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Home My WebLink AboutC2005-094 - 1/18/2005 - NAUTILITY EASEMENT Doe# ORi$1NAL THE STATE OF TEXAS § COUNTY OF NUECES § KNOW AL1, MEN BY THESE PRESENTS THAT: Port of Corpus Christi Authority of Nueces County, Texas, acting herein by and through its Porl Commissioners hereunto duly authorized (hereinafter called "Authority") for and in consider- ation good and valuable considerations, 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 City of Corpus Christi, P. O. Box 9277, Corpus Christi, Texas 78469-9277, a Texas Home Rule municipal corporation, its successors and legal representatives (hereinafter called "Grantee"), a right-of-way and easement on and through the Authority's land located in Nueces County, Texas, together with a temporary construction easement, both for storm water drainage improvements. Said temporary construction easement will expire upon construction and acceptance of the initial storm water drainage improvements. The easement hereby granted is depicted on Exhibit A, which is attached hereto and incorporated herein by reference for all purposes. In the event construction is not commenced within one year from the date hereof, this easement will terminate, unless the period for commencement of construction is extended beyond one year by Authority. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the rights and privileges hereby conveyed for so long as the easement granted is used for storm water drainage improvements, 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. This right-of-way and easement is granted subject to the following: A. Fee. Grantee will pay to the Authority a fee in the amount of three thousand four hundred eighteen and 90/100 Dollars ($ 3,418.90). B. Access. The rights of ingress and egress hereinabove referred to in Grantee shall be confined to the above-described easement and Grantee shall not have the right to cross Authority's adjacent land, store materials or equipment thereon or to conduct any of its operations thereon, unless the prior consent of the Authority is obtained in writing, which consent will not be unreasonably withheld. Except in the case of an emergency, Grantee agrees to notify the Authority not less than seventy-two (72) hours prior to its employees, agents or contractors entering upon the casement for construction, maintenance, repairs or other operations. 2005-094 01/18/05 Port of CC Authority C. Construction, Maintenance and Use. Grantee shall construct and maintain the said storm water drainage improvements in a good and workdnanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same. Grantee's use of the easement herein granted and its operations in relation to it shall at all times comply with all applicable laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the storm water drainage improvements or any modification thereof an as-built drawing of the location of the improvements and any modification. Grantee shall be responsible for coordination of its construction and use in the easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the right-of-way damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense. D. Reservations and Exceptions. ~lYne easement herein granted shall be subject to any and all easements heretofore granted by Authority to other parties whether of record in Nueces County or not. The Authority reserves the right to grant easements upon, over, under and across the property embraced by the easement herein granted and to grant rights of use, leases and easements above, below and on the surface of such property. F. Indemnity. To the extent allowed by Texas law, Grantee hereby releases and discharges Authority from liability for, and assumes the risk of loss or damage to, the property of the Grantee, and the personal injury or death of any person employed by the Grantee, and agrees, to defend, indemnify, reimburse and hold harmless Authority, its agents, servants, employees and Port Commissioners, from all claims, causes of action, demands, damages and liabilities of any kind or character including, but not limited to, claims, causes of action, demands, damages and liabilities in any matter resulting from, arising out of or caused, in whole or in part, by Grantee's fault of any kind , including but not limited to willful misconduct, negligence, gross negligence, deliberate acts, strict liability in tort, breach of warranty, express or implied, or breach of any term or condition of the Authority's tariff, as amended, including that caused by any of the activities of Grantee's agents, contractors, employees, invitees or licensees directly or indirectly related to use of the easement granted by the Grantee, and Grantee agrees to protect, defend, indemnify and hold harmless Authority, its agents, servants, employees and Port Commissioners, from all claims, demand, causes of action, damages and liabilities arising [rom the negligence or strict liability in tort of Authority, its agents, servants, employees or Port Commissioners, provided, however, Grantee shall be entitled to a credit against such indemnity obligation to the extent, but only to the extent, that such claim, cause of action, demand, loss or liability is caused by the negligence of the Authority, its agents, contractors, employees, invitees or licensees, it being intended that the Grantee will indemnify Authority for the Grantee's proportionate fault, including but not limited to negligence and/or strict liability in tort, which causes such damages. Should the Grantee fail or rel'use after written notice to participate in the settlement of a claim for damages, then Authority may settle with the claimant without prejudice to Authority's indemniW rights set forth herein, it being agreed that a settlement after notice to the Grantee will constitute a settlement of the proportionate fault, including but not limited to negligence and/or strict liability in tort, of both the Grantee and Authority, which settlement may later be apportioned between Authority and the Grantee. Except as otherwise expressly limited herein, it is the intent of the parties hereto that all indemnity obligations and liabilities assumed under the terms of this easement be without monetary limit and without regard to the cause or causes thereof. The indemnity contained in this paragraph applies, without limitation, to any violation of any applicable environmental law in effect during the term of this easement, including any extension, and any and all matters arising out of any act, omission, event or circumstance existing or occurring during the term of this easement, including any extensions, regardless of whether the act, omission, event or circumstance constituted a violation of any applicable environmental law at the time of its existence or occurrence. G. Assignment. The rights herein granted may not be assigned without the prior written consent of the Authority, which consent will not be unreasonably withheld. This easement shall be deemed a covenant nmning with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. Assignment shall not relieve Grantee from hability for the performance of the covenants and indemnities hereofi H Termination. This easement and all rights to use and occupy the easement shall terminate if Grantee shall at any time abandon the use of the same for the purposes heroin granted for a continuous period of two (2) years; and such termination will occur upon the expiration of the said two (2) year period. This easement 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 written notice from the Authority so to do. Grantee agrees it will within ninety (90) days after the termination of this easement remove all storm water drainage improvements existing in the easement and restore Authority's lands to the condition in which same existed prior to the existence of the storm water drainage improvements. In the event Grantee fails to remove the said storm water drainage improvements, the Authority may either declare the termination of Grantee's interest in any such storm water drainage improvements and all of Grantee's interest therein shall thereupon terminate, or the Authority may cause said storm water drainage improvements or m~y part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of Grantee The execution of this easement 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. (iLy ~*1 CC UtiliLy Outlh/I I ascmcnt AgTeenlen[ ( 12/27 20{N 15511 ) 3 WITNESS this 11 th day of January 2005 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, ~y~ By: John P LaRJ/'t/ll(J-'"ldl Executive Director "Authority" CITY OF CORPUS CHRISTI Name:: 'Angel R. Escobar, P.E. Title: Director of Engineering Services "Grantee" STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on the 11 th day of January 2005, by JOHN P. LaRUE, Executive Director of Port of Corpus Christi Authority of Nueces County, Texas, on behalf of the Port My commission expires: STATE OF TEXAS § COUNTY OF NUECES § r.,-, This inst~ment was acknowledged beforq me on t~e~/~ay o~, 2005, by lt~ City of Corpus Christi, a Texas Home Rule munio~~on, on ~alf of said City. EUS~$O C~RZa,,I NOTARY PUBLIC, TEXAS MY COM~IS SION EXP~ES Fe~x~ry 14, 2~05 My commission expires: ('it3~ .ICC Utility Outlhll [ ascn~cnl ,kg~ccmem ( 12 27 2004 [5:()[ ) 5 C]~ L_L i -/+ Filed I I~*'o~t~l in Official RKo~IJ of Fm and un~tOrceable under FEDERAL LAW, City of Corpus Christi ~_~ P.O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277