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HomeMy WebLinkAboutC2012-276 - 8/14/2012 - ApprovedRECLAIMED WATER SUPPLY FOR IRRIGATION USER AGREEMENT Between City of Corpus Christi And Texas Veterans Land Board VLB Contract No. 12- 550 - 000 -6833 2012 -276 8114112 , p!y for Irrigation User Agreement Res. 029586 Land Board — Contract No. 12 -550- 000 -6833 GLO/Yeterans Land Board 1 INDEXED TABLE OF CONTENTS 1. RECITALS 4 2. DEFINITIONS 5 3. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS 6. 4. AREA OF USE 6. 5. BENEFICIAL USE STANDARD 6 6. MONITORING AND REPORTING 7 7. DELIVERY OF RECLAIMED WATER 7 8. RECEIPT AND APPLICATION OF RECLAIMED WATER 7 9. QUALITY OF RECLAIMED WATER.. 8 10. RECLAIMED WATER USE REQUIREMENTS 8 11. RECLAIMED WATER SUPERVISOR 9 12. ON -SITE FACILITY MODIFICATIONS 9 13. NOTIFICATION OF PUBLIC AND TO TCEQ 10 14. USE OF RECLAIMED WATER 10 15. PERMISSION TO ENTER 10 16. ENFORCEMENT 11 17. GENERAL CONDITIONS 91 18. TERM, TERMINATION, RIGHT TO TERMINATE 12 19. AUTHORITY TO SIGN 13 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12- 550 - 000 -6833 EXHIBITS Exhibit A. Application Areas — large format map; incorporated by reference; copies provided to the parties Exhibit B. Reuse Water for Irrigation — Designation of Reclaimed Water Supervisor (1 sheet) Exhibit C. Special Reclaimed Water Use Requirements (1 sheet) Exhibit D. City of Corpus Christi Effluent Reuse Facilities Operation And Maintenance Plan, last revised October, 2011 (10 pages) Exhibit E. Agreed Order Amending Operational Procedures and Continuing an Advisory Council Pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 -WR (11 pages) Exhibit F: Memorandum of Agreement Among the Veteran's Land Board of the state of Texas and Nueces County and the City of Corpus Christi, VLB Contract No. 09 -052- 000 --3409 (MOA — 49 Pages) 3 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12- 550 - 000 -6833 RECLAIMED WATER SUPPLY FOR IRRIGATION USER AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TEXAS VETERAN'S LAND BOARD STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT made this day of , 2012, between the City of Corpus Christi (the CITY), a Texas Home -rule municipal corporation, organized and operating pursuant to its home rule charter, and TEXAS VETERANS LAND BOARD (VLB or USER), an agency of the STATE OF TEXAS. 1. RECITALS WHEREAS, VLB owns, operates and maintains the Coastal Bend Texas State Veterans Cemetery (Cemetery) located at the intersection of IH 37 and Fulton Corridor in the City of Corpus Christi with certain landscaped areas that VLB desires to irrigate with reclaimed water supplied by the CITY and the reclaimed water will replace VLB's potable water for landscape irrigation and will allow the CITY and the VLB to conserve potable water; and WHEREAS, the CITY's Water Conservation Plan encourages for increased usage of reclaimed water as appropriate and where feasible so as to preserve the CITY's fresh water supply; and WHEREAS, the CITY under the authority of State of Texas has established standards for the beneficial use of reclaimed water; and WHEREAS, the CITY agreed under the Memorandum of Agreement denominated GLO Contract No. 09 -052 -000 -3409 that took effect on October 23, 2008 to provide Reclaimed Water to the VLB for irrigation purposes at a minimum of seventy (70) gallons per minute without charge to the VLB; and WHEREAS, the parties desire to enter into an Agreement to further detail the method and manner by which the City will supply reclaimed water to VLB for landscape irrigation and the requirements by which the VLB will receive and use the reclaimed water; and 4 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550- 000 -6833 WHEREAS, the City is subject to that certain Agreed Order issued by the Texas Commission on Environmental Quality (TCEQ) Amending the Operational Procedures and Continuing an Advisory Council Pertaining to Special Condition 5.B., Certificate of Adjudication No. 21- 32.14; Docket No. 2001- 0230 -WR NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 2. DEFINITIONS Definition of Terms: As used in this Agreement, the following terms shall have the following meanings: A. "Agreed Order" means the Agreed Order amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230-WR, to which the City and this Agreement are subject (Exhibit E) . B. "Cemetery" means the Coastal Bend Texas State Veterans Cemetery located in the City of Corpus Christi. C. "CITY" means the City of Corpus Christi, Texas, its City Manager or designee, its Director of Water, and its Director of Wastewater, all of which are authorized to act on behalf of the CITY under this Agreement . D. "Commission" means the Texas Commission on Environmental Quality (TCEQ). E. "GLO" means the Texas General Land Office. The GLO provides administrative support to the VLB, and employees of the VLB are considered employees of the GLO. F. "MOA" means that certain Memorandum of Agreement denominated GLO Contract No. 09 -052- 000 -3409 that took effect on October 23, 2008 (Exhibit "F "). E. "Potable Water" means water meeting the requirements of the Texas Department of Health for human consumption and other domestic uses. F "Reclaimed Water" means wastewater that is under the direct control of the treatment plant owner /operator which has been treated to a quality suitable for beneficial use. G. "TAC" means the Texas Administrative Code. H. "TDS" means Total Dissolved Solids. 5 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12- 550 -000 -6633 I. "TWDB" means the Texas Water Development Board. J. "Type 11 Reclaimed Water" means wastewater appropriate for use in accordance with 30 TAG § 210.32. J. "USER" means the person or entity utilizing treated wastewater for agricultural, domestic, commercial or industrial purposes but does not originally treat the domestic wastewater. K. "VLB" means the Texas Veterans Land Board. L. 'Wastewater" means water containing waste, including grey water, black water, or water contaminated by waste contact, including process - generated and contaminated rainfall runoff. Any other words or phrases relating to the use of Reclaimed Water herein, shall have the same definitions as those given under 30 TAC, Chapter 210 "Use of Reclaimed Water" (30 TAC, §210.3). 3. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS The CITY and the VLB agree to comply with any applicable law, rule, or regulation in carrying out their obligations under this Agreement. . VLB and CITY acknowledge and agree that any delivery or release of CITY's water, including any delivery of Reclaimed Water under this Agreement, affects the C1TY's environmental flows, and affects the CITY's capacity to deliver and plan for.delivery of water to meet the needs of the CITY's water customers and the CITY's other contractual obligations. 4. AREA OF USE VLB shall use Reclaimed Water supplied by the CITY on irrigated landscape located within a total of approximately fifty -four (54) acres which Site is more fully described in Exhibit "A" which is attached hereto and made a part of this Agreement for all purposes. 5. BENEFICIAL USE STANDARD The CITY intends to promote the beneficial use of Reclaimed Water and compliance with State rules (30TAC210) for the application of Reclaimed Water. The use of Reclaimed Water by the VLB shall meet the following minimum criteria: A. The VLB shall maintain sites with a vegetative cover in the condition required by the United States Department of Veterans Affairs. 6 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550- 000 -6833 B. The City shall supply Reclaimed Water in accordance with the MOA (Exhibit "F ") under which the City agreed to provide Reclaimed Water to the VLB for irrigation purposes at a minimum of seventy (70) gallons per minute. C. VLB shall maintain soil, irrigation, and management practices to avoid ponding or runoff of Reclaimed Water. 6. MONITORING AND REPORTING The VLB and the CITY will conduct periodic monitoring for the purpose of ensuring that the beneficial use standards in Section 6 of this Agreement are being met at Reclaimed Water irrigated sites. The CITY will provide monitoring reports annually to VLB addressing any needed improvements to comply with the beneficial use standards listed in this Agreement. 7. DELIVERY OF RECLAIMED WATER A. The CITY shall deliver Reclaimed Water from an 8" force main which terminates at the VLB property line. The Reclaimed Water usage shall be metered using an ultrasound flow meter which is provided and installed by the City on the 16" force main. The location of the Reclaimed Water meter is shown on Exhibit "A B. If by reason of Force Majeure, the CITY shall be rendered unable wholly or in part to carry out its obligations under this Agreement to deliver Reclaimed Water, it shall not be required to,deliver Reclaimed Water, and its failure to deliver Reclaimed Water in accordance with the terms and conditions of this Agreement, shall not be considered a breach of this Agreement. The term "Force Majeure" as used in this Agreement shall mean acts of God, unavoidable accident, strikes, lock -outs, or other industrial disturbances, acts of the public enemy, orders of any kind of the federal or state government, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes. storms, floods, washouts, droughts, power failures, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, the partial or entire failure of the CITY Water System, or other causes, or by reason beyond the CITY'S control. 8. RECEIPT AND APPLICATION OF RECLAIMED WATER A. This Section shall become effective as soon as the CITY is able to deliver Reclaimed Water to the Site. Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12- 550 -000 -6833 B. VLB agrees to receive, accept and apply Reclaimed Water supplied by the CITY only for irrigation of VLB's landscaped areas identified in Section 4. VLB shall control and be responsible for the application of Reclaimed Water to the Site in accordance with the beneficial use standard in Section 5 of this Agreement, all applicable laws and regulations, including those in 30 TAC, Chapter 210, and THE CITY Rules and Regulations. C. The City of Corpus Christi's Water Conservation Ordinance shall apply unless a variance from those provisions is granted by the CITY. The use of Reclaimed Water will not be curtailed due to the imposition of drought management plans. D. VLB's agreements with a third party for the management of the Site shall not in any way relieve VLB of compliance with the terms of this Agreement. 9. QUALITY OF RECLAIMED WATER The City makes no guarantees as to the quality of Reclaimed Water delivered to VLB by the CITY. The City endeavors to deliver water of a quality satisfactory for irrigation of landscape areas with unrestricted public access in accordance with 30 TAC, Chapter 210. VLB understands and agrees that the quality of the Reclaimed Water, especially salinity or other constituents, is different from that of VLB's normal potable water supply and that a possibility exists that VLB's turf management practices may have to be altered and that some landscape species may eventually need to be replaced with more tolerant species. VLB UNDERSTANDS AND AGREES THAT THE CITY MAKES NO WARRANTIES AS TO THE QUALITY OF THE RECLAIMED WATER. IN ADDITION, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE OR THE IMPLIED WARRANTY OF MERCHANTABILITY ARE HEREBY EXCLUDED. 10. RECLAIMED WATER USE REQUIREMENTS The use of Reclaimed Water is regulated by the Commission and CITY's Ordinance. Some of the requirements for use of Reclaimed Water are contained in attached Exhibit "C ". VLB shall fully inform itself of applicable requirements for the use of keclaimed Water and abide by all laws and regulations governing Reclaimed Water use. The VLB shall implement a salinity mitigation program. The mitigation program shall include, but not be limited to, the following measures to eliminate or reduce foliar damage and soil salinity accumulation: A. Replacing or realigning irrigation to prevent spraying of foliage; 8 Effluent (Reclaimed Water) Supply for irrigation User Agreement Genera! Land Office/ Veteran's Land Board — Contract No. 12- 550 - 000 -6833 B. Removal, fracturing, or penetration of caliche and /or clay underlying areas of salt accumulation; C. Possible rescheduling of irrigation to minimize foliar damage or salt accumulation; D. Top dressing with sand as needed; and E. Soil salinity monitoring and testing as needed to ensure that the beneficial use standards are being met. 11. RECLAIMED WATER SUPERVISOR A. VLB shall designate an individual as VLB's Reclaimed Water Supervisor. The Reclaimed Water Supervisor shall be VLB's coordinator and the direct contact person between the CITY and the VLB. The VLB agrees that the Reclaimed Water Supervisor shall be responsible for the proper operation of VLB's Reclaimed Water system, implementing the requirements of this Agreement relative to the on -site use of Reclaimed Water, monitoring of VLB's Reclaimed Water system for prevention of potential hazards, and coordination with the CITY and other regulatory agencies. The CITY will assist in the training of VLB's Reclaimed Water Supervisor as time and resources permit; however, it shall be the non - delegable responsibility of VLB to assure its Reclaimed Water Supervisor is trained in the use and handling of Reclaimed Water in accordance with all applicable rules, regulations and laws. B. VLB shall inform the CITY in writing of the name, position and daytime and nighttime telephone numbers of VLB's Reclaimed Water Supervisor and shall promptly inform the CITY in writing of any changes of designee and /or phone numbers during the term of this Agreement. 12. ON -SITE FACILITY MODIFICATIONS A. If modifications are necessary to VLB's on -site facilities to conform to applicable Reclaimed Water use requirements, VLB shall submit its plans and specifications for such modifications to the CITY through its Director, Wastewater Department. All modifications required in VLB's on -site facilities shall be the sole cost and responsibility of VLB. The CITY shall assist VLB in identifying the modifications and /or changes required in VLB's on -site facilities. It shall be VLB's responsibility to construct the modifications in accordance with the plans and specifications, and with applicable laws and regulations. B. The CITY shall install and maintain the following facilities on the VLB's Site: 9 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550- 000 -6833 1. Reclaimed Water meter, as required to monitor the declaimed Water deliveries made to VLB. 2. VLB shall provide the CITY with any easements necessary for delivery of Reclaimed Water to VLB's premises at a mutually agreeable location. 13. NOTIFICATION OF PUBLIC AND TO TCEQ A. The VLB shall provide proper notification to VLB's employees and to the public that Reclaimed Water is being used on the Site in accordance with applicable laws and regulations. Prior to VLB's commencement of the use of Reclaimed Water under this Agreement, the CITY will notify the Executive Director of the Commission and obtain approval for such use in accordance with 30 TAC, Chapter 210 (30 TAC §210.4). B. Upon completion of all on -site modifications and changes to VLB's Reclaimed Water and potable water systems, VLB shall provide the CITY with as -built drawings of VLB's completed Reclaimed Water system and potable water system on VLB's Site. The drawings shall show at a minimum, the locations of all pipelines, controllers, valves, buildings, structures, property boundaries, and any other features important to the onsite use of Reclaimed Water. 14. USE OF RECLAIMED WATER A. The CITY will provide VLB with a minimum of severity gallons (70) per minute of Type II Reclaimed Water or effluent without charge. For the purpose of this Section, "Reclaimed Water" includes all water delivered to VLB through the CITY's Reclaimed Water delivery system. If applicable, the CITY shall read the Reclaimed Water meter at least monthly consistent with the CITY's normal meter reading schedule. C. If applicable, the VLB and the CITY shall maintain records of the date and amount of Reclaimed Water delivered to VLB by the CITY and of all other records required by law to be kept for 5 years in accordance with the requirements of 30 TAC, Chapter 210 (30 TAC §210.36). 15. PERMISSION TO ENTER VLB hereby grants to the CITY and regulatory agencies, acting through their duly authorized employees, agents, or contractors, access at all reasonable times to enter the Site for the purpose of observing construction or modification of Reclaimed Water 10 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550 -000 -6833 facilities, for maintaining and repairing the CITY- installed facilities, for meter reading, and for observing and verifying that VLB is properly operating its Reclaimed Water facilities in accordance with the terms and conditions of this Agreement, the Ordinances, Rules and Regulations of the CITY and 30 TAC, Chapter 210. When entering VLB's premises, the CITY or the regulatory agencies shall not unreasonably interfere with VLB's operations and its use of the premises. 16. ENFORCEMENT If the CITY finds that the VLB is not meeting the Beneficial Use Standard in Section 7 of this Agreement, the CITY will notify the VLB in writing of its findings of noncompliance. VLB shall respond to the CITY with a Site Improvement Plan to include a schedule of time needed to address and resolve noncompliance issues. Unless otherwise approved by the CITY, User will have six (6) months from the date the CITY notifies User of noncompliance in written, to implement the Site Improvement Plan measures. 17. GENERAL CONDITIONS A. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas, and venue of any litigation hereunder shall be in a court of competent jurisdiction sitting in Nueces County, Texas. B. The MOA, this Agreement and the attachments hereto contain all the agreements of the parties with regard to this Agreement and cannot be enlarged, modified or changed in any respect except by written agreement between the parties. C. The unenforceability, invalidity or illegality of any provisions of this Agreement shall not render the other provisions unenforceable, invalid or illegal, but the parties shall negotiate as to the effect of said unenforceability, invalidity or illegality on the rights and obligations of the parties. D. The CITY and USER will each use their best efforts to fully cooperate with one another as may be necessary to diligently obtain and maintain in effect any required permits and all other approvals and records required by regulatory requirements that may be necessary for the CITY and USER to perform under, or take advantage of, the terms and conditions of this Agreement. E. The captions, titles and headings in this Agreement are merely for the convenience of the parties and shall neither limit nor amplify the provisions of the Agreement itself. F. Notices to be given by either party to the other relative to this Agreement shall be in writing. Both parties agree that any such notice shall be 11 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12- 550 -000 -6833 effective when personally delivered or deposited, postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows: CITY: City of Corpus Christi Attn: Assistant City Manager for Public Works Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 City of Corpus Christi Attn: Director of Wastewater Operations Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 w /copv to: City of Corpus Christi Attn: City Attorney Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 VLB: Texas General Land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Legal Services Division G. This Agreement is for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third party. Nothing herein shall be construed to confer standing upon any third party who did not otherwise have such standing. 18. TERM, TERMINATION, RIGHT TO TERMINATE The primary term of this Agreement is five (5) years from its date of execution by all the parties. Thereafter, unless noticed in writing, this Agreement shall be automatically renewed for five (5) year terms unless terminated in accordance with any other provision of this Agreement. 12 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office / Veteran's Land Board — Contract No. 12- 550 - 000 -6833 In addition, either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party of its intent to do so. Termination of this Agreement does not relieve either party of its obligations under the MOA. 19. AUTHORITY TO SIGN The persons signing this Agreement represent that they are duly authorized to legally bind the party on whose behalf they sign. Signature Page Follows 13 Effluent (Reclaimed Water) Supply for Irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550- 000 -6833 Signature page for RECLAIMED WATER SUPPLY FOR IRRIGATION USER AGREEMENT Between City of Corpus Christi And Texas Veterans Land Board IN WITNESS WHEREOF, the CITY and VETERAN'S LAND BOARD have executed this Agreement as of the date and year first written above. CITY OF CORPUS CHRISTI Ron L. Olson City Manager ATTEST: 01"62C--- Armando Chapa City Secretary GENERAL AND OFFICE 1 VETERANS LAND BOARD 111 4 Larry L. Laine, C ief Clerk/ Deputy Land Commissioner Date of execution: (Kevin Warren, Depu ommissioner `'Veterans Homes aref Cemeteries Program GC Effluent (Reclaimed Water) Supply for irrigation User Agreement General Land Office/ Veteran's Land Board — Contract No. 12 -550- 000 -6833 , o 95 V:its rwrr.�.�rwwrr u f C�86filCAl . 1. 14 Exhibit A Application Areas - Large Format Map Incorporated herein by reference for all purposes Copy provided to the parties separately EXHIBIT B GLO CONTRACT NO. 12-550-000-6833 PAGE 1 OF I EXHIBIT B REUSE WATER FOR IRRIGATION DESIGNATION OF RECLAIMED WATER SUPERVISOR User Name: The Coastal Bend Texas State Veterans Cemetery of the Veterans Land Board Address: 9974 1H 37Access Road Corpus Christi, Texas 78410 -1408 Reclaimed Water Supervisor Information: Full Name: Robert Krussow, Jr. Full Title: Operations Supervisor Work Phone # :361- 248 -4830 Emergency Phone #: 512 -748 -4589 Cell or Pager #: 512 - 748 -4589 E -mail Address: rk@premiercemeteryservice.com USER: By: (Print Name) LARRY L. LAINE. CHIEF CLERIC DEPUTY LAND COMMISSIONER (Title) F—Ecgal Effluent (Reclaimed Water) Supply for Irrigation User Agreement Designation of Reclaimed Water Supervisor EXHIBIT 1:3 Page 1 of 1 FXIIIT3IT C GLO CONTRACT NO. 12- 55O -OOO -6833 PAGE 1 OF 2 EXHIBIT C SPECIAL RECLAIMED WATER USE REQUIREMENTS The following use requirements are intended to satisfy the requirements of the Texas Water Commission for the safe use of reclaimed water for unrestricted landscape irrigation: 1. Runoff of reclaimed water and spray shall be minimized. 2. Signs in both English and Spanish shall be provided at main entrances to the Site and at reclaimed water hose bibs and faucets to inform the public that reclaimed water is being used. 3. Site shall be managed so that public contact with reclaimed water shall be minimized. 4. Above - ground reclaimed water facilities shall be marked by authorized methods to differentiate the reclaimed water facilities from the potable water facilities. Belowground reclaimed water facilities shall be similarly marked if newly constructed or if exposed for repair. 6. Reclaimed water valves, outlets, quick couplers and sprinklers shall be of a type, or secured in a manner, that permits operation only by USER'S authorized personnel. 6. For new underground construction, there shall be at least a 9 -foot horizontal and 1- foot vertical separation between all pipelines transporting reclaimed water and those transporting potable water, with the potable water pipeline above the reclaimed water pipeline. 7. A backflow prevention device shall be provided at all potable water service connections in reclaimed water use areas. There shall be no connection between potable water and reclaimed water piping. Supplementing reclaimed water with any potable water shall not be allowed except through an air -gap separation. 8. Drinking water facilities and swimming pools shall be protected from reclaimed water spray. 9. Adequate measures shall be taken to minimize ponding and to prevent breeding of mosquitoes. Effluent (Reclaimed Water) Supply for irrigation User Agreement Special Reclaimed Water Use Requirements EXHIBiT C Page 1 of 2 _s : :a 5rn ::«,..__.: , . arm sa EXHIBIT' C GLO CONTRACT NO, 12- 550 -000 -6833 PAGE 2 OF 2 10. inspection, supervision and employee training shall be provided by USER to assure safe and proper operation of the reclaimed water system. 11. All valves of any type installed below grade (including existing valve boxes) shall be housed in a valve box with a purple locking cover. 12. Use of reclaimed water by subsequent owners or lessees will not be allowed unless they are advised of these requirements and sign a new User Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Effluent (Reclaimed Water) Supply for Irrigation User Agreement Special Reclaimed Water Use Requirements EXHIBIT C Page 2 of 2 EXHIBIT D GLO CONTRACT NO. 12-550-000-6833 12 PAGES RECLAIMED WATER FACILITIES Operation and Maintenance Plan PREPARED BY CITY OF CORPUS CHRISTI WASTERWATER DEPARTMENT JUNE 2003 REVISED October 2011 i . . . .......... ... TABLE OF CONTENTS I. Regulatory Authority 1 II. General Requirements. 2 III. User's Reclaimed Water Supervisor 4 IV. On -Site Facility Modifications 5 V. Labeling and Separation of Facilities 6 VI. Access to Reclaimed Water Facilities 6 VII. Prevention of Human Exposure 7 VIII. Reclaimed Water Quality 7 IX. Monitoring, Sampling and Analysis: 8 X. Operation & Routine Maintenance: 8 XI. Training and Safety 9 XII. Contingency Plan 9 ii CITY OF CORPUS CHRISTI WASTEWATER DEPARTMENT EFFLUENT REUSE FACILITIES Operation and Maintenance Plan The City of Corpus Christi fully embraces responsible environmental stewardship of its resources. The City endorses the responsible use of reclaimed water by the serviced community. Delivery of reclaimed water will adhere to the tenets of the Texas Commission on Environmental Quality (TCEQ) Chapter 210, for Type I and/or Type II uses, and will be delivered when available for use. The City of Corpus Christi Wastewater Department has developed this plan to provide proper operation and maintenance of the user's reclaimed water facilities and addresses specific issues identified in the use of reclaimed water and the methods that will be employed to minimize potential problems. The plan may be updated, with notification to the TCEQ, to reflect any changes that occur within the system. I. Regulatory Authority The City of Corpus Christi distributes reclaimed water for beneficial reuse under the authority of the State of Texas. On May 17, 1999, the TCEQ issued Authorization No. R10401 -003 to the City, which provides for Type I and/or Type II uses of wastewater treatment plant effluent from the following City —owned facilities: • Oso Wastewater Treatment Plant, TPDES Permit No.10401 -004; • Greenwood Wastewater Treatment Plant, TPDES Permit No. 10401 -003; • Broadway Wastewater Treatment Plant, TPDES Permit No. 10401 -005; • Allison Wastewater Treatment Plant, TPDES Permit No.10401 -006; • Laguna Madre Wastewater Treatment Plant, TPDES Permit No. 10401 -008 (Type 11 only); • Whitecap Wastewater Treatment Plant, TPDES Permit No.10401 -009. On November 15, 2006, the TCEQ issued a separate authorization for each facility. The authorization numbers are the following: • Oso Wastewater Treatment Plant, Authorization No. R10401-004; • Greenwood Wastewater Treatment Plant, Authorization No. R10401 -003; • Broadway Wastewater Treatment Plant, Authorization No. R10401 -005; 1 • Allison Wastewater Treatment Plant, Authorization No. R10401 -006; • Laguna Madre Wastewater Treatment Plant, Authorization No. R10401 -008 (Type 11 only); • Whitecap Wastewater Treatment Plant, Authorization No. R10401 -009. The effluent is to be used for the following Type land Type 11 uses, as defined in 30 TAC, Chapter 210 and as permitted in the individual authorizations; the irrigation of golf courses, ball parks, schools, parks, industrial centers, apartment complexes, commercial properties, irrigation of a `closed' landfill, home lawn watering, road median and also used for cooling towers, fire fighting and road construction. Type 1 reclaimed water use includes irrigation or other uses in areas where the public may be present during the time when irrigation takes place or other uses where the public may come in contact with the reclaimed water. Type 11 reclaimed water use includes irrigation or other uses in areas where the public is not present during the time when irrigation takes place or other uses where the public would not come in contact with the reclaimed water. II. General Requirements: A. The user shall use the reclaimed water in accordance with this agreement, City ordinances, and TAC Chapter 210 relating to reclaimed water. B. The City of Corpus Christi will not be liable for misapplication of reclaimed water by users. The user is responsible for ensuring that reclaimed water overflow, crop stress, and undesirable soil contamination does not occur. C. The City of Corpus Christi may conduct periodic audits of appropriate controls implemented by reclaimed water users. D. Food crops that may be consumed raw by humans shall not be spray irrigated. Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of reclaimed water with edible portions of food crops are acceptable. E. There shall be no nuisance conditions resulting from the user's distribution, use, and/or storage of reclaimed water. 2 F Reclaimed water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. G. Reclaimed water managed in storage ponds must be prevented from discharge into waters in the state, except for discharges directly resulting from rainfall events or in accordance with a permit issued by the TCEQ. All other discharges are unauthorized. If any unauthorized overflow of storage pond occurs causing discharge into or adjacent to waters in the state, the user shall report any non- compliance within five working days of becoming aware of the overflow to the TCEQ and to the City of Corpus Christi. The written submission of such information shall be provided to the TCEQ regional office and to the Austin Office, Water Enforcement Section (MC -149) and shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. H. Use of hose bibs and faucets are prohibited unless specifically approved by the City of Corpus Christi, Water Department Director. The reclaimed water user shall provide reasonable control of the application rates for reclaimed water applied to irrigation areas. These controls shall encourage the efficient use of reclaimed water and avoid excessive application of reclaimed water that results in surface runoff or excessive percolation below the root zone. J. The user may not resell, trade or transfer reclaimed water to any other person or legal entity. The user is also prohibited from conveying reclaimed water to any other premises or location. K. The user is solely responsible for any private distribution system, storage, or transmission costs, including the initial construction cost, and operation and maintenance of the private reclaimed water 3 system on the user's property. All facilities shall be designed, constructed, and operated in accordance with 30 TAC, Chapter 210. L. Distribution systems must be designed to prevent operation by unauthorized personnel. Irrigation operations shall be managed in a manner to minimize the inadvertent contact of reclaimed water with humans. Operational or tail water controls shall be provided and maintained to preclude discharge of reclaimed water from irrigation sites. M. The City shall install and maintain a reclaimed water meter, as desired, to monitor the reclaimed water deliveries made to User. Meter will be calibrated regularly. N. The reclaimed water User shall provide reasonable control of the application rates for reclaimed water. These controls shall encourage the efficient use of reclaimed water and avoid excessive application of reclaimed water. 111. User's Reclaimed Water Supervisor A. User shall designate an individual as User's Reclaimed Water Supervisor. The Reclaimed Water Supervisor shall be User's coordination manager and the direct contact person between the City and the User. The Reclaimed Water Supervisor shall be responsible for the proper operation of User's reclaimed water system, implementing the requirements of the Agreement relative to the on -site use of reclaimed water, monitoring of User's reclaimed water system for prevention of potential hazards, and coordination with the City and other regulatory agencies. It shall be the non - delegable responsibility of User to assure its Reclaimed Water Supervisor is trained in the use and handling of reclaimed water in accordance with all applicable rules, regulations and laws. B. User shall inform the City in writing of the name, position, address and daytime and nighttime telephone numbers of User's Reclaimed Water Supervisor and shall promptly inform the City in writing of any 4 changes of designee andlor phone numbers during the term of the Agreement. C. The Reclaimed Water Supervisor or his representative shall be available during normal working hours at an address listed with the City for the purpose of hosting an inspection tour or for discussing operational aspects of the system and shall be available via telephone at a number listed with the City for emergency off -hours contact. D. The Reclaimed Water Supervisor shall be responsible for furnishing the Operations Personnel system operating instructions, maintenance instructions, controller charts, and record drawings to ensure proper operation in accordance with the irrigation system design and these Regulations. At least one complete set of this information shall be kept on site or in the nearest field office or maintenance building established by the Reclaimed Water Supervisor. E. The Water Supervisor retains the responsibility of properly disseminating this information to all appropriate Operations Personnel. IV. On -Site Facility Modifications A. If modifications are necessary to User's on -site facilities to conform to reclaimed water use requirements or to meet modified requirements, User shall submit its plans and specifications for such modifications to the City Engineering Services who shall review same before construction commences and whose approval shall not unreasonably be withheld. All modifications required in User's on- site facilities shall be the sole cost and responsibility of User. The City shall assist User in identifying the modifications and/or changes required in User's on -site facilities. It shall be User's responsibility to construct the modifications in accordance with the approved plans and specifications, and with applicable laws and regulations. 5 V Labeling and Separation of Facilities A. All reclaimed water distribution facilities shall be labeled and separated from potable water distribution facilities for the prevention of cross connection between reclaimed water lines and potable water lines. Supplementing reclaimed water with any potable water shall not be allowed except through an air -gap separation. B. Reclaimed water piping shall be separated from potable water piping when trenched by a distance of at least nine feet. C. All exposed piping, hose bibs and faucets shall be purple and designed to prevent connection to a standard water hose. All buried piping installed after the effective date of these rules shall be one of the following: manufactured in purple, purple fusion - bonded epoxy coated, or bagged in purple. All exposed piping should be stenciled in white with a warning reading "Non- Potable Water." D. One of the following requirements must be met by the user for any area where reclaimed water is stored or where there are hose bibs or faucets: Signs having a minimum size of eight inches shall be posted at all storage areas and on all hose bibs and faucets reading, in both English and Spanish, "Reclaimed Water, Do Not Drink" and "Agua Reclamada, No Bebe el Agua" or similar warning; or the area shall be secured to prevent access by the public. In addition, signs will also be posted around any lake or pond that receives Reclaimed Water reading in English and Spanish, "No Wading or Swimming." E. All sprinkler heads and sprinkler control box covers shall be purple. VI. Access to Reclaimed Water Facilities A. Reclaimed water facilities shall be secured to prevent unauthorized access. Such facilities shall be fenced or locked to restrict access to authorized users, and shall be clearly labeled. B. Access to areas under irrigation with Type II reclaimed water shall be restricted to ensure that the public shall not come in contact with reclaimed water. 6 VII. Prevention of Human Exposure A. Reclaimed water shall be used in such a manner that will minimize the risk of inadvertent human exposure. Irrigation operations shall be at night or when the public is not present (potential for human contact is low). B. There shall be no off -site discharge, either airborne or runoff, or reclaimed water from the User's property except to a waste water treatment or wastewater treatment collection system unless the User obtains a permit from the State. C. Irrigation rates and times shall be managed to minimize "wet grass" conditions in unrestricted landscaped areas during the periods the area could be in use. Irrigation practices shall be designed to prevent incidental ponding or standing water. D. Irrigation systems shall be designed so that the irrigation spray does not reach any privately owned premises outside the designated irrigation area or reach public drinking fountains. E. There shall be no application of reclaimed water when the ground is saturated or frozen. VIII. Reclaimed Water Quality Reclaimed water shall be monitored in accordance with the sampling frequencies and water quality standards specified in TAC, Chapter 210, for Type 1 and/or Type 11 uses as applicable. Water Quality Standards: The following are numerical parameter limits pertaining to Type 1 and Type 11 reclaimed water use. At a minimum, the reclaimed water shall, on a 30 -day average have a quality of: Type I Parameter Maximum 30 -day Average BOD5 or CBOD5 5 mg /1 Turbidity 3 NTU Fecal Coliform 20 CFU /100 ml* Fecal Coliform 75 CFU /100 ml ** 7 Type II Parameter BOD5 Or CBOD5 Fecal Coliform Fecal Coliform ' geometric mean single grab sample ** Maximum 30 -day Average 20 mg /I 15 mg /I 200 CFU /100 ml* 800 CFU /100 ml** Wastewater treatment plant effluent which does not meet the minimum water quality standards for reclaimed water use will not be available for distribution by the City. IX. Monitoring, Sampling and Analysis: A. The City shall sample and analyze the reclaimed water prior to distribution to the user to ensure that the water quality is in accordance with the intended Type I or Type II use. Analytical methods shall be in accordance with those specified in 30 TAC, chapter 319 (General Regulations Incorporated into Permits). The minimum sampling and analysis frequency for Type I reclaimed water is twice per week and for Type II reclaimed water is once per week. The samples shall be taken after the final treatment unit of the respective wastewater treatment plant. Records shall be maintained on a monthly basis and be available at the plant site for inspection by authorized representatives of the Commission for at least five years. B. If the User operates a reclaimed water storage facility, the facility shall incorporate an automatic leak detection system or shall adopt and implement a monitoring plan approved by TCEQ and the City. X. Operation & Routine Maintenance: A. A preventative maintenance program designed and implemented by the User shall ensure the continued operation of all system elements within the requirements of the Agreement and shall be evidenced by the Water Supervisor and open to inspection by the City. B. User shall perform regular maintenance, in accordance with 30 TAC Chapter 210.25.b, of all signs at all storage areas, hose bibs, faucets, and other points of access to reclaimed water. 8 C. User shall operate and maintain the pumps and control system so that any receiving lake or pond is not overfilled so as to discharge into the downstream watercourse, except for discharges directly resulting from rainfall events. All other discharges are unauthorized and, if such a discharge occurs that results in a discharge into or adjacent to waters of the state, it must be reported within twenty -four (24) hours to the City and five (5) days to TCEQ. D. All materials and equipment used for construction, maintenance and repair of reclaimed water facilities shall be in accordance with provisions of 30 TAC Chapter 210 and 217 and with approved plans and specifications. E. Operate and maintain all pumping facilities, piping and controls using routine maintenance schedules and preventative maintenance on all mechanical equipment as specified by the manufacturer. Broken equipment shall be repaired promptly by User. Xi. Training and Safety A. It shall be the responsibility of the User's Water Supervisor to ensure that all Operations Personnel are trained in and familiarized with the use of recycled water, and are familiar with all pertinent information contained in the Agreement and those applicable portions of Chapter 210. This information shall be supplied by the City upon request. B. Training in the safe and proper operation and maintenance of reclaimed water facilities and the proper use of reclaimed water shall be performed and documented at least annually by the User. XII. Contingency Plan A. In the event of an upset of the wastewater treatment process which renders the effluent quality unfit for its intended Type I or Type II use, or of reclaimed water distribution facilities failure, distribution pumps and/or valves shall be locked and tagged out by the City, and distribution of reclaimed water shall be curtailed immediately and until such system failures are corrected. Reclaimed water transferred 9 from a provider to a user shall be done on a demand only basis. This means that the reclaimed water user may refuse delivery of such water at any time. 10 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Exhibit E - Contract No. 12- 550- 000 -6833 12 Pages AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001- 0230 -1NR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ( "Commission ") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995, establishing operating procedures pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority shall be referred to herein as "Certificate Holders "). The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed to the provisions of this Agreed Order. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use of water for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries automatic at 40 percent and 30 percent of total reservoir system capacity upon institution of mandatory outdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymetric surveys be used for determining reservoir system storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance/augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and the presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21 -3214, and that operational procedures previously established should be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health ofrelated living marine resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating to releases and spills from Choke Canyon Reservoir and Lake Corpus Christi (collectively referred to as the Reservoir System); as well as return flows,' and to evaluate potential impacts whichrnayoccurto the reservoirs as well as to the availability of water to meet the needs of the Certificate Holders and their customerswhichmay result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG-2), 138,000 acre -feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 acre -feet of water to Nueces Bay and /or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed mount of 54,000 acre -feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre -feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System_ The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits of the proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower salinity levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: 1. a. The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus Christi reservoirs (the "Reservoir System "), shall provide not less than 151,000 acre -feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extentprovided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre -feet is tobe delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills from - Page 2 of 11 the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follow: January 2,500 July 6,500 February 2,500 August 6,500 March 3,500 September . 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System it; less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre -feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre -foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d. d. The amounts of water required in subparagraphs 1 .b. and I .c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spi lls and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No 08211500). Any inflows, including measured wastewater effluent and rainfall runoff meeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueces Bay and/or the Nueces Page 3 of 11 Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in. subparagraphs 1.b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Frio River at Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02", Long. 97028'52 ") for a 10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB*, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (1) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SIJB for the month, a reduction of 25% of the current month's targeted Nueces Bay inflow; If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that credit under this provision is limited to 25 % during the months of May, June, September and October; * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Page4of 11 f The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. 2. a. Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus Christi shall solicit from its customers and report to the Commission annually the result of conservation. under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. §295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2_ (1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 %, but equal to or greater than 30% of total system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1;200 acre-feet per month (1,200 acre -feet per month represents the quantity of water that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ( "Plan ")." Tothe extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b42) and b.(3). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre -feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre -feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Stu dy -Phase I Nueces River Basin, HDR, December, 1990). d. Percentage o f the Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month. e. Within the fast ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Channel and.make theNueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon Bayou Diversion; Page 6 of 11 g. 2. Construct and operate a conveyance facility to deliver up to 3,000 acre -feet per month of required Reservoir System "pa ss-throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No. 2464, being the existing San Patricio Municipal Water District point of diversion and/or a point on the North bank of the Cal alien Pool located at Latitude 27.8823 °N, Longitude 97.6254 °W, also bearing S 27° 24' W, 4,739 feet from the southwest corner of the J.H.W. Ottrnan Survey, Abstract No. 212, San Patricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gpm; and 3. Implement an on -going monitoring and assessment program designed to facilitate an "adaptive management" program for freshwaterinflows into the Nueces Estuary. 4. Construction necessary to implement subparagraph 211. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 212. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f.1. and 2.f.2., this amendment shall automatically terminate and the provisions of the Agreed Order of April 28, 1995 shall be reinstated and become operative despite this amendment, unless the Executive Director grants a Modification after considering the recommendations of the Nueces Estuary Advisory Council. The Executive Director is delegated authority to make modifications to subparagraph 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes may be made through this process only with the City's consent if the changes result in increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f. as authorized in this paragraph, any affected person may file with the chief clerk a motion for reconsideration of the Executive Director's action no later than 23 days after the date the Executive Director mails notice of the modification to the City. This motion shall be considered under the provisions of 30 Texas Administrative Code § 50.39(d) and (e). h. The City shall obtain all necessary permits from the Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page7of 11 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52") and one in mid Nueces Bay (Lat_ 27 °51'25 ", Long. 97 °25'28 ") with the capability of providing continuous salinity and/or conductivity data, temperature, pH, and dissolved oxygen Levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid- Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand -ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 October 5 30 May 1 20 November 5 30 June 1 20 December 5 30 c. When the average salinity for the third week (the third week includes the seven days from. the 15th through list) of any month is at or below the subsequent month's established SLB for upper Nueces B ay (Lat. 27 '51'02", Long. 97°28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of .granting credits for inflows which exceed the required amounts 'to replace the credits that are set out in subparagraph 1.e.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements_ 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page 8of 11 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director ofthe Texas Natural Resource Conservation Commission, whose representative shall serve as chairlhe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21 -3214 (the Cities of Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A &M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g. the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. a. Matters to be studied by the Nueces Estuary Advisory Council and upon which the Executive Director shall certify recommendations to the Commission shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long -term regional water management plan for the Coastal Bend Area; (4) the salinity' level to be applied in Paragraphs 1.e. and 3.c., at which targeted inflows in the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1.e. That methodology shall have as its goal the maintenance of the proper ecological. Page 9 of 11 environment and health ofrekated living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and (6) any other matter pertinent to the conditions contained in this Agreed Order. _ Page 10 of 11 S. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued date: APR 0 5 2001 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Page 11 of 11 Exhibit F GLO Contract No. 12- 550 -000 -6833 49 Pages MEMORANDUM OF AGREEMENT AMONG THE VETERANS' LAND BOARD OF THE STATE OF TEXAS AND NUECES COUNTY AND THE CITY OF CORPUS CHRISTI VLB CONTRACT No. 09-052-000-3409 THIS MEMORANDUM OF AGREEMENT (the "Memorandum') is made and entered into by and among the. Veteran's Land Board of the State of Texas (the "VLB"), Nueces County, Texas (the "County"), and the City of Corpus Christi (the "City "), Nueces County, Texas. WHEREAS, the 77th Texas . State Legislature (the "77t Legislature ") enacted legislation to authorize the VLB to operate and maintain up to seven (7) veterans° cemeteries ( "State Veterans' Cemeteries") throughout the State of Texas; and WHEREAS, the citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize funding for the planning, design, operation, maintenance, enlargement, or .improvement of State Veterans' Cemeteries; and WHEREAS, the 77th Legislature established the Texas State Veterans' Cemeteries Committee (the "Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including site selection and eligibility requirements for burial in such cemeteries; and WHEREAS, the VLB will apply to the United States .Dent of Veterans Affairs (the "USDVA ") for grants under the State Cemetery grants program to provide federal funds for the cost of building the infrastructure of State Veterans' Cemeteries at locations selected by the Committee; and WHEREAS, state law prohibits expenditure of public funds for site acquisition for a State Veterans' Cemetery; and WHEREAS, the Committee, through a request for proposal for donation of suitable land for one or more Texas State Veterans° Cemeteries issued March 10, 20 (the " RFP "), which is incorporated herein by reference, sought proposals from interested communities and entities throughout the State for the location and establishment of one or more State Veterans' Cemeteries; and WHEREAS, on October 27, 2005, the Commiiuee met and conditionally approved the site submitted by the County in its response to the. RFP for potential submission for the % SDVA's consideration for the location and establishment of a State Veterans' Cemetery during the VLB's 2009 Fiscal Year and II a a * 3 *re m y o y 4 m m 4 9 s - VLB Contract No 09- 052 -000 Page 1 of 5 R• 0 9 9 m M 4 * WHEREAS, the County will enter into a Purchase (Donation) Agreement with Flint Hills Resources, L.P. (FHR) to acquire the site submitted by the County in its response to the RFP for purposes of transferring it to the State for construction and maintenance of a veteran's cemetery; NOW THEREFORE, in consideration of the benefits to the State of Texas and to the veterans therein, the VLB, the County, and the City enter into this Memorandum and agree to the following terms and conditions for the conveyance of the site submitted by the County in its response to the RFP for a State Veterans' Cemetery, and the acceptance of that donation by the VLB: 1. Upon its acquisition by the County, the County agrees to convey to the State of Texas, by and through the VLB, all right, title, and interest in and to the Surface Estate of a tract of land containing approximately 54,837 acres of land situated in the County of Nueces, Texas (the "Proposed Cemetery Site" or "Site "), being a plat showing the survey of 54.837 acre tract comprised of the following tracts of land being more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, Nueces County, Texas, and better depicted on Exhibit A. the metes and bounds description and survey, attached hereto and incorporated herein for all purposes. Full legal title to the Proposed Cemetery Site described above shall be conveyed to the state of Texas, by and through the VLB, by the County, upon acquisition of the property from FHR, by way of a special warranty deed in a form agreed to by the parties and incorporated herein for all purposes as Exhibit B. Such conveyance shall occur within thirty (30) days of receipt of a written request from the VLB. The Parties acknowledge that approximately 4.289 acres of the property to be conveyed will be designated in the proposed special warranty deed as a "no gravesite area." 2. The County shall provide, through San Jacinto Title Services of Corpus Christi, L.L.C. (the "Title Company "), an owner's policy of title insurance covering the Proposed Cemetery site, in an amount equal to the value of the Cemetery Site as determined by an appraisal of the property for use as a cemetery. The County shall pay the cost of the title policy and deliver the policy to the VLB on the date of conveyance of the Proposed Cemetery Site. In addition, the County has provided to the VLB a title commitment for the Proposed Cemetery Site, together with copies of any and all instruments referred to in Schedules B and C of the Title Commitment. Schedule B of that Commitment, to which reference is hereby made, excludes from coverage several items consisting primarily of mineral leases and easements. 3. The County represents and warrants that the Proposed Cemetery Site is within the extraterritorial jurisdiction of the City and shall provide to the VLB, within thirty (30) days of the effective date of this memorandum, the Global Positioning System- derived coordinates in state plane for the northwesterly surveyed property corner of the Proposed Cemetery Site. 4. The VLB acknowledges that the County will acquire and transfer the Surface Estate only to the Proposed Cemetery Site. 5. The City will provide a pumping system and pipeline to the Proposed Cemetery Site • • • • • • • • • ••• • • VLB Contract No. 09.052400 Page 2 of 5 • was a • • to provide Type II reclaimed water for irrigation purposes, at no cost to the VLB. The City will not charge for the reclaimed water, but the quantity will be limited to an average of 50,000 gallons per day at a minimum of 70 gallons per minute, delivered to the boundary of the Proposed Cemetery Site. The Parties acknowledge that this volume of water is subject to seasonal use fluctuations. For example, during winter (usually a time of low demand) the volume of use will usually be reduced to substantially less than 50,000 gallons per day. In Summer (usually a time of peak demand) however, the volume will increase to around 100,000 gallons per day. The VLB shall notify the City when starting construction of the State Veterans' Cemetery, and the City will deliver the pipeline to the boundary of the site within twelve (12) months of such notice. 6. The City will allow connection to an existing 16 -inch water line adjacent to the Proposed Cemetery Site in Carbon Plant Road for domestic and fire water purposes. The City hereby confirms that there is adequate fire flow at the water line. The City agrees to install fire hydrants in the right - of-way areas adjacent to the property, if such hydrants are required by the City's Fire Marshal. Fees for setting a meter and for water consumption will be standard City rates. If a fire line is required on -site, the line will be built by the VLB, 7. The County will allow an on -site treatment system built by the VLB, provided the system meets all provisions of Texas Health and Safety Code, Chapter 366, On -Site Sewage Disposal Systems. 8 The County provided to the VLB letters from American Electric Power (AEP) and AT &T regarding the availability of electrical and communication services. 9. The City represents that non- public infrastructure (e.g., VLB -owned buildings, streets, drainage, and utilities that are built on -site) plan reviews and building permits will not be required. The City will not conduct any inspections of the non -public infrastructure improvements. 10. The Proposed Cemetery Site is within the extraterritorial jurisdiction limits of the City. The City will use its best efforts to annex the Site into the City of Corpus Christi, pursuant to Section 43.028 of the Texas Local Government Code. Such annexation procedure will commence upon transfer of the Proposed Cemetery Site to the VLB. Neither platting nor zoning will be required. 11. The City agrees to provide the VLB notice and an opportunity to provide written comments regarding any proposed development, zoning, and/or platting for the adjacent City tract. 12. The County agrees to provide and install six foot (6') high chain link fences on the north and north -east sides of the Site at no cost to the VLB. Fence will be installed prior to conunencement of construction. The VLB shall notify the County when starting construction of the proposed cemetery, and the County will provide the fence within five (5) months of receiving such notice. 13. The County agrees to fulfill and/or abide by all other representation, commitments, and offers set forth in the County's Response to the RFP, which are incorporated herein in their entirety by reference for all purposes. In addition, all Exhibits to this Memorandum are incorporated herein for all purposes. • • • VLB Contract No. 09-052.000 Page 3 of 5 • • .•• • • • • 14, The VLB will use its best efforts to begin construction of the Proposed State Veteran's Cemetery within five (5) years of the date of conveyance of the Site by the County, and continue with due diligence until the completion of such facilities and improvements, on or before two (2) years after commencement. Failure to commence and continue bona fide construction activities as described above on the Proposed Cemetery Site will subject the property to automatically revert back to the County without the necessity of re- entry, and the conveyance will be of no further force and effect. 15. The County agrees to pay all closing costs and expenses. 16. The Parties acknowledge that if the property conveyed herein or any part thereof is not acceptable by, or ceases in any particular or reason whatsoever to be acceptable to, the VLB in its sole discretion for the purposes indicated herein, the title to the property conveyed hereby shall upon notice of such unacceptable condition in duly recordable form to the County, automatically revert to the County, 17. The parties acknowledge further that the County hereby agrees to assign and transfer to the VLB any covenant of FHR, a Delaware Limited Partnership, to indemnify and hold harmless the County, its successors or assigns, from any and all liabilities, claims, demands and expenses of any kind or nature not the obligation of the County arising or accruing prior to the date of closing, and which are in any way related to the ownership, maintenance, or operation of the subject property by FHR or its affiliates, and all reasonable expenses related thereto including, without limitation, litigation costs and attorneys' fees, but not including any matter to the extent caused by the negligence or Iegal fault of the County or its employees or agents, or any matter relating to the pre - closing inspections for the Property by the County or its agents hereunder. 18. The County further agrees to assign any /all environmental remediation obligations provided by FHR. The proposed environmental remediation obligations of FHR are as follows: (1.) As used herein, the term "Pre - Closing Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i) such contamination existed as of Closing; (ii) such contamination requires remediation under applicable law; and (iii) such contamination was caused by or arose out of the activities of FHR (or FI-IR's predecessors) on or in the vicinity of the Property, and was not- caused or materially aggravated by the County or County's successors or assigns. (ii.) From and after Closing, FHR shall retain responsibility (as between Flint Hills and the County) for remediating Pre- Closing Contamination in accordance with applicable law. The State agrees to environmental remediation, as follows, if the Property is re- conveyed or reverts to the County. (i.) As used herein, the term "State's Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i) such contamination existed as of the effective date of such reconveyance or reversion of the Property to the County the VLB Contract No. 09- 052.400 Page 4 of 5 • t • • • • • • • • • w • • • • • • "Reconveyance or Reversion Closing Date "); (ii) such contamination requires remediation under applicable law; and (iii) such contamination was caused by, or arose out of, the activities of the VLB on or in the vicinity of the Property, and was not caused or materially aggravated by FI-IR or its predecessors, successors, or assigns. (ii.) From and after the Reconveyance or Reversion Closing Date, the VLB shall retain responsibility (as between the VLB and the County) for remediating the VLB's Contamination in accordance with applicable law. 19. The County and the VLB agree to enter into an Indemnification Agreement prior to Closing for purposes of setting out indemnification assignment and environmental remediation obligations of the respective parties as described in paragraph 18 above. This Memorandum shall be effective upon the date executed by the last party. The VLB may terminate this Memorandum immediately upon written notice to the County if: (i) the Proposed Cemetery Site is not approved by the USDVA for the location and establishment of a State Veterans' Cemetery; or (ii) if at any time prior to the commencement of operation of the Proposed Cemetery Site as a Texas State Veteran's Cemetery, it is discovered or determined, in the sole discretion of the VLB, that the site is not suitable for such purpose. This Memorandum may be amended only by written agreement of the parties. SIGNATURE PAGE FOLLOWS VLB Contract No. 09-052 -006 Page 5 of 5 • • ••• • ••• • • • is a • • • • • • • • _ _• _• _ • a • •SIGNATURE PAGE TO VIZ CONTRACT NO. 09-05.000 MENIORANDum w AGREEMENTFOR LAND DONATION FOR STATE: VETERANS' CE1AETERY DI CORPUS CHRISrl, TEXAS VETERANSLAND:80A-RD :yLLA.CmEF . CLERK/ DEPUTY LAND COMMISSIONER: Date bftktelitiijtit PAUL:E. MOoRE EXECUTIVE SECRETARY Approved kGC Ch. CI • 1• ..* *4 0 4t• * • . . • . • 4 • : • • • :.• . - • NuEcES WY, SAMUEL-LOYD /■.IUECES:COUNTYJUD:GE Date:btekeeitito.:., s'1/40NERs":s-- 0 \ Approved N4000.CoppV Clerk eux-p:F=,COMS: Y AG 1/4 bY a of' execution- -PO - Am1140a1ZB) BY COUN0L oq IQ arEst mmAmbo CHAP -sEciattaY .01Y :SECRETAFk‘' BXHI3IT "A"r 45943 METES AND BOUNDS DESCRIPTION OF A 54.837 ACRE TRACT Being 54.837 acres of laud, more or less out of a 2.15$ acre tray recorded in Document No. 2004035681, Official Public Records of Nueces Cranny, Texas, and out of 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nukes County, Texas, and out of a 54.91 acre uact recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded hi Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A-857, and Pedro }iinejosa Survey, A450, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 518 -inch iron rod for the southeast corner of this tract and said 34J9 acre treat, said corner also being the southwest corner of a 1.17 acre tract recorded in Volwne 1810, Page 224, Deed Records of Nueces County, Texas, and said comer being on. the north right EX13IBIT' "AK 45943 Thence S 34- 47-581+ with the north boundary of this tract, 1186.18 feet, to s set 518 -inch iron rod with cap for the northeast comer of this tract; Thence S 20-59-39 W with the east boundary of this tract, at 67.63 feet pass a found S/&. inch iron rod being the northwest comer of said 1.17 acre tract, the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of Iattd, more or less. Note: Bearings are State Plane acid bearings. Page 2of2 • • • ••• • ••• • • • • • • • a • •• • • • i • •• •• • • • i FO 4fi GEQRttE RU13Al�AfiA L EXHIBIT A e0•••••••0•014•04‘44•443913-04-12.001 410/2410 45 11 W mo 44 .15 I rtf= 1 11 hi 14 O1 or 0 nvi wr 54.837 ACRE YT ►CT it I = s AHD SITE 'A wat�.,rrwn g.r•.rawnm YCIpIpiRlf 'l1A4EY • • ••• • ••• •• • • « •• • • • • •4• • • • s a • • • • • EXHIBIT "B" SPECIAL WARRANTY DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES 9 WHEREAS, The Texas Legislature has authorized the Veterans' Land Board of the State of Texas to plan and design, operate, maintain, enlarge, or improve state Veterans cemeteries on land duly selected by the Veteran? Land Board of the State of Texas for such cemetery sites; and WHEREAS, Nueces County, a political subdivision of the State of Texas, has been duly selected by the Veterans' Land Board of the State of Texas to provide one such site for such use; and WHEREAS, Nueces County as Grantor is ready to make one such site available to the Veterans' Land Board of the State of Texas for the establishment within a reasonable time of a State Veterans Cemetery. NOW THEREFORE, Nueces County, acting by and through its duly authorized officials, ( "Grantor "), for and in consideration of the premises stated and the obligation of the Veterans' Land Board of the State of Texas, ( "Grantee "), hereby conveys to Grantee the SURFACE ESTATE ONLY of the following described tract of land, situated in Nueces County, Texas, to -wit: Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Page 1of7 • • • fie%• Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said comer also being the southwest comer of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said comer being on the north right -of -way line of Interstate Highway 37; Thence N 59-22-23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of- way line of T.H. 37, 67,14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57 -04-52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37,1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence 53-29-10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 4748-22 W and continuing with the south boundary of this tract and said 34,19 acre tract, the same being the north right-of-way line of I.H. 37,256.03 feet, to the southwest corner of this tract, the same being the southeast corner of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of F.H. 37 with the proposed east right-of-way line of the Joe Fulton Trade Corridor; Thence N 15 -54-24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 1.21 Page 2 of 7 • • ••• • ••• • • • • • • • • • • • • • • • • • • • • • _ feet pass a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 08-52-34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right-of-way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25-57 E with the west boundary of this tract and the proposed east right -of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8- inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence 5 34 -47 -58 E with the north boundary of this tract, 1186.18 feet, to a set 5 /8inch iron rod with cap for the northeast comer of this tract; Thence 5 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to Page 3 of 7 • ••• • ••• • • • • • • •• • • • • ■ • • • • • • • the point of beginning and containing 54.837 acres of land, more or less. Note: Bearings are State Plane Grid bearings. This conveyance is made SUBJECT HOWEVER, to the following exceptions: All easements, reservations, restrictive covenants and use regulations shown as exceptions to coverage in Schedule B of the Commitment For Title Insurance furnished Grantee as part of the consideration for this conveyance, to the extent the same are valid and subsisting; and all matters that are revealed in the survey furnished to Grantee, receipt of which is acknowledged Such above - described property (subject to the exceptions stated or referred to above), together with all and singular the rights and appurtenances belonging in any way to such property, shall hereinafter collectively be referred to as the "Property ". 1. The Property is intended for use as a cemetery and has disclosed to Grantee any and all information known to Grantor and relevant to the intended use of the Property. Grantor specifically represents that it is not aware of any active oil, gas and/or mineral leases which are producing from beneath and under the surface of the land conveyed hereby that would interfere with the use of the surface of the Property as a cemetery. 2. Grantee accepts the Property in its "AS IS" condition, without representation or warranty from Grantor (except as expressly provided for herein). Grantee recognizes that the Property has been used by others for certain oil and gas exploration /production activities and that various mineral leases are listed on the title commitment furnished on the property. Grantor has located various wells that had been plugged and abandoned; otherwise, no drilling or other mineral exploration operations were observed by the Grantor on the surface of the property. 3. In the event Grantor requires access to the Property after the date of this instrument for any reason relating to environmental conditions for which Grantor is responsible for remediating pursuant to applicable law, Grantee (on behalf of Grantee and its successors and assigns) here grants Grantor (and its contractors) reasonable access to the Property for such purposes, without charge. If in the future, any environmental conditions are discovered on the Property for which Grantor is responsible for remediating pursuant to applicable Iaw, Grantee (on behalf of Grantee and its successors and assigns) hereby agrees to not seek to require Grantor to conduct remediation activities in excess of that required by applicable law. Grantee represents that it has conducted, at substantial expense, extensive environmental studies of the Property regarding its plans to utilize the Property as a cemetery. Page 4 of 7 •... • .•. a •. . ..• • • • L 4. Use Restriction. Grantor and Grantee respectively covenant, represent and warrant as follows: (a.) (i.) The Property shall be used only as a cemetery and for related goverrunental purposes, and in no event shall the surface estate be used for single family dwellings, multiple family dwellings, hotels/ motels, day care centers, educational facilities, churches (except in the case of a chapel for use in conjunction with the cemetery), social centers, hospitals, elder care facilities, and /or nursing homes. In no event shall potable water wells be installed on the Property. (ii.) No gravesites shall be located on that portion of the Property indicated as the "No Gravesites Area" on the survey map attached hereto as Exhibit 1. (b.) The covenants, conditions and restrictions set forth in this Paragraph 4 shall apply to and bind each and every owner of any part of the Property and their respective heirs, devises, personal representatives, successors and assigns, and shall operate as a covenant running with the land and passing with the title to the Property and any part thereof. (c.) The covenants, grants and restrictions contained in this Paragraph 4 shall continue unless and until terminated by Grantor (or, if Grantor ceases to exist, by Grantor's successors or assigns) and Flint Hills Resources, LP (or, if Flint Hills ceases to exist, by Flint Hills Resources, LP's successors or assigns). .Invalidation of any of the terms and conditions of these restrictions, whether by court order or otherwise, shall in no way affect any of the other terms and conditions, all of which shall remain in full force and effect. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances in anywise belonging, unto the State of Texas, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto Grantee, the State of Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through, or under the Grantor but not otherwise, and subject to the exceptions stated herein. Automatic Reversion. Grantee, on behalf of Grantee and its successors and assigns, agrees that unless within five (5) years from date of this conveyance: (i.) the necessary governmental permits /approvals (if any) required for the use of the Property as an official State Veterans' Cemetery have been procured, and (ii.) bona fide construction activities relating to a State Veterans' Cemetery have commenced on the Property then this conveyance shall be null and void and such premises shall absolutely revert to the Grantor, without necessity for suit or re -entry by the County of Nueces or Page 5 of 7 • • • • ... . . . . ..• .. • its successors, Upon beginning :construction of :the State:: Veterans' Cemetery, bona fide construction WctiV4'shall continue thereafter with due ,dilignCe, until the completion of such facilities and hnprovernents; on -or before two (2) years: after the 'date ,of such eonstruction cOrntrieneeinent,,-.Or the Property Vitill.*ItOrila*a4yrPvert-b*k to thc County, *41104:n0OtitY of •e-entry,and thi eoliveyarite Will •he:of itaftirther force and ..effeet:: In the eVent of StiChreversion -a--oytedOrivOrOiate by the. VLB GrantP will elurtir0 that the .Stirfa:Ce. Of the ProPertY :( -7" Grantce or its assigns and any improvements thereon are in a- reasortable,safe, and stable 'condition • tee4i11. not . alio*" any nteret to attath that Itiay-adVettely.iiiip44--titje:in the- event: of reversion Or reconvoyattet to,Grantoc GrantOtwiligratit,brantee..acceSS rights of the sarki&:t. 6: and forthcsarne-ptirpoSes as 'Oraritee grunted to:Grantor in Paragraph :3 above; and- (iv) the -parties will reasonably cooperate in drafting, 'executing, and recording the . requeSt of either party) a, document that would provide, -record notice of such reversion or tetonveyance. Ils,T1VITNESS, -WHEYREOF, the County of Nueces:': has CauSed these preSentS.0 he Signed by .:its duly authorized County fudge, and attested by it duly authorized County Clerk, at Corpus Cirti Nuoces 03unty, Texas;this 11'\ day of gptefn 17gr, 2:008, ACCEPTEM •THRSTATE-OF'TExAs ON BEIIALE OF THE VETERAN $ LAND BOARD • MMISS 011/41Eit GENERAL LAS coiektcE hairinan, -Veterans Land Board I. 0 Date of exe q cution: I 1 ir PAM E. MooRt EXECUTIVE SECRETARY Veteran4' Land BPard. Contems poputulor--pork4Ca, NUECES COUNTY, TEXA Dateotexecution: ATTEST: z57 Ms. Diana T. BatTera NUECES COUNTY CLERIC Paiel• •• ••Is":* 'VICKI [ 1.• NfrAfiV:PUBLI.C, k STATE PF TEXAS 1' corTOssiory Ep4res 02.204010 ' STATE,OF TRIMS COUNTY - NtlECES BEFORE ME, the undersigned, I[nOtary public in-and:for said County and State, on this day pelt-many appears SAMUEL LOYD -EAL, JR., known to me to bdth6-pdrOn afid:offict.*IKOP:ilalPe is subscribed to the foregoing :IUStrumetitS nd acknowledged to me that the sarne[wastheaet of the said County ot lqueees, State of Texas, and that he[[execateifthe[sarirt as the act ef such County for the purposes atid,['cOnsiOditatiOti thereititxpto404[0:4)1:4,:* capacity therein GIVEN under my hand and seal of office this, the [jal4Z day of MK, Notary tPublc„Nueces'. County, Texas Pagelbrt La, * '00 1 ,I ■T' L Fact IBIT "1" METES AND BOUNDS DESCRIPTION OP SITE W Being 4.289 acres of land, more or less, referred to as Site 'A` and being out ofa 54.837 acne tract, said 54.837 acne tract be out ofa 2.158 acts tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out ofa 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out ofa 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also on ofa 40 acre tract recorded in Volume 1810, Page 224, Deed Records ofNueces County, Texas, and being out of Residerio Martinez Survey 420, A- 857, and Pedro Niaojosa Survey, A -850, and this 4289 acre tract berg more particularly described by metes and bounds as follows: Beginning at the southeast comer of this tract, said coaxer being on the south boundary of said 54.837,. the same being the north right -of -way tine of Interstate Highway 37, and said comer bearing N 59-22-23 W, 67.14 feet, 1'1 57-04-52 W, 1338.92 feet, from a found 518-tnoh iron rod for the aoutheaat comer of acid 54.837 acre tract and said 34.19 acre tract, the same being the southwest corner ofa 1.17 acre tract recorded in Volume 1810, Page 224, Deed Records ofNueces County, Texas; Thence N 57.04 -52 W with the south boundary of this tract and said 54.837 acre tract, the sane being the north right - of-way line of III 37, 160.91 feet, to a found TxDOT concrete monument with a brass disk for a corner of this tract~ Thence N 53-29-10 W and continuing with the south boundary of this tract and said 54.837 acre tract, the same being the north right -of -way line of IH37, 32735 feet, to the Southwest comer of this tract; Thence entering said 54.837 acre tract and leaving said right -of -way line, North, 213.35 feet, to the northwest corner of this tract; Thence N 81 -01 -39 E with the north boundary of this urger, 384.71 feet, to a water of this tract; Thence Fast with the north boundary of this tract, 80.00 feet, to the northeast corner of this tract Thence South with the east boundary of this eras, 460.00 feet, to a comer of this tract; Thence S 32 -55 -07 W with the east boundary of this tract, 11437 feet, to the point of beginning and containing 4.289 acres eland, more or less. •+• • • • a ••• • ••• • • ■ • • -• • • EItHI�IT 1 A 6 9 4 �► • •71f NW FCI00111m AMRf. Tpi�!T SITE •���� 1 hal 1 I iRl7AI !O1 ilot �rml . n.Fc a, i7Fv."4. r .3:1:1.7'` ,."s -� i��wrrr� MO4h�IRRr WPM T.aw.r`�0[�r1•� MI MI MIMI . _ y .. Of • ••. • • • • n INDEMNIFICATION:AsslaNg TAND.RENEDUTION: OBLIGATION AGREEMENT •• BuwEEK7HE:Steciri OF TEXAS VETERANs LAND 130AIM AND -,NuFpv$,001UNTYi'TEXA5 WHEREAS; the 77th Texas Statete0slature(the 1177 Legislature") :,enactedlegglationlo,authorim the Veterans' Land Pdard 0.)4!":..N.T:.i.Byll.tp.OitiOalte,i0i4:#144-1(44.40 to seven (7) velerans' cemeteries CStatc Vaetatsr.editietties!). thtotOoto the State of Texa§::(itie:StateltAtitt WKIREAS; the 374' Legislature ,ottaWihori,,the Texas State Veterans' :Cemeteries ebtfithitted Atig, "Cornmittce") that is Mq-PilrediWestablish:theguidelitie$,-16i:the location: and size of the State: Vreteran'. Cemeteries, including site selection and etigibility requirernents for burial in gilokb17e*toti64;,atid, the..QPP.LOt.teqi ttiTqug,b4,,Kcqqe$1:9,(, Proposal for donation of suitable . land for one or more 170w,st4to,?.Votot:aos:' CemeteLies issued Niath.,'1.0„ 2004 ,-(0*:4RPP:1.1):,.*IiichikintoipOir*a 4-06:0 by reference, sought proposals filonIiinterestedvcommurtifies:'amitriffiiasAhrotid4out ihe:-.State..forthollocatiom and establishment WHEREAS, on October .71; 2005, ., the ..mniliteeEmet arld,cpnailignay-apprgvet the site submitted by Nti000s':- county' (the "County") response to the up ,:for potential submission to the Department of Veterans' Affairs" (the "USDVA") consideraiion for the location and estab]ishinent of St4te''vPteran,000-1140.37-0441):ti(4*-latOW*7009'fq#0 Year; and 'WHEREAS, f the County the Texas General 1 and Office entered into a of Agreement toggdiptthe conveyance of the site'Stibmitted-bytie::'Ciitifityitt its response to the fbraStf*Yet06C6:1040Ty,444*40..e041.40.q.4-,aid conveyance by the VLB; and WMREAS;; the 0:7114/1ty entered into - a .Purchase: and Sales Ageergefit- ge$0*•60t.i,.4P= CFlint P.110:,,t0.40.11:0* the 41)toPOW)':::ilbt 040 by ti*q044Y,jr14tte§000:§6::: to RFP for parposes :„. of transtatring it to State for construction and maintenance of a.:State. Veterans!'CetoeterY; P.40:14013: 41 s NOW TI-JEREFORE, in consideration of benefits loibel§fAre; of 'rexas,..-auct to the veterans tiereisik •tar4pUrSUantstottie terip4;:offt,:exepOte4 Memorandum of Agreement. the VLB and tbes:COWY:00.0 into this Agreernent and agree as follows: 09:01Y.akt440.*P000YaNetif Property 1011*.VLII 1. 71.10.:} County hereby assigns and transfers to the 'VP that covenant as OrOryja41?Y'144.1tliO4 set out 40igit.6rtient between the County and Flint Hilis which states as SabjeCtsth:provisionsjorthe Purchase and Salet;(1)ortation) Agreement, as well as the Special Warranty Deed from Flint 'fills to the County—, . FLINT HILLS AGREES TO INDEMNIFY AND HOLD THE COIJNTY flARMLESS OF AND FROM 401(ANA.:4L pogyiwP4Armi.,p1FmAND$;AwAxPSNOSi'9.rANvfpNII0K. NATURE (EXCEPT THOSE ITEMS WilICH BY THIS CONTRACT ::S.P.E.ciPicALL*, ;'BECOME THE 0014:0010.$.1:W.I.4.EcotNTI) A10$100,0g;AccAt4NOSI(0.ToliMp*Tg'or:OL;0$11NO, AND WHICH ARE LN ANY 'WAY RELATEDI, TO ,THE :OVitIVERSH1P0.: .MAINTENANCE. OR OPERATION 01? THE SUBJECT r000)%0Y::':$* .tt*t Otta00:110.Afttal 04:01:44 REASONABLE: EXPENSES INCLUDING, WITHOUT • ONi. tITIGATIWCOSISANn-ATTORNEYS''.EEES.RiiT'NOTINCLUDINO.:,A&V MATTER TO I'HE EXTENT 00$0 BY TIJE NEGLIGENCE OR LEGAL FAULT OF THE COUNTY OR ITS EMPLOYEES. OR AGENTS, OR ANY MATFER RELATENG TO THE i.PR&CLOSING ENSPECTIONS:OFTitt PROPERTYDYTAE,COUNTY OR.InA0EISITS:11,EREUNDER. in: the,.evetit either party hereto.receives.notiee,•sit A:claim or demand, which resu1ts or may result in irtaemndleation .set out above, such party ShallimleaiatelY, glye:Agke•-•thereOrito.: the other to this 0:04044-,F4INT HILLS shall 401e4i401.Y' take such measures gk104.Y. be reasonably required to properly and effectively defend 'dal* and may defend same with :eQuasek PW1.1,:0P.Psj4g.,11.1 the PIP( FLINT HILLS fails tgipwpptly an4:effoctiyoy 4*N. such claim, and in the event such party is liable thereof, then the County may defend such daft:6:AL tht.upert$6,,d. FLINT HILLS -Oothe:exterit,PLINT HILLS is responsible under such indemnification 001460 2. The County further agrees to assign .mvir.Prifiteritai remecliatitirt2Obtigation& provided by Flint MS.: The environmental.remediation. o tgations of Flint -Hills as set out in the Purchase .and sale (Douatiou).Agreeruent, are As follows: (i.) As used herein, the c0:04'"Pfe-00§(Eig COPtAirtiOAti0.0'01411:iii044$01':440/6i 'Water environmental contamination (if any on or about the Propertytoithextent„ and only tp.the,,4tent,itliat,-(taspeti c904044194q**.cls of CI0014i (ii. such contamination requires reinediation under applicable and such contamination was caused by or arose out Ofthe-activ:itie5: of Flint Hilis (or Flint predecessors) on or in the vicinity the Property and was not caused or 'materially aggravated by the County or the County's sueceskprslatAgns. From and •:after Closing, FlititHig§:, shall retain responsibility (as betweenindenmiticafl9n 4s:ignuipntand Remediation Obligation Agreement Page ,-*:.of ?AP Flint: Hills and the County) for re'mediating< Pre Closing ' Contarrunatton irn .accordance;Witl applicable The :State, ,agrees, it± reeozrv'eyed:or revert to the County: e following. environmental remediation should- the :Property be 1.. As used herein, the teen ' "state's Contamination'" shall:, mean soil :andlor Water erivironmental containitlatian (f any) on or about the Property :to the extent, and only to: the extent, that (i) such.: cantarninatio:n: existed,as of the effective date of such recoriveyance or reversion of the Property Ito the County (the; "Reconveyahce or et= Reversion Closing Date "), u: such contamination requires, remediation under 'applicable .l w; and (iii.) :such contamination was caused by or arose out of the activities of the State on or iii the ic(nity of the Property and was 'not caused or materially aggravated by Flint or its predecessors,: successors;: •or ass gns. (ii) From and..after the Reconveyance or Reversion Closing Date, the. State shall; seta .n .responsibilit as betweei„thez,State and the County.) for remedn t ng the State''s Containiriatton in: accordance with applicable law.: 4 The'State further_ agrees that to the; event Property *Auld rcvcrt or ts. reconveyed t'o the County for any reason-, such Tndei inification ,Assignrrient. referent ed in paragraph 1; above and Remediation Obligation: Assignment referenced in paragraph 2:. above: ill; become null; and oid, the Cti inty then being the beneficiary of such meet nification' aria -Remediation Obligation. The State further agrees to execute any documents as necessary upon the County's request to accomplish such • retumltrarisfer of Indemnification., and,,Remediation: Obligation 'to the.'County SIGNATURE PAGE FOIL t OWS Indemnification Assignnhent and RemediatiOa,Obligation Agfternent Page-3.'0'3 VETERANS' LAND-BOARD, er-fif L. Labe, Chief Clerk/ Deputy Land Commissioner Texas General Land Office By: aul Moore Executive Secretary Veterans Land Board Date: 9-1e, Cunterits-et1/44-*-- Legal Deputy NUECES COUNTY, TEXAS, Samuel oyd Neal, Jr. Courttydge Dat6:. BOYIeen tkk,SOte:otTe)04Ygterane•Und Board And ueces Counfy, A. Settlement Statement U.S DepartmentofHousing and Urban.Devdopment OMB No. 2502 -0245 B. Type of Lass 1. 0 PHA 2. ©FrnHA 1 O Corr Unite 4. OVA 5. CI Cony Ins. 6. Sena Fiume. 6. File Number 060215095S2 7. Loan Humber 3. Mortgage Ins Case Number C. Note: This form is liunished to give you astatehent ofaeluia settlement 00401. AnGUnl$ paid10 and by ill nn$Jenront agent Are shown. items Fawcett °(pact" were�eid aniside the during; the ate shown hest for informational purposes and arc not included in Molehill. D. Mane & Address of Borrower E. Nome& Address of Seller STATE OP TEXAS Nurses County 901 Leopard Nurses County CAnrtborre Corpora Christi, TX 70401 F. Now & Address of Leader O. Property Location Acres54.537 0lo Desiderlc Mnrnne' Survey 420, 4457 & Pedro Hiaojesa Survey A450, Nurses County, TX, Coypu! Christi, TX H. Settlement Agent Name San 3aeian Tide Rorvkes ofCaepnr Christi, LLC SUN. Carancakua, Snitc 1500 Corpus Christi, TX 74470 Tax 11): 74- 2333715 place OtSealemenl San Jaeiaro Tide Servieea - Commercial 102 N. Cawuahua 41500 CorpusOrlin.TX 11470 1. SCWemenl Dade 101142004 Fuld: J. Summary of Borrower's T`ran action 104. Gress Amount Doe &arcSorro s 51. Summary of Sellers Trantbctiers 400. Cron Amount Lae to Seller LDI_ Contract SaltePrix 50.00 401. Conked Sales Prim 30.00 102. Personal Property 40.2 Pasant] Property 103. Salaam! Charges to borrower 403. 104. 404. 105. 405. Adlvstmeas for hems paid by yeller in admire. AdJustmeala for items 0aald by salter in advrnee 106. City property taxes 406, City propeaty tapes 107. County pro Iaxco 407. Cotmty womb. taxes 108_ Annual. assessments 400. Annual assessment 509 School property taxes 409. Sehoot property taxes 410: Wafer Dist, Turns 410. Wake Disc Taxes 111. HOA Dues 411. HDADuet 112. 412. , 111_ 413, 114. 414. 115. 415. 116. 416. 120. Cross Amoan4 Due Pram Berrnwer 50.60 420. Grass Amount Due to Setter 11.00 204 Automats Paid By Or in Behalf Of Sorrows 501. Reduetlons In Amount Due to Selkr 201. DeposilOfeareesl'Money 501. Exerts Deposit 202. Principal amount of raw loan(s) 502. Setlkmend Charges to Seller (line 1400) S4.011 203. 503. Existing Lom(s) Taken Subjedlo 204. Cxmniirnent fee 504. Feyoffefftrsi mortgage tote 205. 505. Peyoffofsecond mortgage loan 206. 506. 203. • 507. 203. 500, 209. 509. Adjwimenis for limas unpaid by seller Adjndate is for items unpaid by seller 210. City progeny taxes 510. City property tenet 211. County property taxes 515. Courty'property taxes 2L2. Amami assessment 512. Amnia! assess entt 213. S011ool premeny lases 513. School properly moss 204. Water Diet Taxes 514. Wafer Dist Taxes 215, ROA Dues 515. HOA Dues 216. 516, 217. 517. 210. 518. ,219. 519. 270. Total Paid Dy1For garroter 50.00 520. Tend Redolence Amount Doe SOW 554.00 300. Cash At Selpenseol From/fo Hammer 600. Cash Al Settlement Te&From Seger 391. Gram Amount due grown borrower (line 120) 50.00 601. aroozAmount deem seller (line 420) . 00.00 302. Leas amounts paid byflor borrower pine 220) 10,06 602, less redactions In amt. dm seller (fun 520) 60,00 303. Cate From Borrower • 50.00 601 Curb From Seiler 554.00 SJOn 504 the Real Estate Setemrnt ProordUres Aet (RiSPA5 ragmies Ate following: ' HUD must develop a Special hntbrmation Booklet to help persons borrowing money la 140106 the pnioIoue of 1esidentlal red estate to better understand the nature and tonsof regulate settlement suviees; Raab kndesman p144144lion Whitt 10 an app4iOnnts DOM whom le receives or fur p0onr it prepares a wrllar application to bellow money to Ounce the plague of resitlgntial reel estate; • Lcndert mast mews and distribute with the Booklet a Oood Froth 13gim to ofthe seglemenl casts that the brwoweris likely to incur In connexion with the settlement Theac d1etosuaeo are mandatory. Section 4(a) o mein tea 111.4 HUD develop and prescribe this standard Runt to be used at die time of toes settlement to provide full disciosuta of all chargts imposed upon the burrower sad sNia. TUX arethirdpony disdonues that arc designed to provide the borrower with pertinent information during the iert anent process border to be a better Mapper. The Public Reporting Burden for dale collection of inibanotioa is estimated to average owe hoar per response. including Are !Erna for reviewing inttrualiaas 4asit11ing existing dam soma, gathering arid uaigeriring the dela Waded, and completing and reviewing the calkctioi of hslonnetion. This enemy may not collect this won, end you are not requited to complete Ibis font, unless it displays i currently valid OMR omirol number. The information rerouted does net lend itself to confidentiality. Previous Editions are Obsolete • • •■• Page 1 • . ••• femt11 0)- 1(3186) Hrodboolt 4305.2 11i 06O2l50S2.. f.i.,.40116401 Clksfetf., 700:. ToistSslis/Bi•0140c000021,aii bst40, f,kt S11240;11011:00, : ION Cailiniis1iiii,;(1iii100) 7tit 01..'.Cootassian Paid Sittleinint Hawk* Otani, !Wirth' 0! 701.-thiporati00 s mccriiit portion -ysictvioro-," Rotow,Oi. /1004s . $0.00 .Psid Rum *vol. Auid(ot., Slitlefnetit. 10:00 1064f ih's teCt$14.**0 BOO Vane Psyible.).0,C000.411011A40111:010" ROL :Loan : inatton FOt. •% 02. LnDiscOUnL .% 803:-,Apprsiissi Fci • a:::tendatinspectian Tea to )46:kttifiajOir4"nta•APPliC06.04 • 1107;:-Assurn Pe4 • ' 13013.•-.11pcSeiv".10 Eft .810.1,106dte :r1.1 F0s, CoOrlti Fe* 413.:11411140ii.101ii)* 1114.-11rolcults itatioat Pc ,to, 111$-...Y./erd,Skeid.Pieb-21usii '.900,..:11e101110.001redivrInder..TO.Set's14110.4idvilm fo @fat lisurancePre 'inn fix smiths 10 .903; 11, -a10i0 IntinOneePthillubi lot; Warp 1000. Ft aeries ..tpot:.:tiozi=tritooroor '64644 003;citijrgtivOity:iiit; 1.005...Aniitia:assestments, 1OWS:00614000tr06* -',1"1310K All Tixes-lkiiinptoy0 :1100: Tide ChtrACo. • a0 or "title =arch 1104Allitle ":"." " 4100;146" • 1107; Ati*eOlifee-t Mali® rociiet months' r0Oiiihs ® rrio0 0 sAcindit 0„ •mon .pmQnth *Oii001:" per month IOIth pd. month . 10 .1108...Titlainsuranse: 10• . :SalasantOtlik.$ervIers.:C0raine*i1:11 1409.tingstesAmierag0 S0:0040.00, 1110 ces:40yeriggil $1;260,000.00:34790.00: 1111. E1c : S1M 'o 6taiPofitii:GuarenviFet to Zzxst,littelusintecrOurantyAisoc, 1200. Q*vnm4TraitICh* .400.2ildi1101111s:$0....rOis?,= ' 1262. Cisprootuitriszts1 -•:1/14eitessek: 1203. Stile tairistsi00- • .1144:1 1.0 • aortiO4atia Thcmny • 1300.ditioeSISettlemoi Charges evsy. iiispoOtion, to. • 1301. H04. tics' CourferScrwisi _..-1304.. Oiternig0t1:101fverjr.:Seivlit0 Notnelv'• 1107: coo:Rte. 1e141100017ialkidP0iiittie ....:44100:113111S.t111 "OiltbS (sSter'Onl1a:103,-Sectio0.1.a502;Se.t1100. a ' hal* ittitililly,"1.0000,00'.tgotlottlentotaStifiniOnt dad 01 gliFbr41., of int knoviltdittInd,beljec oF01"...****01., thit ithjiy"Of. poises : 1 2--ani1-1 of *141.0N1Seitcanieht I 04:K0;15191s:2, •stAtitip Tt(A$ ..PI-1MM 1. 1 111 „ : aceaufite:., ae4ouutb.f.:111#11100aliciai- 1 trafie-tauied theliiiids to be .disbursed IN accorgiice,±iiith $011.10 . Dec .gribrarroabiuririai:uthieairOilre form PeUrilileavAreokiikplariu: Fi!r40441.$ lcclon .10fi1 iurd Saulloir 1010. , Po E�ftianboit Page 3 1u9n tritklbar:ak 43014: OP 11;0."1/215°95S1: CLOSING AcKNOWEEPRIE 00aCO-tftteiR4".. 04#215095S2 TITLE COMPANY; SEtt,1310Y.het4et :Thigegg'couintt 81:.YEEt(jidietbek..nite er more): :grATEDIOTEXA.1. 40007. PROPERTY: See'Ezdtibit.!,!Ar'Attaelied:, more of the folLowing items as may be appropriate for this transaction, each SBLLER. By initaling one ar and/or BUYE& icknowIedges bis/her understandng of the disclosures being niede by SAN JACtNTO TITLE _ SERVICES az.:(himn-afto :called 'TITLE ",-*r14 '40* tlie representations made by thcm to TITLE COMPANY' as bidica*": V.80EsPakdiaPtasaP5°T'rPPge,sell.titienlAfir jointly lieii0fkbOi'TITER:';CpW)-ANY and its title iosurance underwriter. :;:skigniat:040ten*tol' "SELLER' --;anci',00i"(Ift'-: in ciu0e,simultiple.inktividnitaientitiealdentified above. Anynum0eradlient nof applying to his '-tiantiatiOn inay be crosed out. 1 J1 ' - ECEUILQE1111IXOMMMIEtstr VCPYWil460Midia*ailliii: received and : ruNiiewe.i. g -copy of the TitleJ:iComOutur4 issued iu: .o.00ecrtion with tii.s :USgottokIkOd.*40tSTgOdS that ill$ irEk% Q4Ugt.7-;:ifoio).iii1::Obiiigiti.:0000tibUg?gut r6tib,10-'gC4ONIP':! of :c9111MiAlWt.;41r101iPr'witti; ;IP)! ' additional exceptions 13f *le i*•§Otiiig!ftioiii:*'.:40:04xioittii*..4.1iitioitiiiiiii-oi*oi*it(*„iisiiii:ii.rfeilti,dofiir' r..1!p.-40pimitpelit::i:,1.*m27:yokjo.c04441tAn*0-,Iwip-Osewriii4i0pysliown.in .0)14iTUlii)Ei or -06pstootioi.,:cogiiijokom,, tii*-46.itioerkIliktriiiiic:t00A(WS4 use of your Property. title00POTPI:OP0*!01',,IP,170ace041.PX9ur-iPt040::-We'44the': Pioria410410ivid-nadietie iiii:oi iiiiiii4e0ii:roti t.ii:4:!:Okc4tiorii.-Piiiri-kiiii,y6iii-' PI'VeFtY 0tryaria,..initiais: 2. .,:lajftR:Ot INST.Eth'iOil iinyer;Iteta1iy,ydaivazarLYPStig4001::',P1.1::1.1.1071100:4' 'n'Itg OOMPANsit'-ii) inspect the Property. - Buyer -' - - '• — 0,0*qg.:: Ow followinii Schedule :,6 .- ' .agrees 'to ***41:°**T°" POSSESSION?' Within the '-' ----s------: '!?.."P°9q;:' `*6:474', OF -1"...4tiij:::::4i4 . 0 :meaning of thtstoriolitiOn,"sfea ' ' "' lialtiiidU cle. 461:'' aeta:I.ot,:yi0,by evidence of apenpaney::014,:ani visible' end. apparent pad easement on or:netaisidl:Or'aity part Oft.34k4eity::::biiilh exception Ol%'e;:4 '-''1-1 or r.;.t•Pool7toi' maintained 6- 0;_thinrt67.5..67,.iedioniikcidiobyett_. '1:ni.ydi:::....H:ht)e7:06.:;;70.::.4 -7iit16ttiiiii*,6!: i‘en:5iit re:‘,..!: of‘,0aniiiyisp.priiilyesen...t. , .- , ,.-..., i..-pp os Property ktr:irt7.:ibptainirrei'iathslesiihP.,„ BUYER assumes kulf . - :--C'''Ihe'.56i114.:*ii?.biOtiiiiiir4iioy:fildaiiiia.„ .. any . krp,possesston and:, issntioi-fnlf- jai iill' '' ' ' 41E -- . 70s 'responsibilitylorins from - — ..,:occupants,,.44 nY., Buyeeilinthds: 1 Buyers Xniats (theek,one) i IN ;a 4... ;IN e ' "1 It i- Bamha;;.:i.recalyed and :reviewed 1y. survey o ,'-aoriiiatioks*wl'ii*aOtioo ..--,: .. bOio e subject to -any and al): easem . • `-• i •. • ',ell . . i , - rtrIE , d*ref11000A1149q1er 410tters-0**0 *10.0; ''P. 41". •-• ".. 8:91010w :•••• ' .1 ilocoseAlv has made no re ,.varante,f4..or.gtftrolutions us..to'thp su i. ecgo . •, -... . : .... '.." urv4: or the eOniequenaot of the .liaiiiiiott.,ald.uiiiey:, .., ... It• , S. . „ . _ 11 J' • ALLLL If a survey. acceptable Wtho-TigA P0.0,4NY, been :fpfnis • osjpgi: BUYER may clect opay-An.ad atonal -4. • TITLE COMPANY for additio alth eoYeritae.the'14rIttdikiql! conillate or shortages '.41letPa 14_11.060'. !PPP LOT '0V00.01:4 6f ' With 016:4'-, 00Vetage,-01-4,0000R will Pn1-34'.tr.0''%.104.4gIOC14*Pa •* 161"..; orelvitt will takaiitiatiiicin4o any i0eattle items revealed on the survey. 41 •00 0 0** • • • • • • • • • • • • • • • • letectNCtioTpurcilatie.,;iiiditjoriat coverage: •BuYi.ea titoyer'i 5. .`"UNSURVEYED., PROPERTY... EtWER roodeouinda.A.--ttrvey.':OUth.6 aFr,,PJA010"-'10° TI. 01Y": hw NOT bPen fumis40 in t404:** *0- that 'i1ie'Oimick7:13d1i0 icK:i444 41.1)fflit: will 1101! provide- tide insurance zoverage..against. encroachment -a fnpr%eflIen b9411440...001:** oUer matter$ that woul4 be ound on..4.11 • aceep&ble-sinvey. 6. 1 •flAZARD FA . 'ITITAVCOMPANY,Iiavrre(.itiferriptectio deterimn ••.,., , „„ .„ if PiO.Perty Its 14 aieelitt.f.10041 , bazard &ea • .,. „„,„ COMPANY ha not: inaileany:= .repmentations conerrnng of the advised ib*i.0.0*04.•ccPc0111M&W04141:ilood•liagard'.4rP4s.Pay* AY.4415:*'fiPm Coality ormunicpa1 offiee4-.t clualieed:44Veyot. itiartil*itineeringAiiipant 1 ACCEPTANCE OF PRCigEgrF.: BTJYER ow1edg tha COV�.ANY has not made any rcpreanfations as to the y ;?iotettiye.Ori rntended pnrpose. physical conthton or fur inarke value of the Propert and Wteasea and iPida..harinteia'ITT4/ -00/0,-Aiq,1•••fioi* any -an liability in regard t,Obe..;Witability-fer BOyeealaenii,eit purposei'PhysiCit.coarlhitm,otfair fluyrIffitaJs; PROPERTYVAVPIMCApONS;,.:ItWailfaiiiiitidii-. is not .n.ovv:avaiiiible;110):YEE. 014:',$)ZPI(-ackctiowl0 taX.Proratioristre:bao:66ta**00.4taeg*04060, . _ B9Yees 010.-4P1*.0141 iear SELLER. acha tOlie0g6i Mv0-40 11. 0.411*.Pg#04110WhAows#3.t 0:42**11,44.1:04e:,,), s40/41(thibti6?,. 401 TOlcUIPP,W06, h.ayo *I.rtitop N.vf.;:th tro*oyowelo.00.0: :PROPERTY,T-Al RENDT'portop rEpoTioNg, :ItrAnakutil! the 04424:*PP41.41)0.4104-0) 80 1013WM49000'.0t=;*44014.4;,- in ownership of tlie Properjy to assijre propez receipt ef fijture tax notices i0Mik4**-..140:09000ii40440004&14.q,&4WhaYA'11!"4.14ac004 Oti the bass of various exemptions obtanied by thc SELLBR (e 4.;i0joigt*, open land, homeatead or orer - ) e- exteni injtER tivatifyio' it ot.SUYtit to sahafk, )titt.%ak acknowledges these and Itia,fiki no 00:001WIL1y for future aOcur4Py t.opprik, cOpopfito, itatoititittotiofie:; SeIers (for above stOetnerit) 09yei!s -Id prepared ei • ur In-tbe-:eveafthaf:rmx.rditte.-aeneniai which miselate or maccurately refiects the true and correct terms conditions and provisaons of thia:Clbamg; ar4the:44+.,.: 97. dtarieareirer:Or to .1i unilateral mistake tsf,Hth6 , ,.030344Y and/or the :V.001401,1pistaloPit a, SELLER andfor the BUYER, PL ER r4 Tr.R. •6010A. 144‘.. - - -th,turreetion..rkieumoP.0.,14..'t- . issfiteinen • my deem Web:rm accuracy or m t. $0her*!Thitialat.- .(for above at.iitet0,00) • • • • * # • • • IF • *0 0 • • * • • BilYer's Mittel& •.:Bilyer'S Wit& -0\ , , „ . , • , „ . „ . • • acitnitd ftEGUIRMESTra: SBLLBR nd:131:TVEit eaoli!,•aaknowitilw UnAeratanding,',f.Iii.f.theabOrCferina0 7 At. 11:41i1W0110114.14e-ifilessiofi":P(11**ParV*0:13,1***1*0 *h:101i:- R.ttr; YONsAttitm" HAS •:Nter "t:0** OM A) ALL 7'003 EQU MmS ME COMPLETED TO ‘TfiE.: SATISFACTION OF g):''Att NEOWARY: •41.1$*TS,'.•AitkPROPEPLY., EXEd1.0bi :•REVIE*1115 BY ThB PARTIES : TO This TR:A1ASAtTIO14;•7:ISICLIIMN20,,Igt Tits COMPANY Op- C) ALt - 141.PgVP" - . . :11P.StrY§ ARE OLL=131). .AisTo:_Drazate:i TO AND . • • .• AOFRDI$Y7-igmVs10'WW)tviVil:Ailtig,titoAki0 iiirrOP•RiAt5Pustia1000s„ BO.:Y3TIVAP4g3":45100.0gf* that POttier1011 :COW Vri4 underwriter aiiiinderink•btiltiviai&iO5•4CfertfisiisieStion,,athe,..NOic*iit 01)qr:***trc•Ot.renlePt1 hik.beifitilftitaj.; (fOr elovP stqeme0 HOW 'W AND ,RESTII WEAL Skit TITLE POKPANTilijesnOtsell, prninote.nr. . ,•I iiPMC ivaiiin—tiei . or - 'dPiltiat: Eeiiibe contracts and gi.iimi • • , ' itith 1'v or • , .• ,.,, Fe0e*IITitx:iit-tegq.-.. 110:•:4anio. • flooAv!,WalAi •, *dcollta:s.071:00' endOefa•-cannd tietee tired un ; ',- r itie,aoi ! . e : c i*I6i6; then :the titititii 0dP1,0*-104PeAqn4:4`On1146*. ' Alii•t6 tha.'*rOltY'Or Pstclettial service contrad company. ; ., i eri• ..1d . COMPANY filikeS no iv.1$.0.614tioite or Va! , .--•.101* Yi#.4*fit!-", , 'ir taSig aeitial .-SarOCC . .- conimets..poveraget: i : :.m win. Wissued in:azonnection iw #1 -6' thinsaetion. •SEtrAai • :*0000e14agrea toin: clani.". 3 iii .1.•PO it. „k • • 4 !... 1 ' • any : lial?ility :in', cOnneetion will? 'securing ,antbOrne -vynran , a , .41-*, -061*Ontiiir0 iji 0110::t.40.4.0.601i. ' Iier!SlAais- airriboveitaiement> Buyer's lifiti INST'RUCTION NGT-.1.0:•CLOSE/FOND- BUYER ang SELLER; P•AdeStan4 that as an independent tbard Pa#Yt LULE COMPANY aaPPot el•fAi1* of his trasaTcton over the Obje:00: 0.r BtTsER SELLER er LetldeF. r.et4er,of 11.19sO Parties inFiroci tae- TiTtrg cOMPANV to stop :000i*. 00r. funding iitpOss, QOMPANY will stop_ the :process and will not take any fnither action viiittkont die-consent-of altpartiet. dices Irntals: (for-above statement) :Buyees MktiWNERISASSMATIONBUyER*Okna*1:044.:,n000a"' ,.. • trio. lks:91#e PP'4Y' '''il'10.:*0,0kOhiP:•*•:`-•41I-::::. rsor•• • Property, ' Association . i, to winch monthly -or 1 :4iies!..;iia •„ • • .... • •• ..• • „.... , 040*tt'..eW::: will tliat 130enforoatli ' . a lien against 0:0. ,.Property titrAii*44.#0 ' t46,41#.456" • ,..(ii:Aiiialiit04,4k-eiii). 41i6illdibeenritedatiOtritkttir certain 14k040WOOVOf fOkote,. dues or a esaments, nicluding :ao,' •-: .,, : ,,,,,••:,,enes"•fobiaPiiiit iiniirOVeMe4 404:00•041.E.•174:41;39 1 disclainis .vy4140.,:...„...:. • • -0t..****-4:0_:. •: FO•reseR :7:: • AO t i6,.;:i.4:,A.--iii0000.p:11,10100•• - -- 4,::'F911) 100#4: oc - d iiii0nio**:::'#•it:.:-Oft*-.,04-*".01:010",---,. :T.: tici4'-' ii's,;)e imPPni$11k-0'0*.k,sP011: ' 1,701**1....: tt.4:00.:40000.4ii.g, • • • ••• 11 • 1 'II • • ' * •* • * & Buyer's Initials: 15. ROLLBACK PROPERTY TAXES. SELLER and BUYER acknowledge that TITL E COMPANY is not responsible for the collection or payment of tax assessments due to a change in use or ownership ("roll-back taxes"), or a determination by the Appraisal District that certain exemptions claimed by SELLER were improper during the current or any prior tax year and both SELLER and BUYER agree to indemnify and hold harmless TITLE COMPANY against any and all liability for same. BUYER acknowledges that the Owner Policy to be issued in connection with this transaction will not cover or insure against subsequent tax assessments due to a change in use or ownership of the Property. Seller's Initials: (for above statement) Buyer's Initials: NIA OWNER POLICY YiRB MON. Pursuant to the requir URANCE CODE 9.55, BUYER hereby ackno Mortgagee Po Title Insurance to be issued above in con ,n of $ 10 the Lender and that the BUYER in the Policy in the amount additional pr w that a e File Number is to be issued a a CY. at sue Policy ofd title insurance coverage to event of a d rn t ; . - to the Property. An Owner be issued for an cost of $ unless rejected h BUYER TO REJECT THE ISSUANCE OF OWNER , Buyer's Initials: • UALIFIED POLICY P ' ' 1 PASS THRO reques ., the Owner Policy premium paid (or to be paid) —•�� this transaction ied to issuance of an Own H. Of Seller's Initials: (for above statement) BUYER'S transferee in a .. - uent, understands that this application of F•' any Owner Policy in fay Owner Policy for THE y-� SELLER: 4,,zc„,C4, .1 • sl 8 ER in toy im favor of transaction. BUYER will not result in issuance of and B t • W . 'ects issuance of an 'S protection. SELLER HEREB ` : a NTS TO ON OF THE PREMIUM CHARGED - TO SELL n. D BY BUYER. BUYER: Pau . Moore Executive Secretary Texas Veterans Land Board STATE Ul: TEXAS COUNTY OF 1—+1J was c ledged before me on the day of of'Couuty,'Iexas. Pamela J. Neely [votary Puhtic y State of Texas ,,. My Commission Expires May01, 2012 NOTARY WITHOUT BOND • ass •• •r as • • ! • • 6 200'by STATE OF TEXAS COUNTY OF gaidO This instrument was acknowledged before me on the i " day of Oddlit, , 200P by glee PAMELA ISAACSON Notary Page STATE OF TEXAS My Comm. Exp. 11B- 05.20b • STATE OF TEXAS COUNTY OF et. itAL1411604-1-, Public in and for the State of Texas This instrument was aclasowkedged before me oa the STATE OF TEXAS COUNTY OF day of , 200_ by Notary Public in and for the State of Texas This instrument was acknowledged before me on the day of , 200_ by Notary Public in and for the State of Texas B.XIUBIT A LEGAL DESCRIPTION 54.837 acre tract of land out of Survey 420, Abstract 857 and Survey 422, Abstract 850._INueces County Texas, more particularly described by metes and bounds as attached hereto es Exhibit W. e ••• • • • • •• • • • • i • • • • • .• _• . • • • • EXHIBIT KAn 43941 METES AND BOUNDS DESCRIPTION OF A 34.837 ACRE TRACT Being 34.137 sues of hard, mare or leas one of a 2.111 we tract recorded In Doesurtent No. 2004035611.O014 aI P*Jo Records of Nieces Canty, Torok and out of a 34.19 acre tract mottled ht Vol e• 2130, Pass 14, Debi Reeanda of Mucci Cooly. Taw, and out of a 54.91 owe not recorded Is Whops 1713, has 102, Dtxad Records of Plums County, Texas, n>d IL* out of w 40 ac s uxa Awed lo Vohuoe 1810. Page 224, Deed Records of Nunes Coady, Tenor, and this hart brigs out of Ds,1dtwia► M.rtuz Surrey 420; A451 sad Pedro HI toJoss Survey, A450, and this 54.137 secs tract being moon perieutoly described by meta rod bouillon fallow.: Beginning at a found 54S -Dots no rod bat the eouibast Coma ofd* treat +std rid 34,19 erns tract, said aorta sin b.Ing ttta attAwmt wow of a 1.17 sari it recorded 1n Volume 1114, Psp 224, Deed Records of Nunn County, Taxis, and sold comet Wog oa the north 00X- of-way lbw of ltmrpea Highway 171 nun N 3$ -22.23 W wltk the mouth boundary of ik& 11614 4441 aid 34.19 ire now, to skier befog do non might -ot+aaar Ili/ W.H. 31, 67.14 fief, lo a food boohoo cow* motsumeas dbr a canner ofthis toot: Themtoe N 37.04.2 W tad unifntbg wwdt do nob boundary of this to and said 34.19 no vacs, dab scam bolos the nob t#ght-M -tray lbw anti. 37. 1499.13 Peet, to a found TxDot concrete monmimaut with 4 braes disk for a scorn •ftldr mom Tosco 14 5349.10 1V ad aonkmdgg nth the sands boutdery of tads torn and said 34.19 awe not, to sues belog the north data-of-way Una of 1.11, 37, 400.92 fook to a found ThDot cameo nautical with ' beaks disk fors ono of drill-NM Thecae 14 47.111.22 W red condoling with the Booth bonds* of this nem cad aid 34.19 son snot, den some blos the owl o ot.n y dose et1.H. 57.216.03 kit, to the southwest Mon 0f MI fast; the etaM bell* the Kudrna towforseid 2.1 5.1 etas unit road meld nom bons dos latasados of the ow* dubtokvsy lies of Iii 37 %vith 6* proposed east tigt.ofimwnr Ikrr of eo Joe Pekoe Tons Coeddor; Theo* N 15 -54.24 W wits dm west boundary of dds has bed said 2151 iota now. Ors sane bens do proposed fast rI way Roo aiiba So. P Ooa Tens Comtidor..4 1.21 poet pas s hood txDst mom aoontra4nt with s bee.s disk. le aft 131.00 An to s food ADO noun i onamc d wilt a boss disk Rs a now adds tow Than N 01-5244 a wilt rho wish boundary eels Ind end said 2151 oars hoot, the aeons being *imposed as 41d-o6 wl► He/ of d. Joe Floe Tod* Cuisine, 120.00 lbet. sea fmmd ThDat Qonrset• moan Bed widt a brow disk for a most of tbia too; Maroc N 65.11 -10 8 wltb the .rut boundary of this treat sad the ptapload out didt4o• wsy then dn. Aso ?ultra Trade Corridor and ematng awls E.1$& leer sabot, 72.11 1bet, 10 a lbtmd TxDot mate meamtatt with a brew disk 6* se bolds tooter ofthls truck said wino betel to die art bounds y ofold 2.151 fear its* Maros 3J 04.2341 E nth In wrap boundary of 6* tract and d.o ea* rigbt+of• way No *Mg Jos fhhoa Trade C.aidos, at 151.39 diet Ism a 34.19 we trio ad enter add 40 ra:me trot, es 293.13 Pest 1enwe odd 40 sc+s tarot and meet and 54.91 arras tt•pt; la di 317.17 Ask to 1 so 14•1ecb hots rod whb sap he efts aerthweat comer *Ida trait« Thence S *3-44.26 E with rho moth bounder, ridge maw, M 120.$0 to leave said 54.91 acre tract wad enact slid 40 on tut, in 411 1401.63 tart, to s sat S41nch iron rod with up for due roads cotmor etlbir tatdn; • • • • ice• • • 4 ••• • s•• • • • • • a• ai w • • Page 1 of 2 EXHIBIT "k" 404 Thows1147,,40#4.1k;,. irpnr04****"****401noc0thig:1* the7Kqt'2044 W '90***** boInduTy of thi. trir#,;*0' liWIkaitlOCY0iiii ***kilt q0.0*::#(.-.:344:'::1:.17 wi tra • cPmokbAg.54407:*t", ras ...2.:012 • 4 4. 4414 4 .4 fir4' * 1 V: „ 4.: 4 SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES After execution and acknowledgement as set out herein the effective date of this Special Warranty Deed shall be October 24, 2408. WHEREAS, The Texas Legislature has authorized the Veterans' Land Board of the State of Texas to plan and design, operate, maintain, enlarge, or improve state Veterans cemeteries on land duly selected by the Veterans' Land Board of the State of Texas for such cemetery sites; and WHEREAS, Nueces County, a political subdivision of the State of Texas, has been duly selected by the Veterans' Land Board of the State of Texas to provide one such site for such use; and WHEREAS, Nueces County as Grantor is ready to make one such site available to the Veterans' Land Board of the State of Texas for the establishment within a reasonable time of a State Veterans Cemetery. NOW THEREFORE, Nueces County, acting by and through its duly authorized officials, ("Grantor "), for and in consideration of the premises stated and the obligation of the Veterans' Land Board of the State of Texas, ( "Grantee "), hereby conveys to Grantee the SURFACE ESTATE ONLY of the following described tract of land, situated in Nueces County, Texas, to -wit: Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A-850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Page 1 of 7 ■ • • ••• • ••• • • • • _ • • • • • • • • •- • • s • ■• ■• • • • • • Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and said 34.19 acre tract, said comer also being the southwest corner of a 1.17 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and said corner being on the north right -of -way line of Interstate Highway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of- way line of I.H. 37, 67.14 feet, to a found broken concrete monument for a corner of this tract; Thence N 57-04-52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 1499.83 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence 53 -29 -10 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of -way line of I.H. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a corner of this tract; Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of I.H. 37, 256.03 feet, to the southwest comer of this tract, the same being the southeast comer of said 2.158 acre tract and said corner being the intersection of the north right -of -way line of I.H. 37 with the proposed east right - of -way line of the Joe Fulton Trade Corridor; Thence N 15-54-24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right- of-way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk, in all 138.00 feet to a found TxDOT concrete monument with a brass disk for a corner of this tract; Page 2 of 7 • • • ••• • ••• • • + • • • • • • • • • • a • • • • . • • • Thence N 08 -52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right - of -way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 65-11-10 E with the west boundary of this tract and the proposed east right-of-way line of the Joe Fulton Trade Corridor and entering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an inside corner of this tract, said corner being on the east boundary of said 2.158 acre tract; Thence N 05 -25-57 E with the west boundary of this tract and the proposed east right-of -way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for the northwest corner of this tract; Thence S 88 -44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north corner of this tract; Thence S 34- 47-58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast corner of this tract; Thence 5 20 -59-39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast comer of said 34.19 acre tract, in all 914.43 feet to the point of beginning and containing 54.837 acres of land, more or less. Note: Bearings are State Plane Grid bearings. Page 3 of 7 • • • ••• • ••• • • • • • • • • • •• • w • •• • • • ■ • • • • This conveyance is made SUBJECT HOWEVER, to the following exceptions: All easements, reservations, restrictive covenants and use regulations shown as exceptions to coverage in Schedule B of the Commitment For Title Insurance furnished . Grantee as part of the consideration for this conveyance, to the extent the same are valid and subsisting; and all matters that are revealed in the survey furnished to Grantee, receipt of which is acknowledged. Such above- described property (subject to the exceptions stated or referred to above), together with all and singular the rights and appurtenances belonging in any way to such property, shall hereinafter collectively be referred to as the "Property ". 1. The Property is intended for use as a cemetery and has disclosed to Grantee any and all information known to Grantor and relevant to the intended use of the Property. Grantor specifically represents that it is not aware of any active oil, gas and /or mineral leases which are producing from beneath and under the surface of the land conveyed hereby that would interfere with the use of the surface of the Property as a cemetery. 2, Grantee accepts the Property in its "AS 1S" condition, without representation or warranty from Grantor (except as expressly provided for herein). Grantee recognizes that the Property has been used by others for certain oil and gas exploration /production activities and that various mineral leases are listed on the title commitment furnished on the property. Grantor has located various wells that had been plugged and abandoned; otherwise, no drilling or other mineral exploration operations were observed by the Grantor on the surface of the property. 3, In the event Grantor requires access to the Property after the date of this instrument for any reason relating to environmental conditions for which Grantor is responsible for remediating pursuant to applicable law, Grantee (on behalf of Grantee and its successors and assigns) here grants Grantor (and its contractors) reasonable access to the Property for such purposes, without charge. If in the future, any environmental conditions are discovered on the Property for which Grantor is responsible for remediating pursuant to applicable law, Grantee (on behalf of Grantee and its successors and assigns) hereby agrees to not seek to require Grantor to conduct remediation activities in excess of that required by applicable law. Grantee represents that it has conducted, at substantial expense, extensive environmental studies of the Property regarding its plans to utilize the Property as a cemetery. 4, Use Restriction. Grantor and Grantee respectively covenant, represent and warrant as follows: Page 4 of 7 • • • ••• • ••• • • • • • • • • • • -• • 2 . w• R• i s • • (a.) (i.) The Property shall be used only as a cemetery and for related governmental purposes, and in no event shall the surface estate be used for single family dwellings, multiple family dwellings, hotels/ motels, day care centers, educational facilities, churches (except in the case of a chapel for use in conjunction with the cemetery), social centers, hospitals, elder care facilities, and/or nursing homes. In no event shall potable water wells be installed on the Property. (ii.) No gravesites shall be located on that portion of the Property indicated as the "No Gravesites Area" on the survey map attached hereto as Exhibit 1. (b.) The covenants, conditions and restrictions set forth in this Paragraph 4 shall apply to and bind each and every owner of any part of the Property and their respective heirs, devises, personal representatives, successors and assigns, and shall operate as a covenant running with the land and passing with the title to the Property and any part thereof. (c.) The covenants, grants and restrictions contained in this Paragraph 4 shall continue unless and until terminated by Grantor (or, if Grantor ceases to exist, by Grantor's successors or assigns) and Flint Hills Resources, LP (or, if Flint Hills ceases to exist, by Flint Hills Resources, LP's successors or assigns). Invalidation of any of the terms and conditions of these restrictions, whether by court order or otherwise, shall in no way affect any of the other terms and conditions, all of which shall remain in full force and effect. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances in anywise belonging, unto the State of Texas, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto Grantee, the State of Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through, or under the Grantor but not otherwise, and subject to the exceptions stated herein. Automatic Reversion. Grantee, on behalf of Grantee and its successors and assigns, agrees that unless within five (5) years from date of this conveyance: (i.) the necessary governmental permits /approvals (if any) required for the use of the Property as an official State Veterans' Cemetery have been procured, and (ii.) bona fide construction activities relating to a State Veterans' Cemetery have commenced on the Property then this conveyance shall be null and void and such premises shall absolutely revert to the Grantor, without necessity for suit or re -entry by the County of Nueces or its successors. Upon beginning construction of State Veterans' Cemetery bona fide construction activity shall continue thereafter with due diligence, until the completion of such facilities and improvements on or before two (2) years after date of such Page 5 of 7 !_/ i ..6 .6 . 2 2 • construction commencement or Property will automatically revert back to County without necessity of re -entry and this conveyance will be of no further force and effect. In the event of such reversion or any reconveyance by the VLB: (i.) Grantee will ensure that the surface of the Property (to the extent impacted by Grantee or its assigns) and any improvements thereon are in a reasonable safe and stable condition; (ii.) Grantee will not allow any interest to attach that may adversely impact title in the event of reversion or reconveyance to Grantor; (iii.) Grantor will grant Grantee access rights of the same type and for the same purposes as Grantee granted to Grantor in Paragraph 3 above; and (iv.) the parties will reasonably cooperate in drafting, executing, and recording (upon the request of either party) a document that would provide record notice of such reversion or reconveyance. IN WITNESS WHEREOF, the County of Nueces has caused these presents to be signed by its duly authorized County Judge, and attested by its duly authorized County Clerk, at Corpus Christi, Nueces County, Texas, this 2. lay of O& , 2008. Accepted: The State of Texas On Behalf of the Veterans Land Board erry E. Patterson Chairman, Veterans Land Board Date of Execution: Pain Moore Executive Secretary Veterans' Land Board Page 6 of 7 Nueces County, Texas XeK/Q-7 Samuel Loyd Neal, Jr Nueces County Judge Date of execution: 141-510( Attest: Ito 644.44..„} Ms. Diana T. Barrera Nueces County Cl r : 0Nsf 11 ' \7 • • • •s• s s4• • • • • • • • • • •• • • • `• • �• r a • • • Contents Legal Deputy Comm Chief Clerk STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned, a notary public in and for said County and State, on this day personally appears SAMUEL LOYD NEAL, JR., known to me to be the person and officer whose name is subscribed to the foregoing instruments and acknowledged to me that the same was the act of the said County of Nueces, State of Texas, and that he executed the same as the act of such County for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this the day of 0/466 , 2008. L*tclei„ (=k,OdSo --/ Notary Public, Nueces County, Texas Page 7 of 7 PAMELA ISAACSON Nary Public STATE OF TEXAS ay Comm. . 06- 05.2009 • • • ••• • ••• • • • • • • • • • • • • • _• -• r • • r r • • R40101ete10 WI w at L DUI'! 1 00, • 1 J J • A NI =Wig $11filliE i 7E1 E.. • 2 arw er , A L ■.writ+�rrlrrr- -� =I- _.� MIKY 1awit • 4 • ••f • ••• • • • • • • • • • • • • _ �* _• • I I EXHIBIT "1" MBT1 S AND BOUNDS DESCRIPTION Op Sr1$'A' Being 4.289 acres of tend, more or kre; referred to as Site 'A' and being out of a 54.837 at tram. said 54.817 acre tract bang out of a2.150 acre tract retarded in Document No. 2004035681, OIGciel Public Records of blue es County, Texan, end out oft 34.19 sere tract recorded in Values 2130, Page 84, Deed Records of Nueces Comfy, Texas, and ow of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Meow County, Term. end also out of a 40 um tract recorded is Volume 181D, Page 224, Deed Records of Mean County, Task and being out of Desideria Martinet Survey 420, A- $57, end Pedro Hinajose Survey, A-850, and this 4.219 acre tsaetbeing more particularly described by metes and bounds ea follows: Beginning at the southeast cornier of ibis tract, said easter being on the south boundary of laid 54.837, the same bang the worth right-of-way line of Intestate Highway 37, and sold ones bowing N 59-22-23 W, 67.14 feet, N 57.04 -52 W, 1338.91 feet, from a found 518 -inch iron rod for the sotmhesat comer of acid 54.837 acre leant and said 34.19 acts tract, the asst being tiro southwest corner of a 1.17 are tract recorded in Volume 1810, Pogo 224, Deed Rounds &Mecca County, Texas; Thence N 37 -04-52 W with the south banditry of this tract and said 54.837 sera mot, rte sense being the north tight-of-way Mac of 3H 37,160.91 feet, to a found TkDOT concrete monument wltft a bran disk fora comer oldie tract: Thence 14 53-29-10W and teaming with the south boundary of thin tract and said 54.837 acre tract, the same being the monk right - of-way line of 114 37, 327.35 feet, to the southwest comer ofthia tract Thence entering said 54.837 sere nut and leaving said sight -of way line, North, 213.35 feet. to the oerthwest coma of this tract- Thence 14 81.01 -39 E with the norib boundary add, tact, 334.71 Aeon a eermetofUsle tract; Thence East with the oorh boundary of tide tract. 80.00 fed, to the northeast mama this tract; Thence South with the east boundary of this track 460.00 fen, to owner of thie beet; Thence 3 32 -55.017 W with the east botmdary of this tract, 114,37 faet, to the point of teeming and coaaiuini 4.189 Braes of lied, mots or less. • • ie • ate • i i i ri • • 0 8 I STATE OF TEXAS, COUNTY OF TRAVIs Net -200g000,, $et # Pages:, •1:157/2469 5.7.„Cel (Metall Records -of Glu(ry DIANA t.:BARRERR COLKTY.-CLERK F2e5 435.09 ORMINA DOCUM7 s EASEMENT IS GRANTED AND CONVEYED ..4f.cE.PM.) BY GRANTEE, WITHOUT. .,.*Ny' -WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY INCLImiN0IBUT-NOTIMITEDICO:ANY,wABRANTESixuArrift4BTARM BY COMMON LAW 10.-gAyi.':ttig:,..r49viwiN§,00$KytoN 5:040F THE TEXAS PikortitTr CODE' AS 'W.B0-4N OR ',',HEREAFTER , AMENDED., •:GRANTOR : AND GRANTEE ..HEREBY AGREE AND ACKNOWLEDGE TgAT,TRiElISE OF TOE..7Extm ;Tim EAsgitOrvi :t& FREE OF LIENS, -: ENC:IIMBHANcE.S- AND/4H PRIOR RIGHTS. , NOTICE IS HEREBY GIVEN .T.:4';:Oft,AINTEJE THAT ANY PRIOR_ GRANT:AND/QtQlcONIORANO.E*AN BE OF RECORD -ANto'f.G48N7Fps..430:ypgp TO EX-AMgq 74, ft!C91400.0.74F:::001Y0, AND RECORDS .DIVIsloN.OFTREGENERALLAND:OFFICE,470iil*ATH-CONCRESSAVEN114 AUSTIN, TEXAS 787014495* AND ALL OTHER LAND TITLE REcORDS OF ThE COUNTY IN wHICHTHEEASENEENT AREA IS ;LOCATED. TheEasement.sgranted by thisinstruMent;iS subject to the following conditiOns; (I) Prior to the construction of the water line, Grantor will provide to Grantee the specific location of their future driveway upon Grantor's property. Grantee,_ at Grantee's sole cost and expense, will insert that portion of the water line in4de a.. protective sleeve or conduit: below the grade of the -Altura driveway. Once the driveway has been constructed, any future utilities placed within this easement wilt have that•portion of thelineplacedinsidea.protective sleeve or 'conduit below' the grade Of the driveway line at .Grantee'aaole cost and .expense. (2) Grantee will maintain the Easement Area in &state of good repair, safe condition and efficiency in an effort to prevent any damage resulting from its use to the Easement Area or to Grantor's adjacetitpropetty. (I) During the construction of the water line, Grantee will promptly replace and restore the easement area to the smile or ;8h16,11.4 topographical 'condition that ` , existed prior to construction, (4) Grantee shall promptly replace any irrigation water lines disturbed, :0aril404„ or destroyed as a result of Grantee's disturbance of the surface of the Easement ,Area. (5) For any new utilities Plaattitl, the future or m aintenance on any existing utiliuies within the Easement Area, Grantee shall make every, reasonable effort to avoid the Clearing or ,removal of any landscaping placed by .. .Grantdr. In the .event: Grantee is unable to avoid the removal or damage of anylandscaping..Grantee.- Utility, Easement-City ". of cOrpiitrhititi, Tens • 4• * r :: :" ae IT Page'l of :1* * ": " • • * • • • • *- CA ' shall replaeer, and restore the landscape area to the same or better condition as existed prior to construction. Grantee.: hereby acknowledges Grantor's; Tight- to - receive water for domestic use on Grantor's property by means of z maximum Of three 'tap locations into the Water line constructed on the easement. Grantor -reserves the right to enter upon.ana.„uso:tho surface of:the Easement Area, no event 4411 Grantor use the Easement Area in any manner W-41.0.,:'jOitOifet4 in any material way or is inconsistent with the.iiiht*grafited:`,:htionfidetz This Easement together with Other provisions -,of,tks instrument, shall constitute .a covenant running with the land for the benefit of ertantee-itS:SnegresOra.atat assigns. Grantee hereby acknowle dges the intended use for Grantor's property and Agrees- not to impede the entry to or operation-oftheCemeteryfor any reason. To the extent allowed by law, Grantee hereby agrees to release, indemnify and hold , harmless Grantor, its successors and assigns, from any claims, demands, liability or damages and any expenses incurred by reason of the same, including reasonable .._ attorneys fees incurred by Grantor, Whether or not a suit is involved, in any way arising from or related to the construction Of the waterline, or the maintenance of said Grantee hereby releases Grantor from any liability for damage to or interference with Grantee's waterline caused by any third persons. This instrument shall be binding upon and inure to the benefit of the heirs, successors and assigns of each of the parties hereto and should any provision hereof be invalid or unenforceable, the remaining provisions shall continue to be in full force and effect. .basement may be executed m multipte counterpart origrnals with the same ettect if all signatory parties had signed the same document. All counterparts are to be construed together and will constitute one and the same instrument, and the signature pages of each document May be attached to one instrument for convenience or for recording. SEGNATURE PAGE AND EXrnrnT FOLLOw REMAINDER DE PACE INTENTIONAILV LEFT BLANK UtilityEasement-Ciiy ofCorpus Christi, Texas *9 0 • • * • • e, ; • • • • * 1* • ** t.1 1 Ce .94:9, • TN wiTNEss REnop, Grantor eauSed 's instninientlo day of- December ,2608. 'G :RA„NTOR:: TFIE -..VETE/ZANSLAND.Iitikitia agency, of THF STATh OF TEXAS and thrbught Approved:1A,010: Deputy Exec Larry L Laine,. Chief 'Cie" for XERRY:E,IPATTTR.SON ChairaniVeteranstand Board Commissioner, General Land ()fade, executed'this 31 s t **Note to County Clerk; Property Code 02.006 combined with Government Code, § 2051.001 authorizes -the recordation of this instrument without acknow ed ent or further proof. AFTER RECORDING RETURN 'T Jason Nezamabadi Project Manager Construction Services Texas Veterans Land Board 1700 North Congress Ave; Suite 700 Austin, Texas 78701-1495 REMAINDER OE PAGE INTENTIONALLY LEFT BLANK CityA10)rpuscht*tj.t-Tqas Page-.3 ofS Atli • 0.• 04 0 10, 0* • v 4- ** 0 * '4 • 4' • .0.. 0. 4 • •.0 0 • v . • .0 * 0 . .. .40 *It '00110 • • •. 10 :1 , Exhibit A — 2 Pages NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT City of Corpus Christi, Texas THE STATE OF TEXAS § COUNTY OF NUECES KNOW ALL BY THESE PRESENTS, that THE VETERANS LAND BOARD, an agency of THE STATE OF TEXAS, acting by and through Jerry E. Patterson, Chairman of the Veterans Land Board and Commissioner of the General Land Office (hereinafter called "Grantor "), by virtue of the authority vested by Tex. Nat. Res. Code § 161.062, et seq., for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration paid by THE CITY OF CORPUS CHRISTI, TEXAS, the address of which is P.O. Box 9277, Corpus Christi, Texas, 78469 -9277 (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, and for which no lien, expressed or implied, is retained, has this day GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL AND CONVEY unto Grantee, its successors, and assigns, subject to the covenants and conditions set forth herein, a non - exclusive easement TEN (10) feet in width for the purposes of construction, installation, operation, maintenance, replacement, inspection, tie -in connection, upgrade, removal, relocation and repair of utility lines, necessary appurtenances and the utilities system (hereinafter called "Easement") upon, under, over and across the following described property, to -wit: BEING a tract of land containing 3,987 SQ. FT. (0.09 AC.) of land out of a 54.91 Acre tract described in Volume 1713, Page 102; a 40 Acre tract described in Volume 1810, Page 224; and a 31.19 Acre tract described in Volume 2130, Page 84 of the Deed Records of Nueces County, Texas; and a 2.158 Acre tract described in Document # 2004035681 of the Official Public Records of Nueces County, Texas and being out of the D. Martinez Survey 420, Abstract 857, Nueces County, Texas; said property being more fully described or depicted on the survey plat and metes and bounds description attached hereto as Exhibit A and incorporated herein (the "Easement Area "). TO HAVE AND TO HOLD the same to Grantee, its successors and assigns, together with the rights of ingress and egress upon the Easement Area and upon Grantor's adjacent property to the extent and for the length of time necessary to effect the purposes permitted herein. This Easement is perpetual unless and until such time as said Easement is abandoned and discontinued for the purposes stated herein whereas upon such occurrence said Easement shall revert to Grantor or then owner of record of the underlying real property. as 10.• 111019 • Utility Easement —City of Corpus Christi, Texas •o• ••• • • • • • Page 4 of 5 • • • • w•i •1 i• • • i• • • ••• • • EXHIBIT A t*blitltkE-1:0 itges. •150:::_4c.,. PAgtgt... . .. _ titte.„-*mloq:5:§.w. 474: .rotio„Npr, BEARINGS:ARE V.Illi ...... 1.,4 Izi ,,- '17"': ' • . RCN ''V0L:::740ii::21;!4• we ::::REFuoict 10 'GRID -4'..: .':•'.:1Z:N.:C3:: .... • • • .'.888!4426E 13 NORTH 'A., PER SURVEY ,,kri L.L,L_P-,... lo_or: BY :'04:.'-: stutip::::tipsoW ....Li ,.. ,.,14', 6Np...iss$Dc. INC. ..:.TiktED:.' ci: Lu'i-c.,- Vegvo6', ' '.'": P.' . . . 4.E ._ . .46 •;.(..::;:t4ARta 4 ce, 'S?04;1010„ P. 284 t .:z''' 1:.) '''''' •littte.1; ' 10 LIT10 IT; • EASEMENT 3987 SO FT(O9 AC) E16..N.B.T4t3T HUNUMENT. POINT 0F. BEGINRING- rosp-Txpoy 0.12A 1449: AI. PARCEL VEIL -04$1.;p4:114 AR;Nc:0'• Tartfr of:%,:c.Q.mmeNcErloor -ratiNvi!Vir IRON •R0)); • NAP TO Ac.c.coNoy FIELD NO7ES:: . . . Scxti* ro6i iO Etit: OfUtitinak: 14*,• oiiirek, "clew Ejn, . so,. mu tvroc.'ii AT Ce..; 0440' COND4gthq - 4:967 so rrifkoo 01.0 P isOos aE604togq.m''*40*...17.* Po,ct:,14 '066.14 to* $90A 234:7,*:0:W2i*.'PACC 6#10 1,*icr-V4 4111'0461ifir*Al*Ji#0610.601. nor' Of#6:30L'aveut ArZOOKXF Cr C Cr; crr17 coRPUS• Citn/377, De. pqrfinent- of 'er4irteering. Services Stever' ihweion ..70.4*-100 **0 4 2,40* A�.* 1gtlie.:*<6iit-otigoice#6.666 Utility EateinefifHViO:if -Two. , **4.._, 6, • . ,•• 41:. :4"C •••4:. •