HomeMy WebLinkAboutC2013-077 - 3/19/2013 - ApprovedAMEND ERSEMNT
AAMMMENT OF REYNOLDS METALS COMPANY EASEMENT (TRACT 17)
STATE OF TEXAS §
COUNTY OF SAN PATRIC10 §
This Amendment of Reynolds Metals Company Easement is by and between San patricio
Municipal Water District ("GRANTEE-D, a oanservattioa and reclamation district and political
subdivision of the State of Texas duly created by the State of Texas Pursuant to Article XVI, section
59 Texas Constitution and the City of Corps Christi, Te
tailed. xas, s Municipal Corporation, {hereafter
"GRANTOR"), and is as follows:
RECITALS
WHEREAS, GRANTOR has acquired fee simple title to a certain tract of land consisting of
8.646 acres, more or less, out of portions of•the C.C. Homsby Survey, Abstract Na 159, and the
J. W.H. Oltman Survey, Abstract No. 213, situated in San patdcio County, Texas, which tract
`•LAN�; and - ofland
is more particularly desc in Ex'b bit "A" attached hereto and hereby made a part hereof (the
D "
WHEREAS, the LAND is subject to that certain easement granted by A. A. McGregor, et
al, to Reynolds Metals Company, dated August 7, 1951 recorded in Volume 169, Page 581, Deed
Records of San Patricia County, Texas (the' BASEMENT'), which easement is more
descnbed in Exhibit `B" attached hereto and hereby made a part hereof (the °` O c R MER
EASEMENT RIGHT 01 WAY and
WHEREAS, the EASEMENT grants a right -Of-way for installation of a water line in the
FOR7vfBR EASEMENT RIGHT OF WAY, and GRANTOR and GR.ANTpX w
description of the right -of -way so that it comports and aligns with the l ant to atnend the
oc of the water line That
was built'by or on behalf of Reynolds Metals Company pursuant to the ation Rtion of and
WHEREAS, GRANTEE wants to install, in the revised right - of - way, as additional water
line with diameternot to exceed twelve inches (12"), runless agrees to .atib3_hy GRTOR an
GRANTEE, d
and air re valves provided that they are buried so that the top of each of the
facilities shall be not less than thirty -six inches (36'5 below the surface of the LAND at all places,
and above-ground water pipeline markers at existing or future fences and at the edges of roads and
the edges of property lines, and certain above ground facilities, including valve boxes line valves
and air mlieflvactmm valves (the `PROJECT'). The PROJECT also includes
Of the new water litre to the valve boxes in the existing water line in whpip ng the top
relief/vactJum valves are located, and installation of additional air relieflvacuum valves those
valve boxes to serve the new water Iine. All above - ground and below ground facilities, inrludii2g
butnot limited to valve boxes, airrelieflvacuum valves, line valves and piping, are within
Easement,
the area where the revised right-of-easement intersects with Grantor's Mary Rhodes Pipeline
2013 -077
3/19113
Ord. 029759
San Patricio Municipal Water
AGREEMENT
NOW THEREFORE, for and inconsideration of the premises, and the receipt of $10.00 and
other
good and valuable considerationprovidedby GRANTOR, the receipt and sufficiency ofwhich
is hereby acknowledged:
GRANTOR and GRANTEE agree that the right of way granted by the EASEMENT is
amended 10 be, and it is now described as a 30 -foot strip of land, shown on the attached Exhibit "C,"
the center line of which is the center line of the water line that was installed on the LAND by or on
behalf of Reynolds Metals Company pursuant to the EASEMENT (the "REVISED RIGHT -OF-
WAY').
GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and
conveys to GRANTEE an easement andright- of- wayin, upon, under, over and across the REVISED
RIGHT -OF- WAY, together with all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold to GRANTEE and GR.ANTEE's successors and assigns forever. The
easement, right -of -way, rights, and privileges herein granted shall be used for the purposes of
excavating for, laying, constructing,. placing, operating, maintaining, reoonst acting,. replacing,
rebuilding, upgradin&renewing,removing. inspecting,patrolling, changing, modifying,orrepairing
the PROJECT, or any part of the PROJECT, and making connections therewith. GRANTOR also
grants to GRANTEE a temporary construction easement in, upon, over, and across a thirty (30) foot
strip ofland that is adjacent to either, but not both, ofthe boundaries of the REVISED RIGHT -OF-
WAY forthepurposesofcanstructing and laying thePROJECT in the REVISED RIGHT OF-WAY.
This temporary construction easement automatically terminates when the PROJECT is placed in
service.
GRANTEE is fully aware of GRANTOR's water pipeline (Mary Rhodes Pipeline) within
GRANTOR'sproperty. GRANTEE will take extremeprecaution while excavating and constructing
GRANTEE's new pipeline adjacent to GRANTOR'S pipeline. GRAN"1E is responsible for any
damage to GRANTOR'S pipeline resulting from GRANTEE's construction activities.
In the event GRANTEE shall be required to cut or go through any of the fences of
GRANTOR in laying the proposed pipeline, it is agreed that prior to cutting any such fences,
GRANTEE shall first brace the existing fence adequately on each side of the proposed cut, so that
when the fence is cut there will he no slackening of the wires.
If GRANTEE shall elect to maintain an opening in any of the fences of GRANTOR during
the construction of said pipeline, GRANTEE shall be obligated to install a good and substantial wire
gap capable of turningcattle from such opening, and GRANTEE small keep such gap securely closed
at all times when not in actual use; and upon the completion of the construction of said pipeline,
GRANTEE shall close all openings and shall restore such fences to their condition as existed prior
to construction, or GRANTEE may install gates in fences where the REVISED RIGHT -OF -WAY
crosses any fence line. GRANTEE may install a gate on any existing or future fences located on the
REVISED RIGHT-OF-WAY. Such gates shall be provided with "H" braces. Gates shall be
-2-
maintained by GRANTEE and be capable of turning livestock. GRANTEE shall keep such gates
securely closed when not in actual use. GRANTOR and GRANTEE each shall furnish separately
keyed locks for all locked gates, and locks shall be separated by no fewer than three links of chain
so as not to mistakenly or in error, lock out either GRANTOR from its property or GRADE from
its REVISED RIGHT-OF-WAY.
All fence related work will be done in a good and workmanlike manner. GRANTEE will
make reasonable efforts to use lice posts, wire and gates in order to match GRANTORS existing
posts, wire and gates.
GRANTEE shall not be required by GRANTOR to provide connections to the above
described additional water line.
To the extent permitted by law, the San Patricio Municipal Water District (-GRANTEE
Ito ofcem, agents, employees, representatives and consultants shall indemnify, save harmless and
defend the City ofCorpus Christi, its officers, agents, employees and representatives ("GRANTOR "}
and each of them against and hold hand them harmless from any and all lawsuits, claims, demands,
liabilities, losses and expenses whatsoever, including court costs and reasonable attorneys' fees, and
including all losses or liability for or on account of any injury to any person, or any death at any time
resulting from such injury, or any damage to any property udder the performances covered by this
contract.
When the context requires, singular nouns and pronouns include the plural. When
appropriate, the term "GRANTEE" includes the employees, agents, subsidiaries, officers, servants,
c mtractors, successors and assigns of GRANTEE.
All provisions of the BASEMENT that are not herein amended are hereby reaffirmed and
shall remain in full force and effect.
This instrument maybe executed iuduplicate originals, and each counterpart shall be deemed
an original and all such counterparts together shall constitute one and the same instrument.
Signed to be effective the day of � _ 20-
-3-
GRANTOR;
THE CITY OF CORPUS CHRISTI, TEXAS
By: V
Ronald L. Olson, City M er
ATTEST:
By:
Arnando Chapa, City heretary
GRANTEE:
SAN PATRICIO MUNICIPAL WATER DISTRICT
BY: &j bl
Bran it ams, District Manager
ATTEST:
n �
Rebecca Xruinnow, Secretary
0 a to forth:
t Yl1lLt�riy`�
JAss9ftnt C�';; r attorney
For City Atior ;
At U �1�; LU x
M�
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF R U
n ent knowledgecl before
-b , 'dity�an ° ger of the City of
Municipal Corporation, on behalf of that municipal
a A4yP i
f ANotary�lEZ ERMA
O
STATE OF TEXAS
••.....: MY Comm. Exp. 0 -23-2017
Typed or Pried Name
My Commission Expires:
STATE OF TEXAS
COUNTY OF SAN PATRiCiO §
This instniment was acknowledged beforeme on byBrian
G. Williams as District Manager of San Patricio Municipal Water District, a conservation and
reclamation district and political subdivision of the State of Texas duly created by the State ofTexas
pursuant to Article 16, Section 59, Texas Constitution on behalf of that District,
so
hWARY PUBLIC
BINS of Texas
Comm. Exp. 01-02 -2014
P—V%w*%-fflWV—j
AFTER RECORDING RETURN TO:
otary Public, State of Texas
Typed or Printed Name
My Commission Expires:
C E- -t C4
Mike Willatt
Willatt & Flickinger
2001 North Lamar
Austin, Texas 78705
-5-
me on -- 2 - 2 20j3by
Corpus Christi, Texas, a Texas Horne -Rule
EXHIBIT "A"
TRACT N4. 17
8.646 acres, more or less, out of portions of the C.C. Hornsby Survey, Abstract No. 159, and the
7.1x1.H. Oltman Survey, Abstract No. 213, situated in San Patricio County, Texas. Also being the
same land as more particularly described by metes and bounds as EXHIBIT F ofthat certain Special
Warranty Exchange Deed from Coastal Bend Bays & Estuaries Program, Inc. To City of Corpus
Christi, dated December 21, 2004, and recorded under Clerk's File No. 539670 of the Real Property
Records of Sawn Patricio County, Texas.
-6-
EXIEBIT aBa
TRACT 17
Easement and/or Right of Way dated August 7, 1951 from A. A. McGregor, et 91, to Reynolds
Metals Company, recorded under Clerk's File No. 76750, Volume 169, Page 581, Deed Records of
San Patricio County, Texas. Said Easement assigned to the city of Corpus Christi, Texas, by
Assignment dated April 30,1982, recorded under Clerk's File No. 309043, Volume 649, Page 264,
Deed Records of San Patricio County, Texas; and Final Assigranent dated June 21, 1984, to San
Patdcio Municipal Water District, recorded under Clerk's File No. 593556, Official Public Records
of San Patricia County, Texas, being described by mates and bounds as follows:
BEGINNING at a point on the Northwest bank, of the Nueces River, approximately 750 feet
upstream from the State HighwayNo. 9 Bridge across theNueces River, SanPatricio County, Texas.
Said point being also S. 32 30 E., 59.0 feet and N. Sr 30' E., 1 A feet from the East fence corner
of James F. Welder Estate. Said point being also in the Right of Way of the old county road.
THENCE: N. 32° 30 W., a distance of 107,0 feet.
THENCE: N. 31° 50 W., a distance of 257.3 feet.
THENCE: 29 02' W., a distance of 389.5 feet.
THENCE: N. 7° 32' W., a distance of 277.0 feet.
THENCE: N. 10° 34' E., a distance of 325.0 feet.
THENCE: N. 39° 22' E., a distance of 709.1 feet to the Southwest Right of Way fence of State
Highway No. 9.
THENCE: Continuing N. 39° 22' E., across said State Highway No. 9 Right of Way, at 76.5 feet,
the centerline of the pavernent from which point the end of the bridge bears S. 17 45" E., a distance.
of 29.1 feet, in all a distance of 103.0 feet to a point.
THENCE: N. 43 46' E., at 42.0 feet, the Northeast Right of Way fence line of State Highway No.
9, in all a distance 166.5 feet.
THENCE: N. 40° 31 E., a distance of 923.5 feet.
THENCE: N. 28'59'E., a distance of 4365.4 feet to a point.
Said point being in the approximate center of the old countyroad and 15 feet from and at right angle
-7-
to the Southeast Right of Way line of Texas State Highway 128, all of the above described line being
between the Right of Way fences of the old county road.
THENCE: N. 43° 5813., parallel with and 15 feet at right angles Southeast of the Southeast Right
Of Way line of State Highway 128 at 101.6 feet, the East fence of the old county road, at 3107 feet
and the south fence to stock pens at 3253.6 feet the North fence to the stock pens, in all a distance
of 3268.6 feet.
THENCE: S. 67° 33' E., a distance of 236 feet.
THENCE: N. 60 25' E, 165 feet from and parallel to the centerline of the St. Louis, Brownsville
and Mexico Railroad, a distance of 1814.9 feet.
THENCE: N. 74° 18' E., a distance of 355.6 feet.
THENCE: N 58° 7 E., a distance 813.0 feet.
THENCE: N. 49 E., a distance of 289.0 feet.
THENCE: S. 46° 16' E. at 25.0 feet the west fence line of the St. Louis, Brownsville and Mexico
Railroad, at 74.1 feet, the centerline of the railroad tracks, at 121.3 the East Right of Way fence of
the railroad, in all a distance of 134.0 feet.
THENCE: N, 66 51 E., a distance of 315.7 feet.
THENCE: N. 80 E., a distance of 207.4 feet to a fence on the East property line of 95 acre tract
and the west line of the Ida G. Curry tract.
SAVE AND EXCEPT THE FOLLOWING:
Tract A. A strip of land 150 feet in width, being the Right of Way of State Highway
No. 9.
Tract B. The Southeast comer of the 89 acre tract of land belonging to C. C. Parker
and lying southeast of State Highway 128.
Tract C. A strip of Iand 100 feet in width, being the Right of Way of the St Louis,
Bmwosville and Mexico Railroad.
=0PAT=YnDWA- Lmumea FT 17 -I
M2
-8-
EXHIBIT "C"
SAN PATRICIO MUNICRAL WATER DISTMICI'
TRACT 17 - WATERLINE EASEMENT (0.x16 ACRE TRACT)
CITY OF CORPUS CHRIS3'I
STATE OP TEXAS
COUNTY OF SAN PATRICIO
Field now of a waterline easement being a 0276 acre tract of land. being on, under, and
across an 8.646 acre tract of land conveyed from the Coastal Bend Bays & Estuaries Program,
Ire., to City of Corpus Christi by Special Warranty Exchange Deed dated Deccmber 21.2004
and recorded in Clerk's 1?lle No. 539670 of the Real Property Records of San Patticio County,
Texas;
Said 0.276 acre tract is comprised of a portion of the C. C. Hornsby Sorvey, Abstract 159,
is situated in San Paaicio County, Taw. appondmaWy 2.0 miles southwest of the t ty of Odea6 and is
described by tastes and hounds as follows:
Beginning at a point in the northwest line of a 46.117 acre tract of laud conveyed irons The
Namur Conservancy of Texas to the Coastal Bend Bays & Estuaries program. Inc., by Special
Warranty Deed dated April 27, 2003 and recorded in Clerk's File No. 518347 of the Real
Property Records of San Patricio County, Texas. for the east career of this tract; whence rite
north comer of said 8.646 acre tract of land bears North 18' 31' 00" East, a distance of 342.35
feet, and whence a Sf8" iron rod found in the southeast line of said 46.117 acre tract bears South
06' 07' 49" East, a distance of 1082.10 feet;
Thatee Soulb 46' 26' 53" West along the northwest line of said 46.117 acre tract, the
southeast liras of said 8;646 acre tract, and the southeast litre of this trace, a distance of 54.33 feet
to a point for angle comer of this tract;
Thence South 77' 48' 22" West continuing along the Southeast line of this tract, a
distance of 47.81 feet to a point for an angle corner of this tract;
Thence South 70' 40' 47" Was continuing along the southeast 6ne of (his tract, a
distance of 48.97 feet to a point for an angle corner of this tract;
Thence South 66' 31' 35" West continuing along the southeast line of this tract, a
distance of 279.21 fact to a point for the south corner of this tract;
Thence North 50' 54' 24" West along the southwest Tine of this tract. a distance of 20.60
feet to a point in the southeast right- of-way line of Union Pacific Railroad and the northwest line
of said 8.646 acre tract, for the west corner of this tract:
Thence North 49' 56' 09" lust along the southeast tight -of- -way line of add Union
Padfitc IWIroad, the northwest fine of said 8.646 acre tract, and the northwest line of this tract, a
distance of 41.02 feet to a point for an angle corner of this tract; whence the north corner of said
8.646 acre tract of land beats North 46° 18'42" East, a distance of 666.62 feet; and whom a
518" iron rod found at the south corner of said 46.117 acre tract bears South 19° o5' 04" West, e
distance of 2179.43 feet;
Thence North 66 33' 35" Bast along the northwest line of this tract, a distance of 250.48
feet to a point for as angle corner of this tract;
Thence North 70' 40' 47" East continuing along the northwest litre of this tract. a
distance of 51.93 feet to a point for an angle coaxer of this tract;
Thence North 77' 48'22" East continuing along the northwest bite of this tract, a
distance of 54.10 feet to a point for an angle coracrof this tract;
Thence North 80' 09' 58" Bast continuing along the northwest line of this tract, a
distance of 42-01 feet to the point of beginning. contains 0.276 acres (12,036.03 sq. fl) of land,
morn or less, subject to all easements of record.
Bearings in this description are bused an a WS Survey. Texas Coordinate System of 1927,
South Zoos.
I, Jesse Fuentes. Registered Professiond Land Sumayor of Texas, do hereby state that this
description represents an ROMA survey merle on the ground this the 18th day ofNevember, 2009,
PegtaWa Prohsslonal Land Survayor
Texas Registcaffon No. 5988
A � aamirparrles ft mskc wa d bauads dasa(plton.
. 2
f
0, � I i
�, or
OXG AM
411"7 Ac
C.W Rand $oys &
Eahhwft Augmn lna
C. F. Na $19347
R. P. R, S P. C., flc
X
1
I.
9 i
/
1 � y 90W Am
G of Ca�poa Qvietl
R F Ha 53im
RR R.. & P. C., nL
C. C. HORNSBY
A - 159
v I/
i
121A
i�
l
1�
>r
105
C
i
I. Jesse Fuentee. Regtetelsd Profeesionol Land Surveyor of Texas,
do hereby state that We plat represents an actual survey made
under my direclion to the Mast of my knowledge an oblIlly, this
the 24th day of May. 2092.
P ease 9 —=GD hefha are not shown an this plot.
Perming any areovaum an tilts tract JESSE �ftJFaliES
4
Seolings were ftm a OPS Surft Texas Coordinate t 59@4
Y . South Lane.
plat.
A metes end hounds deaoriptian occompa:ies this Pmt. Land Szmieyar
44/COASIX,/110%A17e SuR Texm man tea s�
SM PATRK30 MUNICIPAL
WATER DISNCT* — TRACT 37
PLAT SHOWtNC SURM OF
0Z76 ACRE TRACT OF LAND
our THE
C. C. HORNSBY SURVEY,
ABSTRACT 1-%
SIN PATWO COUNTY, 7VAS
SCALE 9' a eo FEET
437
i
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Gracie Alaniz -- Gonzales, County Clerk
Sk Te F San Patricia Texas
March 28, 2013 01:26:01 PM
c FEE: $56.00 626303
snM4o- AMEND EASEMNT