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
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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
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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
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a J
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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