HomeMy WebLinkAboutC2011-056 - 2/16/2011 - NAThe State of Texas
�,RAL 4A
DDc:'� 201100925S
Y /q
e9¢
Austin, Texas
MISCELLANEOUS EASEMENT
(PIPELINE)
ME20100118
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
This Miscellaneous Easement (the "Agreement'), ME20100118, is granted by virtue of the authority granted in
Section 51.291, et seq., TEX. NAT. RES. CODE, 31 TEX. ADMIN. CODE §13.12, et seq., and all other applicable
statutes and rules, as the same exist on the date hereof or as they may be amended from time to time.
ARTICLE 1. 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 the City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, TX 78469 -9277, phone
number (361) 826 -3240, (the "Grantee "), a non - exclusive easement for the purposes identified in Article V.
ARTICLE II. PREMISES
2.01. The easement is located across submerged Permanent School Fund land in Nueces County, Texas, described as
follows:
Oso Bay, State Tract C, and the easement is a right -of -way encumbering 0.96 acres formed by the
Improvements (as hereinafter defined), as constructed (the "Premises "). Notwithstanding the
foregoing, 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 centerline instead of the easement width
mentioned above. In addition, if repair and/ or replacement of the waterline 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 Plat
attached hereto as Exhibit B and the Metes and Bounds attached hereto as Exhibit C, collectively incorporated by
reference for descriptive 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.
2011 -056
02/16/11
WIN Is) u I M . a I IAO I I I I b I I I I I I h M
k ON
X
State of Texas INDEXED
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
OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE
HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE TERM "GRANT" IN NO WAY IMPLIES THAT THIS
EASEMENT IS FREE OF LIENS, ENCUMBRANCES ANDIOR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE
THAT ANY PRIOR GRANT AND /OR ENCUMBRANCE MAY BE OF RECORD, AND GRANTEE TAKES SUBJECT TO ANY
SUCH PRIOR GRANT AND /OR ENCUMBRANCE. 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-
1445, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY OR COUNTIES IN WHICH THE PREMISES ARE
LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS
EASEMENT.
ARTICLE 111. TERM
3.01. This Agreement is for a period of perpetuity, beginning on August 1, 2010, unless amended or sooner
terminated as authorized by law or as set forth herein.
ARTICLE IV, CONSIDERATION AND TAXES
4.01. A. As consideration (Consideration) for the granting, or if applicable, renewal of this easement, Grantee
agrees to pay the STATE (payable to the Commissioner of the General Land Office at Austin, Texas) the sum of Five
Thousand Twenty Eight And 601100 Dollars ($5,028.60), due and payable upon the execution of this Agreement.
B. Past due Consideration and other past due payments shall bear interest as provided in TEX. NAT. RES.
CODE Section 51.301, as amended from time to time. Failure of Grantee to make a payment on or before the date the
same becomes due shall be deemed an act of default and, at the STATE's option, cause all payments to become due
and payable immediately; provided, however, STATE shall give Grantee notice of such default and allow a period of
thirty (3 0) days within which to cure the default before exercising such option to accelerate such payments.
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 Grantee's interest in
the Premises or on the Improvements constructed thereon.
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 a right -
of -way to construct, maintain, operate, inspect, repair, change the size of and replace one (1) 16 -inch water line (the
"Improvements "). Grantee shall not change (i) the operation of the pipeline in any material respect or (ii) the
category of products therein, without STATE's written permission, such permission not to be unreasonably withheld.
Also, it shall not be unreasonable for STATE to (a) condition its consent on Grantee procuring and providing proof to
STATE of adequate insurance to protect the Premises and (b) charge fees for (i) additional pipelines, and (ii)
changes in use operation, including but not limited to, a use separate and apart from the original use contemplated by
the Agreement, e.g. fiber optics and reverse flow. STATE agrees to grant or deny such permission within thirty (30)
days following Grantee's request for a category use change, provided such request includes all information necessary
for STATE to make an informed decision.
MF2010011& 2 CUSTOMER 1D: C000000881
me pl psf 04 22 2010.doc
jfielder
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. At its sole cost, risk, and expense,
Grantee shall have the right of ingress and egress for the purposes authorized by Section 5.01 and such right is not
granted for any other purpose. Grantee and the STATE mutually agree to coordinate the use of contiguous or
adjacent Permanent School Fund land or land owned by Grantee, respectively, and to exercise such right of use only
to the extent and in the manner allowed by the respective interests of the parties in the subjects lands 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.
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, as necessary for the STATE to confirm the removal (in whole or in
part) of the Improvements, and/or until any claims of liability against STATE arising in connection with the
Improvements are finally resolved. Such right of ingress and egress shall survive the expiration or earlier termination
of this Agreement, but only for so long as the Improvements remain on the Premises and/or any claims for liability
have not been finally resolved.
5.03. 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 perform mitigation and /or pay surface damage fees according to the STATE's
policy in effect at the time damages occur for any and all surface damages resulting from actions of
Grantees employees, contractors, and/or agents during the term of this easement. If mitigation is
required Grantee will be notified in writing by the STATE 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
STATE to Grantee following said damages.
B. Prior to any construction, installation, repair, or other activities on the Premises, Grantee shall provide
written notice of all the terms of this Agreement relating to the particular activity to any contractor and/or agent
involved in any such activity. On request, Grantee shall send a copy of such notice to the General Land Office,
ATTN: Asset Inspection, 1700 N. Congress Avenue, Austin, Texas 78701 -1495.
5.04. STATE shall have the right to use or to permit the use of any or all of the Premises for any purpose deemed, in
STATE's sole discretion, not to be inconsistent with Grantees easement grant. 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 any other purpose necessary to protect STATE's interests therein. Except in the
event of an emergency, in which case no notice is required by STATE, if STATE reasonably believes that a repair is
necessary to protect the health and safety of the public, the environment, or the value of STATE's property, STATE
shall give Grantee reasonable prior written notice of the necessary repair. If STATE gives such notice, and Grantee
does not initiate immediate action to pursue to completion such repair with diligence, STATE may, but shall not be
obligated to, undertake that repair, all costs of which shall be immediately due and payable by Grantee on STATE's
demand. This Section 5.04 is for the sole purpose of providing a mechanism for STATE to respond to a situation in
which immediate action is required to protect the State and /or public interest and such immediate action has not been
initiated by or on behalf of Grantee.
ME20100118 3 CUSTOMER CD: 0000000881
me p1 psf 04 22 2010.doc
jftelder
5.05. 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.
5.06. Failure by Grantee to construct, maintain and operate the Improvements in accordance with this Article V may
render such Improvements "unauthorized structures" as defined under in TEX. NAT. RES. CODE §51.302 and
subject them to sanctions provided therein.
ARTICLE VI. ASSIGNMENTS
6.01. A. Grantee shall not assign the premises or the rights granted herein, in whole or part, to any third party for
any purpose without prior written consent of the STATE, which consent may not be unreasonably withheld. For
purposes of this Section 6.01 A, the phrase "third party" shall not include any subsidiary or affiliate in which Grantee
owns, respectively, at least a majority percentage, or the largest plurality percentage, voting interest.
B. Grantee may assign this Agreement without STATE's consent to (a) a parent entity, (b) any affiliate of
Grantee controlled by the same parent entity, or (c) any subsidiary or affiliate in which Grantee owns, respectively, at
least a majority percentage, or the largest plurality percentage, voting interest, provided that, in any of the foregoing
events, (i) the resulting entity agrees in writing to assume and perform all of the terms and conditions of this
Agreement, and (ii) Grantee provides notice to STATE of any such assignment within thirty (30) days of such
assignment. In the event of such assignment, it is understood and agreed by both Grantee and STATE that the
original Grantee remains liable to STATE under all terms and provisions of the Agreement.
C. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect.
D. This provision and the prohibition against unauthorized assignments 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 V11. PROTECTION OF NATURAL AND HISTORICAL RESOURCES
7.01. With regard to all activities authorized herein, Grantee shall use all reasonable best efforts to: (i) prevent
pollution of air, ground, and water in and around the Premises, and (ii) to protect and preserve natural resources and
wildlife habitat. Grantee shall 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, natural resources, and wildlife habitat. In the event of a pipeline incident that is reportable to the U.S.
Department of Transportation, the General Land Office, or the Railroad Commission of Texas (or any other
applicable regulatory agency) that may result in pollution of the Premises or adjacent property, Grantee shall notify
the STATF immediately upon discovery of such incident, use all means reasonably available to recapture any
pollutants which have escaped or may escape, and mitigate for any and all natural resource damages caused thereby.
7.02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966,
(PB- 89-66, 80 STAT. 915,16 U.S.C.A. SECTION 470, ET. SEQ.) AND THE ANTIQUITIES CODE, ITITLE 9, CHAPTER 191, TEX.
NAT. RES. CODEI. 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 EASEMENT, GRANTEE SHALL IMMEDIATELY CEASE ANY AND ALL ACTIVITIES, AND NOTIFY THE
COMMISSIONER OF THE GENERAL LAND OFFICE AND THE TEXAS HISTORICAL COMMISSION, PO BOX 12276,
AUSTIN, TEXAS 78711, SO THAT APPROPRIATE ACTION MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH
DISCOVERIES OR FINDINGS, AS APPROPRIATE. 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,
ME20100118 4 CUSTOMER ID: 0000000981
me p1 psf 04 22 2010.doc
j8elder
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
8.01. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY
DAMAGE, OF ANY NATURE, ARISING OR RESULTING FROM OR ATTRIBUTABLE TO GRANTEE'S USE GRANTED
HEREIN OR THE ACTS OR OMISSIONS OF GRANTEE, ITS AGENTS OR CONTRACTORS RELATED TO GRANTEE'S
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, COSTS OF COURT, ATTORNEY'S
FEES AND COSTS OF INVESTIGATION OR EXPERTS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE
DAMAGE OR THE NEGLIGENCE OF ANY PARTY, (EXCEPT TO THE EXTENT OF THE PROPORTIONATE NEGLIGENCE
OR WILLFUL MISCONDUCT OF THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS)
ARISING DIRECTLY OR INDIRECTLY FROM OR ATTRIBUTABLE TO GRANTEE'S USE OF THE PREMISES (INCLUDING
ANY ADJACENT OR CONTIGUOUS LAND) OR FROM ANY BREACH BY GRANTEE OF THE TERMS, COVENANTS OR
CONDITIONS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
ARTICLE IX. DEFAULT, TERMINATION AND EXPIRATION
9.01 If, within thirty (30) days after receipt of written notice from the STATE specifying an act of default or breach,
Grantee fails to pay any money due hereunder or continues in breach of any term or condition of this Agreement, the
STATE shall have the right to terminate this Agreement and all rights inuring to Grantee herein. Should Grantee fail
to cure the specified default or breach within the allowed thirty (30) day period, this Agreement shall be subject to
termination, and upon such termination 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. Except as otherwise provided by applicable law or rule and subject to obtaining necessary approval from state
or federal agencies having applicable jurisdiction, or making best efforts to obtain such permits, Grantee shall, within
one hundred twenty (120) days from the date of expiration or sooner termination of this Agreement, initiate removal
of 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 coordinated with the General Land Office in accordance with 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, all of which shall be in accordance with generally accepted current pipeline industry standards
using available technology. Grantee shall notify the STATE at least ten (10) days before commencing
removal /restoration activities so that a General Land Office field inspector may be present.
ARTICLE X. NOTICE
10.01. 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 -5304, and if for Grantee, to it at PO Box 9277, Corpus Christi, TX
78469 -9277. 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.
ME20100118
me pl psf 04 22 2010.doc
jfiel der
5 CUSTOMER ID: 0000000881
10.02. 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 XI. INFORMATIONAL, REQUIREMENTS
11.01. A. For newly constructed pipelines, 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 D. 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 11.01, 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 (and referenced Exhibits) hereof. If there are changes or discrepancies in
the location of the Improvements authorized by this Agreement, the STATE may either terminate this Agreement, or:
(i) upon determination that the changed location results in unacceptable adverse impacts, require relocation of the
Improvements to conform to the authorized right of way, or (ii) upon determination of no unacceptable adverse
impacts, agree to replace Exhibit B attached hereto with a substitute exhibit denoted as Exhibit B -1. The substitute
exhibit shall be consistent with the as -built survey and signed by both parties. Upon attachment of Exhibit B -1
hereto, Exhibit B shall be void and of no further effect.
C. if all or any part of the Improvements are buried, Grantee shall submit to the STATE, within one hundred
eighty (180) days following installation or construction of the Improvements, a survey which includes coordinates, or
at STATE's option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas. The survey
shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit D. Failure or
refusal by Grantee to timely provide the 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.
11.02. A. Grantee shall provide written notice to the STATE of any change in Grantee's name, address, or legal
status (from a corporate entity to a partnership, etc.) and any change to other information required by this Agreement
within thirty (30) days of the effective date of the change.
B. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing
within thirty (30) days following such request.
C. 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 ten (10) days after the date when due, after notice to Grantee and
opportunity to cure, then, at STATE's discretion, Grantee may be required to pay the STATE a "Late Charge" not to
exceed One Hundred Dollars ($100.00) for each day so past due until the date on which the information is received or
the Agreement is terminated.
1 1,03. 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,
ME20i00118 ( CUSTOMER 9Q: C000000881
me pt psf 04 22 2010. doe
jfielder
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, and Grantee shall undertake any such actions as are, in the pipeline industry, ordinary and commercially
reasonable responses to such emergencies. Within twenty -four (24) hours following such emergency actions, Grantee
shall provide notice to the STATE of such actions as hereinabove provided.
ARTICLE XII. MISCELLANEOUS PROVISIONS
12.01. 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.
12.02. 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 instrument, not just to the specific article, section or paragraph in which
such words appear.
12.03. Neither tender nor acceptance of any sums payable hereunder nor failure by either party to complain of any
action, non - action or default of the other shall constitute a waiver as to any breach of any covenant or condition
contained herein nor a waiver of any of the 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 either party hereunder or covenant,
duty or obligation hereunder shall be deemed waived by the other party unless such waiver be in writing, signed by a
duly authorized representative of the party.
12.04. 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.
12.05. 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.
12.06. 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.
ME201001 18 7 CUSTOMER ID: 0000000881
me pl psf 04 22 2010. doe
jfelder
12.07, 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.
12.08. 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.
12.09. Subject in all respects to Section 12.01 of this Agreement, this Agreement is and shall be subject to any
applicable federal or state law, rule, order, or regulation presently or hereafter enacted or adopted to the extent, but
only to the extent, that such law, rule, order, or regulation preempts or supersedes STATE's authority to issue this
Agreement or to require any particular obligation of Grantee, provided, however, that in the event of a conflict
between any provision of this Agreement and any administrative rule promulgated by the General Land Office and/or
the School Land Board, this Agreement shall control.
ARTICLE XIII. RECORDING
13.01. 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 the recorded original of this Agreement is returned
by the county clerk responsible for such records.
ARTICLE XIV. ENTIRE AGREEMENT
14.01. This instrument, 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, or extended except by written instrument signed by all parties
hereto.
14.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a fully
executed counterpart to each party.
ME20100118 8 CUSTOMER 1D: C000000881
me pl psf 04 22 2010.doc
jfielder
TN
G]
Date
APPROVED:
Contents:
r
Legal:
"
Deputy:
Executive:
STATE, OF X Cq §
COUNTY OF jA,Ujj$.S §
d the seal of the General Land Office.
GRANTEE: CI Y OF CORPUS CHRISTI
By:
V�Qj 6-
rinte Name)
Title: ' 01Ye-C&W L 7Rh11C1P�?Y l
Date: ■c�( 3 1
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of S,QMb-t , 20 �Q ,
by
'.
Notary Public, State of d'Z°5(L s
My commission expires: 3
MARTHA SILVIA QUIROZ
" lit - MY COMMISSION EXPIRES
August 4, 20 3 i
ME20100118 9 CUSTOMER ID: C000000891
me pl psf 04 22 2010.doc
.ifielder
Exhibit A
VICINITY MAP ME20100118
OSO BAY, NUECES COUNTY, TEXAS
� A I 1 Y
N35'41 '20
10.75' ---
1
s
N 2y'04'00" E 122.82'
r�
j
bk
ti h
I k
4
2DO 100 O 200 400
GRAPHIC SCALE iN FEET
POWT OF 1rc4CT 77
1yeA SU81dERGED L€1YOs rRncT 78
CORPUS CHRfS"1 $AY $LAR4 E GED LANDS
' IPP CORPUS CHRIST! PAY
_
't]IN7 OF
n VREGINItrING
�+
o
... ........ ... ..._.._._.___...._.. _......_. ___._
e
r17ACT I r
MISCELLAIE01S E4SEHENT ". ".W ..✓
TUAS GENERAL LAND OFFICE" RECORDS
S3xrveyor, hereby certify .lhat tWu xOrvey map
Tract II acres
-,q N71 49 - W
N 7T 10714" W 813. 75'
t8G.93_
€ l -
"F T ' ", #s
Bh
TRACT H
€ 2C'E
M15CELLANEOUS EASE NT N0. 950050
lJ'
;E'XA GENERAL LAND OFf10E RFCORDS
the Texas Board DI Professional land Survey7XSg
C17Y OF C'ORPL'S CHRIST,
OPTION ARCR
A =Li2'JS `08 ° '
STATE OF TEXAS
R 5 4 w
TRACT C
SUBMERGED 4MDS
F-- 130.55'
OSO RAY
� — €ron r�otl fouaA
— C:tia3ai ^A :;ome;
1, Larry A. B;sher, Registered Profeasional Gana
S3xrveyor, hereby certify .lhat tWu xOrvey map
0CE91:' DF.IVE R= 586S.58'_�
was prepared fror3 an actual on the ground
survey made 'under my direetion and supervieia3L,
the facts found the iime
€ l -
"F T ' ", #s
and represeuis at of
this
-
4 - -
swr' =4 drat sure@ suhstantinilp
staudarda '
"
complies with Sloe curr@mt adopted ay
-�-
the Texas Board DI Professional land Survey7XSg
A =Li2'JS `08 ° '
v
R 5 4 w
}2=B".9.58'
Register I'rofesaiopal Land Surveyor
F-- 130.55'
R
U o'n z
�0
u a
1
k w
E
c
� — €ron r�otl fouaA
— C:tia3ai ^A :;ome;
1, Larry A. B;sher, Registered Profeasional Gana
S3xrveyor, hereby certify .lhat tWu xOrvey map
was prepared fror3 an actual on the ground
survey made 'under my direetion and supervieia3L,
the facts found the iime
€ l -
"F T ' ", #s
and represeuis at of
this
-
4 - -
swr' =4 drat sure@ suhstantinilp
staudarda '
"
complies with Sloe curr@mt adopted ay
-�-
the Texas Board DI Professional land Survey7XSg
Register I'rofesaiopal Land Surveyor
,,�„�.;_- .' <_''' o`�
� '.
Texas vegistratfaa o. 4147
'Y
.G �..�;.'
EXHIBIT „B„
NaismithEngineeringInc
E`i Sa a.Nk.G €tTht a l€EFhVERtF Ei kSCf`tYAL� L€R4 [:YT[t fli
F FEAA/NCS FNO C757RnlCES „f,R£_GR52 Fee vj TSPLS t 100 M
r<
r�rE inun�nr ;aJr� zoxe �ryfp' 1.ve�1
NEW UTILITv EASEMENT, x,EtNG
T1IC SAME UTILITY EASEMENT CA111311 TRACT Ii,
To Os7nw rave c1SUNCES (Sri ACE) AS R IN i0SCELLANIOUS EASEMENT H 95005D,
P,f(IL rPLY ANY DISTANCE er rxE TEXAS GENERAL LA NI) OFFICE RE {CORIsE,
94YERSE OF ThE CCAORED SG1E
FAC70P. "Gq 1S 0.99W72; , SITUATED IN CAYO DEL OSO STATE TPACI` C,
i § NUECES CDUN'TY, ':"ERAS,
col3Tr�I,r Nr 96 ACRPS
€S87d
._._
b
r
y
yS
0
O Cd
Y
1r+
00
METES AND BOUNDS
Exhibit C
ME20100118
Page l of 2
T.TTTLM EASEMENT
0.96 ACRE TRACT
A 0.96 AC:.RE'rRAC 1' OF I..AND OUT Oi; 'T'1 °IOSE; CERTA,l.I TRAC I'S Of•' SIIBVI ERGED I.,ANDS
SITUATED IN NUECES COUNTY, '] - EXAS AND DFSIGNAT1 D BY T1-1F, TFXAS Csl 1vEiZAL I,ANI.)
OFFICE A S CAYO DE-L OSO STATE "1RAC" 1' C, AND BEING'17FIE SAME UTlL,1T'Y F.AS1:aMf:NT AS
DESCRIBED AS TRACT 11, MISCELLANEOUS EASEMENT # 950050, T> XAS C;,FNERAL LAND
OFFICE RECORDS, AND BEING MORE PARTICULARLY DFSC1i f13LD AS FOLLOWS:
CC)1V,[ME C1.N (] at a Sl$ inch iron rod found at the north corner of'Tract 1 as described. in Miscellaneous
EaSiemen! No, M1:: 950050. THENCF South 35 41'20" West with the Northwest lint. of'said Tract 1, a
distance of 10.75 feet to a 5/8" diameter iron rod board at art angle point in said Northwest line;'L HE IkC E
South 21' 04' 00" West with the Northwest fine of said 'Tract 1, a distance of 109.89 fcet to the YOIN'r OF
BEGINNING !or the herein described utility easerncrrt;
THENCE South 71 ° 49' 07" Fast vvith the Northeast line of said Tract 11, a distance of 259.45 feet to a point
for corner,
THENCE E South 72° '10' 04" East, a distance of 413.66 feet to the point of curvature of a circular curve to
the right, which curve has a central angle of 02° 34' 03 ", a radius of 5,669.58 feet, a tangent distance of
127.05 feet and an arc length of 254.06 feet;
THENCE Southeasterly with said curve to the right, a distance of 254.061'eet to a point on the Northwest
line of Ward Island as described in a deed recorded in Volume 542, Page 354 of said Nueccs County [deed
Records,
THENCE NCE South 04 0 52' 13" West with the Northwest line of Ward Island, a distance of 31.14 feet to a
point for corner and being; the point of curvature ol.. ra circular curve to the left, which curve has a central
angle of 02° 39' 08 ". a radius of 5,639.58 feet, a tangent distance of 130.55 feet and an arc length of 261.05
k:eet;
TIIENCE Northwesterly with said curve to the tell, a distance of feet to a point for corder,
THENCE North 72° 10' 04" West - with the Southwest line of said Tract 11, a distance of 8 € 3.75 feet to a
point for corner;
T11FNCF I forth 71° 49' 07' West with the Southwest line of'said Tract I1, a distance of 186.93 feet w a
paint for corner;
THENCE South 78 55' 50" West with the Southwest line of said Tract 11, a distance of 94.84 feet to the
West corner of said "Tract 11;
THENCE North 26 41' 20" Lust with the Northwe st line of said Tract 11, .a distance of 64 -13 feet to a point
for carnet•;
THENCE North 21" 04' 00" East with die .Northwest lime of said Tract 11, a distance of 12.93 feet to the
POINT OF 13EGINNING and containing 41,719 square feet or 0.96 acre.
METES AND BOUNDS
Exhibit C
ME20100118
Page 2 of 2
NO'll',
ALL BEARINGS AND DISTANCES ARF GRID BEARINGS AIND DISTANCES BASED ON THE
TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983).
TO OB"T"AIN TRUE WSTANCES (SURFACE), MULTIPLY ANY DISTANCE BY THE INVERSE OF
THE COMBINED SCALE FACTOR, WHICH IS 0.9999727,
..........
RPLS
R.e-istei I
- ed r fesslonalLand Surveyor ...........
Texas Regii ation No, 4147 �- 1.,t` t$�TY..�A �i�iwi�l'
Naismith Engineering, Inc. 4147
Date:
Page 2 of 2
Exhibit D
Instructions for Preparing Exhibits ME20100118
For The Following
General Land Office Application:
Miscellaneous Easements (Pipeline)
As -built plats of projects on state -owned lands are required as part of the General Land Office (GLO) contract process. The
following instructions are to be followed when reporting as -built conditions for a previously approved project, when the activity is
a Miscellaneous Easement (Pipeline/Right -of -Way) on state land.
The information specified below represents minimum requirements of the GLO; additional information may be requested on a
project -by- project basis to facilitate a full evaluation of the activity.
The information should be submitted within 120 days of project completion. Each plat must conform to the specifications
contained herein.
NOTE: Surveys and survey plats required by other entities, Federal, State, County and /or City, are PERMISSIBLE
and USABLE for GLO provided they meet the following requirements.
IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INFORMATION IN ONE OF THE
FOLLOWING FORMATS:
1. ESRI format (i.e. Shape file, F00, or Geodatabase)
2. AutoDesk Map 6 or earlier version in DWG Format
3. Projection Information of the data set submitted
A. GENERAL INSTRUCTIONS:
1. Each 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 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 upland s , then provide county, survey name (original grantee) and, as applicable, survey or section
number, block number, township number, subdivision name, lot or tractnumber, and abstract number;
(2) if on submerged land then provide county name, waterbody name, and state tract number.
5. The scale for each plat must be clearly indicated both digitally and by graphic scale.
6. 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 stateowned land.
New Pipeline Installations: Following installation of the pipeline, the applicant is required by terms of the GLO contract to
provide a survey of actual burial depth measurements for that portion of the right -of -way length occupying state -owned land.
The spacing between depth -of- burial measurement points is a function of the length of right -of -way. 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 professional land surveyor (RPLS). 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 pipeline
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 +1- 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 Pipelines: At time of renewal of a contract for an existing underground pipeline easement, provide the data as
required under Section 3.02.(iv) of this easement contract.
CERTIFICATION BY A TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR IS REQUIRED ON ALL OF
THE FOLLOWING WITH THE EXCEPTION OF DIRECTIONALLY DRILLED WELL BORES,
B. SPECIFIC INSTRUCTIONS:
Survey Plats to be submitted 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.
1. Projects located on Tidally Influenced State -owned lands (Including the Gulf of Mexico, bay tracts, and the tidally
influenced portions of rivers, creeks, streams, and bayous):
Coordinates must be provided at the beginning and ending points of the right -of -way (ROW) 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 1927 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.
2. Projects across 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 projects, at completion of construction, or at time of renewal, an as -built plat 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 easement route, the plat shall provide a minimum of one identified point for each 1,000 feet of length. For
easement routes, fewer than 1,000 feet long but greater than 500 feet long, one mid -point shall be identified on the survey
plat.
b. Crossing the State -owned portion of a river, creek, stream, or bayou above the limit of tidal influenc
Information provided for projects crossing non -tidal state -owned rivers, creeks, streams, or bayous shall include
identification of the stream or water body by local name and any other names known (historic, from topographic or other
maps, etc.). In addition, the beginning and end points of the easement centerline, shall be identified by coordinates on the
Texas State Plane Coordinate System of 1927 or 1983, and should include course and distance of all segments of the
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 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 easement.
Doc'W 2011009
Pases 16
03/15/2011 3 :37PM
Official Records of
MUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $79.00
City of Corpus-Christi
Dept. of Engineering Services
Property and Land Acquisition
P. O. Box 9277
Corpus Christi, TX 78469 -9277
Ans Provision herein which restricts the Salev
Rental or use of the described
REAL PROPERTY because of Races Colors
Relisiant Secs Handicaps familial Status or
National Gr i s i n is invalid and unenforceable
under FEDERAL LAW 3/12/39.
.,T€7TE OF TEXAS
COUNTY OF NUECES
? herebs certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein bs thev and was dull RECORDED
in the Official Public Records of
Nueces {_ountss Texas
Di T. Sarrera