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HomeMy WebLinkAboutC2013-154 - 4/11/2013 - 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. TEMPORARY RIGHT -OF -WAY 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 (2) Temporary Rights-of-way out of Lot 29, Section 26, Flour Bluff and Encinal Farm and 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" and "Exhibit C" See the maps showing the location of the Temporary Rights -of -way attached and incorporated as "Exhibit B" and "Exhibit D ". 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 in, over, under, on 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.) 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 temporary right -of -way 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. Executed in triplicate, each of which constitutes an original. 2013 -154 4/11/13 f' Brooke Tract L.P.DEXED GRANTORS) 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 4: � Alton J. Scavo, (rector STATE OF TEXAS § COUNTY OF NUECES § I\- lo -13 Date This instrument was acknowledged before me on to , day of 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. VAN XWER My COMMISSION EXPIRES ;�„ • February 1,2017 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: aniel Biles, E. Director of Engineering Services �� Date STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowJ��dged before me on Z ay of , 2013, by P.E. Ir cfor of Engineering Services, City of orpus Christi, a Texas me -rule municipal corporation, on behalf of said corporation. �•• "`�• EUSFB10 �ZZA III N tary Public, Stat exas *: MY COMMISSION EXPIRES February 14, 2417 1 APPROVED AS TO LEGAL FORM: I l ' 2013. ElizabgthlHundley l Assist n City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" and "C" — metes and bounds description Exhibits "B" and "D" —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_ 16198331.07 U RB� March 25, 2013 Rev: April 8, 2013 ENGINEERING Exhibit A STATE OF TEXAS COUNTY NTY 0 N JECEG Fieldnotes for a 0.08 acre tract of land out of Lot 29, 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 Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas; said 0.08 acre tract being more fully described as follows: Commencing at a 518 inch iron rod with red plastic cap stamped "Urban Engr C.C. W' 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 ofNucces County, Texas, for the northwest corner of Lot 1, Block 1, Zachary Kolda Elementary School Tract, a map of which is recorded in Volume 67, Pages 504 -505, Map Records of Nueces County, Texas; Thence, South 60 °49'40" East, a distance of 187.19 pass a found 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. TIC ", for a comer of said Lot 1, Block 1, Bay Area at Southlake and said Lot 1, Block 1, Zachary Kolda Elementary School Tract, in all a total distance of 1328.85 feet; Thence, South 29°15'36" West, a distance of 1070.64 feet for the Point of Beginning and northwest corner of this tract and to the beginning of a circular curve to the left, whose radius point bears North 29°15'36" East, a distance of 28.00 fleet and having_ a central of angle 90 1 00'00 ", a radius of 28.00 feet, a tangent length of 28.00 feet and an are length of 43.98 feet; Thence, along said circular curve to the left, saute being the north boundary of this tract, an arc length of 43.98 feet for a corner of this tract: Thence. North 299 5'36" East, a distance of 19.00 feet for a corner of this tract: Thence, South 60 0 44'24" East, a distance of 20.00 feet for a corner of this tract: Thence, South 29°15'36" West, a distance of 120.00 feet for a comer of this tract: Thence, North 60 °44'24" West, a distance of 20.00 feet for a comer of this tract: Thence, North 29'15'36' East, a distance of 19.00 feet to the beginning of a circular curve to the left, whose radius point bears North 60 °44'24" West, a distance of 28.00 feet and having a central of angle 90 °00'00 ", a radius of 28.00 feet, a tangent length of 28.00 feet and an are length of 43.98 fleet; Thence, along said circular curve to the let same being the west boundary of this tract, an arc length of 43.98 feet for a corner of this tract: of land. Thence, North 29°1536" East, a distance of 26.00 feet to the Point of Beginning and containing 0.08 Acres (3,464 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 of Nueces County, Texas Unless this Field Notes Descript ion, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracv. ('S e "- W9"B1071FNTempROW 4 aM SWAiNTNER DR, • AN F.MirW_F.F_.RTNr, Dan L. Urban, R.PZ._S. 7.i rtce N4. FAX (361)85$(91 TBFc rirrn f 140 �I LO �N I � I� _ X w ti a U I � I U � II 0 N � I _ 6 i 0 O I� O W M i� Lot 1, Block 1 I Bay Area at Southlake Vol- 67, Pgs. 690 -691, Map Records of Nueces County, Texas Point of 15'U.E. w J } N I I I I I I "j I i lent 'J I I I, I .S �a 1328.85' RADIUS I /TANGENT I ARC LENGTH — — — X1 \/ LO Brooke 9� Sf \ N rj 90 153.714 Acre Tract tea T� O \ J U \ 2006008362 N29'15'36 "F 28.0)' �N 3 Point of Beginnin 1 : tp M � N29 "E T C * j 26.00' (Owner: Brooke Tract, LP) Flour B luff and Encinal Farm and Gar en Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Te as Lot 18 Lot 17, Section 26 Section 26 Lot Line " S60'49'40 "E 1328.85' RADIUS I /TANGENT I ARC LENGTH — — — — — — — 1 28.00' Brooke Tract, LP C2 90 153.714 Acre Tract tea Radius Point Bea Clerk's File No. 2006008362 N29'15'36 "F 28.0)' 3 Point of Beginnin 1 : tp M � N29 "E T C * j 26.00' Lot 30, Section 26 N /L I LO 0 S SG \ CURVE I DELTA ANGLE RADIUS I /TANGENT I ARC LENGTH C1 90'00'00 1 28.00' 1 28.00' 43.98' C2 90 1 28.00' 1 28.00' 43.98' Lot 1, Block 1 Zachary Kolda E €ernentary School Tract VoL 67, Pgs. 504 -505, Map Records of Nueces County, Texas r� i _ Af w l LI o'u.E. I � L C> N Ul 0 N N � — a + � U (n Slough Road — N29'f wit -M -S T Map to Accot mn FIELDNOTES for a 0.08 acre tract of land out Of Lot 29, 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 Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas 19.00' � — ) N60 0 W 20.00' L N El 300 200 100 0 200 400 E 00 Qa GRAPHIC SCALE ED 1 " =200 ° . I URBAN ENGINEERING CORPUS CHRISTI, TEXAS ram No 141- 2725 Srwbw SE, Corpus arM rX 78404 AVE (3M) 854 -3101 FAe (ail) Of-M REVISED: April 8, 2013 DATE: March 25, 2013 SCALE: 1 " =200' JOB NO.: 16198.B1.07 SHEET: 1 of 1 DRAWN BY: RLG 02013 by Urban Engineering WI W 00 O N CI� C4 v 00 Radius Point Bea Z N N29'15'36 "F 28.0)' 3 Point of Beginnin 1 : tp M � N29 "E T C * j 26.00' CD CC4 Radius Point Bears N N60'44'24 "W 28.00' Slough Road — N29'f wit -M -S T Map to Accot mn FIELDNOTES for a 0.08 acre tract of land out Of Lot 29, 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 Clerk's File No. 2006008362, Official Public Records of Nueces County, Texas 19.00' � — ) N60 0 W 20.00' L N El 300 200 100 0 200 400 E 00 Qa GRAPHIC SCALE ED 1 " =200 ° . I URBAN ENGINEERING CORPUS CHRISTI, TEXAS ram No 141- 2725 Srwbw SE, Corpus arM rX 78404 AVE (3M) 854 -3101 FAe (ail) Of-M REVISED: April 8, 2013 DATE: March 25, 2013 SCALE: 1 " =200' JOB NO.: 16198.B1.07 SHEET: 1 of 1 DRAWN BY: RLG 02013 by Urban Engineering Job No. 16198.B 1.07 U RBAN �n . 2013 Rev: April l 8 $, 2013 ENGINEERING Ftchibit C STATE OF TEXAS COUNTY OF NT TEC`.FS Fieldnotes for a 0.08 acre tract of land out of Lot 29, 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 ace 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 Nucces County, Texas; said 0.08 acre tract being more fully described as follows; Commencing at a 5/8 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 corner of Lot 1, Block 1, Bay Area at Soutblake, a map of which is recorded in Volume 67, Pages 690- 691, Map Records ofNueces 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 of Nueces County, Texas- Thence, South 60 °49'40" East, along the south boundary of said Lot 1, Block 1, Bay Area at South]" 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 corner of said Lot 1, Block 1, Bay Area at Southlake and for a corner of said Lot 1, Block 1, Zachary Kolda EIementary School Tract; Thence, South 19 °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 I, Zachary Kolda Elementary School Tract, a distance of 864.22 feet to a point on the east boundary of said Lot 1, Block 1; Thence, South 60 °44'24" East, a distance of 474.61 feet for the Point of Beginning and northwest comer of this tract and to the beginning of a circular curve to the left, whose radius point bears North 29 °15'36" East, a distance of 28.00 feet and having a central of angle 90 °00'00", a radius of 28.00 feet, a tangent length of 28.00 feet and an are length of 43.98 feet; Thence, along said circular curve to the left, same being the north boundary of this tract, an arc length of 43.98 feet for a corner of this tract Thence. North 29 0 15'36" East, a distance of 19.00 feet for a corner of this tract; Thence, South 60 °44'24" East, a distance of 20.00 feet for a cornea of this tract; Thence. South 29 West, a distance of 120.00 feet for a corner of this tract: Thence, North 60 0 44'24" West, a distance of 20.00 feet for a corner of this tract; Thence, North 29°15'36" East, a distance of 19.00 feet to the beginning of a circular curve to the left, whose radius point bears North 60 °44'24" West, a distance of 28.00 feet and having a central of angle 90°00'00 ", a radius of 28.00 feet, a tangent length of 28.00 feet and an arc length of 43.98 feet: tract: Thence, along said circular curve to the left, same being the west boundary of this tract, an arc length of 43.98 feet for a comer of this Thence, Notch 29'15'36" East, a distance of 26.00 feet to the Point of Begi and containing 0.08 Acres (3,464 square feet) of land. 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 signatu;e�r a in its entirety, in its oigirw form, surveyor assumes no responsibility or liability for its accuracy. �TGiNEERIN a = + LEE OR183AN .... � r ernpyp.........• 4 ar � ur � e - r' an L. Urban, R.P.L.S. - / License No. 4710 981B1071F'Nfem RO5�1_ ` C���j� p � SWANTNER DR. + CORPUS CHRISTI, -�E;SS 7$404 FAX (361)t3iJ1E www,urbaneng.com TBPE Firm #145 1 Ln Lot 1, Block I Bay Area at Southlake Vol. 67, Pgs. 690 -691, Map Records of Nueces County, Texas ci CL a E CJ CL tr fiuw o o A op M v O W L'. I� O W 1 60' Point of Commencement ;60'49'40"E 187.19' 15'U. E. I I 11 I 1 I I I I 1 1 1� I� f I I' I I r in N I I I 1 r c3 , . \ G Flour Bluff and Encinal Farm and G Vol. A, Pgs. 41 -43, Mar Records of Nueces County, (Owner: Brooke Tract, LP) Lot 17, Section 26 Lot Brooke Tract, LP 153.714 Acre Tract Clerk's File No. 2006008362 tea' o 4• G . Lot 30, Section 26 ti / Radius Point Bears N29'15'36 "E 28.00' Point of \ / Beginnin% \ S60'44'24 "E \ 474.61' N2915'36 "E- 26.00' Radius Point Bears-- - N60'44'24 'W 28.00' I Lot 1, 1, Block 1 Zachary Koldo Elementary School Tract Vol. 67, Pgs_ 504 -505, Map Records of Nueces County, Texas 19.00' N60*44'24"W- 20.00' / - 25Y I 1a'U.E. en Tracts S Lot 18 Section 26 �o� 1 Lot 29 Section 26 W W Moa °o in 0� C4 � N C4 "~ U) LO o -Zr o � t U 4 Q F W H � d t M Slough Rood — Q Exhibit D . o Accompany 300 200 100 0 200 400 F/ELDNOTES for a 0.08 acre tract of land out GRAPHIC S qALE of Lot 29, Section 26, Flour Bluff and Encinal 1" =200 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 REVISED Ap ril 8, 2013 Deed dated February 14, 2006, executed by DATE: March 25, 2013 John C. Brooke, et al, to Brooke Tract, LP ENGINEERING SCALE: 1 " =200' RBA and recorded under Clerk's File No JOB NO .: 16198.81.07 2006008362, Official Public Records of Nueces CORPUS CHRISTI TEXAS SHEET: 1 of 1 County, Texas Fft Na 145 2 7M s�Kwnff St, c>rpm 7X 13W DRAWN BY: RLG MW (J64 854 -31r71 FAX (JM) 85+-M 02013 by Urban Engineering �I � 1 1 I I I w I 's �I G a ,14j -J r N �.9i• FL . sf \ r7 � o ",Q v \ ^ � Pa�es 8 04/11/201� 3:06PM Officio1 Reco,hs o� NUB�� COUNTY DTAN� T. DARRERA COUNlY CLERK �ees $43.00 Anx nrovision bm,ein which restricts the Reotol ur use of the described REAL PRO9B{TY becouse uf Roce, Cnlor, Reliy�on, Sex, Hond�con, Fomiliol Gk or Nu��onul 8risin is invulid ond unenforceohlp under �EDCRAL LAH, 3/12/O9. STA)E OF TEXAS COUNTY OF �UECES � �ere&y e men us FlL[D io f�le uumber sevueace on the dote ond ot the time stumned erein by me, ond was duly R[CQRDED in the ORiciuI Public Records of &uore� County, Texus Q�uoo T. Borrero �