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Home My WebLink AboutC2021-298 - 10/19/2021 - 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. UTILITY EASEMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § ERF West Side, Inc., a Texas nonprofit corporation ("Grantor"), whose address is 555 N. Carancahua, Suite 700, 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 Lot 3, Block 2, Barthlome Addition, as shown on the plat recorded in Volume 57, Page 196, Official 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 fences, buildings or other obstructions as may now be found upon said permanent easement. 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, SCANNED 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. ERF West Side, Inc., . 4) 1115/z02- I Paul D. Altheide, Board Member Date STATE OF TEXAS § COUNTY OF NUECES § 5+44 This instrument was acknowledged before me on , day ofSe' 1Al2-+e , 2021, by Paul D. Altheide, Board Member, ERF Westside, Inc., a Texas nonprofit corporation, on behalf of said corporation. tippVpV�i�� BETTIE BILLINGS �;Notary Pubic,State of Texas ;;;V: Comm. Expires 01-14-2024 ; oF �� Notary Public, State of T as n410 Notary ID 130475626 GRANTEE ACCEPTED for the City of Corpus Christi, Nueces County, Texas, by: / i , /1 (10 • 19 ' Z1 Alb- rt R. mond III, AIA, CBO Date Director •f Development Services STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on day of 4x- , t ervicesmea 2021, by Albert Raymond III, Director of Develo p , a Texas home-rule municipal corporation, on behalf of said corporation. O,:014,e„ YVETTE WALLACE / _, `tr..Notary Public,State of Texas 1 „ ,,L,, ., , ' }. ..� Comm.Expires 08.06-2025 " •�' Nota!' ic, State of Texas ,,,,°;,,,.` Notary ID 133255582 APPROVED AS TO LEGAL FORM: 6'- f 4 ),,''' - , 2021. --6,/,--(1 1701-'(4,...{._}, 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 • I• SURVEY OF A 0.023 ACRE UTILITY EASEMENT OUT OF LOT 3,BLOCK 2,"BARTHLOME ADDITION"AS SHOWN ON THE PLAT RECORDED IN VOLUME 57,PAGE 196,MAP RECORDS NUECES COUNTY,TEXAS. EXHIBIT B PAGE 2 OF 2 !!! SCALE 1"=20' REMAINDER OF LOT 3 N90°00'00"E 39.14' (MEAS)) • o o 0.023 ACRES 990 S.F. S S ////// z vi 0 N90°00'00"W0-1 o 00 24.14' (MEAS) REMAINDER w Q W OF LOT 3 0 S o 8 Z B ��8 S89°18'02"E 39.79' (MEAS) PREVIOUSLY SET 518'RE-BAR AT THE P O N89°18'02"W INTERSECTION OF THE NORTH R.O.W.OF BUFFALO ST.&A CUTBACK IN THE EAST 15.00' (MEAS) R.O.W.OF NUECES BAY BLVD.&FOR OUTSIDE CORNER OF LOT 3 BEARS,N89°18'02"W 246.40' BUFFALO STREET 60'RIGHT OF WAY O=EASEMENT CORNER 0=PREVIOUSLY SET 5/8"RE-BAR • Brister Surveying 4455 South Padre Island Drive Suite SI Corpus Christi.Texas 73711 Off 361450.1800 Fax 361450.1802[ /;\ GG R`i O�.T�. THIS SURVEY DOES NOT INCLUDE'IHL' • Bristersurvtyin{4(corpus.twcbc.com P' `•,G,STFR, - RESEARCH.INVESTIGATION.OR LOCATIONS OF Firm Registration No.100728W pt. F•9 ALL SERVITUDES.EASEMENTS.RIGHT OF WAYS. `ei-'�c 4••� OR UTILITIES ON THIS PROPERTY. NOTES I.)TOTAL SURVEYED AREA IS 0.023 ACRES. I.RONALD E.BR ISTER DO HEREBY CERTIFY 2.)MEASURED BEARINGS ARE BASED ON GLOBAL R�KQI-� ERIGTFR THAT THIS SURVEY OF THE PROPERTY LEGALLY POSITIONING SYSTEM NAD 83(93)4705 DATUM. DESCRIBED HEREIN WAS MADE ON THE GROUND 3.)SET SW RE•BAR o STEEL RE•BAR SET WITH `n 5407 Lp.... THIS DAY MARCH 30.2021 AND IS CORRECT TO YELLOW PLASTIC CAP LABELED BRISTER SURVEYING. 1 Op Q12- THE BEST OF MY KNOWLEDGE AND BELIEF. ' 4.)A METES AND BOUNDS DESCRIPTION OF EQUAL .14•. 31, 0 DATE ACCOMPANIES THIS SURVEY. X1/3 SUR (LIZ. /�� ►� � SURVEY DArE AUGUST 16,2021 JOB NO.212261 RON1LD E.BRISTE.R R.P.L.S.NO.5407 STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field notes of a 0.023 acre utility easement out of Lot 3,Block 2,"Barthlome Addition"as shown on the plat recorded in Volume 57,Page 196,Map Records of Nueces County,Texas.Said 0.023 acre utility easement being more particularly described as follows: COMMENCING at a 5/8"re-bar previously set at the intersection of the north right of way of Buffalo Street and a cutback in the east right of way of Nueces Bay Boulevard,and for an outside corner of said Lot 3,THENCE with the common line of the north right of way of Buffalo Street and said Lot 3,South 89°18'02"East,a distance of 246.40 feet to a point for the southwest corner of this utility easement,and for the POINT OF BEGINNING. THENCE North,a distance of 26.80 feet to a point for an inside corner of this utility easement. THENCE West,a distance of 24.14 feet to a point for an outside corner of this utility easement. THENCE North,a distance of 15.00 feet to a point for the northwest corner of this utility easement. THENCE East,a distance of 39.14 feet to a point for the northeast corner of this utility easement. THENCE South,a distance of 41.98 feet to a point in the common line of the north right of way of Buffalo Street and of said Lot 3,and for the southeast corner of this utility easement,from WHENCE a 5/8"re-bar previously set for the southeast corner of said Lot 3 bears,South 89°18'02" East,a distance of 39.79 feet. THENCE with the common line of the north right of way of Buffalo Street,said Lot 3,and this utility easement,North 89°18'02"West,a distance of 15.00 feet to the POINT of BEGINNING, and containing 0.023 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day March 30,2021 and is correct to the best of my knowledge and belief. fxaik— C a Ronald .Brister,RPLS No.540 Date:August 16,2021. 1 RONALD E.MISTER• v A S407 it: Job No.212261 PAGE I OF 2 Nueces County Kara Sands Nueces County Clerk VG-67-2021-2021055476" Instrument Number: 2021055476 Official Public Records EASEMENT Recorded On: October 20, 2021 02:37 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $37.00 STATE OF TEXAS Go�NTY C004,1vii Nueces County -, *1, I hereby certify that this Instrument was filed in the File Number sequence on the date/time �c Q� printed hereon, and was duly recorded in the Official Records of Nueces County,Texas oS Kara Sands 1%y�F NUE��S��' 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: 2021055476 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20211020000119 2406 LEOPARD STREET Recorded Date/Time: October 20, 2021 02:37 PM User: Margarita S CORPUS CHRISTI TX 78408 Station: CLERK01