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HomeMy WebLinkAboutC2013-088 - 1/3/2013 - NA9 Drasc_'w 2013003866 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. UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT MIKE VAUGHAN AND DONNA VAUGHAN, whose address is 4880 FM 1889, Robstown, Texas 78380, 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 attached hereto and incorporated as Exhibit "A" for a 0.088 acre wastewater easement ( "Easement Area ") out of Lot 1, Block 3, of Valley View Subdivision, Unit 2, a subdivision of record in Volume 43, Page 178 of the map records of Nueces County, Texas. See the map showing the location of the wastewater 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 under and along the premises. (including but not limited to water, wastewater, storm 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). Grantor reserves the right to use the Easement Area for non - structural improvement purposes which do not materially interfere with Grantee's use of the Easement Area, which purposes by Grantor may include (among other things) the installation of a driveway or parking area. Grantee hereby agrees to restore the Easement Area to the condition which existed prior to any actions taken by Grantee within the Easement Area. Furthermore, Grantee hereby agrees to repair or cause the repair of (at no cost to Grantor) any damage to the 2013 -088 1103113 Mike Vaughan and Donna INDEXED Vaughan Easement Area (including any damage occasioned to the existing septic system drainage field within the Easement Area) caused solely and directly by Grantee's use of the Easement Area. The agreement of Grantee under this Utility Easement to make repair payments in any fiscal year shall constitute an expense payable solely from the current revenues of the Grantee for that fiscal year, which fiscal year ends on July 31 of each year, so long as such expense has been appropriated in Grantee's fiscal budget. To the extent allowed by Texas law, the obligation of Grantee to make repair payments does not constitute a general obligation or indebtedness of Grantee for which Grantee is obligated to levy or pledge any form of taxation. TO HAVE AND TO HOLD, all and singular, the rights and privileges as describe above to the City of Corpus Christi, Texas, its successors, legal representatives, permitted assigns, and franchisees, for the proper use as a utility easement and, 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. [Signature Page to Follow] Executed in duplicates, either copy of which constitutes an original. 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 S GRANTOR: i Vaugha onna Vaughan day of Z 0 1.; THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowIWg@ before me on this y y' v r 2�, by Mike Vaughan. ��. �q �.�� ��pRYAU6, 9�oF5 No ary Public, State of Texas 15 M Commission y expires. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 3 v 13 -201T, by Donna Vaught day of 74Wa -4 ZL' Notary Public, State of Texas My Commission expires: -� GRANTEE ACCEPTED for the CITY OF CORPUS CHRISTI, a Texas Home -Rule Municipal Corporation and body politic under the laws of the State of Texas, this ILMN day of Daniel Biles, P.E. _— Director of Engineering Services STATE OF TEXAS § COUNTY OF NUECES § This in trument was acknowledged before me on this the day oflJCjr by Daniel Biles, P.E.,Director of Engineering Services of the City of Corp s Christi, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said Municipal Corporation. Notary Public, State of Texas MARM SILVIA QUIROZ My Commission expires: %Iqk &01 MY coMMISSION EXPIRES .� • AuguM, 2018 APPROVED AS TO LEGAL FORM this %f day of For: Carl Valdez, City A t ney r-lo&i By; Eliza h Hundl . Assidt6nt City Attorney AF TER RECORDING RETURN TO: Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Development Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 EXHIBIT A Bury +Partners 0.088 ACRES (3,854 Sq. Ft.) WW —LINE ESMT— EXHIBIT -3.DWG FN NO. 101165 - 50002 -4 JUNE 28, 2012 JOB NO. R01011.65- 50002.97 FIELD NOTE DESCRIPTION (WASTEWATER EAS EMENT) OF A 0.088 ACRE TRACT OF LAND LOCATED IN NUECES, COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOCK 3, OF VALLEY VIEW SUBDIVISION, UNIT 2, A SUBDIVISION OF RECORD IN VOLUME 43, PAGE 178 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO VICKI RUTH BONNER, BY DEED RECORDS IN VOLUME 1978, PAGE 968 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 0.088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE NORTH AMERICAN DATUM 1983, TEXAS COORDINATE SYSTEM, SOUTH ZONE; DISTANCES MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.0000400: BEGINNING, AT A SET '-2 INCH IRON ROD, LOCATED IN THE EASTERLY RIGHT —OF —WAY LINE OF F.M. 1889 (120' R.Q.W.), BEING THE NORTHWESTERLY CORNER OF SAID LOT 1, BLOCK 3, AND THE NORTHEASTERLY CORNER OF PARCEL 103, DESCRIBED IN DOCUMENT NO. 2000050984 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 84 32' 11" E, ALONG THE COMMON BOUNDARY LINE OF LOT 4, BLOCK 2, NUECES RIVER IRRIGATION PARK SUBDIVISION, AS RECORDED IN VOLUME A, PAGE 54 OF THE NUECES COUNTY, MAP RECORDS, AND SAID LOT 1, BLOCK 3, A DISTANCE OF 15.04 FEET TO A POINT FOR THE NORTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; THENCE, S 09 31' 56" W, CROSSING SAID LOT 1, BLOCK 3, A DISTANCE OF 257.51 FEET TO A POINT LOCATED IN THE NORTHERLY LINE OF LOT 2, BLOCK 3 OF SAID VALLEY VIEW SUBDIVISION, UNIT 2, FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; WHENCE, N 8D 30' 25" W, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1, BLOCK 3, AND SAID LOT 2, BLOCK 3, A DISTANCE OF 15.0 FEET TO A POINT LOCATED IN THE EASTERLY RIGHT —OF —WAY LINE OF F.M. 1889 (120' R.O.W.); THENCE, N 09 31' 56" E, ALONG TIME EASTERLY RIGHT —OF —WAY LINE OF F.M. 1889, A DISTANCE OF 256.45 FEET TO THE POINT OF BEGINNING, Exhibit A — Page 1 CONTAINING AN AREA OF 0.088 ACRES (3,354 SQ. FT.) OF LAND, MORE OR LESS. Note: Sketch of even date to accompany this Legal Description. .CJ lv 9 Z 0 F T HAL B. LANE III vi REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 i H ' 1! / " LANE • r y" � � �L_AL�� LPL s r BURY+PARTNERS, INC. ..ccam�� . 922 ISOM ROAD, SUITE 100 = .;;�sswit" SAN ANTONIO, TEXAS 78216 SOtcv` 210/525 -9090 Exhibit A — Page 2 EXHIBIT B 0 50 100 150 200 o CLOUDCROFT LAND 1 " =100' s VENTURES, JNC. DOC. 4P2007018239 FM 624 o LOT h, BLOCK 2, NUECE SIGN o° RIVER IRRIGATION PARK SUBDIVISION cj V OL. A, P G. 54 S &4'32'17 "E a 15.04' P.O CONCRETE RIP -RA (5 O 4 (V 0 a w 4 N 6 floss ACHES (3,854. sq.ft.) ASTEWATER ESM'T n > 1 I BLOCK 3 30 '25 "W 75.00 VALLEY VIEW SUBDIVISION, UNIT 2 2 VO 43, PG. 178 5 iL 0 of -i -�i Q° wv co 4 4 O SKETCH TO ACCOMPANY DESCRIPTION OF b B u y +P ilmers OF A 0.088 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS. BEING A PORTION OF LOT 1, BLOCK 3, OF VALLEY VIEW GALALL AA,, 2m lm 80.d, &a t 100 SUBDIVISION, UNIT 2, A SUBDIVISION OF RECORD IN VOLUME 43, 1b Ben 6n1°mo, U 78216 PAGE 178 OF NUECES COUNTY MAP RECORDS. SAME BEING A T& (210) s -soap Y. {6ia)5¢s -Ire PORTION OF THAT CERTAIN TRACT CONVEYED TO VICKI RUTH MAS IM RqZh&"tk. IA®bw 7 Ia16 BONNER, BY DEEO RECORDED IN VOLUME 1978, PAGE 968 OF swy+parh --sk I — mcowwk 2612 THE DEED RECORDS OF NUECES COUNTY, TEXAS. DATE: 06 /28/12 DRAWN BY. MAV FILF- 101165- 50002/EXHIBIT-3.DWG FN N0. 101165 - 50002 -4 PROJECT No. R01 01 1 6 5- 50 002.97 Exhibit B - Page 1 0 LEGEND 0 o 0 0 1/2" IRON R013 FOUND O 1/2" IRON ROD SET co p 1 co . D >r► � a a a J (5 O 4 (V 0 a w 4 N 6 floss ACHES (3,854. sq.ft.) ASTEWATER ESM'T n > 1 I BLOCK 3 30 '25 "W 75.00 VALLEY VIEW SUBDIVISION, UNIT 2 2 VO 43, PG. 178 5 iL 0 of -i -�i Q° wv co 4 4 O SKETCH TO ACCOMPANY DESCRIPTION OF b B u y +P ilmers OF A 0.088 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS. BEING A PORTION OF LOT 1, BLOCK 3, OF VALLEY VIEW GALALL AA,, 2m lm 80.d, &a t 100 SUBDIVISION, UNIT 2, A SUBDIVISION OF RECORD IN VOLUME 43, 1b Ben 6n1°mo, U 78216 PAGE 178 OF NUECES COUNTY MAP RECORDS. SAME BEING A T& (210) s -soap Y. {6ia)5¢s -Ire PORTION OF THAT CERTAIN TRACT CONVEYED TO VICKI RUTH MAS IM RqZh&"tk. IA®bw 7 Ia16 BONNER, BY DEEO RECORDED IN VOLUME 1978, PAGE 968 OF swy+parh --sk I — mcowwk 2612 THE DEED RECORDS OF NUECES COUNTY, TEXAS. DATE: 06 /28/12 DRAWN BY. MAV FILF- 101165- 50002/EXHIBIT-3.DWG FN N0. 101165 - 50002 -4 PROJECT No. R01 01 1 6 5- 50 002.97 Exhibit B - Page 1 Decor 20130133866 Ir Pages S 01/31/2 9' Ah Official Records of HUECES COUNTY DIANA T. BARRERA COUNTY C LERK Fees $43.00 AFTER RECORDING RETURN TO: 0 1 Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Developmental Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 Any provision herein which restricts the Saleg Rental or use of the described REAL PROPERTY because of Racer Colors Relssioni Sexy Handicaps Familial Status or National Origin is invalid and unenforceable under FEDERAL LAWS 3/12/89. STATE OF TEXAS COUNTY OF HUEC=ES I hw_rebu certify that this instrument was FILED in file number sequence an the date and at the time stamped herein b�r mev and was dulg RECORDED in the Official Public Records of Nuaces Counts? Texas Diana T. Barpera