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Home My WebLink AboutC2005-715 - 12/20/2005 - Approved - 1'.\0 ~\\...t:. \'" EASEMENT AGREEMENT FOR ROADWAY L 5~)~ H.~." () :.l~ ~~'[) THE STATE OF TEXAS I COUNTY OF SAN PATRICIO I THAT KOCH PIPELINE COMPANY, L.P., acting herein by and through its general partner and that general partner's duly authorized officer. as the current record title owner of the underlying fee simple estate to the easement property hereinafter described (hereinafter referred to as "GRANTOR"). joined herein by the SAN PATRICIO MUNICIPAL WATER DISTRICT. to the extent of its interest in and to the easement property as hereinafter described, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) CASH, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto the CITY OF CORPUS CHRISTI, a Texas municipal corporation. whose mailing address is P.O. Box 9277 Corpus Christi. Texas 78469-9277 (hereinafter referred to as "GRANTEE"), subject to the lerrns herein, a non-exclUSive private roadway access easement upon the surface estate (mly of a certain sixty foot (6()') wide tract of land in San Patricio County, Texas, and being described as follows: PROPERTY DESCRIPTION IS CONTAINED ON EXHIBIT "A" ATTACHED HERETO, MADE A PART HEREOF AND INCORPORATED BY REFERENCE HEREIN (hereinafter referred to as "EASEMENT PROPERTY"); together with free ingress and egress to pass and re-pass by foot and with all types of vehicles as is necessary or convenient for GRANTEE, and its employees, agents and contractors for use by GRANTEE in the mamtenance of its ongoing pipe line project known as the RINCON BAYOU DIVERSION PROJECT (hereinafter referred to as the "RINCON PROJECT), which project is 111 proximity to the EASEMENT PROPERTY. The easement granted hereby shall be subject to, and subordinate to, that one (1) certain Easement dated August 1. 1963, executed by LEO J. WELDER ET AL to SAN PATRICIO MUNICIPAL WATER DISTRICT (hereinafter referred to as "ORIGINAL EASEMENT GRANTEE"), recorded in Volume 293. Page 499 et seq., Deed Records of San Patricio County, Texas. a copy of' whlch is attached hereto (hereinafter referred to as "EXISTING EASEMENT"). The easement granted herein is for roadway purposes only. It is understood and agreed that this agreement is an easement only to give access to GRANTEE for the maintenance of the RINCON PROJECT. and in no way grants or conveys any part of the underlying fee simple estate and mineral mterest in lands owned by GRANTOR. For so long as there is an eXisting road located within the EASEMENT PROPERTY, GRANTEE shall utilize ...uch existing road for purposes of ingress and egress to the RINCON PROJECT through the EASEMENT PROPERTY. 2005-715 12/20/05 Res026578 Koch Pipeline Company 552260 This access easement and use of the road shall not be for public use and shall not be a publ1c road. No use by the public is authorized herein. This easement shall be solely for the use by GRA~TEE'S employees. agents and contractors to provide ingress and egress to the RINCON PROJECT GRANTEE shall at all times use reasonable efforts to minimize damage to the surface and natural values of the EASEMENT PROPERTY and all surrounding property. The EASEMENT PROPERTY shall be maintained in a neat and clean condition, and the road shall be mamtamed in good grade and passable condition. While the EXISTING EASEMENT is in effect, Improvement and maintenance of the EASEMENT PROPERTY (including the existing road) shall be done in conjunction with the ORIGINAL EASEMENT GRANTEE and at the ~ole expense of GRANTEE and the ORIGINAl, EASEMENT GRANTEE, and shall be mbject to the requirements of the EXISTING EASEMENT. GRANTEE shall have no power or authOrity to relocate the eXisting road to another portion of the EASEMENT PROPERTY \\/ithout the express written approval of GRANTOR and, if the EXISTING EASEMENT is still then in effect. also with tht' written approval of the ORIGINAL EASEMENT GRANTEE. No vehicle. agent or employee of GRANTEE shall carry any kind of firearms onto the EASEMENT PROPERTY or any of GRANTOR'S property or hunt or shoot any firearm on ~aid lands. There shall be no fishing or hunting on GRANTOR'S property, including the EASEMENT PROPERTY. by any agent, contractor or employee of GRANTEE. Further, no ..;wrage of equipment 01 vehicles or other materials are allowed on the EASEMENT PROPERTY. GRANTEE shall be liable for any and all damages caused by any failure by it to comply with the provisions of this agreement. including without limitation, any and all damages caused to other lands. GRANTEE shall be fully liable and responsible for any and all acts and omissions of its agents and contractors and of persons either directly or indirectly employed by such agents and contractor..;. If GRANTEE (or any of its employees. agents or contractors) fails to perform or comply with any of the provisions of this agreement and does not correct the failure within 15 days following notice from GRANTOR to GRANTEE, then GRANTOR may terminate this easement with written notice W GRANTEE and GRANTEE shall immediately vacate the EASEMENT PROPERTY. GRANTOR may recover from the GRANTEE any damages resulting from the default. The easement is subject to any and all presently eXlstmg covenants, restnctIons, casement'-.. reservations. rights. rights-of-way, liens. other encumbrances and interests, and all matters of record. GRANTOR reserves for GRANTOR and GRANTOR'S heirs, successors, assigns (including any conservation easement holder on GRANTOR'S property), the right to continue to use and enjoy the surface of the EASEMENT PROPERTY for all purposes that do not interfere with or interrupt the use or enjoyment of this easement or the EXISTING 1 _,\ t;. ~o ,\~y 552260 EASEMENT for the re"pectlve easement purposes. By the signatures of GRANTEE and ORIGINAL EASF:MENT GRANTEE below. GRANTEE and ORIGINAL EASEMENT GRANTEE hereby expressly acknowledge such reserved rights of GRANTOR. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenance thereto in anywise belonging as a covenant running with the land affected thereby unto GRANTEE. its successors and assigns, until the total and permanent abandonment of the use of the respective easements for the purposes stated herein and as stated 1I1 the EXISTING EASEMENT. and upon such total and permanent abandonment for a period of more than one ( I ) year by either GRANTEE or the ORIGINAL EASEMENT GRANTEE, then such abandoning party's casement shall terminate. GRANTOR does hereby bind itself, its "uccessors and assigns to WARRANT AND FOREVER DEFEND all and singular the said easement unto GRANTEE, its successors. assigns and legal representatives against every person whomsoever lawfully claiming or to claim the same. or any part thereof. This Easement Agreement shall be binding upon GRANTOR and GRANTEE, subject to the rights heretofore granted to the ORIGINAL EASEMENT GRANTEE in the EXISTING EASEMENT, and shall inure to the benefit of their respective successors, assigns and legal representatives. Provided however, that GRANTEE shall not transfer or assign this easement without the express written consent of GRANTOR. As aforesaid, the SAN PATRICIO MUNICIPAL WATER DISTRICT (ORIGINAL EASEM}~NT GRANTEE), joins in the execution of this Easement Agreement to the extent of Its mtcrest in and to the EASEMENT PROPERTY. and to evidence its approval and acceptance of the easement granted herein and of all terms, covenants and conditions hereof. DATED this the r1 day of_lkci l'1'\t?LV 2005. GRANTOR: KOCH PIPELINE COMPANY, L.P. by: Koch Pip~line Company, ~~its general partner BY: .~t1>t'tC~~1.~ ROBERT O'HAIR, President ~f.. P 3 '^\TTESJ .,' r;Y'0-v 't~~ J " ..- BY: v' '_. .,....L. c/ ARMANDO CHAPA, City Secretary Date: I /~, c -..-..---t-....- . -------------- --- ~-- _.~...- LEGAL FORM APPROVED: BY /~./f-o Print Name: ,J,.l-4L. i1~f"~ Title1>&ty Attome> Date: /1"ljt/e?J -- I f -----..~ Attest: ~k(t",. _ \ ~\.~n.\ L 5522t-iO GRANTEE: CITY OF CORPUS CHRISTI BY.~~~~ ~GEORGE K. NOE, City Manager ') 1(~O)~~Slt .AUI*,~I..~ " OII*IL 1 'i -u{V) J......T"'q. Prt:- ./ ~ctnllV (yt.../ AGREED TO AND ACCEPTED BY ORIGINAL EASEMENT GRANTEE: SAN PATRICIO MUNCIPAL WATER DISTRICT BY:~ Name: e>\LL\E JO -n;:=Ut-JJl..-l- Title: eyUs IDEtJl ~ r:\~ NO 552260 mE ST ATEOF R;(l <> ~ COUNTY OF -DI.l C {l J ~ BEFORE ME. the undersigned authority, on this day personally appeared Robert O'Hair, President of KOCH PIPELINE COMPANY, LLC, general partner of KOCH PIPELINE COMPANY, L.P., known to me to be the person whose name is subscribed to the foregoing mstrumenl. and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. r:-o ,GI\;F;N UNDER MY HAND AND SEAL OF OFFICE, this theZc'Zay of l-!.Lt n\W,2005. ~,~\\\II"I//I'",I. :\"'~,t>.CEY tc4. :l/~ ~ ~ ........ 1tI~ ~ ~ ...~i~RY PUb,o.'1- ~ ~ .. ~*~/-o. ~ ~ l ~.... ~ - . -.. :: :: . , - - . . = : ~ (j) : ~ ~ e. ~^' ~:.::- , ~ :~OF~~~ ~ ~ ~ . ~ l\... . ~ ~ ..'o-rPJRES .0. ~ ~ J.. ........ ~....... :11111 11.2010 ",,'i!. """/fIIl"\\"~ Notary Pu c, County, !viAl CR.,?i 5 t\L\::.. NO 5522~)O THE STATE OF TEXAS ~ COUNTY OF NUECES ~ Kc.V\a Id F [y\a ~~'L\I Pr ~~tC. t, lY\u Y\<<fje.y THIS INSTRUMENT \\:'A5 ACKNOWLEDGED before me on the3~ day of , !(}J"UJ...D.j~ . 20~ by ~6RGC K. NOD, City Manager of the CITY OF CORPUS CHRISTI. a Texas municipal corporation. on behalf of said corporation. ~ ~OO;~~~ ROSALINDA S CORTEZ . *:. Notary Public . ~J.. J STATE OF TEXAS ~~ My Comm. Exp. 11-24-2008 6 '"'.t~O , to \ \.\\. . THE STATE OF TEXAS COUNT't' OF SAN PA TRICI() s :; * 5c *"t' >~. O. . ..l~,.c,.,'O tit . '.' THIS lNSTRUi\....IENT WAS ACKNOWLE. DGED b)!?re me on. the fe_. d. ay , ot .Jj()..,",lA..u~..4'"uf _. ,20~,by~ LL1L-~Q te.(V\~ (l of the SAN PATRICIO MUNICPAL WATER DISTRICT, a conservation and reclamation district. on its behalf. . i .~1.-t('~-~ ~~~ ^JJ-t..t I Notary Public, sf ATE OF TEXAS 7 5~)22t-)O EXHIB IT ">\.. ~\\..E NO >\ll that certain tract. piece or parcel of land situated tn the Victoriano Tares and Pedro Villarreal Survey, Abstract 32, San Patncio County, Texas, and along a route with the following center Ime, to-Wit BEGINNING at a point on the North property line of a 2.7 acre tract in San Patricia County, Texas, SaId 2.7 acres being described in deed of even date herewith from grantor to grantee. Said point of heginning being North X6 degrees 42' 25" East, 37.87' from a 5/8" iron rod at the Northwest property comer of said 2.7 acre tracL and S. 64 deg. 25' 27" W. 326.64' from a drill hole etched in the top of the West end of a concrete dam across the Nueces River; THENCE N. 25 deg. 4 T 35" W., a distance of 5113.4 7' for an angle to the right; THENCE N. 34 deg. 13' 10" E" a distance of 741.()' to a fence for the end of this description. End of thiS description bemg S. 27 deg. 24' 1 r W.. 1104.09' from a concrete monument at the mtersection of the most Southwesterly property line of the James F. Welder tract and the West R.O.W line of State Highway No. <.) as described in Volume 215, Page 373, of the Deed Records of San Patricia County. Texas. Being the "ame property as that property described in Easement dated August I. 1963, from Leo J. Welder Et Al to San Patrick Municipal Water District, recorded in Volume 2<.)3, Pages 499-506, Deed Records of San Patricio County. Texa", reference to which is here made for all pertinent purposes. r:- C 1.->#)l..'0 .J. )-,(..0 C104tA ~-9t"{) L:'lo;::HO " ),"""....... City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 FILED FOR RECORD at i I . W) o'clock --A--.--_ M JAN - 9 2006 Lina Castillo x