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HomeMy WebLinkAboutC2021-144 - 5/14/2021 - 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. UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Braselton Development Company, Ltd. ("Grantor"), whose address is 5337 Yorktown Boulevard, Suite 10-D, Corpus Christi, Texas 78413, 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 two utility easements over and across a portions of Section D, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, which description is attached to and incorporated in this document as "Exhibit A" and "Exhibit C," and depicted on the field notes location map attached to and incorporated in this document as "Exhibit B" and "Exhibit D," the exhibits collectively being referred to and known as the "Premises." 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 utility lines in, on, over, under, and along the Premises, including but not limited to water, wastewater, storm water, storm water detention, filtration, drainage, and gas, and 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. Utility Easement SCAN N E D 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. BRASELTON DEVELOPMENT COMPANY, LTD, a Texas limited partnership BY: BRASEL ON MANAG MENT COMPANY, LLC, its general partner i lam`/ - i i,-----) ,77 -7/z l FrOd Braselton, President Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , day of M Gt,l J , 2021 , by Fred Braselton, President of Braselton Management Company, LLC, general partner of Braselton Development Company, Ltd., a Texas limited partnership, on behalf of said partnership. ''�"1��' JENNI BROWN LI)(,( Y�/ 01:,µV PG/''4 B _?i,, :Notary Public,State of Texas Notary Public, to of Texas %; +e`= Comm. Expires 02-23-2026 °,`,���` Notary ID 132939640 CONSENT AND SUBORDINATION BY LIENHOLDER American Bank ("Lienholder") is the current holder of the beneficial interest of the servient estate. Lienholder hereby consents to the above grant of an easement to the City of Corpus Christi, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) shall not extinguish the rights and interests of the easement. Page 2 of 4 LIEN HOLDER: American Bank Phil J. Ritley, Senior Lending Officer STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on day of (A Cllr 2021, by Phil J. Ritley, Senior Lending Officer, American Bank. .,\JAkil'1/4.JENNI BROWN Notary Public, a e of Texas Notary Public, State of Texas •Q� Comm. Expires 02-23-2025 ole6r-ct;� Notary y ID 132939640 Page 3 of 4 GRANTEE ACCE'T: for the City of Corpus Christi, Nueces County, Texas, by: `I 2l 7be Ra • and III, AIA, CBO Date Dir-ctor if Development Services STATE OF TEXAS § COUNTY OF NUECES § I Li4A This instrument was acknowledged before me on day of 1k 2021 , by Albert Raymond III, Director of Development Services, a Texas Fiume-rule municipal corporation, on behalf of said corporation. ►�' � ULTRA V PEVA G) i fei ^ Notary ID#126029965 \\�\ �,� My Co Decembemmission 23 6 Expires es Notary Public, State of Texas I APPROVED AS TO LEGAL FORM: , 2021 . ‘,uz Buck Brice Assistant City Attorney for the City Attorney ATTACHED AND INCORPORATED BY REFERENCE: Exhibits "A" and "C" — Metes and Bounds Description Exhibit "B" and "D"— 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 4 URBAN ENGINEERING Job No.42900.00.01 April 15,2021 Exhibit A 0.0425 Acre Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.0425 Acre, Utility Easement, situated in Section D, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas; said 0.0425 Acre, Utility Easement, being over and across a portion of a 21.76 Acre Tract,as described in a Warranty Deed with Vendor's Lien from Joseph John Meaney,as Trustee of the Claire Elizabeth Haynes Trust, the Isabelle Marie Haynes Trust, and the Emily P. Haynes Trust, by and through his Attorney-in-Fact,David Walsh and Elizabeth Anne Meaney,Trustee of the Lucy A.Haynes Trust,to Braselton Development Company, Ltd., a Texas limited partnership, recorded in Document No. 2019002524, Official Public Records of Nueces County,Texas; the said 0.0425 Acre Easement,being more fully described as follows: Beginning,at a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found,being the Southeast corner of Lot 13,Block 20,London Towne Subdivision Unit 1, a map of which is recorded in Volume 69,Pages 493-494,of the said Map Records,on the North boundary line of the Proposed London Towne Subdivision Unit 5,for the Northwest corner of this Easement,from Whence,a 5/8 Inch Iron with a red plastic cap stamped"URBAN ENGR CCTX"Found,on the South boundary line of Lot 4,of the said Block 20,for a common corner of the said Proposed Units 2 and 5,bears South 89°12'59" West,500.00 Feet; Thence,North 89'12°59"East, over and across a portion of the said 21.76 Acre Tract,with the common boundary line of the said Units 2&5,370.00 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found, being a common corner of the said Proposed Units 2 and 5,for the Northeast corner of this Easement; Thence, South 00°47'01"East, with the East boundary line of the said Proposed Unit 5,5.00 Feet,to the Southeast corner of this Easement, from Whence,a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found, on the South boundary line of a 8.68 Acre Tract out of the said Section"D", as described in a Warranty Deed from Joseph John Meaney,as Trustee of the Claire Elizabeth Haynes Trust,the Isabelle Marie Haynes Trust,and the Emily P.Haynes Trust, by and through his Attorney-in-Fact, David Walsh; and Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust to Braselton Development Company, Ltd. recorded in Document No. 2019028160, of the said Official Public Records, for a common corner of the said Proposed Units 2 and 5,bears South 00°47'01"East,265.00 Feet; Thence, South 89°12'59" West, 370.00 Feet, to the Southeast corner of a 5' Wide Utility Easement, recorded in Document No.2020037982,said Official Public Records,for the Southwest corner of this Easement; Thence,North 00°47'01"West,5.00 Feet,to the Point of Beginning containing 0.0425 Acres(1,850 Sq.Ft.)of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy.Also reference ••.w! . ., 'sketch of tract described herein. r OF 74,..„ URBAN ENGINEERING c0•G\ST£RF�q� \ /A1 tivKOpv. / < JAMES DAVID CARR > ' v• James D.Carr,R.P.L.S. �9A�'� SS •� P• Obi License No.6458 S:\Surveying\42900\C001 E-Unit 21Offsite Easemen ; '4?-i2'8160��.,` i 401_0.0425.Docx OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 •TBPLS Firm# 10032400 V IV I — • ger/y � 1 co w A% °ne `D, -0 I • A) _ co cm _ r (n-0 N_,Z C0 / rn 3 0° , co J (D D rn 5r N I oo c - 00 qq oo n 0 P. CU ' Co Z Z O p Z Z o 1 -1__,I " - 0 r0-N.)O r Z . 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II � SCD 0C xN • C o >•0 m N 0 0 of o � N00 N 03 fD 0 ' ` p CD CD C7 0 m �o"D (D6 p N op° CD n O 0 NN 0 z• 3 0 OZ C My Op .0c y 0� C.R. 49 m.X QvQQ 1 • D =tow 7 C.R. 47 —11 w S.H. 286 CR 33 0 om CD PC ,, I ,, > 1\\\\,,,2 Z1 (J") /-- Io o 0 I16..;' ii I Z 71 P) I at, o iglirl pi K P:iZ 13i m 1.Z 0 2_ N)2_0 (/) (mooU) C- U) o O j 0o > ! N ( DmcoD —I c * m nm 0 zz71zm co O > crap .. Z-0 c N > > D O to co � No N I 07.0 0 23 0 URBAN ENGINEERING Job No.42900.00.01 April 15,2021 Exhibit C 0.0987 Acre Utility Easement STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.0987 Acre, Utility Easement, situated in Section D, Laureles Farm Tracts, a map of which is recorded in Volume 3,Page 15, Map Records of Nueces County,Texas; said 0.0987 Acre,Utility Easement,being over and across a portion of an 8.68 Acre Tract, as described in a Warranty Deed with Vendor's Lien from Joseph John Meaney, as Trustee of the Claire Elizabeth Haynes Trust,the Isabelle Marie Haynes Trust,and the Emily P. Haynes Trust,by and through his Attorney-in-Fact,David Walsh and Elizabeth Anne Meaney,Trustee of the Lucy A. Haynes Trust, to Braselton Development Company, Ltd., a Texas limited partnership, recorded in Document No. 2019028160, Official Public Records of Nueces County, Texas; the said 0.0987 Acre Easement, being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found,on the South boundary line of Lot 4, Block 20, London Towne Subdivision Unit 1, a map of which is recorded in Volume 69, Pages 493-494, of the said Map Records, for a common corner of the said Proposed Plat of London Towne Subdivision Units 2 and 5; Thence,South 00°47'01"East,over and across a portion of a 21.76 Acre Tract,out of Section D, Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas; said 21.76 Acre Tract,as described in a Warranty Deed with Vendor's Lien from Joseph John Meaney,as Trustee of the Claire Elizabeth Haynes Trust, the Isabelle Marie Haynes Trust, and the Emily P. Haynes Trust, by and through his Attorney-in-Fact, David Walsh and Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust, to Braselton Development Company,Ltd.,a Texas limited partnership,recorded in Document No. 2019002524,Official Public Records of Nueces County,Texas,with the common boundary line of the said Proposed Units 2 and 5, 110.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found, on the common boundary line of the said 21.76 Acre Tract and the said 8.68 Acre Tract, for a common corner of the said Proposed Units 2 and 5; Thence,North 89°12'59"East,with the common boundary line of the said 21.76 Acre Tract,the said 8.68 Acre Tract,and the said Proposed Units 2 and 5, 10.46 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX"Found, for a common corner of the said Proposed Units 2 and 5; Thence, South 00°47'01"East, over and across a portion of the said 8.68 Acre Tract, continuing with the common boundary line of the said Proposed Units 2 and 5, 155.00 Feet,to the Point of Beginning,and Northwest corner of this Easement; Thence,North 89°12'59"East,over and across a portion of the said 8.68 Acre Tract,and the said Proposed Unit 5,859.54 Feet,to the East boundary line of the said Proposed Unit 5,for the Northeast corner of this Easement, from Whence,a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found,for a common corner of the said Proposed Units 2 and 5,bears North 00°47'01"West,265.00 Feet; Thence, South 00°47'01"East,with the East boundary line of the said Proposed Unit 5,5.00 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found,on the common boundary line of a S:\Surveying\42900\C001E-Unit 21Offsite Easements\EXA42900c001_20210401_0.0987.Docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.corn TBPE Finn# 145 •TBPLS Finn# 10032400 • 12.88 Acre Tract out of the said Section"D", as referenced in a Warranty Deed with Vendors Lien from Joseph John Meaney, as Trustee of the Claire Elizabeth Haynes Trust, the Isabelle Marie Haynes Trust, and the Emily P. Haynes Trust,by and through his Attorney-in-Fact,David Walsh;and Elizabeth Anne Meaney,Trustee of the Lucy A. Haynes Trust, to Braselton Development Company Ltd., a Texas Limited Partnership, recorded in Document No. 2019004229, of the said Official Public Records,the said 8.68 Acre Tract, being a common corner of the said Proposed Units 2 and 5,for the Southeast corner of this Easement; Thence,South 89°12'59"West,with the common boundary line of the said 8.68 Acre Tract,the said 12.88 Acre Tract,and the said Proposed Units 2 and 5,859.54 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, being a common corner of the said Proposed Units 2 and 5, for the Southwest corner of this Easement; Thence, North 00°47'01"West, with the said common boundary line of the said Proposed Units 2 and 5, 5.00 Feet,to the Point of Beginning and containing 0.0987 Acres(4,298 Sq.Ft.)of Land,more or less; Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of tract described herein. A OF F URBAN ENGINEERING '0'•'•\srf ly k JAMES DAVID CARR > rU� ,� � OWE • °••po6458�P�•.� � Y N "74;•°ESS\0 . O � James D.Carr,R.P.L.S. SUR�� License No.6458 S:\Surveying\42900\C001 E-Unit 21Offsite Easements\EXA42900c001_20210401_0.0987.Docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Finn# 145 •TBPLS Finn# 10032400 1 �� 1 fret/ W �0ne a, c,. 1 xi O A COto o 0mW Q w (,- a) 3 / 00Q n ' z zz N0 I C O U C -; ZZ ,,' Wo G., i ) iv o U zA zrn z S00 47'O1'E x 3 S00'47'01"E 110.00' A n Z-1E�-1-I -I-1M- 1CjX 22 XQ 155.00', 0 Xa `7 S =oA•o .r St .b w r N < O I y �K1OO � A � O -.. �' bI O O 2 co �,a a 3 1n 000. 00R- F wo0 , ,c — coo X �. �. 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' � NO N) O up C7 N cue o 0 n3 O u r Nueces County Kara Sands Nueces County Clerk *VG-67-2021-2021024527* Instrument Number: 2021024527 Official Public Records EASEMENT Recorded On: May 14, 2021 03:56 PM Number of Pages: 12 " Examined and Charged as Follows: " Total Recording: $61.00 ,,,,,,,,, STATE OF TEXAS /I' Y CO4 111Nueces County * , *go� I hereby certify that this Instrument was filed in the File Number sequence on the date/time 4� „,; printed hereon, and was duly recorded in the Official Records of Nueces County,Texas Q! S 1114 10 Kara Sands NUE��S~ "`fes Nueces County Clerk *9-A43— . .,00,,,z1L9 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: 2021024527 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20210514000205 2406 LEOPARD STREET Recorded Date/Time: May 14, 2021 03:56 PM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK03