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Home My WebLink AboutC2018-759 - 11/29/2018 - NA for=te 2018051931 r/ 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 § 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 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 two 15.00 foot wide utility easements over and across portions of Lot 6, Cabaniss Acres No. 2, as shown on the map recorded in Volume 68, Page 885, 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 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, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping utility lines in, on, over, under, and along the Premises, including but not limited to C2018-759 rater, storm water detention, filtration, drainage, and gas, and 11/29/18 pipes, conduits, and other equipment, improvements, and supply and provision of public utilities. AEP Texas Inc. ANNEb . 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. p . (( -tZ -( 9 Ah P. Todd Ireland Date V Manager, Real Estate Asset Management American Electric Power Service Corporation Authorized Singer STATE OF OHIO § § COUNTY OF FRANKLIN § 1n This instrument was acknowledged before me on the L 1- 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. •icktiALtuk,4.. r_ii•Ip.)-A- Signature, Notary Public 4j a+hl L,.) K 5 .h Wah Printed Name ��_Scxw,�'4, % ,,, ,k4 T My Commission Expires: it I _ zy_ 7.1'''41Resident of: relNItc kin C 0 4-fro [Signatures Continued on Next Page] ;,.'4 �. 's,,.,�of okt,tok• •:tt Lut�t Page 2 of 3 GRANTEE ACCEPTED for t - t, ity of Corpus Christi, Nueces County, Texas, by: //- w /8 Val . H. Gray, P.E. Date Exec tive Direct. of • ublic Wo ks STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2 , day of A 2018, by Valerie H. Gray, P.E., Executive Director of ublic Works, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. % Notar EUSE910 GARZA, III -/�- ' y Public, Stteof Texas Comm. Expires 02-14-2021 Notary Public, State of Texa '.,,,,,,r Notary ID 3106972 APPROVED AS TO LEGAL FORM: 1 I - , 2018. r.1101 IP% 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 CDS nnuerY ENGINEERS • SURVEYORS AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.029 OF AN ACRE UTILITY EASEMENT EXHIBIT"A" BEING a 0.029 of an acre tract out of Lot 6 of the Cabaniss Acres No.2 Subdivision as described and recorded in volume 68, page 885, Map Records of Nueces County, Texas, same also being described by a drawing (UTILITY EASEMENT 1.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 5/8"iron rod found lying in the southeast right-of-way line of State Highway 286 as described and recorded in volume 8,page 806,Lis Pendens Records of Nueces County,Texas,(a varying width right-of-way) for the most westerly north corner of the aforementioned Lot 6 and the west corner of Lot 1-R, Block I of the Cabaniss Acres No.2 Subdivision as described and recorded in volume 67,page 583,Map Records of Nueces County,Texas; THENCE along the southeast right-of-way line of the aforementioned State Highway 286 and the northwest line of the aforementioned Lot 6,S30°20'07"W a distance of 36.93 feet to a point for the PLACEOFBEGINNING and the north corner of the herein described 0.029 of an acre tract; THENCE leaving the southeast right-of-way line of the aforementioned State Highway 286 and the northwest line of the aforementioned Lot 6, S62°36'04"E a distance of 83.56 feet to a point for the east corner of the herein described 0.029 of an acre tract; THENCE S27°23'56"W a distance of 15.00 feet to a point for the south corner of the herein described 0.029 of an acre tract; THENCE N62°36'04"W a distance of 84.33 feet to a point in the southeast right-of-way line of the aforementioned State Highway 286 and the northwest line of the aforementioned Lot 6 for the west corner of the herein described 0.029 of an acre tract, from which a Texas Department of Transportation Type H Brass Disk found bears S30°20'07"W a distance of 179.23 feet; Page 1 of 3 Utility Easement l.docx October 10,2018 341 I Magic Dm •San Antonio,Texas 78229•Phone:(210)581-1 I 1 l •Fax(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 AEP TEXAS[NC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.029 OF AN ACRE UTILITY EASEMENT THENCE along the southeast right-of-way line of the aforementioned State Highway 286 and the northwest line of the aforementioned Lot 6, N30°20'07"E a distance of 15.02 feet to the PLACE OF BEGINNING and containing 0.029 of an acre of land. The bearing basis for this survey is Grid North,Texas State Plane Coordinate System,NAD 1983(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 an on the ground survey made under my direction and supervision in August 2014 thru January 2016 and October 2018. Date A; day of ._. 4' 2018 A.D. _ SOF fTF n T.Kub �•�o RF Register rofessional Land Surveyor *. ° * No.4505 -State of Texas JOFN T.KUBALA 4505 ,- SUR\Pt Page2of3 Utility Easement I.docx October 10,2018 3411 Magic Drive•San Anconio,Texas 78229•Phone:(210)581-I 1 I I •Fax(210)581-5555•TBPE No. F-1733•TBPLS No. 100495-00 •CDSmuen' ENGINEERS SURVEYORS AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.028 OF AN ACRE UTILITY EASEMENT EXHIBIT"A" BEING a 0.028 of an acre tract out of Lot 6 of the Cabaniss Acres No.2 Subdivision as described in volume 68, page 885, Map Records of Nueces County, Texas, same also being described by a drawing (UTILITY EASEMENT 2.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 SA. TX." in the northwest right-of-way line of Ayers Street(BU286A)(100'wide right-of-way)as described in volume G,page 548, County Court Records of Nueces County,Texas,for the most easterly north corner of the aforementioned Lot 6 and the most easterly south corner of a 1.23 acre tract of land out of Lot 2,Block 7 as described and recorded in volume 2207,page 815,Deed Records of Nueces County,Texas; THENCE along the northwest right-of-way line of the aforementioned Ayers Street(BU286A)and the southeast line of the aforementioned Lot 6,S28°39'40"W a distance of 314.93 feet to a point for the PLACEOFBEGINNING and the east corner of the herein described 0.028 of an acre tract; THENCE continuing along the northwest right-of-way line of the aforementioned Ayers Street(BU286A)and the southeast line of the aforementioned Lot 6,S28°39'40"W a distance of 15.00 feet to a point for the south corner of the herein described 0.028 of an acre tract, from which a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A.TX."bears S28°39'40"W a distance of 157.80 feet; THENCE leaving the northwest right-of-way line of the aforementioned Ayers Street(BU286A)and the southeast line of the aforementioned Lot 6,N6I°35'56"W a distance of 82.06 feet to a point for the west corner of the herein described 0.028 of an acre tract; THENCE N28°24'04"E a distance of 15.00 feet to a point for the north corner of the herein described 0.028 of an acre tract; Page 1 of 3 Utility Easement 2.docx October 10,2018 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-1 I 1 I •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.028 OF AN ACRE UTILITY EASEMENT THENCE S61°35'56"E a distance of 82.13 feet to the PLACE OF BEGINNING and containing 0.028 of an acre of land. The bearing basis for this survey is Grid North,Texas State Plane Coordinate System,NAD 1983(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 an on the ground survey made under my direction and supervision in August 2014 thru January 2016 and October 2018. Date /O='*' day of f:_17:=454C. 2018 A.D. �p�� •.T T.K la c .iG� 04Registered Professional Land Surveyor *' °%* No.4505-State of Texas J01+17.KUBALA = 0 4505 .7.9PESS‘"- Stji Page 2 of 3 Utility Easement 2.docx October 10,2018 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-1 I I I •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 • DETAIL A Pg. 3 of 3 NOT TO SCALE 3' LEGAL DESC. UTILITY EASEMENT T.docx 0 CDS .l0B NO. 118258 5/8' IRON ROD FOUND AlION BEARING _IS:POC COOR DINA ETE SYSTEM: TEXAS E PLANE, e+ NAD I983(HARN), SOUTH ZONE `Cr�'� oo ALL DISTANCES SHOWN ARE SURFACE. y�tic (GRID X 1.00002 a SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF RECORD ARE DEPICTED HEREON. a PO= '>> I 1110 r2Y 4C'F S0 0. / OF e0 Gu t0T 7kk GF4, 810ck�Dtir to t PO 4-44' M� 3/ 20) Pc A. a �' �� 875 V� °jo`O`De°�' �R.H Ay 4 4 ct 0i0'-0+ SEE C ,V s r4,�`. DETAIL t, O /~m• .a� N: 17.153,268.87 A !N" 3 U,0° E: 1,327,759.97 / POC LOT t-R, BLOCK 1 �An, �'/ ' Q°c" POB C4S4NISS ACRES NO. 2 �// .8.•`' a / S62'36'04'E wl. u'R 5a5 `/ N30'20'07-E ° LL� 83.56' 15.02' / .* S2T23'S6V S' .o, N62'36'04"W 15.00' {/// yR,�' 84.33' / TXDOTTYPEII BRASS DISK MONUMENT FOUND LOT 6 CABANISS ACRES NO. 2 VOL. 68, PG. 885 / 7/.i M.R.N.C. ��E, '.'.T, T �.'G1 E9 LOT 2, SECTION 7 �a,* BOHEMIAN COLONY LANDS VOL. A, PC. 48 JOhN T.KUBAtA AI.R.N.C. :A 4505 v.: �oFESS'Q �811FN 100' 50' o 100' Ap/A09 �- I LEGEND 0.029 OF AN ACRE EASEMENT o— UNMONUMENTED POINT AEP TEXAS INC. •— FOUND MONUMENTATION BOHEMIAN COLONY LANDS POB- PLACE OF BEGINN NG POC- PLACE OF COMMENCEMENT R.- PROPERTY LINES BLOCK 7, LOT 2 R.O.w.- RIGHT-OF-WAY NUECES COUNTY, TEXAS MLI.R.N.C.- DEED RECORDS OF NUECES COUNTY EXHIBIT B .R.N.C.- MAP RECORDS OF NUECES COUNTY DRAWN BY: DATE: 0 CDS I I It.IeI Y J. RODRIGUEZ OCTOBER 10, 2018 z;AMERICAN DRAWING NAME: ELECTRIC ENGINEERS • SURVEYORS UTILITY EASEMENT 1.dwg POWER ftp rar. 1 ,, z ,, . '-; •fir . r�; s, ,f-',-. Pg. 3 of 3 LEGAL DESC. IJT1UTY EASEMENT 2.docz COS JOB NO. 118258 BEARING BASIS: GRID NORTH COORDINATE SYSTEM- TEXAS STATE PLANE, NAD 1983(HARN)• SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID X 1.00002 = SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY, NO VISIBLE EASEMENTS OR EASEMENTS A.?S OF RECORD ARE DEPICTED HEREON. 4Rfs Ot,i, LOT 1-R, BLOCK 1 OF Bic,, o Q C4BANISS ACRES NO. 2 ? / VOL. 67, PG. 583 L T � COLO AA.R.N.C. M SNA. / LOCO ‘2Q7 t. 61.s. O3 RNc / / POG / LOT 6 • CABANISS ACRES NO. 2 ROOFOUNDWITH VOL. 68, PG. 885 PLASTIC CAP STAMPED 'COSIMUERY S A TX' M.R.N.C. / LOT 2, SECTION 7 �ti4�J, BOHEMIAN COLONY LANDS VOL. A, PC. 48 ci /3x A!.R.N.C. r. ps, 'o /* S61'35'56"E -'+' 82.13' �/ N28'24'04'E�• 7 N: 17'052,782. S' 15.00' E: 1.328,519.4 2 POB / N61'35'5611 ° S28'39'40W T 82.06' 15.00 c'�,•GiST-R , 7kQ o* / JOHN T.KUBALA ry�y 0 4505 v: 100' 50' 0 100' / q 'ss..• �-i. ` 3 3' 12'IRON / /4,74-Ag LEGEND ROD FOUND WITH PLASTIC CAP C)- UNMONUMENTED POINT STAMPED RY S A 0.028 OF AN ACRE EASEMENT CDS MUE •- FOUND MONUMENTATION TX* AEP TEXAS INC. • POD- PLACE OF BEGINNING POC- PLACE OF COMMENCEMENT BOHEMIAN COLONY LANDS it.- PROPERTY LINES R.O.W.- RIGHT-OF-WAY BLOCK 7, LOT 2 D.R.N.C.- DEED RECORDS OF NUECES COUNTY EXHIBIT B M.R.N.C.- MAP RECORDS OF NUECES COUNTY NUECES COUNTY, TEXAS DRAWN BY: DATE: CDSrnuery RODRIGUEZ OCTOBER 10, 2018 AMEARTICAN DRAWING NAME: ELECTRIC RIC ENGINEERS • SUR EYORS UTILITY EASEMENT 2.dwg POWER I-__ CABANISS ACRES,I BLOCK 1 I I r VOL. 10, PG. 20I M.R.N.C. 1 _ I_ .. — -- t . S - --_ ----BOHEMIAN`COLONY-LANDS - _ ' --- It 1.23 ACRES OUT OF LOT 2, BLOCK 7 I ---- VOL. 2207. PG. R15-AD 17 R N C I LOT 1-R, BLOCK 1 CABANISS ACRES NO. 2 VOL. 67, PG. 58.3 I- M.R.N.C. / N \ " SEE DETAIL A / _ kEEREgEt SEE DETAIL B\.......... d d m } LOT 6 co -co 3 CABANISS ACRES NO. 2 t VI CSI I CV VOL 68, PG. 886 ;j W o ILR.N.C. I ad xI 04 — ~ II k;it2 E"4 _ Wx & WLIi C7 I- • W IE' Z \\'-.= iii :F2E C O W w ( V45 300' 150' 0 300' a0 oma; ,, , 30/- 8.2& - -- . . .,. <.,_ , ,. f Attention: City of Corpus Christi Development Services 2406 Leopard St., Ste. 100 (78408) Corpus Christi, TX '7gyog Doc 2i i 180_051931 T Pages 11 12/06/2018 11:31AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK. Fees $51.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race: Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS r7 --) fi's Ali__