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HomeMy WebLinkAboutC2012-220 - 6/26/2012 - ApprovedDEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacemcnt, Parcels 3A, 3B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS . § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That I, James Daniel Walker, 4225 Choctaw Drive SE, Huntsville, Madison County, State of Alabama, 35801 -1015, hereinafter called GRANTOR, is the owner of an undivided 11.04 acres, more or less, out of the 143.56 acre tract out of Tracts 1 and 2 of the 456.80 V.M. Donigan Partition situated in the City of Corpus Christi, County of Nueces, State of Texas, for and in consideration of the sum of Ten Dollars and no cents ($10.00) and other good and valuable consideration to it in hand paid by THE CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, has this day sold, and by these presents does grant, bargain, sell and convey unto the said GRANTEE all my interest to that certain tract or parcel of land lying and being situated in the County of Nueces, State of Texas, more particularly described as follows to -wit: See the metes and bounds property descriptions attached hereto and made a part hereof for all purposes as Exhibits "A" and "C ". Maps showing the location of the acquisitions are attached hereto for all purposes as Exhibits "B" and « D „ Special Provisions: (1) The City of Corpus Christi agrees to convey to the Grantors an Access Easement along the access road being acquired by the City from Hopkins Road to the Grantors' west property line. This conveyance will be done once the City acquires full title to the subject right of way. Access along this road will be restricted to non - commercial type vehicles not to exceed 11,000 pounds in gross vehicle weight rating. (2) The City of Corpus Christi will place reinforced concrete paving along a section of this access road on both sides to allow any tenant farmer to cross from the one side to the other with their farming equipment which may exceed the 11,000 pounds in gross vehicle weight rating. If in the future the City fences the access road, cmtec will he installed at this location to provide access for the farmer to cross the paved 2012- 220yombinations will be provided to the Grantors and tenant farmer for 6126112 M2012 -116 J:IGEMDEEDSICCIA.James Walker.Revised.doe James Daniel Walker Page I of INDEXED the gate to be placed at the entrance off of Hopkins Road. (4) The Grantors retain their undivided interest in the mineral rights under the property being conveyed to the City. This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any conveyance of the surface estate, mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights -of -way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the above described premises herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging to the said City of Corpus Christi, its successors and assigns, forever, and Grantors do hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the exceptions to conveyance and warranty. Grantee further acknowledges and agrees that the conveyance of the property as provided for herein is made on an "AS IS, WHERE IS" condition and basis with all faults. IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals this day of ,2012. J es Daniel alker ACKNOWLEDGEMENT STATE OF ALABAMA NEC lf�(� u : o mew BE IT REMEMBERED that on this 4), day of ,� �� , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came James Daniel Walker, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year last above written. JAGENWEEDSICCIAJames Walker.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 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 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY O ® – 1 - 1� .AWNQKU.. OYl11CiL acs THE STATE OF TEXAS § SECi�� COUNTY OF NUECES § This instrument ga vl srk C po dged before me on ' 2012 by s ityanager for the City of Corpus C st4Tas municipal corporation, on behalf of said corporation. n n 0 Notary Publ& . in and for the Stat6kf Texas {PRr "Ru MONIQUE T'A MEZ LERMA Notary Public ' +. STATE OF TEXAS MY Comm, Exp. 01.20.2013 JAGEMDEEDS MA.James Walker.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT JAGEMDEEbS MA.James Walker.Revised.doe Page 4 of 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.68 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 2 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nucces County Texas, and being more particularly described by metes and hounds as follows: COMMENCING at a point for the southwest corner of said Tract 2, the southeast comer of Tract 3 of said V.M. Donigan 456.80 acre partition, and the north right-of-way line of the Texas Mexican Railroad from which a 1" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°- 34' -5I" West; 2188.29 feet; Thence North 00 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 451,20 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00°- 47' -34" West, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 feet to a point for tiie northwest corner of the tract herein described; Thence North 88 39'46" East, a distance of 200.01 feet to a point for all exterior corner of the tract herein described; Thence South 67 -46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 39' -16" East, a distance of 406.98 feet to a point in the east line of said Tract.2 and the west fine of Tract 1 of said partition for the northeast corner of the tract herein described; Thence. South 00 East, with the common boundary line of said Tract l and said Tract 2, a distance of 40.00 feet to a point for the southeast corner of the tract herein described; Thence 'South 88 °- 39' -16" Nest, a distance of 415.00 feet to a point for an exterior comer of the tract herein described; Thence North 67 35'46" West, a distance of 136.57 feel to a point for an interior comer of the tract herein described; Thence South 88°- 39' -16" West, a distance ❑f 191.99 feet to a point in the west flue of said Tract 2 and the east line of said Tract 3 for the southwest corner of the herein described easement and for the POINT OF BEGINNING, Containing more or less 0.68 (29,742.36 Square Feet) acres of land. Bearings are based 611 Texas State Plane Zone 4205 NA1D 83. State of Texas County ofNucew 1, Horncio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the 1 A day of 2012. Horacio 011ive'll's State of Texas License No. 1415 tp H� �R�i�1a OI.N�I�A ' 141 0Q' suau Exhibit "A" \N/ PL PL Pi PL SCALE: 1 " =200' PL PL PL PL - M TRACT 1 N 88 '39'16" E z w _ (� S 00'47'23" E- 200.01' 91,36 AC. 40.00' a VOLUME 1, PAGES 48 & 49 v 1.1iSCELlN4I, US MAP RECORDS N 88 E � PL NUECES COUNTY, TEXAS 406.98' PL P! CLERKS FILE NO. 320003 TRACT 3 - VOLUME 501, PAGE 228 LANE 91.36 AC. VOLUME D.R.N.C.T. GASUNE TRACT 2 I, PAGES 48 do 49 NISCELIANEOUS t1�: f£R et0' 91.36 AC, - 0.68 ACRES - VOLUME 1. PAGES 48 & 49 BEOMNIHG MISCELLANEOUS MAP RECORDS N 00'4T34� LV 451.20 PL RL ENT€RPRiSE PETRD PIPELINE NUECES COU NTY, TEXAS VOLUME 501 PACE 226 - CLERKS nLf No. 320003 VOLUME 501, PAGE 228 m S 67'35'46" E� D.R.N.C.T. 0.68 AC. 136.57' a� z„Wx a M N 88 '39'16" E z w _ (� iW 415.00' 1 0 200.01' O L a a v OF N 0(747'34" w- PL PL PL FY- . kb PL P! N 67'35'46" 1� TRACT 3 IpfiA�10 [)LlV1RA B AIR LIQUIDE LANE 91.36 AC. VOLUME 1 .4 1415 Q � 9d GASUNE I, PAGES 48 do 49 NISCELIANEOUS t1�: f£R et0' 191.99' IMP RECORDS NUECES COUNTY, TEXAS �Q �I CSU�tV�C BEOMNIHG CLERKS TILE NO. 320003 N 00'4T34� LV 451.20 PL RL ENT€RPRiSE PETRD PIPELINE _ VOLUME 501 PACE 226 .Skate of Texas D.R.N.C.T. County of Nueoee I,- Horacio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify that the foregoing mop was prepared from informotion of record and from a survey made on the ground under my direction. This the g day of /V4f�! 2012. f arocio Okiveira" -J State of Texas License No. 1415 LEGEND: M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS I.R. IRON ROD LP. IRON PIN FD FOUND — PL -- PROPERTY LINE —ROW— RIGHT OF WAY -- —^ SECTION LINE ++++FH l+H RAIL ROAD TRACKS - -PIPE— UNOERGROUND PIPELINE BOUNDARY OF LAND TO BE ACOUIREU PL pi, M S 88'39'16" (� iW 415.00' 1 0 L a a 2 m N 67'35'46" 1� 136.57' I Ed 3E z _ LANE Uj < �SECTION a LY S 86'39'16" w 191.99' POINT OF BEOMNIHG N 00'4T34� LV 451.20 PL RL ENT€RPRiSE PETRD PIPELINE 3 m EXHIBIT O " 0.68 AC. FD 1" I.P. 29 742.36 SQ. FT. SW CORNER OF TRACT 5 91-36 AC. TRACT OUT OF TRACT 2 NOTES: REFERENCES: 91.36 ACRES, TRACT 2 VOLUME 1, PAGES 48 & 49 • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 • SOURCE OF BEARING —TEXAS STATE PLANE VOLUME 501, PAGE 228, D.R.N,C,T. TEXAS SO= ZONE- 4205 -HAD 83 • AREA - 29,742.30 S0. FT -, 0.68 AC. 0 200 300 400 • THIS SURVEY IS SUBJECT TO ALL ENCUMWMCES REFERENCED IN THE DATE: MAY 2012 SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BTI THE CRY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). My engineers I architects I contractors LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract I of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a point for the southwest corner of said Tract 1, the southeast corner of a 91.36 acre tract of land known as Tract 2 of said V.M. Donigan 456,80 acre partition and the north right -of -way line of the Texas Mexican Railroad fi which a 1" iron pipe found for the soutlnvest corner of Tract 5 of said partition bears South 88 "- 35' -04" West, 2920.80; Thence North 00 47' -23" West, with the common boundary line of said Tract I and said Tract 2, a distance of 395,44 feet to a point for the southwest corner of the tract herein described and for the POINT OF BEGINNING; Thence North 00°- 47' -23" West, with the common boundary line of said Tract I and said Tract 2, a distance of 40.00 feet to a point for the northwest corner of the tract herein described; Thence North 88 39' -16" East, a distance of 209.81 feet to a point, the Point of Curve of a non - tangent reverse curve to the right, on the west right-of-way line of Hopkins Road (r,o.w, varies), for the northeast comer of the tract herein described; Thence in a general southerly direction, with the arc of circular curve, whose Central Angle is 07 46' -35 ", whose Radius is 312.94 feet, an Arc Distance of 42.47 feet to the Point of Tangency of said curve for a point in said ,vest right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 88 39' -16" West, a distance of 196.01 feet to a point in the con boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described easement and for the POINT OF BEGINNING. Containing more or less 0.19 (8,096.08 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional band Surveyor, of LNV inc., Engineers & Consultants, do hereby certify, that the foregoing Field Note Description was prepared front information of record and from a survey made on the ground under my direction. This the - - day of 2012. L � Horacio'Oliveira State of Texas License No. 1415 �A 0RA010 OLIVEIRA q 1415. ti, 4 Exhibit "C' PL PL PL PL PL PL F4 PL I PL ¢ Z ° K Z I p rc SCALE: 1" =200' i O § p q Q TRACT I UNRECORDED ROAD I 9 AC . DESIGN DRYlINGS B PROVIDED r c0r . VOLUME 1. PAGES 48 & 49 MISCELLANCOUS MAP RECORDS I NUECES COUNTY. TEXAS A =07'46'35 I Q }= _ CLERKS FILE NO. 320003 & L VOLUME 501. PAGE 229 _ \ R= 312.94' 3 D.R.N.C. \ =42,47' C W En Ro, L= 42.47' �,_j Roll I C 0.19 ACRES Aar HOPKINS �Q � a N 8&39'16" E , Ro.V 1 t— 2ag.s —S 6 &•39 16" w 1n l96 Q5' FL PL PL PL b� QF' A Fp Cdr y p T TRACT 2 HRAIO OIVHRl1 91.36 AC. •0 VOLUME 1, PAVES 48 & 49 1415 r V• MISCELLANEOUS IMP RECORDS 9 ��SURV� '0 Y EWS FILE No 2 GE D.R.N.0 T. State of Texas County of Nueces I,- Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. This the —day of,& ; 2012. �• a Hi5racio Oiiveiro State of Texas License No. 1416 N 00 47'23" W 40.00' PL PL PL LEGEND: M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS Lit, IRON ROD I.P. IRON PIN FD FOUND —P L— PROPERTY LINE ROVI— RIGHT OF SPAY — — — SECTION LINE — PIPE — RAIL ROAD TRACKS BOUNDARY OF LAND TO BE ACQUIRED ` POINT OF BEGINNING N 00 W 395 .44' r PL pL f o ' � N FD 1" I.P. S4r CORNER OF TRACT 5 91.3E AC, TRACT NOTE T IS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION + SOURCE OF BEARING–TEXAS STATE PLANE TEXAS SOUTH ZONE - 4205 --NAD 83 AREA – 8.096.08 SQ. FT., 0,19 AC. • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI (GUARANTY TITLE SERVICES). M V L M A O i 4W � W .EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT T VOLUME 1. PAGES 48 & 49 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 20D 300 4{70 DATE: MAY 2012 engineers I architects I contractors �c"'r 201 2 0 2 7 4 9 6 # Puaes 9 07/19/2012 12:18PM Official Records of WUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Anu provision herein which restricts the Sole? Rental or use of the described REAL PROPERTY because of Race, Color, Re1ie|on, Sex, Handicap, Familial Status? or National Oriyio is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OFTEXAS COUNTY OF NUECES I hereby certify that this instrument wus FILED in file number senuence on the date and at the time stomned herein by me, and was duly RECORDED in the Official Public Records mf_ Nueces County, Texas Diana T. Borrero � c~1' ' City of Corpus Christi Dept of Engineering Services Property and Land Acquisition P.0. Box Q277 Corpus Christi, TX 78469-9277