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BUFFER ZONE EASEMENT
CITY OF CORPUS CHRISTI
(OSO WASTEWATER TREATMENT PLANT)
1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A &M
UNIVERSITY SYSTEM (hereafter, "TAMUS "), on behalf of the State of Texas, acting by and
through its duly authorized officer, under authority of Board Policy 41.01(6), and by virtue of
authority granted to the Board by TEX. EDUC. CODE § 85.26, in consideration of the mutual
benefits to be derived by both parties, GRANTS, SELLS AND CONVEYS to the CITY OF
CORPUS CHRISTI, TEXAS, a Texas Home Rule municipal corporation, as grantee (hereafter,
"CITY "), its successors and permitted assigns, a non - exclusive buffer zone easement (the
"Easement ") across certain property of TAMUS (hereafter "the Property ") located in Nueces
County, Texas, more particularly described as follows:
A plat of the Property showing the surface area affected by the casement and the location of
CITY's buffer zone is depicted on Exhibit "A" attached hereto and incorporated for all purposes
2. Purpose and Location of Easement The Easement is granted for the purpose of
maintaining a buffer zone on the Property located around the Oso Wastewater Treatment Plant to
abate and control odors in compliance with state law and regulations of the Texas Commission
on Environmental Quality_
:3. Right of Access CITY has the right of ingress and egress across the Property for the
purpose of maintaining a buffer zone. CITY agrees to occupy the surface of the Property only to
the extent and for the length of time necessary for maintaining the buffer zone. Any gate or
opening used by CITY for ingress or egress in the exercise of its rights must be kept in proper
condition and closed at all times.
4.. Duties CITY is responsible for any damage to the Property, to the extent that it
causes said damage to the Property, and to any other real or personal property of TAMUS
adjacent to the Property. CITY must, vdthin a reasonable period of time, repair or replace
TAMUS' property to the extent it will, as nea as practicable, be in like condition as before
such damage or destruction. At the option of TAMUS, in lieu of repairing or replacing, money
damages will be paid.
5. No Fee Interest Granted This is a grant of a nonexclusive easement only, and does
not grant any. fee interest to the surface, subsurface, or any interest in the minerals on or under
the Property. The conveyance is made subject to a and all outstanding restrictions,
reservations, covenants, conditions, leases, easements and other encumbrances filed of record or
apparent on the ground. TAMUS expressly retains all rights to grant, control and renew all
restrictions, reservations, covenants, conditions, leases, easements and other encumbrances, of
every kind and character, on, over or under the Property.
6. Duration of Easement In accordance with TEX. EDUC. CODE ANN. §85.26(c), this
grant is for a term of ten (10) years and may be renewed only at the election of TAMUS. CITY
expressly understands that its continued possession of the Property under this Agreement after
expiration of its term, without first obtaining a renewal from the Board of Regents of The Texas
A &M University System, is a violation of state law that subjects CITY to a penalty of ONE
HUNDRED DOLLARS ($100) for each day of such violation. CITY agrees to pay TAMUS
such penalty within ten (10) business days after receipt of notice from TAMUS sent in
compliance with Paragraph 20 of this Agreement. TAMUS and CITY acknowledge that at the
time of execution of this Easement, it is CITY's intent that it will seek a renewal of this
Easement from the Board of Regents of The Texas A &M University System after the expiration
of its 10 -year term.
7. CITY will comply with the Antiquities Code of Texas, TEX. NAT. RES. CODE
ANN. § 191 et sec.., and CITY further agrees title to archaeological objects or artifacts, if any, in
or on the Property remain with TAMUS.
8. Reservation of Use TAMUS expressly reserves:
A. The right to use the Property for its own benefit or the benefit of any of its
members including the right to construct and maintain a berm on the Property as depicted on
Exhibit "B" attached hereto and incorporated for all purposes. The right, without limitation, to
grant permits, licenses, and easement rights in the Property to other parties, so long as the use
does not interfere with the use of the Property as a buffer zone. TAMUS agrees to contact the
wastewater department of CITY at the address below at least five (5) days prior to any surface
construction or subsurface excavation in order to avoid damage to existing utilities:
City of Corpus Christi
Wastewater Department
P.O. Box 9277
Corpus Christi, Texas 784699277
B. The right to grant permits, licenses and easements covering the Property to other
parties for the benefit of third parties or the public, so long as (i) the third party or public use
does not interfere with the use of the Property as a buffer zone.
9. Hold Harmless CITY AND TAMUS, TO THE EXTENT ALLOWED BY THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH AGREE TO HOLD
THE OTHER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES
AND CAUSES OF ACTION FOR PERSONAL INJURY OR DEATH AND /OR DAMAGE
TO OR DESTRUCTION OF PROPERTY OR IMPROVEMENTS CAUSED BY,
ARISING OUT OF, OR RESULTING FROM THE EXERCISE OF EACH PARTIES
RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.
2 Prepared by W," of General Counsel
City of Corpus Chdsti Buffer Zone Easemem
Legal Files No. 2o12 -0030909
EDCG 1211312012
10. Hazardous Waste CITY will not commit or suffer to be committed waste upon the
Property; will keep the Property and the improvements in good working order and repair and in a
clean, safe and healthful condition; and comply with all state, federal and local laws, rules and
regulations with regard to the use and condition of the improvements on the Property.
CITY will not use the Property or permit the Property to be used so as to cause, suffer, or
allow any contamination of soils, ground water, surface water, or natural resources on or
adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasoline,
hazardous materials, hazardous wastes, or other chemical compounds. CITY is solely
responsible for cleanup of any contamination resulting from violation of this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED BY CITY AND SUCH MATERIALS RESULT IN CONTAMINATION OF
THE PROPERTY THEN CITY, TO THE EXTENT ALLOWED BY THE
CONSTITtiTION AND LAWS OF THE STATE OF TEXAS, SHALL INDEMNIFY,
DEFEND AND HOLD TAMUS HARMLESS FROM ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. CITY'S HOLD HARMLESS INCLUDES COSTS INCURRED IN
CONNECTION WITH ANY INVESTIGATION OF SITE CONDITIONS FOR ANY
CLEANUP, AND REMEDIAL, REMOVAL OR RESTORATION WORK REQUIRED
BY ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR
POLITICAL SUBDIVISION BECAUSE OF HAZARDOUS MATERIAL PRESENT IN
THE SOIL OR GROUND WATER ON OR UNDER THE PROPERTY.
11. Default and Termination It is agreed upon default by CITY of any of these
covenants, conditions and agreements, TAMUS has the right, and such right is expressly
reserved, to declare the Easement forfeited, without prejudice to any claim TAMUS may have
against CITY; provided, however, TAMUS will give CITY written notice of its intention to
terminate the Easement and the reasons for termination, and CITY will have thirty (30) calendar
days after receipt of ' notice to rectify the default or violation. Upon timely correction, the
Easement will remain in full force and effect. Upon termination or abandonment of the
Easement all rights granted in the Easement revert to TAMUS without the necessity of any
further action or suit on the part of TAMUS, and CITY agrees to file a Release of Easement in
the Deed Records of Nueces County, Texas. Abandonment will be deemed to have occurred
when the Property is not used as a buffer zone for a continuous period of one calendar year.
12. Waiver No waiver by TAMUS or CITY of any default or breach of any term,
condition, or covenant of the Easement will be a waiver of any other breach of any other term,
condition, or covenant.
i
Prepared by Office of General Counsel
City of Corpus Christi Buffer Zone Easement
Legal Files No. 2912. 0030909
EDG- EV1312012
13. Privile es and Immunities. CITY ackno wledges TAMUS is an agency of the State
of Texas and nothing in this agreement will be construed as a waiver or relinquishment by
TAMUS of its right to claim exemptions, privileges, and immunities as may be provided by law.
14. Texas Law to Apply This agreement is construed under and in accordance with the
laws of the State of Texas and is performable in Nueces County, Texas; however, by statute,
mandatory venue for all suits against TAMUS is to be in the county in which the principal office
of the chief executive officer is located. At execution of this agreement, such county is Brazos
County, Texas.
15. Grammatical Interpretation When the singular number is used, it also includes the
plural, and the masculine gender includes the feminine and neuter gender.
16. Headings Headings are for reference and will not be construed to limit or alter the
meaning of the provisions of this agreement.
17. Parties Bound This agreement is binding upon and inures to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors in
interest or office, and assigns (but this Section does not constitute permission for an assignment).
. 18. Saving Clause Should any clause in this agreement be found invalid by a court of
law, the remainder of this agreement will not be affected and all other provisions in this
agreement remain valid and enforceable to the fullest extent permitted by law.
19. Assignment This agreement is personal to CITY. CITY may not sell, assign,
encumber, or convey its interest in this agreement or the Easement without the prior written
consent of TAMUS, and any attempt by CITY to sell, assign, encumber, or convey its interest in
this agreement or the Easement without such consent will cause the Easement to terminate.
20. Notices Any notice required or permitted under this Agreement must be in writing,
and shall be deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address set out below. Notice may also be given by
regular trail, personal delivery, courier delivery, facsimile transmission, email, or other
commercially reasonable means and will be effective when actually received. TAMUS and
CITY may change their respective notice address by sending to the other parry a notice of the
new address. Notices should be addressed as follows:
If to TAMUS: The Texas A &M University System
Office of General Counsel
Attn: System Real Estate
301 Tarrow Street, 6� Floor
College Station, Texas 77840 -7896
f
M
Prepared by Office of General Counsel
City of Corpus Christi Suffer Zone Easement
Legal Files No. 2012- 0030409
EDG12/1312012
If to CITY: City of Corpus Christi, Texas
Engineering Services
Attn: Daniel Biles, P.E.
P. 0. Box 9277
City Hail, 1201 Leopard, Third Floor
Corpus Christi, Texas 78469 -9277
20. _Entire Agreement This agreement constitutes the entire agreement between
TAMUS and CITY with respect to the subject matter hereof and will not be explained,
modified, or contradicted by any prior or contemporaneous negotiations, representations, or
agreements, either written or oral. This agreement may only be amended by a subsequent
written instrument executed by both parties.
2012.
21. Effective Date This agreement is deemed to be in force on the 1 St day of September
BOARD OF REGENTS OF THE TEXAS A &M
UNIVERSITY SYSTEM, an agency of the State of Texas
APPROVED AS TO FORM:
DIE D. GOSE. J.D.
Assistant General Counsel
Office of General Counsel
The Texas A &M University System
4111
The
5
Ur)1versity System
Prepared by Office of General Counsel
City of Corpus Christi Buffer Zone Easement
Legal Files No. 2012-0030909
EDGA D 1312012
TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
Aproved as lo Legal form:
Veronica
0 Oc nas
Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF BRAZOS §
CITY OF CORPUS CHRISTI, TEXAS, Texas Home
Rule municipal corporation
By:
DANIEL RILES, P.E.
Director, Department of Engineering Services
BEFORE ME, the undersigned a ho
on this day personally appeared JOHN i
System, known to me to be the person ose
acknowledged to me that he execut it as the
he
University System for purposes
capacity therein stated.
GIVEN UND
, a Notary Public in and for the State of Texas,
W, Chancellor of the Texas A &M University
ne is subscribed to the foregoing instrument and
t and deed of the Board of Regents, The Texas
consideration therein expressed, and in the
MY HAND AND SEAL OFFICE this
, A.D. 2012.
Notary Public, State
r
Texas
day of
Prepared by Office of General Counsel
City of Corpus Christi Ruffec Zone Easement
Leg,[ Files No. 2012.0030904
EOG- 12117/_012
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF BRAZOS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared JOHN SHARP, Chancellor of the Texas A &M University
System, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed it as the act and deed of the Board of Regents, The Texas
A &M University System for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND
A.D
w.t KRISANN L. EVERETT
3x .s MY COMMISSION �CPiRES
AUGUST 11, 2013
AND SEAL OF OFFICE this d day of
2013.
Not Public, �Statef Texas
' � F5� ,� is z I��asiate �e�
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared DANIEL BILES, P.E., Director, Department of Engineering
Services for the City of Corpus Christi, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed it for the purposes and
consideration therein expressed, and in the capacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1P , A.D. 2012.
WS ®IU GAFVA rd
• MY COMMISSION EXPIRES
• ; Fe6mary 14, 2013
1r . - jT TT
Prepared By Office of General Counsel
City of Corpus Christi Buffer Zone Easement
Legal Files No. 2012 -0030909
F-VG- 1211312012
EXhibit A
EAffi t A
Page 2 of 2
r1
A= 54'24'53"
R= 150.00'
L= 142.46'
CB= N55'43'54 "E
FA-
LJ
A=70'1 6'49"
R= 200.00'
L- 245.32'
CB= S54'51'35 "W
4 =1 T 17'33"
R= 200.00'
L= 60.36'
CB= S69'36'27 "W
I.NV
engineers f architects I contractors
881 MWGATkK SWE 888 m (361) 8831884
CPHVl16 CHFN6T.TPN1137&188 FAY 18'188 &1886
.M MM NC. F- �.umCCOM
LINE
BEARING
DISTANCE
L1
S 28'31'28" W
746.03'
L2
S 59'59'33" E
1196.81'
L3
N 30'09'46" E
81.41'
L4
IS 60'22'00" E
44.02'
L5
N 28'33'52" E
166.93'
L6
S 60'37'27" E
63.76'
L7
N 27'36'11" E
208.44'
L8
S 63'41'07" E
52.83'
L9
N 28'26'49" E
202.40'
L10
S 11'00'46" E
155.01'
L11
S 40'13'37" W
229.89'
L12
S 49'54'16" W
154.96'
L13
S 30'09'46" W
214.36'
L14
N 59'59'33" W
1495.71'
L15
N 28'31'28" E
782.16'
L16
N 82'56'21" E
966.55'
L17
S 10'33'46" E
98.61'
L18
S 89'59'26" W
462.66'
L19
S 86'39'20" W
21192'
L20
S 82'56'21 " W
38.30'
CITY OF CORPUS CHRISTI, TX
11/9/12
BUFFER EASEMENT
SHEET 2 OF 2
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SCALE IN FEET
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25 ACCESS
EASEMENT
LXIST STRUCTURES
z. Nd udBIFMAnaTrs Td FxLSRNN unlFrc FASFNFNrs.
(APPROXIMATE LOUITIDN)
15' U.E.
I. AESMEOCE OF BERM YAU2Y IMY BE A CONCERN.
��� �
N
OPTION 2
a 6
PROPOSED STRUCTURE
A
047 EXACRES
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\ 75 u,E.
0' U.E.
BERM EASEMENT
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EASEMENT BY
SEPARATE EASEMENT
FUTIIR
AERATION
BASINS
EXI-10T A
95.07 ACRES
EXHIBIT N 10' MAINTENANCE
& SECURITY EASEMENT
NILE DRIVE ROAD
CLOSURE o.86 ACRES
DOC. No. 2011021639
o,R, N. C.T.
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EXHIBIT A
'ONE dF 1HE FIX10N1N0 ALTERNAlINES NUSF BE MET AS .1 COGPLVNCE
Q
�
]P FoxeeHUNJ
Icrcun.
MI) ONE
NOT ON KO RESIDE All STRUCNRES LT ME RAtt I MN SUFFER ZONE
NOT dM1HEO ME APPUC SUFRCEN BE
IF E GUTA : OF LT.c11 SFNx:Twx
— BUFFER
NAY NOFNB .
O ME 9
EBE. FIRE ME FORM F DURABLE F
A ,
EASEMENT
PROPERTY BOUNDARY
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ummN AN s E sueYllim. EVEW Fd DURING ME LION, F IND RFIH RUn
° et[ U WIIN mi F
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1 NO RESIDENT& ST — NLS NIE LOUiNO wIMIx - F nROFOSm BUFFER ZONE.
A
EXIST FENCE /WALL
25 ACCESS
EASEMENT
LXIST STRUCTURES
z. Nd udBIFMAnaTrs Td FxLSRNN unlFrc FASFNFNrs.
(APPROXIMATE LOUITIDN)
15' U.E.
I. AESMEOCE OF BERM YAU2Y IMY BE A CONCERN.
DRAFT
OPTION 2
PROPOSED STRUCTURE
A
047 EXACRES
m
BUFFER 2!.N1 E
K,HIB
0' U.E.
BERM EASEMENT
NILE DRIVE ROAD
CLOSURE o.86 ACRES
DOC. No. 2011021639
o,R, N. C.T.
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NOTES:
E'
I. 1NE 150 FWF 811FFER ZONE I5 REOMREO TO MEET 9]ay.t3([11
EXHIBIT A
'ONE dF 1HE FIX10N1N0 ALTERNAlINES NUSF BE MET AS .1 COGPLVNCE
41,58 ACRES
REWIREUEM IO A IN AND E0.HI11°L A NVIEITCE OF ODOR PRIOR TO
OF A NEW WASRYlA IR FLAY uxn, OR
COYSTRlI
M O EXEET EA.ENT
g) M E IN TIE NEST ON USE OF CI IXISIIN6 E OF FREUMENF N
(3) ME PmR Nu6T suFNCIETF LYIO C OF I THE UFFERIO E
MI) ONE
NOT ON KO RESIDE All STRUCNRES LT ME RAtt I MN SUFFER ZONE
NOT dM1HEO ME APPUC SUFRCEN BE
IF E GUTA : OF LT.c11 SFNx:Twx
— BUFFER
NAY NOFNB .
O ME 9
EBE. FIRE ME FORM F DURABLE F
A ,
EASEMENT
-
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N EI' A PE
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u,mMZE FOR DIRI /WnI AFTER I E P P
S caNNE,E
1 NO RESIDENT& ST — NLS NIE LOUiNO wIMIx - F nROFOSm BUFFER ZONE.
�EXHIBR M
CCNSIDERATIONS:
25 ACCESS
EASEMENT
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IMPACT OIEUNACE PATTERNS. REOMAES NxMm sFUOY.
I. AESMEOCE OF BERM YAU2Y IMY BE A CONCERN.
DRAFT
OPTION 2
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Doc"r 2013002933
Pa 12
01/24/2013 9:49AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $59.00
An'4 Provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race► Color,
Relision, Sex, Handicap, Familial Status, or
Hu.Li anal Orrin is i nvalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number Sequence on the date and at the
time stamped herein by tee, and was duly RECORDED
in the Official Public Records of
Hoeces County► Texas
Diana T. Barrera
b 3vY�
k \-
City of Corpus Christi
Dept. of Engineering Services
Nei Property and Land Acquisition
P. O. Box 9277
Corpus Christi, TX 78469 -9277
J