 00'09'52 " / W 10.00' FOUND 5 IRON R06 W/ CAP FOUND BRASS DISK ON HIGHWAY MONUMENT S 44'31'16" W 54.16' / / ` 's SOUTH 15.00' sOC./�� Aq��F A ti ti F �i �sff6 ♦2��� A n.J a Q Gr Q � UTILITY EASEMENT 0.511 ACRES �n S 49'09'44" W 15.00' 1 S 40'50'16" E 438.81' OMMO L-FOUND BRASS DISK ON HIGHWAY MONUMENT N 44'31'16" E 73.05' {� SH 358 /S PA ISLA DRIV THIS DRAWING 15 ACCOMPANIED BY FIELD NOTES DATED MAY 31, 2411, TBPE FIRM REG. N0. F -2037 P.O.Box 2927 78403 820 Buffalo Street 78401 Corpus Christi, Texas phone: 361.887.8851 rite Fax: 361, 887.8855 e —mail: rve ®rve— inc.com engineering - diving -surveying website: www.rve- inc.com FOUND BRASS DISK ON r N 4050' 1 6" W 439.49' HIGHWAY MONUMENT FOUND 5�8" FOUND BROKEN IRON RO AT 8.00' HIGHWAY MONUMENT POINT OF BEGINNING 5/8" IRON ROD SET i :7 I 51�1 POINT OF COMMENCEMENT 0 M O O V 6� N 1,129.69' Exhibit B Easement Property Doc" 201 1023254 # Poaey 8 07/05/2011 10:41AM Official Records of NUEC[G COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43"00 Anu npoviyion herein which restricts the Sale, Rental or use of the described REAL PROPERTY because. of Race, Color, Relisinn, Sex, Handicap, Familial Status, or National Oriain is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECEG I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stomped herein bu me, mid was duly RECORDED in the Official Public Records of Numcem County, Texas Diana T. Burrero � �r��»^ ^'«=""' Dw,a~'P"'`~'^ Serv — ��o�� u�*�vu. "°"",°~— ���������� ��� 4 H� u'-rw^'�*wpo/�,=�^"� .~~ �� Christ!, �������� ^p��M�� "vv a��w��