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HomeMy WebLinkAbout11249 ORD - 01/10/1973. • \ 4 JRR: ml: l- 5= 73;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS WITH THE TEXAS- MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA FOR THE INSTALLATION AT THE FOLLOW- ING LOCATIONS UNDER AND ACROSS THE RAILROAD TRACK BETWEEN THE U. S. NAVAL AIR STATION AND PADRE ISLAND DRIVE IN CORPUS CHRISTI, TEXAS 1) 60' R.O.W. STREET CROSSING AT STATION 859 + 79.61 2) 60" DIAMETER REINFORCED CONCRETE STORM SEWER LINE AT STATIONS 848 + 77.61 3) 60' R.O.W. STREET CROSSING•AT STATION 850 + 76.61 4) 8" DIAMETER SANITARY SEWER FORCE MAINS AT STATION 851 + 11.3 5) 8" DIAMETER WATER LINE CROSSING AT STATION 859 + 99.61 SAID CONSTRUCTION BEING A PART OF THE DEVELOPMENT OF OSO ESTATES MOBILE HOME SUBDIVISION; AND DECLARING AN EMERGENCY. 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed to execute, for and on behalf of the City of Corpus Christi, Consent Agreements between the City of Corpus Christi and the Texas - Mexican Railway Company,.and. between the City and the United States of America, for the installation at the follow- ing locations under and across the railroad track between the U. S. Naval Air Station and Padre Island Drive: 1) 60' R.O.W. street crossing at Station 859 + 79.61 2) 60" diameter reinforced concrete storm sewer line at Stations 848 + 77.61 3) 60' R.O.W. street crossing at Station 850 + 76.61 4) 8" diameter sanitary sewer force mains at Station 851 + 11.3 5) 8" diameter water line crossing at Station 859 + 99.61 said construction being a part of the development of Oso Estates Mobile Home Subdivision. 111249 SECTION 2. The necessity to execute the above referenced Consent Agreements so that work may proceed on this project without delay creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordin- ance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /D-W_day of January, 1973. ATTEST: F � 4a City Se .ce ry MAY P. Pro• em THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 0 DAY 017 JANUARY, 1973: City Attornneex4 k , 4 *4° ' CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREEMENT, made and entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 60 FOOT R.O.W. =TfT CROSSEM hereinafter referred to as the "Facility" in, through, under, over and across a portion of Land described as follows: A strip of land 40 feet in length and 60 feet in width, the centerline of which intersects Station Number 859 + 79.61 of the existing railroad as shown on Exaibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming to have an interest herein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furthgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". ' h d �• 5. The "User" shall retain title to the "Facility' covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility' shall be borne by the "User ". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Gvoernment ". In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility' or property or in restoring the land, shall be reimbursed by the "User ". • 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User ", and shall be subject to such reasonable rules and regulations, as regards supervision or otherwise, as may from time to time be prescribes by the "Government" or by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility' occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not • be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. B. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 such repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to oompensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9, This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances crate an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns. 10, No member of or delegate to the 'Congress, or Resident • Commissioner shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement be for the general benefit of such corporation or company, 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or under- standing fcr a commission, percentage, brokerage, or contingent fee, excepting bin& fide established commercial agencies, maintained by t.•e "User" for the purpose of securing business. For breach or violation of this warranty, the "Government "shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN 'WITNESS WHEREOF, the Navy Department on behalf of the United Mates of America has caused this consent agreement to be executed this day of , 19_ UNITED STATES OF AMERICA By 3. THIS CONSENT AORFE"F NT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of _ 19_ CITY OF CORPUS CHRISTI By ATTRST: City Secretary APPROVM AS TO LEGAL FORM THIS DAY OF , 19 City Attorney CERTIFICATE OF A'ITHORITY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" I, , certify that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under the Nome Rule Statutes of the State of Texas, and that I. who signed the above and foregoing consent agreement on behalf of the City of Corpus Christi was then the City Manager, of said Municipal Corporation] that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate powers. Certified this day of 19_ By Sworn to and subscribed to before me this day of , 19_ Notary Public in and for Nueces County, Texas 4 • 1 0 Ikk `'°Rpus CHRisrf BAy M U.S NAVAL AIR STATION � O C) p N / woLLT DRIVE {� W ' ` 4 m ,a m a•e•TDD• BLVD. I 4 J OtF CABANIS6 � r \ 3 FIELD , OLI, \\11 WALDRON 1 G`1CO�a - ��• _ 'L� -1I v so V"S I N.A. vq J� � i lt00D CREEK �� _� 4N•DTIVEI � � _ r 11 � �eO / .so V1 .••re ....... d,..•.... t��°o °° � ® N // `p� � sn^ nixa a yvu un oor•.c[o Ta• .wa co..•nv �� I1(Il( M° coeaua cxnsr, rws U. S LAVAL AIR STATIC-4 CORPUS C-rISTI, 'E %AS PLAN SHOWING LO CATION OF NOTE: K.A.S. RAILROAD FACILITIES THIS DRAWING WAS TRACED EXH161T 'A' FROM A REDUCED COPY OF SCALE IN MILES •nvnoveo o•+E Y 8 D DRAWING NO. IS9900 Q y s• 1 .•e wr •9 9nOwx DOE awEEt _��I I EXHIBIT "e • r CONSENT AGREE= of the TEXAS MEXICAN RAILUY COMPANY THIS AGREMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: VHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189y00 attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947s the United States of America entercd into an Agreement NOy(R)- 41896 wit,) the "Railroad" concerning the use of such trr.cks and facilities; and WHEFYAS, The City of Corpus Christi, Texas, desires to build a 60 FOOT R.C.W. STREET CROSSING across the Government's existing track, the centerline of which is to be located at the "Railroad's" Engineering Station 859 + 79.61 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas,do hereby enter into the following agreements 1. The railroad does hereby grant its permission for the said City to build and maintain, operate and repair the above listed road crossing. Said road crossing shall be maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said road crossing is built and also before any changes or repairs are made at any time, that '1L the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The nUser" agrees to maintain the said road crossing so as to keep it free from defects and interference with drainage at the said location. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroads from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said road crossing, including the negligent construction, repair or failure, in any manner of said road, if the nUser" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly subject, to rights and obligation: possessed by the "Railroad" under its agreement with th,j "Government". 5. The said nUsern has paid to the nRai.lroad" the sum of One Dollar (81.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas,in regular session, of said road crossing, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from over the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its dis- cretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Teams. 7. A11 obligations imposed by this contract shall be performable in the County of Nueces, Texas,and binding upon the parties hereto, their successors and assigns. 2 r TEE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SERI. OF OFFICE, This day of , 196.. Notary Public, Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SERI, OF OFFICE, This the day of , 196. . Notary Public, Nueces County, Texas 4 EXHIBIT W CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESS:TH: WHEREAS, The United States of America is the owner of an easement and cailros3 facilities shown on Bureau of Yards and Docks Drawing Number ltsy;J•? attac.led hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an Agreement NOy(R) -41896 with the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 60 INCH R.C.P. STORM SEWER LINE under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 848 + 77.61 as is shown more particularly on Exhibit. "All; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. � 'c r 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees, to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would hrve been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under this consent agreement to said "User" are liLited and strictly subject, to rights and obligations possessed by the "Railroac;" under its agreement with the "Government ". S. The said "User" has paid to the "Railroad" the sum-of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within-a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 • • J THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary.Public in and for Webb County, Texas, on this.day personally appeared of the Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Day of , 19 Notary Public Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of 19 Notary Public, Nueces County, Texas 4 I � aP `ry CFIIELD �PVS CHR/ST1 5ai:l8 II I NAAS RODD FIELD CRS ._ 41 NOTE: THIS DRAWING WAS TRACED FROM A REDUCED COPY OF SCALE IN MILES Y 8 D DRAWINO NO. ISS900 U.S NAVAL AIR STATION - w......n..:.w. .uwu >..a�. ws• n bA,4L Al. .O.. +CCA Taatl »a cAY,. »C coa.ua caa�a*i, rem r CORPUS C&MSTI. TEXAS PLAN SNOWING LOCATION OF R �v O E XHI9IT 'A' 7 M .vvaarco • c •a a »ora C. EXHIBIT "A" 1 o CD CA CD CA c+ W I h e � 0 j OLF WALCRON FIELD a..TC Oa.wlaa N0' w......n..:.w. .uwu >..a�. ws• n bA,4L Al. .O.. +CCA Taatl »a cAY,. »C coa.ua caa�a*i, rem US RAVAL AIR STATION CORPUS C&MSTI. TEXAS PLAN SNOWING LOCATION OF R N.A.S. RAILROAD FACILITIES E XHI9IT 'A' .vvaarco • c •a a »ora EXHIBIT "A" CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREEMENT, made and entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 60 INCE R C P STORM sE;&R Liu hereinafter referred to as the "Facility" ii., through, under, over and across a portion o.: land described as follows: 4 strip of land hQ feet in leigth and 10 feet in width, the centerline of which intersects Station Number 80 + 77.61 of the existing railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming to have an interest herein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furthgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". r 5. The "User" shall retain title to the "Facility" covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal'of said "Facility" shall be borne by the "User". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Gvvernment ". In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User". 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User ", and shall be subject to such reasonable rules and regu]atiois, as regards supervision or otherwise, as may from time to time be prescr'_bed by the "Government" or by tie Commanding Officer, U. S. Naval Air Station., Corpus Christi, Texas, who ii: hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Government" from and against any loss, expense, suit', claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not • be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 such repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such lose sustained by reason of damages to or destruction of the "Government's" property. 9, This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances cr9ate an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns. 10, No member of or delegate to the 'Congress, or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement be for the general benefit of such corporation or company. 11. The "User" warrants that no person or agency has been employed or retairad to solicit or secure this agreement, upon an agreement or under- , standing for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commeroii;l agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Government "shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN WITNESS WHEREOF, the Navy Department on behalf of the United, States of America has caused this consent agreement to be executed this day of , 19_ UNITED STATES OF AMERICA 3 By • THIS CONSENT AGRF:E',VTT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of — _ , 19__- CITY OF CORPUS CHRISTI By ATTEST: City Secretary APPROWM AS TO LEGAL FORM THIS DAY OF , 19_ City Attorney CERTIFICATE OF I,UTHORITY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" I, , certify, that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under. the Home Rule Statutes of the State of Texas, and that I, who signed the above and foregoing consent agreement on behalf of the City of Corpus Christi was then the City Manager, of said Municipal Corporation] that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate powers. Certified this day of , 19_ 5.3 Sworn to and subscribed to before me this day of , 19_ Notary Public in and for Nueces County, Texas h 4,0RPUS CHRISTI BAY & �� •� A�fs poi age" U.S NAVAL AIR »aB STATION i- ' "z0 D ur IeBTO, • •, - Ir +fnm�.� vp C, X a m Of Wb •� aAn.TOa. i afvB. �.r� � / ,9 OLF CASANIS �\ FIELDS OLF - _ ,� yn �• �B 1 � WALDRON APPS y " " "��Qf, ��1' Y G FIELD I �ODsH / IIIJ 1 \ I �0 "WEEK tuuBnvE1 %' a e � '� � �� °� � � � (�� oai +�ho a ya°u .�nyaor•.cfo ra.i fXC coy +.fno '! U. S NAVAL AIR STATION e`'aY CORPUS CIJRISTI, TEXAS PLAN SHOWING LOCATION OF NOTE: 90P N.A.S. RAILROAD FACILITIES THIS DRAWING WAS TRACED EXHIBIT 'A' ,- FROM A REDUCED COPY OF SCALE IN MILES APPFJYfO BATE OL Y8 D DRAWING N0. 189900 P I E s•nwc oPT o s s..... BATE aaEET �!� EXHIBIT ^A" � f CONSENT AGREEMENT of the TESAS MESICAN RAILWAY COMPANY r THIS AGREEaNT made and entered into, by and between the Texas-- Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETHs WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number 189900 attached hereto, marked Exhibit "A" and made a part hereof, and WHEREAS, On the 25th day of June 1947s the United States of America entered into an Agreement NOy(R)- 111896 with the "Railroad" concerning the use of such +ra:ks and facilities; and WHEif;'AS, The City of Corpus Christi, Texas, desires to build a 60 FOOT R.O.W. STREET CROSSING across the Government's existing track, the centerline of which is to be located at the "Railroad's" Engineering Station 850 + 76.61 as is shown more particularly on Exhibit "A "; and WREME&S. Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of said track insofar as said Railway Company!s operations are concerned; NOW, TMMEE, SNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas,do hereby enter into the following agreements 1. The railroad does hereby grant its permission for the said City to build and maintain, operate and repair the above listed road crossing. Said road crossing shall be maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said road crossing is built and also before any changes or repairs are made at any time, that the "User" will notify the General Managers Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said road crossing so as to keep it free from defects and interference with drainage at the said location. 9. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said road crossing, including the negligent construction, repair or failure, in any manner of said road, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 11. It is understood and agreed also that the agreements under this consent agreement to said "User" ara limited and strictly subject, to rights and obligations possessed by the " Railroad" under its agreement with the "Government". 5. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of 4 the City of Corpus Christi, Texas,in regular session, of said road crossing, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from over the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its dis- cretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be performable in the County of Nueces, Texas,and binding upon the parties hereto, their successors and assigns. 2 TAE STATE OF TEXAS COUNTY OF MOB BEFORE ME, The undersigned authority, a Notary Public in and f or Webb County, Texas, on this day personally appeared of The Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. 196- GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , No- ry Public, Webb County, Taxes THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , 196. . Notary Public, Nueces County, Texas 4 EXHIBIT "A° CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREEMENT, made and entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" • occupancy and use for the purpose of constructing, maintaining, operating and repairing a 60 FOOT R.O.W. STREE7 CROSSING hereinafter referred to as the "Facility" in, through, under, over and across a portion of land described as follows: A strip of land 40 it.-el' in :ength and 60 feet in width, the centerline of which intersects Station Number 850 + 76.61 of the exSsting railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming.to have an interest herein. 3. This statement of no objection,is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furthgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". 5. The "User" shall retain title to the "Facility" covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User ". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the %vvernment ". In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User ". 6. All activities as pertain to the aforesaid use shall be at the sole cost of the "User ", and shall be subject to such reasonable rules and regulations; as regards supervision or otherwise, as may from time tc time be prescribed by the "Government" or by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. 8. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 such repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9, This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances create an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns. 104 'No member of or delegate to the 'Congress, or Resident Commissioner shall be admitted to any share cr part of this agreement, or to any benefit arising therefrom, Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement be for the general benefit of such corporation or company, 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or under- standing for a commission,.percentage, brokerage, or contingent fee, excepting tone fide established commercial agencies, maintainnrr by the "User" for the purpose of securing business. For breach or violation of thie warranty, the "Government "shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokergge, or contingent fee. IN WITNESS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day of , 19! UNITED STATE'S OF AMERICA L 3 By THIS CONSENT AGRFE'JF NT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of , 19_ CITY OF CORPUS CHRISTI By ATTEST: City Secretary APPROOM AS TO LEGAL FORM THIS DAY OF , 19_ City Attorneir CERTIFICATE OF AUTHORITY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" certify that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under the Home Rule Statutes of the State of Texas, and that I, who signed the above and foregoing consent agreement on behalf of the City, of Corpus Christi was then the City Manager, of said Municipal Corporation] that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate powers. Certified this day of , l9_. By Sworn to and subscribed to before me this day of , 19_. Notary Public in and for Nueces County, Texas 4 • • RpUS CHRI STS g� U.S NAVAL AIR U LyE STATION 0 �.n o •, o + H pqi y � � ,✓ " C+ 0 µ , 0 sa..DD. OLF \ Qa CABANISS yy ��f( OLF \` \ 3 � W /r 1 ALDRON � 1 FIELD; Guro � T- I r i 1 NAAS ROOD FIELD t \ 4im"TI,[I OSO CREEX � 6p' DRawwc v Llvu AI'R' i[+D 3 C. TN+c." CDr.afi] w AV c AIR Teas U. S. LAVAL AIR STATION CORPUS [41RISTI, 'BIAS PLAN SHOWING LOCATION OF NOTE: N.A.S. RAILROAD FACILITIES THIS DRAWING WAS TRACED EXHIBIT 'A' FROM A REOUCEU COPY OF SCALE IN MILES aFYND�ED WE Y 8 0 DRAWING NO. 189900 Y I [ s+rls +c + L .s fnD• EXHIBIT "e CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation hereinafter called the "User ". WITNESSETH: WHEREAS, The United'States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number ltsy;�: attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an Agreement NOy(R) -41896 with the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 8 INCH A.C.P. EPDXY I= FORCEMAIN under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 851 + 11.3 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees.to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. It is understood and agreed also that the agreements under :his consent agreement to said "User" arc limited and strictly subject, to rights and obligations possessed by the "Railroad" under its agreement with the "Government ". S. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks, it is understood and agreed that said Railroad shall have the full right in its • discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 • THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of the Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Day of 19 Notary Public Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose.name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of 19 Notary Public, Nueces County, Texas 4 EXHIBIT "/L a .✓ r CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREEMENT, made and entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 8 INCH A.G.P. EPDXf LINED FORCEMAIN hereinafter referred to as the "Facility" in, through, under, over and across a portion cf land described as follows: A stri'n of land 40 feet in length and 10 feet in width, the centerline of which intersects Station Number 851 +11.3 of the existing railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction'of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming.to have an interest herein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furtbgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting any part of the rights and interests owned by the "Government ". s 5. The "User" shall retain title to the "Facility' covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User ". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Gvoernment ". In the event the "User" fails or refuses to remove the "Facility' and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility' or property or in restoring the land, shall be reimbursed by the "User ". 6. All activities as pertain to the aforesaid use shall be at the sole cost o.'_ the "User ", and shall be subject to such reasonable rules and regulatiors, as regards supervision or otherwise, as may from time to time be prescribed by the "Government" or by tie Commanding Officer, U. S. Naval Air Station; Corpus Christi, Texas, who is hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- nify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. B. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 _ such repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9, This agreement concerns use of a specified area for a specific purpose as herein set out and the "User" shall not under any circumstances crate an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns, 10. No member of or delegate to the Congress, or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit arising therefrom, Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement • be for the general benefit of such corporation or company, 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or under- standing for a commission, percentage, brokerage, or contingent fee, e °cc.pting bona fide established commerci,il agencies, maintained by the "User" for the pu;•pose of securing business. For breach or violation of this warranty, the "Government "shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN 'WITNESS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to be executed this day of , 19_ UNITED STATE'S OF AMERICA By 3 • e � THIS CONSENT AORFF''F.NT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of _- _ , 19_ CITY OF CORPUS CHRISTI By ATTFSTs City Secretary APPROVD AS TO LEGAL FORM THIS DAY OF , 19 City Attoiney CERTIFICATE OF A']THORITY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" I, , certify that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under the Home Rule Statutes of the State of Texas, and that I, who signed the above and foregoing consent agreement on behalf of the City of Corpus Christi was then the City Manager, of said Municipal Corporation] that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate powers. Certified this day of , 19_. By Sworn to and subscribed to before me this day of 19_. Notary Public in and for Nueces County, Texas L� NPDS GJppC p a� 0Ra°US CHRI SI l U.S NAVAL AIR �J STATION r -, Co r O Tn C] eG roro I ; i , .r.tl W 0 K Y / •V J OLF CADWSS \� 9 :s FIELD V OLF WALDR \ \11 \1 ON FIELD �., HAAS ODD .i�. e: .,l Y I1 ! FIELD I OS CREEK Aa cu..Trc p .a.0 uw aor..c[o �°ur�.o wnuro Co.," U.! LAVAL AIR STATION CORPUS Cd41ST1, TLXAS PLAN SNOWING LOCATION OF NOTE:, N.A.S. RAILROAD FACILITIES THIS DRAWING WAS TRACED EXH191T 'A' FROM A REDUCED COPY OF SCALE IN MILER arraorco o•rc Y & D DRAWING NO. 169900 a 1 X s...... on• as s.o.r EXHIBIT 6 CONSENT AGREEMENT of the TEXAS MEXICAN RAILWAY COMPANY THIS AGREEMENT made and entered into, by and between the Texas - Mexican Railway Company, a Texas Corporation domiciled in the County of Webb, State of Texas, hereinafter called the "Railroad" and the City of Corpus Christi, Texas, a municipal corporation bereinafter called the "User ". WITN.SSETH: WHEREAS, The United States of America is the owner of an easement and railroad facilities shown on Bureau of Yards and Docks Drawing Number attached hereto, marked Exhibit "A' and made a part hereof; and WHEREAS, On the 25th day of June 1947, the United States of America entered into an Agreement NOy(R) -41896 with the "Railroad" concerning the use of such tracks and facilities; and WHEREAS, The City of Corpus Christi, Texas desires to lay a 8 INCH A.C.P. WATER LM under and across the Government's existing track at the location known as the "Railroad's" Engineering Station 859 + 99.61 as is shown more particularly on Exhibit "A"; and WHEREAS, Subject to the terms and conditions stated below, the Texas Mexican Railway Company has no objection to the crossing of and under- neath said track insofar as said Railway Company's operations are, concerned; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the Texas Mexican Railway Company, and the City of Corpus Christi, Texas do hereby enter into the following agreement: 1. The railroad does hereby grant its permission for the said city to lay and maintain, operate and repair the above listed pipe line. Said pipe line shall be installed and maintained at all times in a proper and protective manner. o � /r r 2. It is understood and agreed that before said pipe line is installed and also before any changes or repairs are made at any time, that the "User" will notify the General Manager's Office in Laredo, Texas, of the Railroad. The "User" agrees to maintain the said pipe line so as to keep it free from leaks and defects and interference with drainage at the said loca- tion. 3. It is understood and agreed that said "User" shall well and sufficiently indemnify and save harmless the "Railroad" from all claims, demands, damages, actions and court costs to which said Railroad is subjected to paying as a result of the negligent maintenance, use and operation of said pipe line, including the negligent construction, repair or failure, in any manner of said line, if the "User" would have been, in law, liable therefor after assertion of legal defenses. 4. ,t is understood and agreed also that the agreements under this consent agreement to said "User" are limited and strictly sub!ect, to rights and obligaticns possessed by the "Railroad" under its agreement with the "Government ". S. The said "User" has paid to the "Railroad" the sum of One Dollar ($1.00) as a part of the consideration for this agreement, the receipt of which is hereby acknowledged. 6. If upon and after abandonment by ordinance by the Council of the City of Corpus Christi, Texas in regular session, of said pipe line, said City or "User" has not removed all of its property within a reasonable length of time, covered by this agreement from under the railroad tracks,.it is understood and agreed that said Railroad shall have the full right in its discretion to retain said property on said premises or to destroy, abandon, sell or otherwise dispose of the same. However, in the event the "Railroad" removes the property and restores the premises to its original condition, any expense incurred by the Railroad concerning such removing and relocation shall be borne by the City of Corpus Christi, Texas. 7. All obligations imposed by this contract shall be perform- able in the County of Nueces, Texas and binding upon the parties hereto, their successors and assigns. 2 • THE STATE OF TEXAS COUNTY OF WEBB BEFORE ME, The undersigned authority, a Notary Public in and for Webb County, Texas, on this day personally appeared of the Texas Mexican Railway Company, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of The Texas Mexican Railway Company aforesaid, a corporation, and that he executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Day of , 19 Notary Public Webb County, Texas THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, The undersigned authority, a Notary Public in and for Nueces County, Texas, on this day personally appeared City Manager of the City of Corpus Christi, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Corpus Christi, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of 19 Notary Public, Nueces County, Texas 4 EXHIBIT "A•" CONSENT AGREEMENT of the UNITED STATES OF AMERICA THIS AGREEMENT, made and, entered into by and between the UNITED STATES OF AMERICA, represented by the Commanding Officer, U. S. Naval Air Station, Corpus Christi, Texas, hereinafter called the "Government" and the City of Corpus Christi, whose address is P. 0. Box 9277, Corpus Christi, Texas 78408, hereinafter called the "User" to wit: WITNESSETH: The "Government" hereby states that no objection is made to the "User's" occupancy and use for the purpose of constructing, maintaining, operating and repairing a 8 INCH A.C.P. 1ULTER LINE hereinafter referred to as the "Facility" in, through, under, over and across a portion of land described as follows: A strip of land 40 fep" in length and 30 feet in with, the centerline of which intersects Station. Number 859 + 99.61 of the existing railroad as shown on Exhibit "A" attached hereto and made a part hereof, with ingress to and egress from the said land for the purposes above stated, Under the following terms and conditions: 1. That the "User" previously has obtained written consent from the Texas Mexican Railway Company for the construction of the "Facility" and approval of the plans and specifications therefor. 2. That the "User" assumes the burden of obtaining any easement required from the owner and any and all parties having or claiming.to have an interest herein. 3. This statement of no objection is not assignable or transferable, except upon written consent by the "Government" or its duly authorized repre- sentative named herein. 4. In no event shall this agreement be considered as granting any interest in the lands hereinabove described. Furthgr, this instrument shall not be construed as granting any right in excess of the rights and interests presently owned by the "Government ", nor as in any way granting•any part of the rights and interests owned by the "Government ". 5. The "User" shall retain title to the "Facility" covered by this instrument and all costs and expenses incurred in connection with the con- structing, maintenance, operation, repair and removal of said "Facility" shall be borne by the "User ". Upon the termination of the use, the "User" shall remove the hereinabove described facility and restore the land described, as nearly as practicable to its condition prior to the construction of the "Facility" to the satisfaction of the "Gvoernment ". In the event the "User" fails or refuses to remove the "Facility" and restore the premises to the satisfaction of the "Government ", the "Government" may do so and any expenses incurred by the "Government" in removing such "Facility" or property or in restoring the land, shall be reimbursed by the "User ". 6. All activities as pertain to the aforesaid use shall be at the sole cost o2 the "User ", and shall be subject to such reasonable rules and reglildtioiLs, as regards supervision or otherwise, as may from time to time be prescr'_bed by the "Government" or by the Commanding Officer, U. S. Naval Air Station. Corpus Christi, Texas, who i� hereby designated as the local representative of the "Government" in charge of administering this agreement. 7. In the event that death or injury occurs to any person, or loss, destruction or damage to any property, in connection with the construction, maintenance, operation repair, removal or restoration of the hereinabove described "Facility" occasioned in whole or in part by the acts or omissions of the "User" its agents, servants or employees, the "User" agrees to indem- uify and save harmless the "Government" from and against any loss, expense, suit, claim, or demand to which the "Government" may be subjected as result of death, injury, loss destruction or damage. But this agreement shall not be construed as giving any causes of action for recovery of any sum by anyone other than the "Government" and the claims resulting from acts or omissions of the "Government" will not be subject of indemnification or reimbursement. B. The "User" shall be responsible to the "Government" for any and all loss or damage to "Government" property, arising out of the exercise of this consent agreement. Any property of the "Government" damaged or destroyed by reason of the exercise of the consent given herein, shall be promptly repaired by the "User" to the satisfaction of the "Government" or in lieu of 2 • I 1 6 ' such repair or replacement, at the election of the "Government" shall pay the "Government" an amount sufficient to compensate for such loss sustained by reason of damages to or destruction of the "Government's" property. 9. This agreement concerns use of a specified area for a specific pur}ose as herein set out and the "User" shall not under any circumstances cr9ate an interference with the use and enjoyment of rights or interests of the Government in the land by "Government ", its grantees or assigns, 10. No member of or delegate to the Congress, or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit arising therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company, if the consent agreement be for the general benefit of such corporation or company, 11. The "User" warrants that no person or agency has been employed or retained to solicit or secure this agreement, upon an agreement or under- standing . -or a commission, percentage, bzokeraga, or contingent fee, excepting bona fide established commercial agencies, maintained by the "User" for the purpose of securing business. For breach or violation of this warranty, the "Government "shall have the right to annul this agreement without liability, or in its discretion, to require payment to the "Government" by the "User" the full amount of such commission, percentage, brokerage, or contingent fee. IN 14ITNESS WHEREOF, the Navy Department on behalf of the United States of America has caused this consent agreement to,be executed this day of , 19_ UNITED STATE'S OF AMERICA 3 By • a THIS CONSENT AGRFE'.R:NT is also executed by the "User" in acknowledgment and acceptance of the terms and conditions set forth therein, this day of _ _ 19_ CITY OF CORPUS CHRISTI BY - - -- ATTRST: City Secretary APPROVM AS TO LEGAL FORM THIS DAY OF , 19 City Attorney CERTIFICATE OF AUTHORITY OF PERSON EXECUTING AGREE- MENT ON BEHALF OF "USER" certify that I am the City Manager of the City of Corpus Christi, Texas, a municipal corporation, incorporated under, the Home Rule Statutes of the State of Texas, and that I, who signed the above and foregoing consent agreement on behalf of the City of Corpus Christi was then the City Manager, of said Municipal Corporation] that said consent agree- ment was duly signed for and on behalf of said City of Corpus Christi by authority of its governing body and is within the scope of its corporate powers. Certified this day of , 19_. BY Sworn to and subscribed to before me this day of 19_. Notary Public in and for Nueces County, Texas 4 EXHIBIT "A." CORPUS CHRISTI, TEXAS �a DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL) 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, OR Pro -Tem =�c THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE - CHARLES A. BONNIWELL Q.y� ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN�Gp VOTE :: RONNIE SIZEMORE CHARLES A. BONNIVELL ROBERTO BOSQUEZ, M.D. ' REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK