HomeMy WebLinkAboutC2013-050 - 2/13/2013 - NA_
EASEMENT
This Agreement made and entered into by and between AEP TEXAS CENTRAL
COMPANY, a Texas corporation, Grantor, and THE CITY OF CORPUS CHRISTI, A Texas
Home Rule municipal corporation, Grantee.
WITNESSETH:
For valuable consideration and the considerations hereinafter expressed, Grantor hereby
grants to Grantee, its successors and assigns, a right -of -way and easement to construct, maintain,
operate, tap into, repair, replace and/or remove One Sixteen inch (16 ") pipeline for the
transportation of effluent water in, on, under, through, and across lands owned by Grantor
situated in Corpus Christi, Nueces County, Texas, and acquired by deed dated February 22, 1974
recorded in Volume 1487 Page 242. Said right -of -way and easement consisting of a Twenty -
Two and a Half foot (225) wide permanent easement as described on "Exhibit A" and a map
showing the easement along with a Thirty -foot (30') wide temporary easement as depicted on the
drawing, attached hereto, marked as Exhibit "B" and made a part hereof.
As additional consideration for the rights herein granted, Grantee, by its acceptance hereof,
agrees to be bound by the following terms and conditions.
1. Grantee will notify Grantor at least three days prior to construction activities taking
place on Grantor's land. Because of the close proximity of construction to our existing pole
structures, AEP personnel and equipment may be needed to protect the integrity of the structures.
If so needed, Grantee will be responsible to Grantor for the. labor and costs associated with this
work.
2. All work relating to said facilities shall be at Grantee's expense and Grantee shall,
after construction, maintenance, repair, replacement or removal of said facilities, restore the
affected area to the grade and condition existing prior to such activity and in a manner
satisfactory to Grantor. Grantee shall bury its facilities so as to maintain a minimum cover of
thirty -six inches (36 ").
3. Grantee agrees to maintain a minimum distance of twelve (12) feet from any tower
leg, pole, foundation, guy anchor or other facilities and associated equipment located on the
property.
4. Grantee acknowledges that the easement is located in close proximity to high voltage
electric facilities. The Grantor shall not be liable for any ground faults, induced voltage, current,
or any electrical interference whatsoever that may be imposed, or that would affect the Grantee's
facilities as constructed and maintained in the easement areas herein granted. If any of the above
described events or other events caused by the Grantor's facilities occur, any remedy to eliminate
the event shall be at the sole cost of Grantee.
201.3 -050
2113113
1
ILEP Texas Central Company
iNDEXEL
A. Grantor excepts and reserves, for itself, its successors and assigns, the right to
use, operate, maintain, repair, replace, renew, upgrade, install, or remove, all existing electric
lines, access roads, and all other facilities now existing or hereafter installed on the above
described Premises.
B. All work shall be conducted in accordance with applicable OSHA safety
regulations, and in such manner as to avoid contact with energized high voltage overhead electric
lines present on said Premises.
C. Grantor's towers, structures, conductors and other facilities shall not be
disturbed. Access to Grantor's electrical facilities shall be maintained and available at all times.
D. No drilling or trenching shall be conducted directly beneath the electric lines or
immediately adjacent to towers or other structures without the consent of Grantor.
lines.
E. No equipment shall be refueled while under, or in the vicinity of the electric
5. No work done by Grantee in connection with the construction, operation,
maintenance, replacement, repairing and removal of said facilities shall disturb or damage the
property, fences, gates, drains, ditches, and Grantor's property markers; and in the event it does,
Grantee shall immediately notify Grantor and shall reimburse Grantor for its expense incurred in
repairing or replacing said property, fences, gates, drains, ditches and property markers. In
addition, Grantee shall reimburse Grantor for all damages to crops and timber and to any other
property owned by the Grantor.
b. Grantor shall have the right to use, occupy and enjoy the above described premises for
any and all purposes not inconsistent with rights herein expressly granted to Grantee.
7. This easement and the rights herein granted may be terminated by declaration of
Grantor for nonuse for a period of one year or for abandonment. Upon such termination, Grantee
shall, at its sole expense and within such reasonable time as Grantor may indicate, remove said
facilities and restore the premises to a condition satisfactory to Grantor. In the event Grantee
should fail to remove said facilities and make said restoration, Grantor shall have the right to
remove it and perform the restoration work, and Grantee shall reimburse Grantor for its expense
as incurred in so doing and in no event shall Grantee have any claim for damage against Grantor,
its officers, agents, successors or assigns on account of said removal. Grantee, upon request by
Grantor, shall execute and deliver to Grantor an appropriate recordable instrument evidencing
such termination.
S. Grantee shall at all times maintain said facilities in a thoroughly safe operating
condition, and shall at any time upon'the written request of Grantor promptly repair said facilities
in such manner as shall be satisfactory to Grantor.
9. To the extent permitted by law, Grantee agrees to indemnify, hold harmless, and
defend Grantor from and against any and all actions or causes of action, claims, demands,
2
liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys' fees,
which Grantor may suffer or incur by reason of bodily injury, including death, to any person or
persons, or by reason of damage to or destruction of any property, including the loss of use
thereof, arising out of or in any manner connected with the exercise of the rights herein granted,
or which Grantor may sustain or incur in connection with any litigation, investigation, or other
expenditures incident thereto, including any suit instituted to enforce the obligation of this
agreement of indemnity, due in whole or in part to any act, omission, or negligence of Grantee or
any of its representatives or employees. In the event the injuries, including death, or damages are
due to the sole negligence of Grantor or its representatives or employees, then and only then the
Grantee shall not be liable under the provisions -of this paragraph.
10. INSURANCE
A. Coverage. Grantee agrees to obtain comprehensive general liability insurance,
covering bodily injury, death and property damage, at its expense, naming Grantor as an
additional insured, which shall be in an amount not less than $1,0.00,000 for bodily injury,
including death, to any one person; not less than $2,000,000 for bodily injury, including death, to
more than one person in the same accident or occurrence; not less than $1,000,000 for damage to
or destruction of property, including the loss of use thereof, in any one occurrence; and an
aggregate limit not less than $2,000,000. The insurance shall include comprehensive public
liability insurance, covering bodily injury, and death.
Grantee shall, at all times during the term of this easement, maintain workers'
compensation insurance to comply with the applicable laws of the State of Texas.
B. Insurance Certificate. Grantee shall, prior to the commencement of the
term of this Easement and at such other times as Grantor shall request, furnish to Grantor a
certificate from Grantee's insurance carrier acceptable to Grantor, that a policy of insurance has
been issued by it to Grantee providing for indemnity insurance and that such policy is in force.
Such certificate shall state that the insurance carrier will give Grantor fifteen. (15)- days prior
written notice of any cancellation of or material change in such policy. If the certificate recites
that it is subject to any exceptions contained in the policy of insurance, such exceptions shall be
stated in full in said certificate and Grantor may, in its discretion, require Grantee, before this
Easement shall become effective, to obtain a policy of insurance which is not subject to any
exceptions which Grantor finds objectionable.
This easement is granted subject to all existing outstanding rights, including but not limited
to, leases, easements, exceptions, reservations, covenants, conditions, highways, uses, liens, and
encumbrances of record affecting the above described land which are now in force and effect, if
any, and to any state of facts an examination of the premises or an accurate survey would
disclose.
This indenture shall be binding upon and inure to the benefit of the parties hereto, their
respective successors and assigns.
3
DATED this .J `I day of .3 2013.
CITY OF CORPUS CHRISTI
By:
Daniel Biles, P.E., Director
Department of Engineering Services
AEP TEXAS CENTRAL COMPANY
By:
Dean A. Berry
Manager, Real Estate Asset Management
American Electric Power Service Corporation
Authorized Signer
STATE OF OHIO
COUNTY OF FRANKLIN
The foregoing instrument was acknowledged before me this W day of __444,�j ,
2013, by Dean A. Berry, Manager, Real Estate Asset Management, American Electric Power
Service Corporation, as Authorized Signer for AEP Texas Central Company, a Texas corporation
on behalf of the corporation.
Joyce H. l.eachman
Notary Public for the
State of Ohio
commission ex
;MY pines 8/1/2015
� 15 e Pe W
Notary ublic
My commission expires:
STATE OF TEXAS
COUNTY OF NUECES
The foregoing instrument was acknowledged before me this j day of V�ebYVex ,
2013, by Daniel Biles, P.E., as Director of Engineering Services of the City of Corpus Christi,
a Texas municipal corporation, on behalf of said corporation.
76PPrcveq q a {. -q .---
Notary Public
My commission expires:
ForCk
AfthW
MARTHA SILVIA QUIROZ
MY COMMISSION EXPIRES
ALIOW 4, 2013
This instrument was prepared by Kenneth E. McDonough, Assistant General Counsel -Real
Estate, American Electric Power Service Corporation, 1 Riverside Plaza, Columbus, Ohio 43215
for and on behalf of AEP Texas Central Company.
4
R ��� Jab be 19,20 1
October 1 S, 2011
ENGINEERING Revised' N ovember 2, 2 011
STATE OF TEXAS EXHIBIT IPA"
COUNTY OF NUECES
Fieldnotes for a 22.50 foot wide utility easement out of Lot 10, Section 19, Flour Bluff and Encioai Farm and Garden
Tracts, a map of which is recorded in Volume 'A, Pages 41 dun 43, Map Records of Nueces County, Texas and also tieing out
of that certain 4.519 acre tract in the name Central Power andtight Company; said 4.519 acre tract is out of Lots 9 and 10,
Section 19, said Flow Bluff and Encinal Farm and Garden Tracts; said easement being more fully described as follows:
Beginning at a point (no monumentation found or set) on the southeast boundary of a City of Corpus Christi drainage
easement right -of -way for the north: comer of Lot 1, Block 3, Windsong Unit 2, a map of which is recorded in Vohune 58,
Pages 169 and171, Map Records ofNueces County, Texas and for the south corner of this easement and from which Point of
Beginning a National Geodetic Survey monument stamped "SQ-090" bears Soutar 78 °01'33" West 5,254.01 feet and another
National Geodetic Survey monument stamped "SR -090" bears South 36 ° 31'46" West 11,730.14 fict;
Thence, North 61'35'03" West, with the northwesterly projection of the common boundary of said Windong Unit 2
and said 4.519 acre tract, same being the southwest boundary ofthis easement, a distance of 22.50 feet to the southeast
boundary of an existing 37.50 foot wide City of Corpus Christi drainage easement: for the west corner (no monumentati
found or set) of this easement;
Thence, North 28 °22'27" East, with the northwest boundary of this casement, same being the southeast boundary of
said existing 37.50 foot wide City of Corpus Christi drainage easement; a distance of 338.25 feet for to the common boundary
of said 4.519 acre tract and of a 19.307 acre tract out of the south one -half of Lots 7 and 8, Section 19, said Flour Bluff and
Encinal Farm and Garden. Tracts (said 19.307 acre tract recorded in Document No. 2007044317, Deed Records ofNueces
County, Texas) for the north corner (no monumentation found or set) of this easement
Thence, South 61 °31'38" East, with the northeast boundary of this easement= same being the above mentioned
common boundary line of said 4519 acre tract and said 19.307 acre tract; a distance of 22.50 feet for the east corner (no
monumentation found or set) of this easement;
Thence, South 28°22'27" West, with the southeast boundary of this easement, a distance of 338.23 feet to the Point of
Beginning and containing 7,610.362 square feet (0.175 acres) of land.
Description prepared from previous surveys and a current on the ground survey. No monulment ota was found or set
at comers unless otherwise noted. Bearings based on GPS bearings, NAD83, Texas South Zone- Nadonal Geodesic Survey
monnunents "SQ-U90" (North coordinate = 17,137,240.0980 last coordinate = 1,350,222.1730) and "SR- 090" (North
coordinate = 17,128,904.3860 East coordinate = 1,348, 379. 6700) were used as control points for establishing basis of bearing.
Coordinates shown arc based on Texas State Plane Coordinate System, South Zone (NAD83).
' this f0drtotes description, including preamble, seal and signature, wears is its entirety, in its original form,
surveyor assumes no responsibility for its accuracy.
URBAN ENGTNEERTNG
]ran . Salazar, R.P.L -S-
License No. 4909
1lUrban%01\ ma\Su veying 1378991B0oIWM7899B0(11 - 4_doc Pa�c 1 of 1
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001
www.urbaneng.com
TBPE Firm #145
L,Otu1kw Acm
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02/13/2013 3 :071"M
Official Records of
NUEssES COUNTY
DIANA T. DARRERA
COUNTY CLERK
Fees $39.00
L/
City of Corpus Christi
Dept. of Engineering Services
Property and Land Acquisition
P. O. Box 9277
Corpus Christi, TX 78469 -9277
An:j Provision herein which restricts the Sales
Rental or use of the described
REAL PROPERTY because of Racay Color?
Religions Sex? Handicapp Familial Statusp or
Hational Origin is invalid end unenforceable
under FEDERAL LAWP 3,12/89.
STATE OF TEXAS
COUNTY OF NUECES
I h erebg certifq that this instrument was FILED
in file number sequence on the date and at the
time stamped herein b�i mep and was dull RECORDED
in the Offic Public Records of
Kueces Counter Texas
Diana T. Barrera