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HomeMy WebLinkAboutC2013-089 - 1/14/2013 - NADqz)s= 2013003867 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 Esther Lopez, an individual ( "Grantor"), whose address is 4858 FM 1889, Robstown, Texas 78380, County of Nueces, State of Texas, for and in consideration of the sum of One and no1100 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 0.076 acre wastewater easement ( "Easement Area ") out of Lot 3, 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 -089 1114113 Esther Lopez IND 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 Vrt day of NbV • f , 2012. GRANTOR: ESTHER LOPEZ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2012, by Esther Lopez. MARIA JANIE RAMOS t $ Notary Public STATE of TEXAS Of My Comm. Exp. 07 -31 -1B otary Public, Vate of Texas My Commission expires: I - 1 GRANTEE ACCEPTED for the CITY OF CORPUS CHRISTI, a Texas Home -Rule ,I�lunicipal Corporation and body politic under the laws of the State of Texas, this �L, day of M *D13 Daniel Iles, P.E. Director of Engineering Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the 10.E day of V , �2, by Daniel Biles, P.E.,Director of Engineering Services of the City of Corp Christi, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said Municipal Corporation. t otaePublic, tate of Texas MARTHA SILVIA QWROZ MY COMMISSION EXPIRES My Commission expires: AUV$1 4,2013 APPROVED AS TO LEGAL FORM this 6� day of ) 2012. For: Carlos Valdez, City Attorney By: �;y Elizabeth Hu ley Assistant City Attorney AFTER 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 �J Bury +Partners 0.076 ACRES (3,332 Sq. Ft.) WW —LINE ESMT— EXHIBIT -5.DWG FN NO. 101165- 50002 -6 JUNE 28, 2012 JOB NO. R0101165 -- 50002.97 FIELD NOTE DESCRIPTION (WASTEWATER EASEMENT) OF A 0.076 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 3, 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 ESTHER LOPEZ, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 903733 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS; SAID 0.075 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BEING REFERENCED TO THE NORTH AMERICAN DATUM 1.983, TEXAS COORDINATE SYSTEM, SOUTH ZONE; DISTANCES MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED SCALE FACTOR OF 1.0000400: BEGINNING, AT A POINT, LOCATED IN THE EASTERLY RIGHT —OF —WAY LINE OF F.M. 1889 (120' R.O.W.), BEING THE NORTHWESTERLY CORNER OF SAID LOT 3, BLOCK 3, AND THE NORTHEASTERLY CORNER OF PARCEL 101, DESCRIBED IN DOCUMENT NO. 2000033634 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 80 28' 04" E, ALONG THE COMMON BOUNDARY LINE OF LOT 2, BLOCK 2, OF SAID VALLEY VIEW SUBDIVISION, AND SAID LOT 3, BLOCK 3, A DISTANCE OF 15.00 FEET TO A POINT FOR THE NORTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; THENCE, S 09 31' 56" W, CROSSING SAID LOT 3, BLOCK 3, A DISTANCE OF 221.64 FEET TO A POINT LOCATED IN THE NORTHERLY RIGHT —OF —WAY LINE OF COUNTY ROAD NO. 52 —B, (60'R.O.W.), FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; THENCE, N 84 32' 16" W, ALONG THE NORTHERLY RIGHT —OF —WAY LINE OF COUNTY ROAD NO. 52 —B, (60'R.O.W.), A DISTANCE OF 15.04 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 THE EASTERLY RIGHT —OF —WAY LINE OF F.M. 1889, A DISTANCE OF 222.71 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.076 ACRES (3,332 SQ. FT.) OF LAND, MORE OR LESS. Exhibit A — Wage 1 Note: Sketch of even date to accompany this Legal Description. � 9 z HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 ..N * +!.....• .,.... l+. HAL B. LAND' f tl BURY+PARTNERS, INC. .. .�'.• 922 ISOM ROAD, SUITE 100 . ti �.• SAN ANTONIO, TEXAS 78216NSU� 210/525 -9090 Exhibit A — Page 2 EXHIBIT B 0 50 100 150 200 1"=100' N 0 CONCRI RIP —RE IL 0) S80 .28'04' a co O l !� p J LEGEND � • 1 /2'IRON ROD FOUND O 1/2" IRON ROD SET f I� LOT 4, BUCK 2, NUECES RIVE =R IRRIGATION PARK a SUBDIVISION VOL. A, PG. 54 L BLO 3 Exhibit B - Page 4 U Q 2 N 0 cl) 5 IL S80 .28'04' a 0 O l J o 0A78 ACRES cl� C (3,332 sq.ft.) g (0 WASTEWAT.ER ESM'T �7 F ro L o i 3 cr) _ 4 VALLEY IEW SUBDIVISION, W UNIT 2 Q VOL, 43, m 17's Ns4•,3z'1s"W COUNTY R O AD AD N0. - $ LIFT STATI N ( R.O. W.) SKE'T'CH TO ACCOMPAMY DE RIPON OF Bury +Partners OF A 0.075 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, na 1mm R-1. S.R« IUD SUBDIVISION. UNIT 2 A SUBDIVISION OF RECORD IN V VOLUME 43, w1 GAL&LE■., Sin kando, v ma PAGE 178 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME TE S 12105M - sostn F (210)5% 73M M R - F - 1018 BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO ESTHER LOPEZ, BY DEED RECORDED IN COUNTY CLERKS FILE NO. 803733 OF zm+Aut " sk 1a cc pgk1 ama THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. OATS: 08/26/12 DRAWN BY MAV F1LE:101165- 50002 /EXHIBIT -S.QWG FN Na 101165-.90002-6 PROJECT No. 110101165-50002-97 Exhibit B - Page 4 Pages B 01/31/2013 9 :2001 Official Records of NUECES+ COUNTY DIANA T. BARREf~A COUNTY CLERK Fries $43.00 AFTER RECORDING RETURN TO: Alf Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Developmental Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 A" Provision herein which restricts the Sale? Rental or use of the described REAIL PROPERTY because of Racey Colorq Relisionr Sexp Handi app Familial Ssatusg or National Origin is invalid and unenforceable Linder FEDERAL LAW? 3/12185 STATE OF TE AS COUNTY uF €4UE.CES I hereby certify that this instrument was FILED in file number segience on the date and at the time stamped herein bs met and was dulij RECORDED in the Official Public Records of Hueces Count i F Texas Diana Tr Barrera I ,� 7 ,0 -zj