HomeMy WebLinkAboutC2014-453 - 2/5/2014 - 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.
Release of Easement
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
WHEREAS,the area of the Easement that TLC Properties,Inc.would like to fully release from the
Easement is 58 sq. ft. area of the Easement premises shown in the attached Exhibits"B"and"C";
NOW THEREFOR SNOW ALL BY THESE PRESENTS, THAT, TLC Properties, Inc.
("TLC"),oft orporate Boulevard,Baton Rouge,East Baton Rouge Parish,Louisiana 70808,
the grantee/easement holder of certain easement rights granted under Document No.2008000179,
for and in consideration of$10.00 (TEN DOLLARS), to it in hand paid by the City of Corpus
Christi,("City"),the receipt of which is hereby acknowledged,have forever remised,released and
relinquished and by these presents do forever Remise, Release and Relinquish all that certain
easement interest created and established in said Exhibit "A" a certain tract of land situated in
Nueces County, Texas and being described as follows:
See the metes and bounds property description attached and incorporated as
Exhibit"B" and "C".
Executed in duplicate, each of which constitutes an original.
GRANTOR
The person signing this partial release of easement represents, warrants, and guarantees that
TLC Properties, Inc. is the record owner and grantee of the easement property rights originally
granted under Document No. 2008000179, and that the person signing this instrument has the
legal authority to act on behalf of and legally bind TLC Properties, Inc. for the purpose and
consideration stated.
TLC P s erties, Inc.
By: MOW
(signature)-
Print Name: 'ice -i t..41.AD
C2014-453 int Title: V P/6AM
2/05/14
1
TLC Properties Inc.
SCANNED
I eyAs •
THE STATE OF L-.0tTISIAI'clA §
Coo n.) ciects—
- i ' = e ' ' i §
This i strument was acknowledged before me on 2-7 , 20L�
byc,Ca
, ,•moi//
Notary Public in an. •r the State of Asiana
:moo;• �,� R. ANN RUCKSTUHI
Notary Public,State of Texas
4p,= My Commission Expires
[: '2t July 06, 2015
ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the
laws of the State of Texas, on 5
GRANTEE
CITY OF CORPUS CHRISTI, TEXAS
1201 Leopard Street
Corpus Christi, Texas.78401
Q
Daniel Biles, P.E.
Director of Engineering Services
2
•
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on JelAtedi , 20ff
by Daniel Biles, P.E., as Director of Engineering Services of the City of C us Christi, a Texas
municipal corporation, on behalf of said corporation.
QK,A4a.„4b€-t
N6 tary Public in and for the State exas
o�PP�....'e..; GLENDA L. GRASZ
Seal y4 Notary Public
[Seal] ', • _ STATE OF TEXAS
a °:�rgfoFn+P�` My Comm. Exp. 05-07-2016
r v v v v v v v v v v v v
APPROVED AS TO LEGAL FORM, THIS 6c4A, DAY OF , 26
1e.
FOR THE CITY ATTORNEY
By:
eronica Ocanas
Senior Assistant City Attorney
ATTACHED AND INCORPORATED BY REFERENCE:
Exhibit"A"—Grant of Easement
Exhibit"B"—Field notes; metes and bounds description
Exhibit"C"—Location Map
J:\GEN\6470 Holly Rd\Release of Easement.TLC Properties,Parcel l.doc
3
GRANT OF EASEMENT
*UNITED STATES OF AMERICA
BY:EAGLE LEASING,INC. w STATE OF TEXAS O R I G I N A L
Doc# 21308030179
TO: TLC PROPERTIES,INC. "COUNTY OF NUECES
** * * * * ** *** * ** ,Ii * ** * ** *** * * 0* * * * * * ,.* ** *** * **
This Grant of Easement("Agreement")is made this 26 7.4 day of December.zO07 by
and between EAQ1,13_,Lgte31NG.INc.,whose address_is 1 GOVAN DRIV$M l)LAND.
CITY, AL 36350 ("Grantor"), and TLC PROPERTIES, INC., a Louisiana Corporation,
whose address is 5551 Corporate Boulevard, Baton Rouge, LA 7080g (TIN: 72-
0640751)("Grantee").
The Grantor, its successors and assigns, do hereby grant, sell and convey unto
Grantee, its successors and assigns, a perpetual easement for the location and
construction of the outdoor advertising structure or structures (the "Sign Location
Easement"), which Sign Location Easement is described ott Exhibit"A", together with a
maintenance, utility, access, and visibility easement (the "Maintenance, Utility, Access
and Visibility Easement"), and all necessary or desirable appurtenances on, over and
upon the following described real property(collectively,the Sign Location Easement and
the Maintenance, Utility, Access and Visibility Easement are referred to herein as the
"Easement"),the property subject to the foregoing Easement is described on Exhibit"B"
(the"Property").
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration to Grantor in hand paid by Grantee,the receipt and sufficiency of
which is hereby acknowledged, Grantor herein grants perpetual Easement subject to the
following terms and conditions:
Easement shall consist of perpetual servitudes of use that run with
the land and shall include the right to service, maintain, improve, modify
the sign to have as many advertising faces, including changeable copy
faces or electronic faces, as axe allowed by local and state law or replace
any outdoor advertising structure on the Property described. The specific
location of the sign shall be limited to the Sign Location Easement area
described in Exhibit"A". This right shall include but not be limited to a
right of ingress and egress,a right of overhang for electrical service and a
right of view, prohibiting vegetation or improvements on the Property
described herein that would obstruct the view of advertising structure from
the adjoining highway, Grantor agrees that Grantee may trim any or all
trees and vegetation in, on or about the Easement as often as Grantee
deems necessary to prevent obstruction or to improve the appearance of
the structure. Grantee, its successors and assigns hereby speci$cally hold
Grantor, its successors and assigns, free and harmless from any damages
or injuries to any person or property caused by Grantee's construction or
maintenance activities on the Property described.
Exhibit A
Grantor warrants that it is the sole record owner of the immovable Property over
which these Easement are created, that such Property is not subject to any mortgages or
liens, that such Property is not encumbered by any restrictions, easement, covenants,
leases or other rights that are in any way conflicting with or inconsistent with the
conveyance herein made, and that Grantor has the right and authority to execute these
Easement and to grant,sell and convey the real rights set forth herein to Grantee.
In the event of condemnation of the subject premises or any part thereof by proper
authorities, or relocation of the highway, the Grantor grants to the Grantee the right to
relocate its sign on Grantor's remaining Property adjoining the condemned property or
the relocated highway. Any condemnation award for Grantee's property shall accrue to
Grantee.
The terms and provisions of this Agreement shall be binding upon and shall inure
to the benefit of the heirs, successors, assigns, and legal representatives of Grantor and
Grantee.
WITNESS this VA' day of December,2007.
WITNESSES: GRANTOR:
EAGLE LEASING,INC.
By:
gait/IA-04A)
ames Coleman,President
•
•
STATS OF A
COUNTY OF
ill On this,* day of December,2007, before me,
`'V,ar�� .11. .gltl�rl c�5 ,
(Printed name of Officer/hi Public)
the undersigned a Notary Public ,personally appeared
(Notary Public/Offiter)
)amen ColemanaresKera of A.aak Letting.Inc.
(Individual name(s)tbar appeared before Notary/Officer)
known(or satisfactorily proven)tome to be the person(s)whose name(s)
I 5 subscribed to the within instrument and acknowledged to me
(is/are)
that f4E executed the same for the purposes therein contained.
(be/she/they)
IN WITNESS WHEREOF,I hereunto set my hand and official seal
(Signature of Tar/Notaty Public)
\Ca _c
•; f • �: My CornrnEssion Expires
�, September 9,2008
fr
�"'?�'�4 itT:�;.G
This Instrument Prepared By:
Tames R.Mcllwain
5551 Corporate Blvd
Baton Rouge,LA 70808
EX/3/BIT"A-1"
STATE OF TEXAS SOD NO.07-1933
COUNTY OP NUECES
SIGN EASEMENTS
ALL that certain tract or parcel of land situated im Mecca County,Texas,same lying within the Corporate City[.units of Corpus
Crristi,Texas,came being out of Lots 1,2,3,4,5 and 6,Block 9,Cabanas Acres as recorded in Volume 10,Page 20 of the Map
Records of Nueces County,Texas and being more particularly described by metes and bormds as follows,to-wit
CASEMENT NO.ONE
COMMENCING al a point for the North collier of said Lot 1,same being the East corner of said Lot 2,same lying in the
Southwest right-of-way margin of Holly Road;
THEMM,along said Southwest right-of--way margin of Holly Road.SOUTH 61 degrees 30 minutes 00 seconds EAST 20.00
feet to a point for the North corner of this tract and being the place of beginning;
THENCE,continuing along said Southwest right-of-way margin of Holly Road,SOIJFI3 61 dagrees 30 minutes 00 seconds
EAST.55.00 foot to a 518 inch iron rod found for the Northeast comer of this tract,same being the point of intersection of said
Southwest right-td-way margin of Holly Road with the flare right-of-way of State Highway 286 South Access Road;
THENCE,along said flare right-of--way margin of State Highway 286 South Access Road,SOUTH 15 degrees 56 minutes 40
seconds EAST 14.04 feet to a 618 inch iron rod found for the East corner of this tract,same lying in the Northwest right-of-way
margin of State Highway 286 South Access Road;
THENCE,along said Northwest right-of-way margin of Stade Highway 286 South Access Road,SO11111 28 degrees 38 minutes
45 seconds WEST 39.98 feet to a point for the South corner o this tract;
THENCE,NORTH 61 degrees 30 minutes 00 seconds WEST 64.49 feu to a point for the West comer of this tract;
THENCE,t4ORTII 28 degrees 30 minutes 00 seconds EAST 50.00 fact to Boo place of beginning and containing 3185.5 square
feet of land,
EXHIBIT"A-2"
STATE OF TVCAS JOB NO.07-0933
COUNTY OF MJ ECES
STON EASEMENTS
ALL that certain tract or-parcel of 1and situated in Mears County,Texas,same lying within the Corporate City Limits of Corpus
Christi,Texas,seine being out of Lots 1,2,3,4,5 and 6,Bloat 9,Cabaniss Agee as recorded in Volute 10,Page 20 of the Map
Recorcis of Nueces County,Te cas and being more particularly described by metes and bounds as follows,to-wit:
EASEMENT NO.TWO
BEGINNING at a 5/8 inch iron rod sat for the East corner of this tract,same being the East corner of said Lot 4,same being the
North corner of said Lot3,same tying in the Southwest t-of weymargin of Holly Road;
THENCE,along the common boundary line of said Lots 3 and 4,SOUTH 28 degrees 30 minutes 00 seconds WEST 50.00 feet to
a point for the South corner of this tract,
THENCE,NORTH 61 degrees 30 minutes 00 seconds WEST 30.00 feet to a point for the West corner of this tract;
THENCE,NORTH 28 degrees 30 minutes 00 seconds EAST 50.00 feet to a point for the North corner of this tract,same lying in
said Southwest right-of-way margin of holly Road;
THENCE,along said Southwest right-of-way margin of Holly Road,SOUTH dl degrees 39 minutes 90 seconds EAST 30.00
feet to the place of beginning and containing 1500 square feet of land.
•
•
EXInBIT "A-3"
STATE OF TEXAS JOB NO.07-0933
COUNTY OF NUECES
SIGN EASEMENTS
ALL that certain tract or parcel of land situated At Nieces County,Texas,acme lying within the Corporate City Limits of Corpus
Christi,Texas,same being out of Lots 1,2,3,4,5 and 6,Block 9,Manisa Acres as recorded In Volume 10,Page 20 of the Map
Records ofNueces County,Texas and being more particularly described by metes and bounds as follows,to-wit:
EASEMENT NO.THREE
BEG.MINJNO at a 5/8 inch iron rod found for the North corner of this tract,same being the North corner of said Lot 6,same
being the East corner of Lot 7 of said Block 9,same lying in the Southwest right-of way margin of Ho/1y Road;
THENCE,along said Southwest right-of-way margin of Holly Read,SOUTH 61 degrees 30 minutes 00 seconds EAST 30.00
feet toe point for the East corner of this tract;
THENCE,SOUTH 28 degrees 30 minutes 00 seconds WEST 30.00 fat to a point for the South corner of this tract;
THENCE,NORTH 61 degrees 30 minutes 00 seconds WEST 30.05 feet to a point for the West corner of this tract,same lying in
the common boundary line of said Lots 6 and 7;
THENCE,along said common boundary line of said Lots 6 and 7,NORTH 28 degrees 33 minutes 22 seconds BAST 30.00 feet
to the place of beginning and containing 1541.2 square fetter(land.
•
-scrou•";'c No.-0"7202K25
Ex�r,oiarr ORiGINAL
EASEMENT ESTATE ONLY:
LOTS ONE(1),TWO(2),THREE(3),FOUR(4),FIVE(S)AND SIX(6),BLOCK NINE
(9),CABAN1SS ACRES a subdivision ha the City of Corpus Christi,Nueces County,Texas,
as per map or plat recorded in Volume 10,Page 20,Map Records of Nueces County,
Texas.
SAVE AND EXCEPT that portion of Lot One(I),Block Nine(9),of Cabaniss Acres,
conveyed to the State of Texas in Deed dated November 30,1992,recorded under Clerk's
Fiie No.853590,Official Public Records of Nueces County,Texas.
After Recoraing Return lo Doc# 2008000J.79
t Pages 7
San Jacinto Closing Offi^.e Offticiaa1 $Recordsiooff
7110 S. Staples, Suite B NflECFS COUNTY
•' orpus Christi.TX 7841:•; OW TYT RA
COWCUM
�3F#c 1 �,1;-0 foes 534.68
mages l S _
STATE OF TEXRS
COUNTY OF NIECES
1 hereby certify that this instrueent was FILED
is file nueber sequence on the date and at the
• tiee steeped herein by IP, and as duly RECORDED
in the Official Public Records of
Nueces County, Texas
CA •
AILIL)
DIANA T, RARERRA
WES COi RTY, TEXAS
Any provision herein Knict restricts the Sale, R
total or use
if the described REFI,PROPERTY because of Race,
Cairn,
Reliyion4 Sax, Handicap, Fanut&al Status, ar Nat
tonal Origin
is invalid and :ulenfarceab1e under FEOERRL L4 I,
3/;2/89.
_
Parcel 1
Holly Road—Greenwood to SH 286
#6470
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 58 Sq. Ft. of land out of Lot 1, Block 9, Cabaniss Acres
Subdivision as shown on plat thereof recorded in Volume 10, Page 20 of the Map
Records of Nueces County, Texas. This 58 Sq. Ft. Tract being more particularly
described by metes and bounds as follows:
BEGINNING at a Found 5/8" Iron Rod at the northwesterly corner of a tract of land owned by
the State of Texas as described in Document Number 853590 of the Official Public Records of
Nueces County, Texas, said point being 10.00' northwesterly from the original northeasterly
corner Lot 1, Block 9, Cabaniss Acres Subdivision as shown on plat thereof recorded in Volume
10, Page 20 of the Map Records of Nueces County, Texas;
THENCE S16°36'26"E along the southwesterly boundary line of said Land of the State of Texas
a distance of 14.08' to a Found Aluminum Disk stamped "City of Corpus Christi, Texas", being
the southeasterly corner of this tract;
THENCE S28°38'41"W along the northwesterly right-of-way of State Highway 286 a distance of
4.65'to a Set 5/8" Iron Rod stamped "City of Corpus Christi, Texas", being the southwesterly
corner of this tract;
THENCE N16°47'45'W through said Lot 1 a distance of 20.69' to a Set 5/8" Iron Rod stamped
"City of Corpus Christi, Texas", being the northwesterly corner of this tract;
THENCE S61°51'59"E along the southwesterly right-of-way of Holly Road a distance of 4.74' to
the POINT AND PLACE OF BEGINNING and containing 58 Sq. Ft. of land.
Bearings are with reference to GRID NORTH—Texas South Zone#4205 as per GPS
observations.
State of Texas
County of Nueces
I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, TX,
hereby certify that the foregoing field notes were prepared by me from a land survey made on
the ground under my direction. r:
This the 15111 day of January, 2013 I ••c;‘srE, •:}•
i�••,:Z• mos
E. c k
; RUSSELL D. OOHS
Russell D. Ochs \ ssO /
State of Texas License No. 5,241 / Exhibit B
-OSuR\J -
• DENOTES SET 5/8" IRON ROD BEARINGS ARE WITH REFERENCE TO
GRID NORTH — TEXAS SOUTH ZONE #4205 N
WITH PLASTIC CAP STAMPED AS PER GPS OBSERVATIONS.
"CITY OF CORPUS CHRISTI, eit%
TX" AT ALL CORNERS UNLESS 4����
NOTED OTHERWISE.
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EAGLE LEASING INC /
(CLERK'S FILE NO. 2007021430, O.P.R.N_C.T.) o/
CABANISS ACRES /L\ �o
VOLUME 10, PAGE 20 / \ r^
M.R.N.C.T. �`��CD
� ( V
RAREAS: /I/
TOTAL: 15,869 SQ. FT.
TAKING: 58 SQ. FT. 7
REMAINDER: 15,811 SQ. FT.
E
, MAP TO ACCOMPANY FIELD NOTES
20 0
20 40 Exhibit C
-a • NIONSIIMMIIMMIMI
Scale In Feet Revised Doter 12/26/2012 Removed title commitment note
PARCEL 1 CITY of CORPUS CHRISTI, TEXAS
HOLLY ROAD — GREENWOOD TO SH 286 Can Department of Engineering Services
a OWNER: EAGLE LEASING, INC. DOC. #2007021430 O.P.R.N.C.T. ,-- Survey Division 361-826-3500
z 2, Dot, 05/01/12 //W
BEING A TRACT OF LAND CONTAINING 58 SQ. FT. OUT OF D�,n g�.. R 0015 ilWD Ht 3\_NIXtY AT ArrAsi
o LOT 1, BLOCK 9, CABANISS ACRES AS RECORDED IN VOLUME checked Y D. 1°C;1151tt WC\P DMi;
t$ 10, PAGE 20, MAP RECORDS OF NUECES COUNTY, TEXAS. Project 6470 HOLLY ROAD(WEE/MOOD TO 91 286) S{EE 7 1 OF 1
AFTER RECORDING RETURN TO:
G '
CITY OF CORPUS CHRISTI
PROPERTY& LAND ACQUISITION DIVISION
P.O. BOX 9277
CORPUS CHRISTI,TEXAS 78469-9277
• DENOTES SET 5/8" IRON ROD BEARINGS ARE WITH REFERENCE TO •
GRID NORTH — TEXAS SOUTH ZONE #4205 N
WITH PLASTIC CAP STAMPED AS PER GPS OBSERVATIONS.
"CITY OF CORPUS CHRISTI, .' rl'•,
TX" AT ALL CORNERS UNLESS g�� ���t
NOTED OTHERWISE. %I,,,:i
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O 56 DOC. #853590
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EAGLE LEASING INCA / ��
(CLERK'S FILE NO. 2007021430, O.P.R.N.C.T.) 7o
CABANISS ACRES
VOLUME 10, PAGE 20 \ice �� \ r,�
M.R.N.C.T. / �C)
r ,_<v
AREAS:
/1/
TOTAL: 15,869 SQ. FT.
TAKING: 58 SQ. FT. ',Y
REMAINDER: 15,811 SQ. FT.
I MAP TO ACCOMPANY FIELD NOTES
N Exhibit C
2■ ■ ■ ■ ■ 0 20 40
■ ■ ■ ■ ■
Scale In Feet Revised Doter 12/25/2o12 Remove title commibnent note
r
PARCEL 1 CITY of CORPUS CHRISTI, TEXAS
2 HOLLY ROAD — GREENWOOD TO SH 286 ii+%4 Department of Engineering Services
"kg"k~ OWNER: EAGLE LEASING, INC. DOC. #2007021430 0.P.R.N.C.T. Survey Division 361-826-3500
z&
BEING A TRACT OF LAND CONTAINING 58 SQ. FT. OUT OF DrDote 05/07/72
Drawn BY R OCHE (ANS 3DDNN\HccOLLY AT AYERS
gk LOT 1, BLOCK 9, CABANISS ACRES AS RECORDED IN VOLUME c,,ec*ot o. R \ \\
F w 10, PAGE 20, MAP RECORDS OF NUECES COUNTY, TEXAS. Project 6470 HOLLY ROAD(GREENWOOD 70 SH 286) SHEETt OF t
05
Do'_T 203 4104688
Wages 14, 4
02/10/2014 10:59AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fags $6.3.00
Any provision herein which restricts the So.iey
Rental or use of the described
REAL PROPERTY because of Rucey Color/
Relisiony Sexy Handicap/ Familial Status/ or
National Origin is invalid and unenforceable
under FEDERAL LAW/ 3112/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date o.nd at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces Count Texas
Diana T. Barrera
7f 91,04,
f