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Home My WebLink AboutC2013-091 - 1/14/2013 - NAI 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 Cynthia A. Duge, an individual ( "Grantor "), whose address is 4845 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 0.047 acre wastewater easement ( "Easement Area ") out of Lot 2, Block 1, 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 wafter 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 -091 1114113 Cynthia A. Duge INDEXED 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 r p�ure ses of thi easement. EXECUTED THIS THE o� ` * day of 2012. GRANTOR: THE STATE OF TEXAS § COUNTY OF NUECES § h This instrument was acknowledged before me on this � � day of o v IYl " r 2012, by Cynthia A. Duge. CATHY WORBELL _ ...... Notary Public .' STATE OF TEXAS � "`s' i QFSE ±Py My COMM- Exp- 01.25.2014 Notary P60 S te Texas My Commission expires: 61 �q 0i 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 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 "day of &W , _204-2 by 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. APPROVED AS TO LEGAL FORM this b +'I- day of Of 2012. For: Carlos Valdez, City Attorney By: - Elizabeth HLWley Assistant City Attorney A FTER RECORDING RETURN TO: Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Development Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 otary Public, State of Texas ,,,,.. ' f ` S= MARTHA 51lMAQUlROZ My Commission expires: ' q Y = MY COMMISSION EXPIRES . n August 4, 2013 APPROVED AS TO LEGAL FORM this b +'I- day of Of 2012. For: Carlos Valdez, City Attorney By: - Elizabeth HLWley Assistant City Attorney A FTER 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 0.047 ACRES FN NO. 101155- 50002 -7 (2,084 Sq. Ft.) JUNE 28, 2012 WW -LINE ESMT- EXHIBIT -6.DWG JOB NO_ R0101165- 50002.97 FIELD NOTE DESCRIPTION (WASTEWATER EASEMENT) OF A 0.047 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK 1, OF VALLEY VIEW SUBDIVISION, UNIT 1, A SUBDIVISION OF RECORD IN VOLUME 43, PAGE 6 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN TRACT CONVEYED TO WILLIAM 0. DARST, BY DEED RECORDED IN VOLUME1642, PAGE 669 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; SAID 0.047 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 AT THE INTERSECTION OF THE EASTERLY RIGHT —OF- -WAY LINE OF F.M. 1889 (120' R.0-W.), WITH THE SOUTHERLY RIGHT --OF —WAY LINE OF COUNTY ROAD NO. 52 —B, (60' R.O.W.), BEING THE NORTHWESTERLY CORNER OF SAID LOT 2, BLOCK 1, AND THE NORTHEASTERLY CORNER OF PARCEL 100, DESCRIBED IN DOCUMENT NO. 2001050672 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 84 32' 16" E, ALONG THE SOUTHERLY RIGHT —OF —WAY LINE OF COUNTY ROAD NO. 52--B, (60' R_O.W.), 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 2, BLOCK 1, A DISTANCE OF 139.53 FEET TO A POINT, FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED EASEMENT; THENCE, N 80 28 04" W, CROSSING SAID LOT 2, BLOCK 1, A DISTANCE OF 15.00 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„ F.M. 1889, A DISTANCE CONTAINING AN AREA OF OR LESS. E, ALONG THE EASTERLY OF 138.47 FEET TO THE 0.047 ACRES (2,084 SQ RIGHT —OF—WAY LINE OF POINT OF BEGINNING, FT.) OF LAND, MORE Exhibit A - Page 1 Note: Sketch of even date to accompany this Legal Description. �+-- � OF HAL B. LANE III ,�Q;•�G1SZL� REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 ..HA B. LA IE'11 BURY +PARTNERS, INC. 4690 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78215 S __ 210/525 -9090 Exhibit A — Page 2 EXHIBIT B 0 50 100 150 200 1"=100' LEGEND • 1/2' IRON ROD FOUND O 1/2" IRON ROD SET LIFT STATION P 0 Bury +Partners n c TEXAS, BEING A PORTION OF LOT 2, BLOCK 1. OF VALLEY VIEW Cb V , O r PAGE 6 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME 4 Y T& (aaoysz, NO ft 1210)62M 5 -B C ,. • O O v Bm7 +P.%er&'S. mamCgyeol 2012 0 2 Q TmLE. loll 65- 500 0 2/EWBIT-6.DWG FN NO. 1011(55-50(302-7 0 B LOCK 3 Y -- 3 V ALLEY VIEW SUBDIVISION, UNIT 2 VOL. 43, PG. 78 58 is ors " � 0 0I�NTY ROAD N0.52 -13 (60' P.O.W.) l O.a47 A (2,084 sq.ft.) jzo WASTEWATER ESM' ii 10) , i� ~ N80 -28 W 15.00' LOT 2, BLOCK 1 1/ALLEY VIEM SUBDIVISION, UNIT ONE VOL. 43, PG. 6 e O V 3e en Q O to co a�nG � �n � v �wawmrne� a arG.�ain�r � w�� 0 Bury +Partners n TEXAS, BEING A PORTION OF LOT 2, BLOCK 1. OF VALLEY VIEW 0 IBM ire. S-Rte Ian SUBDIVISION. UNIT 1, A SUBDIVISION OF RECORD IN VOLUME 43 0 PAGE 6 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME 0 T& (aaoysz, NO ft 1210)62M 5 -B A PORTION OF THAT CERTAIN TRACT CONVEYED TO WILLIAM 0. U DARST, BY DEED RECORDED IN VOLUME1642, PAGE 669 OF THE DEED Bm7 +P.%er&'S. mamCgyeol 2012 Q 2 N TmLE. loll 65- 500 0 2/EWBIT-6.DWG FN NO. 1011(55-50(302-7 O U Q B LOCK 3 Y -- 3 V ALLEY VIEW SUBDIVISION, UNIT 2 VOL. 43, PG. 78 58 is ors " � 0 0I�NTY ROAD N0.52 -13 (60' P.O.W.) l O.a47 A (2,084 sq.ft.) jzo WASTEWATER ESM' ii 10) , i� ~ N80 -28 W 15.00' LOT 2, BLOCK 1 1/ALLEY VIEM SUBDIVISION, UNIT ONE VOL. 43, PG. 6 e O V 3e en Q O to co Exhibit B — Page 1 a�nG � �n � v �wawmrne� a arG.�ain�r � w�� Bury +Partners OF A 0.047 ACRE TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK 1. OF VALLEY VIEW CALALI! EN, IBM ire. S-Rte Ian SUBDIVISION. UNIT 1, A SUBDIVISION OF RECORD IN VOLUME 43 sm Autp� 1z me PAGE 6 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAME TEXAS T& (aaoysz, NO ft 1210)62M 5 -B A PORTION OF THAT CERTAIN TRACT CONVEYED TO WILLIAM 0. T= n lkmb6 F DARST, BY DEED RECORDED IN VOLUME1642, PAGE 669 OF THE DEED Bm7 +P.%er&'S. mamCgyeol 2012 RECORDS OF NUECES COUNTY, TEXAS. DATE: O6 /28/12 I DRAWN BY: MAV TmLE. loll 65- 500 0 2/EWBIT-6.DWG FN NO. 1011(55-50(302-7 PROJECT N.. R0101165- 50002.97 Exhibit B — Page 1 Docav 2013003864 4, F'ases 01/31/2013 9:20API Official Records of NUECES COUNTY DIANA T. SARRERA COUNTY CLERK Fees $43.00 Uj AFTER RECORDING RETURN TO: Ms. Sylvia Carrillo, CPM, CFM Assistant Director of Developmental Services Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 Ans Provision herein which restricts the Sales Rental or use of the described REAL PROPERTY because of Races Colors Religions Sexy Handicaps Familial Statuss or Hational origin is invalid and unenforceable under FEDERAL LAW? 3/12/ 2-9 STATE OF' TEXAS COUNTY OF NUECES I herebu certifs that this instrument was FILED in file number sequence on the date and at the time stamped herein b!j mes and was duly RECORDED in the Official Public Records of Fiueces Countu: Texas Dia T. Sarrera