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HomeMy WebLinkAboutC2012-051 - 2/9/2012 - NADEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Kostoryz Road — Phase 1, Parcels 9 & 10 - ##6489 RIGHT -OF -WAY EASEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT I, DAVID ALAN GARZA ( "GRANTOR ") of 2250 Mono St., Oxnard, California, 93030, owning individually as my sole and separate property a 7.1428571% undivided interest in the property being conveyed, in consideration of TEN DOLLARS ($10.00) 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, have granted, sold and conveyed my 7.1428571% undivided interest, and do hereby grant, sell and convey to Grantee, 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" and "Exhibit C" and maps showing the location of the RIGHT -OF -WAY EASEMENT attached and incorporated as "Exhibit B" and "Exhibit D" ("Premises"). Together with the free ingress, egress and regress to and for Grantee, 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 Grantee, its successors, legal representatives, franchisees and the public, for the proper use as public streets and utility easements for so long as used for such purposes, and if the use for said easements and rights of way is ever abandoned, then the aforesaid rights and privileges cease. GRANTOR 2012 -051 02/09/12 DAVID ALAN GARZA David Alan Garza INDEXED THE STATE OF CALIFORNIA § COUNTY OF V C-PTQ i W § This instrument was acknowledged before me on F yf SAQ O f A.y Z ' 2012 by David Alan Garza. �7 Notary Public in an for the State of California — ABEL BaI�RAGAnI (Seal} COMM. #1941671 Z Notary Public California Z 61MI Ventura County C omm. E ires July 16, 2015 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on Fe ry a �..� , 2012. 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 By Daniel Biles, P.E., Interim Director Department of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on cf hy VA Kq 2012 by Daniel Biles, P.E., as Interim Director of Engineering Services bf the City of Corpus Christi, Texas, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas (Seal) aq■ MARTI4A SIIVIA QUIROZ -'# MARTHA SfI ViA MY COMMISSION EXPIRES MY COMMISSrt, " p °ii F " y+ August 4, 2013 APPROVED AS TO LEGAL FORM, THIS DAY OF. , 2012. FOR THE CITY ATTORNEY By: Veronica t Ocafias. Assistant City Attorney CITY LEGAL DEPARTMENT JAGEN1Kostoryz 1Road_6489aOW Esmt_David Garza 1- 20- 12.doc KOSTORYZ ROAD, PHncE 1 RIGHT OF WAY ACQUISITION LOT 6 -A, AVA COOPER SUBDIVISION PARCEL9 EXHIBIT A BEING a 628 square foot tract of land out of Lot 6 -A, Ava Cooper Subdivision, a map of which is recorded in Volume 33, Page 73, Map Records, Nueces County, Texas. This 628 square foot tract of land is more particularly described by metes and bounds as follows: BEGINNING at the southeasterly corner of said Lot 6 -A and the northeasterly corner of Lot 7 -L, Ava Cooper Subdivision, a map of which is recorded in Volume 34, Page 36, Map Records Nueces County, Texas and being on the original westerly right of way line of Kostoryz Road (a 70 foot right of way), from which a 5/8 inch iron rod found at the northeasterly corner of Lot 6 ' /2 of said Ava Cooper Subdivision, a map of which is recorded in Volume 10, Page 25, Map Records, Nueces County, Texas bears South 28° 04' 39" West, a distance of 549.60 feet, for southeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE: North 61° 47' 21" West with the northerly line of said Lot 7 -L and the southerly line of said Lot 6 -A, a distance of 10.00 feet to a point for the southwesterly corner of the herein described tract; THENCE: North 28 04' 39" East, a distance of 62.79 feet to a point on the northerly line of said Lot 6 -A and the southerly line of Lot 5 -A of said Ava Cooper Subdivision, a map of which is recorded in Volume 38, Page 182, Map Records, Nueces County, Texas for the northwesterly corner of the herein described tract; THENCE: South 61 47' 21" East, with the northerly line of said Lot 6 -A and the southerly line of said Lot 5 -A, a distance of 10.00 feet to the southeasterly corner of said Lot 5 -A and the northeasterly corner of said Lot 6 -A and being on said original westerly right of way line of said Kostoryz Road, for the northeasterly corner of the herein described tract; THENCE: South 28° 04' 39" West with said westerly line of Kostoryz Road, a distance of 62.79 feet to the POINT OF BEGINNING of the herein described tract and containing 628 square feet of land more or less. Raul A. Castillo, R.P.L.S. No. 5061 PHASE 1 — ROW Exhibit 09 — 628 Sq Ft Acq MBDs .. ........................... .RAUL A...CASTiLLO ES S 5061 �: OF "EXHIBIT A" �N J N z LLJ 0) oQ 0 0 LLJ T LOT 6 -A AVA COOPER SUBDIVISION VOLUME 33, PAGE 73 M. R. N. C. T. EDWARD S. GARZA AND AMANDA P. GARZA DOC NO. 887864 0. P. R. N. C. T. 4,333 KOSTORYZ ROAD 25' BUILDING SETBACK LINE Z � O 628 SQUARE FEET ASPHALT / WRIIIIIIIIIIIIIIIII11 r � L N28'04 '39 "E 62.79' M. R. N. C. T. MAP RECORDS, NUECES COUNTY, TEXAS O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS z NG NATURAL GROUND 0. PG PAGE ti N z � Q� oo N oa w EXIS CONC WALK NG ONC CURB & GUTTER O TYP TYPICAL KOSTORYZ ROAD a VOL _ ' VOLUME OF g � �Gl TI' F gyp-. � �Rfo. +9 AN 5 RAUL A. CASTILLO 5061 " 0 FESSIO�.:i�4. o This map represents a boundary survey made on the ground under my supervision on the 1st day of July of 2 �� U 0 a os i lo, 061 a BEARINGS ARE BASED ON NAD83 US SURVEY FEET TEXAS SOUTH ZONE PARCEL 9 GRAPHIC S CALE EXHIBIT B 1 •'� 1 °• ° 5} 1 � KOSTORYZ ROAD, PHASE 1 FROM HORNE TO SUNNYBROOK ROAD WITH BRAWNER DITCH OFF -SITE DRAINAGE AVA COOPER SUBDIVISION GOLDSTON ENGINEERING RIGHT OF WAY ACQUISITION A CH21INHILL Company pROJ. NO. DATE; DWG. TOPE Firm No F-2297 390888 C2-1 1 —11 6 "EXHIBIT B" 528'04 �04 39 W j Y 549 5as.so' CONC WALK N OI NT OF N G BEGINNING z FND 518" IRON ROD AT THE ° NORTHEAST CORNER OF LOT 6 112 o OF THE AVA COOPER ADDITION, Q VOLUME 10, PAGE 25, M.R.N. C. 7. ABBREVIATIONS CONC CONCRETE FND FOUND M. R. N. C. T. MAP RECORDS, NUECES COUNTY, TEXAS O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS z NG NATURAL GROUND 0. PG PAGE ti N z � Q� oo N oa w EXIS CONC WALK NG ONC CURB & GUTTER O TYP TYPICAL KOSTORYZ ROAD a VOL _ ' VOLUME OF g � �Gl TI' F gyp-. � �Rfo. +9 AN 5 RAUL A. CASTILLO 5061 " 0 FESSIO�.:i�4. o This map represents a boundary survey made on the ground under my supervision on the 1st day of July of 2 �� U 0 a os i lo, 061 a BEARINGS ARE BASED ON NAD83 US SURVEY FEET TEXAS SOUTH ZONE PARCEL 9 GRAPHIC S CALE EXHIBIT B 1 •'� 1 °• ° 5} 1 � KOSTORYZ ROAD, PHASE 1 FROM HORNE TO SUNNYBROOK ROAD WITH BRAWNER DITCH OFF -SITE DRAINAGE AVA COOPER SUBDIVISION GOLDSTON ENGINEERING RIGHT OF WAY ACQUISITION A CH21INHILL Company pROJ. NO. DATE; DWG. TOPE Firm No F-2297 390888 C2-1 1 —11 6 "EXHIBIT B" KOSTORYZ ROAD, PHASE 1 RIGHT OF WAY ACQUISITION LOT 5 -A, AVA COOPER SUBDIVISION PARCEL 10 BEING a 628 square foot tract of land out of Lot 5 -A, Ava Cooper Subdivision, a map of which is recorded in Volume 38, Page 182, Map Records, Nueces County, Texas. This 628 square foot tract of land is more particularly described by metes and bounds as follows: BEGINNING at the southeasterly corner of said Lot 5 -A and the northeasterly corner of Lot 6 -A, Ava Cooper Subdivision, a map of which is recorded in Volume 33, Page 73, Map Records Nueces County, Texas and being on the original westerly right of way line of Kostoryz Road (a 70 foot right of way), from which a 518 inch iron rod found at the northeasterly corner of Lot 6 '/z of said Ava Cooper Subdivision, a reap of which is recorded in Volume 10, Page 25, Map Records, Nueces County, Texas bears South 28° 04' 39" West, a distance of 612.39 feet, for southeasterly corner and POINT OF BEGINNING of the herein described tract; THENCE: North 61' 47' 21" West with the northerly line of said Lot 6 -A and the southerly line of said Lot 5 -A, a distance of 10.00 feet to a point for the southwesterly corner of the herein described tract; THENCE: North 28° 04' 39" East, a distance of 62.79 feet to a point on the northerly line of said Lot 5 -A and the southerly line of Lot 4 (also known as Lot 4J) of said Ava Cooper Subdivision, a map of which is recorded in Volume 10, Page 25, Map Records, Nueces County, Texas for the northwesterly corner of the herein described tract; THENCE: South 61° 47' 21" East, with the northerly line of said Lot 5 -A and the southerly line of said Lot 4J, a distance of 10.00 feet to the southeasterly corner of said Lot 6 -A and the northeasterly corner of said Lot 5 -A and being on said original westerly right of way line of said Kostoryz Road, for the northeasterly corner of the herein described tract; THENCE: South 28° 04' 39" West with said westerly line of Kostoryz Road, a distance of 62.79 feet to the POINT OF BEGINNING of the herein described tract and containing 628 square feet of land more or less. Raul A. Castillo, R.P.L.S. No. 5061 RA N � . UL A. PHASE 1 — ROW Exhibit 10 — 628 Sq Ft Acq MBDs a 5061 � �•. � Exhibit "T" N 0 O�Zr1 ?v�,o 628 SQUARE FE Q 941 4 o� In N LOT 5 -A AVA COOPER SUBDIVISION VOLUME 38, PAGE 182 M. R. N. C. T. EDWARD GARZA AND AMANDA GARZA VOL. 2204, PGS, 259-267 D. R. N. C. T 4329 KOSTORYZ ROAD 25' BUILDING SETBACK LINE ASPHALT N28'04'39 "E OINT OF zb 04 � EGINNING CONC WALK 62.79' "O� `—FND 518 IRON ROD AT THE '*- -- CONC CURB NORTHEAST CORNER OF LOT 6 112 & GUTTER OF THE AVA COOPER ADDITION, VOLUME 10, PAGE 25, M. R- N. C. T. ABBREVIATIONS CONC CONCRETE FND FOUND M. R. N. C. T. MAP RECORDS, NUECES COUNTY, TEXAS D. R. N. G T. DEED RECORDS, NUECES COUNTY, TEXAS t ) O. P. R. N. C. T. OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS NG NATURAL GROUND PG PAGE KOST ROAD TYP TY PICAL VOL VOLUME O LO z� ��rnZ O� c� cc Q U G a N O • tl- A E 1 ©F ' .0' TE. F tiP � RFa v . .............................. BEARINGS ARE BASED ON NAD83 RA . UL A. CASTILLO US SURVEY FEET TEXAS SOUTH ZONE 5061 lgN���ESS►0?yD� PARCEL 10 GRAPHIC SC ALE SURD o s' 10* 20• This map represents a boundary KOSTORYZ ROAD, PHASE 1 survey made on the ground under FROM HORNS TO SUNNYBROOK ROAD my supervision on the ist day of WITH BRAWNER DITCH OFF —SITE DRAINAGE July of 2 9. AVA COOPER SUBDIVISION : 0 w GOLDS TON ENGINEERING RIGHT OF WAY ACQUIS11ION A CN2MHILL Company PROD- NO. DATE: DWG. HOW Cos ; Io, 6 i TBPE Firm No. F-2297 390888 02 -11 -11 7 Exhibit "TH ���20 12 0 C 4 6 U1;1; t Puses 8 02/09/2012 2:27PM Ufficiol Records of NUECES COUNTY DIANA T. BARRERA COUNTT CLERK Fees $43.00 Auy vrovision nerein which restricts the Sole, Rental or use of the described R�AL i TY becouse of Ruce, Color, Relision, Sax, Hand 1- Fomiliol Status.-. or Notional Orisin is invalid ond unenforceable under FEDERAL LAW, 3/12/O9. STATE OF TEXAS COUNTY OF 0UECES I herebu cert�fy that this instrument was FILED |n f|le number sequence on the dote ond at the time stomned hit-rein by me, and was duly RECORDED in the Off{cioI Public Records of Nueces Caunty, Texas Diana T. Qorrero ��