HomeMy WebLinkAboutC2006-282 - 6/14/2006 - NA
NO. DACW64-2-06-56
DEPARTMENT OF THE AR~oc# 2006032611
EASEMENT FOR RIGHT-OF-WAY
FOR
A SECURITY FENCE
CORPUS CHRISTI SHIP CHANNEL PROJECT
SOUTHERN AREA OFFICE
NUECES COUNTY, TEXAS
THE SECRETARY OF THE ARMY under and by virtue of the authority
vested in the Secretary by Title 10, United States Code, Section 2668, having
found that the granting of this easement will be in the public interest and will not
substantially injure the interests of the United States, hereby grants to the CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, hereinafter referred to as
the grantee, an easement for a 10-foot-wide right-of-way for the installation and
maintenance of a security fence, hereinafter referred to as the facilities, over,
across, in and upon lands of the United States (a portion of Tract NO.1 01,
Corpus Christi Area Office) as identified in Exhibits A and B, hereinafter referred
to as the premises, and which are attached hereto and made a part hereof.
THIS EASEMENT is granted subject to the following conditions.
1. TERM
This easement is hereby granted for a term of Ten (10) Years beginning June
5. 2006 and ending June 4, 2016.
2. CONSIDERATION
The consideration for this easement shall be the operation and maintenance
of the premises for the benefit of the general public in accordance with terms and
conditions hereinafter set forth.
3. NOTICES
All correspondence and notices to be given pursuant to this easement shall
be addressed, if to the grantee, to City of Corpus Christi, ATTN: City Manager,
P.O. Box 9277, Corpus Christi, Texas 78469-9277, and, if to the United States,
to the District Commander, ATTN: Chief, Real Estate Division (RE-A), P.O. Box
1229, Galveston, Texas 77553-1229, or as may from time to time otherwise be
directed by th~ parties. Notice shall be deemed to have been duly given if and
2006-282
06/14/06
Secretary of the Arm"
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when enclosed in a properly sealed envelope or wrapper addressed as
aforesaid, and deposited postage prepaid in a post office regularly maintained by
the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to
"Secretary", "District Commander", or "said officer" shall include their duly
authorized representatives. Any reference to "grantee" shall include assignees,
transferees and their duly authorized representatives.
5. SUPERVISION BY THE DISTRICT COMMANDER
The construction, operation, maintenance, repair or replacement of said
facilities, including culverts and other drainage facilities, shall be performed at no
cost or expense to the United States and subject to the approval of the District
Commander, Galveston District, hereinafter referred to as said officer. Upon the
completion of any of the above activities, the grantee shall immediately restore
the premises to the satisfaction of said officer. The use and occupation of the
premises for the purposes herein granted shall be subject to such rules and
regulations as said officer prescribes in writing from time to time.
6. APPLICABLE LAWS AND REGULATIONS
The grantee shall comply with all applicable Federal, state, county and
municipal laws, ordinances and regulations wherein the premises are located.
7. CONDITION OF PREMISES
The grantee acknowledges that it has inspected the premises, knows the
condition, and understands that the same is granted without any representation
or warranties whatsoever and without any obligation on the part of the United
States.
8. INSPECTION AND REPAIRS
The grantee shall inspect the facilities at reasonable intervals and
immediately repair any defects found by such inspection or when required by
said officer to repair any such defects.
9. PROTECTION OF GOVERNMENT PROPERTY
The grantee shall be responsible for any damage that may be caused to the
property of the United States by the activities of the grantee under this easement
and shall exercise due diligence in the protection of all property located on the
premises against fire or damage from any and all other causes. Any property of
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the United States damaged or destroyed by the grantee incident to the exercise
of the privileges herein granted shall be promptly repaired or replaced by the
grantee to a condition satisfactory to said officer, or at the election of said officer,
reimbursement made therefor by the grantee in an amount necessary to restore
or replace the property to a condition satisfactory to said officer.
10. RIGHT TO ENTER
The right is reserved to the United States, its officers, agents, and
employees to enter upon the premises at any time and for any purpose
necessary or convenient in connection with Government purposes, to make
inspections, to remove timber or other material, except property of the grantee, to
flood the premises and/or to make any other use of the lands as may be
necessary in connection with Government purposes, and the grantee shall have
no claim for damages on account thereof against the United States or any officer,
agent, or employee thereof.
11. TRANSFERS AND ASSIGNMENTS
Without prior written approval by said District Commander, the grantee shall
neither transfer nor assign this easement or any part thereof nor grant any
interest privilege or license whatsoever in connection with this easement The
provisions and conditions of this easement shall extend to and be binding upon
and shall inure to the benefit of the representatives, successors and assigns of
the grantee.
12. SUBJECT TO EASEMENTS
This easement is subject to all other existing easements, or those
subsequently granted as well as established access routes for roadways and
utilities located, or to be located, on the premises, provided that the proposed
grant of any new easement or route will be coordinated with the grantee, and
easements will not be granted which will, in the opinion of said officer, interfere
with the use of the premises by the grantee.
13. RELOCATION OF FACILITIES
In the event all or any portion of the premises occupied by the said facilities
shall be needed by the United States, or in the event the existence of said
facilities is determined to be detrimental to Governmental activities, the grantee
shall from time to time, upon notice to do so, and as often as so notified, remove
said facilities to such other location on the premises as may be designated by
said officer. In the event said facilities shall not be removed or relocated within
ninety (90) days after such notice, the United States may cause such relocation
at the sole expense of the grantee
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14. TERMINATION
This easement may be terminated by the Secretary upon 30 days written
notice to the grantee if the Secretary shall determine that the right-of-way hereby
granted interferes with the use of said land by the United States, or it may be
revoked by the Secretary for failure of the grantee to comply with any or all of the
conditions of this easement; or for non-use for a period of two (2) years, or for
abandonment.
15. SOIL AND WATER CONSERVATION
The grantee shall maintain, in a manner satisfactory to said officer, all soil
and water conservation structures that may be in existence upon said premises
at the beginning of or that may be constructed by the grantee during the term of
this easement, and the grantee shall take appropriate measures to prevent or
control soil erosion within the right-of-way herein granted. Any soil erosion
occurring outside the premises resulting from the activities of the grantee shall be
corrected by the grantee as directed by said officer.
16. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties hereto shall
protect the premises against pollution of its air, ground, and water. The grantee
shall promptly comply with any laws, regulations, conditions or instructions
affecting the activity hereby authorized if and when issued by the Environmental
Protection Agency, or any Federal, state, interstate or local governmental agency
having jurisdiction to abate or prevent pollution. The disposal of any toxic or
hazardous materials within the premises is strictly prohibited. Such regulations,
conditions, or instructions in effect or prescribed by the said Environmental
Protection Agency or any Federal, state, interstate or local governmental agency
are hereby made a condition of this easement. The grantee shall not discharge
waste or effluent from the premises in such a manner that the discharge will
contaminate streams or other bodies of water or otherwise become a public
nuisance.
b. The use of any pesticides or herbicides within the premises shall be in
conformance with all applicable Federal, state and local laws and regulations.
The grantee must obtain approval in writing from said officer before any
pesticides or herbicides are applied to the premises.
c. The grantee will use all reasonable means available to protect the
environment and natural resources, and where damage nonetheless occurs
arising from the grantee's activities, the grantee shall be liable to restore the
damaged resources.
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17. PRELIMINARY ASSESSMENT SCREENING
A Preliminary Assessment Screening (PAS) documenting the known history
of the property with regard to the storage, release or disposal of hazardous
substances thereon, is attached hereto and made a part hereof as Exhibit C.
Upon expiration, revocation or termination of this easement, another PAS shall
be prepared which will document the environmental condition of the property at
that time. A comparison of the two assessments will assist the said officer in
determining any environmental restoration requirements. Any such requirements
will be completed by the grantee in accordance with the condition on
RESTORATION.
18. HISTORIC PRESERVATION
The grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archeological, architectural or other cultural artifacts,
relics, remains or objects of antiquity. In the event such items are discovered on
the premises, the grantee shall immediately notify said officer and protect the site
and material from further disturbance until said officer gives clearance to
proceed
19. NON-DISCRIMINATION
The grantee shall not discriminate against any person or persons because of
race, color. age, sex, handicap, national origin, or religion in the conduct of
operations on the premises.
20. RESTORATION
On or before the expiration or termination of this easement, the grantee
shall, without expense to the United States, and within such time as said officer
may indicate, remove said facilities and restore the premises to the satisfaction of
said officer. In the event the grantee shall fail to remove said facilities and
restore the premises, the United States shall have the option to take over said
facilities without compensation, or to remove said facilities and perform the
restoration at the expense of the grantee, and the grantee shall have no claim for
damages against the United States or its officers or agents for such action.
21. DISCLAIMER
This instrument is effective only insofar as the rights of the United States in
the property are concerned, and the grantee shall obtain such permission as may
be required on account of any other existing rights. It is understood that the
granting of this easement does not eliminate the necessity of obtaining any
Department of the Army permit which may be required pursuant to the provisions
of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33
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U.S.C. 403), Section 404 of the Clean Water Act (33 U.S.C. 1344) or any other
permit or license which may be required by Federal, state or local statute in
connection with use of the premises.
THIS EASEMENT is not subject to Title 10, United States Code, Section
2662, as amended,
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army. this ~ 2:l day of z/k17t:~ ,2006.
if ~
h ~:__L~ ~
t.::- ICHARD W. HARRISON
Chief, Real Estate Division
U.S. Army Engineer District
Galveston, Texas
/U.-TI-r
THIS EASEMENT is also executed by the grantee this , day of
_J LA ,./ ~ , 2006.
CITY OF CORPUS CHRISTI
By ~YK-.
GEO E K. (SKIP) NOE
City Manager
. J /p Ji,rm: ~. ,1/.""
/I pprr;yep 4'
. Smith
Aasl8tant CIty MOfrMt
For City A~
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ACKNOWLEDGMENT
STATE OF TEXAS
ss
COUNTY OF GALVESTON
BEFORE ME, a Notary Public in and for the State of Texas, personally
appeared ORLANDO ROSAS, to me known to be the identical person and
officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the said instrument by authority of the Secretary of the
Army for the purposes therein expressed as the act and deed of the United
States of America
GIVEN under my hand and seal, this day
vZ~ (k /7 C__
,2006.
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South Texas Institute for the Arts Expansion
Project 4194 -10' Easement Acquisition
STATE OF TEXAS
COUNTY OF NUECES
BEING a Tract of Land containing 0.05 Acres (1,964 SQ. Fr.) of land as
described in Deeds recorded in Volume 183, Page 1 and Volume 1491, Page
787, Nueces County, Texas. This 0.05 Acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at the southeast comer of land of the United States of America as shown on Site
Plan of the Corpus Christi Area Office, Corps of Engineers Reservation at Corpus Christi, Texas,
dated July, 1975, said point being S62043'OO"E a distance of 110.50' and S33043'00"W a distance
of 95.40' from a Found Drill Hole in Bulkhead on the southwest side of the Corpus Christi Ship
Channel;
THENCE S78043'OO"W along the southerly boundary line of the U.S. Corps of Engineers
Reservation, a distance of 180.11' to a Point, being the southwest comer of this tract;
THENCE NIl o17'00"W through said U.S. Corps of Engineers Reservation, a distance of 10.00'
to a Point, being the northwest comer of this tract;
THENCE N78043'00"E continuing through said U.S. Corps of Engineers Reservation, a distance
of 175.97' to a Point, being a comer of this tract;
THENCE N33043'OO"E continuing through said U.S. Corps of Engineers Reservation, a distance
of 16.29' to a Point, being the northerly comer of this tract;
THENCE S56017'OO"E continuing through said U.S. Corps of Engineers Reservation, a distance
of 10.00' to a Found Drill Hole in Bulkhead, being the easterly comer of this tract;
THENCE S33043'00"W along said U.S. Corps of Engineers Reservation, a distance of 20.43' to
the POINT AND PLACE OF BEGINNING and containing 0.05 Acres ofland.
Bearings are with reference to the southwesterly side of the Corpus Christi Ship Channel as
shown on Site Plan of the Corpus Christi Area Office, Corps of Engineers Reservation at Corpus
Christi, Texas, dated July, 1975.
State of Texas
County of Nueces
1, Russell Ochs, a Registered Professional Land Surveyor, hereby certifY that the foregoing field
notes were prepared by me from an actual field survey performed on the gro
TIns the 27TH day of December, 2005. ~ '€..~.~~
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tb;sseU D. Och, 0 . . !\~~Sf:~~. U. f,,~~S. .J'
State of Texas License No. 5,241 (-.~ 5241 ~oi""D'
<f" ?r.e-SSI'!'I:..' 0 ~
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E'XIIIBIT B
"'IlII!I"'. '-
EASEMENT NO. DACW64-2-06-56
PFELIMINARY ASSESSMENT SCREENING
REAL PROPERTY TRfu'\TSACTION: I ssuance of an easement to the
"lty of ~orpus Christi, Nueces County, Texas, for the
nstalla ion and maintenance of a security fence, Southern Area
ff 1 ce, :-':o:cpus Chr l. st i Ship Channel proj ect, Texas.
a. A COMPREHENSIVE RECORDS SEARCH during 2006 included a
reVlew the following areas:
) Real Estate Division out grant files
2) Real Estate Division maps
3) Aerial photos
4) Operations Division flles
5) Planning, Environmental and Regulatory Division files
6) Engineering-Constructlon Division files.
b. SIr:'E INVESTIGATIONS were performed during 2006.
STATEMENT OF FINDINGS
a. COMPREHENSIVE RECORDS SEARCH SUMMARY
A complete search of Galveston District files revealed no
evidence that hazardous substances as identified in 42 D.S.C.
601 14 B) D) ~r (E) have been stored, released, or disposed
on the property involved.
b. (3ITE INVESTIGATION SUMMARY
The SIte investigation revealed no evidence that
hazardous substances have been stored, released or disposed on
the property. There were no unusual odors, suspicious seepage or
ether ev dence of -he presence of hazardous wastes.
Prepared by:
CESWG-RE-A
/ "
/ 1lR.../ e2 t'lo6
i Da te
Approved
,/ Y
,'-:1 ~1 /- --L ~7 =-
bY~7 Richard W. Harrison
/ Chief, Real Estate Div
~
J~ J4.0E. ~oG
Date
I
JutJ;J~/(}fo
Date
Executed by: G (Skip) Noe
Clty Manager
Corpus Christi, Texas
:~~={HIBIT C
,~.. ---
DDCt 2006032611
I Pag!s 11
16/26/2116 2:17PM
Official RICords of
PIECES CIUfTY
DIANA T. BARRERA
CIlM'Y Q.EII<
FI!5 $55..
Any provision h!r!in Which restricts the Sale, R
ental or use
of the describfil RBl. PR(JIERTY becauS! of Race,
Color~
Rtliglont ~x, Handicap, Falilial Status, or Nit
lOnal Origin
is lnvalia and unenforceable under FEDER LAW,
3/12/89
STATE IF TEXAS
aurrv IF tlECES
I her!by C!rtify that this instrUl!nt WiS FILED
in file nulb!r s!9u!nce on th! dat! and at the
tile stuped h!reln ~ I!, and was duly AECOADED
in the Official PubliC R!cords of
Nueces County, Texas
O~ · .~.~
...~
~
DIANA T. BARERAA
tlECES CIUfTY, TEXAS
City of Corpus Christi
P. O. Box 9277
Department of Engineering Service
PROpeRTY & LAND ACQUISITION DIV.
Corpus Christi, Texas 78469-9277
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