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Home My WebLink AboutC2017-579 - 12/13/2017 - NA 'J1)17054-187 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, 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, 1 .550 acre drainage easement out of and portions of Lots 3, 4, & 5, 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 2017-579 lay within 30 days after Director's invoice is received. Grantor is 12/13/17 Palm Land Investments Inc. INDEXED deemed to receive the invoice three days after it is mailed to Grantor at the address above. 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. JJ a�saoi� Dan aballero, President Date STATE OF TEXAS § COUNTY OF NUECES § � 1( This instrument was acknowledged before me on this& day of /pp 1/O t/L2 fit kr; 2012, by Dan Caballero, President, Palm Land Inv: .tments, Inc., exas corporation, on behalf of said corporation. ORALIA TREVINO i / Au--4.--n-- b Notary 10 x:13081402-9 otary Public State of Texas My Commission Expires 091082020 Page 2 of 3 GRANTEE ACCEPTED for the Cit of Corpus Christi, Nueces County, Texas, by: k ' ' 71,3/ 7 VaI- H. Gray, '.E. Date Exe tive Director of Pu olio Works STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /c7'day of ,/:? cs'-'76B/' , 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. `O� y EUSEBIO GARZA, III _; Notary Public, State of Texas ,• • •mf. Comm. Expires 02-14-2021 '6;;1, Notary ID 3106972 I otary Public, State of T- .•s APPROVED AS TO LEGAL FORM: Pec , 2017. //7(it/6-1-.) P1/4: 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 EXHIBIT A VARIABLE WIDTH DRAINAGE EASEMENT 1.550 ACRE THE STATE OF TEXAS) THE COUNTY OF NUECES) BEING a 1.550 acre tract of land situated in the City of Corpus Christi,Nueces County,Texas,out of and portions of Lots 3,4,&5 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 refiled In Document No.2013021576 of the Official Public Records, Nueces County,Texas,said 1.550 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point marking the west 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,being along the common line between a 35 foot Drainage Easement as recorded in Volume 1922,Page 586 and Volume 1922,Page 595 of the Deed Records,Nueces County,texas,and same being the northeast line of Lot 1,Block 1 of the St.Helena Church Tract,according to the established map or plat thereof as recorded in Volume 62, Page 143 of the Map Records,Nueces County,Texas for the south corner of the herein described easement; THENCE,North 61°22'07"West,along the northeast line of the aforesaid 35-foot Drainage Easement recorded in Volume 1922,Page 595,with the northeast boundary lines of the aforesaid Lot 1,Block 1,Morningstar Estates,Unit 1 Subdivision,according to the established map or plat thereof as recorded in Volume 62,Page 121 of the Map Records,Nueces County,Texas,Morningstar Estates,Unit 2 Subdivision,according to the established map or plat thereof as recorded in Volume 66,Pages 7576 of the Map Records,Nueces County,Texas,and Morningstar Estates, Unit 3 Subdivision,according to the established map or plat thereof as recorded in Volume 67,Pages 329-330 of the Map Records,Nueces County,Texas,a distance of 1402.13 feet to a point marking the west corner of said 55.26 acre tract,sante being the north corner of the aforementioned Morningstar Estates,Unit 3 Subdivision,being the east corner of George Estates,according to the established map or plat thereof as recorded in Volume 68,Pages 456-457 of the Map Records,Nueces County,Texas,and being the south corner of that certain tract of land described by Instrument to Huss Investments Partnership,Ltd.as recorded in Instrument No.2012049447 of the Official Public Records,Nueces County,Texas for the west corner of the herein described easement; THENCE, North 28°45'53" East, along the northwest line of said 55.26 acre tract,with the southeast line of the aforesaid Huss Tract,a distance of 40.00 feet to a point for the north corner of the herein described easement; THENCE,over,into,&across said 55.26 acre tract,the following courses and distances: • South 61°22'00"Fast,a distance of 541.69 feet to a point for an Interior corner of the herein described easement; • North 28°38'00"East,a distance of 176.49 feet to a point along the northeast line of a 15-foot Utility Easement hereto described this day for an exterior corner of the herein described easement; • South 61°22'00"East,along the northeast line of the aforesaid 15-foot Utility Easement,a distance of 65.00 feet to a point for an exterior corner of the herein described easement; • South 28°38'00"West,a distance of 176.49 feet to a point for an Interior corner of the herein described easement; • South 61'22'00"East,a distance of 795.35 feet to a point along the northwest boundary line of said Sandy Creek,Unit 2 for the east corner of tire herein described easement; THENCE,South 28°38'00"West,a distance of 39.95 feet to the POINT OF BEGINNING,CONTAINING within these metes and bounds a 1.550 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. ti , OF ^^""'�� 09/19/201/ � c" °*t •Zry P Urban Surveying,Inc. ° °c By:Michael K.Williams 'n MICHAEL K. WILLIAMS Registered Professional Land Surveyor 1 5•po 6616 t� Texas No.6616 y rSURv'Ap) E21642.02—1.550 Acre Easement(3) ��- 1 CI AAVKA440. HOLLY RD. VA/NAIL PWAXNE 70 n4.10L4Apga6AaL7gy nL' Agrait 1044:047.7Y01152 OCC. a:UMW AMC AVOW' boo RI, GUS', 0176TSSo. Fee 980 *ow ae,4•0CL N1G RE 70 .464818/47/65877745978 NIC .0,8454 L 44.6404477SAIm 1r d rrJr.aw'7 'S -_� •yam -F lib S61.2200•E 561.65' ger fps 0 L I r�ri�aIr I. • OVATE nt. o f: Syrd I I II -Z7- - lam I 1 Variable Width Drainage Easement nJ I I S 1 0 67521 Sq. Feet II 3 1.550 Acres 65.0' 1 1 S11172'00" E 795.35' • e0_., y tJEARRIll. iIq POINT OF BEGINNING N 51.2207• W 1402.1Y • AZ do J,A 1 I 99 TA 0' w 1m fer n.v „ I.w.4b..remao..a• ra Awt EA15011 VARIABLE WIDTH DRAINAGE EASEMENT BEING a 1.550 acre trade( lard Neast0 61516 Cry of Corpus Cnrisd, Nueces Canty. 'exasout of and por*cns of Las 3.4. 8 5 Seeded" 27. Flour BMR astd Encs al Farr. and Garden Tracts acoomaarg b 010 essab5srad map or part thereof as recorded in Vokene 'A•, Rages 41.49 04 ne Mee Records. Nueces Courcy. Texas. and being a portion of ExhL'd 10. a called 55.26 acre tract of lar.( described by Specst. Wanarty Deed dated May 24. 2013. conveyed Dom Margo Lyn Moore to Pakn Line Investments. Inc. as hoarded in Document No. 2013020672 et the Official Pub5c Records. Nueces County, Texas and having been raged it Docurerc N0.2013021576 of tin Official Public Records. Nueces County, Texas. 0 200 400 GRAPHIC SCALE IN FEET VICINITY MAP LEGEND 1.yvtzedtr-6a••• a bund Nfwf aa.ktw o CET sr STEEL Rn+R otTo vsr068 • r0'.rp 541' STEM ot2e.:.c. C E>SEL EN'coEN=-R )N0 6000.5 Cr5L.CE 10 N 2845.53. 0 28X'03 E I w3 14 S 61'22'00. 0 65.00' S 261800- w I 175.69' 15 S 282010 w I 30.95 C SURVEYOR'S CERTIFICATE m X FO 1 THE ABOVE PLAT ANO ACCOMPANYING LEGAL DESORPTION WERE PREPARED FROM A14 ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION IN SEPTEMBER. 2017 AND ARE TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 09'19/2017 URBAN SURVEYING, INC. BY: MICHAEL K. WILLIAMS REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS NC. 6616 son - 1445 S.IEM0 was COMPLETED vaP4OU. THE 80`1070 OF Md ABSTRACT Or TALE. MERE HAM 80 EASEMENTS. OR OTHER HATTERS. 001 50(004. HLS6 Or BEaRIDD K BASE0 ON DEED RECORDED w COW9E741 040. 2012049007 Or THE Or7(0L PUa1C RECORDS. NLECES COu04tt. TERAS . usI URBAN SURVEYING INC. V ICTOTs TERAS 1%115700(0 FRU * 10571700 0060O.TQAS 1341)277400 7R4* 10021001 SAW AXTOw°. TEXAS 5682674450 FRU F 10190643 DRAWN BY: INK8 J08 NO.: 521442.02 ,- , , From: Jo az,c t 05 r y of Corpus arisfi e:di )pment Services/ Special Services 2406 Leopard, Suite C3 ( -rpus Christi, TX 78408 Ooc4 201. -7rA541 87 Fries 6 12/21/2017 3:31P1 Official Records of NUECES COUNTY KARA SANOS COUNTY CLERK Fees $3!).00 Any Provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Relision, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUEC:ES 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