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HomeMy WebLinkAboutC2013-152 - 4/11/2013 - NADAR-. 2017501 S 5 7 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. TEMPORARY DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Brooke Tract, L.P. ( "Grantor "), whose address is 2013 E. Imperial Drive, Naples, Florida 34110, 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 Grantee, 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 for a temporary drainage easement out of Lot 29 and 30, Section 26, Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas attached and incorporated as "Exhibit A." See the map showing the location of the temporary drainage easement 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 owning and keeping temporary drainage facilities and for the purposes of maintaining, servicing, repairing and inspecting said drainage facilities under, on, and along said tract. The Grantor will construct a temporary drainage channel from the existing underground system in accordance with plans and specifications provided to and approved by the City's Director of Engineering Services, or designee (Director). When the surrounding property is platted, permanent underground storm drainage improvements will be constructed by the Grantor in accordance with the Unified Development Code. Until the permanent underground storm drainage improvements are constructed in this temporary drainage easement, as required of the Grantor in future platting, Grantor shall maintain said temporary drainage facility to ensure it provides offsite drainage to the existing City of Corpus Christi drainage ditch. 2013 -152 4111113 �f Brooke Tract L.P. INDEXED e 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, for the proper use as a temporary drainage easement, for so long as used for such purposes, and if the use of said temporary drainage easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. Executed in triplicate, each of which constitutes an original. GRANTOR(S) 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. Brooke Tract, L.P., a Texas Limited Partnership By: MSK Real Estate Corp., a Delaware corporation General Partner z Alton J. Sca ector THE STATE OF TEXAS § COUNTY OF NUECES § 4-10 —t3 Date This instrument was acknowledged before me on _ b , day of A c.� � , 2013, by Alton J. Scavo, Director of MSK Real Estate Corp., a Delaware corporation, General Partner of Brooke Tract, L.P., a Texas Limited Partnership, on behalf of the partnership. XAVIER GALVMI MY COMMISSION EXPIRES , Ferry 1, 2017 ry P4blrc, State W Texas GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: Daniel Bilds, P.E. Director of Engineering Services v /i//i 3 Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was ackno �a�.ed before me on �, day of , 2013, by m -BYles, P.Em rktor of Engineering Services, City of orpus Christi, a � Texas ho -rule municipal corporation, on behalf of said corporation. y,�Ml1 �IJSro GARZA III ze"F" ---' Notary Public, State of 6e as :`- MY COMMISSION EXPIRES FebMq 14, 2017 APPROVED AS TO LEGAL FORM: , 2013. dad-- Eliza th(Hundley I Assis , j A City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" — metes and bounds description Exhibits "B" — Field Notes Map AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 Job No. 16198.B1.07 U RBAN M =h 11.2013 Revised: April 8, 2013 ENGINEERING Exhibit A STATE OF TEXAS COT NNTY OF NT IF,C'.FS Fieldnotes for a 15.00 foot wide Temporary Drainage Easement over and across Lots 29 and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thm 43, Map Records of Nueces County, Texas and a 153.714 acre tract described in Warranty Deed dated February 14, 2006, executed by John C. Brooke, et al, to Brooke Tract, LP and recorded under Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas; said drainage easement being more fully rleccrihed as follows: Commencing at a 518 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the east boundary of Rodd Field Road, a public roadway, for the southwest comer of Lot 1, Block 1, Bay Area at Southlake, a map of which is recorded in Volume 67, Pages 690 -691, Map Records of Nueces County, Texas, for the northwest comer of Lot 1, Block 1, Zachary Kolda Elementary School Tract, a map of which is recorded in Volume 67, Pages 504 -505, Map Records ofNueces County, Texas; Thence, South 60 °49'40" East, along the south boundary of said Lot 1, Block 1, Bay Area at Southlake, same being the north boundary of said Lot 1, Block 1, Zachary Kolda Elementary School Tract, a distance of 187.19 feet to a 518 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for a comer of said Lot 1, Block 1, Bay Area at Southlake and for a comer of said Lot 1, Block 1, Zachary Kolda Elementary School Tract; Thence, South 19 0 13'06' East, along the west boundary of said Lot 1, Block 1, Bay Area at Southlake, same being the east boundary of said Lot 1, Block 1, Zachary Kolda Elementary School Tract, a distance of 898.34 feet to the southeast boundary of an existing 15.00 foot wide private drainage easement recorded in Document No. 2010042806, Official Records of Nueees County, Texas; Thence, North 70 0 46'54" East, along the southeast boundary of said existing 15.00 foot wide private drainage easement, a distance of 276.00 feet; Thence, South 19P13'06" East, a distance of 15.00 feet for the Point of Beginning and northwest comer of this easement; Thence, North 70 ° 46'54" East, parallel to the southeast boundary of said existing 15.00 foot wide private drainage easement and 15.00 feet distant there from measured at right angles thereto, a distance of 374.00 feet for the northeast comer of this easement; Thence, South 19 13'06" East, a distance of 15.00 feet for the southeast comer of this casement; Thence, South 70 °46'54" West, parallel to the southeast boundary of said existing 15.00 foot wide private drainage casement and 15.00 feet distant there from, measured at right angles thereto, a distance of 374.00 feet for the southwest comer of this casement; of land. Thence, North 19°13'06" West, a distance of 15.00 feet to the Point of Beginning and containing 0.13 Acres (5,610 square feet) Bearings based on the recorded plat of Lot 1, Block 1, Zachary Kolda Elementary School Tract, a map of which is recorded in Volume 67, Pages 504 -505, Map Records ofNueces County, Texas Unless this Field Notes Description, including preamble, seal and.sieatlm appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy.` IMOEtlNM.Y.NY�...f ��AN w .....�..u......... 471 0, r Dan L. Urban, R.P.L.S. �Sslaj.;�•, .1.icenge Nn_ 4710 r5 n g 1 6i 98 1B1071FN15 ' Tem pDE_iZftSWANTNER DR.. CORPUS CHRISTI,TEXAS 78404 FAX (361)19 4M)E www.urboner)g.com TBPE Firm #145 m F . a_ � CJ L � Q- O t aLLJ U C a a o L 'ate a 0 Ia O W 1 60' 1 U-) Lot 1, Block 1 Bay Area at Southlake Vol. 67, Pgs. 690 -691, Map Records of Nueces County, Texas 1 ir, Point of ACommencement 360 °49'40 'E 187.19' 15'U.E. �- \ 6 o. /0 \ \ ,N4'J G„ / �9r C, C �A P \ O +P a \ � J a�i \ O6 F \ 8 9� \ A' w in J r 1n N I I I I 11 , Lot 1, Block 1 Zachary Kolde Elementary School Tract Vol. 67, Pgs. 504 -505, Map Records of Nueces County, Texas �i L I I — — � 10'U.E. I - ----------- — -- —1 Slough Road — Exhihit B Ma to Accompany RELDN07ES for a 15.00 foot wide temporary drainage easement out of Lots 29 and 30, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas and a 153.714 Acre Tract described in Warranty Deed dated February 14, 2006, executed by John C. Brooke, et al, to Brooke Tract, LP and recorded under Clerks File No. 2006008362, Official Public Records of Nueces County, Texas I I� I � III + Lot 17, Section 26 Lot 18 Section 26 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces Coun y, Texas (owner. Brooke Tract, LP) Lot Brooke Tract, LP 153.714 Acre Tract Clerk's File No. 2006008362 15D.E. (Doc. No. 2012011607, O.R.N.C.T.) 15'Private D.E. (Doc. No. 2010042806, o.R.N.C.T.), Lot 30, Section 26 Point of Beginning � 4 I I N19'13'01 15.00' 51913'06" E (~15.00' 9 e� 5 O 4 p� P O' Lot 29 Section 26 300 200 100 0 200 400 NUAMLM LELAN GRAPHIC ZiYALt 1"=200 REVISED: ApNI 8, 2013 URBA DAM March S. 2013 ENGINEERING SCALE: 1 =200` is JOB NO.: 1619&B1.07 CORPUS CHRISTI, TEXAS SHEET: 1 of 1 Firm N& W 2725 Sxwk ff st, cu�pw aulsli nr DRAWN BY: RLG MaC 060 8W -3101 FM (,i6fJ 85f-6g71 02013 by Urban Engineering Doc ,2 — 3 -E � Pu�xs 6 �4/11/2013 3:06PM 0fficioI Records of HUECES COUNTY DIANA T. B'�8[8A CQUXTY CLERK Fees $35.00 An, nrnvision herein which restricts the Sole, Rentul or use oy the described REAL PKOPERTY becuuse m� Hoce, Color, Reliyion, Sex, Pc di cap , Fom CO Stus, or Notionol Ori�;ix is involid ond unen7orceobIe unkjer FEDERAL LAW, 3/12189. STAlE OF T�XAS CO UM, TY OF 0 S � hp,�by certifo thut this iostrument wos FILCD in file number sanuonce on the do�e and ot �he time stumved herein by me, and was duly RE{I'DRDED. !u the f icinl Pu h ic Records of Ronce� Of Couaty, Texos Diono T. Bmrrmrn � ~