The URL can be used to link to this page

Home My WebLink AboutC2013-090 - 1/14/2013 - NANOTICE 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 James O. Fortner and Dottie M. Fortner, husband and wife ( "Grantor "), whose address is 4860 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 0.081 acre wastewater easement ( "Easement Area ") out of Lot 2, 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 fines 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 2013 -090 1114113 James O. Fortner and Dottie M. EXED Fortner INDE hereby agrees to repair or cause the repair of (at no cost to Grantor) any damage to the 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 11 .4k day of �}er,bt- , 2012_ GRANTOR: — "�; '-O'k ZZ , -Z L--. JOWES O. FORTNER THE STATE OF TEXAS § COUNTY OF NUECES § n-kL�- rM DOTTIE M. FORTNER This instrument was acknowledged before me on this day f a aIXL— 2012, by James O. Fortner. yf j~ "r PETRA C. PRFJEAN MY COMMISSION EXPIRES „ fik,� March 76, X15 THE STATE OF TEXAS § COUNTY OF NUEOES § Notary Public, State of My Commission expire This instrument was acknowledged before me on this 2012, by Dottie M. Fortner. day of L i PETRA C. PREJEAN _`= = MY COMMISSION EXPIRES ` Mamh 16, 2015 Not ry Public, State of Texas My Commission expires: V, GRANTEE ACCEPTED for the CITY Corporation and body politi c v , 2 C�3 OF CORPUS CHRISTI, a Texas Home -Rule Municipal :� under the laws of the State of Texas, this -14* day of Daniel Biles, P.E. Director of Engineering Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the lL0 day of �ywd , 2o 2,01 by Daniel Biles, P.E.,Director of Engineering Services of the City of Corpu Christi, Texas, a Texas Home -Rule Municipal Corporation, on behalf of said Municipal Corporation. „ Notar�PublicStaAeof Texas MAfi11iA Slum q'llkF�Z * *= MY COMMISSION EXPIRES �= Augu94,203 My Commission expires: a bl J" APPROVED AS TO LEGAL FORM this day of �� 2012. y For: Carlos Valdez, City Attorney By: '�� =r g Elizabeth kuhidley 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 P P Bury+Partners 0.081 ACRES FN NO. 101165- 50002 -5 (3,535 Sq. Ft.) JUNE 28, 2012 WW -LINE ESMT- EXHIBIT -4.DWG JOB NO. R0101165- 50002.97 FIELD NOTE DESCRIPTION (WASTEWATER EASEMENT) OF A 0.081 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, 'TEXAS, BEING A PORTION OF LOT 2, 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; SAID 0.081 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 POINT LOCATED IN THE EASTERLY RIGHT -OF -WAY LINE OF F.M. 1889 (120' R.O.W.), BEING THE NORTHWESTERLY CORNER OF SAID LOT 2, BLOCK 3, AND THE NORTHEASTERLY CORNER OF PARCEL 102, DESCRIBED IN DOCUMENT NO. 2003044704 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 80 30' 25" E, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1, BLOCK 3, AND SAID LOT 2, 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 2, BLOCK 3, A DISTANCE OF 235.72 FEET TO A POINT LOCATED IN THE NORTHERLY LINE OF LOT 3, BLOCK 3 OF SAID VALLEY VIEW SUBDIVISION, UNIT 2, FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; THENCE, N 80 28' 04" W, .ALONG THE COMMON BOUNDARY LINE OF SAID LOT 2, BLOCK 3, AND SAID LOT 3, 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 THE EASTERLY RIGHT --OF --WAY LINE OF F.M. 1889, A DISTANCE OF 235.71 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.081 ACRES (3,535 SQ_ FT.) OF LAND, MORE OR LESS. Note: Sketch of even date to accompany this Legal Description. Exhibit A — Page 1 HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY +PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525 -9090 C+1 •.A...r. «k.�Fe+s.lw. HAL S. LANE ttl :.a 4690 a.... Exhibit A — Page 2 EXHIBIT B 0 50 100 150 200. 1 " =100' C01 RIP LEGEND • 1 /2'IRON ROD FOUND CLOUDCROI'T LAND cv VENT JNC. DOC. #200709 8239 FM 624 a LOT 4, BLOCK 2, NUECES slcN o RIVER 1RRJCATION PARK SUBDIVISION VOL. A, PG. 54 4 A I VALLEY V1 W SUBDJVISJON, NIT 2 VOL, 3 pa 178 JO'25 ", 15.O Or D 1/2' RON ROD SET 0 t CD -� N2 b� &A Me 106 CD O CALALLEN, San Antmly, 1S 78ZW TEXAS, BEING A PORTION OF LOT 2, BLOCK 3, OF VALLEY VIEW SUBDIV151CN, UNIT 2, A SUBDIVISION Tms TrI (016)=s -M PA: (210 ¢S-N29 Im ledstmom r®6ar P - IWA OF RECORD IN VOLUME Q, PAGE 178 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. al n (3,535 sq.ft.) C5 (WASTEWATER ES& O o J 2 M Cr) q � 4 I d- N8o 28 0 4 "W g 15-00' 0 U o 3 4 BLOCK 3 4 O l Cam 111 4 P B ury +Partn.ers ", %,n ' w mA%�% {Ylr'AIY r trtVounir i wn Ur N2 b� &A Me 106 OF A 0.081 ACRE TRACT OF LAND I,OCATEI) IN NUECES COUNTY, CALALLEN, San Antmly, 1S 78ZW TEXAS, BEING A PORTION OF LOT 2, BLOCK 3, OF VALLEY VIEW SUBDIV151CN, UNIT 2, A SUBDIVISION Tms TrI (016)=s -M PA: (210 ¢S-N29 Im ledstmom r®6ar P - IWA OF RECORD IN VOLUME Q, PAGE 178 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. Bnq +Pstaw — % he amwri& 2012 DATE: 06/28/12 1 DRAWN BY. MAV FILE: 1 011 6 5- 5 0 002/EXHIBIT -4.DWG FN N0. 101165-50002-5 PROJECT No. ROtO1165- 50002.97 Exhibit B - Page 1 Doc 2013003865 Rases 8 01/31/2013 ?:20AM Official Records of NUECES COUNTY DIANA T. SARRERA COUNTY CLERK Fees $43. AFTER RECORDING RETURN TO: Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Developmental Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 Ant provision herein which restricts the Salei Rental or use of the described REAL P ROPERTY because of Racep Color? Relisionf Sexy Handicapi Familial Statusr or National Origin is invalid and unenforceable ;ender FEDERAL LAWY 3/12189. STATE OF TEXAS COUNTY - OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein bg mep and was dull RECORDED in the Official Public Records of Nueces CountHy Texas Diana T. Snrrera T ��P