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Home My WebLink AboutC2015-469 - 8/17/2015 - NA Dci i 201.F;04376 • City of Corpus Christi Department of Capital Programs Property and Land Acquisition Division Tuloso Road.,E12094,Parcel 4 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. 2015-469 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. FLIN H S RESOURCES CORPUS CHRISTI LLC BY: ivt) PRINTED NAME: V Eo TITLE: ((_&`— 1�� THE STATE OF TEXAS § COUNTY OF NUECES § T`hi�instrument was acknowledged before me on t L ,2015 by V ,14 t Q . as \A. 1 eSlat e.J(1.T of FLINT HILLS RESOURCES CORPUS CHRISTI LLC, on behalf of said ce a iecJ,„„)4 L ;, C)KA:A.MA.,AA— (ULMLa Notary Public in and for the State of Texas [Seal] : .o`+, KRISTINA M.GRAVES YP O4 .......pL" ` NOTARY PUBLIC v� w! ,4 NO AR'Y PUBLIC t , '° Stats of Texas w�, of Corm.Exp.0Q-23-2019 ACCEPTED for the City of Corpus Christi, 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 Co .us Christi, T;xa.. 78469-9277 I Wii ., By: Valerie '. Gra , P.E. Ex-Exl tive Direct' a f '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 W of the City of Corpus Christi,Texas,a Texas municipal corporation, on behalf of said corporation. goo ... -011111110 `rIgiaini .%i - otary Public in and fo - 'tate of Texas [Seal] $V+:�'> ; EUSEBIO GARZA III *• MY COMMISSION EXPIRES °''F,,,,+' February 14,2017 APPROVED AS TO LEGAL FORM,THIS 13 DAY OF 4 u U5± ,2015. FOR THE CITY ATTORNEY tillf . // Janet Kellogg, Assistant City Atto ' CITY LEGAL DEPARTMENT H:\HOMEIGINAM\GEN\FORMS\Right of Way Easement-MASTER-REV.06-2011.doc City of Corpus Christi (Tuloso Road) Property Description Parcel 4 Being 0.016 of an acre (706 square feet) of land, more or less, and being out of and a part of Lot 26 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, and more particularly being out of and a part of that 70.61-foot wide portion of said Lot 26 referenced as 8919-0000-0260 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. 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 0.016 of an acre parcel is as follows: BEGINNING at a 5/8" steel rod with red plastic cap stamped "Maverick Eng. Property Cor." set for the northeast corner of said 0.016 of an acre parcel, same being in the proposed easterly right-of-way line of Tuloso Road and 45.08 feet right of Tuloso Road Centerline Station 28 + 20.37, same also being in the North line of said Flint Hills 70.61- foot wide tract and in the South line of the M. E. Collins, et ux tract (Document # 1998003962 of said Nueces County Official Records), same also having State Plane Coordinates of x= 1,299,798.83 and y = 17,188,563.63; 1) THENCE South 00° 42' 35" East with said proposed easterly right-of-way line of Tuloso Road and crossing said Flint Hills 70.61-foot wide tract, a distance of 70.61 feet to a 5/8" steel rod with red plastic cap stamped "Maverick Eng. Property Cor." set for the southeast corner of said 0.016 of an acre parcel, same being 45.06 feet right of Tuloso Road Centerline Station 27 + 49.76 and in the South line of said Flint Hills 70.61-foot wide tract, same also being in the North line of the Kinder Morgan 28-foot wide tract (the South 28 feet of said Lot 26 and formerly owned by Humble Gas Transmission Company and recorded in Volume 2030, Page 28 of the Nueces County Deed Records); 2) THENCE South 89° 17' 25" West with the line common to said Flint Hills and Kinder Morgan tracts, a distance of 10.00 feet to the southwest corner of said Flint Hills 70.61-foot wide tract, same being the northwest corner of said Kinder Morgan 28-foot wide tract and in the existing easterly right-of-way line of Tuloso Road, same also being the southwest corner of said 0.016 of an acre parcel; Parcel 4, Sheet 1 of 3 • 3) THENCE North 00° 42' 35" West with said existing easterly right-of-way line of Tuloso Road and with the West line of said Flint Hills 70.61-foot wide tract, a distance of 70.61 feet to the northwest corner of said Flint Hills 70.61-foot wide tract, same being the southwest corner of said Collins tract and the northwest corner of said 0.016 of an acre parcel; 4) THENCE North 89° 17' 25" East along the line common to said Flint Hills 70.61- foot wide tract and said Collins tract, a distance of 10.00 feet to the POINT OF BEGINNING, containing 0.016 of an acre (706 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. G),41A-;44 ryy i�{L( A.•%,�tsreR4' 4 .47 A `O : * ° Patrick C. Matusek PATRICK MATUSEK - Registered Professional Land Surveyor p 4518 4::;c4;-: Maverick Engineering, Inc., Firm No. 100491-02 14'o: SCALE:1"=20' N00°43'37"W 814.19' T PROPOSED TULOSO ROAD...... CENTERLINE .r — — —' 28+00 ( / ________ I >5' STRE'E'T ..DEDICATION (VOL. -19. PC. 196, P.R.) :::://:// N00°42'35"W 70.61 ' S89°17'25"W 0.016 OF N89°17'25" 10.00' SR O. AN ACRE sR 10.00' E STA.27+49.76 S00°42'35"E 70.61 ' POB 45.06'RT. i STA.28+20.37 45.08'RT • �P , ----_J X=1299798.83 - P Y=17188563.63 LOT 27 +'� 'Z0N, 42 O\ ��g� �C) q, A'.4 PAIOF LOT 2'6 AALL L OF LOT 25 Q"g`O Q FLINT HILLS RESOURCES CORPUS CHRISTI, LLC `E- o' M.E. COLLINS, ET UX (� �` on' (REF. 8919-0000-0260, DOC. #2010040428, O.R.) (>_' ROf1 B QO�P�•"' eel (DOC. #1998003962, O.R.) UL p50 Q 0 SUBDI VI'NDN28 A PART OF LOT 26 27 AN SOUTH 28' OF IO "OL 19, PO'. LOT 20 x '96,, p.R � ROAD TUL 050 olv SUBBI VISI p..R•J 23, 0 MAVERICK VOL. 13, pG' ENGINEERING,INC. MN#100491-02 E G E N 0 N O T E S 318 E. MORRIS ST.,YOAKUM.TX 77995 .........+f.1xxx DENIAL OF ACCESS LINE 1. O.R. = NUECES COUNTY OFFICIAL RECORDS PRONE(361)293-2725 FAX(361)293-2176 4/ A —1,---- LINE NOT TO SCALE 2. D.R. = NUECES COUNTY DEED RECORDS I HEREBY CERTIFY THIS SURVEY WAS O F z EXISTING FENCE 3. P.R. = NUECES COUNTY PLAT RECORDS PERFORMED ON THE GROUND UNDER ' • EXISTING R.O.W. LINE 4. BEARINGS ARE ON THE TEXAS STATE PLANE COORDINATE NY SUPERVISION, AND THAT THIS PLAT A,�P3 FA 1 S T F R<c%-7� , PROPOSED R.O.W. LINE SYSTEM. NAD83 (2011 ADJ.) SOUTH CENTRAL ZONE(4205). CORRECTLY REPRESENTS THE FACTS �:�� p R PROPERTY LINE GRID AND SURFACE COORDINATES AND DISTANCES ARE IDENTICAL, FOUND AT THE TIME OF THE SURVEY. A , • 4 • EASEMENT LINE (NO CONVERSION FACTOR). PROPERTY DESCRIPTION OF EVEN DATE . PATRICK MATUSEK o' — EXISTING STATE ACQUISITION CITY NAME HEREWITH ACCOMPANIES THIS PLAT. SURVEY PLAT OF COUNTY _ SR = SET 5/8" STEEL ROD WITH CORPUS p , c-: 0 4518 ,.,�Q- O "RED MAVERICK IENG.PPROPERTY D COR," CHRISTI PARCEL 4 NUECES PATRICK MATUSEK V'1,*•.f S S\�••--1 I 0 = NOTHING SET OR FOUND HIGHWAY NAME CITY PROJECT #E12094 TOLOSO ROAD REGISTERED PROFESSIONAL LAND SURVEY", �.� •SURD I, P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCING LICENSE NO. 4518, STATE OF TEXAS A y P.P. R.O.W. = RIGHT—OF—WAY ROW 0.016 AC. SHEET SURVEYED SEPTEMBER 8, 2015 ACQUISITION (706 S.F.) 3 OF 3 Doct 2015I:14-537.6 Pages 7 11/10/2015 4:19PM 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 (rC:NA.e'' 47:k !•• rCJ r ,K AFTER RECORDING RETURN TO: CITY OF CORPUS CHRISTI ENGINEERING SERVICES PROPERTY & LAND ACQUISITION DIVISION P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469-9277