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HomeMy WebLinkAboutC2007-420 - 11/14/2007 - NA' ~ ` r 4~ ~ 1 ~~~~ I ~ ~ t ~~~AL C,~ ~~ ~~f ~~ ~ yam, ~ ~ `~ t ~,~ ~ ~ ' ~t~' ~1 4 ~ f 1 ~ F+ ~4 ~~BCI~Nl~A -~ Austln, Texas MISCELLANEOUS EASEMENT (PIPELYNES) ME870207 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY QF NUECES § This liscellaneaus Easement {the "Agreement"},1VIE870207, is granted by virtue of the authority granted in Section 51.91, e~ seq., TES. NAT. RES~ CODE ANN; Vernon 2001 ~, 31 T~~, Al~1VfYN. CODE 13,1 1, e~ seq., and all other applicable statutes and rules, as the same exist on the date hereof or as they may be arrYended from time to time, ARTICLE I. PARTYE 1.01. In consideration of the mutual covenants and agreements set Earth heroin, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEAS, acting by and through the Commissioner of the General Land Office, the "Grantor"}, hereby grants to City Of Carpus Christi, whale address is FO Box 9277, Corpus Christi, T~ 7$49-9277, phone number {3GI} 82b-3500, the "Grantee"}, a non-exclusive easement for the purposes identified in Article ~. ARTICLE II. PREMISE 2.01. The easet~ent i located across Mate-owned land in Nuece County, Texas, described as follows: Oso Creek, State Tract Nurrxber G and the easement is a right-of=~vay 18,7 rods Zang and ~0 feet wide, being 10 feet either side of a centerline farmed by the impraverr~ents has hereinaffer defined}, as constructed the "Premises"}. Notwithstanding the foregoing, during the period of initial construction not to exceed 120 days, the easement width shall be 100 feet wide, being 50 feet either side of the centerline instead of the easement width mentioned above. Yn addition, if repair andl or replacement of the pipeline is necessary, far a period not to exceed ~0 days, Grantee shall again be granted additional easement width which shall be 140 feet wide being 50 feet either side ofthe centerline, The Premises are further described or depicted on the vicinity 1VIap attached hereto as Exhibit A and the purvey Map attached hereto as Exhibit B, collectively incorporated by reference far descriptive purposes, 2,02, Grantee acknowledges and agrees that when the Improvements has hereinafter defined} are placed on the Premises, the location of such Improvements within the easement shall thereby became fixed at such location and shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by a-ny other governmental agency with jurisdiction over same, ~a~~~~~o ~ ~ r~ dfn7 1 ~ l i'~~ v , 1 : ~ , , . ; ~ ; ~ me new pi~eltne.docv.l.~ State ofTe~as x,03, GRANTEE HAS INSPECTED THE PHYSICAL ANi~ TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE A1VIE "AS IS", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE GRANTOR DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUYTABILITY, FITNESS FOR ANY PURPOSES AND ANY OTHER WARRANTY WI-IATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GRANTOR AND GRANTEE HEREBY AGRI~E AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES ANDfOR PRIOR RIGHTS, NOTICE IS HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT ANDIDR ENCUMBRANCE MAY BE OF RECORD, AND GRANTEE TAKES SUBJECT TO ANY SUCH PRIOR GRANT AND10R ENCUMBRANCE, GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NDRTH CONGRESS AVENUE, AUSTIN, TEXAS 7$701-195, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY OR COUNTIES IN WHICH THE PREMISES ARE LOCATED, THE PROVISIONS OF THIS SECTION SHALL SUR'~IVE EXPIRATION OR EARLIER TERMINATION OF THIS EASEMENT. A~Tr~E rir. TER.Ni 3.~ 1, This Agreement is for a period of ten ~l ~} years, beginning an January 1, 208, and ending an December 31, Z~ I ?, unless renewed, amended, or sooner terminated as authorized by law ar as set forth herein ~.~Z. Provided that Grantee has complied with all provisions of this Agreement, Grantee shall have the right to extend and renew this Agreement pursuant to 31 TAB ~ 13, t ~~c~ and ~d} for an additional terra of 10 years on the same terms and conditions provided hereunder, by taking the fallowing actions: ~i} providing written notice to the grantor of Grantee's intent to renew the Agreement not less than ninety ~9~} days prior to expiration of the term of this Agreement; and iii} completing and submit to the Grantor far approval, an application far renewal within thirty ~~4} days following the native provided in Section 3.O~~i}; and viii} paying the applicable renewal fee, pursuant to the rate schedule in effect at the time of renewal; and {iv} providing documentation showing the current location of the lmprovements. This documentation shall include spatial caardinates sufficient far determining that the pipelines} lie within the approved Premises. Such information may be in the farm provided to the U,, Department of Transportation, provided that such dacurrrentation includes the current location and spatial caardinates. Notwithstanding the foregoing, and provided that the pipeline has been in place far at least twenty ~~~} years fan "older pipeline"}, Grantee rrlay, in lieu of providing such actual dimensions and spatial coordinates, satisfy the requirements of this subsection Div} by providing a certified written statement by a Professional Engineer which states that the engineer, despite having employed best efforts to do so, can not ascertain the burial depth andlor location coordinates of such existing pipeline from grantee's existing records and dacumentatian. Any such certified statement shall also include any documentation in Grantee's possession relating tv either the actual dimensions or spatial coordinates of the improvements. If Grantee, at any time, later discovers or determines the actual burial depth andlor location caardinates of an older pipeline, Grantee agrees to submit such documentation to grantor, If either grantor ar Grantee determine that an older pipeline is not actually located v~ithin the right of way described in this Agreement, both grantor and Grantee will enter into an amendment to this Agreement to correct the right of way description provided such right of way is located on State-owned land. In any event grantee will indemnify Grantor pursuant to Section S.D 1 of this Agreement even if same ar al1 of the Irr1provements are not located an State-owned land. 3.0~. In the event that Grantee shall fail to comply with the requirements of Section ~,~Z, Grantee shall be in default hereunder; however, the Easement shall not terminate until Grantor provides notice of such failure and allows a period vfthirty {3~} days for Grantee to cure such failure and default Grantee's failure to ca~nply with Section 3,~2, even if subsequently cured to Grantor's satisfaction, shall be deerr~ed a forfeiture of any right Grantee may have to ME8742~7 Z ~ ~ : _ . : ~ : ; . , me new pipelir~e.doc v. ~ .0 j~~lder ~: ~ . r , ,~ t J 1 ~ ~ ~ renew the Agreement at a reduced fee. Grantor may require ~i~ the full then-current fee as calculated for ~ new easement, ar, iii} the applicable renewal fce pursuant to the rate schedule in effect at the time of renewal, plus an adm in istrative penalty as determ fined by Grantor, ARTICLE I~. GONIDERATION AND TAXES ~.OI. A. As consideration consideration} fox the granting, ar if applicable, renewal of this easerr1ent, Grantee agrees to pay the Grantor payable to the garrzrr~issianer of the General Land Office at Austin, Texas} the sum of Five Hundred And 001100 Dollars ~SOO.UO}, due and payable upon the execution ofthis Agreerrxent. ~. Past due ~ansideratian and other past due payments shall bear interest from maturity at the rate of ten percent ~ 1 ~°I~} per annum from the date when due until actually paid, as provided in Section 51.3 ~ 1 in TEX. NAT. RES, BODE ANN. {~ernan X00 ] }. Failure of Grantee to rriake a payrrient an or before the date the sarr~e becomes due shall be deemed an act of default and, at the Grantor's option, cause all payments to become due and payable immediately; provided, however, grantor shall give grantee notice of such default and allow a period of thirty {~~} days within which to cure the default before exercising such option to accelerate such payments. 4.0~. In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on ar assessed against Grantee's interest in the Premises or on the Improvements constructed thereon, 4,03. Grantee agrees to and shall protect and hall the Grantor harmless from liability for any and all such taxes, charges, and assessments, together with any penalties and interest thereon, and from any sale or other proceeding to enforce payment thereof. ARTICLE ~. USE OF THE PREMISES 5.01, grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises far aright- afway to construct, maiutain, operate, inspect, repair, change the size af, relocate, and replace one ~ 1 } 1 ~,5-inch O.D. pipeline far the purpose of transporting water the "Improvements"}. Grantee shall not change ~i}the operation of the pipeline in any material respect or iii} the category of products therein, without grantor's written permission, such permission not to be unreasonably withheld. It shall not be unreasonable for Grantor to withhold its consent for reasons that include, but are not limited ta, Grantee's request far: a change in the category of products to be transported that is mare "sour" with reference to hydrogen sulfide content}, or that is more volatile, than the original product category to be transported as contemplated by the Agreement; ar, a change to a category of products that includes any non-hydrocarbon substances. Also, it shall not be unreasonable far Grantor to ~a} condition its consent an Grantee procuring and providing proof to grantor of adequate insurance to protect the Prerr~ises and fib} charge fees for ~i} additional pipelines, and iii} changes in use operation, including but not limited to, a use separate and apart from the original use contemplated by the Agreement, e.g. fiber optics and reverse flow, Crrantor agrees to grant or deny such permission within thirty X30} days following grantee's request far a category use change, provided such request includes all infor~natian necessary for Grantor to make an informed decision, 5.0~. A. The Grantor and Grantee hereby acknowledge and agree that each shall have reciprocal rights of ingress and egress to and from the Premises across contiguous or adjacent Permanent School Fund land ar land owned by Grantee, provided in the exercise of this right the Grantor and Grantee agree not to unreasonably interfere with the other party's for that party's agents, assignees, or designees} use of its property. At its safe cast, risk, and expense, Grantee steal] have the right of ingress and egress far the purposes authorized by Section 5.01 and such right is not granted for any other purpose. Grantee and the Grantor mutually agree to coordinate the use of contiguous ar adjacent Permanent School pond land ar land owned by Grantee, respectively, and to exercise such right aause only to the extent and in the manner allowed by the respective interests of the parties in the subjects lands and far the length of tune necessary to provide access to and from the Promises. Notwithstanding any other provisions to the ME870~07 ~ .. , .. , , . me new pipeiine,da~v.1.~ jfielder .. contrary, no easerrient is created by this Section 5.0~; instead, a license is granted to the parties and their respective officers, employees} agents and contractors for the limited purposes set forth herein. B. Grantee acknowledges and agrees that the Grantor's right of ingress and egress described in Section 5.02.A. of this Agreement shall be and remain in effect as long as the Improvements and any other structure placed on the Premises by Grantee remain an the Premises, as necessary for the Crrantar to canr the removal din whole or in part} of the Improvements, and~ar until any claims of liability against Grantor arising in connection with the Improvements are finally resolved, Such right of ingress and egress shall survive the expiration or earlier termination of this Agreement, but only for sa long as the Improvements remain on the Premises andlar any claims for liability have not been finally resolved. 5.0~. A. Grantee's use of the Premises is subject to and contingent upon carr~pliance with the fallowing covenants, obligations and conditions the "Special conditions"}; 1. If a leak occurs in a pipeline, Grantee shall take all immediate action to prevent further release, as comports with industry practice or complies with applicable regulatory requirements. 2. In light of the pipeline industry's indicated willingness to improve safety standards, as well as new regulations being promulgated by the Department of Transportation's Gffice of Pipeline Safety, and also the new federal pipeline health and safety legislation pending in the U, . Congress, this easement is granted upon condition of applicant's specific compliance with all applicable federal, state and local statutes, rules and regulations, and generally accepted industry practices and standards presently in force and as amended in the future, 3, Grantee is required to perform mitigation andJar pay surface damage fees according to the Grantors policy in effect at the time damages occur far any and all surface damages resulting from actions of Grantee's employees, contractors, andlor agents during the term of this easement. If mitigation is required Grantee will be notified in writing by the Grantor of the terms and conditions under which the mitigation shall be conducted. Such mitigation andJor payment of damage fees shall be performed in the manner and within the time frame specified in written notice provided by the Grantor to Grantee following said damages. 4. Grantee is required to provide the Grantor an "as built" survey of the Improvements within 180 days of contract execution. Grantee agrees to provide the documentation showing the current location of the Improvements. This documentation shall include spatial coordinates sufficient for determining that the Improvements lie within the approved Premises, 1LTpon receipt and acceptance by the Grantor, the "as built" survey shall be attached to and become a part of this Agreement as J}xhlblt "B-1"and shall be included in the Premises as described in Section ~.OI of this Agreement, ~lotwithstanding the foregoing, and provided that the Improvements have been in place for at least twenty {0} years ~"a legacy Improvement"}, Grantee rrxay, in lieu of providing such actual dir~ensians and spatial coordinates, satisfy the requirements of Article ill ~3,O~~iv~ by providing a certified written statement by a Professional Engineer which states that the engineer, despite ha~ring employed best efforts to do sa, can not ascertain the burial depth andlar location coordinates of such legacy improvement frorri Grantee's existing records and documentation. Any such certified statement shall also include any documentation in Grantee's possession relating to either the actual dimensions ar spatial coordinates of the Improvements. If Grantee, at any tune, later discovers ar determines the actual burial depth and~or location coordinates of a legacy Improvement, Grantee agrees to submit such documentation to Grantor. if it is determined that the Improvements ar legacy Irr~provernents are not actually located within the Premises as described in this Agreement, the Grantee shall, at the time of submission of the as built survey or other documentation, provide written notice to Grantor of the discrepancy, The Grantor will then provide written notice to the Grantee of the amount of additional consideration, if any, due to the Grantor as a result of the discrepancy. Grantee agrees to pay the additional consideration within 30 days of receipt of the ME87~~07 ~ .. , .: me new pipeline.dncv.l,~ j~el~er # r written notice from Grantor. Failure to pay the additional consideration wlthln the time spectfed will constitute an event of default under Article I of this Agreement Grantee acknowledges that Grantee's failure,to submit the as built survey of the Improvements, ar certified statement by a Professional Engineer for legacy Irnprovetnents, within 180 days, ar far new projects, upon completion of construction, will result in a waiver by Grantee of any claim to a reduction or refund of consideration tendered or to be tendered under this Agreerrxent that may have resulted from any discrepancy, In addition Grantar may, at its discretion, require an amendment to this Agreement with regard to the description ofthe Premises. ~. Prior to any construction, installation, repair, or other activities on the Premises, Grantee shall provide written notice of all the terms of this Agreement relating to the particular activity to any contractor ar~dlor agent involved in any such activity. Gn request, Grantee shall send a copy of such notice to the general Land office, ATTN; Asset Inspection, l ?~~ 1V. angress Avenue, Austin, Texas 7870 I ~ 1495. 5.04, Crrancor shall have the right to use or to perm it the use of any or all of the Premises for any purpose deemed, in grantor's sale discretion, not to be inconsistent with grantee's casement grant. Grantor, its agents, representatives and employees shall have the right to enter upon the Premises at any reasonable time for any tune in case of emergency far purposes of inspection, repair, and any other purpose necessary to protect Grantor's interests therein, Except in the event of an emergency, in which case no notice is required by Grantor, if grantor reasonably believes that a repair is necessary to protect the health and safety of the public, the environment, or the value of Grantor's property, Grantar shall give grantee reasonable prior written notice of the necessary repair, If Grantor gives such notice, and Grantee does oat initiate immediate action to pursue to completion such repair with diligence, grantor may, but shall not be obligated to, undertake that repair, all cysts of which shall be immediately due and payable by Grantee an grantor's demand, This section 5,04 is far the sole purpose of providing a mechanism for Grantar to respond to a situation in which immediate action is required to protect the Mate andlor public interest and such immediate action has oat been initiated by ar on behalf of grantee. 5.05. Grantee shall not use, or permit the use afthe Premises far any illegal purpose. Grantee shall comply, and will cause its officers, employees, agents, contractors and invitees to comply, with all applicable laws, ordinances, rules, and regulations of governing agencies concerning use of the Premises, S.OG. Failure by Grantee to construct, maintain and operate the Improvements in accordance with this Article ~ may render such Improvements "unauthorized structures" as defined under in TEX, NAB'. REQ. GGDF~ AI~N, ~51.30~ ~~'ernan 201 ~i upp. X003}and subject them to sanctions provided therein, ARTICLE ~I. AIgNMEI~T ~~I~1. A. Grantee shall not assign the premises ar the rights granted herein, in whole or part, to any third party for any purpose without prior written consent of the Grantor, which consent tray not be unreasonably withheld, Far purposes of this ~ectian ~,~I A, the phrase "third party" shall not include any subsidiary ar affiliate in which Grantee owns, respectively, at least a majority percentage, ar the largest plurality percentage, voting interest. B. Grantee may assign this Agreement without Grantor's consent to ~a} a parent entity, fib} any affiliate of Grantee controlled by the carne parent entity, ar ~c} any subsidiary or affiliate in which Grantee awns, respectively, at least a majority percentage, or the largest plurality percentage, voting interest, provided that, in any of the foregoing events, ~i} the resulting entity agrees in writing to assume and perform all of the terms and conditions of this Agreement, and ~ii~ Grantee provides notice to grantor of any such assignment within thirty ~0} days of such assignrrient, In the event of such assignment, it is understood arrd agreed by both grantee and Grantor that the original grantee remains liable to Grantor under all terms and provisions of the Agreement. ~. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect. ~v1~87~2D7 5 , .. _ , :.: me new pipelin~,~ocv. 1,~ fielder ~ ~ . D. This pra~visian and the prohibition against unauthari~ed assignments contained herein shall survive expiration ar earlier termination of this Agreement. For purposes of this Agreement, an assignment is any transfer, including by operation of law, to another of all or part of the property, interest or rights herein granted ARTIgI~E III. PROTECTION OF NATURAL AND HISTORICAL RESOURCES 7.01. with regard to all activities authorised herein, grantee shall use all reasonable best efforts to. {i} prevent pollution of air, ground, and water in and around the Premises, and ~ii~ to protect and preserve natural resources and wildlife habitat. Grantee shall carnply with all applicable rules and regulations of the general Land Office, the School Land Board, and other governmental agencies responsible for the protection and preservation of public lands and waters, natural resources, ar~d wildlife habitat, In the event of a pipeline incident that is reportable to the U~S. l~epartrr~ent of Transportation, the General Land Office, or the Railroad gomn~ission of Tea~as for any other applicable regulatory agency} that may result in pollution of the Premises ar adjacent property, grantee shall notify the grantor immediately upon discovery of such incident, use all means reasonably available to recapture any pollutants which have escaped ar may escape, and mitigate far any and all natural resource darr~ages caused thereby, 7,4~, GRANTEE YS HEREBY EXPRESSLY NOTIFIED OF THI1 NATIONAL HISTORICAL PRESERVATION ACT OF 19F~, APB-89~6G, 80 TAT, 915, l6 U.S,G.A, ECTIUN 474, ET. SEQ.} AND THE ANTIQUITIES I~I~DE, [TITLE 9, DRAFTER 191, TEX, NAT. RES. CGDE ANN, ~VIi1RNON X401 & SUPP, ~OD3}]. IN CDNFURNIANCE V4~ITH THESE LAwS, IN THE EVENT THAT ANY SITE, FGUNDATION, BUILDING, STRUCTURE, LOCATION, GBdECT, ARTIFACTS ITEM OR OTHER FEATURE OF ARCHEOLQGICAL, SCIDNTYFIC, EDUCATIONAL, CULTURAL OR HISTORIC rNTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORISED BY THIS EASEMENT, GRANTEE SHALL I]VIMEDYATIILY CEASE ANY A1~D ALL ACTIVITIES, AND NOTIFY THE COMMISSIONER OF THE GENERAL LAND OFFICE AND THE TEXAS HISTORICAL COMMISSION, PO BOX 1~~76, AUSTINy TI+IXAS 78711, SG THAT APPROPRIATE ACTYON MAY BE UNDERTAKEN TG PROTECTOR RDCOVER SUCH DISCOVERII~~S OR FINDINGS, AS APPROPRIATE. IN THE EVENT THAT GRANTEE I REQUIRED TO CEASE ACTIVITIES, THE GRANTOR SHALL NOT BE LIABLE FGR ANY COSTS OF GRANTEE, GRANTEE'S AGENTS, EMPI.OYI~ES, CONTRACTORS, SUBCONTRACTORS OR ANY OTHER PERSON GR ENTITY AS A RESULT OF ANY INTERRUPTION 1~F GRANTEE'S ACTIVITIES OR INABILITY TO USE THE PREMISES AS HEREIN CONTEIVIPLATED, ARTICLE ~'Z~r. INDEMNITY 8,01, GRANTEE SHALL BE FULLY LIABLE AIYD RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE, ARISING OR RESULTING FRONT OR ATTRIBUTABLE TO GRANTEE'S USE GRANTED HEREIN OR THE ACTS UR OMISSrONS OF GRANTED, YTS AGENTS OR CONTRACTORS RI+~LATIiD TO GRANTEE'S EXERCISE OF THE RIGHTS GRANTED HEREIN, GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE GRANTOR, THE GRANTORS OFFICIi1RS, AGENTS, AND EMPLOYEES, HARIVILESS FROIN AND AGAYNST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY FIND, INCLUDING STRICT LIABILITY CLAIMS, COSTS OF COURT, ATTORNEY'S FEDS AND GUSTS OF INVESTIGATION OR EXPERTS} V~ITHOUT LIMIT AND V4'ITHOUT REGARD TO CAUSE OF THE DAMAGE OR THE NEGLIGENCE OF ANY PARTY, IE~CCEPT TO THE EXTENT OF THE PROPORTIONATE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE GRANTOR, THE GRANTOR'S OFFYCI{1RS, AGI{1NTS, EMPLOYEES, OR CONTRACTORS} ARISING DIRECTLY OR INDIRECTLY FRI~M OR ATTRIBUTABLE TO GRANTEE'S USE OF THE PRl#IVIIES (INCLUDING ANY ADJ~AGENT UR CONTIGUOUS LAND} OR FROM ANY BREACH BY GRANTEE OF THE TERIVIS, COVENANTS OR CONDITIONS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE E~CPIRATION OR EARLIER TERMINATION OF THIS AGRI~I+aMENT. ARTIgLE I~. DEFAULT, TERMINATION AND FXPXRATION 9,01 If, within thirty ~3D}days after receipt of written notice from the grantor specifying are act of default ar breach, grantee fails to pay any money due hereunder ar continues in breach of any term ar condition of this Agreement, the grrantar shall have the right to terminate this Agreement and all rights inuring to Grantee herein. Should grantee fail to cure the specified default or breach within the allowed thirty X30} day period, this Agreement shall be subject to termination, and upon such termination all rights granted herein to grantee shall revert to the grantor. Such Ni~87U2~7 ~ ; :: me new pipeline.d~c v. ~ .~ jf~elder . termination shall not prejudice the rights of the Grantor to collect any money due ar to seek recovery on any claim arising hereunder 9,02, Except as otherwise provided by applicable law ar rule and subject to obtaining necessary approval from state or federal agencies having applicable jurisdiction, or making best efforts to obtain such permits, grantee shall, within one hundred twenty ~ t 20} days from the date of expiration or sooner termination of this Agreement, initiate removal of all personal property, structures, and the Irnprove~nents, and shall restore the Premises hand any other property affected by such removal activities} to the same condition that existed before Grantee entered thereon. Such removal and restoration activities shall be coordinated with the General Land Office in accardance with guidelines in effect at the time of rernovalJrestoration which may include, without limitation, specific removal techniques required for protection of natural resources and mitigation or payment in lieu of mitigation for any and all damages resulting from removal activities, all of which shall be in accordance with generally accepted current pipeline industry standards using available technology. Grantee shall notify the Grantor at least ten ~1 ~} days before commencing remavallrestarationactivities sathat aGeneral Land Office field inspector may be present, ARTICLE ~, NOTIGE I ~.~ I .Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall either delivered by hand, by facsimile, ar sent by United States first class mail, adequate postage prepaid, if for the Grantor to Deputy Ga~nmissioner, Professional Services, addressed to his attention, I ADO North angress Avenue, Austin, Texas 7501-1495, FAQ. ~~ I2} ~~~-504, and if for Grantee, to it at PO fox 9277, carpus Christi, T~ 75469-927?, and FAQ: X361} 526-~5~1~. Any pates address rrray be changed frarr~ time to time by such part}r by giving notice as provided above, except that the Premises may not be used by Grantee as the sole notice address. Na change of address of either party shall be binding an the other party until notice of such change of address is given as herein provided. 10.02. Eor purposes of the calculation of various time periods referred to in this Agreement, notice delivered by hand shall be deemed received when delivered to the place far giving notice to a party referred to above Notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of ~i} actual receipt as indicated an the signed return receipt, or iii} three ~}days after pasting as herein provided, ARTICLE XI. INFORMATIONAL REQUIREMENTS 1 I , O t , A. For newly constructed pipelines, Grantee shall submit to the Grantor, within one hundred eighty ~ 180} days following installation ar construction of the Improvements authorized in this Agreement, an ~'as-built" survey and field notes prepared by a surveyor duly licensed by the Mate of Texas. The as-built survey shall b conducted in accardance with the grantor's survey requirements attached hereto as Exhibit ~. Failure or refusal by grantee to timely provide the as-built survey when due hereunder and the continuance of such failure for thirty X30}consecutive days aver the receipt afthe Grantor's written notice to Grantee specifying such failure maybe treated as a default by grantee hereunder and the Grantor may, in addition to any other remedy and in the Grantor's sole discretion, terminate this Agreement and require removal of any personal property and the Improvements located an the Premises in accordance with Section 9.02 of this Agreement, B, Upon receipt of the as-built survey, prepared in accardance with this Section 11,01, the Grantor shall compare the as-built survey with the proposed location of the Improvements, as represented by Grantee's application to the Grantor and set forth in Section 2.01 hand referenced Exhibits} hereof, If there are changes or discrepancies in the location of the Improvements authorized by this Agreement, the Grantor may either terminate this Agreement, or; ~i} upon determination that the changed location results in unacceptably adverse impacts, require relocation of the Improvements to conform to the authorized right of way, or iii} upon determination of na unacceptable adverse impacts, agree to replace Exhibit E attached hereto with a substitute exhibit denoted as Exhibit ~- I . The substitute exhibit shall be consistent with the as~built survey and signed by bath parties. Upon attachment of Exhibit B-1 hereto, Exhibit ~ shall be void and of na further effect, ME870~~7 ~ m~ r~ew pipeline.docv, l,~ jf elder Yf all or any part ofthe Improvements are buried, Grantee shall submit to the Grantor, within one hundred eighty X150} days fallowing installation or construction of the Improvements, a survey which includes coordinates, ar at Grantor's option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas, The survey shall be conducted in accordance with the Grantor's survey requirements attached hereto as exhibit Failure or refusal by Grantee to timely provide the survey when due hereunder and the continuance of such failure far thirty X30} consecutive days after the receipt of the Grantor's written notice to Grantee specifying such failure maybe treated as a default by Grantee hereunder and the Grantor may, in addition to any other rernsdy and in the Grantor's sole discretion, terminate this Agreement and require removal of any personal property and the Irriprovsments located an the Premises in accordance with Section x.02 of this Agreement 11,02. A, Grantee shall provide written notice to the Grantor of any change in Grantee's narr~e, address, or legal status {from a corporate entity to a partnership, etc}and any change to other information required by this Agreement within thirty X30} days ofthe effective date afthe change. B, Grantee shall provide to the Grantor any other information reasonably requested by the Grantor in writing within thirty ~~~} days fallowing such request. C. If any inforn~atian required to be submitted within a certain time under the terms of this Agreement shall not be received by the Grantor an ar before ten { 10} days after the date when due, after notice to Grantee and opportunity to cure, then, at Grantor's discretion, Grantee may be required to pay the Grantor a "Late charge" not to exceed Gne hundred Dollars {$100.00 far each day so past due until the date an which the information is received or the Agreement 15 terminated. 11,03. Except with regard to initial vanstructionlinstallation of the Improvements and emergencies, prior to conducting any activities at the Premises which may materially impact natural resources in ar around the Premises, Grantee shall provide written notice to the Grantor describing the proposed activities in detail and any procedures which will be usad to protect natural resources. Such notice shall be provided by Grantee to the Grantor at least sixty {GO} days prior to conducting rs-burial activities, and at least thirty {30} days prior to conducting major repairs, modification, or other activities. Grantee ~rcknowledges and agrees that the Grantor shall have at least twenty ~~0} days following receipt of the notice to review the proposed activities and to in~pase specific conditions for conducting such activities which, in the Grantor's sale determination, are necessary to protect natural resources or to mitigate for actual damages to natural resources, If the Grantor has not provided notice to Grantee within twenty ~~0} days fallowing receipt of Grantee's native, the Grantor is deetued to have approved, subject to the terms of this Agreement, the proposed activities to be conducted at the Premises. In case of emergencies, Grantee may undertake all actions necessary to prevent imminent injury or darrxage to public health, safety ar welfare, andlor to protect natural resources, and Grantee shall undertake any such actions as are, in the pipeline industry, ordinary and commercially reasonable responses to such emergencies. Within twenty-four {24} hours following such emergency actions, Grantee shall provide notice to the Grantor of such actions as hereinabove provided, ARTICLE ~7Y. NIISCELLANEG~JS PRG~IIGNS 1.01. with respect to terminology in this Agresrnent, eavh number {singular ar plural} shall include all numbers, and each gander ~ma1e, female or neuter} shall include all genders, If any provision of this Agreement shall ever be held to be invalid ar unenforceable, such invalidity or unenfarceability shall not affect any other provisions of the Agreement, but such other provisions shall cantinas in full farce and effect 12.~~. The titles of the Articles in this Agreement shall have na effect and shall neither limit nor amplify the provisions of the Agreement itself, This Agreement shall be binding upon and shall accrue to the benefit of the Grantor, its successors and assigns, Grantee, Grantee's sucves~ors and assigns {ar heirs, executors, administrators and assigns, as the vase may be}; however, this clause does not constitute a consent by the Grantor to any assignment by Grantee, but instead refers only to thane instances in which an assignment is hereafter made in strict compliance with ME87~20? g t r 1 : t ~ _ _ me new pipeline.d~cv,1,0 jfielder :~ Article I above, or in the case of a deceased natural person grantee, refers to the instances previously referred to in this sentence and also circumstances in which title to Grantee's interest under this Agreement passes, after the demise of Grantee, pursuant to Grantee's gill or the laws of intestate succession. The words "hereof," "herein," „hereunder," "hereinaer" apd the like refer to this entire instrument, not just to the specific article, section or paragraph in which such words appear. 12.~~. Neither tender nor acceptance of any sums payable hereunder par failure by either party to complain of any action, pan-action ar default of the other shall constitute ~ waiver as to any breach of any covenant or condition captained herein nor a waiver of any of the rights hereunder. 'Waiver by the Grantor of any right far any default of Grantee shall pat constitute a waiver of any right far either a prior ar subsequent default of the same obligation ar far any prior or subsequent default of any other obligation. Na right ar remedy of either party hereunder ar covenant, duty ar obligation hereunder shall be deemed waived by the other part~r unless such waiver be in writing, signed by a duly authari~ed representative of the party. ] il.o l r No provision of this Agreement shall be construed in such a wa~ aS to constitute the Grantor and Grantee joint venturers or ca-partners or to make Grantee the agent of the Grantor ar make the Grantor liable for the debts of Granteer 12~a5. In all instances where Grantee is required hereunder to pay any sum or da any act at a particular indicated time or within an indicated period, it is understood that time is of the essence, ~ 2.~b. `Fhe terms of this Agreement shall only be binding an the Grantor during the period of its ownership of the Premises, and ire the event of the transfer of such o~rnership interest, the Grantor shall thereupon be released and discharged from all covenants and obligations therea~er accruing, but such covenants and obligations shall be binding during the Agreement term upon each new owner for the duration ofsuch owner's ownership. 12,a7, All monetary obligations of the Grantor and Grantee including, without limitation, any monetary obligation far damages for any breach of the respective covenants, duties or obligations of either party hereunder} are performable exclusively in Austin, Travis County, Texas, 1 ~,aS. The obligation of Grantee to pay all Consideration and other sums hereunder provided to be paid by Grantee and the obligation of Grantee to perform Grantee's other covenants and duties under this Agreement constitute independent, unconditional obligations to be performed at all tunes provided for hereunder, save and except only when an abatement thereof ar reduction therein i expressly provided for in this Agreement and not otherwise. Grantee waives and relinquishes all rights which Grantee might have to claim any nature of lien against, or withhold or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the Grantor by Grantee, Grantee waives and relinquishes any right to assert, either as a claim ar as a defense, that the Grantor is bound to perform or is liable for the nonperformance of any implied covenant ar implied duty of the Grantor not expressly set forth in this Agreement. 1 x.09. Subject in all respects to Section 1 ~,U 1 of this Agreement, this Agreement is and shall be subject to any applicable federal or state law, rule, order, ar regulation presently ar hereafter enacted ar adapted to the extent, but only to the extent, that such law, rule, order, ar regulation preempts ar supersedes Grantor's authority to issue this Agreement ar to require any particular obligation of Grantee, provided, however, that in the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land office andlar the School Land Board, this Agreement shall control. ARTICLB ~I~7, R.I~CGRDING t x.01. Grantee shall, at its sole cost and expense, record this Agreement in the Nueces County Real Property Records and provide a file marked copy to the Grantor within ~0 days after the recorded original of this Agreement is returned by the county clerk responsible for such records. M~87~2~7 ~ . , me new pipeline.docv.l.0 j~elder . A~TILE ~i'~. ET~RE AGREEMENT I4.~ l .This instrument, including exhibits, constitutes the entire agreerrxent between the rrantor and Grantee and no prior written, or prior or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended, changed, altered, or extended except by written instrument signed by all parties hereto 14.02, This Agreement shall become effective only upon execution by all parties hereto and delivery of a fully executed counterpart to each party. ME870~~7 ] ~ ~ .: i me new pi~eline.doc v.1.~ jf elder 1N T~T~NiONY wHEF, witness our hands and the seal afthe General hand Office. RA Ca~ .mis~io ~ ,.enerai Uand office -`,,~ _ - y ~ ,r ~ -, - -• ~V - A Date. . APPRO~~D: Contents; Legal: beputy: Executive: ACKNOWLEDGMENT STATE OF § ~~~~ -~~ ~ ~~U~ ~~- veror~~a ocai,as Assistant Ct1y Attorney For City Attorney COUNTY ~F ~ 1 ~ This Instrument was ackno~rieded before me on the day of , 2~ ~~ ~ ~~ r ;~114111~+ pp ~~ii '- '~~~~'~* MY ~OMMI~S~aN E~(~~R~a ~ 1' ,: ''Y ' NOV9f1'1~~~, 1f a-.. , ARAN EE; CITE ~F URFU ~ITX By: V ~Frin# N me} . . Title; ~at~, ~~ ataxy Public, State of y commission expires; ~~rf~r~natiorz c~~~ec~ed by e~~c~ro~ric ~ai~ ar~d ~y web fora r`s subject ~~ t1~e Public ~nforrr~a~io~ ~4c~, Chapter ,~5~, Coverrtr~e~rt Cade. ~lE$70~~7 ] ] - - me new pipetine.docv.l.0 ~~~ j~e~der Y Exhi~~t A MES7~~0~ VI~IN~TY MAP ~~ ~RE~K, ~UECE ~UN'~Y, TEXAS 4# aF }z - - ~yc'} ~~ 3~ iL ' f -. [ ' .~ .~{:3'~fr' r'a~ : ~~~} ~ r~.~ . K ~ ~:~~ ~~ JAY>~ 'f~~~-'i~~$ :tii° ' i1't; •r: ':f `.~ +~' 1? ~'~ y,• z r~~r~a~ ta'`~ ~~ y `~ fiv. !r' 'i'`'~-'~- ~ r' '~+i~i .,v,.':~t:"•s :'7r :~'+~'!s : t'~ '~~ 4l~ki'{iM[, t r3ir•~s~.'rI ~~ '•r17.' 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I °so cR~~~ L~r i ~~ ~~~~V ~7 `r~f{ ~+7r~ * r~I~Q ~ ~~~~~r~E,~r o~ ~~~ME~~~~ ~A~1R~~.~ ~~v~c~ ~w~ r~ ~ w~v~ ~~s~~+~~r -~co~ns~r~o~u F~~4R+^nu~+ T i ' . 1 { ~~~ ~~CR~RrE~~: PR~,~ECT: ~~~~~N 3~ 1 r 1 !~ • i I ! , ~ ' Exhibit C Instructions for Preparing Exhibits ME870207 for the following General Land Office Applications: Miscellaneous Easements (Pipeline) Maps far plats showing the location of proposed and as-built projects on state-owned lands are required as part of the General Land Office ~GLO} application process. The fallowing instructions are to be followed when applying far new work proposed project}, ar far reporting as~built conditions far a previously approved project, when the activity is a Miseellnneous Easement ~PipelinelRight-of wa~+} on state land, The information specifted below represents minimum requirements of the GLO; additional information may be requested on a project-by+project basis to facilitate a full evaluation ofthe proposed activity Tine information should be submitted along with the required application farm and processing fees, Each map ar plat must conform to the specifications contained herein, An application is not considered complete, and processing of the application will not be initiated, until all information requested has been submitted and GLO staff has determined that it is adequate, NOTE; Surveys and survey plats required by other entities, Federal, state, County and~or City, are PERMI~IBLE and UAI~LE far LO applications provided they meet the fallowing requirements, IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INF~RMATI~N IN GNE GF THE FQLLI~VI~ING FGRIVIATS; 1, In an ERI format ~i~e. Shape file,l1~D, or Geodatabase} 2, AutaDeslC Map b ar earlier version in a p format, . And Projection Infarma~ion of the dada yet ~nhmikted. A. GENERAL INSTRUDTIGNS FGRALL APPLII~ATIGNS: t ~ Each map ar plat should be 8-112" x 1 ] ". ~. A one-inch margin should be left at the top edge of each sheet far binding purposes, 3. Any shading used to identify specific areas roust be reproducible ~ ordinary copy rrrachines. 4. Each map ar plat submitted must have a title block identifying, at a minimum: ~a} applicant name; (b} applicant address; ~c} project name; ~d} date of preparation; fie} name of preparer, and ~~ project location as follows: ~l} if an state~owned u 1u~, then provide county, survey name original grantee} and, as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number; ~2} if an submerged land, then provide county name, waterbady name, and state tract number 5 F The scale far each map or plat must be clearly indicated both digitally and by graphic scale. d~ Vicinity Maps -- Exhibit A for each project application must be a Vicinity N1ap showing the general location of the proposed work. The Vicinity Map must be produced using a U,,G., 7,-minute topographic map, a Texas 1]epartment of Transportation County Road Map, or navigation chart as its base layer. The project location should be indicated by a prominent arrow on the map, An $ 112" x 11" Xerox copy from the original Topo, county map, ar navigation chart showing the project location is sufficient, It is oat necessary to submit the entire Tapa ar county map, sa ]nog as the map is appropriately identified as to the origin ofthc base information ~e,g,, Hama, and date ofbase map information used}, This is roast easily accomplished by copying the legend of the base snap and making it part of the Vicinity Map. ,ref t ~ 4~r~'~~+~ 1 ?, SPraject bite Map ~- Exhibit B fir each` project application should be a Project bite Map din purvey flat format} which provides specific project location information. The Project Site Map should be produced at sufficient scale and detail to enable field inspectors to locate the project on the ground with minimal difficulty. Demographic features such as read numbers, stream names, railroad crossings, corporate city limits, and other prominent locative features should be included on the Project Site Map. The project location should be indicated by a prominent arrow on the map and a North arrow must be provided. Annotation Wray be included an the map regarding distance of the project from known paints ~e~g., highway intersections, road stream crossings, etc,}, Addi#ional requirements for preparing Project bite 11~aps are provided in ~ectian B of This document. 8. Detailed Project Flan -- Exhibit C for each project application should be a Detailed Project Plan, consisting of an aerial plan- view drawing and a cross~sectianal drawing of all proposed ar existing structures an stateawned lands at the project site, Page 1 afthe Detailed Project Plan should contain, at a minirnurn; a, Location of the shoreline or banks if the project is on ar adjacent to tidally influenced waters or crosses a state-owned river, stream, creek, ar bayou. b, The direction of ebb and flaw if in ar adjacent to tidal waters, ar the direction of water flaw if the project crosses a river, creek, stream, ar bayou. c. A North arrow. d. The location of state tract lines fan tidally influenced lands},survey lines, or propertylines, as applicable, e. The location of any marshes, submerged grass flats, oyster reefs, mud or sand flats, or other sensitive naturaUcultural resoumesknown toexist inthe prajectarea. f, The lines ofinean high water and mean law water when applicable. g. The Detailed Project Plan cross-sectional drawing must include natation as to the outside diameter ADD} of all pipelines covered by the easement, and the relationship of the pipelines} to any other pipelines} in the immediate vicinity, h, The registration, easement, ar lease numbers far any structures at the site previously authorized by the LLD available from LLD field offices upon request}~ i~ Any applicable harps of Engineers application numbers covering the prapased work, as scan as that application number is available, but, in any event, prior to issuance of the easement, Page ~ afthe Detailed Project Plan should contain, as applicable, an explanation ofcanstruction methodology, techniques, and equipment that will be used at the siteF 9. As->3uilt purvey -- A survey showing the depth of burial must be furnished far all projects on state-owned tidally influenced lands Gulf of Mexico} bays, estuaries, etc,}, crossings ofstate-owned riverslstreamslcreekslbayaus. The survey shall show plan view only for projects on state-awned upland tracts. Failure to provide this information is, by terms of the state contract, grounds far termination ofthe easement and rernaval ofthe structure from statoawned land New Pipeline Installations: Each application far installation of a new pipeline roust include with the application a profile drawing showing the rp o~ depth of burial at oat fewer than 3d" below the surface, FLU will issue an easement using the rp oposed ~Ow and depth of burial information Following installation of the pipeline, however, the applicant is required by terms of the LLD contract to provide a survey of actual burial depth measurements far that portion of the RDw length occupying state-owned land. The spacing between depth-af burial measurement paints is a function of the length of RDw~ If the easement length is less than SOD feet, the depth of cover of the structure and waterway bottom elevation sha11 be determined at intervals not to exceed 5~ feet, If the easement length is greater than 5~~ feet but less than S,ODO feet the interval between measurement points shall be 1 ~0 feet, Easements greater than ~,0~0 feet in length shall be surveyed at ~~U-foot intervals, A]1 work shall be performed under the supervision of, and sealed by, a registered public land surveyor. All submitted drawings must be sealed by the supervising registered public land surveyor. All elevations must be referenced to a common datum Mean lea Level, National ~eadetic Vertical Datum, Mean Law water, etc.} and grid coordinates must reference Texas state Plane coordinate system of 1 ~Z? art 983 ~ The accuracy of the waterway bottom and pipeline elevations shall be +I- one-half ~,5'} feat for the waterway bottom and +J- one-half ~~.~'}feat far depth of burial less than ar equal to 10 feet and ~-f' fifteen ~ 15°fo}percent for depth of burial greater than ten ~ 1 a} feetF iVlanual probing and electronic rrreans both active and passive} of survey type shall be acceptable for depth of burial determinations. i~xisting Pipelines: At time of renewal of a contract for an existing underground pipeline easement, provide the data as required under section 3,02,~iv} of this easement contract. k ~ ' f ~ * C~RTIFIATII;~N B'~ A TE~~E T, ERED PU~,,,-L~„U~EYOR Z~ ~L~~IIRED ~N ALL OP THE FDLLOwIN~ wITH THE E~EPTII~N ~F ~IREC'TIONALL~ DR~LLED'wELL BODE LAGS . ~, P~IFI~ INTRl1TI~N: Maps or Survey Plats to be submitted as the Project Site Map andlar the Detailed Project Plan see A7 and ~ above} must contain the information described below, Upland survey data should be reported to normal boundary land surveying minimum standards, Offshore or submerged sates shall be located to a specified accuracy of -~I 5 feet of any reported location, ~. Pra~~ets iaeated an Tidally Yn#~uenced State-owned lands Including the Gulf of Mexico, bay tracts, and the tidally influent d portions of rivers, creeks, streams, aril bayous}: Ca~rdinates must be rovided at the be inni p g ng and ending paints of the Rights-af way ~RO~s} centerline, or an the prin~Cipal point ar paints of tracts described by other means directional weal bares, etc.}, These coordinates must be based an the Texas State Plane Coordinate System of ~ 92? ar 1983. Courses and distances must be specified as either grid ar geodetic for ail centerlines and perimeter lines, and ties must be made from specific improvements ~e,g., ~vll heads, platforms, pilings, etc,} to a carver or corners of the lease ar easement tract All submerged state land tracts crossed by any part of the ROVE must be shown and identified, and the points of each RO'~V crossing of a state-tract boundary identified in the Texas State Plane Coordinate System of 197 or 1983. The distance between crossings of a state-tract boundary must be indicated in both feet and rods on the platF As-built plats hand confirmation surveys at time of renewal} must give bearing and distance between angle points slang the easement route. In the event no angle parnts exist slang the course afthe ~Ow, the plat shall provide a minimum of one identif ed point for each l ~O~a feet of RO'S~ length, A RO'~ less than 1,~0a feet lan but rester than ~Oa feet in g g length requires one mid-point to be identified an the survey plat. Z. Projects Across State-owned Upland Property, or the state-owned portion of a river, creek, stream, ar bayou above the limit of tide! influence: a, C.i land Tract State Fee Lands Far new project applications, information provided far projects an state~awned upland tracts shall include the beginning and end paints of the easement centerline, identified by coordinates an the Texas State Plane Coordinate System of 197 ar 1983, and shall include course and distance of all segments of the proposed easement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, slang with the survey name original grantee}, anal as applicable, survey ar section number, black number, township number, subdivision name, lot ar tract number, and abstract number of all surveys abutting the easen~ent~ At completion of construction, or at time of renewal, an as-built plat or conflrmatian survey ~v~hichever is applicable} must be submitted, This plat must give bearing and distance between angle points slang the easement route. In the event na angle points exist along the course of the easement route, the plat shall provide a minimum of one identified paint for each 1,~~4 feet of length, For easement routes, fewer than 1,ODU feet long but greater than 5D~ feet long, one mid-paint shall be identified on the survey plat, b. Crassin the State-owned anion of a river creek stream ar ba au above the 1i~nit of tidal influence Information provided far projects crossing non-tidal state-awned rivers, creeks, streams, or bayous shall include an identification of the stream ar water body by local and any other names known ~histaric, from topographic or other maps, etc.}, In addition, the beginning and end paints afthe easement centerline, identified by coordinates an the Texas State Plane Coordinate ysterr~ of 197 ar 1983, and shall include course and distance of all segments of the easement centerline, Course and distance from one end of the easement to the nearest survey earner or subdivision survey corner shall be included, along with a cross section or profile of the crossing between the top of the high banks, survey name (original grantee}, and as applicable, survey yr section number, black number, township number, subdivision Warne, lot ar tract number, and abstract number of all surveys abutting the easement. :: $z~ ~~ STATE a~ TE~A~ C~1#~iTY ~~' ~l~EC~S 1 h~~~h~ ~a~tYf~ that this i~~tr~~~ent was FILES i ~ f i 1 ~ ~~~~~r~ sa ~~~c~ ~n the ~dt ~ and at the t'~e std e~ h~r~in ~ ~e do was del RECflRI}EI~ i ~ d ~ n the Cif r~~a~ ~u~l ~r ~ec~r~s ~f N~e~e~ C~ur~ty, T~ Hd~ ~~ Y ~ + 4 ~N~ ~IAh~A T AA~RE~A NUECE~ ~pUNTY~ TEAS Rn~ At^~vis'~r~ herein r~l~lch restri~t~ the S alp Rer~t~l ~r use ~f ~h~ ~e~crzbe~ REAL ~~~AERTY be~au~e ~f ~a~~ f ~a 1 ~~~ ~~li~~ar~$ 5e~f Handir~A, Faa~ll~l Status ~r ~dta~nal Ori~irt i s ~n~al ~~ and uner~f~r~eahl~ ender FEQERAL I,AW, ~1 ~~JSS, ~ ~~ es i7 ~~~1~1~~~~ 1~;~fAl~ Cf~icial R~~~~^ds a~ ~U~CES C~~NTY ~I~~A ~'. ~~~RERA CCi~NT'~ CLERK Fees ~~~, ~~ ORIGINAL