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Home My WebLink AboutC2015-161 - 3/11/2015 - NA C oc4- 2015012261 • . 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 30-foot wide utility easement over and across a portion of Lots 7 & 8, 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. 2015-161 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 Partner __lam♦ .ncy G. "rs Manager STATE OF TEXAS § COUNTY OF NUECES § I T is instrument was acknowledged before me on the day of , 2015, by Nancy G. Summers, Manager of Seabreeze Ltd. Co., a Texas limi ed 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. �o,��,p„if e� Patty L Jbfoore`.. ‘ )11Notary Public I * state of Texas Notaryblic, State of Texas s, My Comm Exp '�or�� 017 Page 2 of 3 GRANTEE ACCEPTED or the Cit of Corpus Christi, Nueces County, Texas, by: 1 _�� S t\.1411 Va - H. Gray, '.E. Date Ex: ive Director of Pu,'lic Works STATE OF TEXAS § COUNTY OF NUECES § 46- This instrument was acknowledged before me on 11 114a,v1._day of , 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. 4444 .. "" .'e''; GLENDA L. GRASZ ':.."- Notary Public ``1• ,:I STATE OF TEXAS N to Public, State of Texas :�TgjF�F`E+P:` My Comm. Exp. 05-07-2016 ry vvvvvv -v—v• (� APPROVED AS TO LEGAL FORM: (IJ ?(ZJ l I , 2015. Julian :rant 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 UTILITY EASEMENT LEGAL DESCRIPTION 28,525 SQUARE FEET TRACT EXHIBIT "A" BEING a 28,525 square foot tract out of Lots 7 & 8, 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 southeast corner of Lot 3, Block 4,Monte Verde at Terra Mar Unit 1, as recorded in Volume 65,Pages 76-77, Map Records,Nueces County,Texas; THENCE South 28°37'37" West,a distance of 30.00 feet to a calculated point for the southeast corner of the herein described tract; THENCE North 61°23'08" West,parallel with and 20 feet south of the south line of said Monte Verde Unit 1 and the south line of Monte Verde at Terra Mar Unit 2, as recorded in Volume 68, Pages 134-135,Map Records,Nueces County, Texas, a distance of 950.84 feet to a calculated point on the east right-of-way of Ennis Joslin Road, for the southwest corner of the herein described tract; THENCE North 28°37'37" East, a distance of 30.00 feet to a calculated point for the northwest corner of the herein described tract, same being the southwest corner of Lot 15, Block 4, said E Monte Verde at Terra Mar Unit 2; THENCE South 61°23'08" East,with the south line of said Monte Verde at Terra Mar Unit 1 and Unit 2, a distance of 950.84 feet to the POINT OF BEGINNING and containing 28,525 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 . PZ G1S E FF Registered Professional Land Surveyor 9� *,. Texas Registration No. 6166 .* .4 STACEY KING MORA Naismith Engineering,Inc. �, 6166 .A ' TBPE F#355 TBPLS F# 100395-00 \,1,:;i F. Rvtiya Date: + 2bLS S:\9096 Holly Subd\28525SQFT UE-LEGAL.docx Page 1 of 1 I, • I O W 5W 0 100 200 ` 2 0 1 <'o 10 11 12 13 14 15 a5 1 GRAPHIC SCALE IN FEET ° ® ` J `` 16 MONTE VERDE AT TERRA MAR 1 ��I�� 0 I UNIT2 PAVO REAL STREET �Ve7') LC \ VOLUME 68,PAGES 134-135 M.R.N.C.T. MONTE VERDE AT TERRA MAR ��'�� •S h I \ s u� — — — — — — — — — — — — — — + I VOLUME UNIT 1 ES 76-77 2P Y.R. r O I — — mv.R M.R.N.C.T. y I z 1z5 14 13 1112 11 10 9 8 7 6 5 4 ® I I 14 W 16 ® '1 > Al lW 3 IW Ib 2 I �I I� ,s'�.E. ,S61° 23' 08"E 950.84' — — — — — I I� I L�'U.E. — N� I I • • • • J I 7 (�DITCH 29-7a WIDE N61° 23' 08"W 950.84' F- E15 I (DITCH 28-70'WIDE - �RO.W.DEDICATION DRAINAGE ROW SOUTH UNE OF LOT II, ECTII ON 27 SOl71H UNE OF LOT 7,SECTION 27 CENTERLINE DITCH 29 CENIERLME DITCH 29 RO.W.DEDICATION pp NORTH LINE OF LOT 70.SECTION 27 VOL 1922,PG 590 NORTH LINE OF LOT 9,SECTION 27 28,525 SQ. FT. L UTILITY EASEMENT — — — — — . - Line Table Line # Length Direction L1 30.00 S28' 37' 37"W L2 30.00 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 NaismithEngineeringInc adopted by the Texas Board of Professional Land Surveying. Cal , - ARCHITECTURE•ENGINEERING•ENVIRONMENTAL•SURVEYING A c T 4501 COLM AR ROr10 600 W 9TH SUITE 300 769E WASHINGTON 405 W POWER AVE -�i 4 F .=\ CORPUS CHRISTI,TX 76411 AUSTIN,TX 79701 BROWNSVILLE,TX 76S23 VICTORIA TO 77901 r PH:(361)614-9900 PH:(512)706-9322 PH:(956)541-1155 Pt!:(600)677-2831 - 51a /5•SQ'. iST.'- .yf,' GENERAL NOTES: low E-13551•'RIPE F-355•TVG T-50017•MRS P-100395-00•NHISM(IHENCINEERING.COM Stacey ra /*: * 1) ALL BEARINGS ARE GRID BEARINGS BASED ON 0 =CALCULATED POINT A 28,525 SQ.FT.UTILITY EASEMENT • Registered Professional Land Surveyo' THE TEXAS COORDINATE SYSTEM FOR THE • =IRON ROD FOUND OUT OF LOTS 7&8,SECTION 27 Texas Registration No.6166 1 STACEY KING MORA '' LAMBERT SOUTH ZONE (NAD83). POB=POINT OF BEGINNING FLOUR BLUFF&ENCINAL FARM&GARDEN S smora@naismith-engineering.com 6166 , 'A9v Pte• 2) METES AND BOUNDS DESCRIPTION TO M.R.N.C.T.=MAP RECORDS, TRACTS,ALSO BEING OUT OF AN EXISTING I Naismith Engineering,Inc. f.�'••PESS�a..'�@/ DRAINAGE DITCH KNOWN AS DITCH 29 ' ' Nn SI}RN��-4 ACCOMPANY THIS EXHIBIT. NUECES COUNTY,TEXAS T �A I�__ � SKM SKM ,"=100' �"1.111LITY£ASEMENT B.. Date: .Y1 11 rk_$ S q O a"sow 9096 o1-07-Is 0 • C►o._� 20155012261 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 KARA SANDS py r • From of Corpus Delft pment Services/ Special Servic z 2406 Leopard, Suite 103 Corpus Christi, TX 78408