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Home My WebLink AboutC2018-770 - 12/10/2018 - NA 20/8052865 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 § Palm Land Investment, Inc., a Texas corporation, and Southside Ventures III, L.P., a Texas limited partnership ("Grantors"), of which the address to both entities is 5949 La Costa Drive, Corpus Christi, Texas, 78414, 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 variable width, 0.108 acre utility easement over and across portions of Lots 10 and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, as shown on the map recorded in Volume A, Pages 41-43, 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 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 annurtPnances used in the supply and provision of public utilities. C2018-770 12/10/18 I and singular, the rights and privileges as described above .ssors, legal representatives, permitted assigns, and Palm Land Investment Inc. SCANNED 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. Palm L nd Investment, Inc. and Southside Ventures Ill, L.P. ,06 ll1l21201$ an Caballero, President Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 1'1 day of Novernbix , 2018, by Dan Caballero, President, Palm Land Investment, Inc., a Texas corporation, on behalf of said corporation. This instrument was acknowledged before me on 12 , day of NOVem.bo.Y , 2018, by Dan Caballero, President, Southside Ventures III, L.P., a Texas limited partnership, on behalf of said partnership. rQ� .144,�i, TORI MICHELLE KECK ( 4,„---mizA,thed_. i L,,:Notary Public,State of Texas : +� Comm.Expires 09-23-2020 Notary Public, State of Texas `4`. Notary ID 130834962 Page 2 of 3 GRANTEE ACCEPTED for the ity of Corpus Christi, Nueces County, Texas, by: , I 19-7o Val_1 • H. Gray, P.E. Date Executive Director of i,Public •rks STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on/07;y , day of 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. ,`trgv Pve�:.```�1.1!!, EUSEBIO GARZA, Ill _a z° • s Notary Public, State of Texas 'r,? }� Comm. Expires 02-14-2021 Notary Public, State of T s 'n,VZ%` Notary ID 3105972 APPROVED AS TO LEGAL FORM: ver 1,e, , 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 3 r_i1 1 UTILITY EASEMENT 0.108 ACRES THE STATE OF TEXAS) THE COUNTY OF NUECES} BEING a 0.108 acre tract of land situated in Lots 10&11,Section 26 of the Flour Bluff&Encinal Farm and Garden Tracts as recorded in Volume A,Page 41 of the Map Records,Nueces County,Texas and being a portion of a called 60.54 acre tract of land described by Correction Special Warranty Deed dated February 20,2012,conveyed from L and L Family Partnership,Ltd.to Palm Land Investment, Inc.as recorded in Instrument No. 2012011143 of the Official Public Records,Nueces County,Texas,said 0.108 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8"steel rebar with yellow plastic cap stamped "URBAN SURVEYING, INC." along the southwest line of Oso Parkway(an 80-foot Right-of-Way),marking the east corner of Lot 1,Block 7 of the Cayo Del Oso Subdivision,Section 1 according to the established map or plat thereof as recorded in Volume 68, Pages 727-728 of the Map Records,Nueces County,Texas; THENCE,South 60°32'01"West,departing the southwest right-of-way line of said Oso Parkway,with the southeast line of the aforesaid Lot 1,Block 7,a distance of 54.98 feet to a found 5/8"steel rebar with yellow plastic cap stamped"URBAN SURVEYING,INC."marking the south corner of said Lot 1,Block 7 for the POINT OF BEGINNING and the north most corner of the herein described easement; THENCE,over and into the aforesaid 60.54 acre tract,the following six(6)courses and distances: • South 29°27'59" East,a distance of 7.50 feet to a point marking the east corner of the herein described easement; • South 60°32'01"West,a distance of 389.17 feet to a point marking the south most corner of the herein described easement; • North 61°18'39"West,a distance of 149.17 feet to a point marking an exterior corner of the herein described easement; • North 22°54'19"East,a distance of 2.51 feet to a point marking an interior corner of the herein described easement; • North 61°18'39"West,a distance of 136.91 feet to a point marking the west most corner of the herein described easement; • North 28°41'21"East,a distance of 5.00 feet to a point marking an exterior corner of the herein described easement; THENCE,South 61°18'39"East,at a distance of 40.00 feet passing a set 5/8"steel rebar with yellow plastic cap stamped "URBAN SURVEYING, INC." marking a corner point and continuing for a total distance of 282.17 feet to a set 5/8"steel rebar with yellow plastic cap stamped"URBAN SURVEYING,INC."marking an interior corner of the herein described easement; THENCE, North 60°32'01" East, a distance of 385.00 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 0.108 acre tract of land,more or less. Basis of bearing is based on the Texas State Plane Coordinate System(NAD 83),South Central Zone(4204). This survey was adjusted using a combined scale factor of 1.00003518679844(GEOID12A). The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in February, 2018 and are true and correct to the best of my knowledge and belief. "i OF �.� i' c°‘*e're a gin g 07/23/2018 0 t1 MICHAEL K. WIWAMS Urban Surveying,Inc. + 6616 By:Michael K.Williams ' ('?oeess�o' Registered Professional Land Surveyor � •••••••'�,'�� Texas No.6616 SURv- E21463.02-Utility Easement 1 EXHIBIT A 0 a G LA /I- tip -\ d urvBorwsv *SC' d ,�= d SEC7/ON/ 1 ON ® 6 \C\ / SIT', , • °per KJC.64 PGT.717-71B POINT OF la / MRN.0 11 ,-`� fY 19 20 21 COMMENCING �' O `� "'fff a 1 COv VICINITY MAP POINT OF / 1t5$ ey,M-• 0 100 200 BEGINNING / 9,t r�l3 VOS 3• Ma IIIIIMINM 111 �� N t�j // P` •��' GRAPHIC SCALE IN FEET p o e# LEGEND k• .1 / :S. Q#' 3 6a54ACRE3' '.C) OU 4i / ON Th...standard sm'eal.w L d L FAM/LYPAR7NERSN/V,L7D. 41 ,,p 2 aS be bum In the draft. FALMLANO/HENT,/NC y I 8 /' FT gP DSD S N I 728 0 SET sir STEEL REBAR WITH liar CAP DOC 10/107//13 /pw f 1 yD D"011�717- • FOUND Y9'STEEL REBAR O.RNCT 2 4/„ry DA 88. •N•�' o EASEMENT CORNER 8 /�� yDl Af• —————— PROPOSED EASEMENT UNE Variable Width / Utility Easement / 4692 Sq.Feet / Faa • 0.108 Acres // I LINE BEARING DISTANCE • L1 S 29'27'59" E 7.50' S 61'18'39'E / L2 N 2T54'19" E 2.51' n0.0 • s�'_ i 2 7' T5# / H L3 N 28'41'21" E 5.00' —N 6198'39'W�� N61`18'39'W r OZ 136.91' 149.17' 0, C. y ( SURVEYOR'S CERTIFICATE THE ABOVE PLAT AND ACCOMPANYING LEGAL DESCRIPTION WERE PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION IN FEBRUARY, s# 2018 AND ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1„ ., I .� s T, ' s� ° &7��O * R o9N\\ O ^ MICHAEL K. WILLIAMS I I 07/23/2017 URBAN SURVEYING,INC. \ ..P 661 6 - TI—I� BY:MICHAEL K.WILLIAMS `t .°A•E51Dr;Oq REGISTERED PROFESSIONAL LAND SURVEYOR N;14;''......••••''�,'�.t TEXAS NO.6818 - $UR`I� w • UTILITY EASEMENT e USI , NOTE' THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF BEING a 0.108 acre tract of land situated In Lots 10&11,Section 26 of the Flour Bluff&Endnal Farm and Garden Tracts as AN ABSTRACT OF TITLE. THERE MAY BE EASEMENTS, OR URBAN SURVEYING INC. recorded In Volume A,Page 41 of the Map Records,Nueces County,Texas and being a portion of a called 60.54 acre tract of OTHER MATTERS,NOT SHOWN. land described by Correction Special Warranty Deed dated February 20,2012,conveyed from L and L Family Partnership, VICTORIA,TEXAS (381)2774)081 FIRMS 100211001 BASIS OF BEARING IS BASED 3) THE TEXAS STATEAL PLANE SAN ANTONIO8 (210)287.3881 FIRM 310183103 Ltd.to Palm Land Investment,Inc.as recorded In Instrument No.2012011143 of the Official Public Records,Nueces County, COORDINATE SYSTEM (NAD BJ), SOUTH CENTRAL ZONE SAN ANTONIO,TEXAS(210)287des4 FIRM M 1013934) Texas. (4204). THIS SURVEY WAS ADJUSTED USING A COMBINED SCALE FACTOR OF 1.00003518879844(GEOID12A). DRAWN BY: MKW JOB NO.: E21463.02 EXHIBIT B / . i ,-/Xei' 1/11/44' Attention: City of Corpus Christi Development Services 2406 Leopard St., Ste. 100 (78408) Corpus Christi, TX Doc 201.805286 5 4 Pages 6 12/13/2018 2:30PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $31.00 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