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HomeMy WebLinkAboutC2013-033 - 1/16/2013 - NA2013002933 [ 1 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 L &A] 200 0 2CO 4ou SCALE IN FEET i / EXHIBIT DRAINAGE Ilt \ \ EXHIBIT J 200' BUFFER ZONE 1 TRACT 1 '%'@nn H�:Eaa EASEMENT ' PROP BELT PRESS F IUTY — (BID$ 12 011) �. EXHIBIT C 30' U.E.— 0 YM SIM SHALL BE PIAILO IN W um .0 wY-- TO E' � � 6 9E. FAddT°R. BERM SHALL EE &LILT IN SUCCESSWE —10. AL s tr S IA[L NOT BE NNSTxNGim ST QtB-0VYP PRE4 ° N qq � rAlutln - NE — m Ixsluux0 T eotu ON ITS NOE LE RFL 5dL Iu.BNNC d 6 - ZZ / s I Il l E %H1BIT L E.E. R 5 ;15' C II I I, o 150.0' a / E %HIBIT b Y 15 U.E. II �f (FOR 36" FM FROM 11 1F WILLAMS LS) I k 1�1 25 ACCESS 0 YM ma ; r FUTURE LIFT \ STATION \ G PI NN � FUTURE s \ \ T -' HEAOWORNS \ \ �iL CAYD DEL 1150 ❑� O II 00 (vl l� W 9 d 0 0000 m TRACT 4 30.14 ACRES 0 ®� EI 0 0 EXHIBIT K! r 150' BUFFER LQ EASEMENT BY SEPARATE EASEMENT FUTIIR AERATION BASINS EXI-10T A 95.07 ACRES EXHIBIT N 10' MAINTENANCE & SECURITY EASEMENT SIM SHALL BE PIAILO IN W um .0 wY-- TO E' a EXHIBIT A 9E. FAddT°R. BERM SHALL EE &LILT IN SUCCESSWE —10. AL s tr S IA[L NOT BE NNSTxNGim ST QtB-0VYP PRE4 ° N qq � rAlutln - NE — m Ixsluux0 T eotu ON ITS NOE LE RFL 5dL Iu.BNNC d 6 - — BUFFER I" w III W uX LL ME YLnI YL�� CfD AND EASEMENT R ,ON II IS ACIAE m, 3� EASEMENT LINES 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. ��� � N OPTION 2 a 6 PROPOSED STRUCTURE A 047 EXACRES A — A m BUFFER 2!.N1 E \ 75 u,E. 0' U.E. BERM EASEMENT ma ; r FUTURE LIFT \ STATION \ G PI NN � FUTURE s \ \ T -' HEAOWORNS \ \ �iL CAYD DEL 1150 ❑� O II 00 (vl l� W 9 d 0 0000 m TRACT 4 30.14 ACRES 0 ®� EI 0 0 EXHIBIT K! r 150' BUFFER LQ 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. /"o \ 4 E' a 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 N EI' A PE ummN AN s E sueYllim. EVEW Fd DURING ME LION, F IND RFIH RUn ° et[ U WIIN mi F EASEMENT LINES 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. /"o \ 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 - CN WAY, COYENII.T, BFI PESIR[CndN, p RECOAOm, CL IE PIfM cOIEOEa, E, E.E AI AOREEMENI PROAOm AS A GEA°Rm m [°PY ME O 00 CUREM. THE N EI' A PE ummN AN s E sueYllim. EVEW Fd DURING ME LION, F IND RFIH RUn ° et[ U WIIN mi F 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 1. ExLAnNO uxL RFLwlas IN sFA4CE ""OUT IYPACRNC FIINRE RF]VZRLIIAn°N. z. Nd udBIFMAnaTrs Td FxLSRNN unlFrc FASFNFNrs. IMPACT OIEUNACE PATTERNS. REOMAES NxMm sFUOY. I. AESMEOCE OF BERM YAU2Y IMY BE A CONCERN. DRAFT OPTION 2 'a VA x w w . W m F W Q C) N 3 o W o LL m I r Y go- E a Ell tp I t 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