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HomeMy WebLinkAboutC2017-077 - 1/31/2017 - NA O 2017004287 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 § South Padre Investment, L.P., a Texas limited partnership ("Grantor"), whose address is 700 North St. Mary Street, Suite 1825, San Antonio, Texas 78205, 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 two (2) utility easements over and across portions of Lot 4, Section 4, Bohemian Colony Lands, as shown on the map recorded in Volume A, Page 48, Official Deed and Map Records of Nueces County, Texas which descriptions are attached to and incorporated in this document as "Exhibit A" and "Exhibit C," and depicted on the field notes location map attached to and incorporated in this document as "Exhibit B" and "Exhibit D," 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. 2017-077 1/31/17 South Padre Investment LP Microsoft\Windows\Temporary Internet Files\Content.Outlook\R5S7CAC3\Utility Easement v2.doc INDEXED l bice= 21)17004287 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 § South Padre Investment, L.P., a Texas limited partnership ("Grantor"), whose address is 700 North St. Mary Street, Suite 1825, San Antonio, Texas 78205, 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 two (2) utility easements over and across portions of Lot 4, Section 4, Bohemian Colony Lands, as shown on the map recorded in Volume A, Page 48, Official Deed and Map Records of Nueces County, Texas which descriptions are attached to and incorporated in this document as "Exhibit A" and "Exhibit C," and depicted on the field notes location map attached to and incorporated in this document as "Exhibit B" and "Exhibit D," 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. 2017-077 1/31/17 South Padre Investment LP icrosoft\Windows\Temporary Internet Files\Content.Outlook\R5S7CAC3\Utility Easement v2.doc INDEXED 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. South Padre Investment, L.P., a Texas limited partnership By: Donore Investment, Inc., a Texas corporation, its general partner Bye(,(C..440.01,„,,,e li .c , 1 eelan Wilson a/ a Leelan Wilson Sala D t and Leelan Sala, Vice-President STATE OF FLORIDA § COUNTY OF l I 'l § The fore�Qing instrument was acknowledged before me this I �� day of �(kQl , 2017 by Leelan Wilson a/k/a Leelan Wilson Sala and Leelan Sala, who , is J p sonally known to new::-..,����o{ MAR , ' Forogs produced CIO O Ct TS as ct "_GMit3MMISSION#GG04 3.."2. . a EXPIRES October 31,202u I Notary Public x_c I w Printed Name: M arws (�1 My Commission Ex ices: C , 3 0 Commission # Ge(,) 3 U:IUserslCentenAppDatalLocallMicrosoRlWindowslTemporary Internet Files\Content.OutlooklR5S7CAC31Utility Easement v2.doc Page 2 of 3 GRANTEE ACCEPTED for t e Ci y of Corpus Christi, Nueces County, Texas, by: SII I \ 1- h 1,7V1-7 Val,-rir H. Gray, P E. Date Exe •tive Director of P blic Wo ks STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 5) day of N 2017, 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. 0:4;k.,, BOBBY CARROLL HARRAID,JR. i*::*) MY COMMISSION EXPIRES - t: December 5,2018 No - = • ic, State of Texa: ,9,,, APPROVED AS TO LEGAL FORM: ) i� 2 3 , 2017. -br/i/(} Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" and "C," — Metes and Bounds Descriptions Exhibits "B" and "D" — Field Notes Maps AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 U.1Users\CenteriAppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.OutlooklR5S7CAC31Utility Easement v2.doc Page 3 of 3 3°r-3 LI - URBAN ENGINEERING J Job No. 43072.B603 August 15,2016 Exhibit A 0.174 Acre Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.174 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County,Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64,Official Public Records of Nueces County,Texas; the said 0.174 Acre Easement being more fully described by metes and bounds as follows: Beginning, at a TXDOT Monument (Type II) Found, on the Northeast Right-of-Way of Holly Road, a public roadway, being the South corner of the said 32.81 Acre Tract, a Southeast corner of a 25.84 Acre Tract, described in Deed from Revolution Trust Corporation, to the State of Texas for the proposed extension of Crosstown Expressway, as recorded in Volume 2216, Page 894, Deed Records of Nueces County, Texas, for the South corner of this Tract; Thence,North 61°51'41" West,with the common line of the said 25.84 Acre Tract,and the said 32.81 Acre Tract, 496.70 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Found, being the South corner of a 2.271 Acre Tract(Previously Surveyed), for the West corner of this Tract; Thence, North 27°56'17" East, over and across the said 32.81 Acre Tract, with the Southeast line of the said 2.271 Acre Tract, 15.00 Feet, to the North corner of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the North corner of the said 2.271 Acre Tract, bears North 27°56'17" East, 270.35 Feet; Thence, South 61°51'41" East, departing the said 2.271 Acre Tract, 511.86 Feet,to the said common line, from Whence, a TXDOT Monument (Type II) Found, on the Northeast Right-of-Way of Ayers Street, a public roadway, being a Southeast corner of the said 32.81 Acre Tract, for the East corner of the said 25.84 Acre Tract, bears North 73°21'14" East, 49.73 Feet; Thence, South 73°21'14" West, with the said common line, 21.29 Feet, to the Point of Beginning, containing 0.174 Acres(7,564 SOFt)of Land, more or less. Bearings based on GPS,NAD83, State Plane Coordinate System,Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility'fEt acy.. F TF,, Also reference accompanyingsketch of Tract de, " o4... Q ... . . * . URB ENGIN I . . .. ... 1e0_�� JAMES,DAVID.CARR \ 6458 :' / \� lq�FEss\Vp42-) James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\43072\B603\OFF[CE\METES AND BOUNDS\MB_0.174AcreEasement 43072B603.doc Page I of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com 13`) tj TBPE Firm # 145 •TBPLS Firm # 10032400 URBAN] FIRM N 1BPE FIRM N0. 145. 1BPLS FIRM 10032400 2725 SWANINER DR. CORPUS GRE511. TX 78404 PRONE 381.854.3101 WNW.URBANENO.IXY Exhibit B Sketch to Accompany Fieldnotes, for a 0.174 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64, Official Public Records of Nueces County, Texas. A 32.81 Acre Tract Vol. 2336, Pg. 64 Deed Records of Nueces County, Texas Lot 4, Section 4, Bohemian Colony Lands Vol. A, Pg. 48, Map Records of Nueces County, Texas 7 LINE BEARING DISTANCE L1 N 2756'17" E 15.00' L2 S 73'21'14" W 21.29' DATE: August 15, 2016 SCALE: 1 = 50' JOB NO.: 43072.6603 SHEET: 1 OF 2 DRAWN BY: CDS urbansurveyl ®urbaneng.com 02016 by Urban Engineering 14, • • 11/ v°122 d�011y 2jape���oa� eg¢ 4 e�,e dRN�jOa -RA c..(102,42..) LEGEND: 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX" Found 1 0.174 Acres — 7,564 SqFt Utility Easement 0 25 50 GRAPHIC SCALE 1"=50' TXDOT Monument Found (Type II) Point of Beginning 13c1—s COUNTY OF NUECES CITY OF CORPUS CHRISTI � v Exhibit B Sketch to Accompany Fieldnotes, for a 0.174 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64, Official Public Records of Nueces County, Texas. LOCATION MAP N.T.S DATE: August 15, 2016 SCALE: N.T.S. JOB NO.: 43072.6603 SHEET: 2 OF 2 DRAWN BY: CDS urbansurveyl ®urbaneng.com 02016 by Urban Engineering URBAN ENGINEERING 1BPE FIRM NO. 145, TBPLS MI NO. 10032400 2725 S'IANINER OR, CORPUS CHRIST, T% 15.404 PHONE: 361.854.3101 ww.URBA ENG.COY � 1 Li - URBAN ENGINEERING Job No. 43072.B603 August 15, 2016 Exhibit C 0.010 Acre Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.010 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64, Official Public Records of Nueces County, Texas; the said 0.010 Acre Easement being more fully described by metes and bounds as follows: Commencing, at a TXDOT Monument (Type II) Found, on the Northeast line of 1-lolly Road (Right-of-Way Width Varies), for the South corner of the said 32.81 Acre Tract,and a Southeast corner of a 25.84 Acre Tract, described in Deed from Revolution Trust Corporation, to the State of Texas for the proposed extension of Crosstown Expressway, as recorded in Volume 2216, Page 894, Deed Records of Nueces County, Texas; Thence,North 61°51'41" West, with the said 25.84 Acre Tract, and the said 32.81 Acre Tract, 496.70 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the South corner of a 2.271 Acre Tract (Surveyed Same Date); Thence, North 61°51'41" West, with the common line of the said 25.84 Acre Tract, the said 32.81 Acre Tract,and the said 2.271 Acre Tract,301.05 Feet,to a TXDOT Monument(Type II)Found, for the Southwest corner of the said 2.271 Acre Tract; Thence,North 16°57'46" West, with the said common line, 70.82 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Found, for a West corner of the said 2.271 Acre Tract; Thence,North 27°56'09" East, with the said common line, 235.35 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Found, for the North corner of the said 2.271 Acre Tract, for the Point of Beginning, and the West corner of this Tract; Thence,North 27°56'09" East, with the said common line, 30.00 Feet, for the North corner of this Tract; Thence, South 61°51'48" East, departing the said common line,over and across the said 32.81 Acre Tract, 15.00 Feet, for the East corner of this Tract; Thence, South 27°56'09" West, 30.00 Feet,to the Northeast line of the said 2.271 Acre Tract, from Whence,a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the East corner of the said 2.271 Acre Tract, bears South 61°51'48" East, 336.05 Feet; S:\Surveying\43072\B603\OFFICE\METES AND BOUNDS\MB_0.010AcreEasement_43072B603.doc Page I of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm # 145 •TBPLS Firm # 10032400 f3�i —� Thence, North 61°51'48" West, with the Northeast line of the said 2.271 Acre Tract, 15.00 Feet,to the Point of Beginning, containing 0.010 Acres(450 SqFt)of Land, more or less. Bearings based on GPS,NAD83, State Plane Coordinate System,Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. I Also reference accompanying sketch a Tract described herein. F Te, , i,tQ4%sTERei,.1,i`''.Q * • ' : • NENGI E G : JAMES.DAVID.CARR •. 6458 „: o/ i i hibe) V, •AgoPESsvQaPO�; l��j Sl1R`lty� James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\43072\8603\OFFICE\METES AND BOUNDS\MB_0.010AcreEasement 43072B603.doc Page 2 of 2 (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com 1-69 _2 TBPE Firm# 145 •TBPLS Firm#10032400 LL • Point of Beginning LEGEND: 5/8 Inch Iron Rod stamped "URBAN ENGR CCTX" Found TXDOT Monument Found (Type II) LINE BEARING DISTANCE L1 N 27'56'09" E 30.00` L2 S 61'51'48" E 15.00' L3 S 27'56'09" W 30.00' L4 N 61'51'48" W 15.00' DATE: Au,ust 15, 2016 SCALE: 1 = 50' JOB NO.: 43072.8603 SHEET: 1 OF 2 DRAWN BY: CDS urbansurveyl 0urbanen g.com 02016 by Urban Engineering 0.01 Acres — 450 SqFt L2 Utility Easement N 27'56'09" E URBAN ENGINEERING TOPE FFM NO. 143. TOPES FFM N0. 10032400 2725 SMANTNER OR. CORPUS away 1. T% 78404 PHONE 381.854.3101 WWNAIRBANEN!' 0081 • L4 Deed A 32.81 Acre Tract Vol. 2336, Pg. 64 Records of Nueces County, Texas S 61'51'48" E 336.05' Map 2.271 Acre Tract (Previously Surveyed) Lot 4, Section 4, Bohemian Colony Lands Vol. A, Pg. 48, Records of Nueces County, Texas Exhibit D Sketch to Accompany Fieldnotes, for a 0.010 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64, Official Public Records of Nueces County, Texas. 301.05' N 61'51'41" W 797.75' Holly Road (25.84 Acre ROW Dedication Vol. 2218, Pg. 894, D.R.N.C.T.) 0 25 50 GRAPHIC SCALE 1"=50' 496.70' Point of Commencement Botsford Park CiTq /104, COUNTY OF NUECES CITY OF CORPUS CHRISTI 13c1— �O Exhibit D Site Map to Accompany Fieldnotes, for a 0.010 Acre, Utility Easement, of Lot 4, Section 4, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas; being a portion of a 32.81 Acre Tract, described in Warranty Deed from Valleywinds, Inc., to South Padre Investment, Inc., as recorded in Volume 2336, Page 64, Official Public Records of Nueces County, Texas. LOCATION MAP N.T.S DATE: August 15, 2016 SCALE: N.T.S. JOB NO.: 43072.B603 SHEET: 2 OF 2 DRAWN BY: CDS urbansurveyl ®urbaneng.com 02016 by Urban Engineering URBAN ENGINEERING TBPE F11111 NO. 146 ,BLS F1151 NO. 10032400 2725 SWANRER 0R, CORPUS 085511. ix 75404 RHONE 361.854.3101 MWM.URBANENGCON Doc 2017010428-7 T Pages 11 02/03/2017 1:24PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK F„ �G�l e/�'� Fees $«,1111 C y of Corpus +'rni fi Any provision herein which restricts the Sale► Rental or use of the described \\J Demopment Services/ REAL PROPERTY because of Race, Color, Special Services Religion, Sex, Handicap+ Familial Status, or National Origin is invalid and unenforceable 2406 Leopard, Suite -:03 under FEDERAL LAW, 3/12/89. t.")rpus Christi, TX 78408 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