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HomeMy WebLinkAboutC2012-252 - 3/28/2012 - NANOTICE 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. UTILITY EASEMENT Dc"i1c� 2012011302 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 Nueces, 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 Home -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 0.029 acre utility easement out of Lot 5, Section 11, Bohemian Colony Lands, a map which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, attached and incorporated as "Exhibit A ". See the map showing the location of the utility easement 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 keeping utility lines in, over, under, on and along the premises (including but not limited to water, wastewater, storin water, storm water detention, filtration, drainage, and gas, together with all lines, pipes, conduits, and other equipment, improvements and appurtenances used in the supply and provision of public utilities). 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 utility easement for so long as used for such purposes, and if the use of said easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. Executed in triplicate, of which any copy constitutes an original. 2012 -252 3/28112 Palm Land Investments, Inc. Utility Easement Page 1 of 5 Palm Land Investments Inc. GRANTOR The person signing this easement as Grantor or on behalf of the Grantor, represents, warrants, an d 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 IS O-4 day of F-uc�.rU , 201.1. Palm Land Investments, Inc Corporation Grantor's Name Type of entity By: , Az �� Caballero, President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 13 day of r E,b 20_L, by, Dan Caballero, President, Palm Land Investments, Inc., by and on behalf of said Corporation. �r MEFtLYN STEVENS My Commission ExplrNS July 19, 2414 ,E C FW Notary Publ e, State of Texas My Commission expires: 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: G"'l�✓ Ed Bacak, Senior Lending Officer THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of u r — Q 20 t D, by, Ed Bacak, Senior Lending Officer for American Bank, N.A., a person authoriz6d to sign on behalf of American Bank, N.A, r WNA M. DUEN N4{E�y Pu bllc, State of Texas Notary ublic,.State of Texas MI tmmission Expires obtuary 22, 2413 My Commission expires: Palm Land investments, Inc. Utility Easement Page 2 of 5 11299 Utility Easement 0.029 Acre 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 a. day of ✓n , 41 , 20 14 Dan Biles Interim Director of Engineering Services THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of N\CK& , 2013 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. &V!kq � ®ry Public, State of Texas MARTHA SILVIA QUIROZ My Commission expires: 4ig 3 MY COMMISSION EXPIRES A August 4, 2043 APPROVED AS TO LEGAL FORM this day of For Carols Valdez, City Attorney By: Walther Bro Oborah sistant City Attorney AFTER RECORDING RETURN TO: Daniel McGinn Acting Land Development Manager Development Services 2406 Leopard Street Corpus Christi, Texas 78408 11299_UtiltiyEasement 0.029 ^ Acre_Revised Palm Land Investments, Inc. Utility Easement Page 3 of 5 FIELDNOTE DESCRIPTION FOR 0.029 -ACRE TRACT OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 0.029 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 0.029 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at an existing 518 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, N. 61' 53' 17" W., a distance of 25.26 feet to a point for the most western corner of the herein described tract; THENCE, N. 28 06' 43" E., a distance of 50.00 feet to a point for the most northern corner of the herein described tract; THENCE, S. 61° 53' 17" E., a distance of 25.26 feet to a point for the most eastern 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 0.029 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. ez .a . k elioo��� A.C. FRANKSON �P a Registered Professional Land Surveyor Texas Registration No. 2239 ■ Nw rwrr r•. =,70 mow. A :.c - RAN F N Exhibit A Page 1 of 1 - %Wo'r Palm Land Investments, Inc. Utility Easement Page 4 of 5 11299 Easement Acre.dec s P.E. S 28'06'43 " W 50.00' ` � I � # I S 61 E I 25.76 28 E I SCALE. 1" = 100' SUMMER WIND VILLAGE PHA III I / VOL. 67. PC. 539 d 540 MAP, RECORDS j �\ cr cl ��. WI NDY WAY DR. 4r (50' !R. ©. W.) N 3e U J co a: I 0 0 i BLDCK 15 .. L i � L I EXISTING IRON II ROD I I EI � f I I I' IN PALM LAND INVES INC. I A DOC. NO.2009045459 OFFICIAL RECORDS 56.941 ACRES I I � I o ILL, I= W I Ica F ' Om V) ' CL I I� 0 6 0 I 0. 0' I uJ a �L� lie a !1 A C F�AN!(SON. 2239 �., , j a' UM N 28 "06'43" E t00, 00 50.00' i I BEING A 0 .029 ACRE T�AC .0 - LAND SITUATED IN LOT 59 SEC.T::ION 11 BOHEMIAN ' COL - LANDS I NUECES COUNTY. '' TE'XaS' EXHIBIT "B" '> PAGE 1 OF 1 PAGE 5 OF 5 1 Q Pases 6 03/28/2012 2.23PK Official Records of NUECES COUNTY DIANA T. .BARRE,RA COUNTY CLERK Fees 435.00 Ang provision herein which restricts the Sales Rental or use of the described REAL. PROPERTY because of Racer Color p Religiianp Sexy Handicapp Familial Status nr Hational Origin is invalid and unenforceable under FEDERAL LAW 3/12/3 STATE OF TEXAS COUNTY OF HUECES I herebg cartif9 that this instrument was FILED in file number sequence on the date and at the time stamped herein his mew and was duly RECORDED in the Official Public -records of Nueces CouWFiF Texas Diana T. Barrera y . . v C .y I)# Corpus A 'ntlsti Ue't x,:ipment Services/ Special Services 2406 Leopard, Suite ' r,arpus. Chris, TX 78408