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HomeMy WebLinkAboutC2012-230 - 6/26/2012 - Approved/2 DEPARTMENT OF ENGINEERING SERVICES f Property and Land Acquisition Division l 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. Dom» _ 2012027516 Special Warranty Deed THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That 1, Nancy Ogburn Dempsey, 229 Shoal Creek Way, Dallas, Paulding County, State of Georgia, 30132-9787, 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, c-t-2 will ha i" "Aled at this location to provide access for the farmer to cross the paved 2012 -230 combinations will be provided to the Grantors and tenant farmer for 6126112 M2012 -116 J:IGENIDEEDSICCIA.Nancy Dempsey.Revised.doc Nancy Ogburn Dempsey Page 1 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. �v Nancy OgUam Bempsey ACKNOWLEDGEMENT COUNTY OF PAULDING § BE IT REMEMBERED, that on this ( day of Q_ 2012, before me the undersigned, a Notary Public in and for the County and State aforesaid, came Nancy Ogburn Dempsey, 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. V I J V MICITELLE VANSCIVER Not Public NOTARYPUBLIC FLOYD COUNTY, GEORGIA 1 My Commission ExpiresZO.3Q -t2 My commission expires 4 ® �- ��' l JAGENIDEEDSICCIA.Nancy Dempsey.Revised. doe 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 k,4A, `2" 52012. 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 Nfanager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § This' n ow Ved before me on , 2012 by as itty Manager for the City of Corp s Christi, Texas municipal corporation, on behalf of said corporation, n .W]Lb I UI"V "61 sYMGIL .._..»C r SECK49iW JAGENMEEDSICCIA.Nancy Dempsey.Revised.doc Page 3 of 4 aY'P�,,,, m- - I i MAN1Ql1� I MEZ LERMA Notary Public ; f GORSE +Pgr STATE CE TEXAS My Comm, Exp. 01- 20.2013 .W]Lb I UI"V "61 sYMGIL .._..»C r SECK49iW JAGENMEEDSICCIA.Nancy Dempsey.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 JAGENIDEEDSICCIA.Nancy Dempsey.Revised.doc Page 4 o£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 [and 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 acrd 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 tine of the Texas Mexican Railroad from which a t" iron pipe found far the southwest corner of Tract 5 of said partition bears South 88 °- 34 %5l" West, 2188.29 feet; Thence North 00 47' -34" West, %vith 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" Nest, 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 ofthe tract herein described; Thence North 88°-39' -16" 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 of 136.57 feet to a point for an interior corner of the tract herein described; Thence North 88 °- 39' -] 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 1 of said partition for the northeast corner of the tract herein described; Thence South 00 -23" East, 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" West, a distance of 415.00 feet to a point for an exterior corner of the tract herein described; Thence North 6? "- 35'46" West, 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 a point in 111c west titre of said Tract 2 and tire, east fine of said Tract 3 for tine southwest corner of the herein described easement and for (lie POINT OF BEGINNING, Containing more or less 0.65 (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 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc„ Engineers 8r, 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, Tlris the � day of 2012. Horacio Oi�ive�a State of Texas License No. 1415 0 ��lV>�1RA Exhibit "A" *� PL PL SCALE: 1 " =200' W p va a �w� � wa a Z w I> Oy=— PL TRACT 2 91.36 AC, VOLUME 1, PAGES 48 Rt 49 M13CELLAFIEOU5 MAP RECORDS NUECES COUNTY, TDM CLERKS FILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. PL PL PL PL PL PL TRACT 1 S 00'47'23" E 91.36 AC, 40.00' VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS N 88'39'16" E NUECES COUNTY, TEXAS 406.98' CLERKS PILE N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T. 0.68 ACRES S 67'35'46" E 136.57' N 88'39'16" E 200.01' PL FL TRACT 3 91.36 AC. .VOLUKIE T' PAGES 48 k 49 IISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 VOLUME 501 PAGE 228 i-f�1FtA�10 ClE.iVEIRA a 141 ,�• `9 �A BltPl`��� State of Texas O.R.N. C.T. County of Nusces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LW Inc,, do hereby certify that the foregoing map was prepared from information of record and from a survey mode on the ground under my direction. This the 9 day of -Z 2012. aracio Oliveira~ _ J� State of Texas License No. 1415 N 00'47'34 W 40.00' -- PL PL 8" AIR LIQUIDE GASLIHE LEGEND: M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS I.R. IRON ROD I.P. IRON PIN PO FOUND — PL ----- PROPERTY LINE - -- ROVl ----- RIGHT OF WAY '-� SECTION LINE FWL ROAD TRACKS —PIPE— UNDERGROUND PIPELINE DOuNDARY OF.LAND.To BE ACOUIRED PL PI, I I M IIIIIIIIIIIM S 8839'16" Iw & 415.00' o I � a } ~ N 67'35'46" I w 136.57' I Z_` LINE W Q X �SECTION I F- " LY 88'39'16 w �5 1s1.ss` I POINT OF I BECINHIND N 00'473q' Y! 4.5 1.20 PL RL ENTERPRISE PETRO PIPELINE ` I i } n ao EXHIBIT. OF 0. fib AC. FD ,- I.P. 29 742.36 SQ. FT. SW CORNER OF TRACT 5 81.36 AG, TRACT 1 OUT OF TRACT 2 Jy0TE5: REFERENCES: 91.36 ACRES, TRACT 2 VOLUME f, PAGES 48 & 49 • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS CLERKS FILE NO. 320003 • SOURCE OF SEARING - TEXAS STATE PLANE VOLUME 501, PAGE 228, D.R.N.C.T. TEXAS SOUTH ZONE - -4205 -NAD 83 • AREA - 29,742.56 SO. PT., 0.68 AC. a 200 300 400 • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE DATE: MAY 2032 SCHEDULE B OF THE TITLE COMMITMENT B THE CITY OF CORPUS CHRISTI (GUA0 (GUARA TITLE NtY RLE SERVICES). � - `NV engineers I architects I contractots LNV, Inc, 807 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 1 of the V.M. Donigan 456.80 acre partition as recorded in Volume I, Pages 48 -49, Miscellaneous Map Records of Nueces County, Texas being described its 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 91.35 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•orn which a 1" iron pipo 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 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 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" Enst, 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 satitherly direction, with the are of circular curve, whose Central Angle is 07 46' -35 ", whose Radius is 31294 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 common boundary line of said Tract 1 and said Tract 2 for the southwest corner of the herein described casement and for the POINT Or 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, Horacto Oliveira, a Registered Professional Land 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 ¢ e�_ 2012. f ' C _ t) F 11 1 t .6Tr Horacio Oliveira�� ` State of Texas License No. 1415 �Aaia oL'ivE i�ii �•� 1415 F V. °,S ssiy��p� UA , Exhibit "C" PL PL Z WALE. 1 " =200' PL PL PL TRACT 1 91.36 AC. VOLUME 1, PACES 48 & 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE No. 320003 VOLUME 501, PAGE 228 DAA.C.M PL - -- -1!5. PL PL PL . 0 % q. 9 �o gN �'. TRACT 2 F1oRi w OLf11EI,RA 91.3E AC. VOLUME 1. PAGES 48 & 49 1415 fv • LRSCELUANEOUS NEAP RECORDS 0fE881a� NUECES COUNTY, TEXAS "Ip 8LJ F1`1 - CVOLUl.Er501 NO AGE D.R.N.C.T. State of Texas County of Nueces I, Horocio Oliveira, a registered Professionol Land Surveyor, of LW ine., do hereby certify that the foregoing MOP was prepared from information of record and from a survey made on the ground under my direction. This lhe of f Horatio Oliveiro Stote of Texas License No. 1415 T LW LECEr1G: M.R.N.C.T. MAP RECD I.R. 1RO$ ROD I.P. IRON PIN FD FOUND . —PL— PROPERTY — ROVI ---- RIGHT OF 1 — — — SECTION U — PIPE — RAIL ROWS PL 3 PL PL I PL ---¢ Z I a o Y Ro a , x a UNRECORDED ROAD DESIGN DRAWINGS PROVIOLD Or CITY t\ pO � A- 0745'35" \ R- 312.94' \ \ =.27' 110 L �4242.47' 0.19 ACRES q Rol HOP RU I I N 88'39'18" E S 88'39'16 " { W 209.81' 196.01' j OF N 00'47'23" IN BEGINNING �• N 00'47'23" l'/ PL PL 395 .4,V -� � om ru I' I.P. SVI COR OF TRACTS 91.36 AC. TRACT RDS, NUECES COUNTY, TEXAS DOTES: • THIS SUP TO ACCOMPANY FIELD NOTE DESCRIPRON • SOURCE OF BEARING -TEXAS STATE PLANE TEXAS SOUTH ZONE - 4205 -NAD 83 LINE AREA - 8.096.00 SO. FE. 0.19 Ac. YAY THIS SURVEY 1S SUMCT TO ALL ENCUMBRANCES REFERENCED IN THE NE - SCHEDULE 9 OF THE TITLE COMMITMENT PROVIDED BY THE CRY OF CORPUS CHRIST TRACKS (GUARANTY THE SEfMCES). BOUNDARY OF LAND TO BE ACQUIRED 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 MAT' RECORDS, NUECES COUNTY, TEXAS CLERICS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 GATE: MAY 2012 LIVV engineers I architects I contractors M L a 0 a t= 3� W AA 2 Z///rrr v N 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 MAT' RECORDS, NUECES COUNTY, TEXAS CLERICS FILE NO. 320003 VOLUME 501, PAGE 228, D.R.N.C.T. 0 200 300 400 GATE: MAY 2012 LIVV engineers I architects I contractors Doc 29- 12132751.6 � Pnmem 9 07/19/2812 12:18PM Official Records of NUECEG COUNTY DIANA T. BARK[HA COUNTY CLERK Fees $47.00 �. City of Corpus Christi Dept Of Engineering Servi Property and Land Acquisition F 9277 Corpus Christi, TX 78469-9277 Any nrovisioo herein which restricts the Sale, Rental or ose of the described REAL PROPERTY because of Race Color, Religion, Sex, Handicap, Familial Status, or National Orioin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STAT[ OF TEXAS COUNTY OF NUECEG I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Noeces County, Texas Dionu T. Borrero , 0"� A.) j �