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HomeMy WebLinkAboutC2012-228 - 6/26/2012 - Approvedt® DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division CCIA Runway Extension/Displacement, 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. DD-=-' 2012027512 Special Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That 1, Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, 705 11 Avenue NE, Jacksonville, Calhoun County, State of Alabama, 36265, hereinafter called GRANTOR, is the owner of an undivided 3.68 acres, more or less, out of the 143.56 acre tract out of Tracts I 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 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 nn-l— in frrnec _vehicle weight rating. If in the future the City fences the access road, 2012- 2281led at this location to provide access for the farmer to cross the paved 6126112 M2012 -116 7;IGEN\DEEDSICCIA.Starla Burnham.Revised.doc Starla Leigh Burnham P l of INDEXED road. (3) Keys or combinations will be provided to the Grantors and tenant farmer for 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 :Sw,� / S .2012. Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased ACKNOWLEDGEMENT STATE OF ALABAMA § COUNTY OF CALHOUN BE IT REMEMBERED, that on this K fI day of TlLtJ G , 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Starla Leigh Burnham, Individually and as Personal Representative of the Estate of Jeanette S. Burnham, deceased, 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. 1N [I'ANESS HEREOF, I ab W Notary Public My commission expires lqe hereunto set my hand and affixed my seal the day and year last MY COMMISSION EXPIRES AUGUST 4, 2013 7:IGENIDEEDSICC1A.Star1a Bumham.Ravised."duz a r e ;•r "; ", Page 2 of 4 ACCEPTED for the City of Corpus Christi, a unicipal corporation and body politic under the laws of the State of Texas on �' , 2012. C1 KW IT ax 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 0ACX- Ronald L. Olson, City alter ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by Ronald L. Olson as City Manager for the City of Corpus on behalf of said corporation. A ,2012 a Te municipal corporation, Nofary Publip in and for the State otl xas MONIQUE TAMEZ LERMA = Notary Public STAVE OF TEXAS _ My Comm. Exp, 41- 20.2013 I- jj �u I hum Lk- MMY��F- S FCWTUV JAGEMDEEMCCIA.Starla Burnham.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS —(W DAY OF , 2012. FOR THE CITY ATTORNEY By: n�m Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT JAGENIDEEDSICCIA.Starla Burnham,Revised.doc 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 Nucces County, Texas being described in a Partition and Settlement Deed and Agreement recorded in Clerk's File No. 320003, Voiuine 501, Page 228, Deed Records of Nueees 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 Mexicatr Railroad from which a t" iron pipe found for the southwest corner of Tract 5 of said partition bears South 88°- 34' -51" West, 2188,29 feet; Thence North 00 °- 47' -34" Nest, with the comrnon boundary tine 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; r Thence North 00°-47' -34" Nest, with the common boundary line of said Tract 2 and said Tract 3, a distance of 40.00 fleet to a point for the northwest corner of the tract herein described; Thence North 88 39'46" East, 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 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88°- 39'46" East, a distance of 406.98 feet to a point in the east line of said Tract 2 and the west line of Tract t of said partition for the northeast corner of the tract herein described; Thence South 00 0 47' -23" East, with the common boundary litmc 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 Nest, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 67 °- 3546" Nest, a distance of 136,57 feet to a point for an interior corner of the tract herein described; Thence South 88 39' -16" West, a distance of 191.99 feet to n point in the west line 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 on Texas State Plane ,Zone 4205 NAD 83. State of Texas County of Nucces I, Iloraclo Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby ccrtify that the foregoing Field Note Description was prepared From information of record and from a survey trade on the ground under my direction. This the ?a day of 2012. Horatio Ol Q Fd yogi State of Texas License No, 1415 � �L A .y • X5810 � _ Exhibit "'N *� PL PL PL PL PL PL PL PL' PL pE SCALE: 1 " =200' TRACT 1 S 00 E 91.36 AG. 40.00' I VOLUME 1, PAGES 48 & 49 I - LIISCELLANFOUS MAp RECORDS N 88 E I o NUECES COUNTY, TEXAS S 88'39'16 "! CLERKS FILE I.O. 320003 406.98' 41500' r VOLUME 501, PACE 228 O,R.N.G.T. I a TRACT 2 91.36 AC, 0.68 ACRES x VOLUME 1, PAGES 48 & 49 ' MISCELLANEOUS MAP RECORDS NUECES CoUMY, TUAS CLERKS FILE NO. 320003 S 67'35'46" E I VOLUME 501 PACE 228 136.57, IN 67'35'46" Y� ` O.R.N 136.57' rSECTIO4 LINE 41 1 � Q �Ww a C7 m a N 88'39'16" E M Z 200.01' S 88'39'16" W 191.99 I POINT OF z W OF N 00 '47'34" W BEGINNING 3 `� A � 40.00' N 00 V 45120 ° pi; Q.� Fd • N PL PL PL LNSERPRI E PETRO . PIPEUNE 444 TRACT ACT 3 8" AIR LkQUIDE { 1iUFlAG�I 11EIFtA GASLINE I 13 91.36 AC. 0 1415 VOLUME 1, PAGES 48 A 49 MISCELLANEOUS i.WP RECORDS • f •�f�E6 1 � / .t t � n NUECES COUNTY, TEXAS CLERKS FILE N0. 320043 m VOLUME 507, PAGE 228 FO I I.P. State of Texas DA,N,C.T. S1Y CORNER aF TRACT 5 County of Nueces LECi.ENM 91.3s Ac. TRACT I, Horacio Oliveira, a Registered Professional Land M.R.N.C.T, MAP RECORDS. NUECES COUNTY, TEXAS Surveyor, of LAIN Inc„ do hereby certify that the I.R IRON Rao foregoing map was Prepared from information of record f[QTgz�: and from a survey made on the ground under my I.P. IRON PIN direction. TNIS MAP To ACCOMPANY FIELD NOTE FD FOUND DESCRIPTION —PL -- PROPERTY LINE • SOURCE OF 8EARING'•TEX S STATE PLANE P A�J TEXTS SOUTH ZONE- 42as� -NAD 83 This the / doy of 2012. — ROW — RIGHT of WAY , AREA Q 29,742 -36 SO, Fr., 0.68 AC. — — — SECTION LINE - THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE RAIL ROAD TRACKS SCHEDULE B OF THE TITLE COMMITMENT S CH vry —PIPE— UNDERGROUND PIPELINE (GUARA PROVID BY THE SERVICES). OF CORPUS CHRFSTI _ (GUARANtY TITLE SERVICES). aracio 011Veira� � BOUNDARY OF LAND TO BE ACQUIRED State of Texas License No. 1415 EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 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 2DO 300 400 DATE: MAY 2012 MW engineers I architects I contractors M V Lw a � m W w " a W EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF TRACT 2 REFERENCES: 91.36 ACRES, TRACT 2 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 2DO 300 400 DATE: MAY 2012 MW engineers I architects I contractors LNV, Inc. 807 Navigation Blvd., Suite 200 Corpus Christ), 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 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume 1, Pages 48 -49, ]Miscellaneous Map Records of Nucces 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 from which a 1" 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 columon boundary line of said Tract 1 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 West, with the common boundary line of said Tract l 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 tight-of-way line of Hopkins Road (r.o..v. 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 Are Distance of 42.47 feet to the Point of Tangency of said curve for a paint in said west right -of -way line of Hopkins Road for the southeast corner of the tract herein described; Thence South 8$°- 39' -16" West, a distance of 196.01 feet to a point in the conmion 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 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 A day of � V 2012. Horacia 011veira State of Texas License No. 14I5 �.. 1415 A Exhibit "C' Nr 3 z � E7 � zi: Z IQ Cd M V L CL r K W W EXHIBIT OF 0. 19 AC. 8,096.08 SQ. FT, OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 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 2DD 300 400 DATE: MAY 2012 engineers I architects I contractors PL PL PL PL - PL Z PL PL PL K PL PL I a SCALE: 1" =200' Z a ]C n q Q TRACT �1 [ UNRECORDED ROAD 91. 36 AC. DESIGN DRAWINGS �J PROVIDED BY CITY • VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS 9 C FILE N0. v OtUM aLUUE soT. PAGE E 222 226 R-312 94' 3 1 \ .94 T =21.27' L=42.47' a 0.19 ACRES �� ROW 14OPKINS RD f N 88739'16" E Ra " S. 88'39'16" W 3 2os.t31' iss,al' � a N 0047'23" W B PEGNNTNG FL pL PL PL 4a.00 N CO'47 - 23' w _ 145 .44' �cP'fl;� 9 PL PL P � TRACT 2 Ht�RA 10 {1LfVEIF;A 91.36 AC. ' • • VOLUME 1, PAGES 48 & 44 4 1415 v MISCELLANEOUS `• MAP RECORDS L,• Q` ( o 0 w '� . QR NUECES COUNTY, TEXAS 'YO .S$l a � CLERKS FILE NO. 720003 _ n N �U IRV V VOMME 501, PAGE 228 N D.R.N.0 T. State of Texas FD I' I County of Nueees LEGEND: SW CORNER OF TRACT 5 41.36 AC. TRACT I, HOrocio Oliveira, a Registered Professional Land M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS NOTES Surveyor, of LW Ina., do hereby certify that the foregoing map was prepared from information of record f.ft. IRON ROD . THIS MAP TO ACCOMPANY FIELD NOTE and from a survey ade on the y y ground u nder m LP. IRON DESCRIPTION direction. PIN SOURCE OF BEARING -TEXAS STATE PLANE FO FOUND TEXAS SOUTH TONE- 4205 -NAD 83 ---- -PL- -- PROPERTY LINE AREA - 8,096.08 $0. Ft., 0.19 AC. This the_?�tday Of ♦,s 2012. — R01'I -- RIGHT OF WAY THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES — — — SECTION LINE REFERENCED IN THE SCHEDULE 8 OF THE TITLE COMMITMENT PROVIDED BY THE CITY OF CORPUS CHRISTI — PIPE — RAIL ROAD TRACKS (WA WW TITLE SERVICES). BOUNDARY OF LAND TO BE ACQUIRED Horacio Oliveira State of Texas License No. 1415 Nr 3 z � E7 � zi: Z IQ Cd M V L CL r K W W EXHIBIT OF 0. 19 AC. 8,096.08 SQ. FT, OUT OF TRACT 1 REFERENCES: 91.36 ACRES, TRACT 1 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 2DD 300 400 DATE: MAY 2012 engineers I architects I contractors Dmct 2012027-512 � Poyes 9 07/19/2012 12: 18M Officinl Re ds of NUECEG COUNTY DIANA T. BAK�[RA COUNTY CLERK Fees $47.00 City of Corpus Christi Dept. qfEngineer Services P roper t y and Land Acquisition P. []' Box 9277 Corpus Christi, 7X 78469-9277 Any nrovisimn herein which restricts the Gula, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Stotus, or National Oriyin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Nueoes County, Texas Diana T. 8orrero 6 4'Mkt*�-; STATE OFTEXAS COUNTY OF NUECES I hereby certifw that this instrument was FILED in file number senuence on the dote and Lit the time mtom*ed herein by me, and was duly RECORDED in the Official Public Records of