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HomeMy WebLinkAboutC2018-760 - 11/29/2018 - NA 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 a varying width utility easement over and across portions of Lon C. Hill Subdivision, Unit 1 as shown on the map recorded in Volume 34, Page 103, 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 C2018-760 ✓ater, storm water detention, filtration, drainage, and gas, and 11/29/18 ipes, conduits, and other equipment, improvements, and supply and provision of public utilities. AEP Texas Inc. SCANNED ,G>-Nrrv►c 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. no, P. Todd Ireland Date V' Manager, Real Estate Asset Management American Electric Power Service Corporation Authorized Singer STATE OF OHIO § COUNTY OF FRANKLIN § This instrument was acknowledged before me on the . day of November, 2018, by 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. 411111LALft. Signature, Notary Public iI 141'L.LJl . chto -1%/07,41„ Printed Nametp My Commission Expires: 21 �I1qH .._. .._ ; c Resident of: Ri.altkw►CO. , 0}x('0 `� + r a a [Signatures Continued on Next Page] •'•.,,�•SrssioNo�,'' .,,,ATEof+9„,t+ Page 2 of 3 • GRANTEE ACCEPTED for the ity o' Corpus Christi, Nueces County, Texas, by: A accD ,_ , , I ! ,,,./e> Val-$--, H. Gray, P. . Date Executive Director of Publi h Works STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 2 , day of �,!ldG�dC✓' , 2018, byValerie H. Gray, P.E., Executive Director of Public Works, City of Corpus Y Christi, a Texas home-rule municipal corporation, on behalf of said corporation. � / � . .�`11"1-��v ���i EUSE$10 GARZA, III -og ' 'r. ?.Notary Public, ofTexas a y to li State -::;:&.f1. - Comm. Expires 02-14-2021 Not.ry Public, State of '- ��inn%; Notary ID 3105972 APPROVED AS TO LEGAL FORM: I I 2 , 2018. 13WA 1044 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 muenr ENGINEERS SURVEYORS AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.220 OF AN ACRE UTILITY EASEMENT EXHIBIT"A" BEING a 0.220 of an acre tract of land lying in the Gregorio Farias Survey,Abstract 592,Nueces County,Texas, same being a portion of Lon C.Hill Subdivision Unit 1 as described and recorded in volume 34,page 103,Map Records of Nueces County,Texas,same also being described by a drawing(LH-SC 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 2" iron pipe found in the northwest right-of-way line of F.M. Highway 1694 (Callicoatte Road)(a varying width right-of-way) for the most southerly east corner of the aforementioned Lon C. Hill Subdivision Unit I; THENCE along the northwest right-of-way line of the aforementioned F.M.Highway 1694 and a southeast line of the aforementioned Lon C. Hill Subdivision Unit 1, S35°48'38"W a distance of 486.95 feet (Record - S36°45'00"W)to the PLACE OFBEGINNING and the most northerly east corner of the herein described 0.220 of an acre tract; THENCE continuing along the northwest right-of-way line of the aforementioned F.M. Highway 1694 and a southeast line of the aforementioned Lon C.Hill Subdivision Unit I,S35°48'38"W a distance of 15.00 feet(Record -S36°45'00"W)to a point for the most easterly south corner of the herein described 0.220 of an acre tract; THENCE leaving the northwest right-of-way line of the aforementioned F.M.Highway 1694 and a southeast line of the aforementioned Lon C. Hill Subdivision Unit 1, N54°15'30"W a distance of 227.92 feet to a point for an interior corner of the herein described 0.220 of an acre tract; THENCE S35°48'38"W a distance of 24.54 feet to a point for an interior angle corner of the herein described 0.220 of an acre tract; THENCE S09°11'22"E a distance of 169.11 feet to a point for an angle corner of the herein described 0.220 of an acre tract; THENCE S35°48'38"W a distance of 50.86 feet to a point for an interior corner of the herein described 0.220 of an acre tract; THENCE S54°11'22"E a distance of 108.35 feet to a point in the northwest right-of-way line of the aforementioned F.M.Highway 1 694 and a southeast line of the aforementioned Lon C.Hill Subdivision Unit 1 for the most southerly east corner of the herein described 0.220 of an acre tract; Page t of4 LH-SC UTILITY EASEMENT.docx October 10,2018 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I 1 I I •Fax:(210)581-5555•TBPE No.F-1733•TBPIS No. 100495-00 AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.220 OF AN ACRE UTILITY EASEMENT THENCE along the northwest right-of-way line of the aforementioned F.M.Highway 1694 and a southeast line of the aforementioned Lon C.Hill Subdivision Unit 1,S35°48'38"W a distance of I5.00 feet(Record-S36°45'00"W) to a point for the most westerly south corner of the herein described 0.220 of an acre tract,from which a 1/2"iron rod found with plastic cap stamped"CDSIMUERY S.A.TX."for the most southerly east corner of a 49.562 acre tract of land described as"TRACT I"and recorded in document 2017004821,Official Public Records of Nueces County,Texas,bears S35°48'38"W a distance of 163.87 feet(Record-S36°45'00"W); THENCE leaving the northwest right-of-way line of the aforementioned F.M.Highway 1694 and a southeast line of the aforementioned Lon C. Hill Subdivision Unit 1,N54°11'22"W a distance of 123.34 feet to a point for the most southerly west corner of the herein described 0.220 of an acre tract; THENCE N35°48'38"E a distance of 59.65 feet to a point for an interior angle corner of the herein described 0.220 of an acre tract; THENCE N09°11'22'V a distance of 169.11 feet to a point for an angle corner of the herein described 0.220 of an acre tract; THENCE N35°48'38"E a distance of 24.48 feet to a point for an interior corner of the herein described 0.220 of an acre tract; THENCE N54°15'30"W a distance of 20.20 feet to a point for the most northerly west corner of the herein described 0.220 of an acre tract; THENCE N35°44'30"E a distance of 21.25 feet to a point for the north corner of the herein described 0.220 of an acre tract; Page 2 of 4 LH-SC UTILITY EASEMENT.docx October 10,2018 34 ! magic Drive•San Antonio,Texas 78229•Phone:(210)581-111 I •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.220 OF AN ACRE UTILITY EASEMENT THENCE S54°15'30"E a distance of 263.13 feet to the PLACE OF BEGINNING and containing 0.220 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. 740 Date /o — day of9cy�$� ._2018 A.D. AFT .Kuba �� �� fR / Registered Professional Land Surveyor :k.'2 1 °.* No.4505-State of Texas JOIN T.Kt BALA \ ji' (-qyOb° Page 3 of 4 LH-SC UTILITY EASEMENT.docx October 10,2018 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I I 1 1 •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 • i Pg. 4 of 4 LEGAL DESC. LH-SC UTILITY EASEMENT.doC* CDS JOB NO. 118259 LON C. HILL SUBDMSION UNIT 3 BEARING OASIS: GRID NORTH VOL. 49. PG. 177 POC COORDINATE SYSTEM: TEXAS STATE PLANE. NAD M.R.N.C. 2' IRON 1983(HARN), SOUTH ZONE PIPE FOI.NO ALL DISTANCES SHOWN ARE SURFACE. (GRID s SURFACE) THIS E G4IBTT REPRESENTS A BOUNDARY SURVEY -*-0 ONLY. NO VISIBLE EASEMENTS OR EASEMENTS m OF RECORD ARE DEPICTED HEREON r+ 'ti� i'A GR QOPJO FARMS SURPET a m • 592 POB w Q N N: 17,197,25700 E 1,271.343.95 �'`1� CS54'15'30'E 263.13' L6° � ` 1\��,\�y,\�`JL�1\►: �1U1��111 \ \ oLt °� o N54.15'30"W 227.92' I L2 L4j o Som, cod 3 + I . LON C. HILL a `` I o q.' . ‘2F SU�tVISION UNIT 1 ��`,'� �� VOL 34, PG. 103 a D2 ? M.R.N.C. H E LINE BEARING DISTANCE ',` ��• x d = L1 S35'48'38'W 15.00' (RECORD - 5J645t0 ) �7. x t� 3 L2 S35'48'38'W 24.54' .a 0 L3 S35'48'38'W 15.00' • C ( c -S,�-45'oo'W) L4 N35'48'38'E 24.48' Cr.v ', L5 N54'15'30'W 20.20' ° L6 N35'44'30'E 21.25' w_ j o F/ M in'n i oi ( to I I • OF �, M a oEn S54'11'22'E 108.35' o z ` *,i e• 71T d'..* N54'11 22"W 123.34' l JOHN T.KUBALA g m n \ -....c, 4505 v �tiF •yOSUR y 4czi� 0 Ce LEGEND 1/2' IRON ROD FOUND �- FOUND MONUMENTATION REMAINING PORTION OF WITH CAP STAMPED O- UNMONUMENTED POINT 49.562 ACRES 'CDS/MUERY SA TX.' POB- PLACE OF BEGINNING TRACT I' POC- PLACE OF COMMENCEMENT DOC M 2017004821 R- PROPERTY UNES O.P.R.N.C. 0.220 OF AN ACRE R.O.W.- RIGHT-OF-WAY M.R.N.C.- MAP RECORDS OF NUECES COUNTY UTILITY EASEMENT O.P.R.N.C.- OFFICIAL PUBLIC RECORDS OF NUECES COUNTY (RECORD)- RECORD CALL TAKEN FROM AEP TEXAS INC. VOLUME 34, PAGE 103, M.R.N.C. 0 e0• 120' GREGORIO FARIAS SURVEY ABSTRACT 592 SCALE IN FEET EXHIBIT B NUECES COUNTY, TEXAS 1'-6J' m r DRAWN BY: DATE: -0CDS 1 1 1ue1 M. RINCON OCTOBER 10, 2018 AMERICAN' DRAWING NAME: ELECTRIC ENGINEERS • SURVEYORS UI—SC Utility Easement.dwg iPOVVER / \ \\ / \ N N: 17,197,388.23 , 'v \ E: 1,271,148.35 \w.\ / \ 4, \13951'‘4 N \..,,\ :/ }› \ N N: 17,197,380.11 / \ E 1,271,142.50 / a / N N k N 1 \ \ \\ N: 17,197,359.94_4 N `` N E: 1,271.127.93 I ; I \\\h \\ I 1 II \\� \\\ II ' I \,4 N I \ \y.\\ ' ' I \\�w\\ I S ' \�w\ N \1 \N w NN \ ' ' II N.roty\\ I \ I a I \\ \ \ \\ I I N "'N I N: 17,197,250.71\ I ` I I E: 1,271,339.43 a II 1 II II ' II I 3 N: 17,197,192.99 E: 1,271,154.94 ?"-- / / / / /// / / \ o� N: 17,197,148.192('t' \\\ E: 1,271,122.61 \ \� \ • w \ \ ti � OFT \,��\ Qvv °'� �'`ST�RF *.: o;fir \N N.y. \\ JOHN T.KUBALA N \ \ .0 4505 N: 17,197,080.41`• 1/1;'• S \o E: 1,271,216.56 �°SURA i, 'Vei ' 0 40' 80' THIS DETAIL IS INTENDED TO IDENTIFY THE iiM= � LOCATION OF THE PROPOSED WATERLINES AND _ minimmini IS NOT INTENDED AS A BOUNDARY SURVEY. SCALE IN FEET EXHIBIT B 1"=40• DRAWN BY: DATE: CDS mu�rY M. RINCON NOVEMBER 19, 2018 =AMERICAN' 1 DRAWING NAME: ELECTRIC ENGINEERS •taSURVEYORS WATERLINE EASEMENT — EXHIBIT.DWG POWER . 3(,/- 8.24 -t.0 71 . ... . ,d7',,e.d Attention: City of Corpus Christi Development Services 2406 Leopard St., Ste. 100 (78408) Corpus Christi, TX '7 gyQg Docd 201,80519-30 T Pages 9 12/06/2018 11:31AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $43.01) 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 41-g0—',. `:' x S�,r K.- - r. .A. ice- _a v X..K t .k..7-7)'