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HomeMy WebLinkAboutC2014-400 - 11/17/2014 - NA Doc ` 01.qtr 046020 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 § Elbas Land Development, LLC. ("Grantor"), whose address is 711 N. Carancahua Street, Suite 1130, Corpus Christi, Texas 78401, 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 two 7.5-foot wide utility easements over and across a portion of the Elbas Land Development 17.74 acre tract being out of the Mckenzie Partition Tract, as shown on the deed recorded in Document No. 2011024672, Official Public Records of Nueces County, Texas, which description is attached to and incorporated in this document as "Exhibit A" and "Exhibit B" and depicted on the field notes location map attached to and incorporated in this document as "Exhibit C", 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. 2014-400 11/17/14 14 Elbas Land Development LLC 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. ELBAS LAND EVEL• .MENT, LLC.A TEXAS LIMITED LIABILITY COMPANY ////2/// Damon W. Per , Member Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , day of /I Veli b , 2014, by Damon W. Perrin, Member of Elbas Land Development, LLC., a Texas Limited Liability Company, on behalf of said company. — E Nota Public, State of exas"04 WOW t A MY COMMISSION EXPIRPS ' rt,2015 _ _i Page 2 of 3 GRANTEE ACCEPTED for the • of Corpus Christi, Nueces County, Texas, by: -1-^ 0. /7. /l Gusta o Gonzalez, 9.E. Date Assistant City Manager Public Works & Utilities STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on/7.aday of , 2014, by Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. , i ,r ''"' s EUSEBIO GARZA III j� ,*41 . 7 r: r: *= MY COMMISSION EXPIRES F February 14,2017 o -ry Public, State ooas •nit ' N1 APPROVED AS TO LEGAL FORM: (`t, „'�. ►Y'; ''� ! 2014. i r •.J Julian,; rant Senior Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" and "B"— Metes and Bounds Description Exhibits "C" — Field Notes Map AFTER RECORDING RETURN TO: JMajor Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 0.107 acre utility easement being out of the Elbas Land Development 17.74 acre tract being out of the McKinzie Partition Tract as described in a deed recorded in Document No. 2011024672, Official Public Records Nueces County, Texas. Said 0.107 acres being more particularly described as follows; COMMENCING at the intersection of Creek Side Drive and Creek View Drive. THENCE with the centerline of Creek View Drive, South 80°57'00" East, a distance of 123.45 feet to a point, THENCE South 09°03'00" West, a distance of 30.00 feet to a point in the south right of way of Creek View Drive, for the northwest corner of this easement,and for the POINT of BEGINNING. THENCE South 80°57'00" East,a distance of 7.50 feet to a 5/8" iron rod found for the northeast corner of this easement. THENCE South 09°03'00" West,a distance of 620.00 feet to a 5/8" iron rod found for the southeast corner of this easement. THENCE North 80°57'00" West, a distance of 7.50 feet to a point for the southwest corner of this easement. THENCE North 09°03'00" East,a distance of 620.00 feet to the POINT OF BEGINNING of this survey, and containing 0.107 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. f?0'n &&Z4Qt t- Ronald E. Brister, RPLS No. 5407 Date: October 3, 2014 • E.OF )* Q- 4 G : t1, 4, RONALD E BRISTER 3407 -r `••, 9 Oct- EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field Notes of a 0.011 acre utility easement being out of the Elbas Land Development 17.74 acre tract being out of the McKinzie Partition Tract as described in a deed recorded in Document No. 2011024672, Official Public Records Nueces County,Texas. Said 0.011 acres being more particularly described as follows; COMMENCING at the intersection of Shallow Creek Drive and Stonewall Boulevard,THENCE with the centerline of Stonewall Boulevard, North 80°5700" West, a distance of 130.95 feet to a point, THENCE South 09°03'00" West,a distance of 30.00 feet to a 5/8" iron rod found in the south right of way of Stonewall Boulevard, for the northwest corner of this easement,and for the POINT of BEGINNING. THENCE South 80°57'00" East,a distance of 7.50 feet to a point for the northeast corner of this easement. THENCE South 09°03'00" West,a distance of 61.23 feet to a point for the southeast corner of this easement. THENCE North 80°57'00" West,a distance of 7.50 feet to a 5/8" iron rod found for the southwest corner of this easement. THENCE North 09°03'00" East,a distance of 61.23 feet to the POINT OF BEGINNING of this survey, and containing 0.011 acres of land,more or less. Notes: l.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. t�.anaa2&.fyuctx Ronald E. Brister, RPLS No. 5407 Date: October 3, 2014 c'EOFCO ' T G1S * : o .. * • RONALD E BRISTER 5407 I '71:E5557.4044-f -fr°5+ EXHIBIT B M HILLS SUBDIVISION ����__�,�� UNTTS liet•'_-18elalpio Lo i=a!`�i' CREEK VIEW DRAT ) •L.67 PO,160 1©t i:'ii gloat Lb ~�`_ — r=`'°a'BACK Toa. :Seat ,C.7. tare �!�� as �OPOINT Ot BEGINNING - �.,ACX PAVEhaENTJ " MIR iar,4:#� air ^� E111111m ass A �rEW pRIV )�R ;rift owns im ib i11 1 i --: leo ar,',woo MAPLE HILLS un+on. :":(41'1 illilli . ry'is PHA 6- r •�iyi PHASE TWOrr._Ll��. r �srr^i or !I Mui.alli Aft at Mir i 111 I UN 31 f I LOrL _ 'lie NORTH ` u•"moi: = / I P4R MAP >r I HIUh�m.. tT2 J f I tOr>4 l 12.7roa. J I ! ,.r%qn. Lar.. 7 LI 1 Itatl I I irni f tar I 0.107 ACRE UTILITY ?'f """'r ! f EASEMENT p / ir I I ftil 1 SST TA ! I I Lr HILLS SUBDIVISION f � u:�7r4n. UN76 PHASE 1 tura ! GI I tO1 27 ! • VOL 67 PG.745 un twr. �''r tI M,R.N. T.ooro I' e\ = , , IaIPH SE ' ,,ki r'at 7as I 1 'i 1 1 S2M ran �Q ff r' " I i fI I tit: I uMw, I ! lit I &Tl nn. I I I fora z) ! _ ! ail/ c/Il �r. LOT D if.l.alr. u"� I NW i if la / J , MAP! ON R.61N.PC,C T..30 id to 1 I ungn. i I II.t1 i rats LtY 2, / NroFaEaINNING PAU.42 --- •-..- li ""` sT-°N�AuJou i I- -•. 1_ j - L---1-___(--------_, •• ~"� .�! i LINE TABLE ELLAS LAND DEVELOPMENT[LC u 0.011 ACRE UTILITY EASEMENT LINE LENGTH BEARING REMAINDER Of 17.74 ACRES OUT OFMCIOVDEPARt1AON TRACT L 1 7.50' S80.57+00-E DOC.NO.WI 1024672. L 2 61.23' 509•03DLTW 1AL PUBLIC RECORDS.NUECES COUNTY.-TEXAS 1.3 7.50' NBO•5700'w y{P Sin E E•.:11 ,.,: L 5 6-50 N09'03'T E L 5 7.50' S80.57T)0"E * } * L 6 62;).00' S09.03b0'W NOTE: A METES AND BOUNDS DESCRIPTION OF L 7 7.3S N80.57TX W �' RONALD E QRISTER EQUAL DATE ACCOMPANIED TNS SURVEY, L B 620.07 N09'O3 E 540T �f EXHIBIT IT 0FOUND IRON ROD .f{EF5S.1a . t iU � - • SET IRON ROD u..[ nMAPLE HILLS PHASE 2- EASEMENTS /, / Ave REVISION DATE ELMS DEVELOPMEWLLC Pitt r(.� watn WN KHR Walt • II t - 3 - j KM MASKS Taosnt EASEMENTSsuu ° 001 222 7'700' t•.. Dort 2014114E1020 t Pages 7 11/26/2014 9:29AM Official Records of NUECES COUNTY MS. DIANA T. BARRERA COUNTY CLERK Fees $39.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, 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 I 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 ,OM : MS. DIANA T. BARRERA rC r of Corpus viiti ittiii(1\7).) - De gadt pment Services/ Special Service 2406 Leopard, Suite C0 G,Npus Christi, TX 78408