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HomeMy WebLinkAboutC2006-280 - 6/12/2006 - NA Do c# 2006030146.JIC N00216 ALL CORRESPONDENCE IN CONNECTION WITH THIS CONTRACT SHOULD iNCLUDE REFERENCE TO N62467-05-RP-OO 191 WATER TRANSMISSION MAIN EASEMENT O'~ \A THIS GRANT OF EASEMENT, made as of the \ day of ~~ , 2006, between the UNITED STATES OF AMERICA, herein called the Governmen\' acting by and through the Department of the Navy, and the City of Corpus Christi, TX, herein called the Grantee: WITNESSETH THAT: WHEREAS, the Government owns that certain real property identified as the Naval Air Station, Corpus Christi. TX, herein called the Station; and WHEREAS, the Grantee has requested an easement for construction, installation, use, operation. maintenance, repair and replacement of a 15' wide utility easement for a 42" water transmission main. such easement being through, over, across and under a portion of the Station; and WHEREAS, the Secretary of the Navy has found that the grant of such easement on the tenus and conditions hereinafter stated IS not incompatible with the public interest; NOW THEREFORE, this grant of easement witnesseth that, in consideration of One Thousand ($1000.00) dollars, receipt of which is acknowledged, and benefits the Government will receive, the Government hereby grants to said Grantee and its successors and assigns, for a period of tifty (50) years trom the date hereof, an easement for use, operation, maintenance, repair and replacement of a 15' utility easement for a 42" water transmission main over, across and under that portion of the Station, hereinafter called the Easement, described and shown on Exhibits "A" and "8", attached hereto and made a part hereof.. In addition, Government grants a 50' wide temporary construction easement and a I O'wide temporary construction easement (both temporary easements not to exceed a period of one year) located as shown in Exhibit "B" for the purpose of accessing the 1 ~' utility easement during the initial construction phase of the water transmisswn mam. THIS EASEMENT is granted subject to the following terms and conditions: . All work m connection with the Easement for use, operation, maintenance, repair and replacement of the water transmission main shall be done without additional cost or expense to the Government, and in accordance with plans that shall be approved by the Commander, Southern DIvision, Naval Facilities Engineering Command, hereinafter referred to as the Commander. Grantee covenants and agrees to maintain the water transmission main, equipment and systems located on the Easement in good, safe operating condition. Grantee shall repair at Grantee's cost all damage to the Station and any improvements thereon caused by Grantee's construction, mamtenance repair and operation of such water transmission main, equipment and '1t. Grantee. on behalf of itself; its agents, representatives, contractors, 2006-280 Oh! 12/06 lIS,\ successor~ and assIgns. agrees at its own expense to comply with all applicable laws, codes and regulations relating to such utility lines. water transmission main equipment and systems. 2. The Grantee shall maintain the Easement, and the water transmission main, in good condition at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the conditIOn of the Easement and the continued operation and maintenance of the water transmissIOn mam for all of the above. 3. If (irantee shall at any time abandon or remove from service any portion of the existing water transmission main or equipment, it shall take such measures as may be needed to cap or terminate any abandoned or discontinued underground lines and equipment and to remove any aboveground lines and equipment at no cost to Government, its successors and assigns and in compliance with applicable laws, codes and regulations related to the abandonment or removal. 4. Upon the request of Government, its successors and assigns, Grantee will identify for Government, its successors and assigns the location on site of any utilities which are located underground in the vicinity of any proposed development or construction activity. In no event shall Government its successors and aSSIgns be liable for any damage to any lines or equipment whose location has not been accurately established on the site by Grantee, nor for any disruption or cessation of utiEty servlce resulting from construction or development in areas where Grantee has failed to accurately establish the location of its water transmission main or equipment. S. All work shall cease and the Public Works Officer at Naval Air Station Corpus Christi. TX shall be notified if any buried debris or potentially hazardous material is encountered during any excavation pertormed in conjunction with the maintenance, repair, or replacement of the utility system. 6. GRANTEE shall comply with all applicable Federal, state and local laws regarding environmental protection requirements. '. GOVERNMENT's rights specifically include the right for Government officials to mspect upon reasonable notice Easement for compliance with environmental, safety, and occupational health laws and regulations. whether or not Government is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement officials to make such mspections. GRANTEE shall have no claim on account of any entries against the Umted States or any officer. agent, employee, contractor or subcontractor thereof. 8. Storage, treatment or disposal of toxic hazardous materials on the Easement is prohibited except as authorized by Government in accordance with 10 V.S.C. Section 2692. 9. The Grantee's nghts hereunder shall be subject to such reasonable rules and rejUlations as may be prescribed by the Government to assure that the exercise of such rights will not interfere with Government activities at the Station. 10 Grantee shall indemnifY and hold harmless Government from any costs, expenses, liabilities, fInes, or penalties resulting from discharges, emissions, spills, storage, disposal, arising trom Grantee's construction, occupancy, use or operation, or any other action by the Grantee gl ving rise to Go\ernment liability, civil or criminal, or responsibility under Federal, state, or local environmental laws. This provision shall survive the expiration or termination of the Easement. and Grantee's obligations hereunder shall apply whenever Government incurs costs or lIabilities for Grantee's actions. [f at any future time, the Government determines that the water transmission main or any portion thereof unduly interferes with any of its activities, it shall have the right to terminate this Easement in whole or in part. to the extent necessary to eliminate such interference; paOVIDED that, unless the Government shall have determined that relocation is not feasible, it shall convey to the Grantee, without charge, a substitute easement permitting the Grantee to relocate the water transmission main or portion thereot~ on adjacent Government property, at the Grantee's cost and expense. The substitute easement shall contain the same terms and conditions as those ofthis Easement and shall bear the same expiration date. :2 Allor part ofrhis Easement may be terminated upon failure by the Grantee to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon no use of such rights for a period of two consecutive years. 1:; The Government may use or allow other parties to use the Easement by giving written notIce to Grantee, provided such use does not umeasonably interfere with the use and enjoyment of the rights gi ven by this Easement and the safety and integrity of Grantee's water transmiSSIOn mam 14. Grantee shall mdemnitYand hold harmless the Government for any fines, suits, actions, damages !lability and cause of action arising or growing out of, or in any manner connected with, the occupation or use of the Easement by Grantee; and the employees, agents, servants, guests, invitees, contractors of Grantee, however, this indemnification shall not extend to matters for which the Government IS found to be liable under the Federal Torts Claim Act. ,.,.." IN WIT~ESS WHEREOF, the Government, acting by and through the Department of the Navy. has caused this:nstrument to he executed the day and year first above written. WITNFSS ~~j~\,~ ' ~'" , --'='':::~~~'- --- UNITED STATES OF AMERICA \ (" \~~. \ 4 STEP EN"P. CAMPBE Head, Real Estate Operations !..k."='~" (."-,,V' ." -, -' . STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON PcrsonalZv appeared before me \')" \1,\(:... \_- (____.Ct If',9 \ who. being du~v sworn, savs that __ ' e,\\ 'f-'. ' saw the within named ~~\(..*,. "" L C_.-"-3y~")\.,.... \ \ ___. sign and seal the foregoing easement in behalf of the United States o..fAmerica, ~nd thal_____ :,.., '" t . ~ with \-' ~~"'~>.\n~ It'. S~ n witnessed the execution thereof. /~ G'-~G,- 1_) .~, --,r'~ '---- . "'i-.rL. S\,'orn to before}!!c", this ___ -...i __ day of 2006, 0 ~k\'.. (\ ,k\u,>W"'-- __.___. ___, Notary Publiclor the State 0 South Carolina. '7\Jikl) J./l-v ' MY COMMISSION EXPIRES I /1) -- z.. J! () .. "1', ..<':''Q n "'{';;, .....~..~..,.... "v" .Z'-'~>~'1c;Wl:'$ ;,;.,.,..,.., l ~ .~ .' ~ . '1';- ',"- : ,. Ca.. : .F,';l ';' ,0 ~. > !~ ~ (rj ~... r2 i.,~_ :;): i -F' :'. ~ .~4 ~. ~~" ,'~.: c. i ,,-::: ~', -:'''':? ',' ',"", : :>.. ::: ,r,.';:. <()'o,6.) .' f':~'.' t'r.;' -;... ,\'. t~ft . s:.... ' ,f..... ,,' / //"l'\.,,,.... c' " ~"'I/,;",. ''''''l'';~~~''~''/ ACCEPTED for the City ufCorpus Christi, a municipal corporation and body politic under the laws of the State of Texas. on tl t/ Ur'__ _____ J.2... . 2006. / Grantee l 'fTY OF CORPUS CHRISTL TEXAS p, O. Box 9277 City Hall. 1201 Leopard, THIRD FLOOR Department of Engineering Services PR< >PERTY AND LAND ACQUISITION DIVISION Corpus Christi. Texas 78469-9277 , n el R. Escobar, P.E., Director [) artment of the Engineering Services APPROVED AS TO LEGAL FORM, THIS I' \,\ /, . A.. DAY OF 44Lt...- ,2006 FOR THE CITY ATTORNEY By: _ '\ t \tLLl C L' ({t:l"'1 Ve'ronica Ocanas, Assistant City Attorney mE STATE OF TEXAS COUNTY OF NtJECES .; \ .; '.; /. ,2006 by s of the City of Corpus Christi, a Texas ~ e EUEBIO GARZA, III MY ccatMlSSION EXPIRES FIINuary 14, 2009 [Seal] >......-- [II U..AN ENGINEERING Job No. 33760.A2.05 January 3], 2005 Revised: March 21, 2005 361 )8543 P) BOX 635b . CORPUS CH:?ISTI, TEXAS 78466-6355 FAX (361 )854-600 1 EXHIBIT A TRACT 525 STATE OF TEXAS COUNTY OF NUECES F ieldnotes for a 15.00 foot wide utility easement out of a tract of land out of Lots 21 thru 23, Section 51, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41thru 43, Map Records ofNueces COUllty, Texas; said tract being the same property conveyed in deed recorded in Clerk's File No. 458694, Volume 1986, Page 195, Deed Records ofNueces County, Texas and Clerk's File No. 419518, Volume 1953, Page 54, Deed Records ofNueces COUllty, Texas, save and except an 8.579 acre tract of land described in Deed recorded in Clerk's File No. 1996009928, Official Public Records ofNueces County, Texas; said utility easement being further described as follows: Beginning at a point on the southeast boundary of a 15.06 acre tract out of Lot 21, Section 51, for the north comer of this easement, from which comer the north comer of said Lot 21, bears North 00022'46" West, a distance of57.13 feet, thence North 61026'36" West, a distance of 182.03 feet and from which Point of Beginning a National Geodetic Survey monument stamped "S8-1 00" bears North 730 11'15" West 30,643.78 feet and another National Geodetic Survey monument stamped "SR-070" bears North 6102'47" West 9,612.08 feet; Thence, South 6] "26'36" East, with the northeast boundary of this easement, same being the proposed southwest boUAdary of 100 foot wide Yorktown Boulevard, as per the Corpus Christi Urban Transportation Plan dated March 2003 and parallel with the centerline of said Yorktown Boulevard and 50.00 feet distant there from, measured at right angles thereto, a distatce of 1143.16 feet to a point on the northwest boundary of an 8.579 acre tract out of said Lot 23, as described in deed recorded under Document No. 1996009928, Official Public Records of Nueces County, Texas, for the east corner of this easement: Thence, South 00"22'46' East along the west boundary of said 8.579 acre tract, a distance of 17.14 feet for the ,",outh comer of this easement: Thence, North 61026 '36" West, with the southwest boundary of this easement, parallel with the centerline of said Yorktown Boulevard and 65.00 feet distant there from, measured at right angles thereto, a distance of 1143.16 feet to the southeast boundary of said 15.06 acre tract. for the west comer of this easement; Thence, North 00022'46' West, along the southeast boundary of said 15.06 acre tract and the northwest boundary of this easement. 17.14 feet to the Point of Beginning and containing 17,147.44 square feet ofland. Bearmgs based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments "SR-070" (North coordinate 17,123,255.1563 East coordinate = 1,358,946.5964) and "S8-100" (North coordinate = 17,127,465.3284 East coordinate = 1 338,023.3238) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAD83} lIRB~Gn;rRJ) ~~ Juan 1. Salazar, R.P.L.S. License No. 4909 · CORPUS CHRISTI. TEXAS 78404 (Yloil@urboneng.com Page] of] II " I: I ' ~ .c 118 . ~tB 1~~ ' 0.... .. ~] I · '" \ ~+. /' t:!:li - j I" . I ~~ r~. I ~.i aliI td ,;,t' ~ 4lL ~ N'liC:li t;$!~"" ""0 ~ "" ~~8 'liti IT g f ~ ~. ~ ..~ ~'''~ 'li"1 1. ~ .t ~ ~ ~ ~ ~~ &i~J",~51 ;tP~~ ~~\ ~ r:OJi]~&_ '1 ~ ... / ~1 ~ ~ "UI -10 . i ~ I i~~~'il- Ii "'I! j ~ ~ ~ ~ I olf~.~l~ ~ ~ I ]Wi' r~I~!'5il -.-----".-_______~ j J J .;I 1"'1 .. ! C5 t I scxal '.(lUno::> h:>anN 'lpJO:::l8:~ pooo .,..... '5d 'YLfI 'IO^ I.--j!r~ dtil 8:U!f8dld 31QwnH l~.ij~.-llo lQ.!~..~ ~ lIii iilflUdUi 8:5 It . "~i- lIJi'li) +' If ~ t Jijj! fill ~ . ~;ip~;'li ~ i ~ ...If~ ~t!tdn It) >; I-I] ~ ~. ~" &1 ~~ -SQ.:i .1') ~~c1 ~i -j 11:11: ..... i :t: 0...... I Iii II: ~~~ I .. ........ & -- ~O) Ii: ~ la I:: I ~~~ I~ l:ll I~~ I~ ~~ I~ ]Wi' ,..,-"-.. . , ] I j" I ....._~ ~ ~~ ItJ Z...I ~ I ::J I ~:;; I ..!.~ ~~ ... 2)1\ 00) I .!.z I "'-'i,+' '80 ~ i j C "' jS~8 go I ....i I i ~I I .~ &1 ~ 'Eo I ~'" i N-SQ.:i \~ ~~~f ~ -'IS I :t:~ I m II: I I I ~!I~r~i ~ l.tU ~. i !!~ o -1"'15i~ #I!~~I~ iiD~~~ j ~ i~~~~a dil'~~IJ ~~lilil! ~ ~ c Iz 'li ; i.jil~1 :1;!sIU . ~t ji"' ~ ill ~It ~~I!.~ w ~F'II: oD.. ;i !f~!~ Ii: z ~~~ I!! ~~1~~1l!s~ .,.t I '"' I i 11 , '" I '" iJ Ilti I ~t~-I I f~~.i I II 8.li "'1I" I ~z "~I :Ui lll: .3"'~1 .!2 qui "'!il Jill I I t~ ..J...+ ~ I !~~ :!~ Sll~ ..liS l!so~ :;z ;~~ ~I::i ~ I~~ ~~~ Doct2006030146 . PaQes 8 06/14/2886 11:0SAM OffIcial Records of ~CES ro..mv DIANA T. BARRERA COONTY CLERl< Fees $43.08 STATE OF TEXAS COONTY IF NlECES I hereby certify that this instrulent was FIlED In file nUlber sequence on the date and at the tile stalped hereIn by Ie, and was duly RECORDED In the Official Public Records of Nueces County. Texas ~~,~ DIANA T. BARERRA tl.ECES CllMTY, TEXAS Any provision herein Nhich restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Rel1Qion, Sex, Handicap, Fuilial Status, or Hat ional Origin is Invalid and unenforceable under FEDERAl LAW, 3ILY89 City of',Corpus Christi P. o. Box 9277 Departlnent of Engineering Service PROPEITY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277 ....