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HomeMy WebLinkAboutC2019-236 - 5/3/2019 - NA Da 201.901746u 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, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping C2019-236'er, and along the Premises, including but not limited to 5/03/19 3r, storm water detention, filtration, drainage, and gas, and AEP Texas Inc. SANMFfl 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. - 9 6 P. Todd Ireland Date Manager, Real Estate Asset Management American Electric Power Service Corporation STATE OF OHIO § COUNTY OF FRANKLIN § This instrumentwas acknowledged before me on AU , day of , 2019, by ', l o A �_rtJi - &. , a Texas corporation, on behalf of aid corporation. Q.�/U11.1111� A'- 47 No ry Public, State of Tcxaso tOrilmiNion cyptre,5 9 i/SSiON ERP```O'Z`oJ S TATE OF .�` Page 2 of 3 /2 rn ,r,/vI/ GRANTEE ACCEPTED for th- City of Corpus Christi, Nueces County, Texas, by: JxNO4. Vali= H. Gray, '., . Date Exei ive Director of P blic Works STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me ori" , day of A�a 2019, by Valerie H. Gray, P.E., Executive Director of Public Works, City 6f Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. plimartassillirallwasaffigliffelestallWatffislIterillarIV ���, v►�i�� EUSEBIO GARZA, 111 4% :Notary Public, State of Texas • 01 Comm. Expires 02-14-2021 otary Public, State of T s ▪',,,,F,1 00 Notary ID 3106972 APPROVED AS TO LEGAL FORM: hal \/ 2- , 2019. VA *44 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 if), l\ i/JITL/ • CDS r uerr ENGINEERS - SURVEYORS AEP TEXAS INC. CITY OF CORPUS CHRISTI NUECES COUNTY,TEXAS 0.238 OF AN ACRE UTILITY EASEMENT EXHIBIT"A" BEING a 0238 of an acre tract of land lying in the Gregorio Farias Survey,Abstract 592,Nueces County,Texas, being a portion of the 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 49.394 acre tract of land described as"TRACT r and recorded in document number 2017004821,Official Public Records of Nueces County,Texas,same also being described by a drawing(AEP 0238AC-1UTII..ITY EASEMENT.dwg,dated March 29,2019)attached to and made a part hereof and being more particularly described by metes and bounds as follows: COMENCENCING at a 7/8" bolt found in the southeast right-of-way line of Hearn Road(60' wide right-of- way)for the most northerly west corner of the aforementioned 49.394 acre tract; THENCE along the southeast right-of-way line of the aforementioned Hearn Road, a northwest line of the aforementioned 49.394 acre tract and a northwest line of the aforementioned Lon C.Hill Unit 1, S36°35'48"W a distance of 123.79 feet(Record—S37°33'00"W)to a point for the PLACE OFBEGINNNING and the most westerly north corner of the herein described 0.238 of an acre tract; THENCE leaving the southeast right-of-way line of the aforementioned Hearn Road, a northwest line of the aforementioned Lon C. Hill Unit 1 and the northwest line of the aforementioned 49.394 acre tract,S53°36'07"E a distance of 564.19 feet to a point for an interior corner of the herein described 0.238 of an acre tract; TACE N36°23'53"E a distance of 65.66 feet to a point for the most easterly north corner of the herein described 0.238 of an acre tract; THENCE S54°07'25"E a distance of 61.91 feet to a point for the east corner of the herein described 0.238 of an acre tract; THENCE S35°52'35"W a distance of 15.00 feet to a point for the most easterly south corner of the herein described 0.238 of an acre tract; THENCE N54°07'25"W a distance of 47.05 feet to a point for an interior corner of the herein described 0.238 of an acre tract; THENCE S36°23'53"W a distance of 65.80 feet to a point for the most westerly south corner of the herein described 0.238 of an acre tract; Page 1 of 3 AEP 0_238AC-Utility Easement.docx March 29,2019 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I I 1 I • Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 AEP TEXAS INC. CHYY OF CORPUS CHRISTI F UECES COUNTY,TEXAS 033E OF AN ACRE ETILTTY EASEMENT THENCE N5396'07"W a distance of 579.24 feet to a point in the southeast right-of-way line of the aforementioned Hearn Road,a northwest line of the aforementioned Lon C.Hill Unit 1 and a northwest line of the aforementioned 49.394 acre tract for the west corner of the herein described 0.238 of an acre tract,from which a 1I2"iron rod found with plastic cap stamped"CDS/MUERY S.A.TX"for a point of curvature of said Lon C. Hill Unit 1 and said 49394 acre tract bears S36°35'48"W a distance of 58275 feet(Record—S37°33'00"W); THENCE along the southeast right-of-way line of the aforementioned Hearn Road, a northwest line of the aforementioned Lon C.Hill Unit 1 and a northwest line of the aforementioned 49394 acre tract,N36°35'48'E a distance of 15.00 feet(Record—N37°33'00"E)to the PLACE OF BEGINNING and containing 0.238 of an 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 1, 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 March 2019. Date � day of k.hicc 2019 A.D. OF �� Ku ala�p�,G RE. egistered Pro nal Land Surveyor * ( o * No.4505-State of Texas JOHN T.KUBALA 4505 ,., j/VD sug'J'° Page 2 of 3 AEP 0_238AC-Utility Easement.docx March 29,2019 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-I 111 •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 Exhibit B Pg. 3 of 3 UNE WARM DISTANCE u. IL DESC ,EP 0 -u>rmwmx a+ INT a L1 N3623"53'E 65.66' COS J>OD NO 118260 L2 S54"07"25't 61.91' REARING S: NORM L3 S35'52'35"1A15.00' j CCORI N TIE SYSNENI iOGOS STVE PLANE, L4 N54'07'25"WV 47.05' r NSD. SCRIM ZONE L5 536.23'53'W 65.80' 1 ALL DISTANCES 9113411 ARE SIU L6 N36'35'481E 15.00' (CRC = SURFACE) ( -Wr- oaT) MIS MEM 1k7PRESENIPS A BIXONDARY SURVEY ONLY_ NO WSDLE EASEMENTS EIR EA THIS OF fRECCHEI ARE 1DEP5C1ED 191REOI?1. 7.063 ACRES VEL 2182, PG. 716 ©.R_AN.c. LON C. HILL d. SUBDIVISION UNIT 1 x VOL. 34, PG. 103 z iy POC M.R.N.C. D4 ors 7/8" BOLT Q`I FOFIAi3 W 3 % rot •- o n • O" `1 a0 z, L3 ' POB 2 n m R: 17.198.917.01 L1 l4 oc 4+N E: 1L5 ,270.953.1 t .� S53'36.071 564.19'`- m m L6 : =1I=1,11�L1 �=SMM. U� I 1�`IM�S1\ N53'36.071W 579.24' 0 N . h m rti 49.394 ACRES o "TRACT I" d o• DOC. NO. 2017004821 ct O.P.R.N.C. 1/2' IRON ROD FOUND WfTH CAP STAMPED "COS/MUERY S.A. TX." /OF STF,9 LEGEND * co•• \i:\. •— FOUND MONUMENTATION JOHN T.KUBALA 0- UNMONUMENTED POINT POB— PLACE OF BEGINNING '•,,p 4505 POCR— PLACE OF PROPERTY LINESENCEMENT •DOF OSP• 0.238 OF AN ACRE UNTY O.P.R.N.C.— OFFICIAL POUBLCRDS ORECORDS F SOFONU CES COUNTY ��� SURNI. Q UTILITY EASEMENT M.R.N.C.— MAP RECORDS OF NUECES COUNTY ( AEP TEXAS INC. (RECORD)— RECORD CALL TAKEN FROM VOLUME 34, PAGE C 9 103, M.R.N.C. ,0. A 0 100' 200' 1 GREGORIO FARIAS SURVEY ABSTRACT 592 SCALE IN FEET NUECES COUNTY, TEXAS 1"=100' DRAWN BY: DATE: CDS ����� M. RINCON MARCH 29, 2019 I AEP DRAWING NAME: TEXAS ENGINEERS • SU _ rtRVEYORS AEP 0238 AC-UTILITY EASEMENT.DWG ' ., _. .. An AEP Ccrt:anr /9C ivrrrL/ Exhibit B / • N j N: 17,198,910.99 / 4 • E: 1,270.958.64 40, 404,1104 N. \ -, \ \, N L -\ `r \` -4N\ \. \ \'4 \ \\ \ N: 17,198,624.65 \ N. E: 1,271,457.83 \. \ \\' \ N 4 N 7 is / N: 17,198,571.74 N: 17,198,592.72 E: 1,271,418.82' E: 1,271,501.97 \ •: v.,.:-:-.2:. \� /sj . /OF T � 4% S T .NI *e`` °o;fit ‘.- JOHN T.KUBALA .. 4505 '90 aQy '•.FESS�� set... 0 100' 200' THIS DETAIL IS INTENDED TO IDENTIFY THE LOCATION OF THE PROPOSED WATERLINES AND SUR" IS NOT INTENDED AS A BOUNDARY SURVEY. SCALE IN FEET IS NOT INTENDED AS A BOUNDARY SURVEY. Si /Q V=100' J /l DRAWN BY: DATE: M. RINCON MARCH 28, 2019 • AMERICAN* 1 1 CDS muerY DRAWING NAME: ELECTRIC ENGINEERS • SURVEYORS 0.238AC-WATERLINE EASEMENT-EXHIBIT.DWG POWER Offie/ / / ��� ��� n� • —0r . -- '`' , , 8NUH|1^1Uy|JU^A0J,y|1y/Y�`6K/|�|pK�yk./H^{�w/ Oim ^ ofCh�o� Sam��m City Corpus Development Attn: MonicaCervantes 2406Leopard Street Sle-e.,/40 Corpus Chhet, TX 78408 Doct 90 1.1 4 68 t Pages 8 05/07/2019 9:09AM 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 Racer 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 senueoce on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS 1-_7^' -