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Home My WebLink AboutC2013-034 - 1/28/2013 - NADom 2013003331 CORRECTION UTILITY EASEMENT STATE OF TEXAS § COUNTY OF I166I -'S § KNOW ALL BY THESE PRESENTS: § THAT STONELEIGH CORPUS CHRISTI APTS., LTD, a Texas limited partnership and successor by merger of Stoneleigh Corpus Christi Apts, II, Ltd., ( "GRANTOR "), of 16800 Westgrove Drive, Suite 100, Addison, Dallas County, Texas, 75001, for and in consideration of One and No/100 Dollars ($1.00) paid by the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation ( "GRANTEE "), of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401, the receipt of which is hereby acknowledged, has granted, sold, and conveyed to GRANTEE, its successors, legal representatives, and its 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 attached and incorporated as "Exhibit A" and a map showing the location of the tract attached and incorporated as "Exhibit B" (collectively, the "PREMISES "). Together with the free ingress, egress, and regress to and for GRANTEE, its successors, legal representatives, and its franchisees, to construct, lay, maintain, inspect, repair, and keep public utility lines in, on, over, under and along said PREMISES. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to GRANTEE, its successors, legal representatives, and its franchisees for use as a utility easement and right -of -way for so long as used for such purposes and, if the use for said utility easement and right -of -way at the PREMISES is ever abandoned by GRANTEE, then the aforesaid rights and privileges shall cease and all rights herein granted shall terminate and revert to GRANTOR, its heirs, successors, and assigns. This correction utility easement ( "CORRECTION UTILITY EASEMENT') is made as a correction to that certain Utility Easement dated March 13, 2006, and recorded under Document #2006016122, Official Public Records, Nueces County, Texas ( "UTILITY EASEMENT "), in order to correct and replace in its entirety an erroneous exhibit that was attached as "Exhibit B" to said UTILITY EASEMENT. "Exhibit A" and "Exhibit B" to this CORRECTION UTILITY EASEMENT correctly describe the PREMISES that were intended to be conveyed and should have been conveyed by the UTILITY EASEMENT. This CORRECTION UTILITY EASEMENT is given and accepted as a corrected instrument in complete substitution for the UTILITY EASEMENT. Other than the stated correction, this CORRECTION UTILITY EASEMENT is intended to restate in all respects the UTILITY EASEMENT, and the effective date of this CORRECTION UTILITY EASEMENT relates back to the effective date of the UTILITY EASEMENT. Paee 1 of Stoneleigh CC Apts Ltd. 2013 -034 1/28/13 INDEXED COUNTERPARTS: Multiple original copies of this CORRECTION UTILITY EASEMENT may be executed, and the execution of this document may be through the execution by the parties of separate Counterparts. All of the original copses of this CORRECTION UTILITY EASEMENT together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this CORRECTION UTILITY EASEMENT, such that each original copy of this CORRECTION UTILITY EASEMENT shall consist of (i) the body of this CORRECTION UTILITY EASEMENT and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such counterpart shall constitute one original of this CORRECTION UTILITY EASEMENT. Witness my hand this the o day of nuar 2013. C] GRANTOR: Stoneleigh Corpus Christi Apts., Ltd., a Texas limited partnership and successor by merger of Stoneleigh Corpus Christi Apts. ll, Ltd, By: Seneca Southwest, L.L.C., a Texas limited liability company, its general partner By: Printed Name: j Uam Title: STATE OF TEXAS § COUNTY OF L W[0-s § This instrumenLwas ac ledged before me oow �. OLA - � 2013, , by . t`n Y . � n� , the me-s ue of Seneca Southwest, L.L.C., a Texas limited liability company and general partner of Stoneleigh Corpus Christi Apts., Ltd., a xas limited partnersh' , on behalf of said partnership, ,��• Nota blic, State of Texas ELIZABETH ALUM BUTTEWRTH My Commission Expire AP0110. 2016 (continued on next page) Page 2 of 6 ACCEPTED for the GRANTEE City of Corpus Christi on - 1gl1 2 '; O13. By: _ s . Dan Biles, Director of Engineering Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ 5 nu0.N 28 , 2013, by Dan Biles, P.E., Director of Engineering Services, City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. *: y MY G0MMISs10N EXPIRES Aupuat4,2Ga Notary Public, Sta a of Texas Approved as to legal form"013 C9- 2 Carlos Valdez, City Attorney (75n. / 1 1 .n EfizabgtU Hundley ' Assis6(t City Attorney for the City Attorney AFTER RECORDING, PLEASE, RETURN ORIGINAL TO CITY OF CORPUS CI1RISTI Attn: Property and Land Acquisition Division Department of Engineering Services P. O. Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 6 } . U KDAM ENGINEERING I�ev :Malrch29,2 o0& 1)cce�rtbar 3.a, 20t}5 fadI >85a -310! PA 13 OXA , - M +IrORPt15 55Job Na. 371%Ajbjj454.60b State of Texas County of Nuileag Field Notes for a 15.00 foot wide utility casement (not based on an on -the- ground survey) out of Lot 2C, Block 4, plea Arbor Unit 4, a map of which is recorded in Volume 56, Page 38, Map Records ofWueaes County, Texas, said easement being mono fully described by metes and bounds as Follows: Beglu ling at a point oa the nortlicast boundary of Curtis Clad: D rIva, a 60 fbot wide ,public roadway from which point the south corner of Lot 2$, said Brock 4, same bcing the .vest career ot$aid Lot 2C, bears Notch 6) west, a distance of 57.66 feet; Thence, along the north boundary of easement as follows: North 28 °56'09" Best, a d istance of 267.28 fact, North 51 °27'45" E*st, a distance of 33.88 feet; North 73 °57'45" .Gast, a distance of 55.71 feet; South 83 Bast, a distance of 31,46 feet; South 61 °0241" £ns4 a d of 161.38 feet to alroitit on The conamotl bouxtd'ary of Lott, Mock 1, Glen Arbor [bust 5, a map of which is re corded Vol r , 63, Page se Map 00 ccnrde ofNtleces County, Texas, and, said Lot 2C, for the cost corner of this easement, Thence, South 29 West, along the common boundary of said Lois 3 and 2C, it distance of 13,110 feet for a comer of ties easement; '1l hence, atoug Mo south boundary of this easement ds follows: North 61 °02 '41 " West, a distance of 158.38 feet; N orth 83 °32`13" West, a distance of2.5.49 feet; South 73 °57'45" West; a distance of49,74 feet; South 51 °27'45" West, a distmee o f 27.91 feet; South 28 °56'09" West, a distance of 264 feet to a point on the n0aeast boundary of said Cuids Clark Road, for the south comer oftlz u casement; Tlxance, North 61 ° 00'04" West, along the northeast boundary of said Curtis Road, $distance of 15.00 feat to the point otneg"Min'g and containing 8,066.$6 s Clark quare fact of land. q Bearings are based on the recorded plat of Tots 2A, 2B, and 2C, Mock 4, Olen Arbor Unit 4, a insp of which is recorded in Volume 56, )Page 38, Map Pxrords of Nueces County. Texas. Unless this Fleldnotes Description, including preamble, seal and Sign mm, appears in [is entirety, in its original form, surveyor assumes no responsibility for its acouraay. . Urban ]Zng':neeriug 4 DAN ' Dnn L., XJrba�n > p.L,3, License No. 4710 ' � A 11l3a , jl3TbDd'hSO41Fn1614t�scmans doc =V r D rr A • - • - WILMS ON iI t I i i it I to le S61' T 16 N ao N N 60 N Lot 20, Block 4 Glen Arbor Unit 4 Vol. 56, Pg. 38, Map Records, Nueoes County, Texas LINE 1 � 1 I 1 o.� 15.00' L2 id63'32'15 W 25.49' L3 .� swz 3 r , -.2 I 0 q; S51'27 45'W >�' I � I I I I I 1 Ms Mr" (a not � r rsr)04�soor I, i I •I S61' T 16 N ao N N 60 N Lot 20, Block 4 Glen Arbor Unit 4 Vol. 56, Pg. 38, Map Records, Nueoes County, Texas LINE BEARING DISTANCE L1 S29'00'00 "W 15.00' L2 id63'32'15 W 25.49' L3 S73'57'45'W 49.74' L4 S51'27 45'W 27.91' L5 I N61'00'00 15.00 M U o a�'�c i3q � � � U Vl g ��z :9 7P a: U.C. t -7 L5 Point of Beginning Curtis 9iark Drive (so s,o.w.7 c`I rfO CCOlZ2 c'tl� FI �CptvOTfs fora 1400 faeot We My Easement. 1] n RE/: MAR. 29, 2006 GATE: DEC. 2005 SCALE: " ' (not J \\ I,�] /�—� 9 =600` basso on vn on-the-ground survey) out of Lot X &Ck 4, GIM Arbor curt A n m op of wp h & roCOrdeod In volume 5a Page 9 Moo Ateords ENGINEERING ores sn�wn� JOB NO.: 37604.A4.04 SHEET 1 O F 1 of Hooves c ounty. Texas. 1 Ms Mr" (a not � r rsr)04�soor DRAWN BY S`8 EXHIBIT" B" City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition —"'– P. O. Box 9277 Corpus Christi, TX 78469 -9277 Doct -2 .30CD33 -31 rages 7 Official Records of DIANA T. BARRERA COUNTY CLERK Fees $39 a00 An_ Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race$ Colors Relisiony SeKy Handicaps Familial Statusr or Eaf;ional Origin is invalid and unenforceable under FEDERAL LAW? 3/12J89. STAILOF TEXAS COUNTY OF HUECES I herebq certify that this instrument was FILED in file number sequence on the date and at the time stamped herein b�j me and was dull RECORDER in the Official Public Records of Nueces Count9i Texas Diana T. Barrera AA • R�y