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Home My WebLink AboutC2016-306 - 6/10/2016 - NA Da 201602354-3 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 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 Lot 4, Section 20, Flour Bluff and Encinal Farm and 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. 2016-306 6/10/16 :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 t5 /6 Edward L. Ciccone, Pr zs e t Date STATE OF TEXAS § COUNTY OF E-t;do-ISO § This instrument was acknowledged before me on tr , day of Ma e-h- 2016, by Edward L. Ciccone, P-re5;cterif- of D&E Development Corporation, on behalf of said corporation. < ERNESTINA BELTRAN ' 14/01/TA-ft: A41414-:. Notary Public NotaryPublic, State of Texas `A STATE OF TEXAS ► a s`' ?. My Comm. Exp. 12-12-2018 Page 2 of 3 r.�7/A GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: //(y/& (AValerie H. Gray, P.E. Date Executive Director of Public Works STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 0 day of J L-� ► �� 2016, 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. ge'gb BOBBY CARROLL HARRAID,JR. _*11(iiMY COMMISSION EXPIRES No - v 'ub , State of T- �—' ,,o` December 5,2018 APPROVED AS TO LEGAL FORM: e. )O , 2016. i� 2eL -4- ,}�44,31:1-ar.a4:1# M l e s ty City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit "A" - Metes and Bounds Description Exhibit "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 / 17/3 CONSENT OF LIEN HOLDER Mauger Developments Limited,on its own behalf and on behalf of its successors and assigns,hereby (i)consents to the Easement,and(ii)agrees that,if Mauger Developments Limited or its successors or assigns acquire any or all of Grantor's Property and/or the Easement Property by deed, by deed in lieu of foreclosure or by foreclosure of a lien, the real property so acquired (and Mauger Developments Limited and such successors and assigns,as applicable,in their respective capacities as records owners of such real property) shall be bound by all of the n onditions of this Utility Easement Agreement. All capitalized undefined terms e the respect' e meanings given to them in this Utility Easement Agreement. MAUG P EVELOPMENT IMITED r - By: Philipp- %' •uier, Attorney and Agent in Fact ille attached] APOSTILLE (Convention de La Haye du 5 octobre 1961) Seen by the undersigned, Pays:Suisse Me Laurence MORAND-JACQUEMOUD, 1. PaPapresent acts public a duly authorized Notary public in Le Geneve(Switzerland),for legalization 2. a ete signe par Me Laurence MORAND-JACQUEMOUD.-- exclusively of the signature of 3. agissant en qualite de notaire.-- MR f j _ _PQ_ fit s Q U z C R , 4. est revetu du sceau/timbre de notaire.-- l 1? -e--VG / C, 43* Mo. 20A 6• Attests 5. a Geneve 6. le 1 [1 MAI 791.66 40. 7. Republique et Canton de Geneve ;q /�� $. sous N° 4 4; c' ;; r CpG' `- It. A 9 .\ Sceau/timbre: 10. Signature 43041-- 11^y,0* c)_ \* % P.-A.Le i0"9/i • L r— u ENGINEERINRBANG Job No. 4462.B5.07 March 7,2016 Exhibit A 0.265 Acre Utility Easement State of Texas County of Nueces FIELDNOTES for a 0.265 Acre, 15 Foot Wide Utility Easement, more or less,of Lot 4, Section 20, Flour Bluff Encinal Farm and Garden Tracts,a map of which is recorded in Volume A, Page 41, Map Records of Nueces County,Texas, being out of a 100.08 Acre Tract,as described in Correction Warranty Deed from Topel Business, Inc.,et al.,to D&E Development Corporation,as recorded in Document No. 1997029859,Official Public Records of Nueces County,Texas, said 0.265 Acre Tract, being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C.TX" Found,on the East Right-of-Way line of Airline Road,a public roadway,the Northeast corner of a Right- of-Way Easement,as described in Deed from D&E Development Corporation to the City of Corpus Christi,as recorded in Document No. 2010023968,said Official Public Records, for the Northwest corner of this Tract, Thence,North 88°51'04" East, 124.91 Feet, to a 15 Foot Wide Utility Easement,as described in a Deed from D&E Development Corporation to the City of Corpus Christi, as recorded in Document No. 2015012262, said Official Public Records, for a Northeast corner of this Tract, from whence a TxDOT Monument Found(Leaning), bears North 87°36'22" East,30.00 Feet; Thence, South 61°18'04" East,with the Southwest line of the said 15 Foot Wide Utility Easement,30.14 Feet,to a Northeast corner of this Tract; Thence, South 88°51'04"West, departing the said 15 Foot Wide Utility Easement, 136.54 Feet, to an inner ell corner of this Tract; Thence, 15 Foot from and parallel to the said East Right-of-Way,as follows: • South 00°45'44" West,218.52 Feet, for a corner of this Tract; • South 08°55'28" West, 100.16 Feet, for a corner of this Tract; • South 02°06'32" West,314.14 Feet,to the Southeast corner of this Tract, from whence a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C. TX" Found,bears South 87°53'32" East, 73.01 Feet; Thence,North 87°53'32" West, 15.00 Feet,to the said East Right-of-Way, for the Southwest corner of this Tract; Thence,with the said East Right-of-Way, as follows: • North 02°06'32" East,315.03 Feet,to a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C.TX" Found,for a corner of this Tract; (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 S:\Surveying\4462\8507\FN4462B507_0.265AC_.docr www.urbaneng.com Page I oft TBPE Firm#145 TBPLS Firm#10032400 • • North 08°55'28" East,99.98 Feet,to a 5/8 Inch Iron Rod, with red plastic cap stamped "URBAN ENGR. C.C.TX" Found,for a corner of this Tract; • North 00°45'44" East,231.96 Feet, to the Point of Beginning, containing 0.265 Acres (11,560 Square Feet)of Land; Bearings based on GPS,NAD83 (2011),Texas Coordinate System of 1983,Texas South Zone 4205. Unless this fieldnote description, including preamble,seal and signature,appears in its entirety, in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract describ , to F. ie , ''tP••G1sTEq F'4.17 . '� • • UR N ENGIIE*0 JAMES DAVID CARR; ��,�� /�!t-- ,O 6458 (� -41,9 3URl y ./ James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\4462\B507\FN4462B507_0.265AC_.docx Page 2 of 2 i 7/� i N87'36'22"E Point of N88'51'04"E 30.00' Beginning k 124.91' 0 S r— of.°l` S88°51'041.W \ 09O 6 lo N 136.54' s 0O/ek I(') ' OF00' "� 05 ro0,\ (Sto N • ao \ to Doc. Ny Easement J W N 2e'-vi, o'2s. \ y�9hwo 0.P.R.N.C.T.0023968 Op \---.. y 3S)) 1- •l) \ O o \\ Z 0 15' Wide Utility Easement I 0.265 Acre jJ 033 (11,560 Sq. Ft.) N43 ap. U)O) N4 O 0) 1 O ? N Remainder of a ft 100.08 Acre Tract Doc. No. 1997029859, 0.P.R.N.C.T. a Owner. D&E Development Corp. / 0 V S ir) 0 mi- Q 1fi 1171 it 4 / LOT w N = LINE BEARING DISTANCE / I+) L1 S61'18'04"E 30.14' -CO lo L2 N87'53'32"W 15.00' / Q Z N F2LJJi1 JLJPP a P.NCINAL PAFIM a J81PJdk4 TF ACT TOL. A, PIS. 41-4J, MAP PEitrAJS, NLIV.CE.8 COUNTY, T.141A 587'53'32"E / 73.01' • / � , Exhibit B l Sketch to Accompany FIELDNOTES for a 0.265 Acre, 15 Foot Wide Utility " on 5n 0 100 200 Easement, more or less, of Lot 4, Section 20, Flour Bluff Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41, Map Records of GRAPHIC SCALE Nueces County, Texas, being out of a 100.08 Acre Tract, 1 =100 as described in Correction Warranty Deed from Topel Business, Inc., et al., to D&E Development Corporation, as recorded in Document No. 1997029859, Official Public Legend: Records of Nueces County, Texas. DATE: March 6 2016 • 7d. 5/8" Iron Rod with SCALE 1"=100 red plastic cap stampedI URBAN— — JOB NO.: 4462.B5.07 "URBAN ENGR C.C. TX" SHEET: 1 of 2 LS FlRII NO.10032400 DRAWN BY: RLG /Ar 2725 SwANTNER Oft,CORPUS CHRISTI.TX 78404 ��/ PHONE 361.854.3101 w'ww.URBANENO.COu urbansurveyl®urbaneng.com c\cFi7 JirJeyinD\44 \R5f17\nFi7 44Rf17 WatarlineFaC4�frtP i§riki6 Y 1f blagd0 ® 7 1:1 YV•od r`te o ,ri �� 'der, �`� V\- i �,. F, /?/ / 00/Q . //a�° 1<%5 / • CSS) S �s' TX'6;"'------ qpd r•o hdbrorq� '� c kedgeookb C�° \'' _ /CO oeocje •� ! Sunshine nor a� 'L/q A.Cemetery ¢, d �s . o C dr ¢, �! L i -2:1) . o ,° c v 0ow b o �'' J CO. i• '�� / I n1 ero O, •if, '<- Corp4_ I O7 • / /" qr '��e 1 grrji •to e / /,/ P O•�� Site / ,‹ °� .� /� °_ i" as o �Q c �,,J o Q °L •. L e gr2so 'sis e Gteee c < COUNTY OF NUECES LOCATION MAP N.T.S. CITY OF CORPUS CHRISTI DATE: March 6, 2016 LiI URBAN JOB NO.: 4462.B5.07 SCALE: NTS — ENGINEERING SHEET: 2 of 2 TEIPE F401 NO.1I3.TBPLS FIRM N0.10032400 DRAWN BY: RLG 2725 SMANTNER OR.CORPUS CHRISTI,TX 78404 PHONE: 331.854.3101 www.UR8ANEN0.004 urban surveyl®urban eng.corn 02016 by Urban Engineering c\Gurvaying\44F7\RSC17\(144(7RSf17 WatarlinpFacemantrlwrg_ 3/9/7111F 4444n PM r10 1.1 Doct 2C)1_602:51F;41-3 r Pages 9 06/10/21)16 11:44AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK, Fees $47.00 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 ( ±.%)17) r r J.Saleh (361)826-3568 City of Corpus Christi Development Services/Special Services 2406 Leopard Suite 100 Corpus Christi,TX 78408