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HomeMy WebLinkAboutC2015-247 - 8/17/2015 - NA CMS 201032061 • • City of Corpus Christi Department of Capital Programs Property and Land Acquisition Division Tuloso Road.,E12094,Parcel 6 RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT, FLINT HILLS RESOURCES CORPUS CHRISTI LLC ("GRANTOR")of P.O. Box 2608, Corpus Christi, Nueces County, Texas 78403-2608, in consideration of TEN DOLLARS ($10.00)and other good and valuable consideration, paid by the CITY OF CORPUS CHRISTI, TEXAS ("GRANTEE")of 1201 Leopard Street,Corpus Christi,Nueces County, Texas 78401,the receipt of which is hereby acknowledged, has granted, sold and conveyed, and does hereby grant, sell and convey to Grantee, a Texas Home Rule municipal corporation, its successors and legal representatives,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: See the metes and bounds property description attached and incorporated as "Exhibit A" ("Premises") and a map showing the location of the RIGHT-OF-WAY EASEMENT is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress,egress and regress to and for Grantee,and its franchisees,to construct, operate,repair and maintain streets,sidewalks,curbs,gutters and appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along and upon said Premises, as well as to lay,operate, inspect,replace,repair, service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over,under and along said Premises. SPECIAL PROVISIONS The right of way and easement and rights hereby granted are subject to all other easements, exceptions,reservations, rights, and encumbrances of record or evidenced physically on the Premises, and are granted without any warranty of title, express or implied, by Grantor. Grantor hereby reserves for itself, its successors and assigns, the right to use the Premises for any purpose and in any manner, so long as such use does not unreasonably interfere with the rights of Grantee hereunder. In addition,to the extent that the Premises contain one or more of Grantor's existing pipelines/appurtenances, Grantee agrees that Grantee's rights hereunder are expressly subject to Grantor's rights to use and operate such pipelines/appurtenances and replacements thereto. 2015-247 8/17/15 Flint Hills Resources CC LLC , INDEXED • TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors,legal representatives,franchisees and the public,for the proper use as public streets and utility easements for so long as used for such purposes,and if the use for said easements and rights of way is ever abandoned, then the aforesaid rights and privileges cease. GRANTOR: The person signing this easement 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. FLINT IL RESOURCES CORPUS CHRISTI LLC BY: 114,t---() PRINTED NAME: Visetemecrez._,. TITLE: THE STATE OF TEXAS § COUNTY OF NUECES § Th`i3 ins{��r�um,e'nAt w acknowledged before me ontt&- tresLcloid-`' , 2015 by VQ�JISI.J C -PQM as of FLINT HILLS RESOURCES CORPUS CHRISTI LLC, on behalf of said eepperation.1, 1,h Ala)ti) Notary Public in and for the State of Texas [Seal] "'` KRIS11NA M. GRAVES . PP yt NOTARY PUBLIC GRAV ! ' ! Stats of Team : .'' Comm Exp.02-29401 ACCEPTED for the City of Corpus Christi, T s, a municipal corporation and body politic under the laws of the State of Texas, on / 7' , 2015. • GRANTEE: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, Third Floor Department of Capital Programs PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, T-xa. 78469-9277 ' ar By: 1 Valerie' . Gra , P.E. Ex utive Direc . of 'ublic Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /7 2015 by Valerie H. Gray,P.E.,as Executive Director of Public Wor . o e City of Corpus Christi,Texas,a Texas municipal corporation, on behalf of said corporation. Not Public in and for the St. - o' exas [Seal] 9r' EUSEBIO GARZA III MY COMMISSION EXPIRES ;y�;, •� February 14,2017 APPROVED AS TO LEGAL FORM, THIS /3 DAY OF A u , 2015. FOR THE CITY ATTORNEY By: N ...4 /// 7anet Kellogg, Assistant City Attdrigy CITY LEGAL DEPARTMENT Hf HOME\GW AM GEN\FORMS\Right of Way Easement-MASTER-REV.06-2011.doc City of Corpus Christi (Tuloso Road) Property Description Parcel 6 Being 0.042 of an acre (1,847 square feet)of land, more or less, and being out of and a part of Lots 21, 22, 23, and 24 of the Tuloso Road Subdivision in Nueces County, Texas, the plat of said subdivision recorded in Volume 13, Page 23 of the Nueces County Plat Records, said Lots 21, 22, and 23 described in a Warranty Deed from Flint Hills Resources, LP, a Delaware limited partnership to Flint Hills Resources Corpus Christi, LLC, a Delaware limited liability company, filed for record November 2, 2010, recorded in Document # 2010040428 of the Official Records of said Nueces County, said Lot 24 described in a Warranty Deed from Tina Rhnea Brooks and Tarlton Rhett Brooks to Flint Hills Resources Corpus Christi, LLC, dated April 17, 2013, recorded in Document#2013014994 of the Official Records of said Nueces County. All references herein to Centerline Stations are based on the proposed Tuloso Road centerline from the new schematic developed for this project. Metes and bounds description of said 0.042 of an acre parcel is as follows: BEGINNING at a TxDOT Type II concrete right-of-way marker found for a chamfer corner in the southerly right-of-way line of Interstate Highway No. 37 (IH 37), same being in the easterly right-of-way line of Tuloso Road and the southwest corner of said Lot 21, same also being the northwest corner of said Lot 22 and the northwest corner of said 0.042 of an acre parcel, same also being the southwest corner of the State of Texas 6,008 square foot tract (Volume 1078, Page 611 of the Nueces County Deed Records), same also having State Plane Coordinates of x = 1,299,785.48 and y = 17,188,834.22; 1) THENCE North 46° 56' 57" East along said southerly right-of-way line of IH 37 and crossing said Lot 21, a distance of 13.53 feet to a 5/8" steel rod with red plastic cap stamped "Maverick Eng. Property Cor." set for the northeast corner of said 0.042 of an acre parcel, same being 45.17 feet right of Tuloso Road Right- of-Way Centerline Station 31 + 00.22; 2) THENCE South 00° 42' 35" East along the proposed easterly right-of-way line of Tuloso Road and crossing said Lots 21, 22, 23, and 24, a distance of 189.26 feet to a 5/8" steel rod with red plastic cap stamped "Maverick Eng. Property Cor." set for the southeast corner of said 0.042 of an acre parcel, same being in the South line of said Lot 24 and 45.11 feet right of Tuloso Road Centerline Station 29 + 10.97; 3) THENCE South 89° 17' 25" West along said South line of Lot 24, a distance of 10.00 feet to the southwest corner of said 0.042 of an acre parcel, same being the southwest corner of said Lot 24 and in the existing easterly right-of-way line of Tuloso Road; Parcel 6,Sheet 1 of 3 Exhibit A • 4) THENCE North 00° 42' 35" West along said existing easterly right-of-way line of Tuloso Road and along the West lines of said Lots 24, 23, and 22, a distance of 180.15 feet to the POINT OF BEGINNING, containing 0.042 of an acre (1,847 square feet) of land, more or less. All bearings are on the Texas State Plane Coordinate System, NAD 83 (2011 Adj.) South Central Zone (4205). All coordinates and distances are based on the National Geodetic Survey Monument"SN170". Coordinates and distances shown are both grid and surface (no surface adjustment factor is necessary). I hereby certify the foregoing property description was prepared from a survey performed on the ground and that it correctly represents the facts found at the time of the survey. A survey plat of even date herewith accompanies this property description. ,--4 & 0 F ,..i."---\ pd 144,.. ..4 i°): * 14.•W`, Patrick C. Matusek P gTRICK MATUSEK. ', Registered Professional Land Surveyor .tA/ 4518 4)'62-,/ Maverick Engineering, Inc., Firm No. 100491-02 lii'o`.€8 5:��-t / License No. 4518, State of Texas suR Surveyed September 11, 2014 Parcel 6,Sheet 2 of 3 / / i I SCALE:1"-30' / , / I �,/ ;��� _/ _- _ ___ _ _ __ _ _ _ _ _ ___ _____ _ _ _ _ _ _NOO°43'37"_W 814.19' _ _ _ _ .1- r `•`• •�3o+ao . PROPOSED TULOSO ROAD CENTERLINE P.0.8. -- _ I '— 1 --— 1 FOUND TxDOT I` TYPE II MONUMENT STA.30+91.11 _ • I 1 35.16'RT I X=1299785.48 wj Y=17188834.22 N00°42'35"W 180.15' N46°56'57"E RI S89°17'25"W—. 1 13.53' X 10.00' STA.31+00.22 STA.29+10.97�- i . S00°42'35"E 189.26' SR 45.1r RT. cr 45.11'RT. 0.042 OF �� 0AN ACRE { J W 4 PART OF 107' 26 LOT 24 LOT 23 AiVO ALL OF LOT 25� 20 T P LOT FLINT HILLS RESOURCES FLINT HILLS RESOURCES CORPUS CHRISTI,LLC M.E.COLLINS, ETUX CORPUS CHRISTI,LLC (DOC.#2010040428,O.R.) (DOC.#19980039, O.R.) (DOC.#2013014994,O.R.) I ROAD SURQJ�r/SJON TOOL O /3. PC. ,23. P 10 MAVERICK HNOINIQRINO,INC FIRS/100491-02 LLGENO NOTES JIB E.MORRIS ST..YOAKUS,TX 77915 �yA� PHONE(JA I)295-7]iS FAX(35,093-317K 1 — rt•7�DENTAL Or ACCESS LINE 1. O.R - NUCCCS COUNTY 11(05 RECORDS �—LINE NOT TO SCALE 2. D.R. - MACES COUNTY [KED RECORDS I DEREDY CERTIFY THIS SURVEY WAS OF x EXISTING FENCE PERFORMED ON THE GROUND UNDER "(-.••'• r 3. P.R Nut:crs COUNTY PLAT RECORDS MY SUPERVISION, AND THAT THIS PLAT p;•°G EXISTING R.O.W. LINO s T E R F e��PROPOSED a O W. LINT 4. BEAR NCS ARE ON THE Ol.)TEXAS PLANE COORDINATE CORRECTLY REPRESENTS (HC FACTS I F SYSTEM, NAD83 (2011 ADJ.) SOUTH CENTRAL 3ONE(4205). (�:•? ' 41..N& C PROPERTY LINE GRID AND SURFACE COORDINATES AND DISTANCES ART IDENTICAL raUNO AT THE TIME Or THE SURVEY. A A _ 4 •EASEMENT LINE (NO CONVERSION FACTOR). PROPERTY DESCRIPTION OF EVEN DATE • • — EXIT INS STATE ACQUISITION HEREWITH ACCOMPANIES THIS PLAT. PATRICK MATUSEK CITY NAME SURVEY PLAT OF COUNTY • f /)A,^,1 //1� 11 N°..o • I QSR - SET 5/8" STEEL ROO WITH CORPUS _^ (G-y yi�}!'_(A{[ <�q 4518 v:;:1;4-7 -MO ERICK CAP STAMPED CHRISTI PARCEL 6 NUE.CES y'y'S r. '•�`v(/ p �s., -MAVERICK CNG. PROPERTY COfl." �I� FF 5 91°•'-kO - NOTHING SCT OR FOUHD HIGHWAY NAME PATRICK NAIUSF.K A'VO••••, (G , 0 -' CITY PROJECT #E12094 REGISTERED PROFESSIONAL LAND SURVEYOR A SUR`) A•/ P.O.D. = POINT OF COMMENCING 7UL0S0 ROAD LICENSE N0. 4518,STATE OF TEXAS i/ N.O.W. RIGHT-OF-WAY ROW 0.042 AC. SURVEYED SEPTEMBER 11, 2014 �✓ ACQUISITION (1,847 S.F.) 3�OF 3 ' • . • • . Doc t 20 1 50-320 6 1 Pages 7 08/18/2015 9:29AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $39.00 An 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 bg me? and was duly RECORDED in the Official Public Records of Nueces Countg? Texas KARA SANDS 16"1/2"---""")* 11-1":-.1-7111-10--- ..4,',VX.Ps?-12i'1/4?-n• -•,„,) io,..,:;/----ti.„4-•• --- AFTER RECORDING RETURN TO: rk - CITY OF CORPUS CHRISTI CAPITAL PROGRAMS PROPERTY & LAND ACQUISITION DIVISION P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277