HomeMy WebLinkAboutC2023-175 - 8/29/2023 - Approved Execution Version
RELOCATION AND REIMBURSEMENT AGREEMENT
This Relocation and Reimbursement Agreement("Agreement") is made and entered into
and effective this the 15th day of August 2023 (the"Effective Date"),by and between the City of
Corpus Christi,Texas,a Texas home-rule municipality(the"City") and the Port of Corpus Christi
Authority of Nueces County,Texas(the"Authority").
WITNESSETII:
WHEREAS, City is the owner of two 16-inch water pipelines (the "Facilities") crossing
the Corpus Christi Ship Channel by virtue of the following described easement:
By virtue of a certain Pipeline Easement, dated August 10, 2004, and recorded in
Nueces County as Doc#2004043058 (herein, "Existing Easement"); and
WHEREAS,the U.S. Army Corps of Engineers,Galveston District("Government"),has
commenced construction of the congressionally authorized deepening and widening of the Corpus
Christi Ship Channel which generally consists of deepening the existing Corpus Christi Ship
Channel ("CCSC") from the Viola Turning Basin to the end of the jetties in the Gulf of Mexico
(approximately 34 miles) from -47 feet Mean Lower Low Water (MLLW) to -54 feet MLLW, !�
deepening and extending the remainder of the CCSC into the Gulf of Mexico (approximately 2
miles)from-49 feet MLLW to-56 feet MLLW,widening the CCSC to 530 feet through the Upper
Bay and Lower Bay reaches (approximately 20 miles), and constructing 200-foot wide barge
shelves to -14 feet MLLW on both sides of the CCSC (approximately 10 miles) across Corpus
Christi Bay(the"Channel Improvement Project"); and
WHEREAS, Section 1001(40)(B) of the Water Resources Development Act of 2007
("WRDA 2007") directs the Government to exercise navigational servitude on the CCSC,
including the removal or relocation of any facility obstructing the Channel Improvement Project;
and
WI-IEREAS, by letter from the Government to City received February 20, 2019, the
Government directed City to remove or relocate the above-described Facilities by January 2021
(the "Federal Removal Deadline") to accommodate construction of the Channel Improvement
Project; and
WHEREAS,WRDA 2007,which originally authorized the Channel Improvement Project,
states that "the Secretary shall enforce the navigational servitude ... (including the removal or
relocation of any facility obstructing the project) consistent with the cost sharing requirements of
section 101"of the Water Resources Development Act of 1986 ("WRDA 1986"); Pub. Law 110-
114 § 1001(40)(B)(Nov. 8,2007); and
WI-IEREAS,Section 101(a)(4)of the WRDA 1986 provides that the"non-Federal interests
for a project ... shall perform or assure the performance of all relocations of utilities necessary to
carry out the project,except that in the case of a project for a deep-draft harbor ..., one-half of the
cost of each such relocation shall be borne by the owner of the facility being relocated and one-
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half of the cost of each such relocation shall be borne by the non-Federal interests." 33 U.S.C.
§2211(a)(4); and
WIIEREAS, Section 101(a)(4) of the WRDA 1986 goes on to define the "deep-draft
harbor" as a harbor which authorized to be constructed to a depth of more than 45 feet, 33 U.S.C.
§ 2241(1); and
WHEREAS,the transfer of the existing Facilities,to a new location is a relocation project
for purposes of the WRDA 1986 and,thus, the Authority,as the Non—Federal Sponsor of a deep
port channel relocation project, is required to pay 50% of the cost of relocation—including both
the removal and installation activities associated with the Facilities; and
WHEREAS, in September 2017, the Government and the Authority signed a Project
Partnership Agreement ("PPA") that governs the terms and conditions under which the
Government is undertaking the Channel Improvement Project, including inter alio,a requirement
that the Authority and City"shall share equally in the cost of the relocation." PPA,Art. 11(J);and
WHEREAS, City, under the terms hereinafter stated, agrees to remove the existing
Facilities and relocate the Facilities to accommodate the Channel Improvement Project, provided
that Authority reimburses City fifty percent (50%) of its actual costs in performing the removal
and installation activities; and
WHEREAS, relocation of the Facilities requires a new pipeline easement from the
Authority,which new pipeline easement has been granted and is attached hereto in Exhibit A(the
"New Easement"), and which New Easement was granted by the Authority to the City at no cost
in exchange for the covenants contained herein.
NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and confessed and in consideration of the promises and mutual
covenants herein contained,the Parties agree as follows:
1. City hereby agrees to perform, or cause to be performed, the work identified in the Scope
of Work, attached hereto as Exhibit B, necessary to remove and relocate the Facilities to
accommodate the Channel Improvement Project. City shall complete the work in two
separate phases as identified in Exhibit B: Phase I which is the removal of the two existing
16" pipelines and Phase II which is the installation of the new 24" pipeline. For the
purposes of this Agreement, "relocate" or "Relocation" means the alteration, lowering,
raising,or replacement and attendant demolition of the Facilities,including,but not limited
to, planning, engineering and design, project management, geotechnical, environmental,
cultural and engineering studies, surveying, removing the existing pipeline facilities and
the installation of a new 24" pipeline and functional equivalence to the Facilities, and
securing land rights for the relocation of the Facilities, regulatory approvals, permitting,
scheduling, material procurement, construction, construction management, inspection,
non-destructive testing,and site restoration (collectively, the"Relocation Work").
2. Prior to commencement of its activities to relocate the Facilities, City will furnish
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Authority with a detailed set of plans for the construction of the relocated Facilities (the
"Plans") for the Authority's approval,which approval shall not be unreasonably withheld
nor unreasonably delayed. The Plans must be prepared in a standard engineering format
and must be signed and sealed by a Professional Engineer registered in the State of Texas.
3. Prior to the installation of the Facilities as defined in Exhibit B, City shall furnish
Authority's Director of Engineering "issued-for-construction" drawings for the Facilities
provided to its construction contractors for the construction of the Facilities,as well as,any
subsequent revisions thereto. Upon completion of the installation of the Facilities in the
New Easement, City shall provide an as-built drawing depicting and describing(by metes
and bounds) the as-built location of the Facilities. For any segment of the Facilities
installed utilizing horizontal directional drilling("HDD") methods, City agrees to survey
by smart pig or similar technology and to include in the as-built drawings all x, y, and z,
coordinates for each segment of Facilities installed by HDD methods.
4. The estimated cost of the Relocation Work is $14,235,445.90, as further delineated in
Exhibit C (the"Estimated Costs"), as reasonably estimated by City. City and Authority
acknowledge that the Estimated Costs shall not be considered a maximum or minimum and
that the actual cost of the Relocation Work may be more or less than the Estimated Costs.
5. Authority shall reimburse City fifty percent (50%) of the actual costs arising from the
Relocation Work (the "Relocation Costs"). Relocation Costs are those necessary to
provide a functionally equivalent Facility, reduced by depreciation, as applicable, and by
the salvage value of any removed items. Relocation Costs include the following costs paid
by City:
(a). Costs of contractors as defined under any construction or contractor agreements,
supplemental agreements and change orders, and/or under invoices, bills, and other
demands for payment made by contractors for work, material, right of way remediation
and other services provided by the contractor in association with planning and
implementing the Relocation Work.
(b). Costs for contractors' equipment used as part of the Relocation Work, and rentals
actually paid to third party contractors for the lease of such equipment.
(c). Costs of any and all Federal, State, County and municipal permits, licenses,
inspections, any other payments and fees paid to any governmental unit as a result of the
Relocation Work.
(d) Project management costs and inspection costs for the Relocation Work.
(e). All other external labor and material expenses paid by City in association with the
Relocation Work.
6. Relocation Costs do not include the incremental costs associated with acquiring,
constructing, drilling, laying, lowering, or installing new facilities that are objectively
•
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superior to the existing Facilities for reasons other than depreciation or the fact that the
new facilities may be newer than the existing Facilities("Betterments"). In the event the
City acquires, constructs, drills, lays, lowers, or installs a Betterment, the Authority
remains obligated to reimburse the City for fifty percent(50%)of the Relocation Costs that
would have resulted if the new facility was of a similar functional like and kind as the
existing Facilities, but is not obligated to reimburse the City for any incremental costs of
the Betterment. In addition,the following are not considered Betterments:
(a). Upgrades or improvements in design and features reasonably required to he in
compliance with current applicable industry, legal,or regulatory standards;
(b). Replacement of devices or materials that are of reasonably equivalent standards
although not identical;
(c). Replacement of devices or materials no longer regularly manufactured; and
(d). Replacing two existing 16-inch pipelines with a single 24-inch pipeline.
7. The Authority shall provide notice as soon as reasonably practicable to City in the event
that it considers any proposed scope of work or anticipated costs included in(i)the Plans,
(ii)the"issued-for-construction"drawings provided to the Authority pursuant to Section 3
hereof or(iii) the Estimated Costs, to result in or to be an expense that it believes should
be excluded from its reimbursement obligations hereunder due to the fact that such
proposed work or expense would constitute or be attributable to a Betterment.
8. City shall select contractors it deems qualified in its sole discretion to perform the
Relocation Work (each a "Contractor" and, collectively, "Contractors"). City agrees
that each Contractor shall be selected in compliance with Texas law and its Charter. City
will provide Authority with copies of all contracts for the Relocation Work awarded by
City.
9. City shall provide written notice to the Authority if: (a) the actual amount of Relocation
Costs for a particular relocation-related activity exceeds the Estimated Cost of that
particular activity by 10% or more; or (b) if the actual amount of total Relocation Costs
exceeds the total Estimated Amount by 10% or more. City agrees to provide Authority
any change orders that may document any such increase in the Estimated Costs.
10. The Relocation Work shall be undertaken under the direction and responsibility of City.
The Authority shall not directly contract for any Relocation Work to be performed and
shall not be responsible for any liability arising out of such Relocation Work. City shall
rely on its own consultants, engineers, and contractors to design and implement the
Relocation Work such as to provide City with the same like and kind functionality in the
Facilities as existed just prior to the relocation. Authority's sole responsibility in the
Relocation Work is to reimburse 50% of the Relocation Costs as described more
specifically above.
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11. City shall comply with any and all requirements and conditions of any necessary approvals
from any governmental authorities having competent jurisdiction over the removal and
relocation of the Facilities(the"Government Authorizations").
12. City shall notify Authority at least seven (7)days in advance of the time it expects to start
the Relocation Work, as well as when actually commencing, suspending, resuming, and
upon final completion of work.
13. This Agreement governs only those Facilities that will be removed and replaced. If the
Government requires a Facility to be removed and the City does not replace the Facility,
the Authority does not have any obligation under this Agreement(including no obligation
under Section 5 to pay fifty percent(50%)of the costs associated with removing a Facility
that will not be replaced).
14. Authority shall reimburse City fifty percent(50%)of City's actual Relocation Costs on the
following schedule:
(a). Upon completion of Phase I of the Relocation Work as detailed in Exhibit B,City shall
prepare an accounting with supporting documentation of its final actual costs and submit
to Authority an invoice setting forth the actual Relocation Costs incurred by City in
connection with the Phase I (the"Final Phase I Invoice"). Authority shall review City's
supporting documentation within sixty (60) days of receipt. Authority may require
additional supporting documentation prior to approval of City's Final Phase I Invoice.
Within ten (10) days of Authority's approval of City's Final Phase I Invoice, which
approval shall be no later than ninety(90)days from Authority's receipt of the Final Phase
I Invoice,Authority shall pay City fifty percent(50%)of the undisputed Relocation Costs
for Phase I. In the event that any item included in the Final Phase I Invoice is not accepted
by the Authority as a reimbursable Relocation Cost, the Parties agree to resolve such
dispute pursuant to Sections 16 and 17 below.
(b). For the Phase II Relocation Work,the City shall be reimbursed quarterly as provided
herein. City shall notify the Authority upon the City's issuance of its notice to proceed
with Phase II construction. City shall thereafter submit quarterly invoices to the Authority
for reimbursement of the actual Relocation Costs incurred by City in connection with the
Phase II Relocation Work for each quarter(the"Quarterly Phase II Invoices"). Authority
shall review City's supporting documentation within sixty(60)days of receipt. Authority
may require additional supporting documentation prior to approval of each Quarterly Phase
II Invoice. Within ten(10) days of Authority's approval of a Quarterly Phase Il Invoice,
which approval shall be no later than ninety (90) days from Authority's receipt of each
Quarterly Phase II Invoice,Authority shall pay City fifty percent(50%)of the undisputed
Relocation Costs. In the event that any item included in a Quarterly Phase II Invoice is not
accepted by the Authority as a reimbursable Relocation Cost, the Parties agree to resolve
such dispute pursuant to Sections16 and 17 below.
15. All payments due hereunder shall be in the form either of a check made out City of Corpus
Christi,Texas,or ACH Payment. The ACH addenda information must contain the invoice
number that is being paid. The email address for the ACH remittance advice is
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centralcashiering@cctexas.com and JudyAV(c cctexas.com. Account information will be
provided with the invoice.
16. The Parties shall endeavor to resolve amicably any dispute in the ordinary course of
business between the Parties' representatives. If the Parties' representatives are unable to
resolve the dispute in the ordinary course of business,then the dispute shall be referred to
the Parties' senior management for resolution. If the Parties' designated senior
management cannot resolve the dispute within sixty (60) days of a Party's notice to the
other Party or such other time as agreed upon between Parties,the Parties agree that such
dispute may be subject to mediation on the terms and conditions set forth herein.
17. If a dispute cannot be settled by direct negotiations,either party may initiate mediation by
giving notice to the other party to that effect. The place of mediation will be in Corpus
Christi,Texas. The parties shall attempt to agree on a mediator and,if the parties are unable
to agree upon the mediator within fifteen(15)days from the date notice was sent to initiate
the mediation process, then the parties shall use the International Institute for Conflict
Prevention and Resolution Mediation Procedure to appoint the mediator. The expense and
costs of the mediation will be borne equally by the parties, except that each party will be
responsible for paying the fees of its attorneys. If no resolution is agreed to at the
conclusion of the foregoing mediation process, each party may pursue all remedies
available to it at law, in equity or otherwise. Any dispute relating to, arising out of, or
connected with this Agreement shall be exclusively filed and maintained in a State or
Federal court located in Nueces County,Texas.
18. City agrees to use reasonable efforts to remove the existing Facilities by dates provided in
Exhibit 13 or as may be reasonably extended to account for delays incurred in schedule for
factors beyond City and Authority's control, and in any event to remove the existing
Facilities within six (6) months of the date that the relocated Facilities are complete and
operational.
19. It is expressly understood by the parties hereto that by execution of this Agreement and the
New Easement, the City is abandoning any right, title or interest it may have as to any
portion of the Existing Easement not located within the boundaries of the New Easement.
20. Notices,demands,requests or other formal communication related to this Agreement shall
be deemed to have been given when received,whether delivered personally or mailed. E-
mail communications may be considered as formal notification provided the e-mail
message states the message is intended as a formal notice and the receiving Party
acknowledges receipt of the message as a formal notification. Notices shall be addressed
as follows
If to the Authority: Kent Britton
Interim Chief Executive Officer
Port of Corpus Christi Authority
400 Harbor Drive
Corpus Christi,Texas 78401
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If to the City: Jeff Edmonds, Director of Engineering Services
City of Corpus Christi
P. O.Box 9277
Corpus Christi,Texas 78469-9277
21. This Agreement shall be construed in accordance with and governed by the laws of the
state of Texas, without regarding to its principles of conflicts of laws. Any legal action
brought to enforce or construe this Agreement shall be brought in the courts located in
Nueces County, Texas, and the parties agree to the jurisdiction of such courts and agree
that they will not invoke the doctrine of forma non conveniens or other similar defense.
22. This Agreement,along with the New Easement,supersede every antecedent or concurrent
oral agreement, stipulation or understanding between City and Authority, and no
representations or statements, oral or written, have been made modifying, adding to, or
changing the terms of this Agreement or the New Easement.
23. This Agreement may be executed in multiple counterparts, each of which shall constitute
an original,and all of which,when taken together, shall constitute one instrument.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their
duly authorized officers as of the dates provided below each signature, to be effective, however,
for all purposes, as of the Effective Date.
[Signature page follows this page.]
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CITY OF CORPUS CHRISTI,TEXAS
By: .
Approved as to form:
Name:Jeff H. Edmonds, P.E.
Director of Engineering Services
Title:
' ///tgr
Date: August 30, 2023
Assistant City Attorney
PORT OF CORPUS CHRISTI AUTHORITY
OF NUECES COUNTY,TEXAS
ATTEST: •� _ i g _ 1 P 411 By: .
REB CCA HUERTA
CITY SECRETARY Name: j(Qd't ?Yce f\
Title: e rii,t. CcJ
, ,1�UfiN0111tY� Date: 7//S'/c 3
0 cOsNCIL - a
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EXAIBIT A
EASEMENT
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PIPELINE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF NUECES §
Port of Corpus Christi Authority of Nueces County,Texas,acting herein by and through its
Port Commissioners hereunto duly authorized (hereinafter called "Authority") and pursuant to
Chapter 62 of the Texas Water Code,for good and valuable consideration as described below,and
including the covenants and conditions herein made and provided to be kept and performed by
Grantee,has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY
to the CITY OF CORPUS CHRISTI,a Texas home-rule municipal corporation whose principal
address is P.O.Box 9277,Corpus Christi,Texas 78469-9277,(hereinafter called"Grantee"),a non-
exclusive right-of-way and easement(the"Easement")on and through the Authority's land located in
Nueces County,Texas,for the purpose of constructing, laying,operating,maintaining,repairing,
replacing and removing one(1)pipeline(s)twenty-four inch(24")in nominal outside diameter for
the transportation of potable water(the"Authorized Pipeline Products")(the"Pipeline")upon,
over and across the Easement hereby granted. No above ground or below ground appurtenances are
allowed except for those listed on Schedule 1 attached hereto and pipeline markers(the"Pipeline
Appurtenances"). All above ground Pipeline Appurtenances and flush with the ground Pipeline
Appurtenances,if any,shall be installed in the surface site location(s)described in Exhibits"A"and
"C" and depicted in Exhibits "B" and "D" attached hereto. The Pipeline and the Pipeline
Appurtenances shall hereinafter be collectively referred to as the "Pipeline Facilities"). The
Easement initially conveyed hereby is a total of five feet(5')in width,together with a variable width
temporary construction easement parallel and adjacent to the Easement,in the locations depicted on
Exhibits "B" & "D" attached hereto ("Temporary Easement"). The Temporary Easement also
includes the additional temporary workspace locations,if any,depicted in Exhibits"B"and"D".The
Easement and Temporary Easement and any surface sites for the installation of above ground
appurtenances are more particularly described in two segments.The first and southernmost segment
is described in Exhibit "A" and is depicted in Exhibit "B" attached hereto. The second and
northernmost segment is described in Exhibit"C"and is depicted in Exhibit"D"attached hereto.
The Temporary Easement shall expire and the Easement shall revert to the exterior dimensions of the
Pipeline Facilities on: (1) the date on which the initial construction of the Pipeline Facilities is
completed and the Pipeline is operational,or(2)one year from the elate of this Pipeline Easement
Agreement("Agreement"),whichever is earlier,(the"Initial Construction Period"). The Easement
and Temporary Easement shall be collectively referred to as the"Easements".
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the rights and
privileges hereby conveyed for thirty(30)years beginning on the (;2 day of DgeeF,g12022, and
ending at midnight on the 1( day ofp::c.eMWt6172052,subject to the exceptions and reservations
herein set forth, and upon the following covenants and conditions which are a part of the
consideration for this grant,which covenants and conditions are and shall be construed as covenants
running with the land, and which covenants and conditions by its acceptance hereof Grantee
covenants and agrees to keep and perform.
•336773v6 I City of Corpus Christi Water Pipeline Retocntlon Easement(2022)
•
This Easement is granted subject to the following:
1.. Pipeline&Surface Site Fees. For the entire thirty(30)year term of the term of this
Agreement,Grantee will pay to the Authority a one-time pipeline easement fee in the amount of Ten
Dollars($10.00) in advance.
For the entire thirty (30)year term of the term of this Agreement Grantee will pay to the ! '
Authority, in advance, a one-time surface site fee in the amount of Ten Dollars ($10.00) for the
above ground Pipeline Appurtenances locations described and depicted in Exhibits A and 13 attached
hereto.
The consideration initially paid by Grantee upon execution and delivery of this Easement is
solely for the grant of the Easement,Temporary Easement and anticipated reasonable non-negligent
damages thereto arising during the Initial Construction Period for simultaneous installation of the
Pipeline and all authorized appurtenances thereto. With respect to all other damages,Grantee shall
pay to Authority and to Authority's tenants,if any,all damages to real or personal property,whether
such property is located inside or outside the boundaries of the Easements, which arise out of
Grantee's construction,operation, repair, maintenance of the Pipeline or any other operations of
Grantee hereunder.
2. Other Damages: With respect to all other damages, Grantee shall pay to
Authority or to Authority's tenants,from time to time,all damages to Authority,caused by Grantee
or its employees, agents or contractors, including but not limited to damages to: docks,mooring
structures, pipelines, equipment, reservoirs, water wells, grass, fences, trees, roads, and
improvements,inside or outside the Easement or Temporary Easement now in existence or hereafter
constructed, including,but not limited to,damages inside or outside the Easement as a result of
crowning the Easement or the rising or sinking of the soil within the Easement,and for damage to
Authority's tenants,caused by the construction,operation,repair,maintenance of the Pipeline or any
other operations of Grantee hereunder,other than the anticipated reasonable non-negligent damages
to Authority resulting from initial construction and simultaneous installation of the Pipeline,
regardless if such damage arises during the Initial Construction Period.
3. Access and Post Construction Workspace. Grantee's rights of ingress and egress
shall be confined to the above-described Easements during the Initial Construction Period.Grantee
during the Initial Construction Period shall not have the right to cross Authority's adjacent land,store
materials or equipment on Authority's adjacent land, or conduct any of Grantee's operations on
Authority's adjacent land, without the prior express written consent of Authority. After the
expiration of the Initial Construction Period,Grantee shall be permitted to have ingress and egress to
and from the Easement for the construction,operation,maintenance,inspection,repair,removal or
replacement of the Pipeline Facilities over a route or routes, across Authority's adjacent lands, if
any,designated in advance by Authority. Grantee,during any period of construction,maintenance,
inspection,repair,removal or replacement of the Pipeline Facilities,taking place after the expiration
of the Initial Construction Period, shall be permitted to use a reasonable amount of Authority's
adjoining property, as designated in advance by Authority, to the extent reasonably available, as
determined by Authority in its sole and absolute discretion, and only for so long as reasonably
336773v6 2 City of Corpus Christi Water Pipeline Relocation Easement(2022)
necessary for such construction, maintenance, inspection, repair, removal or replacement of the
Pipeline Facilities("Post Construction Workspace"). Notwithstanding the forgoing,Authority shall
have no obligation to preserve the availability of any of Authority's adjacent lands for Grantee's use
as Post Construction Workspace. After the expiration of the Initial Construction Period except in the
case of an emergency,Grantee agrees to notify the Authority not less than seventy-two (72)hours
prior to Grantee's employees, agents or contractors entering upon the Easement for construction,
maintenance,repairs or other operations. In the case of an emergency necessitating entry upon the
Easement by Grantee,its employees,agents or contractors without first giving at least seventy-two
(72)hours prior notice to Authority,Grantee agrees to notify the Authority of the nature and extent
of any such emergency within twenty-four(24)hours after any such entry.
4. Construction,Maintenance and Use.
During the installation of the Pipeline Facilities or during any significant repair or
replacement of the Pipeline Facilities, Authority shall be entitled to engage the services of an
inspector which shall be selected by the Authority,in its sole and absolute discretion,to observe the
operations of Grantee and to verify that the Pipeline Facilities are installed in full compliance with
the terms and conditions of this Agreement(the "Inspection Services"). The Authority shall be
responsible for the payment of all wages and expenses charged by its inspector(the"Inspection
Service Expenses"). Upon completion of the initial installation of the Pipeline Facilities and
thereafter upon completion of any significant repair or replacement of the Pipeline Facilities, •
Authority shall invoice Grantee for all Inspection Service Expenses incurred by Authority,which
invoice Grantee agrees to pay within thirty(30)days of Grantee's receipt thereof.
Grantee shall construct and maintain the Pipeline Facilities in a good and workmanlike •
manner and in compliance with all applicable governmental and industry standards for construction
and maintenance of the same;including but not limited to the requirements set forth in Article VII
(Hazardous Substances,Liquids,and Gas Pipelines and Distribution Systems)of Chapter 35 of the
City of Corpus Christi's Code of Ordinances,as amended from time to time.Warning signs for the
existence of the Pipeline Facilities that conform to Federal and State laws applicable to such warning
signs will be posted at the required locations along the Easement.
Authority understands that Grantee intends to utilize a portion of the Easement and
Temporary Easement for the operation of horizontal directional drilling("HDD")equipment needed
to install a portion of the Pipeline within the Easement, under the TULE LAKE TURNING
BASIN. Grantee agrees not to place,store,dump or dispose of any drilling mud,chemicals,spoil,
dredge, sludge,water or other material utilized or produced in connection with any of Grantee's
HDD operations on the Easement or Temporary Easement or Authority's adjoining property.Absent
Authority's express written consent to the contrary,all such material shall be captured and removed
using watertight containers so that such material does not come into direct contact with any portion
of the surface of such property in the course of performing such HDD operations.Grantee shall use
all commercially reasonable efforts to minimize the Easement and Temporary Easement area utilized
to perform the HDD operations,and Grantee agrees to restore the affected Easement and Temporary
Easement area,and any adjoining property,to the same condition as existed prior to such operations.
Grantee will consult with Authority regarding Grantee's planned I-IDD operations prior to
336773v6 3 City of Corpus Christi\Voter Pipeline Relocation Easement(2022)
commencing such work, Grantee agrees to immediately notify Authority's Director of Engineering
of any damages to any property,real or personal,occurring outside the boundaries of the Easement
or to any road,railroad,or other improvement inside or outside of the Easement caused by Grantee's
HDD operations. All backfill placed in the Easement must be compacted to prevent settlement or
erosion, Grantee shall bury and maintain the Pipeline and all underground Pipeline Appurtenances
at a depth of not less than 4 feet below the surface of the ground or to such deeper depth as may be
reasonably required as a result of the presence on,or construction on,or adjacent to,the areas within
the Easement of any road,pipeline,or pole line. Grantee agrees to bore under all navigable channels
and rail crossings to a depth set by Authority's Director of Engineering Services and where
applicable the U.S.Army Corp.of Engineers. In refilling any hole or ditch,Grantee must compact
the subsoil to ninety-five percent(95%)of original compaction. After any construction,repair or
removal, Grantee shall compact, loosen, or otherwise condition the topsoil to the degree of •
compaction of non-disturbed topsoil so that there will be no settling or compaction of soil and so that •
the land disturbed will be the same level as the surrounding lands which will maintain drainage
previous to such work and prevent erosion.
ti
In the event of any excavation within the Easements,including but not limited to excavation
of any pipeline trench or in the event of removal of the Pipeline Facilities herein contemplated,the
top eighteen(18")inches of topsoil(should eighteen inches of top soil exist),or the full depth of any
such top soil, whichever is less,will be removed and stored separately from the subsoil. As the
Pipeline trench is backfilled,the subsoil will be replaced over the pipe and pipe bedding and all
topsoil will be placed on top of the subsoil, commonly referred to as the double-ditch method.
Grantee shall promptly back-fill all excavations in this manner and agrees to promptly remove all
excess subsoil from the Easements.
In no event during the term of this Pipeline Easement Agreement shall Grantee, or its
permitted successors or assigns, have the right to dispose of any water generated or produced in
connection with hydrostatic testing of the Pipeline Facilities upon or across any portion of the
Easements,Post Construction Workspace,Grantor's lands or adjacent waters without all necessary
permits therefore and the express written consent of Authority's Director of Environmental Planning
and Compliance
Grantee agrees to contact and notify Authority, by contacting and informing Authority's
Manager of Rail Operations,in writing at P.O.Box 1541,Corpus Christi,Texas 78403,at least ten
(10) days in advance of Grantee's intent to conduct any Pipeline Easement related construction,
operation,or maintenance activities within one hundred feet(100')of any railroad.
Grantee will restore the Easement and any Post Construction Workspace disturbed by
Grantee's operations to pre-project elevations and contours,and paving. Grantee shall restore all
paving, and other improvements and, if requested by Authority, will seed and/or vegetate the
unpaved areas of the Easement and Post Construction Workspace to promote restoration of the pre-
project percent vegetative coverage using perennial grass seed or transplant material as per the
seasonal recommendations of the Nueces County Agriculture Extension Service, or with either it
Common Bermuda grass or other locally adapted perennial grass(if Authority so elects),
336773v6 4 City of Corpus Christi Water Pipolino Relocation Easement(2022)
Grantee will immediately,notify the appropriate State and Federal agencies who regulate
pipelines of the type in the Easement,and no later than twenty-four(24)hours after discovery,notify
Authority, of any visible or apparent contamination discovered in the Easement during initial
construction of the Pipeline Facilities.
Following completion of construction of the Pipeline Facilities,Grantee will immediately,
notify the appropriate State and Federal agencies who regulate pipelines of the type in the Easement,
and no later than twenty-four(24)hours alter discovery,notify Authority,of any visible or apparent
contamination discovered in,on,under,or adjacent to the Easement.
If,during,or after,completion of construction of the Pipeline Facilities,the contamination is
coming from the Pipeline Facilities,then Grantee will immediately take all steps necessary to shut
down the Pipeline Facilities in the Easement from which the contamination is coming, repair or
replace the Pipeline Facilities, and restore the Easements and Authority's adjacent lands to the
condition they were in prior to the discovery of the contamination. If the contamination is not
coming from a pipeline or pipelines in the Easement,then Grantee and Authority shall cooperate to
determine the source of the contamination and advise the appropriate State and Federal agencies of
the occurrence.
Grantee's use of the Easements and Post Construction Workspace herein granted and its
operations in relation thereto will always comply with all applicable laws, statutes, rules and
regulations of federal, state and local government. Grantee's use of the Easements and Post
Construction Workspace may not unreasonably interfere with existing easement rights of any owner
of an easement in,on,over,under or across any lands owned by the Authority and which are crossed
or are overlapped in whole or in part by the Easements. Grantee agrees to obtain all applicable
environmental and all other permits necessary to conduct the work and provide a copy of said
permits to Authority. Grantee agrees to construct and maintain the Pipeline Facilities in accordance
with existing permits or permit applications related to the easement and in accordance with all
applicable state and federal environmental rules and regulations.
Prior to commencement of construction of the Pipeline Facilities, Grantee will furnish
Authority with a detailed set of plans for the construction of the Pipeline Facilities(the"Plans")for
the Authority's approval,which approval shall not be unreasonably withheld. The Plans must be
prepared in a standard engineering format and must be signed and sealed by a Professional Engineer
registered in the State of Texas.The Plans for any Pipeline Facilities shall show the pipe grade,wall
thickness and coating of the pipe to be constructed and shall depict the location and the depth at
which such Pipeline Facilities will be installed within the Pipeline Easement. The Plans shall also
depict all surface sites and any surface features, including but not limited to, drainage ditches,
culverts, roads, fixtures, appurtenances, pipelines or containment levees in the vicinity of the
Pipeline Easement that may be affected by the construction activity during installation or
maintenance of the Pipeline Facilities. The Plans shall be submitted to Authority's Director of
Engineering, who may require reasonable modifications to the Plans before approving them.
Additionally,prior to the installation of the Pipeline Facilities within the Pipeline Easement,Grantee
shall furnish Authority's Director of Engineering "issued-for-construction" drawings for the
Pipeline.
336773v6 5 City of Corpus Christi Water Pipeline Relocation Easement(2022)
•
Grantee as a condition precedent to Grantee's right to enter upon and otherwise access the
Easements for construction purposes,shall furnish Authority all"issued for construction drawings"
provided to its construction contractors for the construction of the Pipeline Facilities,as well as,any
subsequent revisions thereto applicable to the Easement(the"Issued for Construction Drawings").
Grantee shall not enter upon the Easements for construction purposes until Grantee has provided
Authority with a current set of Issued for Construction Drawings. Upon completion of the
installation of the Pipeline Facilities in the Easement, Grantee shall provide an as-built drawing
depicting and describing(by metes and bounds)the as-built location of the Pipeline Facilities. When
any segment of pipeline is installed utilizing HDD methods,Grantee agrees to survey each pipeline
by smart pig and to include in the as-built drawings all x,y,and z,coordinates for each segment of
pipeline installed by HDD methods.
Grantee shall be responsible for coordination of its construction activities and use of the
Easements and any Post Construction Workspace with any other, existing or future users and
easement holders in or near the Easements. Grantee shall promptly restore any portion of the right-
of-way damaged by Grantee to its condition prior to such damage. Grantee shall, if requested by
Authority, test in the manner specified by Authority, all restoration work at Grantee's expense.
Authority shall be promptly notified in writing of the results of all tests of any such restoration work.
5. Reservations,Exceptions,and Partial Release of Existing Pipeline Easements.
The Easements herein granted and authorization to utilize any Post Construction Workspace
shall be subject to the terms and conditions of any and all easements heretofore granted by Authority
to other parties which is either of record in Nueces County or San Patricio County,referenced in a
memorandum of easement recorded in Nueces or San Patricio County or physically evident on the
property. The Authority reserves the right to grant easements and the right to grant the use of Post
Construction Workspace,upon,over,under and across the Easements,and to grant other rights of
use, leases and easements above, below and on the surface of the Easements,provided that such
grants shall not materially interfere with the rights granted herein.
THE U.S. ARMY CORP. OF ENGINEERS, GALVESTON DISTRICT ("USACE") HAS COMMENCED
CONSTRUCTION OF THE CONGRESSIONALLY AUTHORIZED PROJECT(THE"CHANNEL IMPROVEMENT
PROJECT")TO DEEPEN AND WIDEN THE CORPUS CHRISTI SHIP CHANNEL(THE"SHIP CHANNEL").THE
USACE, IN CONNECTION WITH THE CHANNEL IMPROVEMENT PROJECT, HAS ISSUED NUMEROUS
DIRECTIVES TO VARIOUS OWNERS OF PIPELINES CROSSING UNDER THE SHIP CHANNEL TO REMOVE OR
RELOCATE PIPELINES TRAVERSING UNDER THE SHIP CHANNEL. IN RESPONSE, SOME PIPELINE
COMPANIES HAVE SIMPLY ELECTED TO REMOVE THEIR PIPELINES,OTHERS HAVE ELECTED TO RELOCATE
THEIR PIPELINES,AND SOME HAVE ELECTED TO REMOVE A PIPELINE,AND IN SOME INSTANCES REMOVE
MULTIPLE PIPELINES AND REPLACE WITH A SINGLE PIPELINE OF LARGER DIAMETER. THE EASEMENTS
AND RIGHTS GRANTED TO GRANTEE BY THIS PIPELINE EASEMENT AGREEMENT ARE BEING GRANTED IN
RESPONSE TO GRANTEE'S ELECTION TO REPLACE ITS EXISTING PIPELINE(S)PLACED UNDER THE SHIP
CHANNEL BY VIRTUE OF THE FOLLOWING DESCRIBED EASEMENT(S):A UTILITY EASEMENT GRANTED
BY THE PORT AUTHORITY OF CORPUS CHRISTI TO THE CITY OF CORPUS CHRISTI ON AUGUST 10,2004,
FOR THE INSTALLATION OF TWO 12-INCH WASTEWATER LINES AND TWO 16-INCH WATER LINES AND
3367 73v6 6 City of Corpus Christi Water Pipollno Rolocation Easement(2022)
OTHER PUBLIC UTILITY LINES RECORDED IN THE OFFICIAL RECORDS OF NUECES COUNTY ON AUGUST
19,2004,IN DOCUMENT NUMBER 2004043058(THE"EXISTING EASEMENTS"). GRANTEE HEREBY
WAIVES,RELEASES,THAT PORTION OF THE EXISTING EASEMENTS UNDERLYING THE SHIP CHANNEL IN
THE VICINITY OF THE EASEMENT DESCRIBED HEREIN;AS WELL AS ANY PORTION OF THE EXISTING
EASEMENT BETWEEN THE POINT OF BEGINNING AND THE POINT OF TERMINATION OR POINT OF ENDING
WHICH ARE BEING REPLACED BY THE PIPELINE(S) AUTHORIZED BY THIS PIPELINE EASEMENT
AGREEMENT DESCRIBED AND DEPICTED ON EXHIBITS A&B ATTACHED HERETO;AND UNDERLYING
THE SHIP CHANNEL,SAVE AND EXCEPT,THE FOLLOWING DESCRIBED PIPELINE WHICH THE USACE IS
NOT REQUIRING THE REMOVAL OF IN CONNECTION WITH THE CHANNEL IMPROVEMENT PROJECT,
AUTHORIZED TO BE LOCATED UNDER THE CHANNEL BY THE FOLLOWING DESCRIBED EASEMENT(S),IF
ANY: NONE.
6. Indemnity. To the extent allowed by law,except for liabilities caused by the
sole negligence, gross negligence or willful misconduct of the Authority, its commissioners, •
officers,directors,managers,employees,and agents,Grantee shall defend,indemnify and hold
harmless Authority,its commissioners,officers,directors, managers,employees,and agents
(for the purposes of this Section, the "Indemnified Parties") from and against, and Grantee
shall be responsible for, any and all liabilities (including strict liability), actions, demands,
damages, penalties, fines, losses, claims, costs, expenses (including reasonable attorneys',
experts' fees and expenses), suits, settlements or judgments of any nature whatsoever
(including claims for personal injury,bodily injury,real and personal property damage and
economic loss)which may be brought or instituted or asserted against the Indemnified Parties
• based on or arising out of or resulting from(i)the failure on the part of the Grantee,its agents,
employees,contractors,subcontractors or licensees(collectively,"Grantee Parties")to comply
with the provisions of any laws or regulations applicable to the Pipeline or the Pipeline
Facilities, (ii) any injury to or death of or claim of injury to or death of any person or any
damage to or loss of or claim of damage to or loss of property arising from or in any manner
connected with the acts, conduct, or negligence of the Grantee Parties in the design,
construction,operation,maintenance,repair,removal,or replacement of the Pipeline or the
Pipeline Facilities,(iii)the failure on the part of any of the Grantee Parties to comply with the
provisions of any laws or regulations applicable to the Easements, Post Construction
Workspace, the Pipeline or the Pipeline Facilities, or (iv) the condition, use, malfunction,
defect,or explosion of the Pipeline or any of the Pipeline Facilities(collectively"Indemnified
Claims"),EVEN IF THE INDEMNIFIED CLAIM ARISES OUT OF OR RESULTS FROM
THE JOINT, CONCURRENT, OR CONTRIBUTORY NEGLIGENCE OF THE
INDEMNIFIED PARTIES. The Grantee's indemnity obligations under this Agreement shall
not be limited by a limitation on the amount or type of damages, compensation or benefits
owed by Grantee to any employee of Grantee under workers' or workmen's compensation
acts,disability benefit acts,or other employee benefit acts.
Notwithstanding anything to the contrary stated elsewhere herein, Authority and
Grantee understand and agree that,in no event,shall either Authority or Grantee be liable for
special,exemplary,consequential or other indirect damages to the other,and all such damages
are hereby waived to the extent permitted by law.
336773v6 7 City of Corpus Christi Water Pipeline Relocation Easement(2022)
7. Insurance. Without limiting the indemnity obligations or liabilities of Grantee,or its
insurers, provided herein, Grantee agrees at all times this Agreement is in effect to carry and
maintain at its sole expense policies of insurance("the Policies")of the types and in the minimum
amounts and comply with the other requirements set forth in Exhibit "E" attached hereto and
incorporated herein by reference.
8. Assignment. The rights herein granted may not be assigned without the prior written
consent of the Authority,which consent will not be unreasonably withheld,conditioned or delayed.
In the event of an assignment or partial assignment of the Easement, any liability of Assignor or
Assignee,to Authority under the terms of this Agreement shall be joint and several.The terms of this
Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns. Assignment by Grantee shall not relieve Grantee from liability for the
performance of the covenants and indemnities hereof.Grantee agrees to promptly provide Authority
with a copy of all assignments authorized by this Section.
9. Termination. This Agreement and all rights to use and occupy the Easement shall
terminate if the Pipeline(s)ceases to be used for the transmission of Authorized Pipeline Products,
collectively,for a period of forty-eight(48)months during the term of this Agreement or if Grantee
shall at any time expressly abandon this Easement for the use of the same for the purposes herein
granted. This Agreement and all of Grantee's interest hereunder,at the option of Authority, shall
forthwith terminate upon breach by Grantee of any of the conditions hereof and the failure of
Grantee to remedy the same within ninety(90)days after Grantee's receipt of written notice from the .
Authority so to do. Grantee agrees it will, within ninety (90) days after the termination of this
Agreement,remove the Pipeline Facilities existing in the Easement and restore the Easement and
any Post Construction Workspace utilized to remove the Pipeline Facilities to substantially the same
condition in which same existed prior to the existence of the Pipeline Facilities. In the event Grantee
fails to remove the Pipeline Facilities within the above-described time period,Authority may either
declare the termination of Grantee's interest in the Pipeline Facilities and all of Grantee's interest
therein shall thereupon terminate, or the Authority may cause the Pipeline Facilities, or any part
thereof,to be removed and disposed of,and the lands of the Authority restored, all at the cost of
Grantee. In the event of a breach of the requirements of Section 11 ("Compliance with Authority
Security Requirements"), this Agreement and all of Grantee's interest hereunder, at the option of
Authority,shall forthwith terminate in the event Grantee fails to remedy the same within ten(10)
days after Grantee's receipt of written notice from the Authority of such breach.
10. Relocation. The Authority may require Grantee to remove, lower or relocate the
Pipeline Facilities situated in the aforesaid Easement in the event the same materially interferes with
or will materially interfere with:(1)the development of Authority's lands;(2)any facility,facility
modification,or proposed facility of Authority,Authority Lessee or Authority Franchisee;(3)any
road or proposed road;or(4)any operation or proposed operation of Authority,Authority Lessee or
Authority Franchisee. The Authority may also require Grantee to remove, lower or relocate the
Pipeline Facilities situated in the aforesaid Easement in the event the same materially interferes with
or will materially interfere with any navigable channel,railroad or proposed railroad under which the
Pipeline passes. In the event Authority requires Grantee to remove,lower or relocate pursuant to the •
provisions of this Section,the cost of such removal,lowering or relocation shall be paid solely by
•
336773v6 8 City of Corpus Christi Water Pipeline Relocation flasemont(2022)
Grantee,and in such event,Authority will use its best efforts to provide Grantee with an alternate
Easement route on Authority's land at no additional cost to Grantee;provided,however,Authority
shall not be required to provide the alternate easement route.
11. Compliance with Authority Security Requirements. Grantee,its employees,agents,
representatives and subcontractors shall at all times comply with all Authority mandated security
requirements and regulations pertaining to the Easements and any Post Construction Workspace
locations or access thereto,regardless of whether now existing or hereinafter imposed,pursuant to
Authority's Tariffs (the "Security Measures"). Failure to comply with Authority's Security
Measures will be grounds for terminating this Agreement as described in Section 9 above.
Authority's Security Measures applicable to the Easement and right of way can be ascertained by
contacting the Authority's Police Department.
12. Notice. Until notified in writing of a different address, all notices, demands, or
requests must be sent to Authority and Grantee as follows. Notices will be deemed received 3 days
after being mailed if sent by U.S.mail,postage paid,certified mail to the addresses below:
Authority:
Port of Corpus Christi Authority
Attn: Chief Executive Officer
P. O.Box 1541
Corpus Christi,Texas 78403
Grantee:
City of Corpus Christi
Attn: City Manager
P.O.Box 9277
Corpus Christi,Texas 78469-9277
13. Easement Maintenance and Litter. Grantee will maintain the Easements, Post
Construction Workspace,and Pipeline Facilities in excellent repair and with a neat appearance,clean
of all litter and trash including construction debris caused by Grantee(i.e.,welding rods,grinding
wheels,tools,metal pieces,pipe coating materials,rags,cans,bags,paper,plastic,boards,blocks,
pallets,skids,etc.)during periods of construction,operation,maintenance,repair or removal of the
Pipeline Facilities.Grantee shall require Grantee's employees,agents,representatives,contractors,
and sub-contractors to pick up said construction debris daily. All construction debris shall be
cleaned up and removed from Authority's lands prior to the termination of any construction period.
14. Limitation on Easement Use. Grantee specifically agrees that Grantee,its successors,
assigns,and its related companies shall not use any portion of the Easements or portion of any Post
Construction Workspace for any other purpose than the construction,operation and maintenance of
the Pipeline Facilities. The Grantee will not grant,participate with,or initiate any contract with any
third party to place any other use or operation within the Easement other than the Pipeline Facilities
336773v6 9 City of Corpus Christi Water Pipeline Relocation Easement(2022)
described in this Agreement. This Agreement is made regardless of any past or future statutory
authority by any governmental agency allowing additional usage within the Easement. Grantee
disclaims any authority from any statutory rule or regulation that allows such additional usage and
shall be bound by this Agreement.
15. Mowing. Grantee shall mow the upland segments of the Easement in a normal and
customary fashion consistent with industry standards, a minimum of once a year. However,
Authority may suspend said mowing activities by notifying Grantee of Authority's election to
suspend such mowing activities. If suspended, Authority may elect for Grantee to resume the
mowing schedule by so notifying Grantee.
16. Brush and Tree Disposal. All trees and brush cut shall be removed from the Easements
and disposed of in a lawful manner.Alternatively,Authority may,in its sole and absolute discretion,
elect to have all trees and brush mulched and spread evenly across the Easements and/or any Post
Construction Workspace.
17. No Warranty of Title. It is hereby agreed that no warranty of title, expressed or
implied, including but not limited to the implied covenants set forth in section 5.023 of the Texas
Property Code, is made by Authority by the execution of this instrument. GRANTEE HEREBY
ACKNOWLEDGES THAT IT HAS INDEPENDENTLY INVESTIGATED THE TITLE TO,
AND SURFACE ROUTE OF,THE EASEMENT AND ACCEPTS SAME AS IS,WHERE IS,
• AND WITH ALL FAULTS,AND WITHOUT WARRANTY OF ANY NATURE,EXPRESS
OR IMPLIED (INCLUDING ANY WARRANTY CONCERNING FITNESS OR
SUITABILITY FOR GRANTEE'S INTENDED USE THEREOF).
18. Counterparts. This Agreement may be executed in multiple counterparts,each of which
shall constitute an original,and all of which,when taken together,shall constitute one instrument.
The execution of this Agreement shall be conclusive of the agreement of Grantee to all of the
terms and conditions hereof,whereupon this easement and all of its provisions shall extend to and be
binding upon the legal representatives, successors and assigns of Grantee and Authority,
respectively.
Signature Pages Immediately Follow
•
336773v6 10 City of Corpus Christi Water Pipeline Relocation Easement(2022)
WITNESS this 12th day of December ,2022. •
PORT OF CORPUS CHRISTI AUTHORITY
OF NUECES COUNTY,TEXAS
By:
Sean C. Strawbridge
Chief Executive Officer
"Authority"
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on the 12th day of December ,
2022, by Sean C. Strawbridge, Chief Executive Officer of Port of Corpus Christi Authority of
Nueces County,Texas,on behalf of the Port.
r/ r t / / / .�.1��
' R1''p''•• TANA JETON NEIGHBORS > . �
°( °��� i{)N 13153531-0 ) OTA Y P BLIC,STA' E OF TEXAS •
i• ( �' Notary Pak
'�>,-. r`;' STATE Of TEXAS •
' os ti My Comm. Exp.04-18-2026 7Grantee Signature Page Immediately Follows •.
--S-- ti v v v .., 7 •
1
336773v6 11 City of Corpus Christi Water Pipeline Relocation Easement(2022)
•
•
•
CITY OF CORP ,g H/ I
By: /
Name: Je f H.Edmonds,P.E.
Title: Director of Engineering Services
"Grantee"
•
STATE OF TEXAS •
§
COUNTY OF NUECES § ••
•
This instrument was acknowledged before me on the 22 day of November ,
2022,by Jeff H.Edmonds,Director of Engineering Services of the City of Corpus Christi,a Texas •
•
Home Rule municipal corporation,on behalf of said City.
.41
NOTARY" . . ST )F TEXAS •
u�N"rnUa`� Bobby C.Harrold,Jr.
Notary Public,stato of Uxas ••
Comm.Expires 12.10.2 •
2
o� ►� Notary to 8000763 ! 1
i
Approved as to Form:
de
A• istant City Attorney
• 336773v6 12 City of Corpus Christi Water Pipeline Relocation Easement(2022)
LNV
Solutions Today with a
engineers I architects I surveyors Vision for Tomorrow
"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
FOR
Approximately 3,244 linear feet for the centerline of a 24" Waterline, herein described as a
"Pipeline Easement",across the remaining portion of a called 169.519-acre tract known as"Tract
II,Tule Lake Tract"described in a deed to the Port of Corpus Christi Authority as recorded in
Volume 2334,Page 325,Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso"
Grant,Abstract No. 1,in Nueces County,Texas,said 3,244 Linear Feet being more particularly
described with bearings based on the Texas State Plane Coordinate System of 1983(NAD 83),
South Zone(4205),with metes and bounds as follows;
BEGINNING:At a point,X=1,307,543.16,Y=17,187,339.99,on the north right-of-way line
of Up River Road(60' wide r.o.w.), for the most southerly point of the herein
described line,from which a 5/8"iron rod found on the north right-of-way line of
said Up River Road,and for the west corner of a called 2.426-acre tract known as
"Tract II,Port Tract"described in a deed to Valero Marketing and Supply Company
as recorded in Document No. 20050L 1120, Official Records, Nueces County,
Texas,bears S 75°47'09"E,215.14 feet;
THENCE: N 14°46'57"E,across said 139.519-acre tract,a distance of 5.47 feet to a point of
intersection of the herein described line;
THENCE: N 42°56'58"E,continuing across said 139.519-acre tract,a distance of 278.75 feet
to a point of intersection of the herein described line;
TI IENCE: N 85°22'21"E,continuing across said 139.519-acre tract,a distance of 294.07 feet
to a point of intersection of the herein described line;
THENCE: N 40°42'55"E,across said 139.519-acre tract,a distance of 2,671.70 feet to a point
on the south line of a called 26.9-acre tract known as a"Railroad right-of-way"
described in a deed to San Antonio,Uvalde&Gulf Railroad Company as recorded
in Volume 134,Page 369,Deed Records,Nueces County,Texas,for the POINT
OF TERMINATION,X= 1,309,766.10, Y= 17,189,593.52, of approximately
3,244 linear feet for the centerline of a 24"Waterline,more or less.Said line being
described in accordance with an actual survey made on the ground and a survey
map prepared by LNV,LLC.
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SERCIO Z. CANALES
y:• 6040� 460
SERCIO Z. CMJN_ES SURA '
REGISTERED PROFESSIONAL LAND SURVEYOR .
LICENSE NO. 6040
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Prepared by: LNV LLC.
lob No.: 180352.000.2
File: U.'1Corpus Christi\180352 Waterline Crossing CC Ship Chaaaa6000190Survey1Dmsdngs\Ctokrline Eesemenis1Legel Dcso
Dales December 14,2021(Revision Date:01-25-2022)
"IMPELS Firm No.:10126501
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JkEFERENCES; t1EXHIBIT B11
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ORN.O.T. Of1TCML RECORD!,NUECES COVNN,IEXA!
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(C4144070111,,� l • FOUND//S'IROt1 ROO.OR AS NOTED. 6C Ir.
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CORMSmsn 14 88.27• S 347, i
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LOCATION MAP N.T.S, n1 \ UpRIV P.O.B, / 0 4 �
/ 0 l v�R Ro�D o A
I,T PORT OF CORPUS CHRISTI AUTI IORITY 6�^^�`D
Y V "TRACT II.TOLE LAKE TRACT" DETAIL N.T.S. C
v.
11 T� ! (REMAINING PORTION OF A
1V CALLED 109.519•ACRES) 4 .>`
VOL.2334,PG.325 .h ti.
D.R.N.C.T. n TI P�
3,214 LINEAR ', 0
FEET FOR THE 0
CENTERLINE OF PROP TEMP 11AIOER
A 24"WATERLINE
294.07'_, GwwLNITE NAT
N 85Y22'21" 24 W— CONSTRUCTION PARI
' I TEST STATION
r} 1 _ '
PROP SYABItTZEO h ^� —
CONSiRUCT011 �� _ --
F=` i----
ENTRANCE -v
=P.O B // PROPEPIY IINI:
(24'WATERUNE)'� / �„ MAGELLAN PIPELINES
X.1,307,113.1e' if '—h _ J HOLDINGS, LP.
Y�17,187,339.G9 \ y6 TEST STAIDN ---/____// (MULTIPLE PIPELINES)
/2 Trrya't' ko.4-6 a DCC. No. 2016039275
R1/FOUND'IRON + , TEST STATION 0 O.R.N.C.T.
0 No. J
\
BRIDGE \ \ VALERO TRANSMISSION, L.P.
88,2 ' RECTIFIER NEW ELECTRICAL - I 15' PIPELINE EASEMENT
,0....f4.
44" . SERVICE AND - VOL. 2112, PG. 285
SEE DETAIL MUM.POLE O.R.N.C.T.
TEST STATION-�. S 75%0, 2/5.114, VALERO MARKETING AND SUPPLY COMPANY
'
Ho.1 (A/ 7301 E "TRACT II, PORT TRACT"
PRE HYDRANT 46' (CALLED 2.420-ACRES)
ASsEAWLY WO ITS DOC. No. 20051311120
GATE VALVE ARO OWI Ro.e. O.R.N.C.T.
COSMO AEP ,V. "Q"411
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POWER POLE _
I' uP R1y6R ROgD
A
R
N (6o•RO,w.)
G
60' 0 60• 100'
SCALE:1"= 10D' 1
I HEREBY CERTIFY THAT: Q
A S T.
THIS SURVEY WAS PREPARED BASED A y7
ON A SURVEY MADE ON THE
GROUND UNDER ME'DIRECT
SUPERVISION. NOTES;
THIS 141H DAY OF DECEMBER, 2021
AO. 1. ACCOMPANYING METES ARO BOUNDS DESCRIPTION IIAS BEEN
(REVISION DATE:01-25-2022) PREPARED.
2. BASIS OF BEARING OP TBS SURVEY Is GIBS NDITNI AS MEN/EDDY
OF OPS.TEXAS COORDINATE SYSTEM OF 1013(NAONI,SOUTH ZONE 4205•
WITI A COMBINED SCALE FACTOR OF 150000328.
,X.'01974;F� N
yt 0- lef FO'. 3. PARENTHESIS INDICATE CALLED DEARINGMDFOR DISTANCE.
7 s. 4. OY GRAPHIC PLOTTNOOIAY,TTRs%TOPERTYUESYAOIN FLOOD
sumo Z. CANALES ZONE A.ZON6B.AND ZONE C,ACCOROINOTD MEFL000 INSURANCE
0 RATE MAP OP NIECES COUNTY,TEXAS,PAWL N0.465494 0303 C.
•� 604Y�Y` /
EFFECTIVE EDATE:MARCNI 1543. -1).-
416.C):
Q•• ' F. THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF AMIE
-L./1
COMMITMENT.
SERCIO Z. CANALES
r UCENSE TIC PROFESSIONAL MO SURVEYOR PIPELINE EASEMENT
t� LICENSE NO.6010
3nnTumna"OM SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAWN BY: RLO
1 DDI 40...M'os
w..o.arw,",u A2VWATERLINE•HEREIN DEOCRIBED AS A'PIPELINE EASEMENT".ACROSS THE ,p5 NO: 1101N 000.
5 "' '"" N' REMAINING PORTION OF A CALLE°169.619-ACRE TRACT KNOWN AS'TRACT
(J wiANw.,cn,rml IT,TULE LAKE TRACT DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRIST w0.vEYEo: t6I9-xT0
a engineers I architects I BUIVSYOTS AUTHORITY AS RECORDED IN VOLUME 2334.PAGE 323.DEED RECORDS,NUECEB SWEET:
ancavomw Tulla , w,w, COUNTY,TEXAS,AHD OUT OF THE'RINCON DEL OSO.GRANT,ABSTRACT NO.1,IN
awloannna ..n�w/lw NUECES COUNTY.TEXAS. 1 OF 4
t REFERENCES:
DJULO.1. DEED REc,ORDS,IIUECE3 Cowm,767f/S "EXHIBIT 811
S % O.RN.C.T, OFFKXRLREOWIIEINUECES COUNIY,TEXAB �•i )
.� Uy P.0.4 POfITOP eEOfRIf10 (?�, )
y V.O.T. POETOFTENL911AIION
; .�,`!, =ITE MONUMENTATION ,�;•yFm- 3
I�� Un §44 O CALCULATED POINT.
't 0, Tom' • FO'JNOF74'IRONROD,ORASIIOTEO. ,�,��, I.
111 , CITYa �.111111111 ,�II# ,
PROP TEMP TIMBER
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coSPUSOIRISi1
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•
LOCATION MAP N.T.S. �r 'b / / }
1 �� �, / /
^N' /
Ci ryT? , / 1
,1 T7 r N y�/�� / •i
1 ,yy ,, PORT OF CORPUS CHRISTI AUTHORITY / •p4.
`TRACT II,TULE LAKE TRACT' g1• I.
,��, (REMAINING
169.519-ACRES)A // ry1 , 3 •
VOL.2334,PG.325 kry 4p�
6h •
3.244 LINEAR
FEET FOR THE 0 ie / ��ry�y Qef'Qp�q G'1g
A24'WATERLINE CENTERLINE OF �� � / /y 'Q`�� 4,q," • , I
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/ "TRACT I. CORPUS TERMINAL TRACT"
/ (CALLED 17.734-ACRES)
/1/
*e DOC. No. 2005011120
O.R.N.C.T,
/ 47 q
�//MAGELLAN P1PEUNES
1
HOLDINGS, L.P.
I HEREBY CERIWY THAT: f (MULTIPLE PIPELINES)
DOC. No. 2016039275
THIS SURVEY WAS PREPARED BASED O.R.N.C,T.
ON A SURVEY MADE ON THE
GROUND UNDER MY DIRECT
SUPERVISION. N NOTES:
THIS 14TH DAY OF DECEMBER, 2021
A.D. I. ACOOMPANYINONETES ANDEOUIOS DESCRIPTIWIHASSEEN
(REVISION DATE: 01-25-2022) PREPARED.
5 801130?OEAWNO OP THIS SURVEY IS ORIO NORIR AS ODSERVED BY
�• OF 1�. OPS.TEXASCCOROYUTESYBTEMOP1903(NADAI).SOUTN20HE4203.
P.O 1 gT trlttl A COMBf1E0 SCALE FAOTOR oP 100000120
(7.:" ‘..;%70 .--Iti-- 3. PARENTHESIS NOICAT6 CA1tEOBEARIHO AND.+DROISTANCE
1
SERGIO Z. CANALES NW4. BYGRMNiCPLOTTWOONLY,T111SPROPERTY UEswRi1W FLOOD
ZONE A,ME8.MO ZONE C,ACCORO91O TO THEFLOODOISURANCE
I
d 6040RATE MAPOFNUECES COUNTY TEXAS•PNIEL NO.405494 UW3C, It
y.,.. �r EFFECTNE DATE MARCH 10.TOSS.
0'' 60' 0 50' 100' & THISSURVEYHASSEFNPREPAREDWOUTTREBE11EFITOFARRE
,, RNCOMWfMENT.
Z �`'�� SCALE:1".= 100'
2 SERGIO 2. CANALES
n LICENSE NO.
LAND SURVEYOR PIPELINE EASEMENT
TJ `NV 8HOVANO APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF ORAW^I DY RIO
wa.�u A24'WATERLINE,HEREIN DESCRIBED AS A'PIPELINE EASEMENT',ACROSS THE IooiI mimeo
REMAINING PORTION OFACALLED 169.51&AC RE TRACT KNOWN AR-TRACT SURVEYED: 0010•2020.
e o..roJwmco,;r.uy II,ME LAKE MGT"DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI
engir100rs I Orch(IooIs I surveyors AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 325,DEED RECORDS,NUECES SHEET:
'• NI P.Nameta..aean Ixw w.w COUNTY, AND OUT OF THE'RINCONOELOIO'GRANT,ABSTRACT NO.1,IN
°°""'owRlx,w�, ."T°'�w.N' NUECES COUNTY,TEXAS. 2 OF 4
S,
1REFERENCES:.IL "EXHIBIT B"
`�'ti`r DN.GI, DEED RECORDS, COU7ITY,TEXAS
'`
OR N.C.T. OFFICIAL RECORDS,NUECEII COUNTY,TEXAS
P.O.D. POINT OF BEGINNING r1F
� SITES A.O.T. POINT OF TE WTAAIION
rag*'rag**,
1 jr10Nl1MENTATtON; ��q /
'ip4..„4,
O CALCUTATEDNXIIT. �4"
. w='d� • CRLCUAT IRON ROO,OR AS NOTED. %�
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7. k1416 ,11‘
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AM•
CORPUSMINI
f)_._. RAY 41 .............m._
4'
4
I' PORT OF CORPUS CHRISTI AUTHORITY
'TRACT II,TULE LAKE TRACE
LOCATION MAP N.T.S. (REMAINING PORTION OF A
CALLED 169.619-ACRES) ff /
' NOTES: VOL.2334,PG.325 4. O
I. ACCOMPANYING METES AND BOUNDS DESCRIPTION HAS BEEN D.R.N.C.T. ro"
PREPARED. O // /
, 2. BASIS OF BEARING OF TINS SURVEY ISORID NORTH AS /
OBSERVED BY OP&TEXAS COORDINATE SYSTEM OF 1093 /
> (NAOMI.SOUTH ZONE 4705,WRVS A SCALE FACTOR I) /
OF 1.0000O310. j /
3 /
O. PARENTHESIS INDICATE cALlEDOEARL'10 N701Wt DISTANCE. ,1� /
• 1, DT GRAPHIC PLOTTING ONLY.MS PROPERTY LIES VARON 3,244 LINEAR
ZONE A.ZONETTIP.ANO ZONE C,ACCORDING TO TRE FEET FOR TIIE / /
FLOOD INSURANCE RATE LMP Of RACES COUNTY,TEXAS, ` CENTERLINE OF /
' PANEL NO.4654910303 C.EFFECTNE DATE:LARCH 111,MS. 's'.
A 24"WATERLINE/ •
6. THIS SURVEY HAS BEEN PREPAITEO WITHOIRTmIE REHEAR'Or A ,D /
. 'rine COMMITMENT. ryryy,A / /
fib.+ / /`
PROP NR ANO -{ / / /
VACUUM VALVE TN 6' `
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41.
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ti COTISSSRUCL of PATtI /
�• �. // so' o 60' loo'
,,1+ / ' SCALE:1"= 100'
/ / MAGELLAN PIPEUNES I HEREBY CERTIFY THAT:
/ / HOLDINGS, L.P.
. (MULTIPLE PIPEUNES) THIS SURVEY WAS PREPARED BASED
/ / DOC. Ho. 2016039275 ON A SURVEY MADE ON THE
O.R.N.C.T. GROUND UNDER lAY DIRECT
/ SUPERVISION.
THIS 141F1 DAY OF DECEMBER, 2021
/ /
/ (REVISION DATE: 01-25-2022)
N T. I. tit eoF
�°' ' �
f] S
SERGIO Z. CANALES
-44 A l�
.16.41/4.6040 r i
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l LW
Pi SERGIO Z. CANDLES
�1 PIPELINE EASEMENT LI
R�aTE`EEPROFESSIONAL
D LAND SURVEYOR
SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAWN SY. KOL�� SAGS
NMI
a<wa/wu
aSAw uua MI A 24'WATERLINE,HEREIN DESCRIDEDAS A'PIPELINE EASEMENT",ACROSS THE .AStro, 1eo35T.oeo
ti VMU.aum/ REMAINING PORTION OF A CALLED 169.610-ACRE TRACT KNOWN AS'TRACT
R'I mIL
/Wok, II,TE LAKE TRACT'DESCRIBED IN A DEED TO THE PORT OF CORPUS CHRISTI SURYLYYO, 054A4010
a BRQIROBTS I architects I surveyors
AUTHORITY AS RECORDED IN VOLUME 2334,PAGE 320•DEED RECORDS,NUECES SHEET, i
'g a ww. .,ae>.y m o, UI COUNTY.TEXAS,ANO OUT OF THE'RINCON DEL OSO'GRANT,ABSTRACT NO.1,114 C
oa+vaar.+t mucl IACfM4L1�ou NUECEB COUNTY.TEXAS. 3 Of 4 I
wxmlAwwtou
/
(� . CIIAMPLIN PETROLEUM COMPANY "EXHIBIT B"
��1,' Y TRACT 6
V tt (CALLED 15.898—ACRES) !
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LOCATION MAP N.T.S. SUNTIDE REFINING COMPANY —",.. \
10' WIDE EASEMENT \
VOL. 593, PG. 104 i / f
1 \ \ \ \ O.R.N.C.T. P.O.T. \\\0.Z•
i \ \ (24'WATERLINE) \
1 \ \ X"1.309,766.10 / ;
C \ \ \ \ Y"17,189,593.62
`• / '\ •1
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CI
\ \ \ \ / / \ �\
1 tI 1, 1 \ \ \ \ / / \
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1. VOL.2334,PG.325 �� f
D.R.N.C.T. h ‘1.
0 r) / / \ i \ J.
4%y / /f1 L P A / HUMBLE PIPE UNE COMPANY
l's t1 /C' 50'WIDE EASEMENT \.,
/ Q VOL. 1291, PC. 331
' ti� / / •1.' O.R.N.C.T. h 11 I
3,244 LINEAR / /J\;k. A (
FEET FOR THE / , ,y 1
CENTERLINE OF / 1'4,
{ A 24^WATERLINE / ,, L 1
* / / ,tib NOTES:
f tiM / / 6 I. ACCOMPANYING HETES AHD ROUNDS DESCf11P11d1 HAS BEEN
PREPARED. i
} .J�� / / / 2. BASIS OF DEARING OF 09830RVEY IS GRID NORTHAS OBSERVED DY
`9
/ / CPS.TEXAS COORDINATE BYBTEM OF 1663(MORD,SOUTH REM 4205. 1
YAM ACOMOINE0 SCALE FACTOR OF 1.00006326, i
k Tcy<�yt�`4 , 3. PARENTHESIS INDICATE CALLED REARM AMOR DISTANCE.
0 / /, 4. or GRAPHIC PLOTTING ONLY.TIOS PROPERTY LES N1n44F4.000 I
ZONE A 20V66,ANO ZONE C,A00086910 TO THE F1000INSURANCE f
5 / .` RATE HAP OF HUECE9 COUNTY,TEXAS.PANEL NO 46649102030. j
EFFECT OATS:MARCN 18,1965.
t / / MAGELLNI PIPELINES f
HOLDINGS, L.P. 6. TNIS SURVEY HAS 6E84 PREPARED WIRIOUT TIE MEAT OF ATIRE I
t 3, / / Cd3MITMEI1T. ,
'1,1' (MULTIPLE PIPELINES)
DOC. No. 2016039275 60' 0 60' 100
/ /♦ O.R.N.C.T. i
i / SCALE:1"= 100' ;
/ / CHAMPUN PETROLEUMTCOMPANY I HEREBY CERTIFY THAT: 1
i ,
i / / (RE AJNIG PORTION OF A THIS SURVEY WAS PREPARED BASED I
/ CALLED 58.359-ACRES) ON A SURVEY MADE ON THE
VOL.1540. PG. 783 GROUND UNDER MY DIRECT
REFERENCES: D.R.N.C.T. SUPERVISION.
5 DRN.O.T. °EEORECORO9.HUECESCOUNIY,TEXAS 1 THIS 14TH DAY OF DECEMBER, 2021 •
OAlLO.T. OFFICIALRECORDS.INECEB COUNTY,TEXASA.D.A.D. 1
t P.o.e. POINT or 1360E41940 T' (REVISION DATE: 01-25-2022) I
P.0.1. POINT OF TEfUMUTION 1
9tQNU MENTR7iQ L A 13 of , ,
O CALCULATED MUT. N '�, {'gt••F_6..
• FOUND RH'IRON ROD,OR AR NOTED. 4; ,1,1. .• f
P
CURVE TABLE DATA SERGIO Z. CANALES
CURVE ARC LENGTH RADIUS 1";d ,ne 1
C1 198.70' 3,000.00' 'y;\5040 `
DELTA ANGLE CHORD BEARING CHORD LENGTH \ O • / ;
n; 03'45'24' N 38.60'18•E 196.68' `N% �j�.�\� I
f
3 i SERGIO Z. CANALES '.
PIPELINE EASEMENT REGISTERED40440 SIGNAL LAND SURVEYOR;
',)J, L��ma38`4fi8Q. SHOWING APPROXIMATELY 3,244 LINEAR FEET FOR THE CENTERLINE OF DRAVAIDY RLOj
na0mu.or.arrau
wr..»ona.uwxn A 24'WATERL INE,HEREIN DESCRIBED AS A'PIPELINE EASEMENT',ACROSS THE .:so. 69352.000'
.0J, uuuu,n x+w REMAINING PORTION OF A CALLED 189.619.ACRETRACT KNOWN AS-TRACT SIRVEY[O 03 nt0
p%, °MMruoCngnnf II,TULE LAKE TRACT'DESCRIBED IN A DEED TO THE PORTOF CORPUS CHRISTI i
3: engineers I architects I sUNOyoto AUTHORUTY AS RECORDED IN VOLUME 2334.PAGE 325,DEED RECORDS,NUECEB SPE
>-1 e1:uw,rot aa6 xe rx au.w COUNTY,TEXAS,AND OUT OF THE'RINCON DEL 050'GRANT.ABSTRACT NO.1.IN 4'
2, o wn°wu.Tafua riasnu.' • NUECESCOUNTY,TEXAS. 4 Qf
LNV
Solutions Today with a
engineers I architects I surveyors Vision for Tomorrow
"EXHIBIT C"
METES AND BOUNDS DESCRIPTION
FOR
24"Waterline A
Approximately 2,843 linear feet for the centerline of a 24"Waterline,herein described as a"Pipeline
Easement",across a called 2,694.93-acre tract and a called 1,945.75-acre tract described in deeds to the
Nueces County Navigation District No.1 as recorded in Volume 192,Page 579 and Volume 719,Page 358,
Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso"Grant,Abstract No. 1,in Nueces
County,Texas,said 2,973 linear feet being more particularly described with bearings based on the Texas
State Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows;
BEGINNING:At a point,X=1,310,116.33,Y=17,190,000.48,on the south line of said 2,694.93-acre
tract, for the most southerly point of the herein described line from which an NGS
Montanelli"5244D"bears N 21°10'55"E 3,066.00 feet;
THENCE: N40°42155"E,across said 2,694.93-acre tract and said 1,945.75-acre tract,at 2,545 feet to
the approximate south right-of-way line ofJoe Fulton Corridor(r.o.w.varies),at 2788 feet
pass a center point of a 24" tee,in all a distance of 2,843.48 feet to the POINT OF
TERMINATION,X m 1,311,971.13,Y- 17,192,155.73,of approximately 2,843 linear
feet for the centerline of a 24"Waterline,more or less.From which an NOS Monument
"52440"bears N 46°42'43"W 1,026.16 feet.Said line being described in accordance with
an actual survey made on the ground and a survey map prepared by LNV,LLC;
24"Waterline B
Approximately 185 linear feel for the centerline of a 24" Waterline, herein described as a"Pipeline
Easement",across a called 2,694.93-acre tract and a called 1,945.75-acre tract described in deeds to the
Nueces County Navigation District No.1 as recorded in Volume 192,Page 579 and Volume 719,Page 358,
Deed Records,Nueces County,Texas,and out of the"Rincon Del Oso"Grant,Abstract No. 1,in Nueces
County,Texas,said 185 linear feet being more particularly described with bearings based on the Texas
Slate Plane Coordinate System of 1983(NAD 83),South Zone(4205),with metes and bounds as follows
BEGINNING: At a point,X= 1,311,934.91, Y= 17,192,113.64, on the northwest line of said 24"
Waterline A,for a center point of a 24"tee,and for the most northerly point of the herein
described line,from which the POINT OF TERMINATION for said 24"Waterline A bears
N 40°42'55"E 55.52 feet;
THENCE: N 51°08'18"W,across said 2,694.93-acre tract,a distance of 17.50 feet to a point for an
exterior corner of the herein described line;
THENCE: S 83°51'42"W,continuing across said 2,694.93-acre tract,a distance of 7.05 feet to a point
for an exterior corner of the herein described line;
THENCE: S 38°51'42"W,continuing across said 2,694.93-acre tract,a distance of 52.50 feet to the
POINT OF TERMINATION,X=1,311,813.41,Y=17,191,998.72,of approximately
185 linear feet for the centerline of a 24"Waterline,more or less.Said line being described
in accordance with an actual survey made on the ground and a survey map prepared by
LNV,LLC;
e:; . T.
/ SERGIO Z. CMALES
;'itrkt 6040,:r '
cs.
SERGIO Z. CANALES SUR'1
REC*SsEREO PROFESSIONAL LuID SURVEYOR
LICENSE NO. 6040
Wage
Prepared by: LNV LLC.
Job No.: 180352.000.2
File: U:\Corptu Chris11180352 Waterline Crossing CC Ship Cbsnnen000\90-SurveytDrurings\Centerline Easements'Legal Dew
Dale: December 114,2021(Revision Date:01.25-2022)
IMPELS Pim No.:10126501
AI REFERENCES: " 11 '
(4n/ URItC.T. DEED RECORDS.NUECES COUNTY.TEXAS
"EXHIBIT D
i0111-441M °AttA.T. OFFICIAL RECORDS,NUKES COUIRY.7EXAS )
NM P.OD. POINT OF OEOINISNO E
P.0.i, POINT OF TElWNLl1S,N }
f w.�`I0 SITE /ACMUMENTATION: �79Jr 1
1',Z .
14 .... 0 CALCULATED PONT. y(?
I tfoA ',-, 46 J�� • FOUNDS/A-IRON ROO,OR As N01ED. 1\ I
St `,\� 81 i�- A NIS MONUMENT 3. '9
Iiii
mu 1 1 I Y•17,192,059.3] 4' f
SS �� }_ ill
^f�t ELEV-8.81
f� -! I(
! LOCATION MAP N.T.S. 1 •
Nw�'JSP 2,813 LINEAR F •
F C O Obi CENTERLFEET RTHE INE OFA //
S N
7/-1.,, ,OS, 24"WATERLINE / /
B X „ Qey / / i ?
t
•
4iy��5�0$ // /
1.
i NUECES COUNTY NAVIGATION DISTRICT No.1 7,, ,,, /
1 (CALLED 2,094.93•ACRES) /I VOL.192,PG.679 �o / / I
D.R.N.C.T. / }
1
by3. 4.S(3N) 11 / // i.
1
i ryh� S 0// / WOMAN PIPELINES
I HOLDINGS, L.P.
} / / (MULTIPLE PIPELINES) i
/ DOC. No. 2016039275 I
i j, M3 / / O.R.N.C.T. y
1J v M1 //
1/
r• / /
1 „30 6' ///
y •og 4 F{�
I =h ry` /// F )
/ / A N
I / / / G i
1 1:" / / E
f / / i
/ / i
/ /
1 NOTES; {
• / / 1. ACCONPANYINO METES NIO BOUNDS DESORPTION HAS I
/ BEEN PREPARED.
j
} T. BASIS OF BEARING OF THIS SURVEY 13 GRID NORTH AS
08BFAVED 0Y OPS.TEXAS COORDNB86]
y P.O.B. OIADe]S SOUnI 2011E 1205, LMH AATE COV887Y87EMEOOF SCALE1
(24'WATERLINEA) FACTOR OF 1.00000126.
X-1710,118.11
I Y-1A PARENDIESIS BR EmilioNON
ICATE CALLED BO AROISTNICE.
7,180,000.68 f
A*0Atq�, 4, DY GRAPHS,Karam ONLY.THIS PROFERIY 11E3 YADIIN
< I HERESY CERTIFY THAT: VY4' FLOOD ZONE A.ZONE B.MD ZONE C.ACCORDTIO TO THE •
1 FLOOD INSURANCE RATE MAP OF NUECES COUNTY,TEXAS. ;
j THIS SURVEY WAS PREPARED BASEO PANEL NO.113194 ONO C.EFFECTNE DATE MARCH 16,1083. ;
1 ON A SURVEY MADE ON THE 6. ORS SURVEY HAS BEEN PREPARWITHTIM
ED OUT E BENEFIT }
GCROUNNDD UNDER}1Y DIRECT of ATITLECOtlMRWEHT. 1
11 THIS 14TH DAY OF DECEMBER, 2021 CHAMPUN PETROLEUM COMPANY t
(REVISION DATE: 01-25-2022) TRACT B )
NI l
(CALLED 15.096-ACRES) j
VOLI 1540. PC. 763
c OF D.R.N.C.T.
SERGIO Z. CANALE 1• 4:). ; .
i c\% 6040�P yf/ A B LNV 3
��� 60' 0 60' 100' •
%i_/'��`� SCALE:1"= 100' l
} 5ERCIO 2. CANALES
I REGISTERED PROFESSIONAL LAND SURVEYOR 1
,,UCENSE 140.6040 PIPELINE EASEMENT
���"I.ec rain rq, SHOWRLI APPROXIMATELY 3,028 LINEAR FEET FOR THE CENTERLINE OF ORALNI BY: RLOI
• A24'WATERLNE.IIEREIN DESCRIBED AS A'PIPELINE EASEMENT.COMPRISED OF )
y ncs.ar",i�e.nm . 000 i
n,e„carau..» APPROXIV.TELY 7A41 L8I&1R FEET REFERRED TO AS'24'WATERLNF.A.AND APPROXMATELY
THE LINEAR FEET REFERRED TO AS'24'WATERUNE D.ACROSS ACALLED 2,681.03ACRE TRACT SURVEYED. 501GT030{
7 In tat wroCmy+a,q ANDA CALLED 1.845.75.ACRE TRACT OESCRIDED IN DEE0310 THE NUECES COUNTY SHEET:
engineers I architect;I surveyors IUWOATION DISTRICT NO.I A6 RECORDED INVOLUME 102.PAGE 678 AND 3
11./4.1.9.4 Sia.. Zi pa
»"i4 41.1, VOLUME 710,PAGE 358,DEED RECORDS.I4UECES COUNTY,TEXAS,AND OUT OF THE'RNCON
4tO1b'rt"'0vrm1.1100 ca. ," DELOSO'GRANT.ABSTRACT/10.1,INIIUECES COUNTY.TEXAS. 1 OF 3 I
.;;i4111
� REERENCES: 11EXHIBIT D,T
D.RILO.T, GEED RECORDS,RECORfS,RECE9 co ry,TTEX18
r 01111.0.T, OFf IgA111ECOR03,tN1ECE9 COUNTY,TEXAS
Uy P.O.B, POpn OF BEGINNING
\ P.O.7. POINT OF TERMINATION ds I
I Allik SITE tp
J10NUMENTATIONi 'y!i i
`1,..,,-.,,,,O`� 0 CALCULATE/31,021T. �� ,
�t \,,..'J'•'\ : fCUN06r0'IRON ROD,OR AST/OYEO. /
�- IlOS MONUMENT
:a•' ry'
MFRS OMB / ,•
`, . IPcr N -� . 1, 1173 1
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I. ACCOMPANY040 METES AND BOUNDS DESCRIPTION RAS BEEN 1
PREPARED.
2. DAMS OF REMIND OF 1103 SURVEY IS ORM NORTH A9 OBSERVED DY '�F: OF ��
CPS,TEXAS COOROINATE SYSTEM OF 103)01ADI3.SOUTH ZONE 1205, A,"..47%STfN
LNTIIACOLIBINED SCALE FAOTOR OF 1.00000329. ��B{� C 4' ' '°*° 1
3. PARENTIESISINDICATE CALLED DEMINGANCLO04 DISTANCE. INV SEfRG10 Z. CANA1LES
4. DY GRAPHIC P10111N0 ONLY.TINTS PROPERTY LES WIDEN FL000 't,;s6040 -ite '
ZONE A.ZONED,AND ZONE C.ACCOROSNO TO TI FE FLOOD 943URANCE 60' 0 60' 100'
RATE MAP OF NUECES COUNTY,TEXAS,PANEL 110.165494 0303 C, �O.• -I 1. / 1
EFFECTIVE DATE:MARCH 16.1065. SCALE:1"= 100'
6. THIS SURVEY HAS MEN PREPARED WIT110UT THE BENEFIT OF A TITLE �%' -
CONMITNEIIT. .....p.,41•1°. �' ,
SERGIO Z. CANALES
PIPELINE EASEMENT UCEN ERNO.PROFESSIONAL LAND SURVEYOR.
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A 24'WATERLINE,II E REIN DESCRIBE/3AG A'PIPEUNE EASEMENT,COMPRISED OF
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��n tua,a M APPROXIMATELY 2.643 UNEAR FEET REFERRED TOAD'24'WATERLINE A'AND APPROXIMATELY ASS HO 141332.000
on Ardure Coop,my 10$LINEAR FEET REFERRED TO AS'24'WAIERUNEEr,ACROSS A CALLED 2,604.93-ACRE TRACT SU(EEYED. 0644'2010
ANDA CALLED 1,045.76-ACRE TRACT DESCRIBED IN DEEDS TO THE NUECES COUNTY SWEET:
engineers I architects I SUIVOyOIS NAVIGATION DISER/GT NO.I AS RECORDED IN VOLUME 102,PAGE MP AND
N,wawatm.swept 0 ry, N-i$' VOLUME 119,PAGE 356,0EEO RECOROS,NUECES COUNTY.TEXAS,AND OUr OF THE'RINCON 2 OF 3
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.; • •'•. 24"WATERLINE B '� NAVIGATION DISTRICT No.1
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/ / / I HEREBY CERTIFY THAT: .
/ // / ON A SURVEY MADE ONE 8PARED ASE0 A
NOTES: GROUND UNDER MY DIRECT
REFERENCES: SUPERVISION.
5. ACCOMPANYING METES AND OODLES D.R.H.O.T. DEED RECORDS.NUNES OOUHTY,TEIUS THIS 14TH DAY OF DECEMBER, 2021 ;
DESCRIPTION HAS SEENPREPARED, 0.616.0.T. OFFICIAL RECORDS,IIUECES COUNTY,TEXAS A.D.
P.O.S. POINT oFBEaINH1Na (REVISION DATE: 01-25-2022)
2. BASIS OP OEAR9t0 OF TOS SURVEY IS GRID P.OT. MINT OF TERMINATION F
NORTH AS OOSE6VED BY OPS, TEXAS
COORDIWITE SYSTEM OF 1093(NAM).SOUTH MONUMENTATION:
ZOIIE4303.watt A COMBINED SCALE FACTOR OP O CALCUMTED POINT. .(fT; OF QC.
1.00000029' • FOUND EIEIRON 1500,OR AS NOTE D. kP. :B1 4.....
3. PARENTHESIS INDICATE CALLED OEAWIIO ■ NGS MONUMENT f77 * O
ANIMAOISTMCE. • 1
4. DY ORAPICC PLOTTING ONLY,1195 PROPERTY SERGIO Z. CANALE
LIES WAT10I F ZCTIE A ZONE B.AND ZONE LINE BEARING DISTANCE % �'� •'
G.ACCOROING TO THE P1000 INSURANCE RATE •
-.y 906040 r f.
MAP OF NUE-CES counrY,TEXAS,PANEL RD. Li N 51.00'18•W 17.50' 0�
/954940303F EFFECTIVE GATE:MARCH I9,108i L2 S83'b1'42'W 7.06'
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0. TIDE!SURVEY HAS SEEN PREPARED VSTHOUi L3 S 35 51'42'W 62.50' - I''
THE BENEFIT OPATITUSMAIIMENT. `�� ....","
SERGIO Z. CA,ALES e
PIPELINE EASEMENT REGISTERED
EISTNPROFTANO ESSIONAL
ESE ORF
L. •.svuou•rm14 SHOWEDAPPROXIMATELY 3.016 LINEAR FRET FOR THE CENTERLINE OF DRAWN BY: Rus.1
•+•+•+••b EUN A24'WATERLINE.HEREIN DESCRIBED ASA'PIPEUNE EASEMENT-,COMP1415e0 OP
--.:.i••r' w APPROXIMATELY 2,643 LINEAR FEET REFERRED TO AS'24•WATERLINE A•ANDAPPROXWATCLY N.: SFO3S7.0005
n,NJw.,,(c.Ivor 193 LINEAR FEET REFERREO TOA3.24'WATERLINE D'.ACROSS A CALLED 2.694.03-ACRE TRACT SUNEYED. 041420704'`
ANOA CALLED 1.945.71 ACRE TRACTDESCRUIEO IN 0E603 TO THE NUECES COUNTY SHEET:
ortglneer3 I arclsltocls 19urveyora NAVIGATION DISTRIGTNO.IASRECOR0EDINVOLUME 102.PAGE*PIANO ,
.N MAW."MINIM 5,d w•" VOLUME719,PAGE 339,DEED RECOROS,NUECES COUNTY,TEXAS,AND OUT Of TIC'111110001 i
oarv.wnnr•r"9M0/1A>•m< ,xp,�N>,• OEL DSO•GRAN T.ABSTRACT NO.1.01 NUECES COUNTY,TEXAS. 3 OF 3;
Exhibit"E"
INSURANCE REQUIREMENTS
Without limiting the indemnity obligations or liabilities of Grantee or its insurers,provided
herein,Grantee agrees to procure and maintain at its sole expense during the term of the contract the
following policies of insurance(sometimes collectively referred to in this exhibit as the"Policies")
and in at least the minimum amounts specified below:
TYPE OF INSURANCE LIMITS OF LIABILITY
A. Workers'Compensation Statutory
In the event that the work of Grantee's employees falls within the purview of the •
United States Longshore and Harbor Workers Coverage,the Jones Act or the Federal
Employer's Liability Act, Grantee shall extend its insurance coverage to provide
insurance against the liabilities imposed under the applicable Act or Acts.
B. Employer's Liability $1,000,000 per Occurrence
$1,000,000 Aggregate
C. Commercial General Liability $3,000,000 per Occurrence
$5,000,000 Aggregate
The CGL Policy will provide contractual liability coverage at the aforementioned
limits.
D. Business Automobile Liability $1,000,000 per Occurrence
Automobile liability insurance coverage will include all owned, non-owned, and
hired vehicles.
E. Umbrella Liability $5,000,000 per Occurrence
Umbrella liability coverage will apply to Employer's Liability,Commercial General
Liability,and Business Automobile Liability.
F. Pollution Liability $2,000,000 per Occurrence
Sudden and Accidental Pollution liability insurance covering bodily injury,
property damage,environmental cleanup,remediation,disposal,and other losses
caused by pollution conditions occurring during the term of this Contract.
If Grantee's Commercial General Liability and Umbrella policies contain a
deletion of the pollution coverage exclusion,then this policy is not required.
336773v6 15 City of Corpus Christi Water Pipeline Relocation Easement(2022)
•
G. Railroad Protective Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
If Commercial General Liability and Umbrella policies contain a deletion of the
railroad coverage exclusion,then this policy is not required.
H. Protection&Indemnity(P&I) $3,000,000 per Occurrence
Should any of the work require marine operations,the Grantee shall provide
Protection&Indemnity insurance with respect to bodily injury and/or property
damage arising from marine operations.
Grantee's liability shall not be limited to the specified amounts of insurance required
herein.Each policy must contain an endorsement to the effect that the issuer waives any claim
or right of subrogation to recover against the Authority,its Port Commissioners,officers and
employees("Authority Parties"). Grantee agrees that all insurance policies required herein •
shall include full Waivers of Subrogation in favor of the Authority. Grantee agrees to
immediately provide to each insurance company,which has issued to it,policies of insurance
applicable to provisions of this Contract,written notice of the terms of the waiver set forth in
this Exhibit,and to have said insurance policies properly endorsed,if necessary,to prevent the
invalidation of said insurance coverage by reason of said waiver;and Grantee will provide to
Authority a copy of said endorsement or endorsement or evidence that such endorsement is
not necessary to prevent the invalidation of the insurance coverage by reason of such waiver.
Additionally,the Authority Parties shall be designated as an Additional Insured either by a
blanket additional insured or a specific endorsement on all policies, except for Worker's
Compensation and Employer's Liability.Each policy,except Workers' Compensation must
contain an endorsement that the policy is primary to any other insurance available to the
Additional Insureds with respect to claims arising under this Contract.
Prior to the execution of this contract and prior to the expiration date of each of the Policies,
Grantee or its insurance producer/broker, shall provide Certificates of Insurance (COI) of the
minimum insurance required in this Exhibit. The minimum insurance required may be increased
periodically upon request by Authority to commercially reasonable limits. The company writing
each of the Policies must possess a current rating with A.M.Best Company of at least
"A-,VII".
If Grantee elects to self-insure or to maintain insurance required herein subject to deductibles
and/or retentions, Authority and Grantee shall maintain all rights and obligations between
themselves as if Grantee maintained the insurance with a commercial insurer including any
additional insured status,primary liability,waivers of rights of recovery/subrogation,other insurance
clauses,and any other extensions of coverage required herein.Prior to the execution of this contract,
and annually thereafter, Grantee shall provide evidence of self-insured status by issuing a self-
insured
elfinsured letter on company letterhead and endorsed by an executive officer of the company.Grantee
. shall pay from its assets the costs, expenses, damages, claims, losses and liabilities, including
336773v6 16 City of Corpus Christi Woter Pipclino Relocation Easement(2022)
reasonable attorney's fees and necessary litigation expenses at least to the extent that an insurance
company would have been obligated to pay those amounts if Grantee had maintained the insurance
pursuant to this Section,
Without limiting any of the other obligations or liabilities of Grantee,Grantee shall require
each contractodsubcontractor performing work under the Agreement at contractor's/subcontractor's
own expense,to have in place at all times,the same stipulated minimum insurance as shown herein.
As an alternative,Grantee may include its contractors/subcontractors as additional insureds on its
own coverage as prescribed under these requirements. Grantee's certificate of insurance shall note
in such event that Contractors/Subcontractors are included as additional insureds and that Engineer
agrees to provide workers' compensation for subcontractors and their employees. Grantee shall
obtain and monitor the certificates of insurance from each contractors/subcontractor in order to
assure compliance with the insurance requirements. Grantee must retain the certificates of insurance
for the duration of the Agreement plus five(5)years and shall have the responsibility of enforcing
these insurance requirements among its contractors/subcontractors.Authority shall be entitled,upon
request and without expense,to receive copies of these certificates.
is
336773v6 17 City of Corpus Christi Water Pipeline Relocation Easement(2022)
Execution Version
EXHIBIT B
Scope of Work
SHIP CHANNEL CROSSING—WATER PIPELINE RELOCATION
As a result of the Channel Improvement Project, the U.S. Army Corps of Engineers (USACE)
identified all pipelines and utilities that are in conflict with the USACE dredging plans. The City
owns two 16"potable water pipelines at Avery Point that have been determined to be in conflict
and will be relocated as part of this project. There are two separate phases to this relocation.
Phase I will be the removal of the two 16"pipelines at-Avery Point. This includes marine removal
of the pipelines in the Corpus Christi Ship Channel between the two bulkheads or shorelines on
the north and south sides of the channel,which is approximately 1000 feet,and the land removal
of the pipeline on the north and south sides of the channel to the nearest valve. The pipeline and
any associated equipment will be fully removed and properly disposed of and the land area will be
restored to its original condition. The valves for the two water lines will remain in place to
potentially serve the Authority. Phase I of the relocation is expected to be complete in November
2023.
Phase II will be the installation of a 24" pipeline at the Tule Lake Turning Basin ("Pipeline
Facilities"). The City has contracted with LNV Engineering for design services, is working to
obtain required permits and easements and will contract for construction of the pipeline. A steel
pipeline will be installed by directional drilling 175 feet below Mean Lower Low Water(MLLW).
Phase II of the relocation is expected to be complete in March 31,2025.
352607
Execution Version
EXHIBIT C
Estimated Cost
SHIP CHANNEL CROSSING—WATER PIPELINE RELOCATION
Total Estimated Cost of Relocation=$14,235,445.90
Phase I Removal Cost=$2,669,813.00
USACE Permitting, Survey,Preliminary Engineering $115,500.00
Line Clearing,Cleaning,Prepare for Removal $72,950.00
Construction—Removal of Two Pipelines $2,368,178.06
Prepare As-builts,Final Documentation Preparation $19,050.00
Project Management and Inspection Costs $94,134.94
Phase II Installation Cost=$11,565,632.90
USACE Permitting and Land Acquisition $50,000.00
Engineering Fees $605,846.00
Construction—Installation of One Pipeline $9,909,786.90
Project Management and Inspection Costs $940,000.00
Construction Materials Testing $60,000.00
352607