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HomeMy WebLinkAboutC2009-592 - 10/27/2009 - ApprovedNOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER i , �, :i 09/30/2010 2 t 28Fi1 Official Records GRANT OF CONSERVATION EASEMENT uECE` COUNTY DIANA T. BARREN) COUNTY CLERK This Grant of Conservation Easement ( "Conservation Easemertt4si6 on this 91'-k/ . day of 2%, by the CITY OF CORPUS CHRISTI, a Texas municipal corporation, with the address of 1201 Leopard St., Corpus Christi, Texas 78401 ( "Grantor "), and Coastal Bend Bays & Estuaries Program, Inc., a Texas non- profit corporation, with the address of 1305 N. Shoreline, Suite 205, Corpus Christi, Texas 78701, ( "Grantee "). RECITALS: A. The Grantor is the sole owner in fee simple of the property ( "Property ") legally described in as "Tract 1" on attached exhibit, attached hereto and incorporated by this reference, which consists of approximately 77.707 acres located in Nueces County, State of Texas and is generally known as the Carr Family Tract ( "Property"). B. Notice is hereby given that The City of Corpus Christi acquired the Property pursuant to Warranty Deed filed as Document #2009047255, Nueces County Property Records. C. The purposes for which this property was acquired are: 1. To provide the public with a scenic corridor featuring a hike and bike trail. Primary objectives of this parkway are to preserve public access to shorelines through acquisition of parks and open space; 2. Conservation, restoration, enhancement or protection of coastal or marine habitats including wetlands and estuaries; 3. Projects and activities for the conservation, protection, or restoration of wetlands. D. The Grantor and Grantee have the common purpose of conserving the above- described conservation values of the Property in perpetuity. NOW, THEREFORE, the Grantor, for and in consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and 2009 -592 Res. 028383 10/27/09 CBB &EP INDEXED unconditional gift, hereby gives, grants, bargains, sells and conveys unto the Grantee a Conservation Easement in perpetuity over the Property of the nature and character as follows: 1. PURPOSE. The purpose of this Conservation Easement is to ensure that the Property will be retained forever predominantly in its natural and scenic condition; to protect native plants, animals, or plant communities on the Property; to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property described above, while allowing for traditional uses on the Property that are compatible with and not destructive of the conservation values of the Property. Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the purposes of this conservation easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take any action to restore the condition of the Property after any act of God or other event over which Grantor had no control. Grantor understands that nothing in this Conservation Easement relieves them of any obligation or restriction on the use of the Property imposed by law. 2. PROPERTY USES. Any activity on or use of the Property inconsistent with the purposes of this conservation easement is prohibited. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair the conservation values of the Property. Additional retained rights of Grantor are set forth in Paragraph 3 below. 2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed or pledged for a debt except in its current configuration as an entity. 2.2 Construction. Grantor shall have the right to construct hike and bike trails, nature trails, parking area, shade structures, and interpretative kiosks. Size and location of any such improvements will be mutually agreed upon by the Grantor and the Grantee. The new construction shall be sited as to cause the least disturbance to the conservation values of the Property. The location and design of the new construction shall be subject to the approval of Grantee. Grantee agrees that if the location and design of the new building meets the above standards its approval shall not be unreasonably withheld. No other structures may be placed or constructed on the Property. Furthermore, there shall be no constructing or placing of any recreational court, airplane landing strip, utility pole (other than those necessary to service the Property's improvements), utility tower, conduit or line on or above the Property except under the threat of or actual eminent domain. 2 Outdoor lighting shall be placed and shielded so as to minimize the impact on surrounding areas. 2.3 Agricultural Use. Grantor shall not allow the placement or grazing of domestic livestock or other domesticated animal species. 2.4 Recreational Uses. Grantor shall have the right to engage in and permit others to engage in recreational uses of the Property, including, hiking, biking, bird - watching and fishing, that require no surface alteration or other development of the land. Pursuit of wildlife by any form of motorized transportation is not allowed. 2.5 Excavation. Except as necessary to accommodate the activities expressly permitted under this easement, there shall be no ditching, draining, diking, filling, excavating, dredging, removal of topsoil, sand, gravel, rock, minerals or other materials, mining, drilling or removal of minerals, nor any building of roads or change in the topography of the Property or disturbance in the soil in any manner. 2.6 Destruction of Plants, Disturbance of Natural Habitat. Grantor shall have the right to cut and remove diseased or exotic trees, shrubs, or plants, and to cut firebreaks, subject to the prior approval of Grantee, except that such approval shall not be required in case of emergency firebreaks. Grantor shall also have the right to cut and remove trees, shrubs or plants to accommodate the activities expressly pezrnitted under this easement such modifications will be limited to not more than fifteen feet from an established trail. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or plants. There shall be no planting of non - native trees, shrubs or plants on the Property. Furthermore, except to accommodate the activities expressly permitted under this easement there shall be no use of fertilizers, plowing, introduction of non - native animals, or disturbance or change in the natural habitat in any manner. 2.7 Hydrology. Other than the construction of wells or retention ponds to serve allowed improvements, there shall be no alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies on the Property. 2.8 Signage. No signs or billboards or other advertising displays are allowed on the Property, except that signs whose placement, number and design do not significantly diminish the scenic character of the Property may be displayed to state the name and address of the Property to advertise or regulate permitted on -site activities, educational 3 materials, and to post the Property to control unauthorized entry or use. 2.9 No Biocides. There shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, except as approved by Grantee. 2.10 No Dumping. There shall be no storage or dumping of trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste, nor any placement of underground storage tanks in, on, or under the Property; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Property that could cause erosion or siltation on the Property. 2.11 No Pollution. There shall be no pollution, of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Property that would be detrimental to water purity or that could alter the natural water level or flow in or over the Property, 2.12 Animal Population Control. Grantor shall have the right to control, destroy, or trap problem animals which pose a threat to humans and/or habitat by means and methods approved by Grantee. The method employed shall be selective and specific to individuals, rather than broadcast, nonselective techniques. 2.13 Commercial Development Any commercial or industrial use of or activity on the Property except as permitted herein is prohibited. 2.14 Density. Neither the Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rights, scheme cluster development arrangement or otherwise; provided, however, that with prior written permission of the. Grantee, this paragraph shall not preclude such transfer of development rights resulting from the destruction or demolition of any existing residential building on the Property. 3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the following additional rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the 4 Property not prohibited by this Conservation Easement. Prior to making any change in use of the Property, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. 3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property is subject to the terms of this Conservation Easement 4. GRANTEE'S RIGHTS. To accomplish the purpose of this Conservation Easement, the following rights are granted to Grantee by this Conservation Easement: 4.1 Right to Enforce. The right to preserve and protect the conservation values of the Property and enforce the terms of this Conservation Easement. 4.2 Right of Entry. The right of Grantee's staff, contractors and associated natural resource management professionals to enter the Property, for the purposes of: (a) inspecting the Property to determine if Grantor is complying with the covenants and purposes of this Conservation Easement; and (b) monitoring and research as described below and (c) management of exotic and invasive species as described below. 4.3 Monitoring and Research. The right, but not the obligation, to monitor the plant and wildlife populations, plant communities and natural habitats on the Property. Grantor shall cooperate with Grantee in establishing, at no expense to Grantor, a written Monitoring and Research Plan to direct the monitoring of and research on plant and wildlife populations, plant communities and natural habitats on the Property. Grantor agrees that all monitoring activity, natural resource inventory and assessment work or other natural resource research, conducted by Grantor or others, shall be reported to Grantee. 4.4 Management of Exotics and Invasive Species. The right, but not the obligation, to control, manage or destroy exotic non - native species or invasive species of plants and animals that threaten the conservation values of the Property. Grantee will consult with Grantor prior to implementing management activities. 4.5 Discretionary Consent. The Grantee's consent for activities otherwise prohibited or 5 requiring Grantee's consent under paragraph 2 above, may be given under the following conditions and circumstances. It owing to unforeseen or changed circumstances, any of the prohibited activities listed in paragraph 2 are deemed desirable by both the Grantor and Grantee, the Grantee may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and permission for activities requiring the Grantee's consent shall be in writing and shall describe the proposed activity in sufficient detail to allow the Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Grantee may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Property. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to agree to any activities that would result in the termination of this Conservation Easement. 5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor as owners of the Property. Among other things, this shall apply to: {a) Taxes - The Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. (b) Upkeep and Maintenance - The Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. 6. ACCESS. The Grantee cannot grant the right of access by the general public to any portion of the Property that is conveyed by this Conservation Easement. However, the public has the right to view the Property from adjacent publicly accessible areas such as public roads and waterways 7. ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement. With advance written notice the Grantee may enter the Property for the purpose of inspecting for violations. If the Grantee finds what is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could substantially diminish or impair the conservation values of the Property, the Grantee shall give the Grantor written notice of the violation and sixty (60) days to correct it (or to begin good faith efforts to correct in the event the violation is something which cannot be reasonably corrected in sixty days), 6 before filing any legal action. If a court with jurisdiction determines that a violation may exist or has occurred, the Grantee may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring the Grantor to restore the Property to its condition prior to the violation. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. 8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this easement are in gross and assignable. The Grantee shall have the right to transfer or assign this Conservation Easement to any private nonprofit organization that at the time of transfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code, and the organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement. If the Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or applicable state law, a court with jurisdiction shall transfer this easement to another qualified organization having similar purposes that agrees to assume the responsibility. 9. TRANSFER OF PROPERTY. Any time the Property, or any interest therein, is transferred by the Grantor to any third party, the Grantor shall notify the Grantee in writing at least thirty (30) days prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Conservation Easement. 10. AMENDMENT OF EASEMENT. This Conservation Easement may be amended only with the written consent of Grantor and Grantee. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section. Any such amendment shall also be consistent with Chapter 183 of the Texas Natural Resources Code, or any regulations promulgated pursuant to that law. The Grantor and Grantee have no right or power to agree to any amendment that would affect the enforceability of this Conservation Easement. 11. TERMINATION OF EASEMENT. If it is determined that conditions on or surrounding the Property have changed so much that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at the joint request of both the Grantor and Grantee, terminate this Conservation Easement. If condemnation of a part of the Property or of the entire Property by public authority renders it impossible to fulfill any of these conservation purposes, the Conservation Easement may be terminated through condemnation proceedings. At the time of the conveyance of this Conservation Easement to the Grantee, this 7 Conservation Easement gives rise to a real property right, immediately vested in the Grantee. 12. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of Texas, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 13. INDEMNIFICATION. To the extent permitted by law, each party agrees to release, hold harmless, defend and indemnify the other from any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that the indemnified party may suffer or incur as a result of or arising out of the activities of the other party on the Property that causes injury to a person(s) or damage to property. 14. TITLE. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey this Conservation Easement; that the Property is free and clear of any and all encumbrances, including but not limited to, any mortgages not subordinated to this Conservation Easement, and that the Grantee shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement. NOTE: If any mortgages exist, they must be subordinated. 15. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail, to Grantor and Grantee, respectively, at the following addresses, unless a party has been notified by the other of a change of address. To Grantor To the Grantee: The City of Corpus Christi eoctstai Lae tt as ti s atm arias. Prcifireavi , Inc . 1201 Leopard St. 222 Power St . Corpus Christi, Texas 78401 Corpegs CA etc f-i , TX ?V'JO ! 16. ENVIRONMENTAL CONDITION. The Grantor warrants that they have no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property. 17. SEVERABILITY. If any provision of this Conservation Easement is found to be invalid, the remaining provisions shall not be altered thereby. 18. PARTIES. Every provision of this Conservation Easement that applies to the Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, and all other stems as their interest may appear. 19. RE- RECORDING. In order to ensure the perpetual enforceability of the Conservation Easement, the Grantee is authorized to re- record this instrument or any other appropriate notice or instrument. 8 20. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property. 21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing would be subordinate to this Conservation Easement. 22. ACCEPTANCE & EFFECTIVE DATE. As attested by the signature of its authorized representative affixed hereto, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Conservation Easement This Conservation Easement is to be effective the date recorded in the Nueces County Registry of Deeds. ID HAVE AND TO HOLD, this Grant of Conservation Easement unto the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands and seals on the date first written above. GRANTOR CITY OF CORPUS CHRISTI, TEXAS /ei R. Escobar Ci M City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on a be v f l , 201,0 by `Angel R. Escobar, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. HOLLY HOUGHTON MY COMMISSION EXPIRES September 24, 2012 UwV Notary Public in and for th tate of Texas 9 AI UST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 2/ DAY OF FOR THE CITY ATTORNEY Li-54 t City Attorney City Legal Department , 20 043%3 MT rIE D 13Y COUNCIL 0,427 ..1=111101.11.1•10101.1 STATE OF TEXAS COUNTY OF NUECES SECRETARY Hie, State of Texas 10 r :o UNTy O ;NtLI CES BANG` 1 X77 }707 AcRg ":TItAT U' LAND OUT QE ,P)RTX. SEC 'I ? Y':32, FLOUR:::BLU ' & ; C INN or Lard .`:. GA:GN.: CC'S; EN SAL A 1kIAP, ..OF 1� W i IS RE.CQRD1 D Zt OttImp U.` X43,•.`: aF `J1 .' A';.:REC ?UDs OF NUEGES GOUNT:y, T A►S,:1NCLrrS E OF TBCAT.CER `AIN:1 OR7'Y 0� : Ir OT 'l'IDE RA LR ADi RICI T�UF {4 ). ' ' ' '.` A l oNED); VOLUME 2'PAGE;2ZI• (3F TIJE+ I EED`RECORps:or NLJEC : TRACT :DELNG 0.$$.0#13 I} BY FETES AND BOUNDS AS.: Bearings are ba#ed on the Texas .Goordixlato System 4.-• 11983 (South Z one) `and reference t d .to. the manumented .northwest' . irtd , Iine of thds iraet ; Distances •as cited herc6n a surfaoi An .references to record data f .ccurd. *. *. indicate inrormatton a cited . i.Volum 423, of the Deed `Records o f Nrleces County; :Texas, ': E 71.2, Pa $e Degi plug at 5/8 In h u rod, witlila plastic cap - stamped "Pyle. &.. A.ssbcl cl rved. t rthel�st ° and line Of that; atos Inc; .i set; can the • 7' ccx#a .40.. foot: vide.:rig ►tof way for railroad {now. • abandotie4)'.00 *e. o •the tJnfed; 4tat s:.U.fA tierrica, fls .tlesoribed in ; Volu ub 2 2 :,pa •;;th(e Deed Rec rda =of N Burt z ge 221;. of ty, :Te ras,,.at its interselrtjo wlth;t a common, • bound line -o f .. - Lots `4 and :5, Seotlon 32, Flour Bluff & : &ncinal: Darin l.& •recorded in Volui a "A' Pages ,41 43, t0f ate Map .Records o .... .es Count T Of , .the ;north :.co�rner::afthis tract, same point beeing'gn a clrcu.l ' Curve ,�:to t e....08: ,:.wldoh cagy has centraX le. of` ID 28:15", a radlus.:of�575 ±0o varies ..1,597 21 eet• , a .. , a • :yaros. {2��,:4z �et); � arc �e . {., � � .. )> . eut:te � c���s$35 tt : af::i75,33. cos. (48.7.;04 eet• .:acid ;whose:radius point .bears ..$00t4: '48° S2' l Ot': :}Nest. d � � ) . . , 1stanee .pf 575.00 vans 1,59 , '.concrote monument, of d, for:the common: torth:..0.040::"01104 ::Lots:4!and San ors N point 28° 38' 24" Bast [Record North 29° 02' East a d ,bars NI? h 280 • �� istaa. . , .. ,. ,BS veras (74•• . fieek); T w.ad uo rihmnb nta encehsicve the gsalie nt rhest b tin • e 053 4 foowide right of - fo railroad ` n o southeasterl xeciv p ate ea dstoc of 17,.3. vans (487.04 feet), to a 5%8 nah i o? • Arc: :di$tceioff0:1 6 °,09 varas "Pyle 4 AssocIatos•°Irlo:' ;':set, on. id Tracts, ,for the east Cotner of this Tbehce, !with tfie meanders;o f aaitl. shoreline t ►e foliowiiig courses and' distances; '• So h 20° 07'.::4.5" West, &.distance of $2:$'1': varas.` .145. West, a.diatan of76� ., South 39° Ss 16' ':' ?'est,; a :distance of32;25` :tams 8 � 8 :feet, ;. . South 450 2U' :3 '' rest, a'distance:.of2i;44 varas.(5 57.'faot}, ': West, a. North 52 22' ;13" 1We0, a : istance of 9 20 :varas.(� 1;12 fecO; South 1.Q °_ :$': 21" fast, a d t nce of 15,36'varas (42.68.f et); $outh:72 °::15';'05" West,:& to xis: of38.71 vary ..(10 .52 #'oct); ortlt 45 89' 28" West, a'distat'ice Qf2l.5:7.:va • • 2.46" :West; i tatice;cf 1:2 8 °"var 3S.49leet 83° 46' 52i'.�W st,;.a distant e.of 12,: tstanee,of 9 8 : :varas (27: 9 feet); . oft hi 7° S$' 2A'.'. W`ost, a d #arcce c f 1 .91 va ns (44 0 eet); S� utlx 22° 30' 56" West,: h-:dist noe:of 1 I.19 var, (31,09 South 3° 1 o' 04" 'West, ,a d{stanoe. Qf 46,66 `vary s (1.29.61 fee.,„ South 70 °,'17'. }9 >' Nest, a d tance of 317`14 vara$;(103:.16 feet };':`. • est, •a tii tanoe. o 23,+ 7..varas (71:3 North 81 p S4' 29 ": West; a distance :of • Noith 65 °, ',507:•w..'.: '.a distazice of8 . ; �....., .vary {24,2' het);. South 399 .48' 18"'4�itest, :.a:,di ittahoe.of:12 O6-varas 33.51 feet); • North ..7.7° 08' 39 ": We t, .distance of l$14 ; aras .(50 39., feeet), tq a :l :inch Iron pipe, with •1a' y ,s. Mastic ca1i, stamped "P; .Ye.'AasRlates lno�'' se. ia�;.tha youthrn�er of:this tr ≫ • T4 nc , Nartl 42° 50'.41" West;:S:'distance of 169.32:' varas:(`47032.' feet }; to a 51.8 inch iron rod; with a Plao cap stamped "Pyle & AAssorates Inc." -set, fora.corner;of'.this tract;: • • Thence o th 61 ° 21':34 West, a distance of 4100 varas :(1000; 1.1 feet), to :4 S/8. Inch iron rod with a plastic. cap stamped "Pyle'; &';Associates lno ", act, on t}ie common boundary line of dots 10 end 11,. •to nentioned Section `32, Flour Blu#f & Eneinax1 Farm.A& Garden' Tracts, for the.'west corner oftbis:tract� • Tlioitte,. North 28° 38'`26" J3ast [Record North29° ' East], with :said common boundary line: of Lots 10 Old 1.1, and successively, with': aforementionned common :bound. az'Y dine of Lpts 4- :and. 5, said Section 32, a distal ce of $12,75 vats, as (2,257 64 Feet) to..the Pont off,egininiug and .contain g :7 707 acres of land � .; • • Pyle. &L'.Associates,..1na. David: A.' . .[3, :1222.4 00! (�f,►doot�mant,\2224•m initial,