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Home My WebLink AboutC2015-168 - 4/1/2015 - NA ,L)C7�" ,gym. 201ci01226-) it 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 § D&E Development Corporation ("Grantor"), whose address is 1038 Hill Country Drive, Edinburg Texas 78539, 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 a 15-foot wide utility easement over and across a portion of Lots 4, 5, and 6, Section 20, 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 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. 2015-168 4/01/15 4 D&E Development Corporation 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. D&E DEVELOPMENT CORPORATION "1,. ^/!- /S Edward L. Ciccone, Sole Director Date STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /1 day of MIA,(1) 2015, by Edward L. Ciccone, Sole Director, of D&E Development Corporation, on behalf of said corporation. TINA °;Pee�;. ERNES BELTRAN Notary Public, State o Texas r° `•� = Notary Public •+ STATE OF TEXAS k* ----�. S; My Comm. Exp. 12-12-2018 Page 2 of 3 • GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: VO -L1)10( f/V15— Valerie H. Gray, P. - Date Execut1 a Director of Pubic Works STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1- 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. No ary Public, State of Te APPROVED AS TO LEGAL FORM: ��II 2 , 2015. f)-tA-r.if 61/t=ce thiliaLGrant-6 c Brice 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 • • Consent To Utility Easement Dated: March 11, 2015 Owner: D&E Development Corporation Lienholder: Mauger Developments Limited(by transfer of lien, dated August 14, 1997, recorded under Doc# 1997029860) Property: Lot 6, Section 20, Flour Bluff&Encina!Farm And Garden Tracts Nueces County, Texas Lienholder CONSENTS to the granting of a utility easement to the City of Corpus Christi. A copy of the utility easement agreement, and description of the easement property, is attached to this consent. Lienholder CONSENTS to any amendments or supplements to the utility easement,including, but not limited to,any changes or modifications to the description of the easement property,and any amendments or supplements to the terms of the easement agreement. Mauger D- opments ' imited Philppe Pas;:r!% :rney& agent in fact Tanner Consulting, LLC 5323 SOUTH LEWIS AVENUE • TULSA. OKLAHOMA 74105 • (918)745-9929 Exhibit "A" 0.401 Acre Utility Easement Description STATE OF TEXAS COUNTY OF NUECES FIELD NOTES, FOR A 0.401 ACRE, 15.00 FEET WIDE UTILITY EASEMENT, OVER AND ACROSS, LOTS 4, 5 & 6, SECTION 20, 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; SAID 0.401 ACRE TRACT BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD, WITH A RED PLASTIC CAP STAMPED "URBAN ENGR CC TX", FOUND AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK 1, THE VINEYARDS UNIT FOUR, A MAP OF WHICH IS RECORDED IN VOLUME 68, PAGES 318-318, MAP RECORD OF NUECES COUNTY,TEXAS; THENCE, NORTH 61'18'04" WEST FOR A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THIS TRACT; THENCE, SOUTH 28'41'56" WEST FOR A DISTANCE OF 15.00 FEET, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE, NORTH 61'18'04" WEST FOR A DISTANCE OF 1176.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SARATOGA BOULEVARD (STATE HIGHWAY 357) AS PRESENTLY LOCATED, FOR THE SOUTHWESTERLY CORNER OF THIS TRACT; THENCE, NORTH 88°47'17" EAST,ALONG SAID SOUTHERLY RIGHT-OF-WAY, FOR A DISTANCE OF 30.08 FEET TO A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND AT THE NORTHWESTERLY CORNER OF THIS TRACT; THENCE,SOUTH 61°18'04" EAST,AND CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, FOR A DISTANCE OF 1150.54 FEET,TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.401 ACRES(17,450 SQUARE FEET)OF LAND. Basis of Bearing THE BEARINGS SHOWN HEREON ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE(4205), NORTH AMERICAN DATUM 1983(NAD83). --"• c°." ' jr s _/1. 0044 '2.2410%5 oRN°EDWIN"1mim .. DAN E.TANNER, P.E. DATE °X67488 TEXAS P.E.#67488 °�' TEXAS CA#F-4367 o��S$ONA• L aG\� EXPIRATION DATE: 12/31/15 2/23/2015 13070EX_20150223_U11LITY EASE • c NpEti O `\ I I'. y' ---- -- R° M,F 9e < e L h Noir a• o y, k ( fn NORTH ` �9t // \ ..� 0 it," db LOCATION MAP N.T.S. h / 3 it," COUNTY OF NUECES r� r°°ked CITY OF CORPUS CHRISTI ,' c , 0 �` a -,,,,,\ MOns�edLy ° CI C ‘-.c.°'''( r \� yOstrn \� V q90, I GAO F mOn: pn, 9s ren I �I�f7 F �9t° ac /oc 4,_ �; sin , c9, (Or,,,, \ / y e / ,Q � p r" / o c.O F O•Not. •rO y J� o d� c Oto. I \ TXDOT LEGEND N88'47'17"\ MONUMENT POB POINT OF BEGINNING 30.08' POC POINT OF COMMENCEMENT l'IN 4 0 100 200 300 \\ \ COf( �`-RIGHT—OF—WAY 1 \\ /e LINE NORTH v� I .i , �� Scale: 1"= 200' \\ o 4O T2 LOT 4 \ \ 1� Sq� Sect'o 8 / q T X 79 15' UTILITY \\ 7� O\ EASEMENT �/ \�\\� '9 e<\ / 8'• .. o • 4/67��6\\F' \ 7 \\ e Off, T 2) D&E Development \\ J / 40.733 Acres \\\ POB N61'18'04"W Vol. 2337 Pgs. 334-335 / 7.50' / Official Public Records \� Nueces County, Texas 5PQ RON ROD LOT 5 c \ Section 20 // S28"4-1'56"W Flour Bluff and Encinal Farm and Garden Tracts o / / 15.00' \ Vol.A Pgs. 41-43 Official Public Records 15' Utility Easemen Nueces County, Texos /�__ as ecord1d—Vol. 65 / tOT 6/ / / The Vineyards Unit Four, �'' T Block 1, Lot 1 PSE Of°1 L� 15.65 Acres Exhibit "B" ��O �� °qU' Vol. 68 Pgs. 318-319 Sketch to Accompany *° �� oil Official Public RTexas •°°°°°°°°°°°°°° . Nueces County, Texas FIELDNOTES,for a 0.401 Acre, •DAN EDW0IN T0ANNER 15'wide utility easement, over and across ''8 ° e Lots 4, 5 & 6, Section 20, Flour Bluff coxF . •° o °°��` and Encinal Farm and Garden Tracts, 'Zj a map of which is recorded in Volume A, �l- 2 Pages 41-43, Map records of Nueces County, Texas Tanner Consulting, LLC 2/23/2015 13070EX_20150223_UTILITY EASE 5323 SOUTH LEWIS AVENUE • TULSA, OKLAHOMA 74105 • (918)745-9929 Doc* 201.'9012262 Pages 7 04/03/2015 10:+►8AM Official Records of NUECES COUNTY KARA SANDS 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 KARA SANDS Erk f,y.