HomeMy WebLinkAbout020963 RES - 08/21/1990A RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE RENEWAL OF
GENERAL LAND OFFICE MISCELLANEOUS EASEMENTS IN LAGUNA
MADRE AND OSO BAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute General Land Office Miscellaneous Easement No. ME 800235
for a domestic water line crossing Oso Bay for a period of ten (10)
years, with an option to extend for an additional 10 years in
accordance with the Miscellaneous Easement attached hereto as
Exhibit A.
SECTION 2. That the City Manager be authorized to
execute General Land Office Miscellaneous Easement No. ME 800236
for a domestic water line crossing the Laguna Madre for a period of
ten (10) years, with an option to extend for an additional 10
years, in accordance with the Miscellaneous Easement attached
hereto as Exhibit B.
SECTION 3. That there is hereby appropriated the sum of
$3,410.00 from Water Fund Reserves for payment of Miscellaneous
Easement No. ME 800235 and the sum of $22,898.00 from Water Fund
Reserves for payment of Miscellaneous Easement No. ME 800236.
ATTEST:
i
City Secretary MAYOR !
THE CITY OF CORPUS CHRISTI
APPROVED: I* DAY OF 241,01 l , 19 `7.'
HAL GEORGE, CITY ATTORNEY
BYL La -k, --)Likauiruy
Assistant CiESi Attorney J
ORD-RES\90117
4
F')
Austin, 3axxs
EASEMENT ON SAE LAND
RENEWAL OF MISCELLANEOUS EASEMENT ME 800235
STATE OF TEXAS §
COUNTY OF NUErEs
§
KNOW ALL MEN BY THESE PRESENTS:
(1) By virtue of the authority granted by the Texas Natural Resources Code,
Section 51.291, et seq. (Vernon 1978), and by Land Resources, Title 31, Texas
Administrative rode, Chapter 13, and subject to all rules and regulations
promulgated by the Commissioner of the Texas General Land Office pursuant thereto
and all other statutes and amendments to the Texas Natural Resources Code, the
STATE OF TEXAS, hereinafter called GRANTOR, acting by and through Garry Mauro,
Commissioner of the General Land Office, hereby grants to City of Corpus Christi,
P. O. Box 9277, Corpus Christi, Texas 78469-9277, 512/880-3825 hereinafter
called GRANTEE, GRANTEE's heirs, successors, and assigns, an easement for a
right-of-way to maintain, operate, inspect, and repair one (1) 30 inch domestic
water line on the following public school land in Nuecas County, Texas:
A thirty (30) foot wide right-of-way being fifteen (15)
feet either side of the line as constructed, the
approximate location of which follows. The water line
enters State Tract B with the easement beginning at
X=2,381,395; Y=728,750 and proceeding S 64"00'56" E
across Oso Bay for 160 rods to terminate at X=2,383,775;
Y=727,590 in State Tract A, Nueces County, Texas, as
shown on Exhibit A attached to this contract and made
a part hereof.
(2) This easement is fur :;al c.eriud cf ten ;2 ;rears, bec,-inhing on the ist
of June, 1990, unless the same be renewed, extended, cancelled, or changed by
the proper official of the State of Texas as authorized by law.
(3) As consideration for the granting of this easement, GRANTEE agrees to pay
to the Commissioner of the Texas General Land Office at Austin, Texas, the sum
of Three Thousand Three Hundred Sixty and NO/100 Dollars ($3360.00).
(4) Provided that GRANTEE has complied with the terms of this contract to the
complete satisfaction of the Connnissioner of the Texas General Land Office,
GRANTOR grants to GRANTEE the option to extend and renew this easement contract
for an additional term of ten (10) years at a cost of One Thousand Six Hundred
Eighty and NO/100 Dollars ($1680.00) based on fifty percent (50%) of the amount
assessed according to the fee schedule of the Texas General Land Office in
effect on the effective date of this contract.
(5) In addition to the rental, GRANDE shall pay and discharge all taxes,
general and special assessments, and other charges of every description which
during the term of this easement may be levied on or asseszcd against the land
or the improvements constructed upon the above-described premises, provided that
such taxes result ftu,u this easement. GRANTEE shall pay all such taxes,
charges, and assessments to the public office charged with the collection
thereof not less than five (5) days before the same shall become delinquent,
and GRANTEE agrees to indemnify and hold GRANTOR harmless from all such taxes,
charges, and assessments. GRANTEE shall have the right in good faith at his
sole cost and expense to contest any such taxes, charges, and assessments, and
shall be obligated to pay the contested amount only if and when finally
determined to be owed.
(6) It is agreed that when any structure is placed on the right-of-way herein
granted, the location of the easement shall thereby become fixed at the location
of such structure, and the course and location of said easement shall not be
changed except by agreement with the Commissioner of the Texas General Land
Office and any other gover.:atencal agency with iuris' c:ti r. over sere.
(7) GRANTEE is hereby granted the right of ingress and egress to and frill said
right-of-way for the purpose of maintaining, operating, repairing, said
pipeline, and such right is not granted for any other purpose. GRANTEE agrees
to occupy the land only to the extent and for the length of time necessary to
maintain, operate, repair said pipeline.
(8) GRANTEE shall not assign or sublease the rights granted in this easement
in whole or in part to any third party for any purpose without the prior written
approval of the Commissioner of the Texas General Land Office.
(9) GRANTEE shall permit GRANIOR's agents, representatives, and employees to
enter into and on the above-described premises at all reasonable times for the
purpose of inspection and for any other reasonable purpose necessary to protect
GRANTOR's interest in the above-described premises.
(10) GRANTOR reserves the right to use any or all of the area contained within
the above-described premises for any purpose not inconsistent with the use of
the easement by the GRANTEE.
(11) GRANTEE shall use the highest degree of care and all proper safeguards to
prevent pollution of air, ground, and water in and around the above- described
premises and shall comply with all rules or orders which the Commissioner of the
Texas General Land Office deems necessary for the protection and preservation
of public lands and waters. In the event of pollution which is the result of
GRANTEE's use of the above-described premises, GRANTEE shall use all means
available to recapture all pollutants which have escaped and shall be
responsible for all damage of any nature arising from such pollution.
(12) If a leak occurs in a pipeline, the flow shall be stopped at once and
immediate notice shall be given to the Commissioner of the Texas General Land
Office.
(13) GRANTEE agrees to keep the Commissioner of the Texas General Land Office
informed of GRANTEE's current address and agrees to inform the Commissioner of
any change of address of GRANTEE prior to any such change.
(14) GRANTEE shall not use, or permit the use of, the premises for any illegal
purposes. GRANTEE will comply, and will cause its officers, employees, agents,
and invitees to comply, with all applicable laws, ordinances, rules, and
regulations of governing agencies concerning the use of the premises.
(15) GRANTEE agrees to indemnify and hold GRANTOR, its officers and employees,
harmless for liability or damages of any kind or character without limit and
without ieyard to the cause or causes thereof or the negligence of any party or
parties, arising directly or indirectly firm the use of the premises herein
granted and/or any breach by GRANTEE of the terms, covenants, or conditions
provided herein.
(16) In the event that GRANTEE fails to pay any money due under the terms of
this agreement when the same becomes due, or is in breach of any condition or
covenant set forth herein, the Commissioner of the Texas General Land Office
shall have the right, at his option, to forfeit this agreement and terminate
all rights inuring to the GRANTEE herein by sending written notice of such
ftrfeiture by United States Mail to the last known address of GRANTEE. Upon
sending of such written notice, this agreement shall terminate and all rights
granted herein to GRANTEE shall revert to GRANTOR (subject to reinstatement by
the Commissioner of the Texas General Land Office at his option). Such
forfeiture and termination shall not prejudice the rights of GRANTOR for any
claim of payments due.
(17) GRANTEE shall remove personal property, structures, and man-made
improvements authorized by this agreement within one hundred twenty (120) days
from the date of termination of this easement. GRANTEE shall take whatever
measures necessary to restore the area involved as nearly as practicable to the
same condition that existed before GRANTEE entered thereon. Upon written
request from GRANTEE, the Commissioner of the Texas General Land Office may
grant a written waiver of the requirements in this paragraph, if he deems such
waiver is in the bast interest of the State.
(18) GRANTEE further agrees to comply with the following condition(s):
(A) to bury the pipeline below the bottom of the gulf or bay at
a depth of no less than twenty-four (24) inches or to place
the pipeline on a structure of sufficient height to insure
reasonable safety from flood damage;
(B) to construct a steel line f um new or reconditioned pipe in
first-class condition;
(C) to hydrostatically test pipelines to be in compliance with
Title 49 of the Code of Federal Regulations, Part 192;
(D) to electrically test or x-ray any steel line field weld to
insure reasonable safety from leaks;
(E) to dope and treat any steel line, before it is submerged, to
offer reasonable resistance to the corrosive effect of salt
water (it is not necessary to dope and treat the portion of
a steel line that will not be submerged);
(F) to bury the pipeline by evenly backfilling the sand, gravel,
soil, or other material excavated during construction onto the
disturbed area to conform as much as is reasonably possible
with the bottom profile of the adjacent natural submerged land;
and
(G) to select a right-of-way, when feasible, that avoids shell
reefs, submerged grass beds, and marshes.
IN TESTIMONY WHEREOF, witness my hand and the seal of the Texas General Land
Office this day of , 19
(Date of the Commissioner's signature)
City of Corpus Christi THE STATE OF TEXAS
By: By:
PRINT NAME
GARRY MAURO
Commissioner of the
Texas General Land Office
GRANTOR
STATE OF TEXAS
COUNTY OF
This instnmient was acknowledged before me on , 19
by , of
(Name of Officer/Title of Officer) (Name of Corporation)
a Corporation, on behalf of said corporation.
(State of corporation)
Notary Public
Print name
My commission expires:
Exhibit A
va
151
'ACT
OSO; BAY
1
3
1
WATER [./NE
CROSS/NG
TRAM
A'
I; -t=C//2/571
=T 1 I `,e.2 CORPUS CHR/r/
BAY
J CC/LF OF
//„/E,1'/C0 I
WATER TER L /NE
CROSS/NG
727,590 N
2,383,775 C
728,750 N
2,361,395 C
�P�AP )QF• /
LOCA?/ON MAP
SCALE
1/1 /,4/LES
0 1 2 3 d 5
R
GE/✓F_R4L PLAN
SCALE /N FEET
Roca
f 1 �
GROUND PROF/L E
30
20
/0
ifeAMW 2024
— MLW 0.0
R/AJE
CROSVA
SECT/ON
O
SCMcc5 /iv FEET
2000
HOR/Z.
O
20
E= --_i VERT
-/0
NOTE.
D/TCH TO BE DUG BY
• DRAGL /NE WORK/NG ON „!ATS.
TRENCH TO BE 8ACA7%LLCO 50
AS NOT TO RAISE GENERAL BED
OF BAY MORE THAN 6 /LACHES.
TOP OF PIPE TO BE BUR /ED /LOT
LE -55 THAN 2.5' BELOW BAY 80770M.
PROPOSED SUS M/)R//VE
WATER LINE CROSS/!✓G
ACROSS 050 SRY
/N TRE c -/TY OF CORPUS 0,9,4 /S J/
COUNTY OF NUECES STATE OF TEXAS
APPL/CAT/ON BY C/TY OF CORPUS CHR/STI
1JOVCMg[F, 10, 1969
f4/0;AC
Austin, J1exits
EASEMENT ON STATE LAND
RENEWAL C)F MUIKIZIANBOUS EAR
SPATE OF TEXAS §
OOUNPY OF NUECES §
3236
KNOW ALL MEN BY THESE PRESENTS:
(1) By virtue of the authority granted by the Texas Natural Resources Code,
Section 51.291, et seq. (Vernon 1978), and by Land Resources, Title 31, Texas
Administrative Code, Chapter 13, and subject to all rules and regulations
promulgated by the Commissioner of the Texas General Land Office pursuant thereto
and all other statutes and amendments to the Texas Natural Resources Code, the
STATE OF TEXAS, hereinafter called GRANTOR, acting by and through Garry Mauro,
Commissioner of the General Land Office, hereby grants to City of Corpus Christi,
P. O. Bax 9277, Corpus Christi, Texas 78469-9277, 512/880-3825, hereinafter
called GRANTEE, GRANTEE's heirs, successors, and assigns, an easement for a
right-of-way to maintain, operate, inspect, and repair one (1) 24 inch (o.D.)
domestic water line on land located in the Laguna Madre and on the following
public school land in Nuxc,s County, Texas:
A thirty (30) foot wide right-of-way being fifteen (15)
feet either side of the water line as constructed, the
approximate location of which follows. The water line
enters State Tract 17 at X=2,395,065; Y=721,413 for the
beginning of the easement; Thence proceeding S 76°56'48"
E across State Tracts 16, 28 and 29, for 363 rods to a
point X=2,400,905; Y=720,059; Thence proceeding S
63°57'57" E across State Tracts 44 and 51, for 489 rods
to a point X=2,408,148; Y=716,521 Thence continuing on
the same bearing for 236 rods to the western side of
Padre Island for the termination of said easement in
State Tract 61, as shown on Exhibits A & B attached to
this contract and made a part hereof. The total length
of the easement is 1088 rods.
(2) This easement is for a total period of ten (10) years, beginning on the 1st
day of June, 1990, unless the same be renewed, extended, cancelled, or changed
by the proper official of the State of Texas as authorized by law.
(3) As consideration for the granting of this easement, GRANTEE agrees to pay
to the Commissioner of the Texas General Lad Office at Austin, Texas, the sum
of Twenty Two Thousand Eight lik.:ndrazi Forty Eight and, NO/100 Dollars ($22,848.00).
(4) Provided that GRANTS has complied with the terms of this contract to the
complete satisfaction of the Commissioner of the Texas General Land Office,
GRANTOR grants to GRANDE the option to extend and renew this easement contract
for an additional term of ten (10) years at a cost of Eleven Thousand Four
Hundred Twenty Four and NO/100 Dollars ($11,424.00) based on fifty percent (50%)
of the amount assessed according to the fee schedule of the Texas General Land
Office in effect on the effective date of this contract.
(5) In addition to the rental, GRANTEE shall pay and discharge all taxes,
general and special assessments, and other charges of every description which
during the term of this easement may be levied on or assessed against the land
or the improvements constructed upon the above-described premises, provided that
such taxes result from this easement. GRANTEE shall pay all such taxes, charges,
and asseszzmants to the public office charged with the collection thereof not less
than five (5) days before the same shall become delinquent, and GRANTEE agrees
to indemnify and hold GRANTOR harmless from all such taxes, charges, and
assessments. GRANTEE shall have the right in good faith at his sole cost and
expense to contest any such taxes, charges, and assessments, and shall be
obligated to pay the contested amount only if and when finally determined to be
owed.
E6) It is agreed that when any structure is placed on the right-of-way herein
granted, the location of the easement shall thereby become fixed at the location
of such structure, and the course and location of said easement shall not be
changed except by agreement with the Commissioner of the Texas General Land
Office and any other governmental agency with jurisdiction over same.
(7) GRANTEE is hereby granted the right of ingress and egress to and from said
right-of-way for the purpose of maintaining, operating, repairing, said pipeline,
and such right is not granted for any other purpose. GRANTEE agrees to occupy
the land only to the extent and for the length of time necessary to maintain,
operate, repair said pipeline.
(8) GRANTEE shall not assign or sublease the rights granted in this easement
in whole or in part to any third party for any purpose without the prior written
approval of the Commissioner of the Texas General Land Office.
(9) GRANTEE shall permit GRANIOR's agents, representatives, and employees to
enter into and on the above-described premises at all reasonable times for the
purpose of inspection and for any other reasonable purpose necessary to protect
GRANTOR's interest in the above-described premises.
(10) GRANTOR reserves the right to use any or all of the area contained within
the above-described premises for any purpose not inconsistent with the use of
the easement by the GRANTEE.
(11) GRANTEE shall use the highest degree of care and all proper safeguards to
prevent pollution of air, ground, and water in and around the above- described
premiss and shall comply with all rules or orders which the Commissioner of the
Texas General Land Office deems necessary for the protection and preservation
of public lands and waters. In the event of pollution which is the result of
GRANTEE'S use of the above-described premises, GRANTEE shall its all means
available to recapture all pollutants which have escaped and shall be
responsible for all damage of any nature arising from such pollution.
(12) If a leak occurs in a pipeline, the flow shall be stopped at once and
immediate notice shall be given to the Commissioner of the Texas General Tand
Office.
(13) GRANTEE agrees to keep the Commissioner of the Texas General Land Office
informed of GRANTEE's current address and agrees to inform the Commissioner of
any change of address of GRANTEE prior to any such change.
(14) GRANTEE shall not use, or permit the use of, the premises for any illegal
purposes. GRANTEE will comply, and will cause its officers, employees, agents,
and invites to comply, with all applicable laws, ordinances, rules, and
regulations of governing agencies concerning the use of the premises.
(15) GRANTEE agrees to indemnify and hold GRANTOR, its officers and employees,
harmless for liability or damages of any kind or character without limit and
without regard to the cansn or causes thereof or the negligence of any party or
parties, arising directly or indirectly frum the use of the premises herein
granted and/or any breach by GRANTEE of the terms, covenants, or conditions
provided herein.
(16) In the event that GRANTEE fails to pay any money due under the terms of
this agreement when the same becomes due, or is in breach of any condition or
covenant set forth herein, the Commissioner of the Texas General Land Office
shall have the right, at his option, to forfeit this agreement and terminate
all rights inuring to the GRANTEE herein by sending written notice of such
forfeiture by United States Mail to the last known address of GRANTEE. Upon
sending of such written notice, this agreement shall terminate and all rights
granted herein to GRANTEE shall revert to GRANTOR (subject to reinstatement by
the Commissioner of the Texas General Land Office at his option). Such
forfeiture and termination shall not prejudice the rights of GRANTOR for any
claim of payments due.
(17) GRANTEE shall remove personal property, structures, and man-made
improvements authorized by this agreement within one hundred twenty (120) days
from the date of termination of this easement. GRANTEE shall take whatever
measures necessary to restore the area involved as nearly as practicable to the
same condition that existed before GRANTEE entered thereon. Upon written
request from GRANTEE, the Commissioner of the Texas General Land Office may
grant a written waiver of the requirements in this y,raytaph, if he deems such
waiver is in the best interest of the State.
(18) GRANTEE further agrees to comply with the following condition(s):
(A) to bury the pipeline below the bottom of the gulf or bay at
a depth of no less than twenty-four (24) inches or to place
the pipeline on a structure of sufficient height to insure
reasonable safety from flood damage;
(B) to construct a stcrl line fruiu new or reconditioned pipe in
first-class condition;
(C) to hydrostatically test pipelines to be in compliance with
Title 49 of the Code of Federal Regulations, Part 192;
(D) to electrically test or x-ray any steel line field weld to
insure reasonable safety from leaks;
(E) to dope and treat any stcrl line, before it is submerged, to
offer reasonable resistance to the corrosive effect of salt
water (it is not necessary to dope and treat the portion of
a steel line that will not be submerged);
(F) to bury the pipeline by evenly backfilling the sand, gravel,
soil, or other material excavated during construction onto the
disturbed area to conform as much as is reasonably possible
with the bottom profile of the adjacent natural submerged land;
and
(G) to select a right-of-way, when feasible, that avoids shell
reefs, submerged grass beds, and marshes.
(H) No Ynai ntej ICIe a[ tiv. deS dr S _s _ '1rx ert ken wL '^.in C;P:
of a bird rookery island between February 15 and September
(I) Prior approval of all maintenance and/or repair work is
required from the GIA, due to the sensitive habitats (rookery
islands, seagrass beds) existing in this area.
IN TESTIMONY WHEREOF, witness my hand and the seal of the Texas General Land
Office this day of , 19
(Date of the Commissioner's signature)
City of Corpus Christi THE STATh OF TEXAS
By: By;
PRINT NAME
TITLE
GRANTEE
GARRY MAURO
Commissioner of the
Texas General Land Office
GRANTOR
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
, 19
by , of
(Name of Officrmr/TitIe of Of_`__:er) (Name of Ccnxc_ation)
a torp.:ration,
(State of corporation)
Notary Public
Print name
My commission expires:
Corpus Christi, Texas
stdayof
1Lc c2 , 19 D
The above resolution was passed by the following vote:
Betty N. Turner
Cezar Galindo
.9
/22
Leo Guerrero Co(N,--w�
Tom Hunt (j y
Edward A. Martin
Joe McComb
Clif Moss /60%
Mary Rhodes
Frank Schwing, Jr.
066