HomeMy WebLinkAboutC2018-758 - 11/29/2018 - NA 1 r 3-a
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AI EEAIA [ RAL 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 §
AEP Texas Inc., a Delaware corporation ("Grantor"), whose address is 539 N.
Carancahua, Corpus Christ, 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 description of a 15 foot wide utility easement over and across
portions of Lon C. Hill Subdivision, Unit 2 as shown on the map recorded
in Volume 34, Page 41, Official Deed and Map Records of Nueces
County, Texas, which description is attached to and incorporated in this
document as "Exhibit A" and depicted on the location map attached to and
incorporated in this document as "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 buildings or other obstructions as may now be found upon
said permanent easement. Notwithstanding the foregoing, (1) any existing fencing on
the Premises will remain and may be removed only with the prior written consent of
Grantor, and (2) Grantor shall have the right to install additional fencing on the Premises
as may be required for the protection, safety and/or security of the Premises and/or any
Grantor improvements located on property adjacent to the Premises. If any fencing
impacts Grantee's use of the easement area, Grantor will cooperate with Grantee to
resolve the issue. Grantor shall not unreasonably withhold or unreasonably delay
consent to remove fencing.
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,
2018-758 reconstructing, modifying, removing, operating and keeping
11/29/18 under, and along the Premises, including but not limited to
water, storm water detention, filtration, drainage, and gas, and
AEP Texas Inc.
gr,ANImpn
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.
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.
AEP TEXAS INC.
. 7 orL �1 I l - /41-'8
3) P. Todd Ireland Date
Manager, Real Estate Asset Management
American Electric Power Service Corporation
Authorized Signer
STATE OF OHIO §
COUNTY OF FRANKLIN §
This instrument was acknowledged before me on the J W day of November, 2018,
by P. Todd Ireland, Manager, Real Estate Asset Management, American Electric
Power Service Corporation, the Authorized Signer of AEP Texas Inc., a Delaware
Corporation, on behalf of said corporation.
' �...1.�J. /_J. 'i
Signature, Notary Public
i. a fh leen g cacti u� ,,,,,,,,,,„,,,,,,,,,,,
Printed Name c,,GywAB NOT
My Commission Expires:
2�rilte, — �g
Resident of:frY1th...16 Co, 04-1
• • jr; .
[Signatures Continued on Next Page] : `
'' issior�040.```.
�'""g.SLATE OF .
Page 2 of 3
GRANTEE
ACCEPTED for t e ity of Corpus Christi, Nueces County, Texas, by:
hiai\V`- filidi
ValH. Gray, P.E. Date
Execb ive Director of Public Works
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on 9 , day of �t/ -,f ',
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.
`���,n1,5;i,,, EUSEBIO GARZA, III
_: e:4=Notary Public, State of Texas otary Public, State of T
:91PR+v Comm. Expires 02-14-2021Uv
'"i,.it"" Notary ID 3105972
i __
APPROVED AS TO LEGAL FORM: 11 , 2018.
irikta
14,...
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 3
1 CDS muerY
ENGINEERS SURVEYORS
AEP TEXAS INC.
CITY OF CORPUS CHRISTI
NUECES COUNTY,TEXAS
0.514 OF AN ACRE UTILITY EASEMENT
EXHIBIT"A"
BEING a 0.514 of an acre tract of land lying in the Gregorio Farias Survey,Abstract 592,Nueces County,Texas,
being a portion of the Lon C. Hill Subdivision Unit 2 as described and recorded in volume 34, page 41, Map
Records of Nueces County,Texas, same also being out of a portion of a 36.941 acre tract of land described as
"TRACT II"and recorded in document number 2017004821,Official Public Records of Nueces County,Texas,
same also being described by a drawing(AEP UTILITY EASEMENT.dwg,dated October 10,2018)attached to
and made a part hereof and being more particularly described by metes and bounds as follows:
COMENCENCING at a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX" at the
intersection of the northwest right-of-way Iine of Hearn Road(60'wide right-of-way)and the southwest right-of-
way line of Bickham Road(50'wide right-of-way)for the most southerly east corner of the aforementioned Lon
C.Hill Unit 2,the most southerly east corner of the aforementioned 36.941 acre tract and the northeast corner of
the aforementioned 36.941 acre tract;
THENCE along the northwest right-of-way line of the aforementioned Hearn Road, the southeast line of the
aforementioned Lon C.Hill Unit 2 and the southeast line of the aforementioned 36.941 acre tract,S36°35'48"W a
distance of 446.03 feet(Record- S37°33'00"W)to a point for the PLACEOFBEGINNING and an east corner of
the herein described 0.514 of an acre tract;
THENCE continuing along the northwest right-of-way line of the aforementioned Hearn Road,the southeast line
of the aforementioned Lon C. Hill Unit 2 and the southeast line of the aforementioned 36.941 acre tract,
S36°35'48"W a distance of 15.00 feet(Record-S37°33'00"W)to a point for the most easterly south corner of the
herein described 0.514 of an acre tract;
THENCE leaving the northwest right-of-way line of the aforementioned Hearn Road, the southeast line of the
aforementioned Lon C.Hill Unit 2 and the southeast line of the aforementioned 36.941 acre tract,N54°24'32"W
a distance of 584.00 feet to a point for an interior corner of the herein described 0.514 of an acre tract;
THENCE S35°35'28"W a distance of 248.77 feet to a point for an interior corner of the herein described 0.514
of an acre tract;
THENCE S54°24'32"E a distance of 437.32 feet to a point for an interior corner of the herein described 0.514 of
an acre tract;
THENCE N35°35'28"E a distance of 43.17 feet to a point for a north corner of the herein described 0.514 of an
acre tract;
Page 1 of 4
AEP Utility Easement.docx
October 10,2018
3411 Magc Drive•San Antonio,Texas 78229•Phone.(210)581-11 1 1 •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00
AEP TEXAS INC.
CITY OF CORPUS CHRISTI
NIECES COUNTY,TEXAS
0.514 OF AN ACRE UTILITY EASEMENT
THENCE S54°24'32"E a distance of 137.77 feet to a point in the northwest right-of-way line of the
aforementioned Hearn Road,the southeast line of the aforementioned Lon C.Hill Unit 2 and the southeast line of
the aforementioned 36.941 acre tract for the most southerly east corner of the herein described 0.514 of an acre
tract;
THENCE along the northwest right-of-way line of the aforementioned Hearn Road, the southeast line of the
aforementioned Lon C.Hill Unit 2 and the southeast line of the aforementioned 36.941 acre tract,an arc distance
of 15.35 feet with a curve to the right having a radius of 351.97 feet(Record—351.97 feet),a central angle of
02°29'55"and a chord which bears S47°48'20"W a distance of 15.35 feet,to a point for a south corner of the
herein described 0.514 of an acre tract,from which a 1/2"iron rod found with plastic cap stamped CDS/MUERY
S.A.DC."at the point of tangency bears an arc distance of 76.33 feet,with a curve to the right having a radius of
351.97 feet(Record—351.97 feet),a central angle of 12°25'31"and a chord which bears S55°16'02"W a distance
of 76.18 feet;
THENCE leaving the northwest right-of-way line of the aforementioned Hearn Road,the southeast line of the
aforementioned Lon C.Hill Unit 2 and the southeast line of the aforementioned 36.941 acre tract,N54°24'32"W
a distance of 119.52 feet to a point for an interior corner of the herein described 0.514 of an acre tract;
THENCE S35°35'28"W a distance of 43.17 feet to a point for a south corner of the herein described 0.514 of an
acre tract;
THENCE N54°24'32"W a distance of 467.32 feet to a point for the west corner of the herein described 0.514 of
an acre tract;
THENCE N35°35'28"E a distance of 278.77 feet to a point for the most westerly north corner of the herein
described 0314 of an acre tract;
THENCE S54°24'32"E a distance of 262.46 feet to a point for an interior corner of the herein described 0.514 of
an acre tract;
THENCE N35°35'28"E a distance of I3.76 feet to a point for a north corner of the herein described 0.514 of an
acre tract;
THENCE S54°24'32"E a distance of 15.00 feet to a point for the most northerly east corner of the herein described
0.514 of an acre tract;
THENCE S35°35'28"W a distance of 13.76 feet to a point for an interior corner of the herein described 0.514 of
an acre tract;
Page 2 of 4
AEP Utility Easement.docx
October 10,2018
341 I Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I 1 I 1 •Fax:(210)581.5555•TBPE No.F-1733•TBPLS No. 100495-00
AEP TEXAS INC.
CITY OF CORPUS CHRISTI
NUECES COUNTY,TEXAS
0.514 OF AN ACRE UTILITY EASEMENT
THENCE S54°24'32"E a distance of 321.80 feet to the PLACE OF BEGINNING and containing 0.514 of an
acre of land.
The bearing basis for this survey is Grid North,Texas State Plane Coordinate System,NAD I 983(HARN), South
Zone.
THE STATE OF TEXAS X
X KNOWN TO ALL MEN BY THESE PRESENTS:
COUNTY OF BEXAR X
I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were
prepared using information obtained by anon the ground survey made under my direction and supervision in August
2016 thru October 2017 and October 2018.
Date /ore day of Ocb 2018 A.D.
T T.Kub. ;
`'c-2..-Lr.: TSR Registered Professional Land Surveyor
* 4 '0%* No.4505-State of Texas
J01-14 T.KUBALA
„... 4505
Page 3 of 4
AEP Utility Easement.docx
October 10,2018
3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I I I I •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00
i/2- IRON ROD FOUND
Pg. 4 of 4 wm+ PLASTIC CAP
LINE BEARING DISTANCE STAMPED "CDS/MUERY
LEGAL OESC. AEP UTILITY EA MENT.doc, S.A. TX.' .
CDS JOB NO. 113260L1 S36'35'481W 15.00' 4. �{l
o
ci
BEARING BASIS: GRID NORTH ( - STT I 1I) i. ,, ROW. 3
COORDINATE SYSTEM: TEXAS STATE PLANE, L2 N35'35'28"E 43.17' o a
NAD 1983(HARN), SOUTH ZONE L3 S35'35'28"W 43.17' o4 _. 4� POC 1
ALL DISTANCES SHOWN ARE SURFACE. L4 N35'35'28"E 13.76'
(GRID - SURFACE) L5 S54'24'32"E 15.00' tiGI
L6 S35'35'28"W 13.76' o
THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY `!) v.
ONLY. NO VISIBLE EASEMENTS OR EASEMENTS
OF RECORD ARE DEPICTED HEREON.
0 I
62
CURVE RADIUS LENGTH DELTA CHORD BEARISG CHORD LENGTH <-'',
Cl 351.97' 15.35' 02'29'55" S4T48'201W 15.35' A
vl
(RECORD - .151.977 7* I
C2 351.97' 76.33' 12'25'31' 555'16'021 76.18' nk
O - 351.972 h W
(RECORD
vie,
` 1
GREGORIO FARJAS
SURVEY N: 17,198,601.22
ABSTRACT 592 E: 1,270,653.88
POB
L5
S54'24'32"E 262.46' L4 ow L6 554'24'32"E 321.80'`80
. va. 1=��'MM\ \\\ \o 1
Ll
N54'24'32"W 584.00'
O
h O O
°° * 36.941 ACRES aI
nit
W a "TRACT II" Z R
DOC. NO. 2017004821 Ix W
to co O.P.R .N.C. Q
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r M x .
z v) 554'24'32"E
in zr)
tr) In
137.77'
N:C I/
12k"\-. -\N54'24'32'W
554'24'32"E 437.32' L3 119.52'
b- �����m�����-17am.R1�����
C2
N54'24'32"W 467.32' 1/2' IRON ROO FOUND /' !WITH PLASTIC CAP
STAMPED 'CDS/MUERY
LON C. HILL — UNIT 2 SJR TX,
LEGEND VOL. 34, PG. 4l3
•- FOUND MONUMENTATION M.R.N.C.
0- UNMONUMENTED POINT
POB- PLACE OF BEGINNING
POC- PLACE OF COMMENCEMENT
It- PROPERTY LINES /t/
R.O.W.- RIGHT-OF-WAY
M.R.N.C.- MAP RECORDS OF NUECES COUNTY
DR.N.C.- DEED RECORDS OF NUECES COUNTY tzce. 14 T
(RECORD)- RECORD CALLLIC TAKENORDS FROMOF VOLU VOLUS ME 34. �� G\sT'F9 0.514 OF AN ACRE
•
41, M.R.N.G. *IQ' 0%* UTILITY EASEMENT
JONNT.KUBALA AEP TEXAS INC.
':0 4505 Pv` GREGORIO FARIAS SURVEY
100' 50' 0 100' 'OFESsX9?' ABSTRACT 592
ems 1s .'°siiOi
/o ,-yie.:3, NUECES COUNTY, TEXAS
DRAWN BY: DATE:
fi CDS rnuerY J.DRAWIRODRIGUEEZNGNAME: OCTOBER 10, 2018 AMERICAN
, /21;ELECTRIC
ENGINEERS • SURVEYORS AEP UTILITY EASEMENT.dwg POWER
EXHIBIT B
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,
JOHN T.KUBALA
'....0 4505 •.'
‘4 .
0 100' 200' '14 "= , THIS DETAIL IS INTENDED TO IDENTIFY THE 0 s000
LOCATION OF THE PROPOSED WATERUNES AND
SCALE IN FEET EXHIBIT B
IS NOT INTENDED AS A BOUNDARY SURVEY.
1"=100'
DRAWN BY: DATE:
M. RINCON NOVEMBER 19, 2018 =AMERICAN®
0 CDS muery DRAWING NAME: ELECTRIC
ENGINEERS • SURVEY9R§ WATERLINE EASEMENT - EXHIBIT.DWG POWER
3(,/-tyz - 7-4,
j-7126‘c4,. . cwiQg4
Attention:
ti/ City of Corpus Christi
Development Services
2406 Leopard St., Ste. 100 (78408)
Corpus Christi, TX '7 g#00
Docs 201 80:.l1932
IF Pages 9
12/06/2018 11 e 31AM
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 Racer 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
f hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein b9 me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
•