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Home My WebLink AboutC2012-330 - 9/21/2012 - NAUTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF NUECES § Port of Corpus Christi Authority of Nueces County, Texas, acting herein by and through its Port Commissioners hereunto duly authorized (hereinafter called "Authority ") for and in consideration good and valuable considerations, including the covenants and conditions herein made and provided to be kept and performed by Grantee, has GRANTED AND CONVEYED and by these presents does GRANT AND CONVEY to the City of Corpus Christi, P. O. Box 9277, Corpus Christi, Texas 78469 -9277, a Texas Home Rule municipal corporation, its successors and legal representatives (hereinafter called "Grantee "), a right -of -way and easement on and through the Authority's land located in Nueces County, Texas, for one 42 -inch Pipeline for wastewater transmission and disposal. The easement hereby granted is described on Exhibits A, B, and C and further depicted on Exhibits D, E, and F, each of which is attached hereto and incorporated herein by reference for all purposes. In the event construction is not commenced within one year from the date hereof, this easement will terminate, unless the period for commencement of construction is extended beyond one year by Authority. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, the rights and privileges hereby conveyed for so long as the easement granted is used for the Pipeline, and upon the following covenants and conditions which are a part of the consideration for this grant, which covenants and conditions are and shall be construed as covenants running with the land, and which covenants and conditions by its acceptance hereof Grantee covenants and agrees to keep and perform. This right-of-way and easement is granted subject to the following: A. Fee. For the first ten (10) years of this agreement, Grantee will pay to the Authority a fee in the amount of Six Thousand Nine Hundred Twenty Nine and 401100 Dollars ($6,929.40) payable in advance. During each succeeding ten (10) year period during the term of this easement, the annual fee will be set by the Port Commissioners of the Authority based upon Authority's then current schedule for the fee for pipelines of the Pipeline diameter. Grantee may prepay all annual installments due for each ten (10) year period at the beginning of each period. . B. Access The rights of ingress and egress hereinabove referred to in Grantee shall be confined to the above - described easement and Temporary Construction Easement, except as noted below. Grantee shall not have the right to cross Authority's adjacent land, store materials or equipment thereon or to conduct any of its operations thereon, unless the prior consent of the Authority is obtained in writing, which consent will not be unreasonably withheld. Grantee has notified Grantor that it will be deviating from the easement area to construct a temporary roadway, fencing and gate for Grantor's tenant, G &H Towing Company. Upon completion of the 2012 -330 9121112 1 Port of CC Authority INDEXED pipeline, Grantee will remove the temporary improvements and restore Grantor's property to "as- was" pre - construction condition. Except in the case of an emergency, Grantee agrees to notify the Authority not less than seventy -two (72) hours prior to its employees, agents or contractors entering upon the easement for construction, maintenance, repairs or other operations. C. Construction, Maintenance and Use Prior to the commencement of construction of the Pipeline, Grantee will furnish Authority issued for construction drawings. Grantee shall construct and maintain the Pipeline in a good and workmanlike manner and in compliance with all applicable governmental and industry standards for construction and maintenance of the same. Grantee's use of the easement herein granted and its operations in relation to it shall at all times comply with all applicable laws, statutes, rules and regulations of federal, state and local government. Grantee shall furnish the Authority upon completion of the Pipeline or any modification thereof, an as -built drawing of the location of the improvements and any modification. Grantee shall be responsible for coordination of its construction and use in the easement with any other existing users and easement holders in or near the Grantee's easement. Grantee shall promptly restore any portion of the right -of -way damaged by Grantee. All restoration work shall be appropriately tested at Grantee's expense. D. Reservations and Exceptions The easement herein granted shall be subject to any and all easements heretofore granted by Authority to other parties whether of record in Nueces County or not. The Authority reserves the right to grant easements upon, over, under and across the property embraced by the easement herein granted and to grant rights of use, leases and easements above, below and on the surface of such property. E. Assi.griment The rights herein granted may not be assigned without the prior written consent of the Authority, which consent will not be unreasonably withheld. This easement shall be deemed a covenant running with the land and shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. F. Termination This easement and all rights to use and occupy the easement shall terminate if Grantee shall at any time abandon or cease the use of the same for the purposes herein granted for a continuous period of two (2) years; and such termination will occur upon the expiration of the said two (2) year period. This easement and all of Grantee's interest hereunder, at the option of Authority, shall forthwith terminate upon breach by Grantee of any of the conditions hereof and the failure of Grantee to remedy the same within ninety (90) days after written notice from the Authority so to do. Grantee agrees it will within ninety (90) days after the termination of this easement remove the Pipeline existing in the easement and restore Authority's lands to the condition in which same existed prior to the existence of the pipe line. In the event Grantee fails to remove the Pipeline, the Authority may either declare the termination of Grantee's interest in any the Pipeline and all of Grantee's interest therein shall thereupon terminate, or the Authority may cause the Pipeline or any 2 part thereof, to be removed and disposed of, and the lands of the Authority restored, all at the cost of Grantee. The execution of this easement shall be conclusive of the agreement of Grantee to all of the terms and conditions hereof, whereupon this easement and all of its provisions shall extend to and be binding upon the legal representatives, successors and assigns of Grantee and Authority, respectively. WITNESS this day of 2012. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TEXAS By: John P. LaRu Executive Director "Authority" CITY OF CORPUS CHRISTI By: �. Name: Daniel Biles, P.E. Title: Director of Engineering Services "Grantee" 3 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of !J 2012, by JOHN P. LaRUE, Executive Director of Port of Corpus Christi AAu F®rityf Nueces County, Texas, on behalf of the Port. SHERRY I,. DUBOIS �. No l b tary Publi Public STATE of TEXAS NOT P LIC STATE OF TEXAS * .... comm. Exp. 06- 2520 Z'1111 I My commission expires: �r STATE OF TEXAS § COUNTY OF NUECES § 5� ;� This instrument was acknowledged before me on the day of (2012, by DANIEL BILES, P.E., Director of Engineering Services for the City of Corpus Christi, a Texas Home Rule municipal corporation, on behalf of said City. .:� I T Y PUBLIC, STA F TEXAS :y4'• �': I�AAA71•}pigILVIAQUIROZ M COMMISS10N EXPIRES :* Augusta,201s My commission expires: 4 SCALE: 1"=30' TOE f 9�'ry 5 ,Jga`o/ f o• TRACT 2 P.O.C.C.A. VOL.178 PGS. 53 -54 D.R.N.C.T. TOE TCE � TCE - ?OA' T.C.E. 6,345.14 50. Fr. S 4641'14 E 184.26' / 7,77 - - - .13 AC�/Z N 48'41'14 W 177.22' CENTERLINE OF EASMENT= 283.8' TRACT 2 P.O.C.C.A. a's VOL.178 PGS. 53--54 O V D.R.N.C.T. F State of Texas County of Nueces I, Horocio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. . THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING=TEXAS STATE PLANE TEXAS SOUTH 2ONE- 4205 —NAD 53 n.�_.. • PARCEL 1 = 5.676.50 Fr., 0.13 AC. This the — day of /`7-liffe 2012. �� gq f� �0 t{QRACIO DUVEIRA <,* Ago 1415 Horatio Oliveira 1� !�ESS)� y� State of Texas License No, 1415 4 SUR� rG 2.73 AC TRACT P.O.C.C.A. VOL -1065 PG. 285 / D.R.N.C.T. TE TOE POINT OF BEGINNING S 51'26'49" E 21.02' i U.F- Q S0. FL 33.91 AC TRACT W CITGO PETROLEUM CORP DOC. NO. 805167 ` D.R.N.C.T. * ** REVtSION BLOCK ... Qti 1/28J92 REVISED PARCEL OR's 1. DATE i Na DFS CRIPTION 1?Y EXHIBIT OF NEW BROADWAY EFFLUENT LINE LEGEND: 20' UTILITY EASEMENT ROW RIGHT OF WAY PARCEL NO. 1 M.R.N.C.T. MAP RECORDS, NUECES COUNTY. TEXAS AREA= 5,676.50 SQ. FT. D.R.N.C.T, DEED RECORDS, NUECES COUNTY. TEXAS T.L. TEMPORARY LEASE 0. 13 AC. P.O.C.C.A. PORT OF CORPUS CHRISTI AUTHORITY REFERENCE: TRACT 2 P.O.C.C.A. C FOUND CORNER VOLUME 178, PAGES 53 -54 Ot PARCEL NUMBER D.R.N.C.T. I'I - PROPERTY LINE 0 30 _ 45 60 RIGHT OF WAY GATE: FEBRUARY 2012 —TCE— TEMPORARY CONSTRUCTION EASEMENT — — — EASEMENT ® DRAWN BY. ORB engineers I architects I contractors CHECKED BY: DO mawm�sna,n �� Win.. ru�sn. JOB NO.: 100036.000.1 SCALE: 1 ~ =4D' TRACT 1 P.O.C.C.A. , VOL. 146 PG, 570 00 S.A.U. &G. RAILROAD a 20.0' T.G.E. o► D.R.N.C.T. 4x2491 so FT F VOL. 146 PG. 570 / D.R.N.C.T. _ POINT OF BEGINNING / TCE TCE TCE ( J PL S 1 i'O6'�� L _PL ZOE Ln Q — TCE TCE- 'a * E S 1517'51" E 124.49' O N 11'O6'47`1� 100.0' i State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING —TEXAS STATE PLANE TEXAS SOUTH ZONE- 4205 —NAD 83 .,� . PARCEL 6 — 1,995.45 FT., 0.045 AC. p This the ,day of !e a k2012, 1A y'� P�6t A � L. 4 t 4 � � CIf? OLIVEIRA 1455 Pv . Horacio Oliveira ' OQ( State of Texas License No. 1415 SO4 PL EXHIBIT OF 0.046 AC 20.0' U.E 1,e95.a5 sq. Fr 1, - CENTERLINE OF EASMENT =97 -5 i- ------------ LEGEND: 20' UTILITY EASEMENT ROW RIGHT OF WAY 8.98 ACRE TRACT N 3543'08" W 43.05' c • AR EAR 1 J ^ w � . � � �� e � MISSOURI PACIFIC RR CO DEED RECORDS, NUECES COUNTY, TEXAS a V TAX OWNER ID NO. 0195264 /'� 0.046 AC. e �+ NUECES COUNTY APPRAISAL. VOLUME 146 PAGE 570 DISTRICT FOUND CORNER D.R.N,C.T. - _ X i PARCEL NUMBER LU THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION SOURCE OF BEARING —TEXAS STATE PLANE TEXAS SOUTH ZONE- 4205 —NAD 83 .,� . PARCEL 6 — 1,995.45 FT., 0.045 AC. p This the ,day of !e a k2012, 1A y'� P�6t A � L. 4 t 4 � � CIf? OLIVEIRA 1455 Pv . Horacio Oliveira ' OQ( State of Texas License No. 1415 SO4 EXHIBIT OF NEW BROADWAY EFFLUENT LINE LEGEND: 20' UTILITY EASEMENT ROW RIGHT OF WAY PARC NO. 6 M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS • AR EAR 1 J ^ w � . � � �� e � D.R.N.C.T. DEED RECORDS, NUECES COUNTY, TEXAS a T.L. TEMPORARY LEASE /'� 0.046 AC. P.C.C.C.A. PORT OF CORPUS CHRISTI AUTHORITY REFERENCE: P.O.C.C.A. TRACT 1 VOLUME 146 PAGE 570 FOUND CORNER D.R.N,C.T. - Q PARCEL NUMBER PROPERTY LINE 0 40 - 60 50 -RL) --- RIGHT OF WAY DATE: FEBRUARY 2012 — TCE — TEMPORARY CONSTRUCTION EASEMENT EASEMENT DRAWN BY: ORB engineers I architects I contractors CHECKED BY: DO - ,p,�,*+� "` JOB NO.: 100038.000.1 TRACT 2 P.O.C.C.A. SCALE: 1 " =30' VOL.178 FIGS. 53 -54 D.R.N.C.T. Q� --- ME — - - _ -b1b o O �$$ POINT OF BEGINNING -N 48 ° 41'14" W 2.28' PL PL PL State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LW Inc., do hereby certify that the foregoing map was prepared from information of record and from a survey made on the ground under my direction. ,,SOF ¢ �L Q�ol RF This the of 2012. �� $' t• Ii0FiAG", OLiVElRR •a, 1415 �.,.� Horatio Oliveira State of Texas License No. 1415+. d 12 5 A 0.01 O 6.74 SO. Fr. N 5720'52" W 105.41' cY — CENTERLINE OF EASMENT= 2711.8' PL PL PL PL 33.91 AC TRACT CITGO PETROLEUM CORP DOC, NO. 805167 D.R.N.C.T. GENERAL UQM, • THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BEARING —TEXAS STATE PLANE TEXAS SOUTH ZONE- 4205 —NAD 83 • PARCEL 2 = 5,436.74 FT., 0.125 AC. PL PIL m :C r K W TOE 2.73 AC TRACT P.O.C.C.A. VOL.1065 PG. 285 D.R.N.C.T. me TOE TOE TCE TCE Tc, TCE 2 00' T.C.E. 5,446.15 Sq. Fr. S 52'20'52" E 129.94' S 51'26'49" E 142.13' N 51'26'49" W 163.79' EXHIBIT OF NEW BROADWAY EFFLUENT LINE LEGEND: 20' UTILITY EASEMENT ROW RIGHT OF WAY PARCEL N0. 2 M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS AREA= 5,436.74 SQ. FT. D.R.N.C.T. DEED RECORDS, NUECES COUNTY, TEXAS T.L. TEMPORARY LEASE 0. 1 125 AC • P.O.C.C.A. PORT OF CORPUS CHRIST AUTHORITY REFERENCE. 2.73 AC TRACT P.O.C.C.A. FOUND CORNER VOLUME 1065, PAGES 285 O1 PARCEL NUMBER D.R.N.C.T. - -- F'I — PROPERTY LINE 0� 30 60 RIGHT OF WAY - -- DATE: FEBRUARY 2012 — TCE — TEMPORARY CONSTRUCTION EASEMENT - EASEMENT DRAWN BY: ORB engineers I architects I contractors CHECKED BY: DO S M JOB NO.: 100036.000.1 TOE 2.73 AC TRACT P.O.C.C.A. VOL.1065 PG. 285 D.R.N.C.T. me TOE TOE TCE TCE Tc, TCE 2 00' T.C.E. 5,446.15 Sq. Fr. S 52'20'52" E 129.94' S 51'26'49" E 142.13' N 51'26'49" W 163.79' LNV, Inc, B01 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO. 1 (Revised 2- 16 -12) Field note description for a20 foot wide utility easement (413) acres out of the Port of Corpus Christi Authority Tract 2 recorded in Volume 178, Pages 53 -54, Nueces County, Texas Deed Records, said 0.13 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point on the north line of a 2.73 acre tract of land in the name of Nueces County Navigation District No. 1, as conveyed by Socony Mobil Oil Company, Inc. in December 7, 1964, recorded in Volume 1065, Pages 285, Deed Records, Nueces County, Texas, from whence the northwest corner of said 2.73 bears South 88 °- 38' -23" West, a distance of 59.93 feet for the southeast corner of the tract herein described; Thence South 88 38' -23" West, with the north line of said 2.73 acre tract of land, a distance of 31.00 feet to a point, for the southeast corner of the tract herein described; Thence North 48°- 41 -14" West,, a distance of 177.22 feet to a point, for an interior corner of the tract herein. "fence North 78 05' -14" West, a distance of 90.01 feet to a point, for a corner of the tract herein described; Thence North 11°- 54' -46" East, a distance of 20.00 feet to a point, for a corner of the tract herein described; Thence South 78 -14" East, a distance of 95.26 feet to a point, for a corner of the tract herein described; Thence South 48 0 41' -14" East„ a distance of 184.26 feet to a point, for an interior comer of the tract herein. Thence South 51 26' -49" East„ a distance of 21.02 feet to the Point of Beginning Containing more or less 0.13 acres (5,676.50 Square Feet) of land. Together with a 20.00 foot (6,345.14 Square Feet) Temporary Construction Easement parallel and adjacent to the north and northeasterly line of the permanent easement. State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the day of AA 144 1 91e 2012. -f .a�. Horacio Oliveira HQRAGi€� (3tVEiRA State of Texas License No. 1415 ��a Exhibit D LNV, Inc. 801 Navigation Bird., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO.2 (Revised 2- 16-12) Field note description for a 20 foot wide utility easement (0.125) acres out of a 2.73 acre tract in the name of Port of Corpus Christi Authority, recorded in Volume 1065, Page 285, Nueces County, Texas Deed Records, said 0.125 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point on the north line of a 2.73 acre tract of land in the name of Nueces County Navigation District No. 1, as conveyed by Socony Mobil Oil Company, Me. in December 7, 1964, recorded in Volume 1€165, Pages 285, Deed Records, Nueces County, Texas, from whence the northwest corner of said 2.73 bears South 88 38 -23" West, a distance of 28.93 feet for the northwest corner of the tract herein described; Thence North 88°- 38 -23" East, a distance of 31,00 feet to a point for the northeast comer of the tract herein described; Thence South 51 26' -49" East, across said 2.73 acre tract of land, a distance of 142.13 feet to a point for a corner of the tract herein described; Thence South 52 East, a distance of 129.94 feet to a point for the southeast corner of the tract herein described; Thence South 88 °- 38' -23" West, a distance of 31.77 feet to a point, for the most southerly corner of the tract herein described; Thence North 52 20' -52" West, a distance of 105.41 feet to a point, for a corner of the tract herein described; Thence North 51 26'••49" West, a distance of 163.79 feet to a point for a corner of the tract herein described; Thence North 48 41' -14" West„ a distance of 2.28 feet to the Point of Beginning. Containing more or less 0.125 (5,436.74 square feet) acre of land. Together with a 20.00 foot (5,446.15 square feet) Temporary Construction Easement parallel and adjacent . to the northeasterly line of the permanent easement_ State of Texas County of Nueces 1, Horacio Oliveira, a Registered Professional land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction. This the _(� day of x 2012. F ' Horacio Oliveira State of Texas License No. 1415 r r "�'iv o n 4 � 1- ig, 4�� ,� �a • N HORACIO OLIVEIRA f • 1415 �• ��0 SUR�1� Exhibit E LNV, Inc. 809 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO.6 (Revised 2- 16 -12) Field note description for a 20 foot utility easement( 0.046) acre tract of land out of Tract 1, Port of Corpus Christi Authority, recorded in Volume 146, Page 570, Nueces County, Texas Deed Records, said 0.046 acre tract of land being more particularly described by metes and bounds as follows. Beginning at a point in the west line of said POCCA Tract 1, for the most northerly and beginning corner of the tract herein described, from whence the most northwesterly corner of said POCCA Tract i bears North 11 06' -47" West, a distance of 22.91 feet; Thence South 18 17' -51" East, a distance of 124.49 feet to a point for an interior corner of the tract herein described; Thence South 35 -06" East, a distance of 49.42 feet to a point in the north right of way line of Port Avenue, for the southeast corner of the tract herein described; Thence South 54 32' -35" West, with the north right of way line of said Port Avenue, a distance of 20.00 feet to a point for the most southerly comer of the tract herein described; Thence North 35 -06" West, a distance of 43.05 feet to a point, for the northwest corner of the tract herein described; Thence North 11 °- 06' -47" West, a distance of 137.55 feet to the most northerly corner of the tract herein described and the Point of Beginning_ Containing more or less 0.046 (1,995.45 Square Feet) acres of land. Together with a 20.00 foot (4,92491 Square Feet) Temporary Construction Easement parallel and adjacent to the east line of the permanent easement. State of Texas County ofNueces 1, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey nmde on the ground under my direction. is the d day of rdr 2012. ti • '� lC 4 ST � Horacio Oliveira HORAC10 0INGRA State of Texas License No_ 1415 . 14 1 5' ..- Exhibit F V City of Corpus Christi Dept. of Engineering Services —n*4 MMMMM� Pro perly and Land Acquisition MMMMW P. O. Box 9277 ��.r• Corpus Christi, TX 78469 -9277 Paws 11 09/21/2012 2a2lPM Official Records of NUECES COUNTY DIA T. SARRERA COUNTY CLERK Fees $55.00 €ins+ Provision herein which restricts the Sales Rental or use of the described REAL PROPERTY because of Races Color s Relisions Sex, HandicaPS Familial Status? or Hational Orrin is invalid cknd unenforceable under FEDERAL LAWS 3/12/89. STATE OF TEXAS COUNTY OF NUECES i herebg certifq that this instrument was FILED in file number se on the date and at the time stamped herein bq mes and was duly RECORDED in the Official Public Records of Nuecas Counts Texas Dian T. Barrera t r Y