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HomeMy WebLinkAboutC2014-385 - 2/13/2014 - NA 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 RIGHT-OF-WAY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Brooke Tract, LP ("Grantor"), whose address is 8050 Trails Boulevard, Suite A, Naples Florida 34108, 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: See the metes and bounds property description for (1) Temporary Right-of-way out of Lot 16, 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" See the metes and bounds property description for (1) Temporary Right-of-way out of Lot 30, 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 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, and its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along and upon said Premises, as well as 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 2014-385 ges shall cease. 2/13/14 Brooke Tract, LP INDEXED 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. Brooke Tract, L.P., a Texas Limited Partnership By: MSK Real Estate Corp., a Delaware corporation General Partner Alton . Sca ., = c or Da?e142 : STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 0" day of Tebc.0 ,20 1 y , �y 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. IP „ — ,^" XAVIER GALVAN — g ;f MY COMMISSION EXPIRES ota Public, - e o Texas ,i• •. February 1,2017 Page 2 of 3 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: C)--- --0—Q__ I3 / V Daniel Biles, P.E. D to Director of Engineering Services STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on /5.day of _, 2014, by Daniel Biles, P.E., Director of Engineering Services, City of Corpus isti, a Texas home-rule municipal corporation, on behalf of said corporation. NI: EUSEBIO GAARZA III 1:.' •' � MYCOMMISSION EXPIRES ' No ary Public, State •,/7 xas ,a,„�” February 14,2017 APPROVED AS TO LEGAL FORM: r d j 1 Th) , 2014. 1, ,S, .. 4 N: Julaln Grant Senior 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 IHuRAN • ENGINEERING 1 Job No. 16198.B3.02 January 2,2014 Revised : January 28,2014 Exhibit "A" 0.079 Acre Temporary ROW Easement State of Texas County of Nueces Field Notes,for a 0.079 acre temporary right-of-way easement,over and across Lot 16,Section 26,Flour Bluff and Encinal Fann and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County,Texas, and a 153.714 acre tract,described in a deed from John C.Brooke a/k/a John C.Brooke,IV a/k/a John Charles Brooke,IV to Brooke Tract,L.P.,a Texas limited partnership,as recorded in document number 2006008362,of the Official Public Records of Nueces County,Texas;said 0.079 acres being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found,on the east right-of-way of Rodd Field Road,a public roadway,for the north corner of Lot 1,Block 1,Bay Area at Southlake,a map of which is recorded in Volume 67,Pages 690-691,of the said Map Records; Thence,North 60°49'40"West,5.00 feet. Thence,North 29°10'20"East,with said right-of-way,223.34 feet. Thence,South 60°49'40"East,a distance of 174.94 feet,to the Point of Beginning and Point of Curvature,of a curve to the right, having a radius of 28.00 feet,a length of 41.96 feet,a Delta of 85°51'18",a Chord which Bears,South 76°16'53"West,38.14 feet,for a corner of this easement; Thence,with the boundary of this easement as follows: • With the arc of the said curve to the right,41.96 feet; • North 60°47'28"West, 19.00 feet; • South 29°12'32"West,20.00 feet; • South 60°47'28"East, 120.00 feet; • North 29°12'32"East,20.00 feet; • North 60°47'28"West, 19.00 feet,to the Point of Curvature,of a curve to the right,having a radius of 28.00 feet,a length of 41.96 feet,a Delta of 85°51'18",a Chord which Bears,North 17°51'49"West,38.14 feet; • With the arc of the said curve to the right,41.96 feet; • North 60°47'28"West,26.15 feet,to the Point of Beginning,containing 0.079 Acres(3431 square feet)of land,more or less. Bearings based on the recorded plat of Bay Area at Southlake,Block 1,Lot 1,a map of which is recorded in Volume 67,Page 690,Map Records of Nueces County,Texas. Unless this,fieldnotes description,including preamble,seal and signature,appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described he,•;:. OF '%,„N-0,�'s ri.;%"1"A URBAN ENGINEERING /4..MMMNI.M.N.M.NN..M.. KEITH W.WOOLEY 11.000rO MM.NNN.N/N.NI.. r4 5463 P�w;/ .• X74\PEss‘° /,t Keith W.Wooley,R .L. . Co .....'.I License No. 5463 ua - S \\Urbanfs02\Data\Surveying\16198\B310\OFFICE\METES AND BOUNDS\T SMT1.docx P.• 1 of 1 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 •TBPLS Firm#10032400 Point of Beginning N60'47281Y 2615' S60'49'401" 174.94' N6047281Y G1 cS N6047287/ X 19.00' 19.00' , ..E tN 0.079 Acres N. il N 3431 Sq. Feet N 9g T[ V NN Q S6174728T 120.00' x o Temporary R.O.W. Easement LINE BEARING DISTANCE Q) , Ll N60'49'40"W 5.00' CURVE RADIUS ARC LENGTH DELTA ANGLE (� < Cl 28.00' 41.96' 85'51'18' C2 28.00' 41.96' 85'51'18" 0 Lot 16, Section 26 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas (Owner: Brooke Tract) 60.0' PointafCommodfounnt Doc. No. 2006008362, O.R.N.C.T. (5/8 inch Iron rod found) ( ) L1 0-1 Lot 1 , Block 1 I Bay Area at Southlake Vol. 67, Pgs. 690-691 , Map 65.0' Records of Nueces County, Texas mds =iiii75 50 25 0 50 100 I I 1. 50. Exhibit "B" Site Map N.T.S. Corpus Christi Sketch to Accompany Nueces County, TX field Notes, for a 0.079 acre temporary tight-of-way easement over and across Lot 16, Section 26, Flour Bluff and Encinal Form and Garden Tracts, a map of which is recorded in Volume 4 Pages 41-43 Abp Records of Nueces County, Texas, and a 153.714 acre tract of land described in a deed from John C. Brooke a/k/a John C. Brooke, IV a/k/a John Choles Brooke, IV to Brooke Tract LP., a Texas limited partnership, as recorded in document number 2006008362, of the " �� Redd owe Official Public Records of Nueces County, Texas — URBAN SCALEDATE Jan 2.502014 aaa sw�n.s a � 1* �7V• Site t — ENGINEERING JOB NO.: 16198.B3.01 �� 2725 .r St, a.,.a >x 78404 SHEET: 1 of 1 I g >t° . , F� „5 > �„ laiara4ao DRAWN BY: BMR MOW(J6q 854-3101 FAX*(361)854-e001 0 2014 by Urban Engineering • '` €`p 4 4 am" ENGINEERING ,/ Job No. 16198.83.02 January 2,2014 Exhibit "C" 0.093 Acre Temporary ROW Easement State of Texas County of Nueces Field Notes for a 0.093 acre temporary right-of-way easement,over and across Lot 30,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, and a 153.714 acre tract of land described in a deed from John C.Brooke a/k/a John C.Brooke,IV a/k/a John Charles Brooke,IV to Brooke Tract,L.P.,a Texas limited partnership,in document number 2006008362,Official Public Records of Nueces County, Texas;said 0.093 acres being more fully described by metes and bounds as follows: Commencing,at a 5/8 inch iron rod found,for the east corner 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; Thence,South 29°10'20"West,with the southeast line of said Lot 1,Block 1,415.75 feet; Thence,South 60°4424"East,with the common line of said Lot 30,Section 26 and Lot 17,Section 26,said Flour Bluff and Encinal Farm and Garden Tracts,231.10 feet. Thence,,South 29°15'36"West,a distance of 7.51,to the Point of Beginning and Point of Curvature,of a curve to the right,having a radius of 28.00 feet,a length of 38.45 feet,a Delta of 78°40'20",a Chord which Bears,South 79°52'22"West, 35.50 feet,for a corner of this easement; Thence,with the boundary of this easement as follows: • With the arc of the said curve to the right,38.45 feet; • North 60°4728"West, 19.00 feet; • South 29°12'32"West,26.00 feet; • South 60°47'28"East, 120.00 feet; • North 29°12'32"East,26.00 feet; • North 60°47'28"West, 19.00 feet,to the Point of Curvature,of a curve to the right,having a radius of 28.00 feet,a length of 38.45 feet,a Delta of 78°40'20",a Chord which Bears,North 21°27'18"West,35.50 feet; • With the arc of the said curve to the right,38.45 feet; • North 60°47'28"West,27.09 feet,to the Point of Beginning,containing 0.093 Acres(4039 square feet)of land,more or less. Bearings based on the recorded plat of Bay Area at Southlake,Block 1,Lot 1,a map of which is recorded in Volume 67,Page 690,Map Records of Nueces County,Texas. Unless this fieldnotes description, including preamble,seal and signature,appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract describe OF T • s r •..-f' URB ENGII.I BERING -7121:1‘K*;' isZEM{W.Wp2LEY • 5463 pEsgo� r•':4 Keith W. Wooley, ' P.L.S. dip • a44/ License No. 5463 S:\Surveying\16198\B302\OFFICE\METES AND BOUNDS\TempROWESMT2.docx Page 1 of 1 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 •TBPLS Firm# 10032400 E � Point of Commencement ...,,,,,,eee r1NS (5/8 inch Iron rod found) . 83 /40".\ Rodd 0 i ,/.1-'-L as yam., ik i I Site i a a ,i, SITE MAP N.T.S. o w Corpus Christi c Nueces County, TX 0 0 1 0 n m . T, : Lot 17, Section 26 o o Flour Bluff and Encinal Farm and Garden Tracts a c z Vol. A, Pgs. 41-43, Mop JRecords of Nueces County, Texos T�O (Owner: Brooke Tract) r3,0 y R (Doc. No. 2006008362, O.R.N.C.T.) - o j °u _LINE BEARING _ DISTANCE 5' L 1 529'153618 7.51' CURVE RADIUS ARC LENGTH DELTA ANGLE Cl 28.00' 38.45' 78'4020" C2 28.00' 38.45' 78'4020" S60'44'41- 231.10' Point of Beginning Lot Lot 30, Section 26 N60'47'2810/ Flour Bluff and Encinal Farm and Garden Tracts 2709' Line Exhibit nTL fir Vol. A, Pgs. 41-43, Map N60'47'81*' 0 c, N60'47'28'W Records of Nueces County, Texas 19.E 19.00' Sketch to Accompany (owner: Brooke Tract) N 0.093 AmesH (Doc. No. 2006008362, O.f:.N.C.T.) vzi g ry 4039 Sq. Feet , 8 Field Notes for a 0.093 acre temporary right—of—way easement, over iH and across Lot 30, Section 26, flour Bluff and Encinal Form and S60'47181� Gorden Tracts, a map of which is recorded in Volume 4 Pages 41-43, Mop Records of Nueces County, Texas, and a 153.714 acre 120.00' tract of land described in o deed from John C. Brooke a/k/a John Temporary R.O.W. Easement C. Brooke, N a/k/o John Chorles Brooke, IV to Brooke Tract L.P., o Texas limited partnership, in document number 2006008362, Officio! Public Records of Nueces County, Texas. 75 0 50 100 � - URBAN DATE: Jan. 2, 2014 ENGINEERING SCALE: 1"=5O' vim' 5f_ JOB NO.: 16198.B3.01 .A.„.. 111°Er 141145 11185E Na 1002400 SHEET: 1 OF 1 PHONE.(361)854-3,n, PM'(361)854-EON DRAWN BY:BMR 0 2014 by Urban Engineering . . . Docfr- 2 0 1 4 0 1 4 4, Poses 8 02/14/2014 3:31PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Any nruvision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race? Color, Relision, Sex, Handicap: Familial Status, or National Oriyin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument wos FILED in file number senuence on the date and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Bnrreru :irk)-.71,) 6.4.06604,_ 1