HomeMy WebLinkAboutC2015-204 - 5/26/2015 - NA • • r
20 1 Sit 11 9660
SIDEWALK EASEMENT
THE STAl'E OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That National Retail Properties, L.P., a Delaware Limited Partnership, with a principal
office at 450 South Orange Avenue, Suite 900, Orlando, Florida 32801, hereinafter referred to
as "Grantor," for and in consideration of the sum of ten dollars ($10.00) and other good and
valuable consideration paid to Grantor by The City of Corpus Christi, Texas of 1201 Leopard
Street, Corpus Christi, Nueces County, Texas 78401, hereinafter called "Grantee," the receipt
and sufficiency of which are hereby acknowledged and confessed, subject to the Terms and
Conditions and to the Exceptions to Conveyance and Warranty, GRANTS and CONVEYS unto
the Grantee, a Texas Home Rule municipal corporation, its successors, and legal representatives,
a perpetual easement for public sidewalk purposes only, including the right to construct,
maintain, inspect, replace, and remove said public sidewalk as described herein along, across,
and over, that certain tract or parcel of land in Nueces County, Texas, described by metes and
bounds in Exhibit"A" attached hereto, and Exhibit"B" attached hereto, (collectively, "Easement
Property") both Exhibits being incorporated herein by this reference for all purposes. Said
Easement is fourteen and 62/100 feet (14.62') in width and intended for the installation of one
five-foot(5')public sidewalk by the City of Corpus Christi.
Terms and Conditions:
1. The Grantee will have the right of ingress to and egress from the Easement Property from
public roads, which rights of ingress and egress will be limited to the boundaries of the
Easement Property and such right of ingress and egress shall be on the terms and
conditions herein. Grantee does not have the right of ingress to, or egress from, thft ugh,
or over Grantor's other land which is adjacent to, but outside,the Easement Property.
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National Retail Properties INDEXED
2. Grantee shall have the right to cut, trim, and remove trees, brush, weeds, or shrubbery,
which may interfere with the sidewalk to be constructed within the Easement Property
only to the extent such trees, brush, weeds, or shrubbery interferes with the sidewalk
easement granted herein.
3. Grantee expressly agrees not to remove, alter, modify, or otherwise interfere with the
primary monument sign, landscaping, driveways, parking field, and any other
improvements, that currently exist along Navigation Street which are outside the
Easement Property.
4. Grantee agrees that Grantors, its successors, assigns, and representatives, may have full
access across the Easement Property to Navigation Street as it currently exists at the time
this Sidewalk Easement is executed.
5. Grantee shall not construct and maintain any other public utilities within the Easement
Property in addition to the sidewalk.
6. To the extent that Grantee's initial installation, repair,maintenance and/or replacement of
the sidewalk within the Easement Property disturbs the surface of Grantor's Property,
including any improvements thereon, whether now or in the future, Grantee shall
promptly: (a) restore the surface except for the area used as a sidewalk as nearly as
practicable to the contour and condition which existed immediately prior to the
commencement of any work by the Grantee; (b) repair, replace, and/or restore any
improvements on Grantor's Property affected by Grantee's working thereon; (c) repair in
a good and workmanlike manner any and all landscaping, grasses, tress, shrubbery,
parking surfaces, paving, drainage, and irrigation which are damaged by Grantee; (d)
• restore or pay Grantor for any damages caused by Grantee or its agents, servants,
employees, contractors, or subcontractors to persons and/or property, including without
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limitation, Grantor's landscaping, grasses, trees, shrubbery, drives, parking surfaces,
pavement, and other improvements.
7. Grantee will be solely responsible for the design and construction of the sidewalk within
the Easement Property, the maintenance, and repair thereof, and any damages resulting
from the activities of Grantee or Grantee's employees, agents, contractors, customers or
invitees. Grantee will undertake to construct the sidewalk within the Easement Property
in a manner, and on a schedule, to minimize any disruption to Grantee's business
activities.
8. Grantor retains, reserves, and shall continue to enjoy the use of the Easement Property
for any and all purposes, which do not interfere with or prevent the use by Grantee of the
easement rights, and privileges granted herein, which uses shall expressly include without
limitation, the right to cross the Easement Property with any driveway(s), construct
paving, parking, and landscaping (grasses, trees, and shrubs) within the Easement
Property — without Grantee's permission or consent— so long as such improvements do
not interfere with Grantee's use of the Easement Property, subject to all applicable laws
and regulations of the State of Texas or its political subdivisions, including Grantee.
Exceptions to Conveyance and Warranty:
1. The conveyance is made by Grantor and accepted by Grantee subject to any and all
existing title encumbrances, mortgages, deeds of trust, easements, covenants, rights-of-
way, conditions, restrictions, outstanding mineral interests and royalty interests, if any,
relating to the Easement Property, to the extent, and only to the extent, that the same may
still be in force and effect, and either shown of record in the office of the County Clerk of
• Nueces County, or that may be apparent on the Property. •
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2. Grantee does not acquire by this easement, but expressly takes subject to and reserves to
Grantor, all "minerals," i.e., sulfur, oil, gas, and other liquid hydrocarbons under the
easement, but providing that Grantee and its heirs, executors, administrators, successors
and assigns shall have no right to enter upon said easement for the purpose of exploring
for or extracting or removing said"minerals."
3. Grantee acknowledges and agrees that(a) any information provided to Grantee pertaining
to the Easement Property by Grantor has not been independently investigated or verified
by Grantor, (b) Grantor has not made any representations or warranties as to the accuracy
or completeness of such information, and(c) Grantor is not liable or bound in any manner
by any written or verbal statement, representation, report, survey, or information
furnished to Grantee, or made by any party with respect to the Easement Property or the
easement interests hereby conveyed. Grantee specifically agrees that Grantee is relying
solely upon Grantee's own investigation of the Easement Property and not on any
information provided by Grantor. Grantee also agrees that it has acquired the Easement
Property in its current as-is condition, and has assumed the risk of any condition which is
latent or patent or that could have been revealed by its investigations. Grantor has not
made any representations or warranties whatsoever as to the value, condition, nature,
character, or fitness of the Easement Property. Grantee expressly waives and releases
any claims against Grantor and its parent, affiliates, officers, directors, employees and
representatives relating to the presence or absence of any hazardous material or other
environmental condition or compliance of the land with, or violation of any law, statute,
ordinance, rule, or regulation, and any such representations and warranties, and any
• claims or causes of action against Grantor based on any violation of, or arising with
respect to, any federal, state, or local statute, ordinance,rule, or regulation.
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•
TO HAVE AND TO HOLD the above described easement unto the said Grantee, its
successors, assigns, and legal representatives. Grantor hereby agrees that this Dedication of
Easement shall run with the land and be binding upon Grantor as the fee owner of the Land and
upon any future owner of the Land. Grantee hereby agrees that the terms and conditions of this
Sidewalk Easement shall be binding upon Grantee and any of its successors, assigns, and/or
representatives.
EXECUTED this'kV day of 4//tifly ,2015.
GRANTOR: NATIONAL RETAIL PROPERTIES,L.P.
BY: See AO-et/he-4 5 j tPe aeCK
GRANTEE: CITY OF CORPU CHRISTI, TEXAS
BY: 1
vaen- '. Gay, P..E.
ADDRESS OF GRANTOR: E 7.,cutive Dir_ .r .f Public W.,rks
National Retail Properties,L.P. C-21_ 15
450 South Orange Avenue, Suite 900 Approved as to form: 7
Orlando,Florida 32801 //
4110,„.• �I Z � /
ADDRESS OF GRANTEE:
Assistant City Attorney
The City of Corpus Christi For City Attorney
Capital Programs
1201 Leopard Street, 3rd Floor
Corpus Christi,Texas 78401
Attachments: Exhibit"A”—Metes and Bounds of Easement Property
Exhibit"B" - Sidewalk Easement, Survey Plat of Easement Property
•
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•
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared,
of NATIONAL RETAIL PROPERTIES, L.P., known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of
, 2015.
ifs Mo+at
Notary Public In and For the State of Texas
My Commission Expires:
(SEAL)
THE STATE OF TEXAS §
COUNTY OF tlt tLS §
BEFORE ME, the undersigned authority, on this day personally appeared,
V0.1 Grit N A ray of CITY OF CORPUS CHRISTI, TEXAS, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this c('day of
2015.
;,oPaY:PB�;• GLENDA L. GRASZ otary Public In and For the S to of Texas
♦ ••`° Notary Public
`( STATE OF TEXAS
sq •..... +P�` My Comm. Exp. 05-07-2016 My Commission Expires: 6/77/40
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(SEAL)
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US 3395548v.1
•
GRANTOR
NATIONAL RETAIL PROPERTIES,L.P.
A Delaware limited partnership
By: NNN GP Corp., a Delaware corporation,
As general partner
By: /
Name: /Paul •.Ba -
Title: Executive Vice President
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 3 day of
2015 by Paul E. Bayer , as Executive Vice President of NNN GP orp., a
Delaware corporation, general partner of NATIONAL RETAIL PROPERTIES, L.P., a
Delaware limited partnership, on behalf of the partnership. He is personally known to me.
I, ,1�
No Public—State of Florida
Print Name: Kella Schaible
Commission Number:
Commission Expires:
KELLA SCHAIBLE
aks 14 Commission#EE 851262
Expires March 11,2017
ter. ,. Bonded ThN Troy Fein Insurance 8004857019
•
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US 3395548v.1
LNV, inc.
Engineers & Consultants
801 Navigation Blvd.,Suite 200
Corpus Christi,Texas 78408
Sidewalk Easement—0.057 Acres
Field notes to describe the boundary of a 0.057-acre tract of land out of Tract M of the Savage Lane
Addition as recorded in Volume 32,Page 128 Map Records,Nueces County,Texas,said 0.057-acres being
described in a deed to National Retail Properties, LP, as recorded in Document #2011043778, Official
Records,Nueces County,Texas and being out of a portion of the Enriquez Villarreal Survey,Abstract 1,in
Nueces County, Texas, said 0.057-acre tract being more particularly described by metes and bounds as
follows;
Beginning at a 5-8" iron rod found on the east right-of-way line of Navigation Boulevard (right-of-way
varies), said iron rod having Texas State Plane Coordinates of X= 1322714.92 and Y— 17182013.15, for
the northwest corner of Lot 1-L of the Savage Lane Addition as recorded in Volume 47, Page 70, Map
Records,Nueces County, Texas, for the southwest corner of said Tract M, for the southwest corner of the
herein described tract and for the Point of Beginning;
Thence North 13°23' 34" West, along the existing east right-of-way line of said Navigation Boulevard,a
distance of 84.96 feet to a point for an exterior corner of the herein described tract;
Thence North 76° 36' 26" East, a distance of 6.50 feet to a point for an interior corner of the herein
described tract;
Thence North 44° 28' 53" East, a distance of 15.40 feet to a point for an interior corner of the herein
described tract;
Thence North 12° 53' 15" West, a distance of 5.38 feet to a point for an interior corner of the herein
described tract;
Thence North 85° 35' 36" West, a distance of 13.73 feet to a point for an interior corner of the herein
described tract;
Thence South 76° 36' 26" West, a distance of 6.51 feet to a point for an exterior corner of the herein
described tract;
Thence North 13°23' 34"West,along the existing east right-of-way line of said Navigation Boulevard,a
distance of 53.63 feet to a point for the intersection flare of said Navigation Boulevard and Interstate
Highway 37(right-of-way varies)for the northwest corner of the herein described tract;
Thence North 37°49'48"East,along said intersection flare,a distance of 19.83 feet to a 5.8"iron rod set
for the P.C. of a non-tangent curve from which the radius bears North 37° 49' 48" East for the northeast
corner of the herein described tract;
Thence in a Southerly direction, with the arc of said circular curve to the left, whose Central Angle is 02°
32' 27",whose Radius is 1045.59 feet, and Arc Distance of 46.37 feet to a 5/8" iron rod set for the P.T.of
said curve for an interior corner of the herein described tract;
Thence South 13° 27' 13" East, being 54.00 feet east and parallel to the new centerline alignment of
Navigation Boulevard,a distance of 12.69 feet to a point for an interior corner of the herein described tract;
EXHIBIT A
Thence North 76° 32' 47" East, a distance of 11.75 feet to a point for an exterior corner of the herein
described tract;
Thence South 13° 27' 13" East, being 65.75 feet east and parallel to the new centerline alignment of
Navigation Boulevard,a distance of 30.67 feet to a point for an exterior corner of the herein described tract;
Thence South 76° 32' 47" West, a distance of 11.75 feet to a point for an exterior corner of the herein
described tract;
Thence South 13° 27' 13" East, being 54.00 feet east and parallel to the new centerline alignment of
Navigation Boulevard, a distance of 78.87 feet to a 5/8" iron rod set on the common line of said Tract M
and said Lot 1-L for the southeast corner of the herein described tract;
Thence South 75°50' 16" West, along the common line of said Tract M and Lot 1-L, a distance of 14.62
feet to a 5/8" iron rod found for the southwest corner of the herein described tract and for the Point of
Beginning.
Containing 0.057 acres of land(2,464 sq.ft.),more or less.
State of Texas
County of Nueces
I, Robert M. Viera, a Registered Professional Land Surveyor of LNV, Inc., hereby certify that the
foregoing field note description was prepared from information of record and a survey made on the ground
under my direction and supervision.
This the .ay of 'Pc a 2015. • .
,44 ' G 'Q'�O*RFO:9N
Ro e = M.Viera ROBERT M. VIERA •
Sta of Texas Lic.No.6178 : 617$
: q 4- f
.9tiv. �?
,. sxyo .
EXHIBIT A
I.H. 3 7 576.36'26"W
RIGHT-OF-WAY VAR!f'S 6.51'
A W �_ 1
EXIST R.O.W._777.................
- Row �- t,� N12'S3'15"W
Row _ 85'35 36 5.38'
N /1/2----
/ 13.73
SCALE: 1"=40' — EXIS' R.0 W
.7:7I 4j'S
O 2O' B.L. /4=02'32'27" A / a. N76'36'26"E t? 43. 1 t , fi
R=1045.59 6.50 t
T=23.19' 't,, \
L=4637
tib / EXIST CANOPY INSET "A"
„,,.tic �' a / State of Texas
N. / " County of Nueces
• , S 13'27 13 E 0-
Z I, Robert M. Viers, a Registered Professional Land
�, C1 12.69 Surveyor, of LNV Inc., do hereby certify that the
74! -N 76'32'47" E foregoing map was prepared from information of
w 11.75' NATIONAL RETAIL record and a survey made on the ground under my
w ` PROPERTIES, LP direction and supervision.
�i 1
I
DOC #2011043778
g , INSET "A" 1 O.R.N.C.T. �,D
St- cr S 13'2713'; E SAVAGE LANE ADDmoN a This the 1'1 day of Mkt 2015. •
�` i 30.67' i TRACT M O.
F T
W `� VOL 32, PG. 128 '
EXIST SIGN M.R.N.C.T.
/ P•�G15TER� rqs+
/ ii.
(0BERTM. E
O
g4� •
LA Qv NTA TEXAS "obert M. Viers, R.P.L.S.1tate of Texas Lic. No. 6178 /
CNP s 76'32'47" W PROPERTIES LP a.- 0 6178
• •QO v. Q`/
�• --�p Z 11.75 DOC #2006009486 '114•.FE S 510•�•O i
rn , , O.R.N.C.T, ►
g c,1 t3 _,S U R
V
c N / SAVAGE LANE ADDITION j ' .
�+: ,; LOT 1-L
w ` VOL. 47, PG. 70 EXHIBIT OF
7' •*-s \ s 13'27'13" E' 41, -
M.R.N.C.T. p1` SIDEWALK EASEMENT —
78.87 P+ —'� NAVIGATION BLVD
co
\T- LEOPARD STREET TO UP RIVER ROAD
DB
FLR. at \ AREA=2,464 SQ. FT.
X=1322714.92 � .
Y=17182013.15 , LEGEND: 0.057 AC.
Z, O.R.N.C.T. OFFICIAL RECORDS, NUECES COUNTY, TEXAS REFERENCE: SAVAGE LANE ADDITION, TRACT M
$ 75'50'16" W M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS VOLUME 32, PAGE 128
rn 37.4 ' I.R. IRON ROD M.R.N.C.T.
k: .W. 14.62
FND FOUND
Z if!c) ' 14 P.O.B. POINT OF BEGINNING 0 40 60 80
PROP R.O.W. PROPERTY LINE I
son •• A RIGHT OF WAY DATE: MARCH 2015
1:040 NOTES
JOB NO:120472.000.2
74-Z-
EXIST BUILDING LINE
i • THIS MAP TO ACCOMPANY FIELD NOTE EXIST EASEMENT LINE LNV DRAWN BY: ORB
MI yo CO DESCRIPTION EXIST CURB
r^r • SOURCE OF BEARING=TEXAS STATE PLANE PARCEL NUMBER CHECKED BY: DO
n engineers architects I contractors
Q ` TEXAS SOUTH ZONE-4205-NAD 83 .�'ir�w t w'�r Ira=I
��”.••," DATE: 3-23-15
•
Doc 20 1 019660
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05/27/2015 10:34AC1
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $55.00
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
After recording, return to: COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
City of Corpus Christi time stamped herein by me, and was duly RECORDED
in the Official Public Records of
CJ Capital Programs, 3rd Floor Nueces County, Texas
KARA SANDS
Property & Land Acquisition Division F•Y .�,a}
P.O. Box 9277 ►, ; " . i r
ti�t R;y• h.{S..
Corpus Christi, Texas 78469-9277 ti'• "'""�`f