HomeMy WebLinkAboutC2013-315 - 9/12/2013 - NA DRAINAGE EASEMENT AGREEMENT FOR PIPELINE FACILITIES
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOIWNG INFORMATION FROM THIS INSTRUMENT BEFORE IT 1S FILED FOR RECORD IN
THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date:
Grantors: 1. Brooke Tract, L.P., a Texas Limited Partnership;
2. Golden Real Estate Construction Consulting Group, Inc, a Texas corporation;
and
3. B&A Terra Firma Development, LLC,a Texas limited liability company
Grantors' Mailing Address:
J. 21301 S.Tamiami Trail,Suite 320, PMP 256, Estero, FL 3392346
2. 46 West Bar Le Doc,Corpus Christi, Nueces County,Texas 78414;
3. 7009 South Staples, Ste. 102 B,Corpus Christi, Nueces County,Texas 78411,,
Grantee: City of Corpus Christi
Grantee's Mailing Address:
P.O. Box 9277, Corpus Christi, Nueces County,Texas 78469
Dominant Estate Property:
A 11.548 acre tract of land, more or less, in Nueces County,Texas,out of Lots 28 and 29,Section
26, Flour Bluff and Encinal Farm Garden Tracts, a map of which is recorded in Volume A, Pages
41 thru 43, Map Records of Nueces County,Texas and being a portion of the property described
in Warranty Deed dated February 14, 2006, executed by John C. Brook,et al, to Brooke "Tract,
LP and recorded under Clerk's File No. 2006008362,Official Public Records of Nueces County,
Texas; and as said tract is described in the Deed from Brooke Tract, LP to Golden Real Estate and
Construction Consulting Group, Inc. recorded 7/2/2012 under Clerk's File No. 2012025105,
Official Public Records of Nueces County, Texas; said tract being described in the Deed from
Golden Real Estate and Construction Consulting Group, Inc to B&A Terra Firma Development,
LLC, recorded 9/11/2012 under Clerk's File No. 2012035435, Official Public Records of Nueces
County,Texas, and being more particularly described by metes and bounds on Exhibit "A" and
depicted on Plat Exhibit"A-1", both of which are attached hereto and incorporated herein for all
pertinent purposes.
Easement Property:
A 20.00 foot wide drainage easement, more or less, in Nueces County,Texas, being more
particularly described by metes and bounds on Exhibit"B" and depicted on Map "B-1", both of
which are attached hereto and incorporated herein for all pertinent purposes.
Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair
and removal of an underground storm water drainage pipeline with a headwall at the entry point into
the Brooke Tract Private Lake (collectively, the "Facilities").
2013-315
9/12/13 1
Brooke Tract LP INDEXED
IV
Consideration: Ten ($10.00) Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged.
Reservation form Conveyance: None.
Exceptions to Warranty: All of the following that affect the Property: 1) all presently
recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases and 2)
mineral interests outstanding in persons other than Grantor, validly existing rights of adjoining owners
in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in
metes and bounds description;any encroachments or overlapping of improvements.
Grant of Easement: Grantors, for the Consideration and subject to the Reservations from
Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs,
successors, franchisees and assigns an easement over, on, and across the Dominant Estate Property for
the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way
belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's
heirs, successors, franchisees and assigns forever. Grantors bind Grantors and Grantors' heirs,
successors, and assigns to warrant and forever defend the title to the Easement in Grantee and
Grantee's heirs, successors, franchisees and assigns against every person whomsoever lawfully claiming
or to claim the Easement or any part of the Easement, except as to the Reservations from Conveyance
and Exceptions to Warranty, to the extent that such claim arises by,through, or under Grantors, but not
otherwise.
Terms and Conditions: The following terms and conditions apply to the Easement granted by this
agreement:
1. Character of Easement. The Easement is appurtenant to, runs with, and inures to the
benefit of all or any portion of the Dominant Estate Property, whether or not the Easement
is referenced or described in any conveyance of all or such portion of the Dominant Estate
Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of
Grantee and Grantee's heirs, successors, franchisees and assigns who at any time hold any
interest in the public rights of way and public drainage infrastructure located in the
Dominant Estate Property(as applicable,the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive,
and Grantors reserve for Grantors and Grantors' heirs, successors, franchisees and assigns
the right to use all or part of the Easement Property in conjunction with Holder as long as
such use by Grantors and Grantors' heirs, successors, franchisees and assigns does not
interfere with the use of the Easement Property by Holder for the Easement Purposes, and
the right to convey to others the right to use all or part of the Easement Property in
conjunction with Holder, as long as such further conveyance is subject to the terms of this
agreement.
4. Improvement and Maintenance of Easement Property. Improvement of the
Easement Property and the Facilities will be at the sole expense of B & A Terra Firma
Development, LLC ("Grantor # 3"). After all improvements are complete and accepted by
2
Grantee, maintenance of the Facilities will be at the sole expense of Holder Grantor#3 has
the right to construct, install, maintain, replace, and maintain and remove the Facilities
under or across any portion of the Easement Property until such time as the construction of
the underground storm water drainage pipeline and headwall at the entry point into the
Brooke Tract Private Lake is complete, turned over to and accepted by Holder. However, all
such activity shall be conducted only within the confines of the Easement Property. All
matters concerning the Facilities and their configuration, construction, installation,
maintenance, replacement, and removal are subject to Holder's approval and are subject to
performance of Grantor # 3's obligations under this agreement. Grantor# 3 shall provide
Holder and the other Grantors written notice 1) prior to commencement of any work on or
about the Easement Property and 2) upon completion of work on the Easement Property.
All Facilities shall be 1) constructed in compliance with the design standards and
construction requirements of the City of Corpus Christi, 2) placed on the Easement Property
underground and 3) constructed in a good and workmanlike manner without committing
waste to the property. The pipeline must be located below ground level and a headwall
must be constructed by Grantor # 3 at the entry point into the Brooke Tract Private Lake.
No drainage ditch is allowed on the Easement Property. At the completion of construction,
Grantor# 3 shall cause its contractor to restore the surface of the Property to substantially
the same condition as prior to the commencement of construction, including, replacement
of any fences that are moved to gain access to the Easement Property.
5. Indemnify. GRANTOR # 3 SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER
GRANTORS AND HOLDER FOR ANY LOSS OR DAMAGE TO PROPERTY OR PERSON FROM ANY
ACTIVITY ON OR ABOUT THE EASEMENT PROPERTY INCLUDING AN ACTIVITY IN FURTHERANCE OF
THE EASEMENT PURPOSE. IF GRANTOR#3 HIRES A THIRD PARTY CONTRACTOR TO CONSTRUCT
THE FACILITIES, IT WILL INCLUDE IN ITS CONTRACT FOR THE CONSTRUCTION OF THE FACILITIES A
REQUIREMENT THAT CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE
OTHER GRANTORS AND HOLDER FOR ANY LOSS OR DAMAGE TO PROERTY OR PERSON CAUSED BY
THE CONTRACTOR'S ACTIONS AND THOS OF THEIR AGENTS, EMPLOYEES AND SUBCONTRACTORS
ON OR ABOUT THE EASEMENT PROPERTY.
6. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and commanding
compliance. Restraining orders and injunctions will be obtainable on proof of the existence of
interference or threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and wili be obtainable only by the parties to or ti;ose benefitted
by this agreement; provided, however, that the act of obtaining an injunction or restraining
order will not be deemed to be an election of remedies or a waiver of any other rights or remedies
available at law or in equity.
7. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs
upon a court order to that effect if so authorized.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs,successors,and permitted assigns.
3
9. Choice of Low. This agreement will be construed under the laws of the state of
Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Nueces County,
Texas.
10. Counterparts. This agreement will be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document. All
counterparts will be construed together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
party fails to declare immediately by a default or delays in taking any action. Pursuit of any
remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement
or provided by law.
12. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate
to perform the terms, provisions, and conditions of this agreement and all transactions
contemplated by this agreement.
13. Entire Agreement. This agreement and any exhibits are the entire agreement of the parties
concerning the Dominant Estate Property, the Easement Property, and the grant of the Easement
by Grantors to Grantee. There are no additional representations, agreements, warranties, or
promises, and neither party is relying on any statements or representations of any agent of the
other parties;that are not expressly set forth in this agreement and any exhibits.
14. Legal Construction. If any provision in this agreement is for any reason unenforceable,
to the extent the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability will not affect any other provision hereof, and this agreement will be
construed as if the unenforceable provision had never been a part of the agreement.
Whenever context requires, the singular will include the plural and neuter include the masculine or
feminine gender, and vice versa. Article and section headings in this agreement are for
reference only and are not intended to restrict or define the text of any section. This agreement
will not be construed more or less favorably between the parties by reason of authorship or origin of
language.
15. Notices. Any notice required or permitted under this agreement must be in writing. Any
notice required by this agreement will be deemed to be delivered (whether actually received or
not) three days after deposited with the United States Postal Service, postage prepaid, certified
mail, return receipt requested, and addressed to the intended recipient at the address shown in
this agreement. Notice may also be given by regular mail, personal delivery, courier delivery,
facsimile transmission, or other commercially reasonable means and will be effective when
actually received. Any address for notice may be changed by written notice delivered as
provided herein.
16. Recitals. Any recitals in this agreement are represented by the parties to be
accurate and constitute a part of the substantive agreement.
17. Time. Time is of the essence. Unless otherwise specified, all references to
"days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public
holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal
public holiday,the date for the performance will be the next following regular business day.
Grantors:
Brooke Tract,LP,a Texas limited partnership
By: MSK Real Estate, Inc.,a Delaware corporation, General
Partner.
B
Alto ce President
STATE OF
COUNTY OF-S)00%&S�"
110
This Instrument was acknowledged before me an the_2�L day of August,2013, by Alton J.
Scavo,Vice President of MSK Real Estate, Inc.,a Delaware corporation, General Partner of Brooke
Tract, L.P.,a Texas limited partnership, in said capacity and on behalf of said limited partnership.
JNotary Public,State of V%Nt
My Commission expires:
Golden Real Estate Construction Consulting Group,Inc., a
Texas corporation
By:
A gh&on[,'President
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the (p_day ofA4Wmi*, 2013, by Amir H.
Zarghooni, President of Golden Real Estate Construction Consulting Group, Inc.,a Texas corporation,
on behalf of said corporation.
Notary Public,State of Texas
SUSAN ARLENE WORCESTER
Notary Public,State of Texas
My Commission Expires
July 25, 2015 &A Terra Firma Development, LLC,a Texas limited
liability company
it H ar o esident/Manager
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of t, 2013, by Amir H.
Zarghooni, President/Manager of B & A Terra Firma, LLC, a Texas limited liability company, on behalf
of said company.
Notary Public, State of Texas
ACCEPTED: SUSAN ARLENE WORCESTER
Notary Public,State of Texas
Grantee: `mss My y 26,ion Expires
City of C pLSChri
By:
RA Olson, Ci ynager
STATE OF TEXAS
COUNTY OF NUECES
P G : CSt3 rl
This instrument was acknowledged before me on the day of , 2013, by
City Manager of City of Corpus Christi, a body politic and municipal corporation on behalf of
said City.
i(Rl Y UNK
Notary Public '
STATE OF TEXAS
Carm.Exp.Apr.1 Notary ublic, S to of Texas
After recording
Return to:
City Attorney
P.O. Box 9277
Corpus Christi,Texas 78469
6
TbxatiuleoTech
LAND SURVEYING, INC.
F�ZL11ij0'�E5 Di=S_CRIPTICIN
t
Field notes fora 11.54 acre tract of land out o f LOts 28 and 29,Section 26,Flour Bluff and Encinal Form Garden Tracts,
a map of which Is recorded In Volume A,Pages 41 thru 43,Map Records of Nueces County,Texas and being a portion
of^the property described In Warranty Deed dated February 14,2006,executed by John C.Brooke,at all to Brooke
Tract,LP and recorded under Clerk's File No.2oo6oa8362,official Public Records of Nueces County,Texas;said It-54
acre tract being more fully described as follows.
COMMENCING at a found 518inch Ircn rod an the cost lot line of sold Lot a8, from which the POINT OF THE
BEGINNING bears 5 28'44'26"W,a distance of to.oa feet to a point,on the north right of way line OfSlough Road
and from where the southeast corner of Bald Lot 28 same being the southwest corner o f Lot 27,bears S 28'44'26"W,
a distance of 20.00 feet to the center line of safd Slough Road,said point being the southeast corner of this trace
THEN N 6?t6' 1o" W, with the north right of way of said Slough Road, at a distance of 660,00 feet pass the
common lot line of safd Lot 28,and tot 29,in all a distance of 668.85 feet to a point and being the southwest comer
of this tract;
THENCE N 28'43'50"1:, at a distance to.00 feet pass a set 5/81.nch Iron rod,in aft a distance of 752.00 feet to a set
518fnch iron rod for the northwest corner of this tract;
THENCE S 61°16'to"E,at a distance of 8.98 feet pass the lot line between Lot 28 and 29,in all a distance of 668.98
feet to a set 518inch Iron rod on the east lot One of said Lot 28,some being on the west right of way line of Ametrine
Drive,said rod being the northeast corner of this tract;
THENCE S 28'44156" W, at a distance of 390.40 feet pass a found 518inch Iron rod for the southwest corner of
LEGENDS OF DIAMANTE UNIT 2,recorded In volume 67,page 32z of the Map Records of Nueces County,Texas,In all a
distance o f 752.00 feet to the POINT OF BEGINNING and containing 11.54 acre of land.
4 117ctor S.Aledina,a Registered Prafesslonal Land Surveyor,do here by ter*that to the best ofmy knowledge,this plat represents
actual sumiey made on the ground under my supervision and substantially complies with the minimum standards jor Land Surveying
in Texas set forth by the Texas Board of Professional Land Surveying.Bearing and distances are NAD 83. Texas South Central Zone
and are based an grid coordinates.
ietor S.Medina
M"22,2011 � ', 114dered Prores:ioual Land Surveyor
1205I4.doe
`• ' •• ••••..® , License Number 3419
EXHIBIT EDI
NA
A
SUBSIDIARY OFAIEDINA CONSUL74NTS
6330SARATOGA BLVD,SUITE C-CORPUS CHRISTI,TEXAS 78414-PHONE 361-993-0808-F 361-99319SS
r
B
NOXIt 4erta;Ln,
RINNUM 0R A CAUXII 99$.46
see a/a°'A As. e
NPS ra AN,19090004621
a
07 21
gP.R14C.T,LP
RAN do W= •9997® rr
pC,0 eta
4.P.RAN.CLT,,4 a
I � q . b
rr �(y\
t
A_ OV 0
in ale
\_009 °
r
BgQ' 11.54 Acres. �
�`a+ 502590.63 Sq,ft. r a
" � C
9
er O n {
aEY a/6°6N.
mu"9le°LN
r z6
e
17
"k. sit a®e'NO.
A=2.267 ACRE TMCY
® '• �� ® 1535.PACE 103
r
:r 1465 mm DO£5 AD7 mAVE A m ED r LE Cr A SM A &tNO A 11.114 C e UND Dr a0 me
9 MITHEMON rvFC SCAL.If VOULD DE CONSIDERED A CCPY AND IT'S 2e•YWVY 26, KUM AM VON&IFARM ANO
ACCVRACI IN® IQN. C'at,A Imp or INew 9S"CC0. al vm
uw D
PAD:]44 YNDI 41,UW NEORN 0P uwwm rmum",44w
8.VICTOR&NwVA%A s a"EO PNCrESSIONAl tAw SURVEYOR, AM-
a5t'DE9Y CEFRVY THAT TO HEST Of MY RN 00E.THrS PLAT REs i x DIM MIND P®R P8 m IN
186 C.0A5�R,"®a,99 tft*M TRACT
PRESENTS AN 5 WOE w VIE GROUND u &0Y SUPERVI C,,.9Rxs e¢E w. � a.` 4w a
AND SU ed d 11E5 WITH THE WwMuM SY D5 rOA vND I � A, ,I 170-rrsr.YeA
SUWAITM aN T S SCr r0 RY TKE TOUS GOAR2 UP P ONA, -
O Y MAY 22°2012. ,S 41f t�
LAND ZUZVffVINQ.ro 4JiMINY of mmbA"No dLTA
••••••,•••,°°•°°°„°°• 6580 SARATDCA ff=amic C
m c. ae ct atAli Tx w9aa4
...°........°...°...
VICTOR S. taEDt¢A
111:0137ma,PRDrE5SIE RAL LAND EURMCR I'7°°. 4'455C�4,63� % O0mpletion Date:C9/ 12 Sre®ek06 Dg„YSW
Dome NR•3419 SCALE: 10DI Seal6:S°® 1D48° ... no Namea 420394.....
Rr Dr=RO SunAyaR bY9 tJ I
EXHIBIT A
m
I
Job 1J..lamBlY,
,. gx• 012
°
*ENGINEERING
t(?I fNTY OF NMVZS Qt 4 41 2S Rod 29.dmu 43..TVW 01,E
F xs for a 1D alit � 4t Vo �° xet 2W6
puddu °t
NOMOM
,rm tr.d m W
a: aadbdula ter mranow ofGdsZ7ta+d14 r
Od
arthe sFde
• Broahe.� to ptdo� bed .
• Coiuu3•.T putthe �"�orSisuRhB6da md�jdLa°37nndet,rlltir
fart3�i�
�°�' 8tvff vmf °
26.Ida X7490 031B'o
ai Flid Lot 38', ofiAtsn aad?8.
tridt ssid t d g� yinb n yo ,l,ly�°Vl st i dk=cc
tow,Notd+z9'IB17' IWGFL af771AOsnd
:t•,�.�r;3plasticcAp Moped UM hullo orttds eai
�n ' of Se and fardn d T for the tariff
®c4aoatxltarma bmuldsl ofrl, CM•
ce.NosdaOr44°74 W994 afith
Clog&29't6°x7 00 13 apd
cndus°on atcal4 dthLs adic otloaT00rm
fund or 94 y oftbii p�
�htlu r vet u of tl�t:
.ry ,Nmde37'15'35' i s dLWL=d
to a+doftat1d g
Twum
68'SS"43" arr�t01s
82 po fortbtROnh
(� oftl�it . xt6s d14ti9.31fed
-37-15-0"imsk a" u tb tl�c sW+e 'tioned
a(no lion C of 0&
o f at 5 t
9a5,
lot nqgta
e (0
Wy of 27 esd 11 v,d 40,06 15 471 bib axe
bouni of " S ad 8
ad
157.701t *06 .
tbMu 10
"fop god"
x °t
aat�cffa°ni orl.rns and� �. oa
unir� n
a�orrmA as the�raaad tw�ell. aadsi�amre'aF�P is its nrJ�7. Q
17d1Dlt dd yfatits
or sm pNEtd
�909 a �4a1
i519e dm TAY(2bl) l
fat qg,,n COt C"PIMLIDW 7&"9 {;,t11) I01, 27� w.uibonang.c ,
°fppg Fkm tl145 ---
fi
1/
I 6
m_
�m
=� # Vol
RIM
qA
ji
� Y a
i
o w
0
�1r
(.'7l a�
Od pyC3
H SO
to
tills
N
I n�
r
J r C P I_,I
m �r�
sal I z � $ d ng
s ® �o 'F w wl R.
A 4°A u
� m o
-
Z R Utt ir . ,
Slough Road
°Jc CL .�
acuno!"� u,
3 -
� ruu
pages 11
09/24/2013 9'15kh
OF' licaaal !Recards of"
DIANA Ti,-, BARRA
COUNTY Cl ERIK
u= az�a $155 u u
fang ricavis'
a i im6'a h e T"ie b n wi"W i d%h restricts the.- Salev
Religian? au,p Haaaadir=7 Familial StcAl,ua;T ar
1-laa icmaal. Orirriiva is invialid and L.rnenf'orcelalble
STATE OF TEXAS
COUNTY OF' I-AlUECE's
I. h err orb as m e lc°t i f"u,u that tIII'Ii s ii ra s r au m r�n was 'F 11„,.IE;
in rilie ni umli ler SIPRQUeince cm the date. and :alt the
t i me stamped herein b c..r me p and was d uu l.9 !RE.DDRDE
Re�ror,m Toe �i ra lt-ww Off i ry i l Public of
��a aaa a�u,e
1 5. SAt-l> N Y'aasaaa �.. aau le �:a°aa
y UAL A
”
City of Corpus Christi6° mm
DEPARTMENT SERVICES
2406 Leopard
Corpus Christi, TX 78408