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HomeMy WebLinkAboutC2021-092 - 1/19/2021 - NA 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. SIDEWALK EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § CN Ocean Drive, LP (Grantor"), by Nicholas Multifamily Development, LLC, whose address is 865 N. Cowan Avenue, Lewisville, Texas 75057, 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 sidewalk easement defined as a 650 square foot (0.015 acre) tract of land situated in the Enriquez Villareal Survey, Abstract No. 1, Nueces County, Texas; said tract being part of Lot 1, Block 1, Alexa Addition, an addition to the City of Corpus Christi, Texas according to plat recorded in Document No. 2019019042 in the Official Public Records of Nueces County, Texas, said tract also being part of that certain tract of land described as First Tract in Special Warranty Deed to CN Ocean Drive, LP recorded in Document No. 2016047136 of said Official Public Records; said 650 square foot tract being more particularly described as follows: (Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas South Zone 4205.) 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 a pedestrian right of way in, on, over, under, and along the Premises, including but not limited to a pedestrian sidewalk, and other equipment, improvements, and appurtenances used in the supply and provision of a pedestrian sidewalk. 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 sidewalk 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. Page 2 of 3 SCANNED GRANTOR The person signing this utility easement conveyance as Grantor, or signing on behalf of the Grantor, represents, war an s, and guarantees that they are the Grantor or have the authority to act on behal • 4e antor for the purpose and consideration stated. %^. X11. I zigfie Charlie Nicholas, General Partner Date STATE OF TEXAS as § COUNTY OF NUEC-ES- § This instrument was acknowledged before me on •3t , day of , 2020, by Charlie Nicholas, General Partner. *.pxtzt. Notary Public, State of Texas .1.w NotaryIDSLISA#126BECK410597 4r� My Commission Expires 0 c.<E February 13, 2024 Page 3 of 3 GRANTEE ACCEP : 1' or the City of Corpus Christi, Nueces County, Texas, by: if, ,ii i f 19 . a223i Alrert 'ay and III, AIA, CBO Date Dire.,or of Development Services STATE OF TEXAS § § COUNTY OF NUECES § j , 1 } Thisl�i__nstrument was acknowledged before me on ! day of S-aowa i , 202 ;bit Albert Raymond III, Director of Development Services, a Texas home- le municipal corporation, on behalf of said corporation. bbl;DUB ULTRA V PENA \ ' 0 i�`� Notary ID#126029965 V l I '4,__ My Commission Expires I Notary Public, State of Texas I e 0,1 December 6, 2023 APPROVED AS TO LEGAL FORM: 1111 w-i v/ 11 , 2020. --17), �/,4 VVU / Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibit "A"— Metes and Bounds Description Exhibit "B"— Field Notes Map AFTER RECORDING RETURN TO: Major Projects Engineer Development Services Department City of Corpus Christi 2406 Leopard Street Corpus Christi, TX 78408 Page 4 of 3 VARIABLE WIDTH PEDESTRIAN RIGHT-OF-WAY EASEMENT Part of Lot 1, Block 1 Alexa Addition Enriquez Villareal Survey, Abstract No. 1 City of Corpus Christi, Nueces County, Texas DESCRIPTION, of a 650 square foot (0.015 acre) tract of land situated in the Enriquez Villareal Survey, Abstract No. 1, Nueces County, Texas; said tract being part of Lot 1, Block 1, Alexa Addition, an addition to the City of Corpus Christi, Texas according to plat recorded in Document No. 2019019042 in the Official Public Records of Nueces County, Texas, said tract also being part of that certain tract of land described as First Tract in Special Warranty Deed to CN Ocean Drive, LP recorded in Document No. 2016047136 of said Official Public Records; said 650 square foot tract being more particularly described as follows: (Bearing system for this survey is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas South Zone 4205.) BEGINNING, at a "+" cut in concrete found (Controlling Monument) in the northeast right-of-way line of Ocean Drive (a variable width right-of-way); said point also being the south corner of Lot 2-R, Block 4, Seaside Subdivision, an addition to the City of Corpus Christi, Texas, according to the plat recorded in Volume 31, Page 57 of the Map Records of Nueces County, Texas and the southwest corner of said Lot 1; THENCE,North 38 degrees, 50 minutes, 51 seconds East,departing the said northeast line of Ocean Drive, and along the southeast line of said Lot 2-R and the northwest line of said Lot 1, a distance of 2.66 feet to a point for corner; THENCE,South 51 degrees, 09 minutes, 08 seconds East departing the said southeast line of Lot 2-R and the said northwest line of Lot 1, into and across said Lot 1, a distance of 278.42 feet to a 1-inch iron pipe with "4828" cap found for corner in the northeast line of that certain tract of land described as Tract II in Warranty Deed to the City of Corpus Christi recorded in Volume 1320, Page 422 of the Deed Records of Nueces County,Texas and in the southwest line of said Lot 1; from said point a 5/8-inch iron rod with"Bass &Welsh"cap found bears North 41 degrees, 16 Minutes East, 1.7 feet; THENCE, North 52 degrees, 50 minutes, 59 seconds West,along the said northeast line of Tract II and the said southwest line of Lot 1, a distance of 100.18 feet to a Mag Nail with"PACHECO KOCH"washer found for corner in the said northeast line of Ocean Drive, said point being the west corner of said Tract II and a southwest corner of said Lot 1, from said point a 5/8-inch iron rod with "Bass & Welsh" cap found bears North 42 degrees, 51 Minutes East, 1.2 feet; THENCE, North 51 degrees, 03 minutes, 16 seconds West, continuing along the said northeast line of Ocean Drive and the said southwest line of Lot 1, a distance of 178.28 feet to the POINT OF BEGINNING; CONTAINING: 650 square feet or 0.015 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. fit• Of r, Kyle Colman Harris Date • e ° .`P Registered Professional Land Surveyor No. 6266 KYLE COLEMAN HARRIS Pacheco Koch, LLC 7557 Rambler Road, Suite 1400, Dallas TX 75231 6266 (972) 235-30310 ...... . • TX Reg. Surveying Firm LS-10193805 U RN 3779-16.042EX2 doc 3779-16.042EX2.dwg DHM PAGE 1 OF 3 Exhibit A r .glftim...( o LEGEND 4e .34• — - - — PROPERTY LINE PROPOSED EASEMENT LINE IRF — ---——-- EXISTTING EASEMENT LINE ——— SETBACK LINE 0 20 40 80 0 POINT FOR CORNER l (UNLESS OTHERWISE NOTED) GRAPHIC SCALE IN FEET BUILDING LINE (C.M.) - CONTROLLING MONUMENT '+' CUT IN CONCRETE XF (VOL. 31, PG. 57) FOUND ...11MNWwF MAG NAIL W/ "PACHECO KOCH" WASHER FOUND IPF 1-INCH IRON PIPE WI '4528 CAP FOUND IRF 5/8-INCH IRON ROD W/ "BASS 6c WELSH" CAP FOUND PART OF LOT 2-R, BLOCK 4 / °' SEASIDE SUBDIVISION 0.0„--- I LOT 1 BLOCK 1 (VOL. 31, PG. 57) ALEXA ADDITION 1 (DOC. NO. 2019019042) LOT 1 A, BLOCK 4 I / ARY CONSTRUCTION OEASEMENT CN OCEAN DRIVE, LP SEASIDE SUBDIVISION (DOC. NO. 2004062550) FIRST TRACT (VOL. 45, PG. 160) I N (DOC . NO. 2016047136) VARIABLE WIDTH 12.5' TEMPORARY CONSTRUCTION - PEDESTRIAN /. RIGHT—OF—WAY " EASEMENT (DOC. NO. 2004062550) I 17.5' DRAINAGE AND •••- I I EASEMENT tat UTILITY EASEMENT 15' UTILITY EASEMENT /10E 650 SF Q (VOL. 736, PG. 318) 1 (DOC. NO. 2019019042) (0.015 ACRES) IL1J� BUILDING LINE 1 20' YARD REQUIREMENT W VOL. 45, PG. 160 (DOC. NO. 2019019042) _ _ _ _ V) v 278.42175.00' 30.00'J8 t r r rr r r rr t r ta r t / , 0 .l 0• — — V N 51'03'16" W 178.28' MNWWF f� RF e 10' UTILITY EASEMENTCV 1 N 42'51 E - 1.12') (VOL. 45. PG. 160) POINT OF BEGINNING o N 52'50'59" W x n XF (C.M.) OCEAN DRIVE 10018 i 175° (VARIABLE WIDTH RIGHT-OF-WAY) ' N ?) LINE TABLE } LINE BEARING LENGTH � NOTES: ✓ L1 N 38'50'51" E 2.66' 1. A metes and bounds description of even N survey date herewith accompanies this plat ri of survey. - The undersigned, Registered Professional Land 2. Bearing system for this survey is based on ,. Surveyor, hereby certifies that this plat of OF the State Plane Coordinate System, North i P survey accurately sets out the metes and '(..•••••.te N bounds of the easement tract described. ,. "•GosTF, 9••.-t American Datum of 1983 (2011), Texas n CO� �: Fo'•.p South Zone 4205. LI . ' . KYLE COLEMAN HARRIS VARIABLE WIDTH '��� 6266 e 9� a PEDESTRIAN y4,Op o Kyle Coleman Harris Date 0� SUR. RIGHT-OF-WAY Registered Professional SUR o Land Surveyor No. 6266cii EASEMENT on -45 7557 RAMBLER ROAD, SUITE 1400 PART OF LOT 1, BLOCK 1, et, A Pacheco Koch DALLAS, TX 75231 972.235.3031 TX REG. ENGINEERING FIRM F-14439 ALEXA ADDITION O1 ,"» TX REG. SURVEYING FIRM LS-10193805 ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1, La CITY OF CORPUS CHRISTI, JDRAWN BY CHECKED BY SCALE DATE JOB NUMBER NUECES COUNTY, TEXAS • DHM KCH 1"=40' SEPT. 2019 3779-16.042 PAGE 2 OF 3 Exhibit B 0 I lj - — — — LEGEND PROPERTY LINE PROPOSED EASEMENT LINE ————— EXISTTING EASEMENT LINE 0 20 40 80 ———— SETBACK LINE POINT FOR CORNER (UNLESS OTHERWISE NOTED) GRAPHIC SCALE IN FEET (C.M.) - CONTROLLING MONUMENT XF "+" CUT IN CONCRETE FOUND MNWWF MAC NAILERFOW/ ND`PACHECO KOCH" U IPF 1-INCH IRON PIPE W/ "4828" CAP FOUND IRF 5/8-INCH IRON ROD WI "BASS & WELSH" CAP FOUND LOT 1 BLOCK 1 I ALEXA ADDITION I (DOC. NO. 2019019042) I LOT 1, BLOCK 2 OCEAN VILLAGE ESTATES CN OCEAN DRIVE, LPco ' FIRST TRACT _� (VOL. 48, PG. 124-125) N (DOC. NO. 2016047136) N W ' REMNANT 4X4 FENCE POST (C.M.) Q IPF I (5/8-INCH IRON ROD FOUND 15' UTILITY EASEMENT a ' (IRF N 37'58' E - 2.7') N 41'16' E - 1.7') (DOC. NO. 2019019042) I BUILDING LINE - W 20' YARD REQUIREMENT _ �^ - —.. ---- in (DOC. NO. 2019019042) (VOL 48, PG. 124) — o ui W S 51'09'08" E 278.42' 5 51'11'01" E 253.67' — — — 304.29' I Z ics) _ N 52'50'59" W 100.18' 353.01' — VARIABLE WIDTH 3.00' (V' UTILITY EASEMENT (VOL. 48, PG. 124) N1(2 ' PEDESTRIAN ROCEAN DRIVE RIGHT—OF—WAY CITY OF CORPUS CHRISTI ' EASEMENT "TRACT II" (VARIABLE WIDTH RIGHT—OF—WAY) 650 SF (VOL. 1320, PG. 422) I (0.015 ACRES) E 0 N 0 td o' N N n n n 6 NOTES: 1. A metes and bounds description of even survey date herewith VARIABLE WIDTH accompanies this plat of survey. 2. Bearing system for this survey is based on the State Plane PEDESTRIAN NCoordinate System, North American Datum of 1983 (2011), Texas RIGHT-OF-WAY 0 South Zone 4205. EASEMENT N 7557 RAMBLER ROAD, SUITE 1400 PART OF LOT 1, BLOCK 1, rn J4Pacheco_Koch DALLAS, TX 75231 972.235.3031 MINIIIIIIIIIIIIMOI TX REG. ENGINEERING FIRM F-14439 ALEXA ADDITION TX REG. SURVEYING FIRM LS-10193805 ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1, w CITY OF CORPUS CHRISTI, ig DRANW BY C/ECKED BY SCALE DATE JOB NUMBER NUECES COUNTY, TEXAS < DHM KCH 1"=40' SEPT. 2019 3779-16.042 PAGE 3 OF 3 Exhibit B 0 - 3779-16.042EX2 North: 17155637.4399' East: 1354034.3249' Segment #1 : Line Course: N38° 50' 51"E Length: 2.66' North: 17155639.5115' East: 1354035.9933' Segment #2 : Line Course: S51° 09' 08"E Length: 278.42' North: 17155464.8716' East: 1354252.8311' Segment #3 : Line Course: N52° 50' 59"W Length: 100.18' North: 17155525.3711' East: 1354172.9822' Segment #4 : Line Course: N51° 03' 16"W Length: 178.28' North: 17155637.4346' East: 1354034.3260' Perimeter: 559.54' Area: 650.42 Sq. Ft. Error Closure: 0.0054 Course: 512° 37' 24"E Error North: -0.00525 East: 0.00118 Precision 1: 103618.52 Page 1 Nueces County Kara Sands Nueces County Clerk *VG-67-2021-2021003016' Instrument Number: 2021003016 Official Public Records EASEMENT Recorded On: January 20, 2021 10:22 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $45.00 %%%%%%%y STATE OF TEXAS �_p\N1Y CONN Nueces County 4. *40 I hereby certify that this Instrument was filed in the File Number sequence on the date/time „ printed hereon, and was duly recorded in the Official Records of Nueces County,Texas ,,1, �SOF NUE,��� + Kara Sands Nueces County Clerk � Nueces County, TX ***********THIS PAGE IS PART OF THE INSTRUMENT*******"*** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2021003016 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210120000052 2406 LEOPARD STREET Recorded Date/Time: January 20, 2021 10:22 AM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK04