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Home My WebLink AboutC2015-160 - 3/11/2015 - NA r , i, v , • Dac 2015012127 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 § BAYBREEZE DEVELOPMENT, L.P., a Texas Limited Partnership ("Grantor"), whose address is 400 Mann Street, 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 under and along a certain tract of land situated in Nueces County, Texas, and being described as follows: Field note description of a 20-foot wide utility easement over and across a portion of Lots 6 & 7, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, as shown on the map recorded in Volume A, Pages 41-43, 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." 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 underground utility lines on said 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. All utilities shall be placed underground a minimum of three (3) feet in depth in order to avoid interference with the continued use of the surface of the Premises. 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. 2015-160 3/11/15 Page 1 of 3 Baybreeze Development 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. Grantor has executed and delivered this Easement and has granted, sold and conveyed this Easement, and Grantee has accepted this Easement, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES AS TO FITNESS OR CONDITION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER AS TO FITNESS OR CONDITION, except the special warranty of title expressly set forth herein. BAYBREEZE DEVELOPMENT, L.P. By: Hogan Development Company, L.P. Its General Partner By: Seabreeze Ltd. Co. Its General Pa ■er B ,_AV . .. ,_ . ►a.l - cy mer" Manager s STATE OF TEXAS § § COUNTY OF NUECES § n 's instrument was acknowledged before me on the "l q Tday of 2015, by Nancy G. Summers, Manager of Seabreeze Ltd. Co., a exas limited liability company, acting as general partner of Hogan Development Company, L.P., a Texas limited partnership, acting as general partner of Baybreeze Development, L.P., a Texas limited partnership, on behalf of said partnership. , v ue, »,.Paoty y PuDore ` Notary PA ' vY - CL ; � ) blic state of Texas Notary Pu 9 c, State of Texas my Comm Exp 11/29/2017 Page 2 of 3 GRANTEE ACCEPTED for the Ci of/ orpus Christi, Nueces County, Texas, by: Ail 1 I (9) \ kith., (1.y( Vale . Gray, P. . Date Exec e Director o ' •lic Works STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 1 Vm, day of 14/6.4— , 2015, by Valerie H. Gray, P.E., Executive Director of Public Works, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. .......... ..... ..4 *.. " " =°<PAY'.B" ._ GLENDA L. GRASZ > Att-4 .1..*:...?, ` ° Notary Public STATE OF TEXAS > ',-;.;:" .- 4.. My Comm. Exp. 05-07-2016 ( Notary Public, State of Texas -.;:".4..- 4... vvvv vvv� APPROVED AS TO LEGAL FORM: I/JftIcJ / I , 2015. ✓yam/' Julia / rant Seni•r 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 UTILITY EASEMENT LEGAL DESCRIPTION 15,700 SQUARE FEET TRACT EXHIBIT"A" BEING a 15,700 square foot tract out of Lots 6 &7, Section 27,Flour Bluff&Encinal Farm& Garden Tracts as recorded in Volume A, Pages 41-43, Map Records,Nueces County, Texas, also being out of an existing drainage ditch known as Ditch 29, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found for the southwest corner of Lot 24, Block 1, Los Arboles at Terra Mar Unit 2, as recorded in Volume 67, Page 254,Map Records,Nueces County,Texas, same being a point on the east line of Lot 5, Section 27,Flour Bluff&Encinal Farm&Garden Tracts,as recorded in Document No. 2013020672, Deed Records,Nueces County,Texas,and the west line of said Lot 6; THENCE South 61°26'10" East,with the south line of Los Arboles at Terra Mar Unit 2, a distance of 785.00 feet to a calculated point for the southeast corner Lot A, Block 6, Los Arboles at Terra Mar Unit 2, same being the northeast corner of the herein described tract; THENCE South 28°37'37" West, a distance of 20.00 feet to a calculated point for the southeast corner of the herein described tract; THENCE North 61°26'10" West,parallel with and 20 feet south of the south line of said Los Arboles, a distance of 785.00 feet to a calculated point for the southwest corner of the herein described tract; THENCE North 28°37'37" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 15,700 square feet. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983. Stacey King Mora,RPLS !.ti ;O FF -� Registered Professional Land Surveyor Ari: es'.- . ' Texas Registration No. 6166 •3TAC6Y KING MORA I. Naismith Engineering,Inc. VA)", s G16o � T TBPE F#355 TBPLS F# 100395-00 'sig Date:-Zgvu,a4 2 015 S:\9096 Holly Subd\15700SQFT UE-LEGAL.docx Page 1 of 1 ti 0 100 200 21 w I I cc GRAPHIC SCALE IN FEET I N I I wre s 22 0 LO3ARSOLES AT TERRA MAR UNIT 2 q VOLUME 87,PAGE 202 MAN.C.T. Q ol _ 16 15 14 13 12 11 10 9 D -2 Q ��N'�� .6 23 a ` - - - - - - - - i 4 m Q •P 4 7$ z Gg— • ARBOLITO STREET zO ce SWF-_Z \\ ` i CD J NM 1 i NYY.R _ _ N 1 _ 10'V.R \ 5 I J g/ S 24 LOS ARBOLES AT TERRA MAR UNIT 2 \ I d VOLUME 67,PAGE 254 M.R.N.C.T. Z RI 25 26 27 28 29 8 8 7 6 m'f\ O w POINT OF w l 1 10 \COBEGBJNING� ® is U.e. S6''O 26' '�U�EE 785.00' • 6'U.E.�� Nom" • • • •• • •1 • • Iv— J J • �BSORNNAGE EASEMENT D DITCH 29-60'WIDE� N61° 26' 10"W 785.00 VOL.1922,PG 5138 1'1N 57.PUS.201-202,3N VOL 8],PGS.201-202,M.RN,GT. SOUTH LINE OF LOT 9 SECTION 27 CENTERUNE DITCH 2CENTERLINE DITCH 20 SOUTH UNE OF LOT 7,SECTION 27 NORTH LINE OF LOT 11,SECTION 27 NORTH UNE OF LOT 10,SECTION 27 - - - - _ 15,700 SQ. FT. UTILITY EASEMENT — __ Line Table Line # Length Direction Li 20.00 S28' 37' 37"W L2 20.00 N28' 37' 37"E I,Stacey King Mora,Registered Professional Land Surveyor, hereby certify that this survey was prepared from an actual on the ground survey made under my direction and supervision, EXHIBIT"B" and represents the facts found at the time of survey,and that this survey substantially complies with the current standards Naismith Engi neeri n Inc adopted by the Texas Board of Professional Land Surveying. 9, ARCHITECTURE•ENGINEERING•ENVIRONMENTAL■SURVEYING 4501 CA111HM ROAD SAW 8T11 SUITE 300 789 E WASHINGTON 405 W POWER AVE O F _ORPUS CHRISTI,TX 78411 AUSTIN,TX 78701 BROWNSVILLE,TX 78533 VICTORIA,TX 7790 W. ' ' TFC\ GENERAL NOTES: PH:(360 814.9903 RI:(513)701293ZZ PH:(956)541-1155 PH:(800)677-2831 1P•'�i s t fq'•.q 'MAE F-13553•TBR:F.255,TOPS F-50017•T8R5 F-100395-00■NAISMRH£NGLNFERING COM 6414' .�..PE A F•P..•�,, Stacey K' Mo 1) ALL BEARINGS ARE GRID BEARINGS BASED ON Q =CALCULATED POINT A 15,700 SQ.FT.UTILITY EASEMENT Registered Professional Land Surveyor,,,;iT: • '' THE TEXAS COORDINATE SYSTEM FOR THE • =IRON ROD FOUND OUT OF LOTS 6&7,SECTION 27 Texas Registration No.6166 STACEY KING MORA , LAMBERT SOUTH ZONE (NAD83). - smora@naismith-engineering.com POB=POINT OF BEGINNING FLOUR BLUFF&ENCINAL FARM&GARDEN ' 6166 �: 2) TRACTS,ALSO BEING OUT OF AN EXISTING Naismith Engineering,Inc. !�•p°A•_'f'ss0.-'�Q•i ACCOMPANY BOUNDS X DESCRIPTION TO M.R.N.C.T.=NUECES COUNTY,TEXAS DRAINAGE DITCH KNOWN AS DITCH 29 • Date: 9 12015 -_ +0 SUfi�1Ey a.."5P SKM AP'' SKM 1=100• °"°uriuTY-EASEMENT'"" , .«m Br.SKM en'''"'.9096 01-07-15 0 cv 1 Doct 2015012127 Pages 6 04/02/2015 11:2001 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Statu,-i, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/39. 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 bs me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS r:Hn.Ft q t,;11,)--.��_ m) 4-1-)41-121.- From: 9 '-Tram: , of Corpus C.nristi De seipment Services/ Special Services 2406 Leopard, Suite •:17j Glrpus Christi, TX 78408