HomeMy WebLinkAboutC2008-363 - 9/16/2008 - Approved1:9-0\no In(
MEMORANDUM OF AGREEMENT
AMONG
THE VETERANS' LAND BOARD OF THE STATE OF TEXAS
AND NUECFS COUNTY AND THE CITY OF CORPUS CHRISTI
VLB CONTRACT No. 09- 052- 000 -3409
THIS MEMORANDUM OF AGREEMENT (the "Memorandum") is made and entered into by and
among the Veteran's Land Board of the State of Texas (the "VLB "), Nueces County, Texas (the
"County "), and the City of Corpus Christi (the "City "), Nueces County, Texas.
WHEREAS, the 77th Texas State Legislature (the "77th Legislature") enacted legislation to
authorize the VLB to operate and maintain up to seven (7) veterans' cemeteries ( "State Veterans'
Cemeteries ") throughout the State of Texas; and
WHEREAS, the citizens of the State of Texas passed a constitutional amendment on November
6, 2001, to authorize funding for the planning, design, operation, maintenance, enlargement, or
improvement of State Veterans' Cemeteries; and
WHEREAS, the 77th Legislature established the Texas State Veterans' Cemeteries Committee
(the "Committee ") that is required to establish the guidelines for the location and size of the State
Veterans' Cemeteries, including site selection and eligibility requirements for burial in such
cemeteries; and
WHEREAS, the VLB will apply to the United States Department of Veterans Affairs (the
"USDVA ") for grants under the State Cemetery grants program to provide federal funds for the cost of
building the infrastructure of State Veterans' Cemeteries at locations selected by the Committee; and
WHEREAS, state law prohibits expenditure of public funds for site acquisition for a State
Veterans' Cemetery; and
WHEREAS, the Committee, through a request for proposal for donation of suitable land for one or
more Texas State Veterans' Cemeteries issued March 10, 2004 (the "RFP "), which is incorporated herein
by reference, sought proposals from interested communities and entities throughout the State for the
location and establishment of one or more State Veterans' Cemeteries; and
WHEREAS, 011 October 27, 2005, the Committee met and conditionally approved the site
submitted by the County in its response to the RFP for potential submission for the USDVA's
consideration for the location and establishment of a State Veterans' Cemetery during the VLB's 2009
2008 -363
09/16/08
M2008 -250
Veterans' Land Board
VLB Contract No. 09-052-000
Page 1 of 5
WHEREAS, the County will enter into a Purchase (Donation) Agreement with Flint Hills
Resources, L.P. (FHR) to acquire the site submitted by the County in its response to the RFP for purposes
of transferring it to the State for construction and maintenance of a veteran's cemetery;
Now THEREFORE, in consideration of the benefits to the State of Texas and to the veterans therein,
the VLB, the County, and the City enter into this Memorandum and agree to the following terms and
conditions for the conveyance of the site submitted by the County in its response to the RFP for a State
Veterans' Cemetery, and the acceptance of that donation by the VLB:
1. Upon its acquisition by the County, the County agrees to convey to the State of Texas, by and
through the VLB, all right, title, and interest in and to the Surface Estate of a tract of land
containing approximately 54.837 acres of land situated in the County of Nueces, Texas (the
"Proposed Cemetery Site" or "Site "), being a plat showing the survey of 54.837 acre
tract comprised of the following tracts of land being more or less out of a 2.158 acre tract
recorded in Document No. 2004035681, Official Public Records of Nueces County,
Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of
Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102,
Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume
1810, page 224, Deed Records of Nueces County, Texas, and this tract being out of
Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, Nueces County,
Texas, and better depicted on Exhibit A the metes and bounds description and survey,
attached hereto and incorporated herein for all purposes. Full legal title to the Proposed
Cemetery Site described above shall be conveyed to the state of Texas, by and through the
VLB, by the County, upon acquisition of the property from FHR, by way of a special
warranty deed in a form agreed to by the parties and incorporated herein for all purposes as
Exhibit B. Such conveyance shall occur within thirty (30) days of receipt of a written
request from the VLB. The Parties acknowledge that approximately 4.289 acres of
the property to be conveyed will be designated in the proposed special warranty deed
as a "no gravesite area."
2. The County shall provide, through San Jacinto Title Services of Corpus Christi, L.L.C.
(the "Title Company "), an owner's policy of title insurance covering the Proposed
Cemetery site, in an amount equal to the value of the Cemetery Site as determined by an
appraisal of the property for use as a cemetery. The County shall pay the cost of the title
policy and deliver the policy to the VLB on the date of conveyance of the Proposed
Cemetery Site. In addition, the County has provided to the VLB a title commitment for the
Proposed Cemetery Site, together with copies of any and all instruments referred to in
Schedules B and C of the Title Commitment. Schedule B of that Commitment, to which
reference is hereby made, excludes from coverage several items consisting primarily of
mineral leases and easements.
3. The County represents and warrants that the Proposed Cemetery Site is within the
extraterritorial jurisdiction of the City and shall provide to the VLB, within thirty (30)
days of the effective date of this memorandum, the Global Positioning System - derived
coordinates in state plane for the northwesterly surveyed property corner of the Proposed
Cemetery Site.
4. The VLB acknowledges that the County will acquire and transfer the Surface Estate
only to the Proposed Cemetery Site.
5. The City will provide a pumping system and pipeline to the Proposed Cemetery Site
VLB Contract No. 09-052-000
Page 2 of 5
to provide Type II reclaimed water for irrigation purposes, at no cost to the VLB. The
City will not charge for the reclaimed water, but the quantity will be limited to an
average of 50,000 gallons per day at a minimum of 70 gallons per minute, delivered
to the boundary of the Proposed Cemetery Site. The Parties acknowledge that this
volume of water is subject to seasonal use fluctuations. For example, during winter
(usually a time of low demand) the volume of use will usually be reduced to
substantially less than 50,000 gallons per day. In Summer (usually a time of peak
demand) however, the volume will increase to around 100,000 gallons per day. The
VLB shall notify the City when starting construction of the State Veterans' Cemetery,
and the City will deliver the pipeline to the boundary of the site within twelve (12)
months of such notice.
6. The City will allow connection to an existing 16 -inch water line adjacent to the
Proposed Cemetery Site in Carbon Plant Road for domestic and fire water purposes.
The City hereby confirms that there is adequate firq flow at the water line. The City
agrees to install fire hydrants in the right -of -way areas adjacent to the property, if
such hydrants are required by the City's Fire Marshal. Fees for setting a meter and for
water consumption will be standard City rates. If a fire line is required on -site, the
line will be built by the VLB.
7. The County will allow an on -site treatment system built by the VLB, provided the
system meets all provisions of Texas Health and Safety Code, Chapter 366, On -Site
Sewage Disposal Systems.
8. The County provided to the VLB letters from American Electric Power (AEP) and
AT &T regarding the availability of electrical and communication services.
9. The City represents that non - public infrastructure (e.g., VLB -owned buildings,
streets, drainage, and utilities that are built on -site) plan reviews and building permits
will not be required. The City will not conduct any inspections of the non - public
infrastructure improvements.
10. The Proposed Cemetery Site is within the extraterritorial jurisdiction limits of the
City. The City will use its best efforts to annex the Site into the City of Corpus
Christi, pursuant to Section 43.028 of the Texas Local Government Code. Such
annexation procedure will commence upon transfer of the Proposed Cemetery Site to
the VLB. Neither platting nor zoning will be required.
11. The City agrees to provide the VLB notice and an opportunity to provide written
comments regarding any proposed development, zoning, and/or platting for the
adjacent City tract.
12. The County agrees to provide and install six foot (6') high chain link fences on the
north and north -east sides of the Site at no cost to the VLB. Fence will be installed
prior to commencement of construction. The VLB shall notify the County when
starting construction of the proposed cemetery, and the County will provide the fence
within five (5) months of receiving such notice.
13. The County agrees to fulfill and/or abide by all other representation, commitments,
and offers set forth in the County's Response to the RFP, which are incorporated
herein in their entirety by reference for all purposes. In addition, all Exhibits to this
Memorandum are incorporated herein for all purposes.
VLB Contract No. 09- 052 -000
Page 3 of 5
14. The VLB will use its best efforts to begin construction of the Proposed State
Veteran's Cemetery within five (5) years of the date of conveyance of the Site by the
County, and continue with due diligence until the completion of such facilities and
improvements, on or before two (2) years after commencement. Failure to commence
and continue bona fide construction activities as described above on the Proposed
Cemetery Site will subject the property to automatically revert back to the County
without the necessity of re -entry, and the conveyance will be of no further force and
effect.
15. The County agrees to pay all closing costs and expenses.
16. The Parties acknowledge that if the property conveyed herein or any part thereof is
not acceptable by, or ceases in any particular or reason whatsoever to be acceptable
to, the VLB in its sole discretion for the purposes indicated herein, the title to the
property conveyed hereby shall upon notice of such unacceptable condition in duly
recordable form to the County, automatically revert to the County.
17. The parties acknowledge further that the County hereby agrees to assign and transfer
to the VLB any covenant of FHR, a Delaware Limited Partnership, to indemnify and
hold harmless the County, its successors or assigns, from any and all liabilities,
claims, demands and expenses of any kind or nature not the obligation of the County
arising or accruing prior to the date of closing, and which are in any way related to
the ownership, maintenance, or operation of the subject property by FHR or its
affiliates, and all reasonable expenses related thereto including, without limitation,
litigation costs and attorneys' fees, but not including any matter to the extent caused
by the negligence or legal fault of the County or its employees or agents, or any
matter relating to the pre - closing inspections for the Property by the County or its
agents hereunder.
18. The County further agrees to assign any /all environmental remediation obligations
provided by FHR. The proposed environmental remediation obligations of FHR are
as follows:
(i.) As used herein, the term "Pre- Closing Contamination" shall mean soil and/or
water environmental contamination (if any) on or about the Property to the extent,
and only to the extent, that (i) such contamination existed as of Closing; (ii) such
contamination requires remediation under applicable law; and (iii) such
contamination was caused by or arose out of the activities of FHR (or FHR's
predecessors) on or in the vicinity of the Property, and was not caused or
materially aggravated by the County or County's successors or assigns.
(ii.) From and after Closing, FHR shall retain responsibility (as between Flint
Hills and the County) for remediating Pre - Closing Contamination in accordance
with applicable law.
The State agrees to environmental remediation, as follows, if the Property is re-
conveyed or reverts to the County.
(i.) As used herein, the term "State's Contamination" shall mean soil and/or
water environmental contamination (if any) on or about the Property to the extent,
and only to the extent, that (i) such contamination existed as of the effective date
of such reconveyance or reversion of the Property to the County (the
VLB Contract No. 09- 052 -000
Page 4 of 5
"Reconveyance or Reversion Closing Date "); (ii) such contamination requires
remediation under applicable law; and (iii) such contamination was caused by, or
arose out of, the activities of the VLB on or in the vicinity of the Property, and
was not caused or materially aggravated by FHR or its predecessors, successors,
or assigns.
(ii.) From and after the Reconveyance or Reversion Closing Date, the VLB shall
retain responsibility (as between the VLB and the County) for remediating the
VLB's Contamination in accordance with applicable law.
19. The County and the VLB agree to enter into an Indemnification Agreement prior to
Closing for purposes of setting out indemnification assignment and environmental
remediation obligations of the respective parties as described in paragraph 18 above.
This Memorandum shall be effective upon the date executed by the last party. The VLB may
terminate this Memorandum immediately upon written notice to the County if: (i) the Proposed
Cemetery Site is not approved by the USDVA for the location and establishment of a State
Veterans' Cemetery; or (ii) if at any time prior to the commencement of operation of the
Proposed Cemetery Site as a Texas State Veteran's Cemetery, it is discovered or determined, in
the sole discretion of the VLB, that the site is not suitable for such purpose. This Memorandum
may be amended only by written agreement of the parties.
SIGNATURE PAGE FOLLOWS
VLB Contract No. 09- 052 -000
Page 5 of 5
SIGNATURE PAGE TO VLB CONTRACT No. 09-052-000
MEMORANDUM OF AGREEMENT FOR LAND DONATION
FOR STATE VETERANS' CEMETERY IN CORPUS CHRISTI, TEXAS
VETERANS LAND BOARD
LARRY L. LAINE, CHIEF CLERK/
DEPUTY LAND COMMISSIONER
Date of execution: @((6t 4
PAUL E. MoORE
EXECUTIVE SECRETARY
Approved:
A
Div
AGC
GC
Ch. CI
NUECES COUNTY, TEXAS
SAMUEL LOYD NEAL, JR.
NUECES COUNTY JUDGE
Date of execution:,
Approved By: Diana Barrera
Nueces County Clerk
CITY OF CORPUS CHRISTI
W
! " : ` " Y MANAGED ,
t� ' . ESc t.r T._n+erim >
Date of execution: g/ i RV
ATTEST.
<. 'OQboR-m 50 AUTHORIZLL
31' COUNCIL ...0.241 410gj
.74>.:..
SECRfrny
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
OF A
54.837 ACRE TRACT
45943
Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document
No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19
acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas,
and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of
Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810. Page
224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio
Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre
tract being more particularly described by metes and bounds as follows:
Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19
acre tract, said corner also being the southwest corner of a 1.17 acre tract recorded in
Volume 1810, Page 224, Deed Records of Nueces County, Texas, and said comer being
on the north right -of-way line of Interstate Highway 37;
Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the
same being the north right -of -way line of I.H. 37, 67.14 feet, to a found broken concrete
monument for a corner of this tract;
Thence N 57 -04-52 W and continuing with the south boundary of this tract and said
34.19 acre tract, the same being the north right -of -way line of I.H. 37, 1499.83 feet, to a
found TxDot concrete monument with a brass disk for a comer of this tract;
Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said
34.19 acre tract, the same being the north right-of-way line of I.H. 37, 400.92 feet, to a
found TxDot concrete monument with a brass disk for a comer of this tract;
Thence N 47-18-22 W and continuing with the south boundary of this tract and said
34.19 acre tract, the same being the north right -of -way line of I.H. 37, 256.03 feet, to the
southwest comer of this tract, the same being the southeast comer of said 2.158 acre tract
and said comer being the intersection of the north right -of -way line of I.H. 37 with the
proposed east right -of -way line of the Joe Fulton Trade Corridor;
Thence 14 15 -54 -24 W with the west boundary of this tract and said 2.158 acre tract, the
same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21
feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a
found TxDot concrete monument with a brass disk for a comer of this tract;
Thence 14 08-52-34 E with the west boundary of this tract and said 2.158 acre tract, the
same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, 120.00
feet, to a found TxDot concrete monument with a brass disk for a corner of this tract;
Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of-
way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to
a found TxDot concrete monument with a brass disk for an inside comer of this tract, said
comer being on the east boundary of said 2.158 acre tract;
Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right-of-
way line of the Joe Fulton Trade Condor, at 151.33 feet leave said 34.19 acre tract and
enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre
tract, in all 317.17 feet, to a set 5/8 -inch iron rod with cap for the northwest comer of this
tract;
Thence 8 88-44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91
acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with
cap for the north comer of this tract;
Page 1 of 2
EXHIBIT "k"
45943
Thence S 34.47.58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch
iron rod with cap for the northeast comer of this tract;
Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8-
inch iron rod being the notthwest comer of said 1.17 acre tract, the same being the
northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and
containing 54.837 acres of land, more or less. ,,.,,
OF
4. ••&eTpgF y.
5: P •ti•N
4 GEORGE HUSALCASA jY
Ai: • .o
iLp
Note: Bearings are State Plane Grid bearings.
Page oft
YMM1y.MN\1co#010 IMW\ISY}00.1t4.1 1121/261 057:11 PI or
SffiIBIT A
RAT MIS IUUYN
54.837 ACNE TIVtCT
AND SITE 'A
MOE COM. Rs
ROURwRY SURVEY
RIMER MOSELEY
— AMIOWns. sic.
,.� M
S M
1 yNC ° "" ®mrooprt f.
1 ihl/Y _'•T
�au>te YX[
N
a
3/208 ICS Y1R
Y 4MMYM-R
w Yw
EXHIBIT "B"
SPECIAL WARRANTY DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
WHEREAS, The Texas Legislature has authorized the Veterans' Land Board of
the State of Texas to plan and design, operate, maintain, enlarge, or improve state
Veterans cemeteries on land duly selected by the Veterans' Land Board of the State of
Texas for such cemetery sites; and
WHEREAS, Nueces County, a political subdivision of the State of Texas, has
been duly selected by the Veterans' Land Board of the State of Texas to provide one
such site for such use; and
WHEREAS, Nueces County as Grantor is ready to make one such site available
to the Veterans' Land Board of the State of Texas for the establishment within a
reasonable time of a State Veterans Cemetery.
NOW THEREFORE, Nueces County, acting by and through its duly authorized
officials, ( "Grantor "), for and in consideration of the premises stated and the obligation
of the Veterans' Land Board of the State of Texas, ( "Grantee "), hereby conveys to
Grantee the SURFACE ESTATE ONLY of the following described tract of land, situated
in Nueces County, Texas, to -wit:
Being 54.837 acres of land, more or less out of a 2.158 acre
tract recorded in Document No. 2004035681, Official Public
Records of Nueces County, Texas, and out of a 34.19 acre
tract recorded in Volume 2130, Page 84, Deed Records of
Nueces County, Texas, and out of a 54.91 acre tract recorded
in Volume 1713, Page 102, Deed Records of Nueces County,
Texas, and also out of a 40 acre tract recorded in Volume
1810, Page 224, Deed Records of Nueces County, Texas, and
this tract being out of Desiderio Martinez Survey 420, A -857,
and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract
being more particularly described by metes and bounds as
follows:
Page 1 of 7
Beginning at a found 5/8 -inch iron rod for the southeast
corner of this tract and said 34.19 acre tract, said corner also
being the southwest corner of a 1.17 acre tract recorded in
Volume 1810, page 224, Deed Records of Nueces County,
Texas, and said corner being on the north right -of -way line
of Interstate Highway 37;
Thence N 59 -22 -23 W with the south boundary of this tract
and said 34.19 acre tract, the same being the north right -of-
way line of I.H. 37, 67.14 feet, to a found broken concrete
monument for a corner of this tract;
Thence N 57 -04 -52 W and continuing with the south
boundary of this tract and said 34.19 acre tract, the same
being the north right -of -way line of I.H. 37, 1499.83 feet, to a
found TxDot concrete monument with a brass disk for a
corner of this tract;
Thence 53 -29 -10 W and continuing with the south boundary
of this tract and said 34.19 acre tract, the same being the
north right -of -way line of I.H. 37, 400.92 feet, to a found
TxDot concrete monument with a brass disk for a corner of
this tract;
Thence N 47 -18 -22 W and continuing with the south
boundary of this tract and said 34.19 acre tract, the same
being the north right -of -way line of I.H. 37,256.03 feet, to the
southwest corner of this tract, the same being the southeast
corner of said 2.158 acre tract and said corner being the
intersection of the north right -of -way line of I.H. 37 with the
proposed east right -of -way line of the Joe Fulton Trade
Corridor;
Thence N 15 -54 -24 W with the west boundary of this tract
and said 2.158 acre tract, the same being the proposed east
right -of -way line of the Joe Fulton Trade Corridor, at 1.21
Page 2 of 7
feet pass a found TxDot concrete monument with a brass
disk for a corner of this tract;
Thence N 08 -52 -34 E with the west boundary of this tract
and said 2.158 acre tract, the same being the proposed east
right -of -way line of the Joe Fulton Trade Corridor, 120.00
feet, to a found TxDot concrete monument with a brass disk
for a corner of this tract;
Thence N 65 -11 -10 E with the west boundary of this tract
and the proposed east right -of -way line of the Joe Fulton
Trade Corridor and entering said 2.158 acre tract, 72.11 feet,
to a found TxDot concrete monument with a brass disk for
an inside corner of this tract, said corner being on the east
boundary of said 2.158 acre tract;
Thence N 05 -25 -57 E with the west boundary of this tract
and the proposed east right -of -way line of the Joe Fulton
Trade Corridor, at 151.33 feet leave said 34.19 acre tract and
enter said 40 acre tract, at 293.33 feet leave said 40 acre tract
and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8-
inch iron rod with cap for the northwest corner of this tract;
Thence S 88 -44 -26 E with the north boundary of this tract, at
820.80 feet leave said 54.91 acre tract and enter said 40 acre
tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap
for the north corner of this tract;
Thence S 34 -47 -58 E with the north boundary of this tract,
1186.18 feet, to a set 5/8 -inch iron rod with cap for the
northeast corner of this tract;
Thence S 20 -59 -39 W with the east boundary of this tract, at
67.63 feet pass a found 5/8 -inch iron rod being the
northwest corner of said 1.17 acre tract the same being the
northeast corner of said 34.19 acre tract, in all 914.43 feet to
Page 3 of 7
the point of beginning and containing 54.837 acres of land,
more or less.
Note: Bearings are State Plane Grid bearings.
This conveyance is made SUBJECT HOWEVER, to the following exceptions:
All easements, reservations, restrictive covenants and use regulations shown as
exceptions to coverage in Schedule B of the Commitment For Title Insurance
furnished Grantee as part of the consideration for this conveyance, to the extent
the same are valid and subsisting; and all matters that are revealed in the survey
furnished to Grantee, receipt of which is acknowledged
Such above - described property (subject to the exceptions stated or referred to above),
together with all and singular the rights and appurtenances belonging in any way to
such property, shall hereinafter collectively be referred to as the "Property".
1. The Property is intended for use as a cemetery and has disclosed to Grantee
any and all information known to Grantor and relevant to the intended use of the
Property. Grantor specifically represents that it is not aware of any active oil, gas
and /or mineral leases which are producing from beneath and under the surface of the
land conveyed hereby that would interfere with the use of the surface of the Property as
a cemetery.
2. Grantee accepts the Property in its "AS IS" condition, without representation or
warranty from Grantor (except as expressly provided for herein). Grantee recognizes
that the Property has been used by others for certain oil and gas
exploration /production activities and that various mineral leases are listed on the title
commitment furnished on the property. Grantor has located various wells that had
been plugged and abandoned; otherwise, no drilling or other mineral exploration
operations were observed by the Grantor on the surface of the property.
3. In the event Grantor requires access to the Property after the date of this instrument
for any reason relating to environmental conditions for which Grantor is responsible for
remediating pursuant to applicable law, Grantee (on behalf of Grantee and its
successors and assigns) here grants Grantor (and its contractors) reasonable access to
the Property for such purposes, without charge. If in the future, any environmental
conditions are discovered on the Property for which Grantor is responsible for
remediating pursuant to applicable law, Grantee (on behalf of Grantee and its
successors and assigns) hereby agrees to not seek to require Grantor to conduct
remediation activities in excess of that required by applicable law. Grantee represents
that it has conducted, at substantial expense, extensive environmental studies of the
Property regarding its plans to utilize the Property as a cemetery.
Page 4 of 7
4. Use Restriction. Grantor and Grantee respectively covenant, represent and warrant
as follows:
(a.) (i.) The Property shall be used only as a cemetery and for related
governmental purposes, and in no event shall the surface estate be used for single
family dwellings, multiple family dwellings, hotels/ motels, day care centers,
educational facilities, churches (except in the case of a chapel for use in conjunction with
the cemetery), social centers, hospitals, elder care facilities, and/ or nursing homes. In
no event shall potable water wells be installed on the Property.
(ii.) No gravesites shall be located on that portion of the Property indicated as the
"No Gravesites Area" on the survey map attached hereto as Exhibit 1.
(b.) The covenants, conditions and restrictions set forth in this Paragraph
4 shall apply to and bind each and every owner of any part of the Property and
their respective heirs, devises, personal representatives, successors and assigns,
and shall operate as a covenant running with the land and passing with the title
to the Property and any part thereof.
(c.) The covenants, grants and restrictions contained in this Paragraph 4 shall
continue unless and until terminated by Grantor (or, if Grantor ceases to exist, by
Grantor's successors or assigns) and Flint Hills Resources, LP (or, if Flint Hills ceases to
exist, by Flint Hills Resources, LP's successors or assigns). Invalidation of any of the
terms and conditions of these restrictions, whether by court order or otherwise, shall in
no way affect any of the other terms and conditions, all of which shall remain in full
force and effect.
TO HAVE AND TO HOLD the above described premises, together with all and
singular, the rights and appurtenances in anywise belonging, unto the State of Texas, its
successors and assigns forever, and Grantor does hereby bind itself, its successors and
assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises
unto Grantee, the State of Texas, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by through, or
under the Grantor but not otherwise, and subject to the exceptions stated herein.
Automatic Reversion. Grantee, on behalf of Grantee and its successors and
assigns, agrees that unless within five (5) years from date of this conveyance: (i.) the
necessary governmental permits /approvals (if any) required for the use of the Property
as an official State Veterans' Cemetery have been procured, and (ii.) bona fide
construction activities relating to a State Veterans' Cemetery have commenced on the
Property then this conveyance shall be null and void and such premises shall absolutely
revert to the Grantor, without necessity for suit or re -entry by the County of Nueces or
Page 5 of 7
its successors. Upon beginning construction of the State Veterans' Cemetery, bona fide
construction activity shall continue thereafter with due diligence, until the completion of such
facilities and improvements on or before two (2) years after the date of such construction
commencement, or the Property will automatically revert back to the County, without necessity of
re -entry, and this conveyance will be of no further force and effect.
In the event of such reversion or any reconveyance by the VLB:
(i) Grantee will ensure that the surface of the Property (to the extent impacted by
Grantee or its assigns) and any improvements thereon are in a reasonable safe and stable condition;
(ii) Grantee will not allow any interest to attach that may adversely impact title in the
event of reversion or reconveyance to Grantor;
(iii) Grantor will grant Grantee access rights of the same type and for the same purposes
as Grantee granted to Grantor in Paragraph 3 above; and
(iv) the parties will reasonably cooperate in drafting, executing, and recording (upon the
request of either party) a document that would provide record notice of such reversion or
reconveyance.
IN WITNESS WHEREOF, the County of Nueces has caused these presents to be signed by its
duly authorized County Judge, and attested by it duly authorized County Clerk, at Corpus Christi,
Nueces County, Texas, this 2(1 ' day of g ptei'n be/ , 2008.
ACCEPTED: THE STATE OF TEXAS
ON BEHALF OF THE
VETERANS LAND BOARD
RRY 1. PATTERSON
OMMIS IONER, GENERAL LAND OFFICE
Chairman, Veterans Land Land Board
Date of execution: " I� u I C$
NUECES COUNTY, TEXAS
SAMUEL LOYD NEAL, JR.
NUECES COUNTY JUDGE
Date of execution re
7
ATTEST:
PAUL E. MOORE
EXECUTIVE SECRETARY
Veterans' Land Board
& Deputy f Cle ,_
Page 6 of 7
Ms. Diana T. Barrera
NUECES COUNTY CLE
STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a notary public in and for said County and
State, on this day personally appears SAMUEL LOYD NEAL, JR., known to me
to be the person and officer whose name is subscribed to the foregoing
instruments and acknowledged to me that the same was the act of the said
County of Nueces, State of Texas, and that he executed the same as the act of
such County for the purposes and consideration therein expressed, and in the
capacity therein stated
�""GIVEN under my hand and seal of office this, the aid day of
tate a- , 2008.
-n
VICKI KEACH
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 02 -20 -2010
Notary Pubic, Nueces County, Texas
Page 7 of 7
EXHIBIT "1"
METES AND BOUNDS DESCRIPTION
OF
SITE'A'
Being 4.289 acres of land, more or less, referred to as Site 'A' and being out of a 54.837
acre tract, said 54.837 acre tract being out of a 2.158 acre tract recorded in Document No.
2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre
tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out
of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces
County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed
Records of Nueces County, Texas, and being out of Desiderio Martinez Survey 420, A-
857, and Pedro Hinojosa Survey, A -850, and this 4289 acre tract being more particularly
described by metes and bounds as follows:
Beginning at the southeast comer of this tract, said comer being on the south boundary of
said 54.837, the same being the north right -of -way line of Interstate Highway 37, and
said comer bearing N 59-22-23 W, 67.14 feet, N 57 -04-52 W, 1338.92 feet, from a found
5/8 -inch iron and for the southeast comer of said 54.837 acre tract and said 34.19 acre
tract, the same being the southwest comer of a 1.17 acre tract recorded in Volume 1810,
Page 224, Deed Records of Nueces County, Texas;
Thence N 57 -04-52 W with the south boundary of this tract and said 54.837 acre tract, the
same being the north right -of -way line of IH 37, 160.91 feet, to a found TxDOT concrete
monument with a brass disk for a corner of this tract;
Thence N 53 -29 -10 W and continuing with the south boundary of this tract and said
54.837 acre tract, the same being the north right -of -way line of IH 37, 327.35 feet, to tire
southwest comer of this tract;
Thence entering said 54.837 acre tract and leaving said right-of-way line, North, 213.35
feet, to the northwest corner of this tract;
Thence N 81 -01 -39 E with the north boundary of this tract, 384.71 feet, to a comer of this
tract;
Thence East with the north boundary of this tract, 80.00 feet, to the northeast corner of
this tract
Thence South with the east boundary of this tract, 460.00 feet, to a comer of this tract;
Thence S 32 -55 -07 W with the east boundary of this tract, 114.37 feet, to the point of
beginning and containing 4.289 acres of land, more or less.
EXHIBIT 1
WON nil\a.y\MdYn• O.4Ut lj fx ILlI N at
!1
an 'ZEE 54.837 ACHE JINCT
AND SITE A
pea awn era
MOW aunty
Im1
y
rt
m
0
m
co
W
ft
N
ro
N
ro