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HomeMy WebLinkAboutC2013-101 - 3/5/2013 - NADEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION Oso Effluent Reuse Distribution System, Parcel 2A, 213, Proj #EIO106 UTILITY EASEMENT WITH TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: THAT, AN CORPUS CHRISTI CHEVROLET, L.P., a Texas limited partnership, whose address is 200 Southwest 1 Avenue, Fort Lauderdale, Florida, 33301, ( "GRANTOR ") in consideration of TEN DOLLARS ($10.00), paid by the CITY OF CORPUS CHRISTI, TEXAS, herein called ( "GRANTEE "), of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469 -9266, the receipt of which is hereby acknowledged, has granted, sold and conveyed and does hereby grant, sell and convey to Grantee, a Texas Home Rule municipal corporation, its successors and legal representatives, subject to the terms and provisions hereinafter stated, a non - exclusive utility easement and right to construct, reconstruct and maintain one (1) effluent refuse line, not to exceed sixteen inches (16 ") in diameter (hereinafter the "Facility ") in and 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 and incorporated as "Exhibit A" and "Exhibit B "( "Easement Premises "), and a map showing the location of the UTILITY EASEMENT TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT is attached and incorporated as "Exhibit C ". The Temporary Construction Easement is further described as a 30' wide tract of land adjacent to the Utility Easement. Said Temporary Construction Easement is to be used for working space during construction. This Temporary Construction Easement automatically terminates upon: i) 180 days from the start of construction on the Easement Premises, or ii) one year from the date of all parties signing this instrument, whichever occurs first. SPECIAL PROVISIONS: 1) Grantee agrees to restore the land within the Easement Premises and temporary construction easement area to the same or better condition as existed prior to construction. All construction is to be done in a prudent and workmanlike manner. Grantee will at all times after doing any work in connection with the construction, operation or repair of the Facilities, restore the surface of the Easement Premises as close to the condition in which it was found before such work was undertaken as is reasonably practicable 2) Grantor may use the Easement Premises for any and all purposes not inconsistent with the purposes set forth in this document. Grantor's uses may include but shall not be limited to using the Easement Premises for agricultural, open space, set -back, density, street and roadway purposes. ` -_ -' -° -*- --:"-A {- *gave across the Easement Premises and park vehicles on top of the Easement 2013 -101 3105101 lso construct and/or install water, sewer, gas, electric, cable TV, telephone V Page 1 of 4 a] AN Corpus Christi Chevrolet LP � 0"��D or other utility lines across the Easement Premises. The use of the Easement Premises by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement Premises. Grantor will notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. 3) To the extent allowed by Texas law, Grantee agrees to bear the expense of relocating the Facility and associated easements should it be ascertained by Grantee, through its review of development and utility plans, that Grantee's water line conflicts horizontally or vertically with Grantor's development or any easement held by the State of Texas. The easement and rights granted herein are expressly made subject to any and all existing easements, conditions, restrictions, liens, encumbrances, and other matters of record and affecting the Easement Premises. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to Grantee, and its successors for the use as a utility easement for an effluent refuse line for so long as used for such purpose, and if the use of said easement and right of way is ever abandoned for a period 0 (12) months or longer, then the aforesaid rights and privileges cease. GRANTOR AN CORPUS CHRISTI CHEVROLET, L.P., a Texas limited partnership I • BY : t�N Corpus 'sti , LLC, its General Partner QY: TITLE: Authorized Agent THE STATE OF FLORIDA § COUNTY OF (/ § 3 � This instrument was acknowledged before me on Lt —� , 20V by as _7qQWcj fin/ 7 of AN Corpus Christi GP, LLC, General Partner of AN Corpus Christi Chevrolet, L.P., on behalf of said Texas limited partnership. t` r A'W CHARLENE J. WILLIAMSON Notary Public - State of Florida yr' V. MY Gomm. Expires Apr 11. 21316 '•=�. ,' Commission Notary Public i d for the State of Florida ,+ ; EE 183746 lsed Through National Notary Assn. Page 2 of 4 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on �C , 20° GRANTEE CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Daniel Biles, P. , Director Department of Engin eying Services THE STATE OF TEXAS COUNTY OF NUECES 5 b , as - of the City of Corpus Christi; a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the S t of Texas [Seal] wi MY COMMISSION EXPIRES February 14, 2017 Page 3 of 4 APPROVED AS TO LEGAL FORM, THIS O & DAY OF P , 2013. FOR THE CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT JAGEMOso Effluent Reuse Distribution SystemlUE_CC Chev 2A 2B.doc Page 4 of 4 , , U RSA AuJob 'st. t 3 0, 2011 gus4, 241 1 La ENGINEERING Revised: October 19 2011 STATE OF TEXAS COUNTY OF WEf:I3S EASEMENT �. Fi fora 15.00 foot wide utility easement out of lots I and 2, Block 2, ' Woodlawn Estates Unit 3, a map of which is recorded in Volume 67, Pages 500 thru 501, Map Records of Nucces County; said utility easement being more fully described as follows: Commencing at a 518" iron rod with'plastic cap found at the intersection of the common boundary of said Lot 2, Block 2 and Meadowlane Addition Unit 1, a map of which is recorded in Volume 27, Page 22, Map Records ofNueces County, Texas with the existing southwest boundary of McArdiy.ltoad, apublic roadway, for the north comer of said Meadowlanc Addition Unit 1, for the east corner of said Lot 2, Bllock 2 and from whin Point of Beginning aNational Geodetic Survey monument stamped "SQ -090" bears South 42 0 4$'16" West 10,670.77 feet and another National Geodetic Survey monument stamped "SR -09V bears South 29°21'34" West 18,546.76 feet; Thence, South 28°34'26" West, with the common bounduy of said Lot 2, Block 2, and said Mcadowlane Addition Unit 1, a distance of 821.00 feet to a point on the common boundary of said Lot Z Block 2 and Lot 10, Block 1, said Meadowlane Addition, stone being the south corner of an existing public Fight -of -way as shown on the plat of said Woodlawn Estates Unit 3, for the Point of Beginning and for the east corner of this easement (no monumoutatiov found or set); Tbeai e, South 28°3426" West, continuing along the with the common boundary of said Lot 2, Block 2 and said Meadowlane Addition Unit 1, same being the southeast boundary of this easeme W at 39.00 feet pass the common boundary of said Lots 1 and % Block 2, Woodlawn Estates Unit 3, at 89.00 f h pass the west corner of said Meadowlane Addition Unit 1 and the north corner of i,irt 1% Block 1, Meadowlerte Addition Unit 1, a map of which is recorded In Volume 61, Page 74, Map Records of Nueces County, 'Texas and continuing South 28°3426" West, with the common boundary of said Lot 1, Block 2 and said Lot 1% Bloch 1, Meadowlane Addition Unit 1, same being the southeast boundary of this casement, at 374,82 feet pass a found 518 inch iron rod, in all a total dislanec of 375.43 %ctto the northeast boundary of South Padre Island Drive, for the west corner of said 1.ot 1B, for the south corner (no monumentation found or set) of said Lot 1, Block 2, sad for the south comer of this easement; Thence, locals 65 °58'07" West, with the northeast boundary of said South Padre Island Drive, same being the southwest boundary Of said Lot 1, Block Z adistarm of 15.05 feet for the west corner (no monumeu talon found or set) ofthis easement; Thence, North 28 0 3416" East, with The northwest boundary ofthis casement, parallel with the aforementioned comm boundary of said Lots 1 and 2, Block 2 with Meadowlane Addition Unit 1 and 15.01} feet distant there from measured at right angles t am*, a distance of 376.62 feet to a point on an existing public right -of -way as shown on the plat of said Woodlawn Estates Unit 3, for the north comer (no monumentation found or sct)'of this casement; Thence, South 61 East, with the southwest boundary of said existing public light-of-way, same being'the northcaat boundary of this easement, a distance of 15.00 feet to the point of Beginning and containing 5,640.36 sgsrarc feet (0.129 cruxes) of land. Description prepared from previous surveys and a current on the ground survey. No momamaentation was found or set at corners unless otherwise noted. Bearings based on OPS bearings, NAD83, Texas South Zane. Natiaaal Geodetic Survey monar mts "SQ.090u (North coordinate = 17,137,240-0980 East coordinate =1, 350, 222. 1730) and "SR -090" (North coordinate = 17,128,904.3860 E coordinate = 1,348,379.6700) were used as control points for establishing basis ofbearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83). Uniess this iiftwtes description, including preamble, kal and signature, appears in its entirety, in its original f mu, surveyor assumes no responsibility fo its accuracy. -.0-1%- URBAN ENGiINEERTi30 juam J. Saiazar, RP.L.S. License No. 4909 ❑ tlrhanfsAlldataFlSuavcyiag1378991Bflll llli�'37899P Parcel 2A (361)854 -3101 2725 SINANTNER DR, + CORPUS CHRIM, TEXAS 78404 www. uFbanong.corn TBPE Firm # 145 Paige 1 oft FAX (36))854 -6001 "EXHIBIT A" uRSaw ENGINEERING STATE OF TEXAS COUNTY OF NUECES EASEMENT B Job No. 37899.5001 August 3 0, 2011 Revised: October 19, 2011 Revised: January 23, 2012 Revised: January 26, 2012 Revised: February 2, 2012 Revised: October 4, 2012 Fieldnotes for a 15.00 foot wide utility easement out of Lot 2, Block 2, Woodlawn Estates Unit 3, a map of which is recorded in Volume 67, Pages 500 thru 501, Map Records ofNueces County; said utility easement being more fully described as follows; Commencing at a 518" iron rod with plastic cap found at the intersection of the common boundary of said Lot 2, Block 2 and Meadowlane Addition Unit 1, a map of which is recorded in Volume 27, Page 22, Map Records of Nueces County, Texas with the existing southwest boundary of McArdle Road, a public roadway, for the north comer of said Meadowlane Addition Unit 1, for the east corner of said Lot 2, $lock 2 and from a National Geodetic Survey monument stamped "SQ -090" bears South 42'48'16" West 10,670.77 feet and another National Geodetic Survey monument stamped "SR -090" bears South 29°21'34" West 18,546.76 feet; 'thence, North 61 West, with the southwest boundary of said McArdle Road and the northeast boundary of said Lot 2, a distance of 0.42 feet for the Point of Beginning and for the east corner (no monumentation found or set) of this easement; Thence, South 40 West, with the southeast boundary of this easement, a distance of 69.12 feet for a corner (no monumentation found or set) of this easement; Thence, South 28 0 34'26" West, with the southeast boundary of this easement, parallel with the common boundary of said Lot 2, Block 2, and said Meadowlane Addition Unit 1 and 14.50 feet distant there 6 measures at right angles thereto,; distance of 349.62 feet for a corner (no monumentation found or set) of this easement and for the beginning of a circular curve to the left whose radius point bears South 61 °25'34" East, a distance of 433.37 feet and having a radius of 433.37 feet, a tangent length of 39.13 feet and an are length of 78.04 feet; Thence along said circular curve to the left, an arc length of 78.04 feet for a corner (no monumentation found or set) of this easement and for the beginning of a reverse curve to the right whose radius point bears North 71 °44'37" West, a distance of 463.37 feet and having a radius of 463.37 feet, a tangent length of 41.83 feet and an arc length of 83.44 feet; Thence along said reverse curve to the right, an arc length of 83.44 feet to the common boundary of said Lot 2, Block 2, and said Meadowlane Addition Unit 1, for the point of tangency and for a comer (no monumentation found or set) of this easement; Thence, South 28 0 34 1 26" West, continuing with the southeast boundary of this easement, same being the common boundary of said Lot 2, Block 2 and Block 2, said Meadowlane Addition, a distance of 131.10 feet for a corner of said Lot 2, same being the east comer of an existing public right -of -way as shown on the plat of said Woodlawn Estates Unit 3 and for the south comer of this easement (no monumentation found or set); Thence, North 61 West, with the northeast boundary of said existing public right -of -way, same being the southwest boundary of this easement, a distance of 15.00 feet for the west comer (no monumentation found or set) of this easement; 11 UrbanfsO 1B0UI1FN37899B00t -UE -2 -B.dac Parcel 26 Page t oft (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001 www.urboneng.com TBPE Firm #145 Exhibit B Job No. 378993001 August 30, 2011 Revised: October 19, 201 Revised: January 23, 2012 Revised: January 26, 2012 Revised: February 2, 2012 Revised: October 4, 2012 Easement B Thence, North 28 0 34'26" East, with the northwest boundary of this easement, parallel with the aforementioned common boundary of said Lot 2, Block 2 and Meadowlane Addition Unit 1 and 15.00 feet distant there from, measured at right angles thereto, a distance of 13 1. 10 feet for a corner (no monumentation found or set) of this easement and for the beginning of a circular curve to the left whose radius point bears North 6l °25'34" West, a distance of 448.37 feet and having a radius of 448.37 feet, a tangent length of 40.48 feet and an arc length of 80.74 feet; Thence along said circular curve to the left, an arc length of 80.74 feet for a corner (no monumentation found or set) of this easement and for the beginning of a reverse curve to the right whose radius point bears South 71 °44'37" East, a distance of 448.37 feet and having a radius of 448.37 feet, a tangent length of 40.48 feet and an arc length of 80.74 feet; Thence along said reverse curve to the right, an arc length of 80.74 feet for the point of tangency; Thence, North 28 0 34'26" East, with the northwest boundary of this easement, parallel with the common boundary of said Lot 2, Block 2, and said Meadowlane Addition Unit 1 and 29.50 feet distant there from, measures at right angles thereto, a distance of 351.16 feet for a corner (no monumentation found or set) of this easement; Thence, North 40 East, continuing with the northwest boundary of this easement, a distance of 67.55 feet to the aforementioned southwest boundary of McArdle Road for the north corner (no monumentation found or set) of this easement; "thence, South 61 East, with the southwest boundary of said McArdle Road, same being the northeast boundary of said Lot 2, Block 2, and of this easement, a distance of 15.32 feet to the Point of Beginning and containing 10,669.33 square feet (0.245 acres) of land. Description prepared from previous surveys and a current on the ground survey. No monumentation was found or set at corners unless otherwise noted. Bearings based on GPS bearings, NAD83, Texas South .Zone. National Geodetic Survey monuments "SQ -090" (North coordinate = 17,137,240.0980 East coordinate = 1,350,222.1730) and "SR- 090" (North coordinate = 17,128,904.3860 East coordinate � 1,348,379.6700) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83). Unless this fieldnotes description, including; preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERIN Dan L. Urban, R.P.L.S. License No. 4710 1 ltkbanfs0 2 1Datal Surveying \37899\Boo11FN37899BOQl -UE -2 - B.doc Page 2 of S Lot 1, Block 2 m Woodlawn Estates Unit 3 c o y rVol. 67, Pgs. 500 -501, Mo Records of Nueces a o t l County Texas ° 30' Wide Temporary 3 mMl a Construction Easement (11,334.35 Sq.Ft.) ° I N28'34'26 *379.{)1' Y 0 30' Wide Temporary Construction Easement (21,337.80 Sq.Ft.) w 3 g 0 8 N r tp � tp � b3 Z 28 13 r Public ' ` 6 1 R.O.W. I 1 Radius Point Bears Lot 2, Block 2 c N61'25'34 "W 448.37' Woodiawn Estates Unit 3 Vol. 67, Pga. 500 -501, Map Records of Nueces County, Texas, W E M Radius Point Bears S42'48'16'W 10,670.77' to ry 0 0 N71 "W 463.37' NGS Station "SO 090 v` fl E C6 — — — — — N28'34 76 354.25'— _ — C5 — _ —� �"� o � '� W+ � 1 ` y r Z .� — �� ��10 U.E /ill, . 5 ?11 Radius Point Bears m 1 S71'44'3 4 Q ? — ! Pq[nt—Q �i Cn2 j "—Easement A I E N 11 I I I CL M G Cl 10 433.37 .39.13' � '•' U4 I g Ego -j TO'19 463.37 41.83' a �zv"'I JCL 10 448.37 Ito y _.H a •• ®, o f>on�a m � II h- W et` z 8 °�Cqo I 448.37' 40.48 I o a o �v " 1019'03" a>�� 37.77 75.34 I� J� >6 II 11 43.19' 86.14' 2 I � p O I I 1Q fL ` N I I CURVE. DELTA ANGLE RADIUS TANGENT ARC LENGTH Cl 10 433.37 .39.13' 69.12' 78.04' C2 TO'19 463.37 41.83' 83.44' C3. 10 448.37 40.48 $0.,74 C4 10'19'03 448.37' 40.48 80,74 C5 1019'03" 418.37 37.77 75.34 C6 7 10'19 03 478.37 43.19' 86.14' poorinp ♦rased on WS beorb*% NAM Tewoe SwW Zone. NCO" Cewdetic 9urwy marrtenwto Sa –OBa" (Math coardMrats 17.137,2 0dfA0 Fawt aoordhrwte 1,360,222. 1730) nod `9R-0 0" (North coordinate t7.12),9a4.3666 Ecw►,000rdnate a 1.316,370.6700) were used at oantrcl p" for eo Ishiny bob of bewtnq. ewrdhatee shown am bawd an Tom State Plans CoordMots Syete n, South Zane (NAM) p N W3 N — Aswan bri LINE I BEARING DISTANCE L1 I N61'25'34"W 0.42' L2 I S40 19 - W 69.12' L3 N40' 19' 14 'E 67.55' 150 100 50 0 100 200 RevlMd 10 -4--1 Rwleef>>: 2_- -1 Graphic Scale R � 11 -2 11 1"=1 00 RwAsed 10- -20-11 — --j— — --1 -°- — -t S29'21'34"W 18,546.76' to- NGS Station "SR -090' Fd 0 l_..� t 9 1 Unit 1 Vol. 27, Pg. 22, Map T e a. e Easwnenl A: 1500 foot wide uW sosemen out of LOU 1 end 2, slack 2. Woodlawrt Estates Unit 3, a mop of whkh Fa ism In Vofame 67. Pa/w 500 thru 601, MW RemVe of Nusae County, fame. £aeemart Rt 15.00 loot wide utlRy sown nl out of tot 2, So* 2. Woodlarm Estates UeR 3, 0 mr4 d whlel+ L hoarded in Vakwne 67, Page* Safi thm 301, Nap Reoarde of 1W County, Taws. _ - . -- -- -- BA L3 I t!821.00'7 m C 1 0J � 0 W � 1 C N o 8 E f>a 2 p O DAIS: 8-30-11 SCALE 1'100' JOB N0. 37899.80.01 PAGE NM: 1. O 1 1� X to i PQ19ra5 03 /05/2 013 2:15PM Official Records of NUECES COUNTY DIANA T. SARRERA COUNT" Y CLERK Fees $4•7.00 Anv Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Rake, Color► Reli s i o n, Sex, Handicap, Fami lial Status, or National Orisin is invalid and unenforceable under FEDERAL LAWY 3/12/89. STATE OF TEXAS C OUNTY OF i I herev� certifg that this instrument was FILED in file number Sequence on the date and at the time stamped herein bs me, and was dull RECORDED in the O f f i c i a l Public Records of Nueces Countj, Texas Diane T. Earrere After recording, return to: City of corpus Christi C'� Property & Land Acquisition Division L P.O. Sox 9277 Corpus Christi, Texas 78469 -9277