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HomeMy WebLinkAboutC2016-616 - 11/18/2016 - NA lS7 E)a• 20161:143088 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 § Flint Hills Resources Corpus Christi, LLC ("Grantor"), whose address is 2825 Suntide Road, Corpus Christi, Texas 78409, 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 utility easement over and across a portion of Lot 1, Block 1, Flint Hills Tract, as shown on the map recorded in Volume 68, Page 526, 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 one water line in, on, over, under, and along the Premises, and appurtenances used in the supply and provision of water, only for service to the tract described in Exhibit B. 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. 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. 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 unreasonable interfere with the rights of Grantee hereunder. 2016-616 11/18/16 Flint Hills Resources CC LLC INDEXED G Grantee acknowledges that Grantor anticipates installing a paved parking lot on the Premises, and Grantee hereby consents to such usage, subject to the following: Grantor will be responsible for restoring and/or replacing (at Grantor's cost) any damage to the parking lot that is caused by Grantee's reasonable exercise of its rights hereunder (including, for example, the cost of replacing paving material that is damaged or removed in the course of Grantor installing or repairing its pipeline hereunder). Grantor will not be required to remove from the site any paving material from such parking lot that Grantee excavates or otherwise removes during the reasonable exercise of its rights hereunder (Grantee will reasonably place such excavated/removed materials on the Premises for Grantor to handle) 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. Flint 14it Corpus Christi, LLC, a Delaware limited liability company Valerie •ompa ' e President and Manufacturing Manager Date Vta STATE OF TEXAS § § COUNTY OF NUECES § I This instrument was acknowledged before me on ,_)-h-, , day of OC_40 ber , 2016, by Valerie Pompa, Vice President and Manufacturing Manager, Flint Hills Resources Corpus Christi. LLC, a Delaware limited liability company, on behalf of said limited liability company. , -(i . uf„,,detA., ,t) ""'�,_'".. " ""''" 'v' Notary Public, State of Texas ti PATRICIA P; " PATRICIA BORDAYC ' A ` Notary Public �-' `A j•I STATE OF TEXAS ; °,:i.i;. i...... My Comm. Exp. 09-04-2019 `w N.-Th.,-v ..—Th...--v v v'CT't II Page 2 of 3 1.34—a GRANTEE ACCEPTED for t e ity of Corpus Christi, Nueces County, Texas, by: k(e, cp Val. H. Gra '.E. Date Exive Director of Public Warks STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on k day of AJ vE.vv k 1Q1 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. *. ) „ BOBBY CARROLL HARRAID,JR. `*: *;` MY COMMISSION EXPIRES Ni ' - e , tate of •''4;4r `?' December 5,2018 , .7 APPROVED AS TO LEGAL FORM: Ocd RV , 2016. kt6. Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit "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 (3y . 3 UDAN Job No. 42853.B5.05 ENGINEERING 1 December 14th, 2015 Revised: October 14, 2016 Exhibit A 0.390 Acre, Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for 0.390 Acre,Utility Easement,more or less, of Lot 1, Block 1, Flint Hills Tract, a map of which is recorded in Volume 68,Page 526,Map Records of Nueces County,Texas; said 0.390 Acre Tract being more fully described as follows: Commencing, at a Pipe Found, on the Southwest Right-of-Way line of Up River Road, a public roadway, the Northeast corner of Business Block, Tuloso Road Subdivision, a map of which is recorded in Volume 13, Page 23, Map Records of Nueces County,Texas,for the Northwest corner of the said Lot 1; Thence,South 66°59'32"East,with the common line of the said Up River Road and the said Lot 1,337.49 Feet,to a point on the said common line,from whence a 5/8"Iron Road Found,bears South 66°59'32"East, 152.98 Feet; Thence, South 23°00'28" West, 10.00 Feet, to the South line of an existing 10 foot wide utility easement, as shown on the recorded plat of the said Flint Hills Tract, for the Point of Beginning and the North corner of this Tract; Thence,with the boundary of this tract as follows: • South 66°59'32"East,with the said easement, 15.00 Feet; • South 23°00'28" West, departin g the said easement,over and across the said Lot 1,309.60 Feet; • South 66°59'32"East, 783.97 Feet; • South 89°11'32" East, 21.87 Feet, to the West line of an existing 10 foot wide utility easement, as shown on the recorded plat of the said Flint Hills Tract; • South 00°41'59"West,with the said West line, 15.00 Feet; • North 89°11'32" West,departing the said easement,over and across the said Lot 1,24.84 Feet; • North 66°59'32" West, 801.91 Feet; Thence, North 23°00'28" East, 324.60 feet,to the Point of Beginning, containing 0.390 Acre (16,999 Sq. Ft) of Land, more or less. Bearings are based on GPS,NAD83, State Plane Coordinate System, Texas South Zone 4205. This description was prepared from fieldwork performed in October 2015 and does not represent a current on the ground Survey. 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 described herein. OF URBAN GIN G T u (jtelt. JAMES DAVID CARR,> � ••:°,pa6458�P�.• James D. Carr, R.P.L.S. 14 . kk,' License No. 6458 sue . S:\Surveying\42853\B505\FN_O 390Ac_20151214_RLG_rev20161014.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE, Firm# 145 •TBPLS Firm#10032400 134-4 Point of Commencement Business Block O • 0 66. g 34a3?•F Poin of Beginning t� cb J0� co 1 sz <6\9 3? 2p \\1\9,, 0 Lot 1, Block 1 Flint Hills Tract Vol. 68, Pg. 526, Map Records of Nueces County, Texas IN i 3p pj /(\ 7996 C/e 4%e \ \S') _ �/e ose� \\ \\ O •,i) • t \ N 'T \ \ \ \ \ \ \ \ \ \ \ \ C/erk ° pip A; ' / ne p No' 2 ose�e 0 C 0 T 3020h61 Ct eek 3p• p \ s 4..,. elide os ////// \� \ < C TpOpl3▪ 4j3 \ (C/erk Seen \ 808 SFi/etono,\ 1 .Si Ih, So• 21l 7pU"--2./(--. Retail Lot A, Block 1 94. LINE BEARING DISTANCE L1 S66'59'32"E 15.00' L2 S89'11'32"E 21.87' L3 S00'41'59"W 15.00' L4 N89'11'32"W 24.84' \ p N R \ 5.00 Acres out of 9 so o :iv 94 Lot 37, H.B. Sheppard Farm Lots ) -o/ Vol. A, Pg. 51, Map Records of Nueces County, Texas (Owner: Simi Investment Company, Inc.) (Vol. 1911, Pg. 849, D.R.N.C.T.) C/e pi ks pipe/%e O pip Ho. Fose \Hcoo3?�st4 7) 15' Wide Utility Easement 0.390 Acre (16,999 Sq. Ft.) 30' C/, Per� '� s Fi/e oneot (P9 8 ,0Fose O p '9960 n,"fit R c 04,,k1,0' Fpip"t/ne 0 p N0 ? oe \R ry\ 30 2 067o • 20' 1 r } 0 N J 30' 0 ceO m 0 C 30' 150 100 50 0 100 200 GRAPHICo Legend: 0 Found 5/8" Iron Rod "URBAN ENGR. C.C. TX." • Found 5/8" Iron Rod © Pipe Found Exhibit B Sketch to Accompany FIELDNOTES for 0.390 Acre, Utility Easement, more or less, of Lot 1, Block 1, Flint Hills Tract, a map of which is recorded in Volume 68, Page 526, Map Records of Nueces County, Texas. URBAN ENGINEERING TOPE F1M1 NO 145. MKS ARM N0. 10032400 2725 SYAN,NER OR. Ca11PUS OIWS71. Tx 75404 R10E 301.554.3101 MMM.URBANE71G.COY REV: Feb. 22, 2016 DATE: Dec. 11, 2015 SCALE: 1"=100' JOB NO.: 42853.85.05 SHEET: 1 OF 1 DRAWN BY: RLG urbansurveyl ®urbaneng.com 02015 by Urban En • ineering • Doc 2016048088 Pages 6 11/16/21116 9:O3AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK FePs $35.00 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 A .1 5.. 1/4) V' J. Saleh(361)826-3568 City of Corpus Christi Development Services/Special Services 2406 Leopard Suite 100 Corpus Christi, TX 78408