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Home My WebLink AboutC2012-223 - 6/26/2012 - Approved4 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, Parcels 3A, 313 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. D c3 #--' 2012027502 Special Warranty Deed THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That I, James Fred Ogburn, 927 Timber, Oxford, � 'alh a un _ County, State of Alabama, 36203 -2144, 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 45 6.8 0 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 Iocation of the acquisitions are attached hereto for all purposes as Exhibits 'B" and « 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, Qatpa will he installed at this location to provide access for the farmer to cross the paved 2012 -223 combinations will be provided to the Grantors and tenant farmer for 6126112 M2012 -116 J:IGENI DEEDS ICCIA.JamesOghum.Revised.doc James Fred Ogburn Page 1 of 4 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 1S, WHERE IS" condition and basis with all faults. IN WITNE S WHEREOF, the Grantor has hereunto set their hands and seals this day of 3 , 2012. J s Fred Ogburn ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY O § S� BE IT REMEMBERED, that on this 3 / — day of , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came James Fred Ogburn, 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 3�Iot, ublrc Mt�orrissrori expires My Commission Expires August 29, 2015 J:\GEN\DEEDS\CCIA.JamesOgburn.Revised.doc Page 2 of 4 ACCEPTED for the City of Corpus C isti, a municipal corporation and body politic under the laws of the State of Texas on 2, , 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 ager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § ........ $ECitE7w This W acknow d before me on 2 2012 by I lager for the City of Corpu hristi, Texas municipal corporation, on behalf of said corporation. r t n otary Public in and for the 6)ate of Texas ;� °.`• MONIQUE TAMEZ LERMA s j Notary public �.oFtE,.• STATE' OF TEXAS My STATE Exp, 01- 20.2013 J:I GENIDEEDSICCIA .JamesOgbum.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF , 2012. FOR THE CITY ATTORNEY B y; Q/41.(� r Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT J:\GEMDEEDS\CCIA.JamosOgburn.Revised.dop Page 4 of 4 LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 Field Note Description fora 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, Miscelimeous 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 2, the southeast corner 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' -5l" 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 ° -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 the northwest corner of the tract herein described; "Thence North 88°- 39'46" Last, a distance of 200.01 feet to a point for an exterior corner of the tract herein described; Thence South 67 °- 35'46" East, a distance of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -1i 6" East, a distance of 406.98 feet to a point in the east line of said 'Tract 2 and the west line of Tract I of said partition for the northeast corner of the tract herein described; Thence South 00 47' -23" Last, with the common boundary line of said Tract I 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 corner of the tract herein described; Thence North 67 35'46" West, a distance of 136.57 feet to a point for an interior comer of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to a point in the %vest line of said Tract 2 and the cast 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 on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces I, Horatio 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 v-h— day of 2012. Horatio Oi�ive�a �� Q�al� are R �O'�11t State of Texas License No. 1415 H RRGto OLNEIRA 1 41 ss o Exhibit "A" *� PL PL SCALE: 1 "-200' Z -V rc o0 < mar a ZW Z O ago V I � w o > . TRACT 2 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE N0. 320003 VOLUME 501, PACE 228 D.R.N.C.T. PL PL PL PL PL PL TRACT 1 S 00 E- 91.36 AC. 40.00' VOLUME 1, PAGES 40 & 49 MISCELLANEOUS MAP RECORDS N 88'39'16" E 1 NUECES COUNTY, TEXAS 406.98' CLERKS FILE N0. 320003 VOLUME 594, PAGE 228 D.R.N.C.T. 0.68 ACRES S 67'35'46" 136.57' N 88'39'18" E 200.01' X PL TRACT 3 91.36 AC, VOLUME 1, PAGES 48 & 49 1415CELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501 PAGE 228 FI(fFlA�l4 OLIIIElFiA A 1415 *� State of Texas County of Nueces I, 44orocio Oliveira, a Registered Professional Land Surveyor, of LNV Im, do hereby certify that the foregoing mop was prepored from information of record and from a survey mode on the ground under my direction. This the 9 day of __9 7 f! 2012. tt Aor ocio Oliveira �— State of Texas License No. 1415 N 00 W--,,.� 40.00' PL PL B' AIR LIQUID[ GASLINE LEGEND-: M.R.N.C.Y. MAP RECORDS, NUECES COUNTY, TEXAS I.R. IRON ROD L.P, IRON PIN FD rOUND —PL -- PROPERTY LINE —ROVI— RIGHT OF WAY SECTION LINE H t -H - I - 414 ROIL ROAD WCKS —PLPE— UNDERGROUND PIPELINE BOUNDARY OF LAND TO BE ACQUIRED PL PI, F M I w S 88 V 4115.00' I o � J a N 67'35'4f W W 136.57' LINE ELI v x � SECNON I ¢ W �S 8839'16" tN I 191.89' POINT OF BEGINNING N OD'47 34" 5'1 45 1.20 PL RL ENTERPRISE PETRO PIPELINE I 3 aw EXHIBIT OF m 0.68 AC. FD I' I.P. 29 742.36 SQ. FT. SVI CORNER OF TRACT 5 >' 91.36 Al TRACT OUT O 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 CLERICS FILE NO. 320003 • SOURCE OF OWING -TEXAS STATE PLANE VOLUME 501, PAGE 228, D.R.N.C,T. TEXAS SOUTH ZONE- 4205 -RAD 83 • AREA m 29.742.36 SQ. FT., 0.68 AC. a 200 300 400 • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE DATE: MAY 2012 _ SCHEDULE B OF THE Ti LIHT DY THE CITY Y OF CORPUS ORPVS CHRISTI (GUARANTY TITLE SERVICES ), MW ergtneers I architects I contractors LNV Inc. 801 Navigation Blvd., Suite 200 Corpus Christi. Texas 78408 Field Note Descr iption for a 0.19 acre tract of land, more or less, out of a called 91.36 acre tract of land known as Tract 1 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 I; 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 i" iron pipe found for the southwest 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 southtivest 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 1 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 corner of the tract herein described; Thence in a general southerly direction, with the are 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 west 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 conunon 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 1, Horatio Oliveira, a Registered Professional band 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 day of t 2012. Horaclo Oliveira State of Texas License No. 1415 f' . .. 0 OLIiIE1 .A 1415 v. fro suAv�� Exhibit "Crr PL PL PL PL PL PL PL TL' IJ a SCALE: 1"=200' IL E a � o K W � M T RACT 1 UNRECORDED ROAD I 36 AC, DESIGN DRAWINGS h - PROVIDED 81' CRY - L VOLUME 1. PAGES 48 & 4a MISCELLANEOUS MAP RECORDS CL NUECES COUNTY, TEXAS y Q _ C FILE N0. 320003 D= 0746'35" ¢ F VOLUME 5D7, PAGE 228 R- 312.9 3 & 3 D.R.N.c.T. \ T= 21.27' I = v� \ L= 42.47' Ro 0.19 ACRES � R ? _ y HOPKINS R D N 88'39' 16" E S 88'3915" W W 209.81' 196,01' OF N 00'47'23" Yd BEGINNING PL L PL PL _ 40.00' N 00'4723" V1 FL 345 .44 "w PL PL PL in TRACT 2 A 91. S 6 AC . VOLUME 1, PAGES a 48 & 49 MISCELLANEOUS MAP RECORDS CLE RKS ILE NO GE 0DO � c EXHIBIT OF D.R.N.C.T. w 0.1 �l AC. S tate of Te xa9 SLY CORNER OF TRACT 8,096.08 SQ. FT• County of Nueces LEGEND., 5 41.35 AC. TRACT OUT OF 1, Horacio Oliveiro, o Registered Professional Land Surveyor, of LW Ine:, do hereby certify that the M.R.N.C.T. MAP RECORDS, NUECES COUIM, TEXAS NOTES: TRACT 1 foregoing mop was prepared from information of record I.R. IRON ROD • THM MAP TO ACCOMPANY FIELD NOTE and from a survey mode on the ground under my I.P. IRON PIN DESCRIPTION REFERENCES: 91.36 ACRES, TRACT 1 direction, FU FOUND SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOVIH ZONE - 4205 -HAD 83 MISCELLANEOUS VOLUME 1 , PAGES 48 & 49 MAP RECORDS, NUECES COUNTY, TEXAS This the l-ltday of —PL— PROPERTY LINE — ROII --- RIGHT OF WAY ' AREA - 8. so. Fr., 0.19 Ac. TM SURVEY IS SUBJECT TO ALL CLERKS FILE NO. 320003 VOLUME 501, PACE 228, D.R.N.C.T. ENCUMBRANCES REFERENCED IN THE 0 200 300 406 . — — SECTION LINE SCHEDULE B OF THE TOLE COMMITMENT PROVIDED BY 11HE CITY OF CORPUS CHRIST[ yr f — PIPE --- RAIL ROAD TRACKS (GUARANTY TNLE SERMES). DATE: MAY 2012 - -" - "' -- 8OUNDARY OF LAND TO 8E ACQUIRED L%IV Horacio Oliveira State of Texas License No. 1415 engineers architects contractors Doct 21 � Puxes 9 07/19/2012 12:18PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 i� City of Corpus Christi Dept. of Engineering Services Proper and Land Acquisition P.0. Box Q277 Corpus Christi, TX 78469-9277 Any nrovis{on herein which restricts the Su1m? Rental or use of the described REAL PROPERTY because of Race, Color, Relisimn, Sex, Handicap, Familial Gtut'/s, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I horebx certify that this instrument was FILED in file number sequence on the dote and at the time stomned herein hy me, and was duly RECORDED in the Official Public Records of Nueces Counha, Texas Diana T. Borrero �