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HomeMy WebLinkAboutC2013-481 - 5/1/2013 - NA DC3c.-'ter 2013018435 tY 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 STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Tuscana Bay Apartments Limited Partnership, an Oklahoma limited partnership, whose address is 4200 East Skelly Drive, Suite 800, Tulsa, Oklahoma, 74135, for and in consideration of the sum of One and No/100 Dollar ($1.00) paid by the City of Corpus Christi, a Texas home-rule municipal corporation ("Grantee"), whose address is 1201 Leopard Street, Corpus Christi, Texas, 78401, 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: Field note description of a 15.00 foot wide utility easement over and across portions of Lot 3, Block 14, Brighton Village Unit 2, as shown on the map recorded in Volume 51, Page 44, Official Deed and Map Records of Nueces County, Texas, which description is attached to and incorporated in this document as "Exhibit A" and depicted on the location map attached to and incorporated in this document as "Exhibit B," the exhibits collectively being referred to and known as the "Premises." Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping utility lines in, on, over, under, and along the Premises, including but not limited to water, wastewater, storm water, storm water detention, filtration, drainage, and gas, and 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 described above to the Grantee, its successors, legal representatives, permitted assigns, and franchisees, for the proper and public use as a utility easement and for so long as used for such purposes and, if the use of said utility easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. 2013-481 5/01/13 Tuscana Bay Apartments Limited INDEXED Executed in triplicate, each of which constitutes an original. GRANTOR The person signing this utility easement conveyance as Grantor, or signing 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 the purpose and consideration stated. Tuscana Bay Apartments Limited Partnership, by Case Equities Corporation, its General Partner /Fa/S-75 Signature Date Printed Name: A1„('e d l45.¢. Title: STATE OF OKLAHOMA § § COUNTY OF TULSA § This instrument wa acknowledged before me on 454day of4plitz:Z 2013, by £c1012_. (name), PAAdd:o Y” (title), Case Equities Corporation, an Oklahoma corporation and general partner of Tuscana Bay Apartments Limited Partnership, an Oklahoma limited partnership, on behalf of the limited partnership. // / /Qatilee4) BE•V Rq�, .' p�a.o•(1 Notary Publ/ State of Oklahoma `° '� NO. li t 05003134 c My commission expires: 3-36-/7 IN min% mac; =.``� FOR off= j�TFOFOK\,• \& Page 2 of 3 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: 3"/t h 3 Daniel Biles, P.E. Date Director of Engineering Services STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 474 , day of 2013, by Daniel Biles, P.E., Director of Engineering Services, City of C s Christi, a Texas home-rule municipal corporation, on behalf of said corporation. NN�N ?, Et 810 GARZA M �r s a MY COMMISSION EXPIRES February 14,2017 Notary Public, Stat: oexas 'HH/1N`'' APPROVED AS TO LEGAL FORM: 1142t3 , 2013. '/ OffAddt-- Elizab=d Hundley Assist- t City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" — Field notes; metes and bounds description Exhibits "B" — Location Map AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 Page 3 of 3 Exhibit "A" Tuscana Bay Apartments Field notes for a Public Utility Easement Description: A TRACT OF LAND THAT IS A PART OF LOT THREE (3), BLOCK FOURTEEN (14), "BRIGHTON VILLAGE UNIT 2", A SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, STATE OF TEXAS, ACCORDING TO THE RECORDED PLAT THEREOF (RECORDED IN VOLUME 51, PAGE 44, MAP RECORDS OF NUECES COUNTY, TEXAS), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 29°00'00" WEST AND ALONG THE WEST LINE OF LOT 3, FOR A DISTANCE OF 96.85 FEET TO POINT OF BEGINNING; THENCE SOUTH 61°00'00" EAST AND PERPENDICULAR TO SAID WEST LINE, FOR A DISTANCE OF 154.71 FEET;THENCE SOUTH 16°00'00" EAST FOR A DISTANCE OF 130.88 FEET;THENCE SOUTH 61°00'00" EAST FOR A DISTANCE OF 58.10 FEET;THENCE NORTH 29°00'00"EAST FOR A DISTANCE OF 115.62 FEET;THENCE SOUTH 61°02'24" EAST FOR A DISTANCE OF 866.93 FEET;THENCE SOUTH 87°35'00" EAST AND PERPENDICULAR TO THE EAST LINE OF LOT 3, FOR A DISTANCE OF 25.72 FEET TO A POINT ON SAID EAST LINE;THENCE SOUTH 2°25'00"WEST AND ALONG THE EAST LINE, FOR A DISTANCE OF 15.00 FEET; THENCE NORTH 87°35'00"WEST AND PERPENDICULAR TO THE EAST LINE OF LOT 3, FOR A DISTANCE OF 29.26 FEET; THENCE NORTH 61°02'24"WEST FOR A DISTANCE OF 855.48 FEET;THENCE SOUTH 29°00'00"WEST FOR A DISTANCE OF 100.63 FEET;THENCE SOUTH 61°00'00"EAST FOR A DISTANCE OF 43.35 FEET; THENCE SOUTH 7°58'11" EAST FOR A DISTANCE OF 94.45 FEET;THENCE SOUTH 60°51'10" EAST FOR A DISTANCE OF 259.48 FEET;THENCE NORTH 29°08'50"EAST FOR A DISTANCE OF 7.50 FEET; THENCE SOUTH 60°51'10" EAST FOR A DISTANCE OF 15.00 FEET;THENCE SOUTH 29°08'50"WEST FOR A DISTANCE OF 7.50 FEET;THENCE SOUTH 60°51'10"EAST FOR A DISTANCE OF 265.51 FEET;THENCE NORTH 29°08'50" EAST FOR A DISTANCE OF 7.50 FEET;THENCE SOUTH 60°51'10" EAST FOR A DISTANCE OF 15.00 FEET;THENCE SOUTH 29°08'50"WEST FOR A DISTANCE OF 7.50 FEET;THENCE SOUTH 60°51'10" EAST FORA DISTANCE OF 143.68 FEET;THENCE NORTH 29°08'50" EAST FOR A DISTANCE OF 10.00 FEET;THENCE SOUTH 60°51'10"EAST FOR A DISTANCE OF 15.00 FEET;THENCE SOUTH 29°08'50"WEST FORA DISTANCE OF 10.00 FEET;THENCE SOUTH 60°51'10" EAST FOR A DISTANCE OF 76.39 FEET;THENCE SOUTH 87°34'20" EAST AND PERPENDICULAR TO THE EAST LINE OF LOT 3, FOR A DISTANCE OF 78.19 FEET TO A POINT ON SAID EAST LINE;THENCE SOUTH 2°25'00"WEST AND ALONG THE EAST LINE FOR A DISTANCE OF 15.00 FEET;THENCE NORTH 87°34'20"WEST AND PERPENDICULAR TO THE EAST LINE OF LOT 3, FOR A DISTANCE OF 81.76 FEET;THENCE NORTH 60°51'10"WEST FOR A DISTANCE OF 801.07 FEET;THENCE NORTH 7°58'11"WEST FOR A DISTANCE OF 94.43 FEET;THENCE NORTH 61°00'00"WEST FOR A DISTANCE OF 115.18 FEET;THENCE NORTH 16°00'00"WEST FORA DISTANCE OF 130.88 FEET;THENCE NORTH 61°00'00"WEST FOR A DISTANCE OF 148.49 FEET TO A POINT ON THE WEST LINE OF LOT 3; THENCE NORTH 29°00'00" EAST AND ALONG SAID WEST LINE, FOR A DISTANCE OF 15.00 FEET TO POINT OF BEGINNING. SAID TRACT CONTAINING 35,852 SQUARE FEET, BEING 0.82 ACRES, MORE OR LESS. Basis of Bearings: NORTH LINE OF LOT THREE (3), BLOCK FOURTEEN (14), "BRIGHTON VILLAGE UNIT 2", HAVING A BEARING OF N 61°02'30 W. *cftr° i o . 'w 2 �RN a 0�1V�N A IEIC/ ZS• L.V 1.3 ° 6'4$8 C)4` Tanner Consulting, LLC �°.o�GISTER��� 12046EX_U1ILITY EASEMENT SS/ONAL c�G 5323 SOUTH LEWIS AVENUE • TULSA, OKLAHOMA 74105 • (918)745-9929 1/08/2013 CERTIFICATE OF AUTHORIZATION NO. F-4367 EXP. 12/31/2013 / Exhibit "B" SARATOGA BLVD. Z.O �_ BRIGHTON VILLAGE 15.00' BRIGHTON VILLAGE UNIT 2 N 29100'00" E o POC Tuscans Bay Apartments UNIT 2 liar \ SARATOGA DRANAGE I DITCH Q BRIGHTON VILLAGE ��e', cv�co.� �\ Map to Accompany Field notes g �■�� am '.k 9� " c5 / P0B\ 7.5' U.E. 130.88' o '� G�l S 29'00'00" W S s S 16'00'00" E 263.90' ce III. %> 1�� \ 58.10' m ' T / I,' S 61'00'00" E LOT 2 / / X10¢ F \ BLOCK 14 '� r,p ,9. � ')/ BLOCK N 67. Vicinity Map G y / j • i'�L '�•&\\ lls 3 Scale: N.T.S. NORTH ti 0 --. / la-�/ \ �.`' // .� \�' w Bri fn r Old Viiiagje Unit � %� LOT 3 Q1k a�� ‘-'16;0°00,. - `�SO '�� 4 \\ BLOCK 14I 100� \ 7518 3` • 100.63' Ss/ S 29'00'00"� 1 y641r-"irlInt Jn \____ 9443'/ / . rs N 29'08'50" E �`� F \\ 7.5 U.E. 00 " 7.50' S N 794.413;.' W // _ 48• \ Et J S 29'00'00" W _Jo. S8): 1OD 00.00' \ 15.00' * � \ C / //c �� 7.50' : *),..S) F ;'6 '- Q/c/ ry/c Viafje o l0 \ ®�S,,S�, 7.50'.00' 15.00' / X26990'F• \�s s••,:0���.� 7.50' S 2'25'00" W /04 29.26'' 1120' .2;21.5510'. R. y ,0.15 - _-I X43 15.00' I 331.83 Old, \\ 68• 10.00' IS 2'25'00" E , /c NIIII �� \ �� 76.39' \ � \\ S 87'34'20" E S ���, (78.19 NORTH / �' 81.76' �� --� S 2'25'00" W Scale: 1"=150' �\P- E�F*°ols .•. %576.`''S ,I 15.00' R, LEGEND *.° �1\ °** 263 33• L=15.69 Easement Area 4_\I Soot' R=10.00' °°°°°°°°°° " POB POINT OF BEGINNING 35,851.48 SQ. FT. DAN EDWIN TANN:' 4.2.c.2.o' - 89'55'30" POC POINT OF COMMENCEMENT 0.82 ACRES �'0° es�REo 4`' Tanner Consulting, LLC ISS/QNAL EAG\ 5323 SOUTH LEWIS AVENUE • TULSA, OKLAHOMA 74105 • (918)745-9929 1/8/2013 12046EX_U11LITY EASEMENT CERTIFlCATE OF AUTHORIZATION NO. F-4367 EXP. 12/31/2013 Doc 2101.301.84:35 Pages 6 ki5/10/2013 9:07Ati Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale! Rental or use of the described REAL PROPERTY because of Ro.ce, Color, Religion? Sex? Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES t hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera J City of Corpus Christi DEPARTMENT SERVICES 2406 Leopard Corpus Christi,TX 1840$ J