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HomeMy WebLinkAboutC2019-078 - 1/7/2019 - NA S A�...)s. 2 1 9 0 :Y,3 1 64r 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 Christi, Texas, 78401, 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 15.00 foot wide utility easement over and across portions of Gregorio Farias Survey Abstract 592 Nueces County, Texas, same being a portion of Lon C. Hill Subdivision Unit 1 as shown on the map recorded in Volume 34, Page103, 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, C2019-078reconstructing, modifying, removing, operating and keeping 1/07/19 under, and along the Premises, including but not limited to water, storm water detention, filtration, drainage, and gas, and AEP Texas Inc. SCANNED 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. 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. _ 12- 2i — /8 P. Todd Ireland Date Manager, Real Estate Asset Management American Electric Power Service Corporation STATE OF OHIO § COUNTY OF FRANKLIN § This instrument was acknowledged before me on 2-1 , day of DL 2018, by1.i ddOcgt5,G •, a Texas corporation, on behalf of said corporation. ;0..\\\ i�ec Ashley R. Lawson Attorney At Law Notary Publi , S ate of Ohio Notary=* *= Public,State of Ohio rY -.01111*.:: :". My commission has no expiration date Sec.147.03 R.C. Page 2 of 3 I$ED 1021- GRANTEE ACCEPTED f.r th • City of Corpus Christi, Nueces County, Texas, by: Alt I / 7 Zvi9 VIr rie H. G ay P E. Date Executive Directo of Public Works STATE OF TEXAS § COUNTY OF NUECES § is instrument was acknowledged before me on 777/ , day of (��a.rr , 2018; by Valerie H. Gray, P.E., Executive Director of Public Works, City of Cor.Kus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. \\\PY PUi EUSEBIO GARZA, II :oi :: +P Comm. Expires 02-14-2021 Notary Public, State xas •-6,g,;0•• Notary ID 3105972 ,+ 20/7 APPROVED AS TO LEGAL FORM: ' `' `��'Ct��i , 2018. 134444 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 I gED I 01 , , 0 CDS muerY ENGINEERS • SURVEYORS AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 1.045 ACRE UTILITY EASEMENT EXHIBIT"A" BEING a 1.045 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 a portion of a 49.562 acre tract of land described as"TRACT I" and recorded in document 2017004821,Official Public Records of Nueces County,Texas, same also being described by a drawing (LH-WAREHOUSE EASEMENT.dwg, dated December 11, 2018) attached to and made a part hereof and being more particularly described by metes and bounds as follows: COMENCENCING at a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX." at the intersection of the northwest right-of-way line of F.M. Highway 1694(Callicoatte Road)(a varying width right- of-way)and a northeast line of the aforementioned 49.562 acre tract; THENCE along the northwest right-of-way line of the aforementioned F.M. Highway 1694, S35°48'38"W a distance of 20.00 feet(Record- S35°48'38"W)to the PLACE OF BEGINNING and the most northerly east corner of the herein described 1.045 acre tract; THENCE continuing along the northwest right-of-way line of the aforementioned F.M. Highway 1694, S35°48'38"W a distance of 15.00 feet(Record-535°48'38"W)to a point for the most easterly south corner of the herein described 1.045 acre tract; THENCE leaving the northwest right-of-way line of the aforementioned F.M. Highway 1694, N53°40'05"W a distance of 1,326.49 feet to a point for an interior corner of the herein described 1.045 acre tract; THENCE S36°07'44"W a distance of 328.24 feet to a point for an interior angle corner of the herein described 1.045 acre tract; THENCE S53°52'16"E a distance of 1,328.28 feet to a point in the northwest right-of-way line of the aforementioned F.M.Highway 1694 for the most southerly east corner of the herein described 1.045 acre tract; THENCE along the northwest right-of-way line of the aforementioned F.M. Highway 1694, S35°48'38"W a distance of 15.00 feet(Record-S35°48'38"W)to a point for the most westerly south corner of the herein described 1.045 acre tract, from which a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX." at the intersection of the northwest right-of-way line of the aforementioned F.M. Highway 1694 and a southwest line of said 49.562 acre bears S35°48'38"W a distance of 17.00 feet(Record-S35°48'38"W); THENCE leaving the northwest right-of-way line of the aforementioned F.M. Highway 1694, N53°52'16"W a distance of 1,343.36 feet to a point for the most southerly west corner of the herein described 1.045 acre tract; Page 1 of 3 LH-WAREHOUSE EASEMENT.docx December 11,2018 3411 Magic Drive•San Antonio.Texas 78229•Phone:(210)581-III 1 •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 IIstr- 1027- AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 1.045 ACRE UTILITY EASEMENT THENCE N36°07'44"E a distance of 44.44 feet to a point for an interior corner of the herein described 1.045 acre tract; THENCE N53°52'16"W a distance of 18.72 feet to a point for the most northerly west corner of the herein described 1.045 acre tract; THENCE N36°07'44"E a distance of 12.50 feet to a point for the most westerly north corner of the herein described 1.045 acre tract; THENCE S53°52'16"E a distance of 5.00 feet to a point for an interior corner of the herein described 1.045 acre tract; THENCE N36°07'44"E a distance of 7.50 feet to a point for a north corner of the herein described 1.045 acre tract; THENCE S53°52'16"E a distance of 13.72 feet to a point for an interior corner of the herein described 1.045 acre tract; THENCE N36°07'44"E a distance of 293.85 feet to a point for the most easterly north corner of the herein described 1.045 acre tract; THENCE S53°40'05"E a distance of 1,341.41 feet to the PLACE OF BEGINNING and containing 1.045 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 December 2018. Date //T day of ..,9e . 2018 A.D. OF 7-4" T.K a a T E' *cc- RF.• *:'� * Registered Professional Land Surveyor No.4505 -State of Texas JOHN T.KUBALA o 4505 z,, 4/0 SUR'i Page 2 of 3 LH-WAREHOUSE EASEMENT.docx December 11,2018 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I I I I •Fax: (210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 I XFL� 1�2� , Pg. 3 of 3 o I o LEGAL DESC. LH-WAREHOUSE EASEMENT.docx LON C. HILL , CDS JOB NO. 118259 SUBDIVISION UNIT 1 BEARING BASIS: GRID NORTH VOL. PG. 103 M.R.N.C. COORDINATE SYSTEM: TEXAS STATE PLANE, NAD DETAIL A 1983(HARN), SOUTH ZONE NOT TO SCALE ALL DISTANCES SHOWN ARE SURFACE. (GRID = SURFACE) 1 , 1/2' IRON ROD FOUND THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY O� m o WITH CAP STAMPED ONLY. NO VISIBLE EASEMENTS OR EASEMENTS h-2 N 'CDS/MUERY S.A. TX." OF RECORD ARE DEPICTED HEREON. POB\ (PI LcI ,i 0 N: 17,192 ,343.95 1 E: 1,271,343.95 (RECORD- REMAINING PORTION OF AS35'48:38 W) S35'48'38'W 1 49.562 ACRES o 15.00' "TRACT I" DOC. # 2017004821 POC O.P.R.N.C. 1/2'• IRON ROD FOUND WITH CAP STAMPED "CDS/MUERY S.A. TX." S53'40'05"E 1341.41' ii 1 N53'40'05"W 1326.49' SEE DETAIL A •t y tea (p d' N. o ''i r\ ao GREGORIO FARMS SURVEY N q ccoo rr i ABSTRACT 592 q' Z v. cn 1 /A0 S53'52'16"E 1328.28' SEE DETAIL B �o�° £ W : 1 SEE DETAIL C N53'52'16"W 1343.36' 1/2" IRON ROD FOUND WITH CAP STAMPED I "CDS/MUERY S.A. TX." cid R REMAINING PORTION OF 37.85 ACRES 'Pt _ LS ro VOL. 577, PG. 346 O (RECORD- A a O D.R.N.C. d 3 L3 L4 535'4838W) tp 535'48'38'W ..p 0 J_ / 15.00 o L2 u o Po LINE BEARING DISTANCE o d F 1 ('RECORD- L1 N53'52'16"W 18.72' 535'48381V) E-. DETAIL C L2 N36'07'44"E 12.50' S35'48'38'w x d NOT TO SCALE a v 535'48'38"W 17.00' 0 O o o v 163.87' L3 S53'52'16"E 5.00' x L a L4 N36'07'44"E 7.50' a Z f. Z /if/ L5 S53'52'16"E 13.72' NillNOT DETAIL SCALE ;C ON53'52'16"W 3�''•U`" 1343.3.' /11 a I o ti c LEGEND ,(E OF T •- FOUND MONUMENTATION '\P•'`S T Q- UNMONUMENTED POINT C7.••C, E"V.� POD- PLACE OF BEGINNING *; O,* POC- PLACE OF COMMENCEMENT !V R- PROPERTY LINES KUBALA R.O.W.- RIGHT-OF-WAY JOHN T. 1 .045 ACRE D.R.N.C.- DEED RECORDS OF NUECES COUNTY ,.0 4505 OP.R.N.C.- OM.R.N.C.- FFICALCORDS PUBLI�RECORDS OF NUECES �NUECES COUNTY UNTY 9n S4P:. UTILITY EASEMENT (RECORD)- RECORD CALL TAKEN FROM �^9,i;••ESS\O•_00 AEP TEXAS INC. 0 DOC. 2000,700482,, D.P.400 suR� GREGORIO FARIAS SURVEY fOgi) ABSTRACT 592 SCALE IN FEET NUECES COUNTY, TEXAS 1"=200' DRAWN BY: DATE: Y M. RINCON DECEMBER 11, 2018 AMERICAN® 44111111, m CDS 1 1 fuer 1 DRAWING NAME: ELECTRIC ENGINEERS • SURVEYORSLH—Warehouse Easement.dwg POWER IQ 1----1- tn2-fi • \-\ , -- ' \ - EXHIBIT "B " k /41!, ) N: 17,197,709.44 E: 1,270,025.57 - / , - 0..., -- ; ,/1 •. * 11 A1 4464, ill 417) i.t, '' 4....•N 7 . N,' . 7 N: 17,197,474.14 4-N, E: 1,269,853.80 N\ + 't• • ' N: 17,197,466.06 / E: 1 269 N ;1'. N ' '847'90 N ,I, / +'„ ,N N: 17,197,435.09 N4\ '\'NV;•E: 1,269,825.30 ' • -••.\ N, .,. ..4., . ,. . , , NN• ..„._......N,,,, Nt........ / , , 4, . ... ,,, . ,, • NNN4" / _ - // / N•4., \ • _ - ' ‘N / \,x 4" N: 17,196,917.88 XN7 N / E: 1,271,101.89 >* 1:14 'NN "" Cb . 4b io '1, •1., A0 N,N / 4, cy 4, ,c , / s o 4 c, +"v N: 17,196,649.38 , E: 1,270,901.64 , .A ... r% ,sr-:.•*4.f. .- o...* JOHN T.KUBALA • 'I •4505 <TA,-..:P..E.sskOscit-.•' -r4) Siii<i /2 /eig 0 200400' THIS DETAIL IS INTENDED TO IDENTIFY THE sismsamumm LOCATION OF THE PROPOSED WATERLINES AND lommommomm IS NOT WENDED AS A BOUNDARY SURVEY. SCALE IN FEET 1 --.200' DRAWN BY: DATE: CDSMuerM. RINCON NAME: DECEMBER 11, 2018 =AA1ERICAN®Y DRAWING ELECTRIC ENGINEERS • SURVEYORS WAREHOUSE EASEMENT - EXHIBIT.DWG POWER kor; C\1021- /-. �� uTl v`'04) -bb),(2,(c' \ / ��`L • ��U egzpu � /�� (^ - �� Z_r' `v ` '1�' Z/')u �� {~�Jy/sv/ �^/� ' Doct 201. 9003 1 64 fi Pages 8 01/24/2019 2:36PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $39.00 Any nrovision 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 senuence on the date and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS h.F1LLX.- � K. • kil.;14:-J=A/ ". ��