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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" .....- .--"41"- 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 2 ......,' ",,- 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 3 '$!IP'..-. 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. 4 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 5 ~C"""""" 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~ 6 ......- ...~ 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. ::",)..ii~~' ,--..,j" ,,' \ ~ ,. # ,,-,..' :-t ~. , ,I:.' / i", .:l ~o. rt'( rlJ " ~y :)~ .,(~~.\ .{/~ :,~ '''('' ". ' ". ~ ,:,.., ~< '. . "i , , ,'. '~ : ....:'.' ~($~J.1-l ,:: o. /' ,;.' J 0 '\ .,,~' ~' U \II ~\".,,: J'i~HnH&\ ~'d My Commission Expires: ,1ft( /i. de ~-} 7 "'lIlIlIIP''' .,,'...... j? ~ --.. J? 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Cl .<:) ~. :tJ ;;'0 c$><J ~ .'~~~ c)O~\j .~~ ""'''''c:::O ~trI~ ~ ~~~""-i ;!) ~ {jj C)Y>~ ~ ~~ --- C) ..... ~. ~(")V).." 1) !'::' -- ~'<b rr;C):--i ~ g- <b ~ ~:;O~~ -..." ~ ~ ~ v)~I"<:) 20 ~. (I) -(~ (DC 0 ~ \Q::tj 0 ()<: cZ ~ ~t13 G a~ rO () :J ~C) ^o i;f :1:;0 ~. ~ ;;' ",- (.,j ~ :Pr i . or <) ... 1+ '""i ~ I ~ ~ 0 ~ r ~ ~ /"Tl t: ~ ~ 8 ~ ~ C/.) !il i 0 ......',- -..." 20 (DC CZ rO ^o :1:;0 /"Tl_ )>r or I o r /"Tl -I~8111 g~~i ~~~a ~!j~ 'V ~~ ~~~x ~i5~;v a~~a ::o~~ !:(Qo'" . 11 0 -c;Vd "'1Il;g ;:A~!il{ ~ !il . ~xHlBrr A 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. ~ '€..~.~~ ~ t-.' (:)\STE.9~::"'1.~\. CLJ ..L .~<":~~..<>.~'\ 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 ~ iVD'si..iR\I~4. ....,.. ~~- 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 ~'.^'''''-