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Home My WebLink AboutC2012-251 - 3/9/2012 - NA_ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY RIGHT -OF -WAY THE STATE OF TEXAS § § KNOWN BY ALL THESE PRESENTS: COUNTY OF NUECES § THAT, Palm Land Investments, Inc., a Corporation, Dan Caballero, President ( "Grantor "), whose address is 5949 La Costa, Corpus Christi, Texas 78414, County of Nucces, State of Texas, for and in consideration of the sum of One and no /100 Dollar ($1.00) to it in hand paid by the City of Corpus Christi, Texas, a Texas Horne -Rule Municipal Corporation, duly incorporated under and by virtue of the laws of the State of Texas ( "Grantee "), of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, the receipt of which is acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey to the City of Corpus Christi, Texas, its successors, legal representatives, permitted assigns and franchisees, the free and uninterrupted use, liberty, privilege, and easement, of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: See the Metes and Bounds property description for a 100 foot diameter (0.175 acre) temporary right -of -way out of Lot 5, Section 11, Bohemian Colony Lands, as recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, attached and incorporated as "Exhibit A ". See the map showing the location of the temporary right-of-way attached and incorporated as "Exhibit B ". Together with the free ingress, egress, and regress to and for the City of Corpus Christi, Texas, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and maintaining temporary streets, and appurtenances upon said premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary of convenient at all time and in all season in, along and upon said premises. TO HAVE AND TO HOLD, all and singular, the rights and privileges as described above to the City of Corpus Christi, Texas, its successors, legal representatives, permitted assigns and franchisees, for the proper use as a temporary right -of -way easement for so long as used for such purposes, and if the use of said easement and right -of -way be ever abandoned or legally platted, then, in that event, the aforesaid rights and privileges shall cease. Executed in triplicate, of which any copy constitutes an original. 2012 -251 3109112 Palm Land Investments Inc. Palm Land Investments, Inc. Temporary Right -of -Way Pagel of 5 INDEXED GRANTOR The person signing this easement as Grantor or on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for purposes of this easement. EXECUTED THIS THE � day of , 20Q. , Palm Land Investments, Inc._ Corporation Grantor's Name Type of entity By: an �Caallero., President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 13 day of /' f-b , 20� by, Dan Caballero, President, Palm Land Investments, Inc., by and on behalf of said Corporation. �WY MERLYN STEVENS My Commission Expires July 19, 2014 1-11�� - A�� Notary Public, State of Texas My Commission expires: -1-19-a LEINHOLDER The person signing this easement as Leinholder or on behalf of the Leinholder, represents, warrants, and guarantees that they are the Leinholder or have the authority to'act on behalf of the Leinholder for purposes of this easement. American Bank, N.A. By: Ed Bacak, Senior Lending Officer THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this t day of , 20 t Z, by, Ed Bacak, Senior Lending Officer for American Bank, N.A., a person author ed to sign on behalf of American Bank, N.A. 1 w ' {';ti, ublic, State of Te M1'r ��- DINA M. DUENES Notary Public, Stets of Texas «= My commission E xpires My Commission expires: —�j February 22, 2013 11299_ROW Easement o, 175 Acre Revised Patin Land Investments, Inc. Temporary Right -of -Way Page 2 of 5 ACCEPTED for the CITY OF CORPUS CHRISTI, a Texas Municipal Home -Rule Corporation and body politic under the laws of the State of Texas, this 7 -es day of J4 1, , 20! z Dan iles Interim Director of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this X day of �Aayoh _, 20l1 by, Dan Biles, Interim Director of Engineering Services of the City of Corpus Christi, Texas, a Texas Home - Rule Municipal Corporation, on behalf of said Municipal Corporation. Rotary Public, State of Te ;y P My Commission expires; MARTHA SILVIA QlJIROZ * * MY COMMISSION EXPIRES August 4. 2013 APPROVED AS TO LEGAL FORM this day of � , 20 /�_ For Carols Valdez, City Attorney B ,�✓�. or Walther Brown City Attorney AFTER RECORDING RETURN TO: Daniel McGinn Acting Land Development Manager Development Services 2406 Leopard Street Corpus Christi, Texas 78408 11299_ROW Easement Acre Revised Palm Land Investments, Inc. Temporary Right -of -Way Page 3 of 5 FIELDNOTE DESCRIPTION FOR 0.175 -ACRE TRACT OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 0.175 acre of land situated in Lot 5, Section 11, Bohemian Colony Lands, as recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, same being a portion of that certain 56.941 acre tract of land conveyed to Palm Land Investment, Inc. by Dan Caballero and wife, Maria E. Caballero by deed dated November 10, 2009 and recorded as Document No. 2009045459 in the Official Record of Nueces County, Texas, said 0.175 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at an existing 5/8 inch iron rod at the most western corner of Lot 15, Block 7 of Summer Wind Village, Phase III as recorded in Volume 67, Pages 539 & 540 of the Map Records of Nueces County, Texas, THENCE, N. 61° 53' 17" W., a distance of 554.22 feet along the southwest line of said 56.941 acre tract of land to a point, THENCE, N. 28° 06' 43" E., a distance of 100.00 feet to the PLACE OF BEGINNING, same being the most southern corner of the herein described tract; (All bearings based on the Texas Plane Coordinate System, South Zone, 1927 datum) THENCE, along a curve to right having a radius of 50.00 feet, a central angle of 300° 00' 00 ", an arc distance of 261.80 feet, chord bearing and distance of N. 28° 06' 43" E. 50.00 feet to a point for a corner of the herein described tract; THENCE, S. 28° 06'43" W., a distance of 50.00 feet to the PLACE OF BEGINNING, containing within these metes and bounds 0.175 acre of land. I hereby certify that the above fieldnote description is based on a survey made on the ground, under my supervision, and is true and correct to the best of my knowledge and belief. ,�P•'�G1s t�gE�.9 �A. C. FRANKSON ......................... 11299 ROW Ea eme¢r 6.175 Acre Revised A.C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 Exhibit A Page 1 of 1 Palm Land Investments, Inc. Temporary Right -of -Way Page 4 of 5 SCALE: 1" = 100' SUMMER WIND VILLAGE PHASE III I VOL. 67. P G. 539 a 540 MAP RECORDS I� WINDY WAY DR. (50' R.O.W.) I wo I I I rte, c.i O p p 1 II T � BLOCK ; 5 L I I EXISTING IRON 1 ROD I1 F. A. C._ FAANKSON ...,. 2239 -9�.ofi�ss +a r4 � S URU� I I 50' N 28'06'4,3" E 1 100.00' o BEING A 0.175 ACRE TRACT OF LAND SITUATED. IN LOT 5. SEC TION 11 BOHEMIAN COLONY LANDS IN NUECES.COUNTY. TEXAS EXHIBIT "B" PA 1 OF 1 PAGE 5 OF 5 I' I� I� E. PALM - LANVTINVESTMENT, DOC INC. 'NO:2009045459 w OFFICIAL RECORDS 56.941.: ACRES Lu I m I b I� �I G 0 I CURVE QA t3 P (� = 300 00 I ^ = d R = 50.00' a. a ARC = 261.80' CHORD = N 28 ° 06'43" E {7U� I 50.00 ' o� S 28 °06'43" N 50.00' F. A. C._ FAANKSON ...,. 2239 -9�.ofi�ss +a r4 � S URU� I I 50' N 28'06'4,3" E 1 100.00' o BEING A 0.175 ACRE TRACT OF LAND SITUATED. IN LOT 5. SEC TION 11 BOHEMIAN COLONY LANDS IN NUECES.COUNTY. TEXAS EXHIBIT "B" PA 1 OF 1 PAGE 5 OF 5 Doc' 2012011303 � Pages 6 03/28/2012 2'23PH Official Records of MURES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Ang inovision herein which restricts the Sale, Rental wr use of the described REAL PROPERTY because of Race" Color, Relisimo, Sex, Hondiconr Fumi%iml Gbmtus, or National Or\xin is invalid and unenforceable undar.FEDERAL LAW, 3/12/89. STATE OF T[XAS COUNTY OF HUECES I herwby'certify that this instrument was FILED in file muMer sanuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Publ|c Records of Nueces Cnuntw, Texas Bioou T. 8urrepu �� ' . ��- �r�n�' ^.�x..____ C of Corpus ,m rist ; [l Services/ "8�� PN / �� Special Services v��1u'w��Hces ` ��8Ahu Leopard, �� ',��"��,m, `,�^w° .°v� � Christ, w'l�lDU� w..��. ^,x xw�ww