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Home My WebLink AboutC2012-197 - 6/8/2012 - NAUTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF NUECES § Port of Corpus Christi Authority of Nueces County, Texas, acting herein by and through its Part Commissioners hereunto duly authorized . (hereinafter called "Authority ") for and in consideration good and valuable considerations, including the covenants and conditions herein made and provided to be kept and performed by Grantee, has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY to City of Corpus Christi, P. O. Box 9277, Corpus Christi, Texas 78469 -9277, a Texas Home Rule municipal corporation, its successors and legal representatives (hereinafter called "Grantee "), a right -of -way and easement on and through the Authority's land located in Nueces County, Texas, for one 8 -inch natural gas pipeline. The easement hereby granted is described on Exhibit A and depicted on Exhibit B, each of which is attached hereto and incorporated herein by reference for all purposes. In the event construction is not commenced within one year from the date hereof, this easement will terminate,. unless the period for commencement of construction is extended beyond one year by Authority. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the rights and privileges hereby conveyed for so long as the easement granted is used for the Pipeline, and upon the following covenants and conditions which are a part of the consideration for this grant, which covenants and conditions are and shall be construed as covenants running with the land, and which covenants and conditions by its acceptance hereof Grantee covenants and agrees to keep and perform. This right -of -way and easement is granted subject to the following: A. Fee For the first ten (10) years of this agreement, Grantee will pay to the Authority a fee in the amount of One Thousand Five Hundred Fifty and 45/100 Dollars ($1,550.45) payable in advance. During each succeeding ten (10) year period during the term of this easement, the annual fee will be set by the Port Commissioners of the Authority based upon Authority's then current schedule for the fee for pipelines of the Pipeline diameter. Grantee may prepay all annual installments due for each ten (10) year period at the beginning of each period. B. Access The rights of ingress and egress hereinabove referred to in Grantee shall be confined to the above - described easement and Grantee shall not have the right to cross Authority's adjacent land, store materials or equipment thereon or to conduct any of its operations thereon, unless the prior consent of the Authority is obtained in writing, which consent will not be unreasonably withheld. Except in the case of an .emergency, Grantee agrees to notify the Authority not less than seventy -two (72) hours prior to its employees, agents or contractors entering upon the easement for construction, maintenance, repairs or other operations. 2012- 19 71lLocal SettingslTemporary�nlernet FileslContent.OullooklLCHSOZL2ICORPUS- 9261779 -v1- 6/08/12VT 2.DOC Port of Corpus Christi Authority INDE.AM C. Construction, Maintenance and Use Prior to the commencement of construction pf the Pipeline Grantee will furnish Authority issued for construction drawings. Grantee shall construct and maintain the Pipeline in a good and workmanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same. Grantee shall bury or otherwise install the Pipeline and any appurtenances to a minimum depth of 90 -feet below mean low tide at any point within 250 feet (either side) from the centerline of the Corpus Christi Ship Channel. Grantee's use of the easement herein granted and its operations in relation to it shall at all times comply with all applicable laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the Pipeline or any modification thereof, an as -built drawing of the location of the improvements and any modification. Grantee shall be responsible for coordination of its construction and use in the easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the right -of -way damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense. D. Reservations and Exceptions The easement herein granted shall be subject to any and all easements heretofore granted by Authority to other parties whether of record in Nueces County or not. The Authority reserves the right to grant easements upon, over, under and across the property embraced by the easement herein granted and to grant rights of use, leases and easements above, below and on the surface of such property. E. Assignment The rights herein granted may not be assigned without the prior written consent of the Authority, which consent will not be unreasonably withheld. This easement shall be deemed a covenant running with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. F. Termination This easement and all rights to use and occupy the easement shall terminate if Grantee shall at any time abandon or cease the use of the same for the purposes herein granted for a continuous period of two (2) years; and such termination will occur upon the expiration of the said two (2) year period. This easement and all of Grantee's interest hereunder, at the option of Authority, shall forthwith terminate upon breach by Grantee of any of the conditions hereof and the failure of Grantee to remedy the same within ninety (90) days after written notice from the Authority so to do. Grantee agrees it will within ninety (90) days after the termination of this easement remove the Pipeline existing in the easement and restore Authority's lands to the condition in which same existed prior to the existence of the pipe line. In the event Grantee fails to remove the Pipeline, the Authority may either declare the termination of Grantee's interest in any the Pipeline and all of Grantee's interest therein shall thereupon terminate, or the Authority may cause the Pipeline or any part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of Grantee. WL- 261779 C.IDocuments and Settingslveronicao.CCPDIILocal SettingsM mporary&ernet FileslContent.0utlooklLCHSOZL2ICORPUS- #261779 -v1- PCCA_CITY_ OF_CC _- UTILITY . DOC (6 11:56 AMJ The execution of this easement shall be conclusive of the agreement of Grantee to all of the terms and conditions hereof, whereupon this easement and all of its provisions shall extend to and be binding upon the legal representatives, successors and assigns of Grantee and Authority, respectively. WITNESS this 12' day of June 2012. p1tM AAp 0 v� ` LS� • Z Approved alto #.egalforrn:� Veronica Ocanas Assistant City Attorney For City Attorney PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: J& John P. LaRu Executive Director "Authority" CITY OF CORPUS CHRISTI s s Name: /�. Title: 4ii^eG1.r2 0,0 .ciG - vc j J�'veg "Grantee" WL- 261779 3 C.-Documents and Settingslveronicao.CCPD11Loca1 Settings7emporar Internet F'ileslContent.OutlaaklLCHSOZL2ICORPUS- 4261779 -v1- PCCA CITY OF CC_- _UTILITY EASEMENT 2 (2).DOC (6 12:05 PM) STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the _l� day of , 2012, by JOHN P. LaRUE, Executive Director of Port of Corpus Christi thority of Nueces County, Texas, on behalf of the Port. 91 FiRY L UIlBOIS , ? 1 NoMry Public STATE OF TEXAS My COMM. ESP. 06-25 -2015 COUNTY OF NUECES NOTARY PIA3LIC, STATE OF TEXAS My commissionexpires: This instrument was acknowledged before me can the MO day of a u 2012, by yl l] &. of the City of Corpus Christi, a Texas Home Rule municipal corporation, on belid City. - ±0U4±kr- Ljb-� G=z=� — NOTARY PUBLIC, STATE Of TEXAS M�TH y commission expires: � MY COMMISSIO 4, 2 JVL- 261779 C- !Anrwnrnts mrd SatlingstseranicaaC[ PU1 �.Locu1 ScrrirgsfTerynrpr}•7mer�rer files�Couterr torrrlookV .011S!lz1.:!Ct]RPiJS•�261 X79 -s1- PCCd C17T OF: CC - L°T11.17Y E4SFA1Ej%T 2.1x00 !b'8�201Z f 1:35 .til1 Port of Corpus Christi Authority Corpus Christi Ship Channel Natural Gas Pipeline Easement #95001 STATE OF TEXAS COUNTY OF NUECES BEING a 30' wide natural gas pipeline easement located within the Port of Corpus Christi Authority and described In Volume 833, Page 254 of the deed records of Nueces County, Texas, and Lot F, Texas State Aquarium Subdivision as recorded in.Volume 60,. Page 136 of the Map Records of Nueces County, Texas. The centerline of this easement being more particularly described by metes and bounds as follows: COMMENCING at a Set PK Nail at the southeast corner of a 50' wide Utility Easement as recorded in Document #2006064693 of the Official Public Records of Nueces County, Texas, said point being on the South side of the Corpus Christi Ship Channel and having a state plane coordinate of x = 2,357,244.23' and y 781,092.04, NAD27, Texas South Zone; THENCE S79 0 21'24 "E along the south boundary line of a tract of land described in Volume 833, Page 254 of the Deed Records of Nueces County, Texas, being the centerline and Point and Place of Beginning of this .easement; THENCE N26 0 53'48 "E through land described in said Volume 833, Page 254 and Lot F, Texas State Aquarium Subdivision as recorded in Volume 60, Page 136 of The Map Records of Nueces County, Texas, a distance of 913.66' to a Point on the southeasterly right -of -way line of the Surfside Boulevard cul -de -sac, being the northerly terminus of this easement; Bearings are with reference to State Plane Grid North and based on the centerline of the Corpus Christi Ship Channel being S79 0 21'24 "E. State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional. Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. _ .V.... This the ,e day of March, 2012 Cc Russell Q. Ochs State of Texas License No. 5,241 OTC q� o; '. ... RUSSELL D..00HS �•' 5241 N �" wr o BEARINGS ARE WITH REFERENCE TO STATE PLANE GRID NORTH BASED ON THE CENTERUNE W OF THE CORPUS CHRISTI SHIP CHANNEL BEING ' S79'2 1'24•E. �J ' LOT C LOT A VOL 6S Pa 166 RACC.T S if j LOT F / TEXAS STATE AQUARIUM SUED. / VOL 604 PG. 136 M.R.N.C.T.. m X W 5NrP CNAAIhF� .b P / J / / / I N POINT OF CON SET PK NAIL N 781092.04 E 2357244,23 MAP TO ACOOMPANY FIELD NOTES 1 5.62' CORPUS CH'RIS'TI SHIP CHANNEL CROSSING 30' NATURAL GAS PIPELINE EASEMENT OWNER: PORT OF CORPUS CHRISTI AUTHORITY BEING A 30' WIDE GAS PIPELINE EASEMENT LOCATED WITHIN THE PORT OF CORPUS CHRISTI AUTHORITY AND DESCRIBED IN •VOLUME 833, PAGE 254 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS AND LOT F, TEXAS STATE AQUARIUM SUED. AS RECORDED IN VOLUME 60, PAGE 136 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division - 361- 826 -- --3500 Date: 03 -05 --2012 Flle:\LAND PROJECTS 3\90015\ Drown 8y: R. OCMS SHIPCHANAIELCROSSINGDWG Checked LJ' 0. NESNITH Project: 95001 — MISC. GA5 PROJECTS (CORPUS CHRISTI SHIP CHANNEL CROSSING) F9;14-l'�Afff A COI RU ,VE CASEA1 V PORT OF CORPUS CHRISTI .4BBRI VlA77ON3 D.R.MC.T. - DEED RECORDS OF AUTH=TY NUECES COUMY, I VOL SM. PG. 2S4 ALR.MG.r - MAP RECORDS OF D.R.N.C.7 .. NUECES CWMTY. TDAS • ARRMC T. - OFFlCLAL PUBLIC RECORDS OF NUECES COUNTY, 7DFAS BEING A 30' WIDE GAS PIPELINE EASEMENT LOCATED WITHIN THE PORT OF CORPUS CHRISTI AUTHORITY AND DESCRIBED IN •VOLUME 833, PAGE 254 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS AND LOT F, TEXAS STATE AQUARIUM SUED. AS RECORDED IN VOLUME 60, PAGE 136 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division - 361- 826 -- --3500 Date: 03 -05 --2012 Flle:\LAND PROJECTS 3\90015\ Drown 8y: R. OCMS SHIPCHANAIELCROSSINGDWG Checked LJ' 0. NESNITH Project: 95001 — MISC. GA5 PROJECTS (CORPUS CHRISTI SHIP CHANNEL CROSSING) F9;14-l'�Afff A r � City of Corpus Christi Dept. of Engineering Services Property and Land Acquisition P. O. Box 9277 Corpus Christi, TX 78469 -9277 Doct 24012022377 Wages 7 06113/2012 112 11AM Official Records of NUECES COUNTY DIANA T. EARRERA COUNTY CLERK Fees $39 „00 Mai Provision herein which restricts the Sale: dental or use of the described REAL PROPERTY because of Race? Colorp Religions Sexy Handicaps Familial StatusA or National Origin is invalid and unenforceable under FEDERAL LAWS 3/12/89. Nueces count�) Texas Diana T. L?arrera STATE OF TEXAS COUNTY OF NUECES I herebg certify that this instrument was FILED in file number sequence on the date and at the time stamped herein b�i rtes and was dulg RECORDED in the Official Public Records of