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MISCELLANEOUS EASEMENT No. ME20070032
STATE OF .TEXAS
COUNTY OF NUECES
KNOW ALL MEN BY THESE PRESENTS:
This Miscellaneous Easement, ME20070032 (the "Agreement"), is granted by virtue of the authority granted in
Section 51.291,. et seq., TEX. NAT. RES. CODE ANN. (Vernon 2001), 31 TEX. ADMIN. CODE § 13.11, et seq.,
and all other applicable statutes and rules, as the same may be amended from time to time, and is subject to all
applicable regulations promulgated from time to time.
ARTICLE I. PARTIES
1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and
through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE"),
hereby grants to City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, TX 78401-9277, phone
number (361) 826-3500, (the "Grantee"), anon-exclusive easement for the purposes identified in Article V.
ARTICLE II. PREMISES
2.01. The easement is located across Permanent School Fund land in Nueces County, Texas, described as follows:
Laguna Madre, State Tract Numbers 15 and 16 and the easement encumbers 0.30 acres farmed
by the Improvements (as hereinafter defined), as constructed (the "Premises"). During the period
of initial construction not to exceed 120 days, the easement width shall be 60 feet wide, being 30
feet either side of the easement. In addition, if repair and/ or replacement of the Roadway is
necessary, for a period not to exceed 60 days, Grantee shall again be granted additional easement
width which shall be 60 feet wide being 30 feet either side of the centerline.
The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A, the Survey Map
and Plat attached hereto as Exhibit B, collectively incorporated by reference for all purposes.
2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the
Premises, the location of such Improvements within the easement shall thereby become 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 any other governmental agency with jurisdiction over same.
2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS
THE SAME "AS IS", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND
ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY
2009-396 ER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE
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HEREBY ACREE AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS
EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND/OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE
THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE
THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS
AVENUE, AUSTIN, TEXAS 78701-1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY IN WHICH THE
PREMISES ARE LOCATED.
ARTICLE III. TERM
3.01. This Agreement is for a period of perpetuity, beginning on July 1, 2009, unless amended or sooner terminated
as authorized by law or as set forth herein.
ARTICLE IV. CONSIDERATION AND TAXES
4.O1. A. As consideration ("Consideration") for the granting of this easement, Grantee agrees to pay the STATE
(payable to the Commissioner of the General Land Office at Austin, Texas) the sum of Three Thousand And 00/100
Dollars ($3,000.00), due and payable upon the execution of this Agreement.
B. Past due Consideration and other past due payments shall bear interest from maturity at the rate of ten
percent (10%) per annum from the date when due until actually paid, as provided in TEX. NAT. RES. CODE ANN.
(Vernon 2001), as amended from time to time. Failure of Grantee to make a payment on or before the date the same
becomes due shall, at the STATE's option, make all payments due and payable immediately.
4.02. 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 or assessed against the Premises or the
Improvements constructed thereon, provided such taxes result from Grantee's use of this easement. Grantee shall pay
such taxes, charges, and assessments not less than five (5) days prior to the date of delinquency thereof directly to the
authority or official charged with the collection thereof. Grantee shall have the right in good faith at its sole cost and
expense to contest any such taxes, charges, and assessments, and shall be obligated to pay the contested amount only
if and when finally determined to be owed.
4.03. Grantee agrees to and shall protect and hold the STATE 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 V. USE OF THE PREMISES
5.01. Grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises for aright-
of-way to construct, maintain, operate, inspect, and repair the roadway (the "Improvements"). Grantee shall not use
the Premises for any other purpose without first obtaining written consent of the STATE, which consent may be
granted or withheld in the STATE's sole discretion.
5.02. A. The STATE 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 or land owned by
Grantee, provided in the exercise of this right the STATE and Grantee agree not to unreasonably interfere with the
other party's (or that party's agents, assignees, or designees) use of its property. Grantee shall have the right of
ingress and egress for the purposes of constructing, maintaining, operating, inspecting, and repairing the
Improvements and such right is not granted for any other purpose. Grantee and the STATE mutually agree to use
contiguous or adjacent Permanent School Fund land or land owned by Grantee, respectively, only to the extent and
for the length of time necessary to provide access to and from the Premises, Notwithstanding any other provisions to
the contrary, no easement is created by this Section 5.02; instead, a license is granted to the parties and their
respective officers, employees, agents and contractors for the limited purposes set forth herein.
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B. Grantee acknowledges and agrees that the STATE'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 on the Premises and/or as necessary for the STATE to confirm the removal (in
whole or in part) of the Improvements. Such right of ingress and egress shall survive the expiration or earlier
termination of this Agreement.
5.03. Grantee shall be fully liable and responsible for any damage, of any nature, arising or resulting from any act or
omission of Grantee or Grantee's officers, employees, agents, contractors and invitees, which are related to the
exercise of the rights granted in this Article V.
5.04. A. Grantee's use of the Premises is subject to and contingent upon compliance with the following covenants,
obligations and conditions (the "Special Conditions"):
Grantee is responsible for maintaining all structures authorized under this contract in good
repair and safe condition, and in compliance with all existing state and federal regulations
governing such work.
Grantee is required to mitigate for damages that result from construction of the
improvements authorized by this easement. The mitigation will be approved under a Surface
Lease. If the mitigation is not completed within one year of the issuance of ME20070032, a
resource impact fee of $4,020.00 will be collected for impacts to state owned land associated
with the project.
Grantee is required to perform mitigation and/or pay surface damage fees according to the
Grantor's policy in effect at the time damages occur for any and all surface damages resulting
from actions of Grantee's employees, contractors, and/or 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 and/or
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.
B. Prior to any construction, installation or other activities on the Premises, Grantee shall provide written
notice of all Special Conditions, if any, to any contractor and/or agent involved in such activities. Grantee shall send
a copy of such notice to the General Land Office, ATTN: Asset Inspection, 1700 N. Congress Avenue, Austin, Texas
78701-1495.
5.05. The STATE, its agents, representatives and employees shall have the right to enter upon the Premises at any
reasonable time (or any time in case of emergency) for purposes of inspection, repair (and Grantee agrees to repay
the State the reasonable cost thereof on written demand) and any other purpose necessary to protect the STATE's
interests therein. Further, the STATE shall have the right to use or to permit the use of any or all of the Premises for
any purpose deemed, in the STATE's sole discretion, to be consistent with Grantee's easement grant.
5.06. Grantee shall not use, or permit the use of the Premises for 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.
5.07. Failure by Grantee to construct, maintain and operate the Improvements in accordance with this Article V
shall render such Improvements "unauthorized structures" under in TEX. NAT. RES. CODE ANN. §51.302 (Vernon
2001 & Supp. 2003).
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ARTICLE VI. ASSIGNMENTS
6.01. GRANTEE SHALL NOT ASSIGN THE PREMISES OR THE RIGHTS GRANTED HEREIN, IN WHOLE OR PART, TO
ANY THIRD PARTY FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN CONSENT OF THE STATE, WHICH MAY BE
GRANTED OR DENIED IN THE STATE'S SOLE DISCRETION. ANY UNAUTHORIZED ASSIGNMENT SHALL BE VOID AND
OF NO EFFECT, AND SUCH ASSIGNMENT SHALL NOT RELIEVE GRANTEE OF ANY LIABILITY FOR ANY OBLIGATION,
COVENANT, OR CONDITION OF THIS AGREEMENT. THIS PROVISION, AND THE PROHIBITION AGAINST ASSIGNMENT
CONTAINED HEREIN, SHALL SURVIVE EXPIRATION OR 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.
ARTICLE VII. PROTECTION OF NATURAL and HISTORICAL RESOURCES
7.01. Grantee shall use the highest degree of care and all appropriate safeguards 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 comply 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. In the
event of pollution or an incident that may result in pollution of the Premises or adjacent property which is the result
of Grantee's (or Grantee's employees, contractors, and agents) acts or omissions, Grantee shall immediately notify the
STATE, use all means reasonably available to recapture any pollutants which have escaped or may escape, and
mitigate for any and all natural resources damages caused thereby.
7.02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED OF THE NATIONAL HISTORIC PRESERVATION ACT OF 1966, (PB-
89-66, 80 STATUTE 915, 16 U.S.C.A. SECTION 470, ET.SEQ.) AND THE TEXAS ANTIQUITIES CODE 1TITLE 9, CHAPTER 191,
TEX. NAT. RES. CODE ANN. (VERNON 2001 & SUPP. 2003)]. IN CONFORMANCE WITH THESE LAWS, IN THE EVENT
THAT ANY SITE, FOUNDATION, BUILDING, STRUCTURE, LOCATION, OBJECT, ARTIFACT, ITEM OR OTHER FEATURE
OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL, OR HISTORIC INTEREST IS ENCOUNTERED DURING
THE ACTIVITIES AUTHORIZED BY THIS AGREEMENT, GRANTEE SHALL IMMEDIATELY CEASE ANY AND ALL
ACTIVITIES, AND NOTIFY THE COMMISSIONER OF THE GENERAL LAND OFFICE AND THE TEXAS HISTORICAL
COMMISSION, P.O. BOX 12276, AUSTIN, TEXAS 78711, SO THAT APPROPRIATE ACTION MAY BE TAKEN. In the event
that Grantee is required to cease activities, the STATE shall not be liable for any costs of Grantee, Grantee's
agents, employees, contractors, subcontractors, or any other person or entity as a result of any interruption of
Grantee's activities or inability to use the Premises as herein contemplated.
ARTICLE VIII. INDEMNITY and INSURANCE
8.01. Grantee shall be fully liable and responsible for any damage, of any nature, arising or resulting from its own
acts or omissions related to its exercise of the rights granted herein. Grantee agrees to and shall indemnify and hold
the STATE, the STATE's officers, agents, and employees, harmless from and against claims, suit, costs, liability or
damages of any kind, including strict liability claims, without limit and without regard to cause of the damages or the
negligence of any party, except for the consequences of the negligent acts or willful misconduct of the STATE, the
STATE's officers, agents, employees, or invitees, arising directly or indirectly from Grantee's use of the Premises (or
any adjacent or contiguous PSF land) or from any breach by Grantee of the terms, covenants or conditions contained
herein.
8.02. A. Grantee agrees to either (i) purchase and maintain a Required Policy (as hereinafter defined) of insurance
coverage, or (ii) provide Financial Documentation (as hereinafter defined) to the STATE. Grantee agrees to deliver
or cause to be delivered to the STATE and/or the STATE's designee either, as applicable: (i) a certificate of
insurance for any Required Policy or (ii) Financial Documentation, within ten (10) days of execution of this
Agreement. At all times during the term of this Agreement, Grantee shall cause the required evidence of insurance
coverage or financial capacity to be deposited with the STATE. If Grantee fails to do so, such failure may be treated
by the STATE as a default by Grantee under this Agreement.
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B. The phrase "Required Policy" shall mean the policy of insurance required to be maintained by Grantee
under the rules promulgated by the General Land Office and/or the School Land Board. Such Required Policy shall
insure against any and all loss or damage as may be required by rule (including, without limitation, coverage for
bodily injury, death, property damage, premises and operations, products liability, contractual liability, and/or strict
liability). Any Required Policy shall name the STATE (and any of its successors and assigns designated by the
STATE) as an additional insured.
C. The phrase "Financial Documentation" shall mean a financial statement and/or other evidence of financial
responsibility or capacity which is determined to be satisfactory to the STATE.
ARTICLE IX. DEFAULT, TERMINATION and EXPIRATION
9.01. If, following 30 days prior written notice from the STATE specifying a default or breach, Grantee fails to pay
any money due hereunder or is in breach of any term or condition of this Agreement, the STATE shall have the right,
at its option and its sole discretion, to terminate this Agreement and all rights inuring to Grantee herein by sending
written notice of such termination to Grantee in accordance with Article XI of this Agreement. Upon sending of such
written notice, this Agreement shall automatically terminate and all rights granted herein to Grantee shall revert to
the STATE. Such termination shall not prejudice the rights of the STATE to collect any money due or to seek
recovery on any claim arising hereunder.
9.02. A. Except as otherwise provided in subsection B, Grantee shall, within one hundred twenty (120) days from
the date of expiration or sooner termination of this Agreement, remove all personal property, structures, and the
Improvements, and shall restore the Premises (and 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 conducted in
accordance with General Land Office guidelines in effect at the time of removal/restoration 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. Grantee shall notify the
STATE at least ten (10) days before commencing removal/restoration activities so that a field inspector may be
present.
B. Pursuant to 31 TEX. ADMIN. CODE § 13.13(c)(1), the STATE may waive the removal/restoration
requirements in this Section 9.02 if, in the STATE's sole opinion and discretion, such waiver is in the best interest of
the State. Any such waiver shall be in writing and may be conditioned upon factors including, without limitation, the
nature and sensitivity of the natural resources in the area, potential damage to or destruction of property, beneficial
uses of the existing improvement(s), and other factors considered to be in the best interest of the STATE.
ARTICLE X. HOLDOVER
10.01. If Grantee holds over and continues in possession of the Premises after expiration or earlier termination of this
Agreement, Grantee will be deemed to be occupying the Premises on the basis of a month-to-month tenancy subject
to all of the terms and conditions of this Agreement, except that as liquidated damages by reason of such holding
over, the amounts payable by Grantee under this Agreement shall be increased such that the Consideration payable
under Section 4.01 of this Agreement and any other sums payable hereunder shall be two hundred percent (200%) of
the amount payable to the STATE by Grantee for the applicable period immediately preceding the first day of the
holdover period. Grantee acknowledges that in the event it holds over, the STATE's actual damages will be difficult,
if not impossible, to ascertain, and the liquidated damages herein agreed to be paid are reasonable in amount and are
payable in lieu of actual damages and are not a penalty. Grantee further acknowledges that acceptance of hold over
Consideration does not imply STATE consent to hold over.
10.02. The tenancy from month-to-month described in Section 10.01 of this Agreement may be terminated by either
party upon thirty (30) days written notice to the other.
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10.03. The Consideration due after notice of termination has been given is to be calculated according to Section
10.01 hereinabove on a pro rata basis. If upon notice of termination by the STATE, Grantee pays Consideration in
excess of the amount due and payable and the STATE accepts such payment, the acceptance of such payment will
not operate as a waiver by the STATE of the notice of termination unless such waiver is in writing and signed by the
STATE. Any such excess amounts paid by Grantee and accepted by the STATE shall be promptly refunded by the
STATE after deducting therefrom any amounts owed to the STATE.
ARTICLE XI. NOTICE
11.01. Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be
either delivered by hand, by facsimile, or sent by United States first class mail, adequate postage prepaid, if for the
STATE to Deputy Commissioner, Professional Services, addressed to his attention, 1700 North Congress Avenue,
Austin, Texas 78701-1495, FAX: (512) 463-5098, and if for Grantee, to it at PO Box 9277, Corpus Christi, TX
78401-9277, and FAX: (361) 826-3501. Any party's address may be changed from time to time by such party by
giving notice as provided above, except that the Premises may not be used by Grantee as the sole notice address. No
change of address of either party shall be binding on the other party until notice of such change of address is given as
herein provided.
11.02. For 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 for 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 on
the signed return receipt, or (ii) three (3) days after posting as herein provided.
ARTICLE XII. INFORMATIONAL REQUIREMENTS
12.01. A. Grantee shall submit to the STATE, within one hundred eighty (180) days following installation or
construction of the Improvements authorized in this Agreement, an "as-built" survey and field notes prepared by a
surveyor duly licensed by the State of Texas. The as-built survey shall be conducted in accordance with the STATE's
survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the as-built survey
when due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the
STATE's written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the
STATE may, in addition to any other remedy and in the STATE's sole discretion, terminate this Agreement and
require removal of any personal property and the Improvements located on the Premises in accordance with Section
9.02 of this Agreement.
B. Upon receipt of the as-built survey, prepared in accordance with this Section 12.01, the STATE shall
compare the as-built survey with the proposed location of the Improvements, as represented by Grantee's application
to the STATE and set forth in Section 2.01 hereof. If there are any changes or discrepancies in the location of the
Improvements authorized by this Agreement, the STATE may, in its sole discretion, either (i) terminate this
Agreement and require removal and/or relocation of the Improvements upon written notice to Grantee, or (ii) replace
Exhibit "B" attached hereto with a substitute corrected exhibit denoted "Exhibit B-1". The substitute shall be the as-
built survey, signed by both parties, and, upon attachment hereto, Exhibit "B" shall be void and of no further effect.
12.02. If all or any part of the Improvements are buried, Grantee shall submit to the STATE, one hundred eighty
(180) days following installation or construction of the Improvements, a "burial survey" prepared by a surveyor duly
licensed by the State of Texas. The burial survey shall be conducted in accordance with the STATE's survey
requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the burial survey when
due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the STATE's
written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATE
may, in addition to any other remedy and in the STATE's sole discretion, terminate this Agreement and require
removal of any personal property and the Improvements located on the Premises in accordance with Section 9.02 of
this Agreement.
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12.03. Grantee shall provide written notice to the STATE of any change in Grantee's name, address, corporate
structure, legal status or any other information relevant to this Agreement.
12.04. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing
within fifteen (15) days following such request or such other time period approved by the STATE (such approval not
to be unreasonably withheld).
12.05. Except with regard to initial construction/installation of the Improvements and emergencies, prior to
conducting any activities at the Premises which may materially impact natural resources in or around the Premises,
Grantee shall provide written notice to the STATE describing the proposed activities in detail and any procedures
which will be used to protect natural resources. Such notice shall be provided by Grantee to the STATE at least sixty
(60) days prior to conducting re-burial activities, and at least thirty (30) days prior to conducting major repairs,
modification, or other activities. Grantee acknowledges and agrees that the STATE shall have at least twenty (20)
days following receipt of the notice to review the proposed activities and to impose specific conditions for
conducting such activities which, in the STATE's sole determination, are necessary to protect natural resources or to
mitigate for actual damages to natural resources. If the STATE has not provided notice to Grantee within twenty
(20) days following receipt of Grantee's notice, the STATE is deemed 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 damage to public health, safety or welfare, and/or to protect
natural resources. Within twenty-four (24) hours following such emergency actions,. Grantee shall provide notice to
the STATE of such actions as hereinabove provided. (If not during normal business hours, call 1-800-832-8224).
12.06. Grantee hereby acknowledges that late submission by Grantee to the STATE of information (including,
without limitation, as-built and/or burial surveys) required under this Agreement will cause the STATE to incur
various expenses not contemplated by this Agreement, the exact amount of which are presently difficult to ascertain.
Accordingly, if any information required to be submitted within a certain time under the terms of this Agreement
shall not be received by the STATE on or before five (5) days after the date when due, then, Grantee shall pay to the
STATE a "Late Charge" equal to one hundred dollars ($100.00) for each day so past due. The STATE and Grantee
agree that such Late Charge represents a fair and reasonable estimate of the expenses that the STATE will incur by
reason of such late submission of information by Grantee. Acceptance of such Late Charge by the STATE shall not
constitute a waiver of Grantee's default with respect to any such past due information, nor prevent the STATE from
exercising any other rights and remedies granted under this Agreement, at law, or in equity.
ARTICLE XIII. MISCELLANEOUS PROVISIONS
13.01. With respect to terminology in this Agreement, each number (singular or plural) shall include all numbers,
and each gender (male, female or neuter) shall include all genders. If any provision of this Agreement shall ever be
held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the
Agreement, but such other provisions shall continue in full force and effect.
13.02. The titles of the Articles in this Agreement shall have no 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
STATE, its successors and assigns, Grantee, Grantee's successors and assigns (or heirs, executors, administrators and
assigns, as the case may be); however, this clause does not constitute a consent by the STATE to any assignment by
Grantee, but instead refers only to those instances in which an assignment is hereafter made in strict compliance with
Article VI 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 will or the laws of intestate succession. The words "hereof," "herein," "hereunder,"
"hereinafter" and the like refer to this entire agreement, not just to the specific article, section or paragraph in which
such words appear.
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13.03. Neither acceptance of Consideration (or any portion thereof) or any other sums payable by Grantee hereunder
(or any portion thereof) to the STATE nor failure by the STATE to complain of any action, non-action or default of
Grantee shall constitute a waiver as to any breach of any covenant or condition of Grantee contained herein nor a
waiver of any of the STATE's rights hereunder. Waiver by the STATE of any right for any default of Grantee shall
not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or
subsequent default of any other obligation. No right or remedy of the STATE hereunder or covenant, duty or
obligation of Grantee hereunder shall be deemed waived by the STATE unless such waiver be in writing, signed by a
duly authorized representative of the STATE.
13.04. No provision of this Agreement shall be construed in such a way as to constitute the STATE and Grantee joint
venturers or co-partners or to make Grantee the agent of the STATE or make the STATE liable for the debts of
Grantee.
13.05. In all instances where Grantee is required hereunder to pay any sum or do any act at a particular indicated
time or within an indicated period, it is understood that time is of the essence.
13.06. Under no circumstances whatsoever shall the STATE ever be liable hereunder for consequential damages or
special damages. The terms of this Agreement shall only be binding on the STATE during the period of its
ownership of the Premises, and in the event of the transfer of such ownership interest, the STATE shall thereupon be
released and discharged from all covenants and obligations thereafter accruing, but such covenants and obligations
shall be binding during the Agreement term upon each new owner for the duration of such owner's ownership.
13.07. All monetary obligations of the STATE and Grantee (including, without limitation, any monetary obligation
for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are
performable exclusively in Austin, Travis County, Texas.
13.08. 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 times provided for hereunder, save and except only
when an abatement thereof or reduction therein is 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 STATE by
Grantee. Grantee waives and relinquishes any right to assert, either as a claim or as a defense, that the STATE is
bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the STATE not
expressly set forth in this Agreement.
ARTICLE XIV. FILING
14.01. 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 STATE within 60 days after this Agreement is executed by all parties.
ARTICLE XV. ENTIRE AGREEMENT
15.01. This Agreement ME20070032, including exhibits, constitutes the entire agreement between the STATE 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, assigned or extended except by written instrument
signed by all parties hereto.
15.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a fully
executed counterpart to each party.
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IN TESTIMONY WHEREOF, witness my hand and Seal of Office.
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Deputy:
Executive: Q~(~i~Qi
STATE OF Tex o~ §
COUNTY OF /~/~~,, ~t §
GRANTEE: CITY OF CORPUS CHRISTI
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Date: ~~09
ACKNOWLEDGMENT
This instrument was acknowledged before me on the Z. day of ,.,~e a ~ n, ,~~,~' , 20~,
by P~,-~;. ~1 ~7A
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Notary Public, State of TG ~ Q1
110rERT SAENZ
NY QOMMISSION EXAIRES
,Art 14,2oi3 My commission expires: k ~ /
ME20070032 CUSTOMER ID: 0000021369
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VICINITY MAP
Exhibit A
ME20070032
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LACUNA SHORES ROAD
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ME20070032
City of Corpus Christi
Exhibit B
ME20070032
Page 1 of 2
Title: City of Corpus Christi / ME20070032 Date of Inspection: Ma 28
2009
Compan :General Land Office ,
Creator: Am Nunez
Scale: Not to Scale Exhibit B
.SURVEY MAP
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City of Corpus Christi
SITE PLAN
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Exhibit B
ME20070032
Page 2 of 2
LACUNA SHORES ROAD
GRAHAM TO HUSTIJN HORNET
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COUDItY: ~5111N I~T OR
STATE ~: TE%AS
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Instructions for Preparing Exhibits EXh;<b~t c
For The Following ME20070032
General Land Office Applications:
Miscellaneous Easements (Rights-of--Way)
Sub-Surface Easements
Maps (or 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 following instructions are to be followed when applying for new work (proposed
project), or for reporting as-built conditions for a previously approved project, when the activity is a Miscellaneous Easement
(Right-of-way/ROW), Surface Lease, or Sub-Surface Easement on state land.
The information specified below represents minimum requirements of the GLO and additional information may be requested on a
project-by-project basis to facilitate a full evaluation of the proposed activity.
The information should be submitted along with the required application form and processing fees. Each map or 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
PERMISSIBLE and USABLE for GLO applications provided they meet the following requirements.
IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INFORMATION IN ONE OF THE
FOLLOWING FORMATS:
1. In an ESRI format (i.e. Shape file, E00, or Geodatabase)
2. AutoDesk Map 6 or earlier version in a DWG format.
3. And Projection Information of the data set submitted.
A. GENERAL INSTRUCTIONS for ALL APPLICATIONS:
1. Each map or plat should be 8-1/2" x 11 ".
2. A one-inch margin should be left at the top edge of each sheet for binding purposes.
3. Any shading used to identify specific areas must be reproducible by ordinary copy machines.
4. Each map or plat submitted must have a title block identifying, at a minimum: (a) applicant name; (b) applicant address; (c)
project name; (d) date of preparation; (e) name of preparer, and (f) project location as follows:
(1) if on state-owned u In ands, 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 on submerged land, then provide county name, waterbody name, and state tract number;.
5. The scale for each map or plat must be clearly indicated both digitally and by graphic scale.
6. Vicinity Maps -- Exhibit A for each project application must be a Vicinity Map showing the general location of the proposed
work. The Vicinity Map must be produced using a U.S.G.S. 7.5 minute Topographic Map, a Texas Department of Transportation
County Road Map, or navigation chart as its base layer. A prominent arrow on the map should indicate the project location. An 8
1/2" x 11" Xerox copy from the original Topo, county map, or navigation chart showing the project location is sufficient. It is not
necessary to submit the entire Topo or county map, so long as the map is appropriately identified as to the origin of the base
information (e.g., name, and date of base map information used). This is most easily accomplished by copying the legend of the
base map and making it part of the Vicinity Map.
7. Project Site Map -- Exhibit B for each project application should be a Project Site Map (in Survey Plat 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 road numbers, stream names,
railroad crossings, corporate city limits, and other prominent locative features should be included on the Project Site Map. A
prominent arrow on the map should indicate the project location and a North arrow must be provided. Annotation may be included
on the map regarding distance of the project from known points (e.g., highway intersections, road stream crossings, etc.).
Additional guidance for preparing Project Site Maps is provided in Section B of this document.
8. Detailed Project Plan -- Exhibit C for each project application should be a Detailed Project Plan, consisting of an aerial plan-
view drawing and across-sectional drawing of all proposed or existing structures on statueowned lands at the project site.
Page 1 of the Detailed Project Plan should contain, at a minimum:
a. Location of the shoreline or banks if the project is on or adjacent to tidally influenced waters or crosses astate-
owned river, stream, creek, or bayou.
b. The direction of ebb and flow if in or adjacent to tidal waters, or the direction of water flow if the project crosses a
river, creek, stream, or bayou.
c. A North arrow.
d. The location of state tract lines (on 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
natural/cultural resources known to exist in the project area.
f. The lines of mean high water and mean low water when applicable.
g. Dimensions of al] structures (existing and proposed) that will encumber state-owned lands at the project site.
h. The registration, easement, or lease numbers for any structures at the site previously authorized by the GLO
(available from GLO field offices upon request).
i. Any applicable Corps of Engineers application numbers covering the proposed work, as soon as that application
number is available, but, in any event, prior to issuance of the easement.
Page 2 of the Detailed Project Plan should contain, as applicable, an explanation of construction methodology, techniques, and
equipment that will be used at the site.
9. As-Built Survey -- A survey showing the depth of burial must be furnished for all projects on state-owned tidally influenced
lands (Gulf of Mexico, bays, estuaries, etc.), crossings of state-owned rivers/streams/creeks/bayous. The survey shall show plan
view only for projects on state-owned upland tracts. Failure to provide this information is, by terms of the state contract, grounds
for termination of the easement and removal of the structure from stataowned land.
New Installations: Each application for installation of a new power transmission line or communication line must include
with. the application a profile drawing showing theproposed depth of burial at not less than 36" below the surface.
GLO will issue an easement using the proposed ROW and depth of burial information. Following installation of the line,
however, the applicant is required by terms of the GLO contract to provide a survey of actual burial depth measurements for
that portion of the ROW length occupying state-owned land. The spacing between depth-of-burial measurement points is a
function of the length of ROW. If the easement length is less than 500 feet, the depth of cover of the structure and waterway
bottom elevation shall be determined at intervals not to exceed 50 feet. If the easement length is greater than 500 feet but
less than 5,000 feet the interval between measurement points shall be 100 feet. Easements greater than 5,000 feet in length
shall be surveyed at 250-foot intervals.
All 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 Sea Level, National Geodetic Vertical Datum, Mean Low Water, etc.) and grid coordinates must reference
Texas State Plane coordinate System of 1927 or 1983. The accuracy of the waterway bottom and installation elevations
shall be +/- one-half (.5') foot for the waterway bottom and +/- one-half (0.5') foot for depth of burial less than or equal to 10
feet and +/- fifteen (15%) percent for depth of burial greater than ten (10) feet. Manual probing and electronic means (both
active and passive) of survey type shall be acceptable for depth of burial determinations.
Existing Installations: At time of renewal of an easement for an existing underground power transmission line or
communication line, provide the data as required under Section 3.02(iv) of this easement contract.
B. SPECIFIC INSTRUCTIONS:
Maps or Survey Plats to be submitted as the Project Site Map and/or the Detailed Project Plan (see A7 and 8 above) must contain
the information described below.
Upland survey data should be reported to normal boundary land surveying minimum standards. Offshore or submerged sites shall
be located to a specified accuracy of +/- 5 feet of any reported location.
I. Projects located on Tidally Influenced State-owned lands (Including the Gulf of Mexico, bay tracts, andthe tidally influenced
portions of rivers, creeks, streams, and bayous):
a. Rights-of-Wav (e.Q., Miscellaneous Easements for transmission lines. roads, etc.
Coordinates must be provided at the beginning and ending points of the ROW's centerline, or on the principal point or
points of tracts described by other means (directional well bores, etc.). These coordinates must be based on the Texas State
Plane Coordinate System of 1927 or 1983. Courses and distances must be specified as either grid or geodetic for all
centerlines and perimeter lines, and ties must be made from specific improvements (e.g., well heads, platforms, pilings, etc.)
to a corner or corners of the lease or easement tract. All submerged state land tracts crossed by any part of the ROW must
be shown and identified, and the points of each ROW crossing of a state-tract boundary identified in the Texas State Plane
Coordinate System of ] 927 or 1983. The distance between crossings of a state-tract boundary must be indicated in both
feet and rods on the plat.
As-built plats (and confirmation surveys at time of renewal) must give bearing and distance between angle points along the
easement route. In the event no angle points exist along the course of the ROW, the plat shall provide a minimum of one
identified point for each 1,000 feet of ROW length. A ROW less than 1,000 feet long but greater than 500 feet in length
requires one mid-point to be identified on the survey plat.
b Surface Leases (~ well~latforms on urrleased tracts, etc.)
A metes and bounds description (or other valid description) must be provided for the area encumbered by a surface lease.
This description must be in increments of not less than one acre for the area surrounding a platform or structure, with the
point of beginning, well location, and other structures on the leased site identified and properly located by coordinates. The
point of reference from either the center or the corner of a platform or structure must be specified, with coordinates given at
one or more points on the Texas State Plane Coordinate System of 1927 or 1983.
c Sub-Surface Easements (e ~ directionally drilled well bores, etc.)
Sub-surface easements for directionally drilled well bores shall consist of a corridor having a ten (10) fod radius around the
directionally drilled well bores as it is shown by an as-built directional well survey. Directional well surveys shall show the
following information: surface location (as described in item B.1.b., above), sub-surface elevation of each angle point, and
the bottom hole location as shown on well bore log. These items shall be identified by a value given at not less than one
point on any locative document, referenced to the Texas State Plane Coordinate System of 1927 or 1983.
2. Projects Across (Rights-of-Way) State-owned Upland Property, or the state-owned portion of a river, creek, stream, or
bayou above the limit of tidal influence:
a. Upland Tract (State Fee Lands):
For new project applications, information provided for projects on state-owned upland tracts shall include the beginning
and end points of the easement centerline, identified by coordinates on the Texas State Plane Coordinate System of 1927 or
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, along with the survey
name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name,
lot or tract number, and abstract number of all surveys abutting the ROW easement.
At completion of construction, or at time of renewal, an as-built plat or confirmation survey (which ever is applicable) must
be submitted. This plat must give bearing and distance between angle points along the easement route. In the event no
angle points exist along the course of the ROW, the plat shall provide a minimum of one identified point for each 1,000 feet
of ROW length. ROWS, less than 1,000 feet long but greater than 500 feet long, require one mid-point to be identified on
the survey plat.
STATE OF TEXAS
COUNTY OF NUEGES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein 6y me, and was duly RECORDED
in the Official public Records of
Nueces County, Texas
~~~
~~~~~~
DIANA T BARRERA
NI~GES COIl1VTY, TEXAS
Services
quisition
P. O. Box 9277
~i~ i Corpus Christi, TX 78469-9277
Any provision herein which restricts the Sale, R
en al or use
of the described REf~ PR~ERTY because of Race,
Golur~
Religgion, Sex, Handicap, Fa®ilial Status, or Nat
Tonal Origin
is invalid and unenforceable under FEDERAL LAW,
31IR189.
Doc# 2f~Qr9~4~831
~ pages f6
f0i21/2~09 is?.47pN
Official Records of
NIECES COLRJTY
DIANA T. BARRERA
COUNTY CLERK
Fees #75.00
ORIGINAL
b Crossing the State-ownedportion of a river creek stream or b~ou above the limit of tidal influence
Information provided for projects crossing non-tidal state-owned rivers, creeks, streams, or bayous shall include an
identification of the stream or water body by local and any other names known (historic, from topographic or other maps,
etc.). In addition, the beginning and end points of the easement centerline, identified by coordinates on the Texas State
Plane Coordinate System of 1927 or 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 comer 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 or section number, block number, township number, subdivision name, lot or tract
number, and abstract number of all surveys abutting the ROW easement.
City of Corpus Christi
Dept. of Engineering
Property and Land Ac