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Home My WebLink AboutC2007-361 - 10/4/2007 - NA-+ 4 y+ i UDC NQ~216 ALL ~~RRESPD~D~1~~~ IN C~~V~VEC~I~~ W!~'H 7~lS C'Q~~'~4CTSNO~ILD l1~CLUDE '~'ERENCE ~D ~~~450-07~RP-~~~ ~1 1VIEDITERRANEANbRIVE E~TEN~I~N ~AS~~~NT THIS I~RANT IMF EASEIVI~NT, made as of the dad of X007, between the UNITED STATES ~' .Al1~IE1C~, herein called the Government, acting by and thxaugh the Department of the Nav~r, and the City of Carpus Christi, T, herein calked the Grantee; ITNESSETH THAT; WHEREAS, the Government awns that certain real property identified as the Naval fir Station, Corpus Christi, T~, herein called the Station; and HEAS, the Grantee has requested an easement far construction, installation, use, operation, maintenance, repair and replacement of aright-of way for a forty foot ~~0'}wide road, underground utilities, curb and gutter, and sidewalks far the widening Mediterranean Drive consisting of 1.5~ 1 acres of land, such easement being through, over, across and under a portion of the Station; and wHEIAS, the Secretat~ of the Navy has found that the grant of such easement an the terms and conditions hereina~er stated is not incompatible with the public interest; N' THI~'~I, this grant of easement witnesseth that, in consideration of one Thousand ~~ 1,000.00 dollars, receipt of which is acknowledged, and benefits the Government will receive, the Government hereby grants to said Grantee and its successors and assigns, far a period of fife ~~0} years frain the date hereof, right-of-~a~ far the v~ldernng e~lterranen Drive consisting of l . ~ 5 I acres of land. Such easement is through, aver, across and under that portion of the Station, hereinaer called the Easement, described and shown an Exhibits "A" , "B", and "C", attached hereto and made a part hereof, THIS EASEMENT is granted sub j ect to the follo~ring terms and candit~vns; 1. All warp in connection with the Easement for use, operation, maintenance, repair and replacement of the widening of Mediterranean Drive shall be lane without additional costar expense to the Government, and in accordance with plans that shall be approved by the Commanding officer, Naval Facilities Engineering Command Southeast, hereina~er referred to a the Commanding Gfhcer~ Crrantee covenants and agrees to maintain the widening of Mediterranean Drive, 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 maintenance, repair and operation of the widening of Mediterra~aean Drive, equipment and systems within the Easement. Grantee, an behalf of itself; its agents, representatives, contractors, successors and assigns, agrees at its own expense to comply with all ann~ir~~~l~ 1~;;'° '""~~° n''d regulations relating to the widening vfMediterranean Dave. ~~~~i~~ Y I ~~f ~~ U Dept of Navy i ~ 4 .i l 2, The Grantee shall maintain tha Easerr~ent, and the widening Qf Med~terra~nean Drtve,ln good condition at all times shall promptly make all repairs thereto that may ~~ necessary far the preservation of the condition of the Easement and the continued operation and ~nlntenanee ofthe widening ofediterranean Drive far all of the above. ~, If rrantee shall at any time abandon ar remove from service any portion ofthe existing the widening of Mediterranean Drive 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 t no cast to Government, its successors and assigns and in compliance with applicable laws, caries and regulations related to the abandonment or removal, 4. Upon the request of Gavernnaent, its successors and assigns, Grantee will identify for Gaverntnent, its successors and assigns the location on site of any utilities which are located underground 1n the vicinity of any proposed development ar construction activity. In na event shall Government, its successors and assigns be liable far any damage to any lines or equ~prrient whose location has not been accurately established on the site by Grantee, nor far any disruption or cessation of utility service resulting from construction or develapn~ent in areas where Grantee has failed to accurately establish the location of the widening of Mediterranean Drive or equipment, 5. All work shall cease and the public works Gfficer at Naval Air tatian Carpus Christi, T shall be notified if any buried debris, archeological resources, or potentially hazardous material are encountered during any excavation performed in conjunction with the maintenance, repair, or replacement of the utility system, ~. GRANTEE shall comply with all applicable federal, state and local laws regarding environmental protection requirements. 7. GD~ERNMENT's rights specifically include the right for Gavern~nent officials to inspect upon reasonable notice Easement far compliance with environmental, safety, and occupational health lags and regulations, whether ar not Gavern~nent is responsible for enforcing them. Such inspections are without prejudice to the right of duly constituted enforcement oiicils to male such inspections. GRANTEE shall have no claim on account of any entries against the United States or any af~cer, agent} employee, contractor or subcontractor thereof, S. Storage, treatment or disposal of toxic hazardous materials on the ~asen~ent is prohibited except as authorised by Government in accordance with la U.S~C. Section ~~9~, 9. The Grantee's rights hereunder shall be sub jest to such reasonable rules and regulations a may be prescribed by the Government to assure that the exercise of such rights will not interfere with Government activities at the Station, 1 a. Grantee shall indemnify and bald harmless Government from any casts, expenses, liabilities, ~r~es, or penalties resulting from discharges, releases, emissions, spills, storage, or disposal, arising franc Grantee's construction, occupancy, use ar operation, or any other action by the Grantee giving rise to Gavern~nent liability, civil ar criminal, ar responsibility under federal, state, ar local environmental laws. This provision shall survive the expiration or termination of the Easement, and Grantee's obligatians hereunder shall apply whenever Government incurs Cysts ~r liah~lltles for Grantee' actl~ns. 1 I . If at any future time, the Government determines that the widening of 1Vlediterranean Drive or any portion thereof, unduly interferes with any of its activities, it shall have the right to terminate this Easement, in v~rhale ar in part, to the extent necessary to eliminate such -interference; PROVIDED 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 widening of Mediterranean Drive or pardon thereof, on adjacent Government property, at the Grantee's cost and expense The substitute easement shall contain the same terms and conditians as those of this Easement, and shall bear the same explratlon date. 12. All or part of this Easement nay 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 na use of such rights for a period of two consecutive years 1 . The Government may use or allour other parties to use the Easement by giving written notice to Grantee, provided such use does not unreasonably interfere with the use and enjoyment of the rights given by this Easement and the safety and integrity of Grantee's widening of Mediterranean Drive. I4. Grantee shall indemnify and bald harmless the Government for any fines, suits, actions, damages liability and cause of action arising or growing cut 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, hawever, this indemnification shall not extend to matters for which the Government is found to be liable under the Federal Torts claim Act IN ~T~E ~~~~', the o~ernment, acting by and through the Department of the Navy, has caused this instrument to be executed the dad and dear first abase varitten, ~VITNE __, ~. STATE OF SOUTH CAROLINA } COUNTY OF CHARLESTON } UNI TATS ~~' ANIERIA i DIERI]RE IJ. ITT, Bunch Head, Real Estate operations Cull' aast IPT ~~rsona~~y a~~eard before ~ ~ w~to, ding duly sworn, says that ~ ~ ~ saw the within named `~ ~~ ~ ~ :~ ~ ~~-~- sign and seal the foregoing sen~ent in ~eha~of the Unified ~'tates o~ f ~4nae~ica, a~ad that ~ ~ with . ~ +~ ~~ ~ ~~ ear witnessed the execution thereof, S orn to before me his ~~ day of ~ C~ ~'~~' 2007, ~ ~ L+ ~ (7 •. „ „ , r-7,~sc~-~ .Notary Public for the State of South Carotfna. ~' !i ~ i f t ~ a Jr } {~ ~!'ll li'~ll'~~~~~~r:nL 1~1~ r ~~? ~L! ~~~ `rti;Qa ~r~''{ a~ . ,~i ~: 1 Yti ~, ~ I', ~, ~ 14 ~ ~ ; . ~ ~ ~ t i ~ ww r.r +we ^rrr.~lr~ w..f. +.w +~i~irr~ ..~ rr rrrr~rr ~ ..r a~ '~. +4 ~~~~~~~ ~r.rrr+r~ +I~Yrt ~ i.n.wi..~~rf ~..~ w~ , ~+ e r~ ~. r ; ~. ~. t } ~~ ~ t . ~~ ~.. ~ _ .~ ' ~ ~ .~ ~~ ' ~:- ~. ~ -~ # ~~-: * ' ~ ~ ~ ,: ~~ ~ ~ ~ ~' ~ ~ r ~~,~ ~ ~ ~ ~ ~ :. f ~~ ~~ ~ -~~ . ~' ~ . ~ :~. 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EXHIBIT B ,~ ~ , ~ ~ f r «a « e :t. a ~' . ~ k~ ft'Jti ~~' ~PRbP06Efl.f~" Pf~t~PO.~D tL` ~pCP P~~P~sE~ -~~1~~r ~E~~orc -, ~E~~R~N aR ~ 1 t ~ , ~~ ~~~~~~~~G ~ Pd-gge~ 9 f~1~518~ f ~:5 off axial ~e~erd~ ~f NIKES CITY ~I T~ Hi ~ ~ ~TAT~ DF TES T~ ~F NUECES I hereby certify that tf~i~ i~~truie~t ~ ~IL~D to file n~eber ~e~~eeCe ~n t#~e date a~~ at the tine tae i here~~ b~ ee~ ~~d ~a~ d~iy f~GD ~~ tie finial R~bl~c Recor~~ of Nuece~ C~t~ty, Te~a~ ~' ~ t r~ ~ia~a T~ Harrera ~~ COLNTY~ T~JL~ r~~ieian herein rich re~trict~ the Sale, ~ e~a~ ~r uee of the ~e~ribed ~Al. ~~Y ~ca~~e of ~e, ~~Ier~ ~e~i ~~~~ 5e~, Na~i~ap~ ~a~ili~-I 5~atu~~ ar ~ i~na~ ~r~ i~ x~ i~~al i~ a~~ ~~enf ~r~eable ~~~er ~~L i. ~11~1~~~ uu~~ t-oti~o~~~ ~a~~ 3s~z ~a ~ ~ . ~~