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HomeMy WebLinkAboutC2017-578 - 12/13/2017 - NA '''017054-186 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. VARIABLE WIDTH DRAINAGE EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Palm Land Investments, Inc., a Texas corporation ("Grantor"), whose address 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, Texas, a Texas home- rule municipal corporation, ("Grantee"), of 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 City, 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, 0.253 acre drainage easement out of and portions of Lots 3 & 4, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, as shown on the map recorded in Volume A, Pages 41-43, 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." The Grantor also grants and conveys to the Grantee the rights of free ingress, egress, and regress to and for the Grantee, all for the purpose of owning and keeping drainage facilities and for the purposes of maintaining, servicing, repairing and inspecting said drainage facilities under, on, and along said tract. The Grantor shall construct a drainage channel from the existing underground system in accordance with plans and specifications provided to and approved by the Grantee's Director of Engineering Services, or designee ("Director"). When the surrounding property is platted, permanent underground storm drainage improvements shall be constructed by the Grantor in accordance with the Unified Development Code. Until the permanent underground storm drainage improvements are constructed in this drainage easement, as required of the Grantor in future platting, Grantor shall maintain said drainage facility to ensure it provides offsite drainage to the existing City of Corpus Christi drainage ditch. Grantor shall maintain and repair said drainage facility within 30 days of the Director's written notice of the type of maintenance or repairs needed. If Grantor does not timely complete maintenance or repairs, Grantee may provide the needed maintenance or repairs and bill Grantor for the Grantee's expense which the Grantor covenants to pay within 30 days after Director's invoice is received. Grantor is deemed to receive the invoice three days after it is mailed to Grantor at the address 2017-578 12/13/17 Palm Land Investments Inc. INDEXED TO HAVE AND TO HOLD, all and singular, the rights and privileges as describe above to the Grantee, its successors, legal representatives, permitted assigns, and franchisees for the proper and public use as a drainage easement and for so long as used for such purposes and, if the use of said drainage easement be ever abandoned, then, in that event, the aforesaid rights and privileges shall cease. Executed in triplicate, each of which constitutes an original. GRANTOR The person signing this drainage easement as Grantor, or 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 LAND INVESTMENTS, INC. Dan aballero, President Date STATE.OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 9Mday of 1 `Vvv44A , 2012, by Dan Caballero, President, Palm Land Inve tments, Inc., a Texas corporation, on behalf of said corporation. +•y ORALIA TREVINO NotaryIU 1:19881482-9 Notary Public, tate of Texas My Commission Expires s•Ire°Fie� 09/08/2820 Page 2 of 3 GRANTEE ACCEPTED for the ity i f Corpus Christi, Nueces County, Texas, by: 01 0-) '1 . ....alai 1,. .74 (\,-7 Vale H. Gray, P. . Date Exec ive Director of Pub is Works STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on /,371iay of •••r�,, j- , 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. ��j' /� `���pgvt�_ EUSEBIO GA ., 111 i°' %c,:Notary Public, State of Texas �.' ' �_ ary Public, State of Texa r�� Comm. Expires 02-14-2021 ' �� iii; o°� Notary ID 3105972 APPROVED AS TO LEGAL FORM: OAC-.4 41' I , 201y. -??1. 11-'d)"\ }7:Wri.. . Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit "A" - Field notes; metes and bounds description Exhibit "B" - Location Map AFTER RECORDING RETURN TO: Major Projects Engineer City of Corpus Christi Development Services Department 2406 Leopard Street Corpus Christi, TX 78408 Page 3 of 3 I t, EXHIBIT A VARIABLE WIDTH DRAINAGE EASEMENT 0.253 ACRE THE STATE OF TEXAS) THE COUNTY OF NUECES) BEING a 0.253 acre tract of land situated in the City of Corpus Christi,Nueces County,Texas,out of and portions of Lots 3&4,Section 27,Flour Bluff and Encinal Farm and Garden Tracts according to the established map or plat thereof as recorded in Volume"A",Pages 41-43 of the Map Records,Nueces County,Texas,and being a portion of Exhibit"B",a called 55.26 acre tract of land described by Special Warranty Deed dated May 24,2013,conveyed from Margo Lyn Moore to Palm Land Investments,Inc.as recorded in Document No.2013020672 of the Official Public Records,Nueces County,Texas and having been ref lied in Document No.2013021576 of the Official Public Records, Nueces County,Texas,said 0.253 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point along the southeast line of a Variable Width Utility Easement hereto described this day,for the south corner of the herein described easement,from which a point marking an exterior corner of Sandy Creek, Unit 2 Subdivision,according to the established map or plat thereof as recorded in Volume 68,Pages 762-763 of the Map Records,Nueces County,Texas,and being along the southwest line of Quartz Drive(a 50-foot Right-of-Way) bears South 61'22'00"East,a distance of 515.00 feet; THENCE,over,into,&across the aforesaid 55.26 acre tract,the following courses and distances: • North 61'22'00"West,a distance of 95.00 feet to an angle point for the herein described easement; • North 46'17'55"West,a distance of 67.32 feet to an angle point for the herein described easement; • North 61'22'00"West, a distance of 110.00 feet to a point for the west corner of the herein described easement; • North 28°38'00"East,a distance of 32.50 feet to a point for the north corner of the herein described easement; • South 61'22'00"East,a distance of 270.00 feet to a point along the southeast line of the aforesaid Variable Width Utility Easement for the east corner of the herein described easement,from which a point marking the west corner of Lot 24,Block 10 of the aforesaid Sandy Creek,Unit 2 bears South 61'22'00"East,a distance of 515.00 feet; THENCE,South 28'38'00'West,along the southeast line of said Variable Width Utility Easement,a distance of 50.00 feet to the POINT OF BEGINNING,CONTAINING within these metes and bounds a 0.253 acre tract of land,more or less. Basis of bearing is based on Deed recorded In Document No.2012049447 of the Official Public Records,Nueces County,Texas. Reference is made to that Plat accompanying this Legal Description. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the ground under my supervision in September,2017 and are true and correct to the best of my knowledge and belief. `Via7 • 09/20/20171fq: *�°co►1 Urban Surveying,Inc. By:Michael K.Williams MICHAEL K. WILLIAMS Registered Professional Land Surveyor s 4 8816 ! Texas No.6616 �y o�ces.. r�/ E21642.03—0.253 Acre Easement(2) 1 HOLLY RD. 114 "°:T 70 AIfY4471065e116,04t AC u tm:ou mwaseAerRS® LYCWODSCIPT CACC047 mune aromas amused Amara* 4,3675 Se. x411 9A ides tuR?OL 19/.4007O - 10 AcIe7A0OASES131510S AC amrAOegYDAD =cm xixeram: OrACIat AMC RECORDS carr r AMMOvom alw• e 0-7=77 namenumer Ilamotermar S 61.220' E II F= _ II __270.00 `3 S117200•E 31500 11 — 1.7 -- I I II Variable Width Drainage Easprrent @f+ pow esseN 11006 Feet I I RR.7'�T _I DEGINNtNG. Ii 0.2 Sq. 40 �I 11 — — — — — — e ------- OR GRMrR w 561'7700E 51500 14 • AMMON raleet o I NI sum IWtIOR OR VARIABLE WIDTH DRAINAGE EASEMENT BEING a 0.253 acre out of land situated in the City of Corpus CMOS. Metes Count'. Twat, o41 of and potions of Loft 3 A Section 27. Flour IMO or* Ening' Foran arta Gordan Traps aWOrhi'ng :o Gro ost06Ks000 nup or plot thereof 0s recorded in Volum. 'A'. Ps9 4!-43 of de Map Records. Names County. Tex0O. and acing a porion of Exhibit B'. a caled 5526 ape ram Of land dscc4Aed ay Specal Warranty Deed 430,0 May 24. 2012. COr0 70d Iron Margo Lyn Were to Pin Lard mesomeres. Inc. as rocaded'n Document No. 2013020672 of th0 Oficial Put15e R0000c. Nuoces County. Texas end Behring Caron milted N Document No. 2013021576 of the OtkW Pubic Records. Nu ces Candy. Texas. 0 200 GRAPHIC SCALE IN FEET I OK B(AMfNG • OG Arta 11 t2 • 6r2200" W 1 95.00' 67.32' N .6.1)35' w L3 I 0 61•22'00• w 1.4 1 N 2336.00 0 32.56: L5 S 2536'00' W 50 00 :10.00' C SURVEYOR'S CERTIFICATE THE ABOVE PLAT AND ACCOMPANYING LEGAL DESORPTION WERE PREPARE() FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION IN SEPTEMBER. 2017 AND ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. OF (— /'y/. e1*Carfi9f\\ (- =7.= K. WI4'13."1 39/20/2017 URBAN SURVEYING. INC. BY: MICHAEL K. WILUA46S REGISTERED PROFESSIONAL LAM) SURVEYOR TEXAS N0. 6616 53ej' v - NOTE. 1NIS SuRYEY WAS C01726ETE0 WTNOUt 71x0 BCliin or Aw ABSTRACT Or 1111.0. 1NE1( WAY 60 FA556,000. OR OTHER MATTERS. 1101 StOwd. 66515 Or WARN* 4 BASED ON DEED RECORDED e1 D OCNAELR 60. 2012049047 Or NE WON. RAM RECORDS. 611.ECE5 DOWRY. TEXAS URBAN SURVEYING INC. =Tom. 1U05 13611 5716663? FRY • 1000110. ()AAO. TEXAS 13111 21747360 FRY r 10031101 31111 111110000. 14)A5 000017614061 FRY • 10/93513 DRAWN BY: MKW J06 NO.: S2146203 4 l Frim: Joni LE-os y of Corpus unristi De 1 ;pment Services/ Special Service. 2406 Leopard, Suite .CJ G,-opus Christi, TX 78408 Doc.t <0170 4186 Pages 6 12/21/2017 3:31F'N Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Race, Color? Rel is ion, Sex? Handicap? Familial Status? or National Ori3in 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(01: FyitJ-«tQY