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HomeMy WebLinkAboutC2013-485 - 11/11/2013 - NA N 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 § Kitty Hawk Development, Ltd. ("Grantor"), whose address is 8239 South Staples Street, Corpus Christi, Texas 78413, 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, ("Grantee"), a Texas home-rule municipal corporation, duly incorporated under and by virtue of the laws of the State of Texas of 1201 Leopard Street, Corpus Christi, Texas 78401, Nueces County, 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: Field note description for a 35-foot wide temporary drainage easement out of, Section 31, Laureles Farm Tracts, as shown on the map recorded in Volume 3, Page 15, 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 field notes location map attached to and incorporated in this document as "Exhibit B," the exhibits collectively being referred to and known as the "Premises 1." 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 property is platted, Grantor shall dedicate by plat all drainage right-of-way and construct all permanent underground storm drainage improvements required by the City 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. 2013-485 11/11/13 Kitty Hawk Development Ltd. INDEXED 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. GRANTOR The person signing this temporary drainage 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. KITTY HAWK DEVELOPMENT, LTD. 11P/ /I 07- _ John on, artner Date STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 7 day of November 2013, by John Bratton, Partner of Kitty Hawk Development, Ltd., on behalf of said partnership. �/ ��1 iFf?,, DEBBIE G. MCATEE e, ::�,, Notary Public,State of Texas :h My Commission Expires N tary Public, State of Texas V4' • -1 July 01, 2016 Page 2 of 3 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: t//1AX Daniel Biles, P.E. Date Director of Engineering Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /Z day of 11/ 1di , 2013, by Daniel Biles, P.E., Director of Engineering Services, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. EUSEBIO GARZA III .411 "= MY COMMISSION EXPIRES 14.0 February14,2017 Not.ry Public, State of T- APPROVED AS TO LEGAL FORM: , 2013. Juli:n Grant Se"or Assistant 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 Page 3 of 3 EXHIBIT "A" METES AND BOUNDS PROPERTY DESCRIPTION TEMPORARY DRAINAGE EASEMENT Field note description of a temporary drainage easement out of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; Said temporary drainage easement, which is 35 feet in width, is situated in the city limits of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a point on the boundary line of Kitty Hawk Unit 1 (Volume 67, Page 24, M.R.N.C.T. ) and Kitty Hawk Unit 2 from which a highway monument found marking the northwest corner of Kitty Hawk Unit 1 and the northeast corner of Kitty Hawk Unit 2; THENCE West, along the north boundary line of Kitty Hawk Unit 2 and the south right-of-way line of FM 2444 (South Staples Street) , a distance of 80.95 feet to a 5/8 inch iron rod marking an inside corner of Kitty Hawk Unit 2; THENCE N 83°26'09" W, along the north boundary line of Kitty Hawk Unit 2 and the south right-of-way line of FM 2444 (South Staples Street) , a distance of 100.65 feet to 5/8 inch iron rod marking a corner of Kitty Hawk Unit 2; THENCE N 89°58'05" W, along the north boundary line of Kitty Hawk Unit 2 and the south right-of-way line of FM 2444 (South Staples Street) , a distance of 224.01 feet to the northwest corner of Kitty Hawk Unit 2, and the POINT OF BEGINNING, said point of beginning also being South, a distance of 25.00 feet, from the northeast corner of this temporary drainage easement; THENCE South, along the west boundary line of Kitty Hawk Unit 2, passing a 5/8 inch iron rod marking the southwest corner of Kitty Hawk Unit 2, a distance of 421.82 feet to a point being an outside corner of this temporary drainage easement, said point also being South, a distance of 5.51 feet, from said 5/8 inch iron rod marking the southwest corner of Kitty Hawk Unit 2; THENCE S 40°00'00" W, passing a 5/8 inch iron rod marking the north corner of Kitty Hawk Unit 3, a distance of 1, 483.11 to a 5/8 inch iron rod marking the west corner of Kitty Hawk Unit 3, said point being the southeast corner of this temporary drainage easement, said point also being S 40°00'00" W, a distance of 603.67 feet from said 5/8 inch iron rod marking the north corner of Kitty Hawk Unit 3; THENCE N 50°00'00" W, a distance of 35.00 feet to a point, said point being the southwest corner of this temporary drainage easement; THENCE N 40°00'00" E, a distance of 1470.37 feet to a point, said point being an inside corner of this temporary drainage easement; Temporary Drainage Easement Exhibit A Page 1 of 2 THENCE North, a distance of 434.10 feet to a point on the south right- of-way line of FM 2444 (South Staples Street) , said right-of-way being 80-feet wide at said point, and said point being the northwest corner of this temporary drainage easement; THENCE S 89°58'05" E, a distance of 35.00 feet along the south line of said FM 2444 (South Staples Street) 80-foot wide right-of-way to a point, said point being the northeast corner of this temporary drainage easement; THENCE South, a distance of 25.00 feet to the POINT OF BEGINNING of this temporary drainage easement, and containing 1.540 acres, more or less. I, Dale A. Wunderlich, Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 4th day of November, 2013. A. / ' 44/7 Registered Professional Land Surveyor Texas Registration No. 6181 Prepared by: RVE, Inc. Temporary Drainage Easement Exhibit A Page 2 of 2 RVE NAME: R:\CUENTS\BRATTON MARK - 403\12048 - Kitt „Hawk Phase II\Easements\temporary 35' Drainage Easement Exhibit.dwg dp DATE: 11 JUN 2013 TIME: 15:39 EXHIBIT IB' u,.. III.i:',..R f•i] T R,•:\C T POINT OF POINT OF BEGINNINGS . S COMMENCEMENT .',.::,L... :,.=., F',?:•,G E: i 5 ivi R i'.i I:.; ',- - SOUTH ' TEMPORARY 0, S89.58'05”E 25*°°' 40' TAPLEs - 40' DRAINAGE EASEMENT 40' 35.00' 65, FM 2 4 4 4 rt.__ ( \ I ""----'"----0 1000' 2000' 35'--wir, N89.58'05"W , WEST , iA 224.01' I 80.95' - ii iii ..... keit.. ElowecAL GARDENS blsy\\Th N83.26'09W k SPANNOMMINlin _ IIIIIIII II\ _ ,.....illear,,M1 7 r . 3 100.65' S.STAPLES STREET(FV 2444) I.Ammmm,,g.mmi / 174) zz, II IF----i— d•1.-\5\\-* K VT T i" ••!A W K DRAINAGE - • U - 2 2 EASEMENT / , „ ,D 4 A v --‘, OSHKOSH DRIVE 4$' '' r\-\‘' SOUTHWEST CORNER OF 46,4 i' lir "111 ' '' ki KITTY HAM UNIT 2 VA 1 '\5Y Z.,* 5 WO /5)..;,f)•.:.2:;/ .35'- ),#‘&,.,4, -‘\',,\ /\ \\ -/l .v.r, engineering-surveying -,\- TBPE FIRM REG. NO.F-2037 /.,• 43' 4) 4 -\.\i' 4 .->7471".'7(-,-.,.. , P0 Box 2927 (78403) 1*.li /.7 -;....:1- 820 Buffalo Street (78401) .•:?..,i.:Y. #5.5ve r 1. •'.,•-•;*‘-'''q?€:',1 - \ Corpus Christi, Texas phone: 361.887.8851 :::.(•:.,'•*?' fax: 361.887.8855 ....,..-, •••••••••.• •-: rf e-mail: rvearve-inc.com 1 :;K_F r. .. —_ website: www.rve-inc.corn /f‘P \ •.., ,.......7:.. :..... --‘ ...,.:'?"..(:.3:3 '...I":;•I':.'"' /-4' ,s4, \\:/.: 1 .540 \•-,,\Az• ACRES ..• ...„. , t.,..,-.;),,,, Nvf:‘<4 i ) , •: 1,:-... -• 00f:\-\-r 0 .„..., ,..--,.-.- NORTH CORNER OF KITTY HAWK UNIT 3 e'\-5\51r 4 - 6 6 ---, es-5, "4 5 /K iT T.i. i..!,•:1. W K sik .:i'6... ,"'. .. 2. .,. .e\-,-)- im 35 . .- /‘=\-,\:- 114;mip 8 . 6 • F , 0 .---- V 4-> -9/p 9 V •LL ^q& el .-•••....*Ilk. ,.117 ® > \ 5N 0.00'00"W 04 .9_6s0• 35.00' ° 2 43) • -9/• 0<‹. ;,.. v) ‹,, GRAPHIC SCALE: 1 "=200' 7 (7) ,..„ 00 AA.,.16., 4 ii mimi N )/\4)&<<‘4-/,<• =Num we mili w \ •-•57,,,4-//‹.-1/7 1 0 / 100' 200' 400' z . . . . � ' . Doc� 2.01:304-9249 Pages 7 11/15/2013 10:16AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 Any nrovisinn herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Hondicun, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/O9. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera 0Cit \ ' ' of Corpus Christi DEPARTMRHT SERVICES 2406 Leopard