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HomeMy WebLinkAboutC2018-554 - 10/1/2018 - NA 7 Doc:1:- 2013043074 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 ("Grantor"), whose address is 426 S. Staples Street, Corpus Christi, Texas 78401, 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 descriptions of a utility easement over and across portion of Lot 27, Section 25, 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. C2018-554 10/01/18 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 Developme Mossa Mostaghasi, general partner Date STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 1 , day of 2018, by Mossa Mostaghasi, general partner of MPM Development, LP, n behalf of said partnership p4''' CINDY BUENO ► 1 ' ;D# 1178588-3 cA� • Notary Public � _. `'••. STATE OF TEXAS Notary blic, State of Texas S�'........ 14';', 4 ~:'�rEq=tEa My Comm. Exp. 11-04-2019 • Page 2 of 4 GRANTEE ACCEPTED for the ity o Corpus Christi, Nueces County, Texas, by: kkU) '— • b AlAl � 7‘ � b VaI. H. Gray, • E. Date Exe a five Director of Publ c Works STATE OF TEXAS § § COUNTY OF NUECES § TT This instrument was acknowledged before me on /ilf day of U "!�lil/ , 2018, 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. 0%."y,Vir EUSEBIO GARZA, III t -., e/0 -0A..0 .-"6:706 _az° �+:Notary Public, State of Texas =�-�•• <V Comm. Expires 02-14-2021 Notary Public, State of Te %',ro,;,%r` Notary ID 3105572 APPROVED AS TO LEGAL FORM: S rt Z 17 , 2018. 13 WA *44 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 els AFTER RECORDING RETURN TO: V 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 HOLDER: First Community Bank 0)/- Amy Atkins ice-President STATE OF TEXAS § COUNTY OF NUECES § Thi instru ent -s acknowledged before me on this the ' t day of 2018, by Amy Atkins, Vice-President, First Community Bank. k I 0 / PYP a-'''- SANDRA A 80LIZ ► Notary Public, State of Texas411 / '/4... "C72- Notary Public STATE OF TEXAS ► My Comm. Exp. 09-13-2019 URBAN ENGINEERING Job No.41934.B7.03 • July 25, 2018 Exhibit A 0.100 Acre Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.100 Acre Utility Easement, situated in Lot 27, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; being over and across portions of a 126.079 Acre Tract of Land described in a Deed from Patricia H. Wallace, Trustee #2 to MPM Development, LP, recorded in Document No. 2017045883, Official Public Records of Nueces County, Texas; the said 0.100 Acre Utility Easement being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Found, on the Northwest boundary line of a 9.01 Acre Tract of Land described in a Deed from Gulfway Shopping Center to Yorktown Oso Joint Venture recorded in Document No. 2018002043, Official Public Records Nueces County, Texas, being the East corner of Stampede Drive, a 60.00 Foot Wide public roadway,the South corner of Lot 27, Block 2,Rancho Vista Subdivision Unit 4, a map of which is recorded in Volume 67, Pages 54-55, said Map Records, from Whence a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Found, for the South corner of the said Stampede Drive,the East corner of Lot 1, of the said Unit 4, bears South 28°42'09" West, 60.00 Feet; Thence,North 28°42'09" East, with the common boundary line of the said Unit 4 and the said 9.01 Acre Tract, 94.04 Feet, to a point; Thence, South 61°17'51" East,over and across the said 9.01 Acre Tract, to the common boundary line of the said Lots 27 and 28, being the North corner of the said 126.079 Acre Tract, 660.09 Feet, for the Point of Beginning, and North corner of this Easement; Thence, South 61°17'42" East, with the North boundary line of the said 126.079 Acre Tract, 7.50 Feet, for the East corner of this Easement; Thence, South 28°42'29" West, 579.04 Feet, for the South corner of this Easement; Thence, North 61°17'31" West, 7.50 Feet, to common boundary line of the said Lots 27 and 28, for the West corner of this Easement; S:\Surveying\4I934\B703\OFFICE\METES AND BOUNDS\FN41934.B7.03_20180718_0.10AC_XG.DocxPage I of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 • TBPLS Firm# 10032400 Thence,North 28°42'29" East, with the said common boundary, at 5.00 Feet pass the South corner of the said 9.01 Acre Tract, in all 579.04 Feet, to the Point of Beginning, containing 0.100 Acres (4,343 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes 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. F TFC o URBAN ENGINES G c.'..' GISTEq ( 5;' � A Fp'•.cP JAMES DAVID CARR' 41Yn1 p�,ESS1• �Qs '.:'117).0 Fy James D. Carr, R.P.L.S. �-� License No. 6458 S:\Surveying\41934\B703\OFFICE\METES AND BOUNDS\FN41934.B7.03_20180718_0.I OAC_XG.DocxPage 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE, Firm# 145 •TBPLS Firm# 10032400 cs- i (../) Rancho Vista Subdivision r-l- Xl 0I CI i 2 Unit 4 N �. 3 C Vol. 67, Pgs. 54-55, Map o - -0 m Records of Nueces County, Texas 1 (D (D C':ii/ • I 0 ICD L4 L1 -.Th; 7.5'U.E. 7.5'U.E. (Doc. No. 2012049915, N.C.T.) General Notes: Point of Commencement Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. (Record Bearing/Distance) Legend: in m • 5/8 Inch Iron Rod with cap stamped "URBAN ENGR CCTX" Found u z, CD O P1 ^O 210 p o 0 a O 0 I r 3 h 0 w -i O LINE BEARING DISTANCE CD , P o D• a o L1 N 28'42'09" E 94.04' o Z " L2 S 61'17'42" E 7.50' OF ` �c,.r- L3 N 61'17'31 " W 7.50' W w CD 0 0 0, 3 `0° �° o N L4 S 28'42'09" W 60.00' 9'� e � —I3 Co rn O 0 -P. O 0 '0,0 % C,J 0 .(n b 2 n to Z 7 s.:< <tf1 ,-iO F,", N-i p 3 N 0 N 9.01 Acres out of Lot 28, Section 25 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas (Owner: Yorktown Oso Joint Venture) (Doc. No. 2018002043, O.P.R.N.C.T.) Point of Beginning iiiiit N 28'42'29" E 579.04' (s1 N S 28'42'29" W 579.04' UTILITY EASEMENT 0.100 ACRES o o 0 126.079 Acres out of Lots 24-27, Section 25, (4,343 SQ. FT.) 0 Lots 7-11, Section 24, CD o Flour Bluff and Encinal Z " 3 0 3 Farm and Garden Tracts o P -0 o B o o 55• Vol. A, Pgs. 41-43, Map _ 3 No °W m Records of Nueces County, Texas CD' 9, 0 F. D 0_E N -' (Owner: MPM Development, LP) 0 0 n o-*0'o (Doc. No. 2017045883, O.P.R.N.C.T.) 0' o �n a° N+� Lot 27, Section 25 00 0 .�° a-`'o - M070 I 0 — 00 �o00�D • W ExhibitB �13 - Cl z Sketch to Accompany hi Fieldnotes, for a 0.100 Acre Utility Easement, situated in Lot 27, Section 25, Flour Bluff and Encina) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of DATE: July 5, 2018 Nueces County, Texas; and being over and SCALE: 1 =50' acrossf portionsesriof a 126.079 Acre Tract (IR�� of Land described in a Deed from Patricia I � JOB NO.: 41934.87.03 H. Wallace, Trustee #2 to MPM LSHEET: 1 OF 2 Development, LP, recorded in Document — ENGINEERING DRAWN BY: CTS No. 2017045883, Official Public Records of p77/5(sµTME'OR;MPLSc 5 01.50.1IX 7 4 urbansurvey1 Ourbaneng.com Nueces County, Texas. !NONE: 36'.854.301 """M11b3ANENG.O01 02018 by Urban Engineering arveying\41934\t 54B -D62 <P.dwg w Q Q f- 0 7 Waterman 0 Q CD U O Q. -O (n Justus Dr. � l_.) U Fred's Folly Dr. o > a) 0 Lot 5 Lot 28 Lot 21 m c O r r t -+--) L_ 0 Lot 6 Site Lot 27 Lot 22 0 0- 0 Lot 7 Lot 26 Lot 23 County of Nueces ranch View Drive Corpus Christi, Texas Location Map: N.T.S. DATE: July 5, 2018 L/ : NOT TO SCALE ENGINEERING JOB NO.: 41934.B7.03 �,,,„� „� , ,,„�, ,� SHEET: 2 OF 2 �' 854.3101 DRAWN BY: CTS urbansurveyl curbaneng.com ,:,: 02018 by Urban Engineering ��'�' �0627_0.10AC_SRP.dwy 11116-CV, 91'12V1A Df Doc` 2018043074 Pages 9 10/03/2018 11:51AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $43.00 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 Counts? Texas KARA SANDS hX�'F4Y ;,{.ti A")1 - ` } ?