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Home My WebLink AboutC2012-232 - 6/26/2012 - ApprovedDEPARTMENT 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. THE STATE OF TEXAS § COUNTY OF NUECES § DtDc:* 2012027520 Special Warranty Deed KNOW ALL BY THESE PRESENTS: That I, David Eugene Burnham, 1359 Albany Avenue, Saint Paul, Ramsey County, State of Minnesota, 55108 -2502, 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 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 " 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, aatQa will he in0a lled at this location to provide access for the farmer to cross the paved 2012 -232 ombinations will be provided to the Grantors and tenant farmer for 6126112 M2012 -116 J:IGENIDEEDSICCIA.David Burnham.Revised.doe David Eugene Burnham Page 1 of IN� %19 D 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 flu Cher 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 5430 , 20J2. A David lr"ugene Burnham ACKNOWLEDGEMENT STATE OF MINNESOTA § COUNTY OF RAMSEY § BE IT REMEMBERED, that on this day of 2012, , 2012, before me the undersigned, a Notary Public in and for the County te a foresaid, came David Eugene Burnham, 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 LORENA AGUIiAR N ary Pu is NOTARY PUBUC • MINNESOTA ' . ldY COMNiISSIDN EXPIRES fli13911s My commission expires JAGENIDEEDSICCIA..David Burnham.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. 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 U.. 6 Ronald L. Olson, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § T2WAg edged before me on , 2Q12 n as City anager for the City of Corpus isti, a xas municipal corporation, on behalf of said corporation. a in and for the State Mexas ST SECRlTow JAGENMEAS MA.David Burnham.Revised.doc Page 3 of 4 TAMEZ LERMA Natary Public E MONIQUE STATE OF TEXAS My CoExp, O1 20 -243 in and for the State Mexas ST SECRlTow JAGENMEAS MA.David Burnham.Revised.doc Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS DAY OF l-C� , 2012, FOR THE CITY ATTORNEY B y: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT JACEMDEEMCCIA.David Bumham.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 Nueees 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 ofNueces 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 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 front which a l" 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" West, Nvith the common boundary line of said Tract 2 and said Traci 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 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 1 - 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' -16" 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 OV- 47' -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 39'46" West, 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 corner of the tract herein described; Thence South 88 39' -16" Nest, a distance of 191,99 feet to a point in the west line of said Tract 2 and the east fine 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 1, 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 rite day of 2012. Horaclo Oliveira r� '' R c"Olfi State of Texas License No. 1415 RR l0 ' ' ' ' ' ' • t 0 �141 :",its off% Exhibit "A" *� PL PL SCALE: 1 --200' �o Z 0 N y O % 04 0.j O wg� J U Z— PL O y, TRACT 2 91.36 AC. VOLUME 1, PAGES 48 & 49 MISCELLANEOUS MAP RECORDS HUECES COUNTY, TDM CLERKS FILE NO, 320003 VOLUME; 501, PAGE 228 D.R.N.C.T. PL PL PL PL PL PL TRACT 1 S 00.47'2,,3" E 91.3.6 AC, 40.00' VOLUME 1, PAGES 49 & 49 %i1SCELLANFOUS "AP RECORDS N 88'39'16" E — NUECES COUNTY, TEXAS 406.98' CLERKS FILE NO. 320003 VOLUME 501, PAGE 228 O.R.N.C.T. 0.68 ACRES S 87'35'46" E 136,57' N 88'39'15" £ 200,01' PL PE TRACT 3 91.36 AC. VOLUME I, PAGES 48 & 49 tMISCETLANEOUS IMP RECORDS NUECES COUNTY, TEXAS CLERKS PLE NO. 320003 VOLUME 501 PAGE 226 HU�iA�10� Li11E1R,4 1. o� 1415 F ..: E1fiN�� State of Texas D.R.N.C,T. County of Nueces 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 made on the ground under my direction. This the day of 2V4,t- 2012. orocio Oliveira w State of Texas License No. 1415 N 00'47'34" W-1- 40.00' — PL PL 8' ASR LIOUIDE GASUNE M L .R t c0. MAP RECORDS, 14UECES COUNTY, TEXAS I.R, IRON ROD LP, IRON PIN FD FOUND —PL-- PROPERTY UNE —ROVI— RIGHT OF WAY — — SECTION LINE - �rmrIri - ii RAIL ROAD TRACKS —PIPE— UNDERGROUND PIPELINE BOUNDARY OF LAND TO RE ACQUIRED At pl, . I M S 88 Iw L 415.00' CL I � � rc 1 • I Ctrl N 87'35'46" W! I 0 W 136.57' I T z j i-- SECTION LINE LLI Q , ~ v LY Q s eI3'S9't s" w POINT OF i 91.99' EGIN NING N 00'47'34' 4Y 451.20 PL \ £NT£RPRISE PETRO PIPEINE I I . �N EXHIBIT OF zo 0.68 AC. FD 1• I.P. 29 742.36 SQ. FT. 51'! 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 MISCELLANEOUS MAP RECORDS, NUECES COUNTY, TEXAS DESCRIPTION CLERICS FILE NO. 320003 • SOURCE OF SEARING - TEXAS STATE PLANE TEXAS SOUTH ZONE- 4205 -NAD 83 VOLUME 501, PAGE 228, O.R.N,G.T. AREA - 29,742.36 SQ. FT., 0.68 AC. 0 200 300 406 • THIS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE DATE: MAY 2012 SCHEDULE B OF THE TITLE COMMITMENT PROVIDEO BY THE CdTY OF CORPUS CHRISTI �� (GUARANTY TITLE SERVICES). - engineers i architects I contractors L,NV, 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 koo-,vn 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 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 partitlon 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.iv, 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 0 46' -35 ", whose Radius is 312.94 fleet, an Are 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 -16" West, a distance of 196.01 feet to a point in the common boundary line of said Tract i 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 (8,496.08 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 & Consultants, do hereby certify, that the foregoing Field Note Description was prepared front information of record and froth a survey made on the ground under my direction. This the '? day of 11 2012. Horacio Oliveira State of Texas License No. 1415 MV W1 ` 0 oiiv�i� 1415 p v�'•� 4 s g fi Exhibit "C►► PL PL PL PL PL PL PL PL PL PL rc Z li: UI 6 f Q Y o SCALE: 1 ° =200' a :E I �_ = II TRACT 1 UNRECORDED ROAD " DESIGN VIINGS 91.36 AC, PROVIDE dY CITY y ^ VOLUME i. PAGES 48 k 49 MISCELLANEOUS MAP RECORDS NUECES COUNTY, TEXAS CLERKS FILE. NO. 320003 P 0m0746'35" voLLrME SDI, PACE 228 R 312.94' D.R.N.G.T. it \ T =21.27' Rop L =42.47 0.19 ACRES R HDPKIN5 R I N 88'39'16" E S 88'39'16" I W 209,81' 196,01' POBTr OF 4 N 00'47'23" BENNING I 00• N 0047'23" l4 PL a PL PL PL PL PL PL 395 .44'+ �'��` `' °'!� TRACT 2 91.36 AC. I'�(}RA�I� OI.fVEIRII I ' ' •. VOLULfE }• PAGES 48 & 49 1 4 MISCELLANEOUS ANEOUS MAP RECORDS I b �1 • ; ax ` � -r � cStJ R�� - CLERKS F ILE N PAGE 0 2 8 I d •i A m� O.R.N.C.T. State of Texas FD I" Lp. SW CORNER OF TRACT 5 County of Nueces LEGEND: 41.36 AC. TRACT I, Horocio Oliveira, a Registered Professional Land M.R.H.C,T. MAP RECORDS, NUECES COUNTY, TEXAS NOTES: SUrVeyOr, of !Jill/ Inc., do hereby Certify that the • THIS foregoing mop was prepared from information of record IR MAP TO ACCOMPANY FIELD NOTE IRaN ROD TH DE SCRIPTION and from a survey made on the ground under my I.P. IRON PIN direction. SOURCE OF BEARING -TEXAS STATE PLANE FD FOUND TEXAS SOUTH TONE- 4205 -w 83 --PL -- PROPERTY LINE AREA - 5.096.015 SO. FT. 0.19 AC. This the of A, - 2012, — ROf '1 -- RIGHT OF WAY THIS SU94CY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF THE TITLE COMMITMENT SECTION UNE PROVIDED BY THE CITY OF CORPVS CHRISTI f � — PIPE — RAIL ROAD TRACKS (GUARANTY TIRE SERVICES). BOUNDARY OF LANG TO BE ACQUIRED Horacio Oliveira Slate of Texas License No. 1415 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 N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T, 0 200 300 400 DATE: MAY 2012 U4v engineers I arcMtects I contractors M V L M CL o Q F r z 0 X L!? 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 N0. 320003 VOLUME 501, PAGE 228 D.R.N.C.T, 0 200 300 400 DATE: MAY 2012 U4v engineers I arcMtects I contractors � Pages 9 07/19/2012 12:18PM Officiol Rec or Js of NUEOES COUNTY DIANA T. BARRERA COUNTY CLERK . Fees $47.08 City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition �z^ 0. Box 9277 Corpus Christi, TX 78469-9277 Aow nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Racer Color, Relision, Sexy HondicoP, Familial Status, or National Oriain is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS CDUNTY OF NUECES I hereby certifu that this instrument was FILED in file numbmr senuence on the date and at; the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Burreru � � Zz�' .