HomeMy WebLinkAboutC2013-347 - 9/17/2013 - ApprovedREVOCABLE EASEMENT
(TexStar Midstream Utilitily, LP, Tract TX -NUE- 092.00)
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box
9277, Corpus Christi, Nueces County, Texas, 78469 -9277, ( "Grantor ") acting by its duly
authorized City Manager, or designee, ( "City Manager ") in consideration of the sum of Ten
=Dollars ($10.00) to it in hand paid by TexStar Midstream Utility, LP, whose address is
18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, ( "Grantee "), the
receipt of which is acknowledged, and the further consideration of "Grantee" complying
with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System
Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance,
Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND
CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the
conditions hereinafter stated unto the said TexStar Midstream Utility, LP, the right to
relocate, install, operate, repair, replace, and maintain one refined products pipeline, not to
exceed twelve (12) inches in nominal diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form,
across, under and upon the land owned by Grantor described on the attached Exhibit A
and shown on the attached Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as shown on the attached and
incorporated Exhibit "A and B ", for the purpose of relocating, installing, operating, repairing,
replacing, and maintaining said Improvements under the following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home -rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or his designee.
d) Director means City's Director of Engineering Services or his designee.
e) Risk Manager means City's Director of Risk Management or his
designee.
f) City Attorney means City's City Attorney or his designee.
2013 -347
9/17/13
Ord. 029956
TexStar Midstream Utility LP
/4o
INDEXED
g) Grantee means TexStar Midstream Utility, LP.
h) Improvements means one refined products pipeline, not to exceed twelve
(12) inches in nominal diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection,
pigging facilities, test leads, and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace, repair,
or remove the Improvements.
j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing
the locations where the Improvements enter or cross City property.
k) City Utilities means the City's Water, Wastewater, Storm Water and Gas
divisions.
1) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities representative
that needs to be notified (1) prior to routine construction or repair work or (2)
prior to or concurrently with emergency repair work. During routine
relocation, installation, operation, repair, replacement, and maintenance work
the Utilities Representative will be the appropriate Water, Wastewater, Storm
Water or Gas division foreman on duty. The City has Water, Wastewater,
and Gas crews on duty or on -call 24 hours a day, 365 days a year. The
Water Representative, the Wastewater Representative, the Gas
Representative, and the Drainage Representative is the respective name for
each division's authorized representative as set out above, and collectively
called the Utilities Representative.
n) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2 -feet of the
proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative, the
AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
o) City Inspector means that person acting on behalf of a City Utility or the
City Street Department inspecting the relocation, installation, operation,
repair, replacement, and maintenance of the Improvements.
Revocable Easement
TexStar Midstream Utility, LP
2 of W i5
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced, and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair, or
replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 - Transportation of Liquids
by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to, City
Ordinance No. 021776, approved on October 20, 1993, which provides for emergency
response coordination for pipelines transporting hazardous substances, liquids, and gases,
including information reporting requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline will
be any shallower than 36- inches from existing ground or roadway pavement. Grantee will
also maintain a minimum of twelve (12') feet clearance between Grantee's pipeline and any
City water transmission pipelines. Grantee must notify the Texas One -Call at 1- 800 -245-
4545, 1- 800 - DIG -TESS, and Southwestern Bell 1- 800 - 828 -5127 for utility locations in the
Revocable Easement Area at least 48 hours prior to the start of construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements, Grantee must provide protection at all road crossings or ditches, by either
casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the
Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the
method on the construction plans.
Grantee will maintain a minimum clearance of ten (10') feet between Grantee's
pipeline and Grantor's concrete lined drainage channel located on Grantee's
construction drawing, Sheet 4p , Station 21"0 .
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
through its City Manager, and Grantee may be required to remove the Improvements upon
60 days notice in writing. If Grantee is in violation of Department of Transportation or
Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given
written notice of the violation and 30 days from receipt of such notice to commence to cure
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 3 of-W 5
the stated violations, within the overall 60 day period. If after the 30 day cure period has
expired and Grantee has not cured the violations, this Revocable Easement may be
revoked and Grantee may be required to remove the Improvements upon 30 days notice in
writing: provided however that if Grantee has commenced to cure the stated violation but
has not completed same with the 30 day cure period, Grantee may proceed to cure such
violation and this Revocable Easement shall not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right -of -way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right -of -way.
9. Assignability. This Revocable Easement, and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to any
person, firm, corporation, partnership, or other entity, with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment
must provide that the assignee unconditionally assumes all the duties and obligations of
assignor upon the same terms and conditions as set out in this Revocable Easement,
which assumption of duties and obligations is partial consideration for Grantor's consent to
the assignment.
10. Construction Drawings & As- Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to the
centerline of the Revocable Easement Area. Any centerline improvements will also be tied
to the existing utility centerlines. The Grantee must provide the Director with a complete
depth profile, distance, and location of its Improvements from existing City utilities, other
franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The
Grantee is advised that centerline of proposed Improvements must have a minimum
centerline to centerline horizontal distance as shown in the table below:
Water
- 60"
TimeWarner
- 12"
KMC -12"
Wastewater
- 18"
SWB
-12"
ICG -12"
Gas
-1811
AEP (CPL)
-12"
Grande (ClearSource) -12'
Storm Water
- 18"
ESPIRE
-1211
Caprock - 12'
The Grantee must provide the Director with a 24 "x36" size reproducible set of as -built
drawings of the Improvements within 60 days after completion of construction; failure to do
so may result in Grantee's Revocable Easement being forfeited by the City.
11. Insurance. The Grantee must not commence work under this Agreement
until it and its Contractor have obtained through self insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 4 of A,4' i$
of required insurance coverage is specified in the attached and incorporated Exhibit "C ".
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed the Grantee must have and maintain
Commercial General Liability Insurance through self insurance or insurance policies for the
entire duration of this Revocable Easement and for so long as Grantee's Improvements are
located in or upon property of the Grantor. This provision shall survive termination or
expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity agreement in this Agreement. Such policies of insurance must include the City
as an additional insured with respect to any liability arising out of the Grantee's and its
Contractor's use or maintenance of the Improvements in the Revocable Easement Area.
The insurance policies specified must include an endorsement stating that the insurance
company(ies) must give the Director 30 days written notice by certified mail, before any
policy covered thereby is canceled, not renewed, or materially changed. Copies of all
insurance policies from Grantee and Contractor must be provided to City Attorney within 30
days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
incident - relating to the Improvements or Grantee's operations hereunder - occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes is
confidential or proprietary. If City is requested to provide all or part of Grantee's insurance
policies to third parties, City will timely forward the records to the Attorney General for a
determination whether the records are "Open Records" under the Texas Open Records
Act. City will contemporaneously notify Grantee of the open records request so that
Grantee may participate in any available procedures and take steps it believes necessary
to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its
officers, employees and agents ( "Indemnitees ") against any and all liability, damage,
loss claims, demands, and actions of any nature whatsoever on account of personal
injuries (including without limitation, workers; compensation and death claims), or
property loss or damage of any kind, or any other kind of damage which arise or are
claimed to arise out of or in connection with the Grantee's or Grantee officers',
agents', and employees' ( "Grantee's Agents "') negligent acts or omissions or acts of
intentional or willful misconduct in their respective installing or marking of the
Improvements or other construction, operation, maintenance, repair, control, or use
of the Improvements or the Revocable Easement Area, including but not limited to,
those damages arising out of Indemnitees' intentional or negligent acts in cutting or
causing to be cut the Improvements during installation, repair, replacement,
maintenance, or operation of City utilities located in or adjacent to the Revocable
Easement Area; and including but not limited to those damages arising out of the
Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 5 of.$M j6
be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable
Easement Area. This provision shall continue so long as Grantee's Improvements
are located on City property.
13. Repairs to City's Improvements or Franchisees' Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation, repair,
relocation, replacement or maintenance of the Improvements causes to a City street,
sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were in
place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate
city operations or protect the public safety. Upon notice from the Director, Grantee
shall promptly remove the specified abandoned Improvement. If a Grantee
abandons Improvements, the Grantee remains responsible for the safe condition of
the Improvements after the pipe is abandoned, The City will not assume ownership
or control over the abandoned Improvements, and the City assumes no responsibility
for their maintenance and safety, unless the City in writing accepts a particular
facility. Subsection 49 -97(e) of the City Code of Ordinances continues to apply to
any pipe, facilities and appurtenances not removed by Grantee after abandonment.
If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore
the City property, at the sole cost of the Grantee, under subsection 49 -97(c) of the
City Code of Ordinances.
15. General Conditions.
a) Recordation. City will file the Revocable Easement at the Nueces
County Courthouse and Grantee will reimburse City for the recording fees.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or nearthe
Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
Contractor must notify the Utility Representatives at.
Water Representative -361 - 857 -1888 (880 -3140, after hours)
Wastewater Representative - 361 - 857 -1818 (880 -3140, after hours)
Gas Representative -361 - 885 -6900 (885 -4396, after hours)
Street Superintendent -361 - 857 -1940 (886 -2600, after hours)
Storm Water Superintendent - 361 - 857 -1881 (880 -3140, after hours)
Traffic Signal & Fiber Optic - 361 - 857 -1940 (886 -7452, after hours)
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 6 of a4- /S
Texas One Call - 361 - 1- 800 - 245 -4545
1- 800 - DIG -TESS - 361 - 1- 800 - 344 -8377
and the Franchisee's Representative(s) at.
SWBT - 361 - 881 -2511 (1- 800 - 824 -4424, after hours)
AEP (CP &L) - 361 - 299 -4833 (693 -9444, after hours)
Time Warner - 361 - 857 -5000 (857 -5060, after hours)
Grande (ClearSource)
- 361 - 814 -1500 (334 -3000, after hours)
Espire (Fiber Optic)
- 880 -5934 (pager, 850 -2652, after hours)
KMC (Fiber Optic)
- 504 - 733 -3900 (pager, 1- 800 - 676 -9407)
ICG (Fiber Optic)
- 361 - 561 -3204 (361- 774 -3889, after hours)
Caprock (Fiber Optic)
- 972 - 702 -7924
to verify depths, locations, and time of beginning construction or repair
work.
The Utility Representatives, the Street Superintendent, and the Franchisee's
Representatives may have a representative present during Grantee's
construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or repair
work, and by 9 a.m. the next work day for emergency repairs, the Grantee
will apply to the Director or his designee for a permit before disturbing part of
the Revocable Easement Area. Grantee must perform the work in
accordance with the permit and all applicable federal, state, and local laws
and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must be
backfilled as soon as possible, the backfill properly compacted, the surface
restored, and the work all done in a neat and workmanlike manner. No bore
pits may be left open longer than 14 calendar days regardless of location.
Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipeline crossing the Revocable Easement Area will
be dry or slick bored. Wet or slick bore may be approved by the Director
if the Grantee will provide the Director or "Designee" sufficient and
satisfactory soil analysis information to support the wet bore.
ii) Open -Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub -base, and replace with new concrete
or asphalt. The pavement repair must consist of 5- inches of compacted
Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3-
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
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inches and 2- inches or two lifts of 2.5- inches. The HMAC pavement must
extend over the existing base for a width of 12- inches on either side of
trench cut. Subgrade will be trenched with some prime coat MC -70 at
0.15 gal. /sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement per
cubic yard of sand in street right -of -way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline, such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand, with a minimum of 8- inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to verify
its depth or location. If the proposed Improvements cross an existing
transmission main (16" diameter and above), the Contractor will uncover the
main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on -site during excavation. This excavation will occur
24 hours prior to start of construction of that portion of the Improvements that
intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3 -foot vertical separation; however Grantee must maintain a twelve (12) foot
vertical and 5 -foot horizontal separation around all water transmission mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City constructions standards, including City Water
Distribution System Standards, paragraph 14(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be immediately
allowed access to the Revocable Easement Area to make all repairs. All
City's costs (labor and equipment) associated with the Waterline repairs will
be paid by the Grantee within 30 days after City sends Grantee an invoice.
The Water Representative will determine the extent of damage to the
Waterline and the type of repair necessary.
If Contractor's work on the Improvements damages a City Utility line and soil
or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area, including without limitation work around any existing Water
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 8 of _W /j
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $301.31 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half -day - 4 or more hours of work - constitutes a whole
working day for purposes of calculation. Any time in excess of 8 hours a
day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be on
file with the Director.
t) Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work day,
in all drainage ditches impacted by the construction, maintenance, repair,
replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing, operating, repairing, and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipments and materials. Grantee may not store or leave overnight
any equipment or material in City property. Grantee's equipment or stock pile
of material on private property, or on City right -of -way during the day, must
not obstruct the vision of vehicles or pedestrians for 500 feet either direction
from a street intersection or driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right -of -way and on City property, the
Director may specify the extent and methods of tree removal, tree trimming,
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 9 of.44- 1!
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will use
due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required, the number, location, and frequency of testing. All testing is at the
Contractor's expense.
k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
1) Guarantee. Grantee's workmanship and materials must comply with all
applicable City Standards and all work must be guaranteed by the Grantee
for a one -year period from the date Grantee provides the reproducible, as-
built drawing required by Section 10, to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal, state, and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee, are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right -of -ways for public purposes, and any drainage right -of -way for State, County,
for City purposes.
17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the
sale or distribution of natural gas to consumers, whether industrial, commercial or
residential, except AEP (Central Power & Light Company), which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time. It
is expressly provided that, as used in this paragraph, the sale of "natural gas" does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro - chemical industry.
It is mutually understood and agreed that this Agreement, as written, covers
all covenants, agreements, and stipulations between the parties and that no
representations or statements, written or oral, have been made modifying, adding to, or
changing the terms hereof, and that any party securing this conveyance on behalf of
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 10 of W 16
Grantee is without authority to make representation, stipulation, covenant or agreement not
herein expressed.
Executed in duplicate this the oZ-Cf day of S e {� e , 2013
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 11 of W /S
GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
B'
City Secretary -Ron L. Olson, City Manac r
APPROVED S TO LEGAL FORM:
day of rl-� -- , 2013
� _ AU � tiuKlcu
By: nT Ct�tfMCIL v1 3
Assistant City Attorney --
4Ef;R�TAe�
THE STATE OF TEXAS §
COUNTY OF NUECES §
D-�- ,u59,,,1 -Wn'I'-
This m ument was acknowledged before me on , 2013, byRen-�
- eiso�ty Manager, of the City of Corpus Christi, a Texas municipal corporation, on
behalf of said corporation.
UE TAMEZ LERMA
:.0.- -' **`- "•. MON I Q
Notary Public Not Publ State of Texa
STATE OF TEXAS
``•;sT;;•••••••` +Py;' My Comm. Exp. 01 23 -2017
•.., f OF tE.
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 12 ofd' /5
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the
day of !!W, T , 2013, by Gaylon E. Gray, as Vice President of
Engineering and Operations for TexStar Midstream II GP, LLC, general partner of
TexStar Midstream Utility, LP, a Texas limited partnership, on behalf of said partnership,
the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by
the Revocable Easement.
TexStar Midstream Utility, LP
By:
Name: Gaylon E. Gray
Title: Vice President of Engineering and Operations
THE STATE OF TEXAS §
COUNTY OF BN s(�)r_ §
This instrument was acknowledged before me this j9 day of 1 Z-12111/11
2013, by Gaylon E. Gray, as Vice President of Engineering and Operati s for TexStar
Midstream II GP, LLC, general partner of TexStar Midstream Utility, LP, a Texas limited
partnership who declared that they executed the same for the purposes therein stated
and with proper authority to do so.
JACQUALINE SHIELDS
1(s NOTARY PUBUC, STATE OF TEXAS MY COMMISSION EXPIRES
03.30.2015
Revocable Easement Agreement (Rev =d. 8/97)
TexStar Midstream Utility, LP
Page 13 of lk /$
. - . -
FS ff,
TEXSTAR MIDSTREAM SERVICES LP.
EXHIBIT "A"
NUECES COUNTY, TEXAS
50 FOOT HIDE EASEMENT DESCRIPTION
February 08, 2013
Sheet 2 of 2
DESCRIPTION: EASEMENT
A 50 foot wide easement, being twenty five -feet (25) left of and twenty five -feet (25) right of a surveyed
baseline as shown on Sheet I of 2 of this Exhibit "A ", being situated in the Gregorio Farias Survey,
Abstract No. 592, Nueces County, Texas, and out of a called 4.92 acre tract of land, described in a deed to
the City of Corpus Christi, recorded in Volume 1370, Page 27, Deed Records, Nueces County, Texas
(D.R.N.C.T), said 50 foot wide easement being more particularly described along a surveyed baseline by
centerline description as follows:
BEGINNING (B.O.L) on the Northeast line of said 4.92 acre tract and on the Southwest line of a called
13.%3 acre tract of land awarded to The City of Corpus Christi by Judgement, in Cause No. 71, styled
City of Corpus Christi vs. Clyde Jennings and Zelda Jennings, recorded in the Minutes of the County
Court of Nueces County Texas, from which a 5/8 -inch iron rod found for the South corner of said 13.963
acre tract, bears: South 55 °47'15" East, a distance of 89.98 feet;
THENCE South 02 °39'40" East, a distance of 248.27 feet to the Southwest line of said 4.92 acre tract,
and the most Westerly Northwest line of a called 18.87 acre tract of land ( less 0.98 acre), described in a
deed to Charles W. Bickham, recorded in Document # 1996017928, Official Public Records, Nueces
County, Texas (O.P.R.N.C.T.), for the END OF THIS DESCRIPTION, and POINT OF EXIT (P.O.E),
from which a 3/4 -inch iron pipe found for the South corner of said 4.92 acre tract, bears: South 56 °00'15"
East, a distance of 752.23 feet.
The above surveyed baseline traverses the said 4.92 acre tract for a total distance of 248.27 feet or
15.05 rods, and containing 0.28 acre of land in said easement.
All bearings and distances contained herein are grid, based upon the Texas State Plane Coordinate
System, South Zone, of the North American Datum 1983, in U.S. Survey Feet.
DESCRIPTION: TEMPORARY WORK SPACE:
A Temporary Work Space out of said 4.92 acre tract of land, located West of and adjoining the West line
of the previously described Easement as shown on Sheet 1 of 2, containing a total of 0.17 acre of land.
Plat of even date accompanies this field note description.
��e•OF •lF
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...:.....................
MARK D. BRYANT, SR.
.........................
• ° 4360
9 �FESS
Topographic Land Surveyors S U R
1400 Everman Parkway
Suite 197 Mark D. Bryant Sr.. .P.L.S. No. 4360
Fort Worth, TX 76140 February 08, 2013
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Doct 20175134171-3-21
3 Pages 16
1-19;."27/2f,13 9:47AN
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $75.00
Any Provision herein which restricts the Salee
Rental or use of the described
REAL. PROPERTY because of Racer Colorf
Religions Sext HandicaPr Familial Statusr or
National Origin is invalid and unenforceable
under FEDERAL LAW► 3/12/89.
STATE OF TEXAS
COUNTY OF NUEC.ES
I hereby certify that this
instrument was FILED
in t s le number sequence on
the date and tit. the
time stamped herein by me,
and was duly F:ECORDED
in the Off icial Pub 1i-_ Records of
Nueces Count9f Texas
Diana 1'. Barrera
ir?rlt e `
fJ
TY OF CORPUS CHRISTI
ENGINEERING SERVICES
1201 LEOPARD STREET
CORPUS CHRISTI, TEXAS 78401