HomeMy WebLinkAboutC2018-218 - 5/17/2018 - NA 111111
FLATIRONIDRAGADOS
MEMORANDUM OF AGREEMENT
i(1 at9 I lQ , 2018
City of Corpus Christi, County: Nueces
a Texas Municipal Corporation
Attn: Joe McComb,Mayor Highway No.: US 181
P.O. Box 9277 Location: 702 Martin Luther King Drive, Corpus
Corpus Christi,Texas 78469 Christi,TX
Project No.: HP:X597(1)
ROW CSJ No.: 0101-06-109
District: Corpus Christi,Texas
Parcel No.: 322
Dear Mayor McComb,
You have indicated a willingness to sign a deed for your property which consists of 0.2076 acre (9,045
square feet)located at 702 Martin Luther King Drive,Corpus Christi,TX.
It is important to confirm this agreement in order to avoid any possible misunderstanding as to the details
of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make
payment. The payment of$26,494.00 as herein agreed will constitute full payment to be made by TxDOT
for the property to be conveyed to the State.
TxDOT and the owner(s)have agreed to the following provisions.
Until payment is made by TxDOT, title and possession of the property to be conveyed remains with you.
You shall bear all risk of loss to any and all such property prior to such payment. Either you or TxDOT
shall have the right to terminate this agreement.
The payment of the amount herein stated and the terms provided constitute the only promises,
consideration and conditions of this purchase; and no other promises, consideration or conditions have
been signified or implied, save and except any benefits which may accrue under the State's Relocation
Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this
agreement.
The State, without cost to the owner, will pay the cost of recording all instruments conveying title to the
State.
It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself(selves) as
to its provisions. With your signing of this agreement and execution of the deed the State will proceed
with the issuance of a State warrant which will be made out jointly to you and to WFG National Title
Company,agent for WFG National Title Insurance Company.
2018-218 Page 1 of 2
5/17/18 Jus Christi.Texas 18401 I 1 361 288 2900 1 F 361 288.2920 1 www horhortxdgeprolect.cam
Flatiron/Dragados
INDEXED
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111111�
FIATIRONIDRAGADOS
This company has been designated as the State's closing agent and is responsible to see that TxDOT
obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the
same time, you have the right to withhold endorsement of the warrant and not accept payment until you
are fully satisfied on all details of the transaction.
Sincerely,
Ann Scruggs,SR/WA,R/W-RAC,R/W-NAC,R/W-URAC
Acquisition Right of Way Manager
I(We) fully understand the Texas Department of Transportation proposal as contained in this agreement
and hereby acknowledge receipt of the brochure entitled "Relocation Assistance. "
I(We)understand that relocation assistance benefits are handled entirely separate from and in addition to
this transaction and agree that my(our)execution of the Right of Way Deed is based on this understanding.
ill I &tic
BY:
Valerie ' t ray, P.E.
Executiv. ►i irector of Publi. Works Approved as to form.5 1(o`1 0c
74-6000574 —sistant City Attorney
FEI For City Attorney
ate
Page 2 of 2
500 N Shoreline Blvd.Suite 500 I Corpus Christi.Texas 78401 I 1 361.288.2900 I F:361 288.2920 I www harborbridgeproject.corn
Form ROW-N-PUAIC
(Rev.04/17)
ens Page 1 of 5
Jr
DepartmentTrarrspoRnY.at
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION
STATE OF TEXAS § ROW CSJ: 0101-06-109
§ Parcel No.: 322
COUNTY OF NUECES § Project No.: HP:X597(1)
This Possession and Use Agreement For Transportation Purposes(the"Agreement")between the State of
Texas, acting by and through the Texas Department of Transportation (the"State"), and City of Corpus
Christi, a Texas Municipal Corporation (the "Grantor" whether one or more), grants to the State, its
contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and
use of the Grantor's property for the purpose of constructing a portion of US 181 (the "Highway
Construction Project"). The property subject to this Agreement is described more fully in field notes and
plat map(attached as"Exhibit A")and made a part of this Agreement by reference(the"Property").
1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of
Texas the right of entry and exclusive possession and use of the Property for the purpose of
constructing a highway and appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, environmental studies, archeological studies, •
clearing, demolition, construction of permanent improvements, relocating, replacing, and improving
existing utility facilities, locating new utility facilities, and other work required to be performed in
connection with the Highway Construction Project. This Possession and Use Agreement will extend
to the State, its contractors and assigns, owners of any existing utilities on the Property and those
which may be lawfully permitted on the Property by the State in the future, and all others deemed
necessary by the State for the purpose of the Highway Construction Project. This grant will allow the
construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on
the Property.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties,and obligations under this Agreement,the State will tender to the Grantor the sum of Zero
Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the
possession and use of the Property.The State will be entitled to take possession and use of the Property
upon tender of payment. The parties agree that the sum tendered represents 0 percent of the State's
approved value, which assumes no adverse environmental conditions affecting the value of the
Property. The approved value is the State's determination of the just compensation owed to the
Grantor for the real property interest to be acquired by the State in the Property,encumbered with the
improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and
sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement
amount, Special Commissioners' award or court judgment. In the event the amount of the final
settlement or judgment for acquisition of the Property is less than the amount the State has paid for
the possession and use of the Property, then the Grantor agrees that the original amount tendered
represents an overpayment for the difference and,upon written notice from the State,the Grantor will
promptly refund the overpayment to the State.
Form ROW-N-PUAIC
(Rev.04/17)
Page 2 of 5
3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and
No/100 Dollars($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree
that the sum tendered under this Paragraph 3:
(i) is independent consideration for the possession and use of Grantor's Property and represents no
part of the State's compensation to be paid for the anticipated purchase of the Property; and
(ii) will not be refunded to the State upon any acquisition of the Property by the State.
4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and
3 above was tendered to the Grantor by the State,or disbursed to the Grantor by a title company acting
as escrow agent for the transaction,(the"Effective Date").
5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances or that proper releases will be executed for the Property prior to funds being disbursed
under this Agreement. The Grantor further warrants that no other person or entity owns an interest in
the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed
liens,claims or encumbrances affecting the Property.
6. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the State in the Property, for negotiation or eminent
domain proceeding purposes,will be the Effective Date of this Agreement.
7. This Agreement is made with the understanding that the State will continue to proceed with acquisition
of a real property interest in the Property. The Grantor reserves all rights of compensation for the title
and interest in and to the Property which the Grantor holds as of the time immediately prior to the
Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to
receive full and just compensation as allowed by law for all of the Grantor's interests in and to the
Property to be acquired by the State,encumbered with the improvements thereon,if any,and damages,
if any,to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the
"Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's
removal or construction of improvements on the Property shall in no way affect the fair market value
of the Property in determining compensation due to the Grantor in the eminent domain proceedings.
There will be no project impact upon the appraised value of the Property. This grant will not prejudice
the Grantor's rights to any relocation benefits for which Grantor may be eligible.
8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be
liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any
period of time prior to the date of the award. Payment of any interest may be deferred by the State
until entry of judgment.
9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project
without delay and to allow the Grantor to have the use at this time of a percentage of the estimated
compensation for the State's acquisition of a real property interest in the Property. The Grantor
expressly acknowledges that the proposed Highway Construction Project is for a valid public use and
voluntarily waives any right the Grantor has or may have, known or unknown, to contest the
jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the
Highway Construction Project, based upon claims that the condemning authority has no authority to
Form ROW-N-PUAIC
(Rev.04/17)
Page 3 of 5
acquire the Property through eminent domain, has no valid public use for the Property, or that
acquisition of the Property is not necessary for the public use.
10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil,gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the State to take and use all other minerals
and materials thereon,and thereunder.
11.The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special
assessments assessed against Property, including prorated taxes for the year in which the State takes
title to the Property.
12. Notwithstanding the acquisition of right of possession to the,Property by the State in a condemnation
proceeding by depositing the Special Commissioners' award into the registry of the court, less any
amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to
remain in effect until the State acquires title to the Property either by negotiation, settlement,or final
court judgment.
13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
14. It is agreed the State will record this document.
15. Other conditions: None.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the
limitations set forth above.
GRANTOR:
City of Corpus Christi,
a Texas Municipal Corporation
BY:
\,, (it) ). #11,
V, e H.Gray, '.E.
Ex-'utive Directo P blic Wor
Form ROW-N-PUAIC
(Rev.04/17)
Page 4 of 5
Corporate Acknowledgment
State of Texas
County of Nueces
This instrument was acknowledged before me on /7 , 2018,by Valerie II.
Gray, P.E., as Executive Director of Public Works of th i of Corpus Christi, Texas, a Texas Municipal
Corporation, on behalf of said corporation.
��`v`�,'pra�e,, EUSEBIO GARZA, Ill
:: tr Notary Public,State of Texas ary Public in and for the St Texas
Ora; Comm.Expires 02-142021
a„°;P Notary ID 3105972
APPROVED AS TO LEGAL FORM, THIS AL____DAY OF A a 1 , 2018.
FOR THE CITY ATTORNEY`
I
B : IY A A.— b
As• stant City Attorney
CITY LEGAL DEPARTMENT
Form ROW N-PUAIO
(Rev.04/17)
Page 5 of 5
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation
Commission for the purpose and effect of activating
and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by
the Texas Transportation Commission.
By:
Gabriel Lopez,Right of Way Supervisor
Date:
EXHIBIT"A"
County: Nueces Page 1 of 4
Highway: US 181 Dated: October 26,2017
RCSJ: 0101-06-109
Project Limits:From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
Being a 02076 acre(9,045 square feet)parcel of land, situated in the Enriquez Villareal Survey,
Abstract Number 1,Nueces County,Texas,and being a portion of Lot I,Lot 7 and Lot 8, Block
1, of the Craven Heights, as shown by plat thereof,recorded in Volume A, Page 7 of the Map
Records of Nueces County,Texas(M.R.N.C.T.),and being the remainder of that certain tract of
land described in Deed from Lafayette Hatch to the City of Corpus Christi,dated December 14,
1940, as recorded in Volume 263, Page 455 of the Deed Records of Nueces County, Texas
(D.R.N.C.T.), and also being the remainder of that certain tract of land described in Deed from
Rose Graven to the City of Corpus Christi, dated December 13, 1940, as recorded in Volume
263, Page 534, (D.R.N.C.T.). Metes and bounds description of said 02076 acre parcel is as
follows:
BEGLNNING at a TxDOT "Type II"concrete monument found for the northeast corner of the
herein described 0.2076 acre parcel, said monument being the West corner of a tract of land
conveyed to the State of Texas, as recorded in Document #2016005375 of the Official Public
Records of Nueces County, Texas (O.P.R.N.C.T.), and being in the South line of a tract of land
conveyed to the State of Texas, as recorded in Document #2017022243, (O.P.R.N.C.T.), said
monument also being 344.90 feet right of Engineer's Baseline Station 1157+57.19, and having
State Plane Coordinates of N=17,180,845.54,E=1,336,881.05, from which a 5/8 inch diameter
iron rod with plastic cap stamped"CDS/MUREY S.A.TX",bears South 89 deg. 32 min. 38 sec.
East, a distance of 163.83 feet, found for an angle point in said State of Texas tract, Document
#2016005375;
(1) THENCE, South 50 deg. 21 min. 02 sec. West, along the southeast line of said City of
Corpus Christi tract and the northwest line of said State of Texas tract, Document
#2016005375, a distance of 187.61 feet to a point for an angle point of the herein
described 0.2076 acre parcel;
EXHIBIT"A"
County: Nueces Page 2 of 4
Highway: US 181 Dated:October 26,2017
RCSI: 0101-06-109
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
(2) THENCE, South 64 deg. 40 min. 08 sec. West, along the South line of said City of
Corpus tract and the northwest line of said State of Texas tract,Document 42016005375,
a distance of 3.72 feet to a point for the southwest corner of the herein described 0.2076
acre parcel, said point also being the West corner of said State of Texas tract, Document
#2016005375, and being in the in the existing East right-of-way line of Culberson Street
(50 foot right-of-way), from which a 5/8 inch diameter iron rod with plastic cap stamped
"CDS/MUREY S.A. TX", beam South 00 deg. 43 min. 14 sec. West, a distance of 39.40
feet, found for the southwest corner of said State of Texas tract, and being at the
intersection of the existing East right-of-way line of Culberson Street and the existing
North right-of-way line of Interstate Highway 37(variable width right-of-way);
(3) THENCE,North 00 deg.43 min. 14 sec.East, along the West line of said City of Corpus
Christi tract and the existing East right-of-way line of Culberson Street, a distance of
122.48 feet a 5/8 inch diameter iron rod with plastic cap stamped "CDS/MUREY S.A.
TX"found for the northwest corner of the herein described 0.2076 acre parcel,an being in
the South line of said State of Texas tract, Document #2017022243, said iron rod also
being at the intersection of the existing East right-of-way line of Culberson Street and the
existing North right-of-way line of Culberson Street;
(4) THENCE, North 89 deg. 32 min. 38 sec. West, along the North line of said City of
Corpus tract and the South line of said Housing Authority tract, a distance of 146.29 feet
to the POINT OF BEGINNING,containing 02076 acres(9,045 square feet)of land.
EXHIBIT"A"
County: Nueces Page 3 of 4
Highway: US 181 Dated:October 26,2017
RCSJ: 0101-06-109
Project Limits:From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
All bearings and coordinates are based on the Vexes Coordinate System, South Zone (4205),
NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and
coordinate values of surface and grid are equal.All distances are based on U.S.Survey Feet.
Access to and from the transportation facility in areas where access is not specifically denied
hereon,may be permitted in accordance with Access Management Manual guidelines.
A parcel plat of even date was prepared in conjunction with this property description.
**The monument described and set in this call may be replaced with a TxDOT "Type II"right-
of-way marker upon the completion of the highway construction project under the supervision of
a Registered Professional Land Surveyor,either employed or retained by TxDOT.
This survey was performed on the ground under my supervision during February,2017.
. BENNIE L. CALVAN o Bennie L. CialVan
K
* Registered Professional Land Surveyor
,1,. 5229 e.
..v,(,Srss+a°::A°r License No. 5229, State of Texas
ua *� CivilCorp,LLC-4611 E.Airline Suite 4300,Victoria,Texas 77904
361-570-7500
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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.
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Form ROW-N-14
(Rev.07/13)
Page 1 of 3
DEED
TxDOT ROW CSJ: 0101-06-109
TxDOT Parcel No.: 322
Grantor(s),whether one or more:
City of Corpus Christi,a Texas Municipal Corporation
Grantor's Mailing Address(including county):
Attn:Joe McComb,Mayor
P.O.Box 9277
Corpus Christi,Texas 78469
Nueces County
Grantee:
The State of Texas,acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land
and such other property rights(including requesting that counties and municipalities acquire highway right of
way)deemed necessary or convenient to a state highway or turnpike project to be constructed,reconstructed,
maintained, widened, straightened, or extended, or to accomplish any purpose related to the location,
construction, improvement, maintenance, beautification, preservation, or operation of a state highway or
turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code,Chapter 203
to acquire or request to be acquired such other property rights deemed necessary or convenient for the purposes
of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of
traffic and promote the public safety and welfare on both non-controlled facilities and designated controlled
access highways and turnpike projects.
Grantee's Mailing Address(including county):
Texas Department of Transportation
125 East 11th Street
Austin,Texas 78701
Travis County
* N1 4*
Form ROW-N-14
(Rev.07/13)
Page 2 of 3
Consideration:
The sum of TWENTY-SIX THOUSAND FOUR HUNDRED NINETY-FOUR and no/100 Dollars
($26,494.00)to Grantor in hand paid by Grantee,receipt of which is hereby acknowledged,and for which no
lien is retained,either expressed or implied.
Property:
All of that certain tract or parcel of land in Nueces County,Texas, being more particularly described in the
attached Exhibit A(the"Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
1. Visible and apparent easements not appearing of record.
2. Any discrepancies,conflicts, or shortages in area or boundary lines or any encroachments or any
overlapping of improvements which a current survey would show.
3. Easements,restrictions,reservations,covenants,conditions,oil and gas leases,mineral severances,
and encumbrances for taxes and assessments(other than liens and conveyances)presently of record
in the Official Public Records of Nueces County, Texas, that affect the property,but only to the
extent that said items are still valid and in force and effect at this time.
Grantor reserves all of the oil, gas, sulfur in and under the Property but waives all rights of ingress and
egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same;however,
nothing in this reservation shall affect the title and rights of the Grantee,its successors and assigns,to take
and use all other minerals and materials thereon,therein and thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements") located on the
Property,to wit:None
Access on and off Grantor's remaining property to and from the State highway facility shall be permitted except
to the extent that such access is expressly prohibited by the provisions set out in Exhibit "A". Grantor
acknowledges that such access on and off the State highway facility is subject to regulation as may be
determined by the Texas Department of Transportation to be necessary in the interest of public safety or by
applicable local municipal or county zoning,platting or permitting requirements.
GRANTOR,for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty,grants,sells and conveys to Grantee the Property,together with all and singular the
rights and appurtenances thereto in anywise belonging, to have and to hold it to Grantee and Grantee's
successors and assigns forever. Grantor binds Grantor and Grantor's heirs,successors and assigns to Warrant
and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against
every person whomsoever lawfully claiming or to the claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
Form ROW-N-14
(Rev.07/13)
Page 3 of 3
EXECUTED on the date(s)of acknowledgement indicated below.
GRANTOR:
City of Corpus Christi,a Texas Municipal
Corporation
BY: ' �$
• P.E.
E; CHG
utive Director of P blic Wo ks
Corporate Acknowledgment
State of Texas
County of Nueces
This instrument was acknowledged before me on ,2018,by Valerie H.
Gray, P.E., as Executive Director of Public Works of the • f Corpus Christi, Texas, a Texas municipal
corporation,on behalf of said corporation.
•
EXHIBIT"A"
County: Nueces Page 1 of 4
Highway: US 181 Dated: October 26,2017
RCSJ: 0101-06-109
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
Being a 0.2076 acre(9,045 square feet)parcel of land, situated in the Enriquez Villareal Survey,
Abstract Number 1,Nueces County, Texas,and being a portion of Lot 1,Lot 7 and Lot 8, Block
1, of the Craven Heights, as shown by plat thereof, recorded in Volume A, Page 7 of the Map
Records of Nueces County, Texas (M.R.N.C.T.),and being the remainder of that certain tract of
land described in Deed from Lafayette Hatch to the City of Corpus Christi, dated December 14,
1940, as recorded in Volume 263, Page 455 of the Deed Records of Nueces County, Texas
(D.R.N.C.T.), and also being the remainder of that certain tract of land described in Deed from
Rose Graven to the City of Corpus Christi, dated December 13, 1940, as recorded in Volume
263, Page 534, (D.R.N.C.T.). Metes and bounds description of said 0.2076 acre parcel is as
follows:
BEGINNING at a TxDOT "Type II" concrete monument found for the northeast corner of the
herein described 0.2076 acre parcel, said monument being the West corner of a tract of land
conveyed to the State of Texas, as recorded in Document #2016005375 of the Official Public
Records of Nueces County, Texas (O.P.R.N.C.T.), and being in the South line of a tract of land
conveyed to the State of Texas, as recorded in Document #2017022243, (O.P.R.N.C.T.), said
monument also being 344.90 feet right of Engineer's Baseline Station 1157+57.19, and having
State Plane Coordinates of N=17,180,845.54, E=1,336,881.05, from which a 5/8 inch diameter
iron rod with plastic cap stamped"CDS/MUREY S.A. TX",bears South 89 deg. 32 min. 38 sec.
East, a distance of 163.83 feet, found for an angle point in said State of Texas tract, Document
#2016005375;
•
(1) THENCE, South 50 deg. 21 min. 02 sec. West, along the southeast line of said City of
Corpus Christi tract and the northwest line of said State of Texas tract, Document
#2016005375, a distance of 187.61 feet to a point for an angle point of the herein
described 0.2076 acre parcel;
RP-)
EXHIBIT"A"
County: Nueces Page 2 of 4
Highway: US 181 Dated:October 26,2017
RCSI: 0101-06-109
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
(2) THENCE, South 64 deg. 40 min. 08 sec. West, along the South line of said City of
Corpus tract and the northwest line of said State of Texas tract, Document 142016005375,
a distance of 3.72 feet to a point for the southwest corner of the herein described 0.2076
acre parcel, said point also being the West corner of said State of Texas tract, Document
#2016005375, and being in the in the existing East right-of-way line of Culberson Street
(50 foot right-of-way), from which a 5/8 inch diameter iron rod with plastic cap stamped
"CDS/MUREY S.A. TX", bears South 00 deg. 43 min. 14 sec. West, a distance of 39.40
feet, found for the southwest corner of said State of Texas tact, and being at the
intersection of the existing East right-of-way line of Culberson Street and the existing
North right-of-way line of Interstate Highway 37(variable width right-of-way);
(3) THENCE,North 00 deg.43 min. 14 sec.East,along the West line of said City of Corpus
Christi tract and the existing East right-of-way line of Culberson Street, a distance of
122.48 feet a S/8 inch diameter iron rod with plastic cap stamped "CDS/MUREY S.A.
TX"found for the northwest corner of the herein described 0.2076 acre parcel,an being in
the South line of said State of Texas tact, Document #2017022243, said iron rod also
being at the intersection of the existing East right-of-way line of Culberson Street and the
existing North right-of-way line of Culberson Street;
(4) THENCE, North 89 deg. 32 min. 38 sec. West, along the North line of said City of
Corpus tract and the South line of said Housing Authority tract, a distance of 146.29 feet
to the POINT OF BEGINNING,containing 0.2076 acres(9,045 square feet)of land.
EXHIBIT"A"
County: Nueces Page 3 of 4
Highway: US 181 Dated: October 26,2017
RCSJ: 0101-06-109
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 322
All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205),
NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and
coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet.
Access to and from the transportation facility in areas where access is not specifically denied
ha-eon,may be permitted in accordance with Access Management Manual guidelines.
A parcel plat of even date was prepared in conjunction with this property description.
*"Thr monument described and set in this call may be replaced with a TxDOT"Type II" right-.
of-way marker upon the completion of the highway construction project under the supervision of
a Registered Professional Land Surveyor,either employed or retained by TxDOT.
This survey was performed on the ground under my supervision during February,2017.
t
BENNIE L. GALVAN b Bennie L. Galvan
v 5229 At Registered Professional Land Surveyor
t �'•.
v v,i Ass,er*1-jo r License No. 5229, State of Texas
s ua .A CivilCorp,LLC-4611 E. Airline Suite 9300,Victoria,Texas 77904
361-570-7500
/0.2. ":7 Texas Firm Registration No. 100576-00
1
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LULUS NOSy3?i:l.1 ---
The property described above relates to a"whole"property acquisition, so that there is no remainder or
remaining property owned by the Grantors that was originally out of or a part of the property described
above. Therefore,there are no access rights retained or remaining in Grantors,their successors and
assigns,out of or relating to the property described above.
Forth SPD-ROW-A-5
(Res 02105/2015)
PHOTOGRAPHS OF SUBJECT PROPERT1
Include Each Major Improvement
Parcel No.: 322 Local Address: 702 Martin Luther King Drive
Date Taken: November 28.2017 Taken By: Jason C. Reece.R/W-AC
3.Point from which taken: North line of subject property Looking: South at subject property
4 ;.1"
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.�,..`. iT --.` `!I rl i.J.4.— _... Ja.1/
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4.Point from which taken: Aerial Looking: At subject property
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Page 2.1
FLATIRON;DRAGADOS
MEMORANDUM OF AGREEMENT
Date:('I\01 I t. , 2018
City of Corpus Christi,a Texas Municipal Corporation County: Nueces
Attn: Joe McComb, Mayor Highway No.: US 181
P.O. Box 9277 Location: 1208 Peabody Avenue,
Corpus Christi,TX 78469 Corpus Christi,Texas
ROW CSJ No.: 0101-06-109
District: Corpus Christi,Texas
Parcel No.: 321(AC)
Dear Mayor McComb:
You have indicated a willingness to sign a Release and Relinquishment of Access Rights to Highway
Facility which consists of(132.34 linear feet) located at 1208 Peabody Avenue,Corpus Christi,Texas.
It is important to confirm this agreement in order to avoid any possible misunderstanding as to the
details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will
• make payment. The payment of$1,000.00 as herein agreed will constitute full payment to be made by •
TxDOT for the property to be conveyed to the State.
TxDOT and the owner(s)have agreed to the following provisions.
Until payment is made by TxDOT,title and possession of the property to be conveyed remains with you.
You shall bear all risk of loss to any and all such property prior to such payment. Either you or TxDOT
shall have the right to terminate this agreement.
The payment of the amount herein stated and the terms provided constitute the only promises,
consideration and conditions of this purchase; and no other promises, consideration or conditions have
been signified or implied, save and except any benefits which may accrue under the State's Relocation
Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this
agreement.
The State,without cost to the owner,will pay the cost of recording all instruments conveying title to the
State.
It is suggested that you carefully review the proposed Release and Relinquishment of Access Rights to
Highway Facility and satisfy yourself(selves) as to its provisions. With your signing of this agreement
and execution of the Release and Relinquishment of Access Rights to Highway Facility the State will
proceed with the issuance of a State warrant which will be made out jointly to you and to WFG
National Title Company,agent for WFG National Title Insurance Company.
500 N Shoreline Blvd..Suite 500 I Corpus Christi Texos 78401 I T 361.288 2900 I F.361 288 2920 I www harborbridgeproject.com
'Ibb...
FLATIRONIORAGAOOS
This company has been designated as the State's closing agent and is responsible to see that TxDOT
obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At
the same time, you have the right to withhold endorsement of the warrant and not accept payment until
you are fully satisfied on all details of the transaction.
Sincerely,
Ann Scruggs, SR/WA,R/W-RAC,R/W-NAC
Acquisition Right of Way Manager
I(We) fully understand the Texas Department of Transportation proposal as contained in this agreement
and hereby acknowledge receipt of the brochure entitled "Relocation Assistance."
I (We) understand that relocation assistance benefits are handled entirely separate from and in addition
to this transaction and agree that my (our) execution of the Right of Way Deed is based on this
understanding.
BY: ' re
i ( w 41.
Vale IF . Gray, P
Execu e Director • Pu ilk Work
74-6000574 Approved as to form:S'/V-I4
FEI
5(V7
(( As istant City Attorney
Date
For City Attorney
500 N Shoreline Btvd.Suite 500 I Corpus Christi,Texas 78401 I T 361.288 2900 I F:361 288.2920 I www harborbndgeproject corn
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.
ff. .'*
Form ROW-N-13
(Rev.06/12)
Page 1 of 3
RELEASE AND RELINQUISHMENT OF ACCESS RIGHTS TO HIGHWAY FACILITY
STATE OF TEXAS § ROW CSJ: 0101-06-109
COUNTY OF NUECES §
WHEREAS,the Texas Transportation Commission has been authorized under the Texas Transportation
Code to purchase land and such other property rights(including requesting that counties and
municipalities acquire highway right of way) deemed necessary and convenient to a state highway or
turnpike project to be constructed,reconstructed, maintained,widened,straightened,or extended,or to
accomplish any other purpose related to the location,construction, improvement,maintenance,
beautification,preservation,or operation of a state highway or turnpike project,and including the
acquisition of such other property rights deemed necessary for the purposes of operating a designated
state highway or turnpike project,with control of access as necessary to facilitate the flow of traffic and
promote the public safety and welfare on both non-controlled access facilities,as well as facilitating the
construction,maintenance and operation of designated controlled access highways and turnpike projects;
and
WHEREAS,the undersigned are the owners of all that cettain'tract,piece and parcel of land known and
described in Exhibit"A" which is attached hereto and incorporated herein for any and all purposes; and
WHEREAS,said land which is described in said Exhibit"A"being adjacent to and abutting upon the
North side(s)of an existing public way known and designated as Interstate Highway 37;and
WHEREAS,it has been deemed necessary by the Texas Transportation Commission to secure a release
and relinquishment of all or a portion of the owners'abutter's rights of ingress and egress and the right of
direct access to and from the said tract described in said Exhibit"A" to said Highway;
NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
That,City of Corpus Christi, a Texas Municipal Corporation of the County of Nueces, State of Texas,
hereinafter referred to as Owners, whether one or more, for and in consideration of the sum of One
Thousand and NO/100 Dollars($1,000.00)and other good and valuable consideration in hand paid by
the State of Texas, acting herein by and through the Texas Transportation Commission,the receipt of
which is hereby acknowledged,have waived, released and relinquished and by these presents do waive,
release and relinquish forever unto the State of Texas all of Owners' abutter's rights which have accrued
or might otherwise accrue to Owners,their heirs,successors and assigns, including rights of ingress and
egress and the right of direct access to and from the said tract of
* N1 3*
Form ROW-N-13
(Rev.06/12)
Page 2 of 2
land which is described in said Exhibit "A" to said Highway along the right of way line(s) of said
highway between those points, as more specifically described in Exhibit "B" attached hereto and
incorporated herein for any and all purposes.
IN WITNESS WHEREOF, this instrument is executed on this the 17 day of MN , 2018.
GRANTOR:
City of Corpus Christi,a Texas Municipal
Corporation
BY: kI 1 • / • 1._ ►,
rii-ne H.Gra P.E.
cutive Director of I ublic Works
Corporate Acknowledgment
State of Texas
County of Nueces
This instrument was acknowledged before me on 7,7 �7 2018,by Valerie 11.
Gray, P.E., as Executive Director of Public Works of t tty of Corpus Christi, Texas, a Texas municipal
corporation,on behalf of said corporation.
410
001/14 EUSEBIO GARZA, III �/ fI
°' %Notary Public,State of Texas
.tary Public in and for the of Texas
t "': comm. Expires 02-14-2021
,°11, T�� Notary ID 3105972
APPROVED AS TO LEGAL FORM,THIS ) 6 DAY OF ! fl al , 2018.
FOR THE CITY ATTORNEY
By: _
sistant City Attorney
CITY LEGAL DEPARTMENT
EXHIBIT"A"
A tract of land, situated in the Enriquez Villareal Survey, Abstract Number 1, Nueces County,
Texas, being Lot I, Block 40 of the Hillcrest Addition as described in a document for the City of
Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces
County,Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume
62, Pages 175,Map Records, Nueces County, Texas (M.R.N.C.T.), dated February 21, 2003.
EXHIBIT
County: Nueces Page 1 of 3
Highway: US 181 Dated: July 10,2017
RCS3: 0101-06-109 Revised:August 4,20 i 7
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel32I(AC)
Being a description of an "Access Denial Line" delineating an access of denial to the
transportation facility from the abutting property along the common boundary of Interstate
Highway 37 to a portion of a tract of land, situated in the Enriquez Villareal Survey, Abstract
Number 1, Nueces County, Texas, being Lot I, Block 40 of the Hillcrest Addition as described
in a document for the City of Corpus Christi and recorded in Document Nu. 2003035790,
Official Public Records, Nueces County,Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by
plat thereof, recorded in Volume 62, Pages 175, Map Records, Nueces County, Texas
(M.R.N.C.T.), dated February 21, 2003. Metes and bounds description of said "Access Denial
Line"is as follows:
BEGINNING at a 5/8 inch diameter iron rod with 2 inch aluminum cap stamped `Access Denial
Point" set on the South line of said City of Corpus Christi tract,also being on the existing North
right-of-way of Interstate Highway 37 (variable width right-of-way), said 5/8 inch diameter iron
rod with 2 inch aluminum cap stamped "Access Denial Point' being 210.01 feet right of
Engineer's Baseline Station 53+93.70, and having State Plane Coordinates of N=17,180.665.09,
E=1,334,196.31, from which a TxDOT TY II concrete monument found bears South 89 deg. 21
min. 28 sec. East, a distance of 77.51 feet for the Southeast corner of said City of Corpus Christi
tract also being at the intersection of the existing South right-of-way of Noakes Street (50 foot
right-of-way) and the existing North right-of-way of Interstate Highway 37(variable width right-
of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped ".Access Denial
Point" being the East end of said"Access Denial Line";
(1) THENCE, North 89 deg. 21 min. 28 sec. West, along said "Access Denial Line", the
existing North right-of-way line of Interstate Highway 37 and the South line of said City
of Corpus Christi tract a distance of 132.34 feet to a TxDOT Type 11 concrete monument
found for the West end of this "Access Denial Line", said mommnent being 210.09 feet
right of the Engineer's Baseline Station 551-26.04, and having State Plane Coordinates of
N=17,180,666.57, E=1,334,063.98. The total length of the herein described "Access
Denial Line"being 132.34 feet.
EXIHIBIT $'
County: Nueces Page 2 of 3
Highway: US 181 Dated: July 10, 2017
RCSJ: 0101-06-109 Revised: August 4, 2017
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 321(AC)
All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205),
NM) 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and
coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet.
Access is prohibited across the "Access Denial Line" to the transportation facility from the
adjacent property, in areas where access if not specifically denied as shown or described hereon
access may be permitted in accordance with Access Management Manual guidelines.
A parcel plat of even date was prepared in conjunction with this property description.
This survey was performed on the ground under my supervision during February, 2017.
MOUE L. GN,VAtil '
.O�,.rx. oeeaC[�i�l
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'�pRl1l���� ' en to L. Galvan
Registered Professional Land Surveyor
6?-4- License No. 5229, State of Texas
CivilCorp, LLC-4611 E. Airline Suite#300,Victoria,Texas 77904
361-570-7500
Texas Firm Registration No. 100576-00
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Form ROW-N-PUAIC
(Rev.ev.04/17)
Teres Page 1 of 5
Acpertmenl
jr
!T2nspo.-bl on
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION
STATE OF TEXAS § ROW CSJ: 0101-06-109
§ Parcel No.: 321(AC)
COUNTY OF NUECES § Project No.: HP:X597(1)
This Possession and Use Agreement For Transportation Purposes(the"Agreement")between the State of
Texas, acting by and through the Texas Department of Transportation (the "State"), and City of Corpus
Christi, a Texas Municipal Corporation (the "Grantor" whether one or more), grants to the State, its
contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and
use of the Grantor's property for the purpose of constructing a portion of US 181 (the "Highway
Construction Project"). The property subject to this Agreement is described more fully in field notes and
plat map(attached as"Exhibit A"and "Exhibit B") and made a part of this Agreement by reference(the
"Property").
1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below,the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of
Texas the right of entry and exclusive possession and use of the Property for the purpose of
constructing a highway and appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, environmental studies, archeological studies,
clearing, demolition, construction of permanent improvements, relocating, replacing, and improving
existing utility facilities, locating new utility facilities, and other work required to be performed in
connection with the Highway Construction Project. This Possession and Use Agreement will extend
to the State, its contractors and assigns, owners of any existing utilities on the Property and those
which may be lawfully permitted on the Property by the State in the future, and all others deemed
necessary by the State for the purpose of the Highway Construction Project. This grant will allow the
construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on
the Property.
2. In lull consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties,and obligations under this Agreement,the State will tender to the Grantor the sum of Zero
Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the
possession and use of the Property.The State will be entitled to take possession and use of the Property
upon tender of payment. The parties agree that the sum tendered represents 0 percent of the State's
approved value, which assumes no adverse environmental conditions affecting the value of the
Property. The approved value is the State's determination of the just compensation owed to the
Grantor for the real property interest to be acquired by the State in the Property, encumbered with the
improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and
sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement
amount, Special Commissioners' award or court judgment. In the event the amount of the final
settlement or judgment for acquisition of the Property is less than the amount the State has paid for
the possession and use of the Property, then the Grantor agrees that the original amount tendered
represents an overpayment for the difference and,upon written notice from the State,the Grantor will
Form ROW-N-PUAIC
(Rev.04/17)
Page 2 of 5
promptly refund the overpayment to the State.
3. As additional consideration, the State will tender to the Grantor the sum of Three Thousand and
No/100 Dollars($3,000.00), the receipt and sufficiency of which is acknowledged. The parties agree
that the sum tendered under this Paragraph 3:
(i) is independent consideration for the possession and use of Grantor's Property and represents no
part of the State's compensation to be paid for the anticipated purchase of the Property; and
(ii) will not be refunded to the State upon any acquisition of the Property by the State.
4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and
3 above was tendered to the Grantor by the State,or disbursed to the Grantor by a title company acting
as escrow agent for the transaction, (the"Effective Date").
5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances or that proper releases will be executed for the Property prior to funds being disbursed
under this Agreement.The Grantor further warrants that no other person or entity owns an interest in
the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed
liens,claims or encumbrances affecting the Property.
6. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the State in the Property, for negotiation or eminent
domain proceeding purposes,will be the Effective Date of this Agreement.
7. This Agreement is made with the understanding that the State will continue to proceed with acquisition
of a real property interest in the Property. The Grantor reserves all rights of compensation for the title
and interest in and to the Property which the Grantor holds as of the time immediately prior to the
Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to
receive full and just compensation as allowed by law for all of the Grantor's interests in and to the
Property to be acquired by the State,encumbered with the improvements thereon,if any,and damages,
if any,to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the
"Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's
removal or construction of improvements on the Property shall in no way affect the fair market value
of the Property in determining compensation due to the Grantor in the eminent domain proceedings.
There will be no project impact upon the appraised value of the Property. This grant will not prejudice
the Grantor's rights to any relocation benefits for which Grantor may be eligible.
8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be
liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any
period of time prior to the date of the award. Payment of any interest may be deferred by the State
until entry of judgment.
9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project
without delay and to allow the Grantor to have the use at this time of a percentage of the estimated
compensation for the State's acquisition of a real property interest in the Property. The Grantor
expressly acknowledges that the proposed Highway Construction Project is for a valid public use and
voluntarily waives any right the Grantor has or may have, known or unknown, to contest the
jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the
Form ROW-N-PUAIC
(Rev.04/17)
Page 3 of 5
Highway Construction Project, based upon claims that the condemning authority has no authority to
acquire the Property through eminent domain, has no valid public use for the Property, or that
acquisition of the Property is not necessary for the public use.
10.The Grantor reserves all of the oil,gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil,gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the State to take and use all other minerals
and materials thereon,and thereunder.
11. The undersigned Grantor agrees to pay as they become due;all ad valorem property taxes'and special
assessments assessed against Property, including prorated taxes for the year in which the State takes
title to the Property.
12.Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation
proceeding by depositing the Special Commissioners' award into the registry of the court, less any
amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to
remain in effect until the State acquires title to the Property either by negotiation, settlement, or final
court judgment.
13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
14. It is agreed the State will record this document.
15. Other conditions: None.
To have and to hold the Agreement herein described and conveyed,together with all the rights and
appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the
limitations set forth above.
GRANTOR:
City of Corpus Christi,
a Texas Municipal Corporation
BY: k ,
. .,' • ,
Va - ' H.Gray,P. .
DAT'ye Director of'ublic Works
r
i
Form ROW-N-PUAIC
(Rev.04/17)
Page 4 of 5
Corporate Acknowledgment
State of Texas
County of Nueces
This instrument was acknowledged before me on /7 ,2018,by Valerie H.
Gray, P.E., as Executive Director of Public Works of ty of Corpus Christi, Texas, a Texas Municipal
Corporation,on behalf of said corporation.
rEUSEBIO GAfiZA, III
:° Vin=Notary Public, State of Texas
�
� ary Public in and for theof Texas
z�'• �� Comm.Expires 02-14-2021
":41.6..K Notary ID 3105972
APPROVED AS TO LEGAL FORM, THIS I 6 DAY OF in! Gi 2018.
FOR THE CITY ATTORNEY
By:
A taut City Attorney
C Y LEGAL DEPARTMENT
Fomi ROW-N-PUAIC
(Rev.04/17)
Page 5 of
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation
Commission for the purpose and effect of activating
and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by
the Texas Transportation Commission.
By:
Gabriel Lopez,Right of Way Supervisor
Date:
EXHIBIT"A"
A tract of land, situated in the Enriquez Villareal Survey, Abstract Number I,Nueces County,
Texas,being Lot I, Block 40 of the Hillcrest Addition as described in a document for the City of
Corpus Christi and recorded in Document No. 2003035790, Official Public Records,Nueces
County,Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by plat thereof, recorded in Volume
62, Pages 175, Map Records, Nueces County,Texas (M.R.N.C.T.),dated February 21,2003.
EXHIBIT".l3'
County: Nueces Page 1 of 3
Highway: US 181 Dated: July 10, 2017
RCSJ: 0101-06-109 Revised:August 4,2017
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 321(AC)
Being a description of an "Access Denial Line" delineating an access of denial to the
transportation facility from the abutting property along the common boundary of Interstate
Highway 37 to a portion of a tract of land, situated in the Enriquez Villareal Survey, Abstract
Number 1, Nueces County, Texas, being Lot 1, Block 40 of the Hillcrest Addition as described
in a document for the City of Corpus Christi and recorded in Document No. 2003035790,
Official Public Records, Nueces County, Texas(O.P.R.N.C.T.) dated July 9, 2003 and shown by
plat thereof, recorded in Volume 62, Pages 175, Map Records, Nueces County, Texas
(M.R.N.C.T.), dated February 21, 2003. Metes and bounds description of said "Access Denial
Line"is as follows:
BEGINNING at a 5/8 inch diameter iron rod with 2 inch aluminum cap stamped"Access Denial
Point"set on the South line of said City of Corpus Christi tract, also being on the existing North
right-of-way of Interstate Highway 37 (variable width right-of-way), said 5/8 inch diameter iron
rod with 2 inch aluminum cap stamped "Access Denial Point" being 210.01 feet right of
Engineer's Baseline Station 53+93.70, and having State Plane Coordinates of N=17,180,665.09,
E=1,334,196.31, from which a TxDOT TY II concrete monument found bears South 89 deg. 21
min. 28 sec. East, a distance of 77.51 feet for the Southeast corner of said City of Corpus Christi
tract also being at the intersection of the existing South right-of-way of Noakes Street (50 foot
right-of-way) and the existing North right-of-way of Interstate Highway 37(variable width right-
of-way), said 5/8 inch diameter iron rod with 2 inch aluminum cap stamped "Access Denial
Point" being the East end of said"Access Denial Line";
(1) THENCE, North 89 deg. 21 min. 28 sec. West, along said "Access Denial Line", the
existing North right-of-way line of Interstate Highway 37 and the South line of said City
of Corpus Christi tract a distance of 132.34 feet to a TxDOT Type II concrete monument
found for the West end of this "Access Denial Line", said monument being 210.09 feet
right of the Engineer's Baseline Station 55+26.04, and having State Plane Coordinates of
N=17,180,666.57, E=1,334,063.98. The total length of the herein described "Access
Denial Line"being 132.34 feet.
1
c
43
EXHIBIT`3'
County: Nueces Page 2 of 3
Highway: US 181 Dated:July 10, 2017
RCSJ: 0101-06-109 Revised: August 4, 2017
Project Limits: From Beach Avenue
To Morgan Avenue at Crosstown Expressway
Property Description for Parcel 321(AC)
li
All bearings and coordinates are based on the Texas Coordinate System, South Zone (4205),
NAD 1983 (93). Due to the combined surface adjustment factor of 1.00000 the distances and
coordinate values of surface and grid are equal.All distances are based on U.S. Survey Feet.
Access is prohibited across the "Access Denial Line" to the transportation facility from the
adjacent property, in areas where access if not specifically denied as shown or described hereon
access may be permitted in accordance with Access Management Manual guidelines.
A parcel plat of even date was prepared in conjunction with this property description.
This survey was performed on the ground under my supervision during February,2017.
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CivilCorp,LLC-4611 E.Airline Suite#300,Victoria, Texas 77904
361-570-7500
Texas Firm Registration No. 100576-00
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-7.2-AP-152 r�..P1���
f �^ (Rev 8-17/17)i 1� For Comptroller's use only
Application for Texas Identification Number
•See instructions on back
1. Is this a new account? ❑ YES Mail Code 000 NO Enter Mail Code
I I Agency number , 6 ,
Complete Sections 1 -5 Complete Sections 1,2&5
2. Texas Identification Number(TIN)-Indicate the type of number you are providing to be used for your TIN
IZ Employer Identification Number(EIN)(9 digits)
• ❑ Social Security number(SSN)(9 digits) Enter the
cnumber indicated , 7 4 6 0 0 0 5 7 4
❑ Individual Taxpayer Identification Number(ITIN)(9 digits)
• ❑ Comptroller's assigned number(FOR STATE AGENCY USE ONLY)(11 digits)
co
❑ Current Texas Identification Number(FOR STATE AGENCY USE ONLY)(11 digits)
3. Are you currently reporting any Texas tax to the Corpptroller's If"YES,"enter Texas 1 7 4 6 0 0 0 5 7 4 1
office such as sales tax or franchise tax? [In YES ❑NO Taxpayer Number I I 1
Payee Information(Please type or print)
4. Name of payee(Individual or business to be paid)
City of Corpus Christi, a Texas Municipal Corporation
5. Mailing address where you want to receive payments
PO Box 9277
6. (Optional)
N
C I
0 7. (Optional)
a,
) I t
8. (Optional)
1 1
9 City State ZIP code
Corpus Christi , T X, 1 7 , 8, 4 6 9 ,—, 9 2 7 , 7,
10. Payee telephone number SIC Security Zone
(Area code and number) 1 3 , 6 , 1 1 1 8 2 , 6 —, 3 6 5 1 code I 1 type code (0,1,2) code 1 1 1 1
11. Ownership Codes-Check only one code by the appropriate ownership type that applies to you or your business.
LI I - Individual Recipient(not owning a business) ❑ L- Texas Limited Partnership:
If checked,enter the
Texas File Number 1 1
❑ S- Sole Ownership(Individual owning a business):If checked,
enter the owner's name and Social Security number(SSN) ❑ T- Texas Corporation:
If checked,enter the
Owner's name Texas File Number I I 1 1 1 1 1 1 1 1 1
SSN/ITIN(9 digits) I I 1 1 1 t , , , ❑ A- Professional Association:
If checked,enter the
Texas File Number , I 1 1 1 1 1 1 1 1 1
• ❑ P- Partnership: If checked,enter two partner's names and
o Social Security numbers(SSN).If a partner is a corporation,use Corporation:
C- Professional
the corporation's Employer Identification Number(EIN). If checked,enter the
Texas File Number 1 1 I 1 1 1 1 1 1 1 1
Name ❑l 0- Out-of-State Corporation
SSN/ITIN/EIN(9 digits)t 1 1 1 1 1 1 ) IYJ G- Govemmental Entity
Name ❑ U- State agency/University
❑ F- Financial Institution
SSN/ITIN/EIN(9digits)I _ 1 1 I 1 1 1 1 1 1
❑ R- Foreign(out of U.S.A.)
❑ N- Other: If checked,explain.
a 12. Payment Assignment? ❑ YES [I NO Note:A copy of the assignment agreement between payees must be attached.
• Assignee name
cnAssignee TIN Assignment date 1
g 1 1 1 1 1 1 1 1 1 1 1 9 I 1 1 1 1 1
13. Comments
Aulhoriz na ,cant thoriz nt) .} �4I Date
here _ � �J 1 0� 054 3( 12-0147>
• 14.
C.1� ork, L P
N Agency name Prepared by Phone(Area code and number)
15. Texas Department of Transportation Gloria Yake 512-461-7542
' 71 AP-152
(Rev.8-17/17) For Comptroller's use only
Application for Texas Identification Number
•See instructions on back
1. Is this a new account? ❑ YES Mail Code 000 (/ NO Enter Mail Code , _ , I I Agency number 6 0 1 .
Complete Sections 1 -5 Complete Sections 1,2&5
2. Texas Identification Number(TIN)-Indicate the type of number you are providing to be used for your TIN
E ' Employer Identification Number(EIN)(9 digits)
• ❑ Social Security number(SSN)(9 digits) Enter the
o number indicated , 7 4 6 0 0 0 5 7 4
• ❑ Individual Taxpayer Identification Number(ITIN)(9 digits)
m ❑ Comptroller's assigned number(FOR STATE AGENCY USE ONLY)(11 digits)
cn ❑ Current Texas Identification Number(FOR STATE AGENCY USE ONLY)(11 digits)
3. Are you currently reporting any Texas tax to the Copptroller's If"YES,"enter Texas 1 7 4 6 0 0 0 5 7 4 1
office such as sales tax or franchise tax? [InYES LINO Taxpayer Number i I , , , I
Payee Information(Please type or print)
4. Name of payee(Individual or business to be paid)
, City of Corpus Christi, a Texas Municipal Corporation and WFG National Title Insurance Company
5. Mailing address where you want to receive payments
, 4604 Park Springs Blvd
6. (Optional)
N
C , I
o 7. (Optional)
w
8. (Optional)
9. City State ZIP code
Arlington , T X , 7, 7 , 0 1 7 11519161
10. Payee telephone number SIC Security Zone
(Area code and number) , 3 6 , 1 , , 8 2 6 ,—, 3 , 6 , 5 , 1 , code, , I , type code u(0,1,2) code , I
11. Ownership Codes-Check only one code by the appropriate ownership type that applies to you or your business.
❑ I - Individual Recipient(not owning a business) 0 L- Texas Limited Partnership:
If checked,enter the
Texas File Number
❑
s- Sole Ownership(Individual owning a business):If checked,
enter the owner's name and Social Security number(SSN) ❑ T- Texas Corporation:
If checked,enter the
Owner's name Texas File Number
SSN/ITIN(9 digits) , 0 A- Professional Association:
If checked,enter the
Texas File Number
• ❑ P- Partnership: If checked,enter two partner's names and
o Social Security numbers(SSN).If a partner is a corporation,use ❑ c- Professional Corporation:
co the corporation's Employer Identification Number(EIN). If checked,enter the
Texas File Number
Name �❑,{ O- Out-of-State Corporation
SSN/ITIN/EIN(9 digits), I , it lt , , , LYJ G- Governmental Entity
Name ❑ U- State agency/University
0 F- Financial Institution
SSN/ITIN/EIN(9 digits)I I I I I I /
❑ R- Foreign(out of U.S.A.)
❑ N- Other: If checked,explain.
12. Payment Assignment? ❑ YES (f NO Note:A copy of the assignment agreement between payees must be attached.
• Assignee name
• Assignee TIN , Assignment date I I ,
I , I
13. Comments
g Author z ( a agent) �` 4/0D Date
• 14.
sign
C`t occ_ 15u-t4'7 05/31/2018
Cl) Agency name Prepared by Phone(Area code and number)
15. Texas Department of Transportation Gloria Yake 512.461-7542