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Home My WebLink AboutC2009-394 - 10/12/2009 - NAORIGINAL UTILITY EASEMENTS Preamble 9-0-10(qa, Doc# 2009041623 This Agreement is made on 30th day of September 2009, at Corpus Christi, Nueces County, Texas, between Nueces County, a political subdivision of the State of Texas, ( "Grantor "), and the City of Corpus Christi, a Texas Home Rule municipal corporation ( "Grantee "). Grant of Easements 1. For the consideration described in Paragraph 2, Grantor grants Grantee easements and rights -of -way over, under, along, across, and upon the described properties of the Grantor more specifically described in "Exhibits A, B, and C" attached hereto and made a part hereof as if set out in full (the "Property"). Maps showing the location of the Utility Easements together with temporary construction easements are attached and incorporated as "Exhibits D, E, and F." Grant of these easements is subject to and restricted as necessary to comply with all applicable federal and state rules and regulations concerning the spacing of utility lines. Consideration 2. These easements are granted in consideration of the Grantee's payment to Grantor of $10.00, and other valuable consideration, receipt of which is acknowledged, including the installation of effluent water line as described herein with two (2) effluent water supply stations for the benefit of Grantor and without charge to Grantor the provision of effluent water produced and available during pumping periods from Grantee's Laguna Madre Wastewater Treatment Plant at the maximum capacity available between the two effluent water supply stations of 80 gallons per minute and 48,000 gallons per day. Character of Easements 3. This instrument grants easements in gross to the dominant tenement. Location of Easements 4. The easements and rights -of -way shall be located over, under, across, and upon the following properties described land located in Nueces County, Texas, to wit: Property described by metes and bounds in Exhibits A, B, and C, attached hereto and made a part hereof by reference, and also depicted in Exhibits D, E, and F, also attached hereto and made a part hereof by reference for all purposes. 2009 -394 10/12/09 Nueces County Page 1 of 6 Purpose of Easements 5. These easements are granted for the purpose of facilitating the provision of effluent water to these Nueces County properties, as described in Exhibits A, B, & C through the installation of an effluent water line with two (2) effluent water supply stations as shown on Exhibit G. Specifically, Grantee will install two (2) effluent water supply stations shown in detail on the attached and incorporated Exhibit G. The supply stations will be installed at Station 36 +50 shown on Sheet 18 of 44 and at Station 60 +50 shown on Sheet 23 of 44, Plan & Profile Drawing Set. Installation of water line will also facilitate provision of effluent water to Naval Air Station Corpus Christi. These easements, with their rights and privileges, shall be used only for the purpose of constructing, operating, inspecting, repairing, maintaining, upgrading and removing said effluent water distribution lines with two (2) effluent water supply stations. Specifications for the water supply stations to be installed will be subject to approval by Grantor. Duration of Easement 6. These easements shall be for as long as Grantee continues to maintain and repair said water distribution lines and two water supply stations and produce effluent water from its Laguna Madre Wastewater Treatment Plant, except as set out in paragraph 14 herein. Warranty of Title 7. Grantor and Grantor's personal representatives, successor, and assigns are and shall be bound to warrant and forever defend the easements and rights conveyed in this instrument to Grantee and Grantee's personal representatives, successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property. Nonexclusiveness of Easements 8. The easements, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper. Conveyances of additional easements shall be subject to all applicable federal, state and local laws, rules, and regulations concerning the spacing of utility lines. To the extent Grantee's easements herein cross other already existing easements, as identified on Exhibits D, E, and F, Grantee represents and agrees to not interfere with the fair enjoyment of those existing easements. Page 2 of 6 Grantee's Responsibility 9. Grantee shall be solely responsible for the effluent water distribution lines installed and two water supply stations and promises to maintain them and provide all necessary repairs. Grantee shall be responsible for any damages resulting from said lines. Any work to be performed on easements by Grantee shall be done expeditiously and without delay. It is Grantee's responsibility to return the property to its original condition. Grantee is solely responsible and promises to abide by all archeological, historical, and environmental federal and state rules and regulations as well as applicable federal and state regulations regarding spacing of utility lines. Notice 10. Prior to commencing any work on easement, written notice shall be provided to the Nueces County Judge. Such notice shall not be required for emergency repair work to be performed by Grantee. Grantee will work with Grantor to ensure minimal interruptions to Grantor's operation. Temporary Easement 11. In addition to the easements located as specified in Paragraph 4, Grantee shall have the right to Temporary Construction Easements further described as 30 foot wide construction easements adjacent to the utility easements. Said temporary construction easements are to be used for working room and storage of materials and machinery during the construction phase. The Temporary Construction Easements automatically terminate upon completion and acceptance of the improvements of the NAS Corpus Christi Reuse Force Main Project, inclusive of water supply stations, by the City Engineer of the City of Corpus Christi, Texas, or his designee. Limitations 12. These easements with their rights and privileges are limited to the construction, maintenance, inspection, replacement, upgrade, and repair of water distribution lines and water supply stations. Indemnification 13. To the extent allowed by law, the Grantee agrees to protect, defend, indemnify and hold harmless the County, its officers and employees from any and all claims, demands, costs, judgments and other expenses (including attorney fees) arising from injuries to persons or damage to property Page 3of6 occurring in connection with the performance of work by Grantee, its employees, subcontractors or agents. To the extent allowed by law, the Grantor agrees to indemnify, release and hold harmless the City of Corpus Christi, its officers and employees from any and all claims, demands, costs, judgments and other expenses (including attorney fees) arising from injuries to persons or damage to property occurring in connection with Grantor's operation of the two effluent water supply stations which Grantee is installing for Grantor's use and benefit; and Grantor's use of effluent water as supplied by Grantee for Grantor's use and benefit. Termination 14. The easements, along with their rights and privileges shall terminate when the purpose of the easements, as described in Paragraph 5 of this Agreement, cease to exist, is abandoned by Grantee, becomes impossible of performance, or upon action of the Nueces County Commissioners Court terminating said easements. Failure to Perform 15. Should Grantee fail to perform any covenant, undertaking, or obligation under this Agreement, all rights and privileges granted to Grantee by this Agreement shall terminate, and this Agreement shall be of no further force or effect. Rights Reserved 16. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement areas described in paragraph 4 of this Agreement, including but not limited to use of the surface for purposes of a roadway. Entire Agreement 17. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representation or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Assignability and Binding Effect 18. This easement shall be assignable with the written approval of the Grantor, which approval shall not be unreasonably withheld. This agreement shall bind and inure to the benefit of the Grantee and any Grantor - approved successor and assigns and to the benefit of the Grantor and the Grantor's personal representatives, successors, and assigns. Page 4 of 6 Executed this 30th day of Sept embe, 2009, at Corpus Christi, Nueces County, Texas. GRANTOR NUECES COUNTY, TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 7 " 3 0 , 2009 by Samuel L. Neal, Jr., as County Judge of Nueces County, Texas, in said capacity and on behalf of said entity. ' ,�0t. \,p,1Sgqc�1 / .. _A-- � ..s, Q•z I . • „J...., B0Z \ y Q — [Seal[ OF ,‘f'i -i • • FXPtRe.7 / `�� Non, inowo ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on f:�/i� /0..... , 2009. Notary Public in and for the State of Texas GRANTEE CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Pedro Anaya, P.E. Director of Engineering Services Page 5 of 6 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on � %s %�` , 2009 by Pedro Anaya, P.E., as Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] feii r . tary Public in and for the St "" EUSEBIO GARZA, 111 ''= MY COMMISSION EXPIRES February 14, 2013 APPROVED AS TO LEGAL FORM, THIS MIA"' DAY OF 0C,� , 2009. By: FOR THE CITY ATTORNEY Veronica Ocanas, Assistant City ttorney CITY LEGAL DEPARTMENT Page 6 of 6 LN'V ENGJNEER1$G ENOrtiti i 0144110T3 001 it sviitDnitlCCit, al 01* 3110 •erpus•ChYlalli Texas 70409 Phone: (a99) 88340$4 pax: (3131) 131334986 Parcel No. 3 NASC-C Effluent Reuse Force Main recorded ed description for 0.584 37, et acre tract s County Texas Map Map Recn dss,, said b S %4 crettra t of land recc�rdc'd In 'ualuixie 33. Page 37, q being snore pnrthetlisrly described by metes And bounds and as 'follows: Beginning at a point in Southwest boundary line of a Manes County 10 acre tract of .land, recorded in Volume 1645, Page 38, salueces County, 'Texas Warranty Deed Records and in the Northeast line of a 70 foot wide Drainage and Central Power & Light Easement recorded in Volume 290, .Page 185 & Volume• 650, Page 123, •1N(itecos County 'i'exas Deed Records, and from whence the inost Northerly corner of a 1.6 acre Central Power & Light tract of land• described in Volume 263 l'age 337, Nueces Comity, Texas Deed Records, bears North 6-1!4P-50" West, a distance of286.87 feet; Thence Soutb 61-- 11' -50" East, a. distance of 20.0:1 feat to a point for a corner of the tract herein described; Thence in a general Southwesterly direction, with the .following calls; Thence South 27 °- 19' -47" `West, a distance of 6:65 feet; Thence South 26 °- 38'40" West, a distance of 58:23 feet; Thence South 37%0}P-29P West, a distance of 133.52 feet; Theme South 44 °-144-56 °' West, a distance of 50.09 feet; Thence Soutb 32 0- 08'41" West, a distance of 191.92 feet; Thence South 28 °-02' -00" West, a distance o1524..17 feet; Thence South 61 °- 11' -50" East, a distance of 278.10 feet; Thence South 29 °- 02' -00" West, a -distance of 30.00 feet to a point in the Northeast line of Peoples Baptist Church of Corpus Christi TX, recorded in Document No 1098023493, Nueces County, Texas Official Public Records, for the .most Southerly corner of the tract therein described; Thence 'North 6P-1V-511" t e t to West, with the a corner Northeast of the tract herein ele oils I Baptist Church of Corpus Christi TX, a distance of point Thence North' 29- 02' -00 "" East, a distance of 10.00 feet to a point for an interior cooler of the tract herein described; Thence North 6:1 °- 11' -50" West a distance of 277.75 feet to a point for the most Westerly corner of the tract herein described; Thence in a general Northeasterly direction, with the following calls_ Thence North 28 °-02'-00" East, a distance of 544.12 feet; PAGE 1 OF 2 EXHIBIT A Thence North 32 °- 08' -11" East, a distance of 194.72 feet; Thence North 44 °- 04' -56" East, a distance of 50.97 feet; Thence North 37 °- 0S' -29" East, a distance of:130,47 feet; Thence North 26° ,38'40" East, a distance of 56:11 feet; Thence North 27 °49' -47" East, a distance of 7.29 feet to the Ptiint of Beginning; Containing more or less 00.58-4 acre (25,450.10 square feet) of land. Togethor with a 30 foot - Temporary Construction Easement (TCL) located North and East of-and adjacent to the North and Exyt line ofthe 20 foot-permauent easement, TCE consisting of more or Jess 0.877 acres. Bearings are based on Texas State plane (NAD 83) Zone 4205. State of Texas County ofNuecea 1, iloracio Oliv Prat, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers b'r Consultants; do hereby certify that the foregoing Field Note Descripiiorrwas prepared front inforrnatiou of record and from a. survey made on the groturd under niy direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a .Category 1-A, Land Title Survey. This the Of day of 2009. Bernd° Oliveira State of Texas License 14o. 3415 PAGE 2 OF 2 EXHIBIT A LNV ENGINEERING ENGINEERS & CONSULTANTS 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Phone: (341) 883 -1084 Fax (361) 8834988 Parcel No. 4 NASCC Effluent Reuse Force Main Field note description for a 0.397 acre irregularly shaped tract eland out of a 10.0 acre tract of land in the name of Nueces County, recorded in Volume 1645, Page 38, et seq. Nueces County, Texas Deed Records, said 0.397 acre tract of land being more particularly described by metes and bounds and as follows: Beginning at a point in the Northeast line of a 70 foot wide Drainage and Central Power & Light Easement, recorded in Volume 290, Page 185, & Volume 650, Page 123, Nueces County, Texas Deed Records, from whence the most Northerly corner of 1.6 acre Central Power & Light tract of land described in Volume 263, Page 337, Nueces County, Texas Deed Records, bears North 61'- 11' -50" West, a distance of 286.87 feet, for the most Westerly and beginning corner of the tract herein described; Thence North 27 °- 19' -47" East, a distance of 499.29 feet to a point for a deflection comer of the tract herein described; Thence North 28 °- 09' -33" East, a distance of 116.25 feet to a point for the most Northerly corner of the tract herein described; Thence South 61 °- 11' -50" East, a distance of 203.39 feet to a point for an interior comer of the tract herein described; Thence North 28 °- 26' -30" East, a distance of 44.61 feet to a point in the Northeast line of said 10 are tract, for a corner of the tract herein described; Thence South 61041' -50" East, a distance of 20.00 feet to a point for the most Easterly comer of the tract . herein described; Thence in a general Southwesterly direction, the following calls: Thence South 28 °- 26' -30" West, a distance of 64.61 feet; Thence North 61 °- 11' -50" West, a distance of 203.29 feet for an interior comer; Thence South 28 °- 09'43" West, a distance of 95.88 feet; Thence South 27 °- 19' -47" West, a distance of 499.66 feet; Thence North 61'- 1l' -50" West, a distance of 20.01 feet to the Point of Beginning. PAGE 1 OF 2 EXHIBIT B Containing more or less 0.397 acre (]7,270.05 square feet) of land. Together with a 30 foot Temporary Construction Easement located South and East of and adjacent to the South and East line of the 20 foot permanent easement, TCE consisting of more or less 0.495 acres. Bearings are based on Texas State Plane (NAD 83) Zone 4205. State of Texas County of Nuecea 1, Horacio Oliveira, a Registered Pmfessionat Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category I-A, Land Title Survey. This the 2 /4r day of .. t /y 2009. Horacio Oliveira State of Texas License No. 1415 PAGE 2 OF 2 EXHIBIT B LNV ENGINEERING ENGINEERS A CONSULTANTS 801 Navigation, Suite 300 Corpus Christi, Texas T8408 Phone: (361) 883.1984 Fax (361) 8831088 Parcel No. 5 NASCC Effluent Reuse Force Main Field note description for a 0.304 acre tract of land out of the Nueces County, Held Industrial Tract, recorded in Volume 33, Page 37, et seq. Nueces County Texas Map Records, said 0.304 acre tract of land being more described particularly by metes and bounds and as follows_ Beginning at a point on the Northeast boundary line of a 10 acre tract of land in the name of Nueces County recorded in Volume 1645 page 38 of the, Nueces County, Texas Warranty Deed Records, for the most Westerly comer of the tract herein described from whence th most Northwesterly corner of said 10 acre tract, bears North 61'11' -50" West, a distance of 270.00 feet; Thence North 28 °- 26' -30" East, with the Southeast line of Texas Crude Energy Surface Easement, as per Document No. 2005031098, Nueces County, Texas Deed Records, at 118.28 feet pass its most Easterly corner thereof in all, a distance of 661.00 feet to a point in the Southwest boundary line of Corpus Christi, Naval Air Station for the most Northerly corner of the tract herein described; Thence South 61 °- 11' -S0" East, with the Southwest boundary line of said Corpus Christi, Naval Air Station, a distance of 20.00 feet to a point for the most Easterly comer of the tract herein described; Thence South 280- 26' -30" West, with a distance of 661.00 feet to a point in the Northeast boundary line of said Nueces County 10 acre tract for the most Southerly corner of the tract herein described; Thence North 61°- ll' -50" West, with the Northeast line of said 10.0 acre Nueces County, Texas tract, a distance of 20.00 feet to the Point of Beginning; Containing more or less 0.304 acres (13,220.02 square feet) of land. Together with a 30 foot Temporary Construction Easement (TCE) located East of and adjacent to the East line of the 20 foot wide permanent easement TCE consisting of more or less 0.596 acres. Bearings are based on Texas State Plane (NAD 83) Zone 4205. State of Texas County of Nueces T, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. or This the 1/ day of .fit /y 2004. 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N 07 IA i PI • Mi •1 10 Ili LZw b Eed g3 V • 4 gg,q e lZ J 14/ 14 — �a1 F- M EXHIBIT G 1 OV'2 8 ft MATCHUNE STA 32+50 SEE SHEET 17 MATCHLINE STA 37 +00 SEE SHEET 19 :r= a8 2 a A I k 6u+ a a a. . t cn g E '{ ° ' •LIFT L f - CI (� NASCC EFFLUENT REUSE STATION & FORCE MAIN CITY OF CORPUS CHRISTI TEXAS fill-1N ENGINEERING':. �a =y . r Gm ,,, O4 /* n 5 M.`�r;� �S b Mcnls 7e�d".Fs a 12" EFFLUENT FM PLAN & PROFILE STA 32+50 TO 37+00 __ WASTEWATER %^^^ DEPARTMENT pepartment of Englneerrrq Services EXHIBIT G 2 OF 2 { g b L b P 11X5 MATCHUNE STA 56 +00 SEE SHEET 22 MATCHUNE STA 56 +00 SEE SHEET 22 .er #tlfD M""' AKG]KN ui -0MW! PPM 1 r- r N 0) nett , er ense.lo" NASCC EFFLUENT REUSE LIFT STATION & FORCE MAIN 12" EFFLUENT FM PLAN & PROFILE STA 56+00 TO 60 +92 "M604 NO ntt CITY OF itCORPUS CHRISTI TEXAS .^ = WASTEWATER "^"" DEPARTMENT Deportment of Engineering Services .4 LNV ENG1NEERJNGh . p engeen:7t. conmmon p TBPE No. F766 Lupe Lio-acsruf tow( Li0420--k c_ uviv-i-st1N 1 Ltc4 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas DIANA T BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 2009041623 # PaRes 17 10/16/2009 8:29AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLEF{ Fees $79.00 ORIGINAL