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HomeMy WebLinkAboutC2018-497 - 7/24/2018 - NA 7 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 § MPM Development, LP., a Texas Limited Partnership ("Grantor"), whose address is P.O. Box 331308, Corpus Christi, Nueces County, Texas, 78463, 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: See "Exhibit A" and "Exhibit B," the exhibits collectively being referred to and known as the "Premises." Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that the City of Corpus Christi shall have the right to remove, excavate, and fill upon said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. 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. C2018-497 7/24/18 MPM Development LP SCANNED 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. MPM Development, LP los Mossa Mostaghasi, General Partner Date STATE OF TEXAS § COUNTY OF NLIECES § This instrument was acknowledged before me on j1 , day of 2018, by Mossa Mostaghasi, General Partner of MPM Development, a'Texas Limited Partnership, on behalf of said partnership. :� CHRISTINA RODARTE < <� '� iD# 13075371.8 •` %c:ary Pubic ;��a��;` STATE of TEXAS Notary Public, State of Texas < '�?+''' My Con- Ex: 07•26-2020 5 . vvvv . v ./Vvv ./� Page 2 of 4 GRANTEE ACCEPTED for he ity of Corpus Christi, Nueces County, Texas, by: ' AI& yat, 1.6 V. - - H. Gr-`y, P.E Date Ex tive Director o Public orks STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2V77,1day of C/v/ 2018, by Valerie H. Gray, P.E., Executive Director of Public Works, Cityorpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. AVY.1,. EUSEBI.O GARZA, III b / °'„;‹, Notary Public, State of Texas '�.tary Public, State of Ter°;=7"---- ter'••• +e, Comm. Expires 02-14-2021 Notary ID 3105972 APPROVED AS TO LEGAL FORM: )— ( -/ 26. , 2018. Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" — Metes and Bounds Descriptions Exhibits "B" — Field Notes Maps AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 Page 3 of 4 CONSENT AND SUBORDINATION BY LIENHOLDER First Community Bank ("Lienholder") is the current holder of the beneficial interest of the servient estate. Lienholder hereby consents to the above grant of an easement to the City of Corpus Christi, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) shall not extinguish the rights and interests of the easement. LIEN HOLDE:• ' - .Community Bank Aga nn (48-S4bd STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the lot day of,,,.,r-1.- 2018, by First Community Bank. SW() Mt1 t'cty dr, Sea;,./the MARY ANN MARSHEL ► Q A't' 11,4,4, 4 - 4 ;' %' ID# 715866-6 Notary Public, ate of Texas Notary Public / '' .1 STATE OF TEXAS ../d My Comm. Exp. 11-10-2019 ► Page 4 of 4 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. PH. 361 882-5521— FAX 361 882-1265 • www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw1@igmail.com BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 June 12,2018 17002-M&B.doc UTILITY EASEMENT STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.217 acre tract of land, more or less, for utility easement, a portion of Lots 25 and 26, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A" Pages 41 — 43, Map Records, Nueces County, Texas, said 0.217 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the northwest boundary line of a 125'wide City drainage right-of-way described by instrument recorded at Document No. 2017043998, Official Records of said county, said point of beginning bears S28°41'50"W 683.96' from the northernmost corner of said 125' wide City drainage right-of-way; said northernmost corner of 125'wide City drainage right-of-way bears S61°15'38"E 7.19' from the westernmost corner of a 0.224 acre City sanitary sewer lift station site described by instrument recorded at Document No. 2017043997,said official records; THENCE S28°41'50"W 5.00'to a point for the southeast corner of the tract herein described; THENCE N61°17'42"W 154.83'to a point for interior southeasterly corner of the tract herein described; THENCE S28°42'18"W 100.80'to a point for southeasterly corner of the tract herein described; THENCE N61°17'42"W 15.00'to a point for southeasterly corner of the tract herein described; THENCE N28°42'18"E 100.80'to a point for interior southeasterly corner of the tract herein described; THENCE N61°17'42"W 759.15'to a point for northwesterly interior corner of the tract herein described; THENCE S28°42'18"W 176.50'to a point for northwesterly corner of the tract herein described; THENCE N61°17'42"W 15.00'to a point for northwesterly corner of the tract herein described; THENCE N28°42'18"E 176.50'to a point for interior northwesterly corner of the tract herein described; THENCE N61°17'42"W 115.00'to a point for the westernmost corner of the tract herein described; THENCE N28°42'18"E 5.00'to a point for the northernmost corner of the tract herein described; THENCE S61°17'42"E 1058.98' to the POINT OF BEGINNING, a sketch showing said 0.217 acre tract of land for utility easement being attached hereto as Exhibit"B",this description not being based on an on-the- ground survey. ( /A,/ :'S)6.1%4°44 : '. NIXCiN M.WELSH • EXHIBIT "A" \' 1..4 2211 ��w. , OR O 1p ,: Page 1 of 1 `1N0$1.1•R.4 E - N61'17'42"W / 115.00' / N28'42'18"E f N28 42'18 E 176.50' ,'',1��i� N61'17'42"W 15.00'— 0 o S28'42'18"W 176.50,\ UTILITY EASEMENT, 0.217 AC. z N 41 N m v -- t0 O o cn co io N28'42'18"E 100.80' N61'17'42"W 15.00_ S28'42'18"W 100.80-" N61'17'42"W 154.83) S61'15'38"E 7.19\S28'41'50'W 683.96' 0.224 AC CITY SS 125' WIDE CITY I f LIFT STATION SITE, �S28'41'50"W 5.00' DRAINAGE ROW, DOC. 201 43 O. NO. 2017043998, O.R. 2017043997, O.R. ACL STARRY RD 40' ROW EXHIBIT " B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI ❑N 1' = 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—UE, JOB NO. 18003, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 06/12/18, SHEET 1 OF 1 Ckyof[nrpusChristi Development Services 2406LeupantSuite100 Lorpu» Christi, Texas78408 Doc 201303-70601 t Pages 7 08/02/2018 10:12AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any nrovis{on 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 senuence on the dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS ��. �� ����' _ :Lk���