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C2014-070 - 3/25/2014 - Approved
CONTRACT GOVERNING IMPROVEMENTS TO WEST DELIVERY SYSTEM AND THE TRANSMISSION OF COLORADO RIVER WATER This Contract ("Contract"), dated as of M CU( ZS , 201 y ("Effective Date"), is between the Lavaca-Navidad River Authority ("LNRA"), a conservation and reclamation district and political subdivision of the State of Texas, organized and operating under Article XVI, Section 59'of the Texas Constitution and the City of Corpus Christi, Texas ("City"), a Texas home-rule city. RECITALS 1. LNRA and the City entered into a Water Delivery and Conveyance Contract dated December 14, 1993 ("Delivery Contract"). Under the Delivery Contract, LNRA conveys 41,840 acre-feet/year of water from Lake Texana to the City from an intake structure, pipeline, and pumps ("West Delivery System") constructed by LNRA to a pipeline constructed by the City ("Mary Rhodes Phase I Pipeline"). On July 24, 2001, the City of Corpus Christi contracted with LNRA to receive up to 4,500 acre-feet of water per year on an interruptible basis. On July 22, 2003 the City amended its 2001 contract for interruptible water and contracted for an additional 7,500 acre-feet per year bringing the total interruptible volume to 12,000 acre-feet per year and the contracted total to 53,840 acre-feet per year. 2. The Mary Rhodes Phase I Pipeline was designed for the transport of additional water. 3. The Delivery Contract provides that the City and LNRA will endeavor in good faith to agree to terms for the future acquisition and transfer of water supplies acquired by the City to be conveyed to the Delivery Point. 2014-070 3/25/14 M2014-039 Lavaca-Navidad River Authority INDEXED 4. In 1998, the City finalized its purchase of 35,000 acre-feet/year from Garwood Irrigation Company by obtaining a water right authorizing the City to divert the water from the Colorado River ("Colorado River Water"). The water right restricts the transport of water to an enclosed pipeline which would preclude the Colorado River Water from entering Lake Texana, and requires moving water from a diversion site on the Colorado River via a pipeline ("Mary Rhodes Phase II Pipeline") to the West Delivery System for conveyance ("wheeling")to the Mary Rhodes Pipeline. 5. The City intends to construct the Mary Rhodes Phase II Pipeline and desires to enter into this agreement with LNRA to address the construction of facilities on LNRA property and the necessary improvements to the West Delivery System ("West Delivery System Improvements") to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. In consideration of the mutual covenants and agreements contained in this Contract, LNRA and the City agree as follows: I. DEFINITIONS 1.01 Definition of Terms. Unless otherwise defined in this Contract, or unless the context clearly requires otherwise, the following terms and phrases shall have the meanings indicated: "Authorized Representative" means either of the two persons at the time designated as such in a written certificate, containing a specimen signature of such person, which in the case of the City's representative is signed on behalf of the City by the City Manager and which is furnished to LNRA, and, in the case of LNRA's representative, is signed by the General Manager. 2 "First Butterfly Valve " means the butterfly valve immediately downstream of the Surge Tank (approximately 25 feet from the Surge Tank) to which the West Delivery Intake Extension will connect, shown as "BFV1" on Exhibit A "Completion Date" means the date the City declares the LNRA Facilities and the Mary Rhodes Phase II Pipeline to be complete, operational, and fully capable of diverting, transporting, and delivering Colorado River Water to the West Delivery System and delivering Colorado River Water and Texana Water simultaneously, or independently, to the Delivery Point. "Delivery Contract" means Water Delivery and Conveyance Contract dated December 14, 1993 between LNRA and the City. "Delivery Point" means the point where water is delivered to the City as defined in the Delivery Contract. n A� ,\ "Effective Date"means al` � 2 S , 201 "Mary Rhodes Phase I Pipeline" means the City's pipeline owned by the City, which begins at a point near Dry Creek, which is approximately 2000 feet from LNRA's West Delivery Intake Pump Station and extending to the 0. N. Stevens Water Treatment Plant near Corpus Christi, Texas. "Mary Rhodes Phase II Pipeline" means the City's pipeline from a diversion point on the Colorado River to a Surge Tank located on LNRA property. "Colorado River Water" means water transmitted through the Mary Rhodes Phase II Pipeline. "Colorado River Water Meter" means a metering device on Mary Rhodes Phase II Pipeline before the Surge Tank to measure volume of Colorado River Water that is to be passed through LNRA's West Delivery System. 3 "Lake Texana" means the lake and related facilities and real property located in Jackson County, Texas, owned and operated by LNRA. "LNRA Project Operating and Maintenance Expenses" shall have the meaning as defined in the Delivery Contract. "LNRA Facilities" means facilities owned by LNRA including the West Delivery System and the West Delivery System Intake Extension to be conveyed to LNRA in accordance with Section 2.06. "Management Fee" means an administrative fee assessed by LNRA for the usage of LNRA's facilities in conjunction with the transport of Colorado River Water for the benefit of the City. This fee only applies to the volume of Colorado River Water actually wheeled through the West Delivery System and delivered to the City at the Delivery Point. The volume to be used in calculating the fee will be the City's Colorado River Water Meter reading less nineteen acre-feet, which is the estimated volume of Colorado River Water that passed through the Colorado River Water Meter yet remains in storage. The use of funds derived from this fee may be used for LNRA for any lawful purpose. "Plans and Specifications" means the plans and specifications prepared for the improvements to be made to LNRA Facilities by the Project Engineer, as the same may be revised from time-to- time in accordance with this Contract. "Project Engineer" means the engineering firm of Freese & Nichols, Inc. (FNI) and any other firms as may be designated by the City and approved by LNRA that is responsible for the design and construction oversight of any improvements to be incorporated on or made to LNRA Facilities. 4 "Service Commencement Date" means the date on which LNRA's obligation to transport and deliver Colorado River Water under this Contract begins as described in Section 3.01. "Easement Agreement" means the easement agreement attached hereto and incorporated herein as Exhibit B, allowing City and/or its contractor ingress and egress on LNRA property to construct, operate and maintain City-owned facilities located on LNRA property. "Surge Tank" means a six (6) million gallon concrete tank to be constructed on LNRA property in which Colorado River Water is discharged for temporary storage and equalization before gravity flow through the West Delivery System Intake Extension to the West Delivery System. "Texana Water" means the water delivered to the City under the Delivery Contract dated December 14, 1993 and the Interruptible Water Supply Contract dated July 24, 2001 and as amended July 22, 2003 between LNRA and the City. "West Delivery System" means the intake structure, pipeline, pumps, metering and related facilities on LNRA property financed and constructed by LNRA as part of the original construction of Mary Rhodes Phase I Pipeline. "West Delivery System Improvements" means the modifications to the West Delivery System which are necessary to accept Colorado River Water and deliver Colorado River Water and/or Colorado River Water comingled with Texana Water to the Delivery Point as listed on Exhibit C. "West Delivery System Intake Extension" means the gravity-feed portion of pipe necessary to connect the West Delivery System's existing intake structure to the Surge Tank and the Mary Rhodes Phase II Pipeline, more specifically delineated from the downstream side of the First Butterfly Valve immediately downstream of the Surge Tank (approximately 25 feet from Surge Tank to which the West Delivery System Intake Extension will connect.) The West Delivery System Intake Extension also includes a tie-in vault with 54-inch x 72-inch tee, a 54-inch 5 butterfly valve, and a 72-inch butterfly valve, (shown as "BFV 2" on Exhibit A) on existing Lake Texana intake pipeline. See Exhibit A. The West Delivery System Intake Extension will be constructed by the City, operated by LNRA, and conveyed to LNRA as provided in Section 2.06. 1.02 Interpretation. Terms used in this Contract with initial letters capitalized and not otherwise defined in this Contract have the meanings assigned to them in Section 1.01. The table of contents and caption headings of this Contract are for reference only and shall not affect its interpretation in any respect. Except where the context otherwise requires, words impacting the singular number shall include the plural number and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party or governmental regulatory agency means the entity and its successors and assigns. This Contract and all terms and provisions, including exhibits, shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Contract. II. IMPROVEMENTS TO WEST DELIVERY SYSTEM AND CONSTRUCTION OF TRANSMISSION LINE AND SURGE TANK LOCATED ON LNRA PROPERTY 2.01 General. Under this agreement, the West Delivery System will be used for receiving Colorado River Water from the Mary Rhodes Phase II Pipeline, and for transmission, independently or commingled with water from Lake Texana ("Texana Water"), to the Delivery Point specified in the Delivery Contract. The City will manage, design, construct, expand, extend, enlarge, and improve the West Delivery System to accommodate the receipt and transmission of the Colorado River Water. LNRA will continue to own and operate the West Delivery System. After Colorado River Water enters LNRA Property, Colorado River Water will pass through the Colorado River Water Meter, feed into a Surge Tank located on LNRA 6 Property and then gravity flow through the West Delivery System Intake Extension to the West Delivery System whereby it will be re-lifted into the Mary Rhodes Phase I Pipeline. The City will construct West Delivery System Improvements on LNRA property. Exhibit A is a drawing that depicts the location of the LNRA Facilities and the West Delivery System Improvements on LNRA property. Upon conveyance by the City as provided herein in Section 2.06, LNRA shall own West Delivery System Intake Extension. 2.02 Design and Construction by the City. a. The City shall be responsible for the construction of the West Delivery System Improvements. The City agrees to be responsible for all costs of design, engineering, contracting, construction, and inspection of the West Delivery System Improvements. b. The City agrees to engage or cause to be engaged the services of a Project Engineer registered in Texas to provide the engineering design, including detailed Plans and Specifications for the West Delivery System Improvements. The Plans and Specifications will include the sizing, routing, material selection, service method, cost estimates, proposed construction schedule, easements, and such other and further information as deemed reasonably necessary or advisable for proper review and assessment of the plans and specifications. The design for the West Delivery System Improvements shall be procured at the City's sole expense and will be submitted to LNRA for review prior to construction. c. All Plans and Specifications for the West Delivery System Improvements and that portion of the Mary Rhodes Phase II Pipeline located on LNRA property and adjacent to the Palmetto Bend Dam will be subject to the review of LNRA prior to commencement of construction. LNRA will provide written comments to the City specifying in detail the suggested changes, if any, to the Plans and Specifications for the West Delivery System 7 Improvements. From the date the Plans and Specifications are submitted to LNRA by the City, LNRA has thirty (30) days to review the Plans and Specifications and provide any written comments. The City will provide LNRA with a written explanation of its treatment of LNRA's suggestions and comments. d. If, after review of Plans and Specifications by LNRA, the City fails to enter a construction contract for facilities within two years, the City must resubmit the Plans and Specifications for review by LNRA to assure their conformity with sound engineering practices. 2.03 Notification of Commencement of Construction of West Delivery System Improvements. After all required approvals for construction of the West Delivery System Improvements are obtained but prior to commencement of construction, City will provide, or cause to be provided, written notice to LNRA of the date on which construction of the West Delivery System Improvements is scheduled to commence. LNRA must receive this written notice at least thirty (30) days before the scheduled construction date. 2.04 Inspection and Acceptance of Completion of Construction of a Portion or all of the West Delivery System Improvements. The Parties agree that LNRA has the right to make periodic inspections during the construction phase of the West Delivery System Improvements. The City shall notify LNRA at least five (5) days prior to acceptance of the completion of West Delivery System Improvements, and City's acceptance of the completion of West Delivery System Improvements shall be subject to final inspection by LNRA. 2.05 Agreement to Submit As-Built or Record Drawings. The City agrees to provide, or cause to be provided, to LNRA as-built or record drawings of all West Delivery System Improvements within 30 days of City accepting them, not to exceed six (6) months following completion and acceptance of the construction of such facilities. 8 2.06 Ownership and Operation of West Delivery System Intake Extension. Except as otherwise agreed upon by City and LNRA, LNRA shall own, control and operate, the West Delivery System Intake Extension upon the Completion Date. Ownership and possession of the West Delivery System Intake Extension s shall be conveyed, free and clear of any liens, claims, encumbrances, or charges, to LNRA. All documents of conveyance shall be in a form substantially similar to the Bill of Sale and Conveyance of West Delivery System Intake Extension provided in Exhibit D. 2.07 Easement. LNRA will authorize under a separate Easement Agreement, in a form substantially similar to the easement agreement provided in Exhibit B, ingress and egress by the City and/or City's contractors on lands owned by LNRA to construct the West Delivery System Improvements. The consideration for the easement conveyed by LNRA under this agreement is the conveyance of the West Delivery System Intake Extension by the City to LNRA in accordance with Section 2.06. 2.08 Permits and Approvals. The City shall obtain all permits and approvals required for the construction of the West Delivery System Improvements. If permits and approvals are required, LNRA shall obtain all permits and approvals required for the operation of the LNRA Facilities. If, by virtue of regulatory, legal, financial, or other requirements, it is necessary or appropriate that any permit or approval should be held jointly, LNRA and the City agree to fully cooperate with each other in efforts to obtain, hold, and comply with such permits or approvals. III. SERVICE TO CORPUS CHRISTI 3.01 Wheeling City's Water. LNRA agrees to wheel Colorado River Water under the terms of this Contract via the LNRA Facilities for delivery at the Delivery Point, whereupon the City 9 will take control of the Colorado River Water. This Contract is for the wheeling of water delivered to LNRA by the City. It shall be the responsibility of the City to maintain and keep in force the right to divert the Colorado River Water and the City acknowledges that LNRA has no responsibility thereof. LNRA's obligations under this Contract are subject to the City's delivery of water to LNRA. LNRA's obligation to wheel Colorado River Water under this Contract shall begin on the Service Commencement Date, which shall occur on or before thirty (30) days after the Completion Date. 3.02 Amount Subject to Delivery. Unless otherwise agreed by the Parties in writing, the amount of Colorado River Water transported through the West Delivery System under this Contract shall not exceed 35,000 acre-feet/year. 3.03 Measurement of Water. The City shall install as a part of, and located on the Mary Rhodes Phase II Pipeline upstream of the Surge Tank, metering facilities and equipment ("Colorado River Water Meter"), including associated telemetry and remote control equipment, to measure and record the quantity of Colorado River Water transported for the City by LNRA. The design for such metering facilities and specifications for equipment to be installed by the City shall be submitted to LNRA for review prior to design finalization. The City shall be the owner of such metering facilities and metering equipment installed by the City, as required by this section of the Contract. a. The City, being the owner of the metering facilities, shall be responsible for the operation and maintenance of the metering facilities. 3.04 Quality of Water. LNRA makes no representation or warranty, expressed or implied, as to the character, quality or availability of the Colorado River Water transported and delivered to the City under this Contract. 10 3.05 No Water Sale Agreement. The Parties acknowledge and agree that this Contract is an agreement for services and does not constitute an agreement regarding the sale or purchase of water. Neither does this contract amend or alter the Delivery Contract. The Parties agree that the Texas Commission on Environmental Quality has no jurisdiction to set rates under this Contract. The Contract may be enforced, however, in a court of competent jurisdiction. 3.06 No Discharge into Lake Texana. Nothing in this Contract may be construed to give the City the right to discharge Colorado River Water into Lake Texana. IV. RATES AND CHARGES 4.01 Payments by the City. Upon the Service Commencement Date, the City shall pay monthly for services provided under this Contract at rates established from time to time by the Board of Directors of LNRA. LNRA's rates shall be based upon recovery of the following costs: 1. The portion of the LNRA Project Operating and Maintenance Expenses (as defined in the Delivery Contract) attributable to operating and maintaining the West Delivery System for wheeling Colorado River Water and; 2. Management Fee. The Management Fee is $2.00 per acre-feet and shall be calculated on a monthly basis. 4.02 Budgets. All costs to be paid by the City pursuant to Section 4.01 for the services provided under this Contract shall be based upon actual expenditures by LNRA established by the budget methodology under Section 4.04 of the terms of the Delivery Contract. In the event of any dispute over rates, the Parties may enforce their contractual rights in court. 11 4.03 Obligation of the City. The Parties agree that the City's obligations under this Contract to make payments to LNRA for service in any fiscal year are a current expense for that fiscal year. 4.04 LNRA Debt. LNRA shall notify the City of any LNRA planned issuance of debt related to LNRA Facilities. V. OPERATION AND MAINTENANCE OF PROJECT; INSURANCE; MODIFICATION 5.01 Operation and Maintenance; Insurance. LNRA shall provide, or cause to be provided, management, manpower and all other services required for the operation and maintenance of the LNRA Facilities. LNRA agrees to use, or cause to be used, reasonable diligence and care in operating, maintaining and keeping in good repair the LNRA Facilities and all equipment and apparatus relating thereto, to permit it to wheel water to the City in the quantities to which the City is entitled pursuant to Section 3.02. LNRA shall assume complete responsibility for and shall have sole obligation to maintain, repair or replace the LNRA Facilities or any portions thereof. LNRA will acquire and maintain the liability insurance coverage and property damage insurance on the LNRA Facilities and on all of its operations relating to the same; the City or its assign will be named as additional insured parties for liability coverage. 5.02 Modification after the Completion Date. After the Completion Date, LNRA shall have the right to remodel or alter any portion of the LNRA Facilities, make substitutions, additions or improvements thereto, or to abandon or remove any part thereof; provided, however, no such remodeling, alteration, substitution, addition or improvement shall have the effect of interrupting the continuous transport of the City's Colorado River Water or lessening of the capacity of the 12 LNRA Facilities to transport water unless the written consent of the City Director of Water Operations is first obtained. Notwithstanding the preceding sentence, it is expressly recognized by the City that LNRA may be required to make necessary alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities from time to time during the term of this Contract, and any suspension of delivery to the City due to such operation shall not be cause for claim or damage on the part of the City, provided the following: (1) LNRA is using its best efforts to provide the City with transmission of water in accordance with this Contract; (2) LNRA provides the City as much advanced notice as may be practicable of the suspension of delivery but no event less than three (3) business days advance written notice to City Director of Water Operations of the necessity of alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities and of the estimated duration of the suspension; and, (3) in the event of an emergency repair, LNRA provides written notice within 24 hours of LNRA's discovery of need for emergency repairs. Following resumption of delivery capability, the City will provide direction to LNRA as to the delivery rate of Colorado River Water desired by the City. 5.03 Auxiliary Electric Service and West Delivery System. The City acknowledges the need for LNRA and the City to ensure the emergency operation of West Delivery System during an extended power outage. To ensure the ability to provide emergency operations of the West Delivery System, LNRA and the City will investigate the implementation of alternatives such as on-site electrical generation, distributed electrical generation facilities, the hardening of the electrical transmission and distribution system serving the West Delivery System and other means of providing sufficient emergency power to operate the West Delivery System. VI. 13 CASUALTY 6.01 Casualty of LNRA Facilities. If any material damage or destruction of the LNRA Facilities shall occur, LNRA shall with reasonable promptness notify the City, as to the nature and extent of such damage, destruction or taking and whether, in the judgment of LNRA, it is practicable to restore the LNRA Facilities. If the Authorized Representatives of the City and LNRA determine that restoration is practicable, LNRA shall proceed to restore and complete such portion of the LNRA Facilities and an amount equal to the proceeds of any insurance award received in connection with such damage, destruction or taking after payment of all expenses incurred in the collection thereof, shall be used to pay restoration costs. If the Authorized Representatives determine that it is impracticable to restore the LNRA Facilities, the amount equal to the net proceeds of any insurance award shall be equitably distributed between LNRA and the City. If the Parties' Authorized Representatives are unable to reach agreement on the practicality of restoring the LNRA Facilities, LNRA agrees nevertheless to restore the LNRA Facilities, if the City bears all unreimbursed costs of the LNRA Facilities restoration. 6.02 Effect of Casualty. The occurrence of a casualty shall not entitle the City to any abatement, postponement or reduction in the amount of the payments payable under Section 4.01 of this Contract, and the City hereby waives the benefits and provisions of all laws and rights which by reason of the casualty might relieve the City from any of its obligations under this Contract. 14 VII. SPECIAL COVENANTS 7.01 Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), based upon act of the City shall be asserted or filed against any amount paid or payable by the City to LNRA under or pursuant to this Contract or any order (whether or not valid) of any court shall be entered with respect to any such amount by virtue of any claim of any kind based upon act of the City, in either case so as to interfere with the payment of such amount by City to LNRA then the City will promptly take such action to the extent permitted by law (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference. VIII. TERMINATION; OPTION TO RENEW; GENERAL PROVISIONS 8.01 Term. This Contract shall terminate December 14, 2035, unless sooner terminated as herein provided. 8.02 Termination by LNRA. This Contract may be terminated by LNRA if it becomes illegal or impossible for LNRA to perform its obligations under this Contract as a result of the occurrence of any one or more of the following: a. The cancellation, amendment or other limitation by state or federal agency of any of the permits, amendments, licenses or authorizations required for the delivery to the City of the water transported hereunder, or for the construction or operation of the LNRA Facilities, after expiration of any appeal available to the City or 15 b. The promulgation or issuance of any order, rule, regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to the City. 8.03 Termination by City. This Contract may be terminated by the City if: a. It becomes illegal or impossible for the City to take the water as a result of the occurrence of any one or more of the following: 1. The failure of any local, state or federal agency to issue or approve any of the permits, amendments, licenses or authorizations required for the LNRA Facilities or the Mary Rhodes Phase II Pipeline, after expiration of any appeal available to LNRA; 2. The revocation or modification of any such permit, amendment, license or authorization; or 3. The promulgation or issuance of any order, rule or regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to LNRA. b. It becomes illegal or impossible for the City to utilize the Colorado River Water as a result of the occurrence of any one or more of the following: 1. The cancellation, amendment or other limitation by any local, state or federal agency of any of the permits, amendments, licenses or authorizations required for the appropriation of water from the Colorado River for industrial or municipal use, or for the use by the City of the water to be transported hereunder, or for the construction or operation of the Mary Rhodes Phase II Pipeline, or 16 2. The promulgation or issuance of any order, rule, regulation or determination by a court or governmental agency. 8.04 Notice of Termination. If a party desires to terminate this Contract by reason of any of the events described in Section 8.02 or Section 8.03 above, it shall, within three (3) months after it acquires knowledge of such event, deliver to the other party a written notice stating such desire, describing the event, and specifying the date on which this Contract is to terminate, which date shall be at least six (6)months from the date of such notice. 8.05 Option to Renew. If, at the expiration of the fixed term of this Contract as above provided, City is not in default and this Contract is then in full force and effect, the City shall have a right to renew and extend this Contract for an additional period of fifty (50) years on the terms and conditions, providing for the service at a cost which is reasonable, just and nondiscriminatory, provided that City delivers written notice to LNRA by registered or certified, prepaid and properly addressed first class United States mail of its intention to do so not less than ninety(90) days prior to the expiration of the original term herein provided. 8.06 Default. If either party defaults in the observance or performance of any of the provisions, agreements or conditions to be observed or performed on its part under this Contract, the other party may give written notice to the party in default of its intention to terminate this Contract, specifying the failure or default relied upon. Upon the expiration of forty-five (45) days after the giving of such notice, this Contract shall terminate, unless, within such forty-five (45)day period, or such longer period as may be specified in such notice or any amendment of or supplement to such notice, the default specified in such notice shall have been fully cured. 8.07 Rights after Termination. If the City terminates this Contract pursuant to Section 8.03 above, the City shall pay all costs identified in Section 4.01 through the date of termination, 17 including any claims or damages arising out of contracts entered into by LNRA for operation of LNRA Facilities. This provision shall survive any such termination. 8.08 Force Maieure. If by reason of force majeure, either party shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, and if such party gives notice and full particulars of such force majeure, in writing, to the other party within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice (other than obligations for the payment of money), so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed, including a reasonable time for removal of the effect thereof The term "force majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any kind of the Government of the United States, or any state, or any agency or political subdivision of the United States or any state, or any other civil or military authority, insurrection, riots, epidemics, landslides, lightening, earthquakes, fire, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, civil disturbances, explosions, breakage or accidents to machinery, transmission pipes or canals, shortages of labor, materials, supplies or transportation, or any other cause not reasonably within the control of the party claiming such inability. The requirement that any force majeure shall be reasonably beyond the control of the party shall be deemed to be fulfilled even though the existing or impending strike, lockout or other industrial disturbance may not be settled but could have been settled by acceding to the demand of the opposing person or persons. The parties shall use their best efforts to remove the cause of any force majeure; provided further, to the extent the inability does not continue the City shall retain its right to receive the volume of water that would have otherwise been delivered, and LNRA 18 shall make delivery of such water as soon as is reasonably possible following resumption of deliveries, or upon such other terms as the parties may agree. 8.09 Assignment. The City may not transfer or assign this Contract, or transfer its rights or delegate its duties hereunder, without the consent of LNRA, which consent shall not be unreasonably withheld. Upon any permitted assignment of this Contract, effective as of the date of such permitted assignment, the City shall be released from all of its obligations under this Contract except any pending and unsatisfied payment obligations as of the date of the permitted assignment. LNRA shall not assign this Contract nor transfer its rights or delegate its duties hereunder without the written consent of the City, except to a successor of the duties and functions of LNRA. 8.10 City Audit. Upon reasonable notice, during normal business hours, the City shall be entitled to inspect and review LNRA records of any costs assessed or incurred under this Contract. 8.11 Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by first-class mail, postage prepaid, addressed if to LNRA: Lavaca-Navidad River Authority PO Box 429 Edna, TX 77957 Attention: General Manager and if to the City: City of Corpus Christi, Texas PO Box 9277 19 Corpus Christi, TX 78469-9277 Attention: City Manager or, in each case, at such other address as may hereafter have been designated most recently in writing by the addressee to the addressor. 8.12 Governing Law, Entire Agreement, Etc. This Contract (a) may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument; (b) constitutes the entire agreement between LNRA and the City with respect to the subject matter hereof; (c) shall be governed in all respects, including validity, interpretation and effect, by and shall be enforceable in accordance with the laws of the State of Texas; (d) may be modified only by an instrument signed by the duly Authorized Representative of each of the parties, and (e) shall not be construed as a contract for the benefit of a third party other than a permitted successor or assign of a party. In the event that any clause or provisions of this Contract shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not affect any of the remaining provisions hereof. Each party may specifically, but only in writing, waive any breach of this Contract by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. 8.13 Exhibits. Exhibits to this Contract include: Exhibit A Drawing of LNRA Facilities and West Delivery System Improvements Exhibit B Easement Agreement Exhibit C Description(List) of West Delivery System Improvements 20 Exhibit D Bill of Sale and Conveyance of West Delivery System Intake Extension IN WITNESS WHEREOF, LNRA and the City have caused this Contract to be executed on their behalf by their duly Authorized Representatives, as of the date first set forth above. LAVACA-NAVIDAD RIVER AUTHORITY By: President and Director AOnivIct -Wu CkA [SEAL] ATTEST: Far �, J'«- Vice-President and Director Driv:d frA tc.e we. CITY OF CORPUS C . P. TI, TEXAS �'� a:er [SEAL] ATTEST: r2.< /4c. •41. City Secretary APPROVED AS TO FORM: (, I 1 (� MOW `tv✓City Attorney U SFCIIIft'A 21 1. EXHIBIT A . ,, Easement and Site Layout Exhibit . LNRA : p _ x x _ w 4 A. Y Cla: 54 v• . '.. i* Y VALVE .,' Y VALVE LNRA FA 11%., N ., PROPOSED WEST DELIVERY SYSTEM • INTAKE EXTENSION PIPELiIE it _A 41, ■ j _ 4 *.*lt b; ,. P O r,‘,1,...,'71''4201'ipli.....: , 1, ro. 01111110.,, __ ,...4- •-.0.- . ,,, oemmimizalemlnico‘,..,.. , I hat µ.4 Legend —'>Mary Rhodes Phase II Pipeline Alignment —Fiber Optic City of Corpus Christi Mary Rhodes Water Pipeline Phase II Water Pipeline Easement and Right-of-Way Agreement STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JACKSON § That, LAVACA-NAVIDAD RIVER AUTHORITY ("Grantor") for and in consideration of the sum of Ten Dollars ($10.00), the covenants contained herein, and other good and valuable consideration does hereby GRANT, BARGAIN, SELL, and CONVEY unto the CITY OF CORPUS CHRISTI, a home-rule municipal corporation operating under a home rule-charter in the City of Corpus Christi, Nueces County, Texas ("City"), its successors, and assigns ("Grantee") a perpetual, exclusive Forty foot (40') wide pipeline easement and right-of-way and a surge tank site ("Easement") to lay, construct, operate, inspect, patrol maintain, repair, replace, reconstruct, remove, and increase or decrease the size of (herein collectively called "Construct, Operate, and Maintain") one (1) water pipeline and associated underground communication cables, cathodic protections, and other fixtures, above or below ground, usually associated with water pipelines; and to Construct, Operate, and Maintain a surge tank together with its associated underground communication cables, cathodic protections, meters, and other fixtures, above or below ground as deemed by Grantee to be reasonably necessary to wheel water into Grantor's west delivery system pump station currently serving the City of Corpus Christi (collectively the "Pipeline Facilities"); along with a right of ingress to and egress from the Easement and Temporary Easement [defined infra] across Grantor's lands and roads as specified herein, in Jackson County, Texas ("Grantor's Lands"). Together with, a right to use as a work or construction area additional land adjacent to the Easement ("Temporary Easement") and additional temporary work space to be used in connection with the construction of Grantee's surge tank ("Additional Temporary Easement") until the Pipeline Facilities are completed, tested, and placed in service, including any rebuilding or repairing necessary to place the Pipeline Facilities in service initially ("Initial Construction Period")along with a right of ingress and egress to and from the Easement Temporary Easement and Additional Temporary Easement across Access Roads on Grantor's Lands as identified in paragraph 10. Upon the termination of the Initial Construction Period, Grantee shall have no further rights or claims to any property contained in the Temporary Easement or Additional Temporary Easement. The Easement, Temporary Easement, and Additional Temporary Easement are sometimes collectively referred to herein as the"Easements Grantor's Lands which are covered by this Water Pipeline Easement and Right-of-Way Agreement are more particularly described as follows: 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 1 J-000 LNRA Easement TRACT J-000 That portion of the Francis F. Wells Survey, Abstract 49 conveyed to the Lavaca- Navidad River Authority by deed dated June 26,2001 and recorded in Volume 180,Page 500 of the Official Records of Jackson County,Texas. The Easement and Temporary Easement across Grantor's Lands are more particularly described in Exhibit A and depicted in Exhibit B, attached hereto. The Additional Temporary Easement is described in Exhibit C attached hereto. TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever; and Grantor does hereby bind Grantor's heirs, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Easements and other rights granted herein unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, when the claim is made by, through or under Grantor, but not otherwise, subject to the hereinafter set forth matters, exceptions, reservations, covenants, and conditions, which are a part of the consideration for this grant, and which are construed as covenants running with the land. Except as to the special warranty of title provided for above, Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of Grantor's Lands including but not limited to, the suitability thereof for any activity or use, (ii) the condition of Grantor's Lands, and/or (iii) the compliance of Grantor's Lands with any laws, rules, ordinances or regulations of any government or other body. Grantor makes no representation, express or implied, or arising by operation of law, including but in no way limited to, any warranty of condition, habitability, merchantability or fitness for a particular purpose, all of which warranties are expressly disclaimed. 1. Pipeline Burial; Restoration. Grantee shall bury its water pipeline(s) and any subsurface appurtenances so that the top of the pipeline and subsurface appurtenances are at least 48-inches below the surface of the ground at all points. Grantee shall promptly back-fill all excavations with top soil on top and bottom soil on bottom made by or for Grantee on Grantor's Lands. Grantee shall use the double ditching method of trench construction whereby up to 18 inches of the top soil is segregated from the rest of the excavation and is used to backfill the top layers of the trench. Grantee shall maintain its Pipeline Facilities in good condition and repair all leaks promptly after their discovery. Any costs for clean-up shall be conducted and paid for by Grantee and Grantee shall pay Grantor for actual damages associated with the Pipeline Facilities, if any, on Grantor's Lands, which Grantee is unable to clean up or repair. Grantee shall restore the surface of the Easements to their original grade. In areas where the vegetative cover is disturbed, Grantee shall reseed the disturbed area of the Easements with Bermuda grass seed after completion of the Pipeline Facilities. All Pipeline Facilities may not be buried, some may be aboveground. Aboveground Pipeline Facilities, other than pipe line and fiber optic line markers constructed on Grantor's property shall be placed at the approximate locations indicated 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 2 J-000 LNRA Easement in Exhibit `B". In the event Grantee discovers a previously unknown pipeline, telephone line, fiber optic line, utility line, or other obstruction (collectively, "Other Utility Lines"), which will require Grantee to route its pipeline under such Other Utility Lines, then in such event Grantee shall be permitted to install additional combination air valve(s) and one corrosion test station adjacent to each such additional combination air valve on the Easement in the vicinity of such Other Utility Lines. 2. Fences and Gates. If any portion of the Easement, Temporary Easement, or Additional Temporary Easement are cross-fenced, now or in the future, Grantee shall have the right, but not the obligation, to cut and install a gate in each such cross-fence. If Grantee cuts any fence to exercise any right hereunder then Grantee may either reconstruct the fence to its original condition, or as close thereto as practicable, or install one or more gates (which remain Grantee's property) and maintain the gate(s) in a operable condition capable of preventing livestock from entering or leaving Grantor's Lands. Before cutting a fence Grantee shall properly brace the fence on either side of the intended cut to prevent any damage to it. Grantee shall keep all gates locked at all times it is not using the gate(s). Grantor and Grantee may place a lock on all gates across the Easement, Temporary Easement, or Additional Temporary Easement so that either party may open a gate without having to open the other party's lock. 3. Maintenance and Use. Grantee shall use the Easements and operate its Pipeline Facilities in compliance with all applicable federal and state laws and regulations and shall maintain the Easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to Grantor's Lands. Grantee shall maintain the Easement to minimize wash-outs and shall not allow the Easement to become a water course. Grantee has the right to mow the Easement during the first six months of each calendar year. Grantee and its agents have no right to hunt on the Easements or Grantor's Lands. Grantee's directors, officers, agents,and employees shall not bring dogs or firearms on the Easements or Grantor's Lands. 4. Damages. The consideration paid by Grantee to Grantor for this Water Pipeline Easement and Right-of-Way Agreement includes payment for all actual damages for loss of grass, trees, crops, buildings, improvements, fences, and other actual damages to the surface of the Easements arising during the Initial Construction Period. Grantee acknowledges and agrees that it shall be liable to repair or pay for any damages caused to Grantor's Lands by Grantee or the Pipeline Facilities after the Initial Construction Period. 5. Notices. Until notified in writing of a different address, notices must be sent to the Grantor and Grantee as follows. Notices will be deemed received 3 days after being mailed if sent by U.S. mail,postage paid, certified mail to the addresses below: Grantee: City of Corpus Christi Attn: City Engineer P.O. Box 9277 Corpus Christi, TX 78469-9277 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 3 J-000 LNRA Easement Grantor: Lavaca-Navidad River Authority Attn: General Manager P.O. Box 429 Edna, Texas 77957 6. Successors and Assigns. This Water Pipeline Easement and Right-of-Way Agreement and the rights granted by it is binding upon and inures to the benefit of Grantee and Grantor, their respective heirs, successors and assigns. The Easements sought herein and the rights herein granted may be assigned in whole or in part but only with the prior written approval of Grantor, which Grantor shall not unreasonably withhold. 7. Insurance Requirements. Prior to entry upon the Easement for purposes of the initial construction of the Pipeline Facilities, Grantee will require its contractor to have, during the Initial Construction Period general liability insurance in an amount of not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate and excess liability/umbrella liability insurance in an amount of $5,000,000 per occurrence. Grantee, after the Initial Construction Period, will require its contractors to have general liability insurance in an amount of not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate during any repair or maintenance of the Pipeline Facilities. Grantor shall be named as an additional insured on any policy of insurance required above and on any excess liability/umbrella liability insurance that Grantee may require of its contractors contracted to repair or maintain the Pipeline Facilities. Grantee will require its contractors to furnish Grantor a Certificate of Insurance Coverage for all insurance required by this paragraph. 8. No Water Taps. Grantor is prohibited, without the express written consent of Grantee, from tapping into or using water from the water pipeline constructed in the Easement. 9. Grantor's Improvements. Grantor agrees not to construct improvements that impede or interrupt Grantee's usual and ordinary access to Construct, Operate, and Maintain the Pipeline Facilities upon the Easements or which encroach upon the Easements. Grantor reserves the right to use Grantor's Lands so long as such use by Grantor does not interfere with the use of the Easements,by Grantee to Construct, Operate and Maintain the Pipeline Facilities. 10. Grantee Ingress and Egress. Grantee access to the Easements shall be along Grantor's road labeled and depicted in Exhibit"D"as"Access Road". 11. Complete Agreement. Grantor and Grantee agree that this Water Pipeline Easement and Right-of-Way Agreement contains the entire agreement between the Grantor and Grantee, and that all prior agreements, oral or written, relating to the Easement, Temporary Easement, or Additional Temporary Easement and other rights granted herein are merged into and/or superseded by the terms of this Water Pipeline Easement and Right-of-Way Agreement, 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 4 J-000 LNRA Easement and that no modification or amendment thereto is effective unless made in writing and signed by the Grantor and Grantee's City Manager, or his designee. 12. Severability. If one or more provisions of this Water Pipeline Easement and Right-of-Way Agreement is for any reason held to be invalid, illegal, or unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, such invalidity, illegality, or unenforceability will not affect any other provision hereof and this Water Pipeline Easement and Right-of-Way Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13. Multiple Counterparts. This Water Pipeline Easement and Right-of-Way Agreement may be executed in any number of counterparts, all of which shall be construed together as an original instrument to the same extent and with like effect as though all the parties hereto had executed each counterpart. The parties specifically agree that the execution and acknowledgment pages from the several counterparts may be aggregated into one counterpart for recordation and other purposes. 14. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Jackson County, Texas. 15. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Executed this the -riAijklay of 2014. Gra tor: LA C - .' VIDAD RIVER A THORITY By. I La) • 0/A it� 'atric 1• i wski,General Manager Grantee: CITY OF CORPUS CHRISTI By: 0 Daniel E. Biles, City Engineer 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 5 J-000 LNRA Easement STATE OF TEXAS § COUNTY OF SCY,ScM § This instrument was acknowledged before me on 2"2/-/4 by Patrick Brzozowski, General Manger of Lavaca-Navidad River Authority, on behalf of the authority. I ?or,Nte, KAREN GREGORY Notary Pubik ina E .'"e. '*' State of Texas ,1•Vii. �.Gt I/art Comm.des 09/0S/2016 N• ARY PUBL' St e of Texas STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on AheAz;agQ/fby Daniel E. Biles, City Engineer of the City of Corpus Christi, on behalf of said City. -•"'' ..;;"''', GLENDA L GRA 0 di ' .* Notary Public ► / //"' STATE OF TEXAS ► DZs : `••.s'.q• •••• '+S:;` My Comm. Exp. 05-07-2016 ► OTARY PUBLIC State of Texas .�FOF 00733713;1 278543v4 Mary Rhodes Water Pipeline Phase II 6 J-000 LNRA Easement EXHIBIT "A" LAVACA-NAVIDAD RIVER AUTHORITY TO CITY OF CORPUS CHRISTI PERMANENT EASEMENT(4.770 ACRES) METES AND BOUNDS DESCRIPTION Being a 4.770 acre of land,being out of a certain tract of land conveyed to Lavaca-Navidad River Authority by deed dated June 26,2001 and recorded in Volume 180,Page 500 of the Official Records of Jackson County,Texas(0.R.,J.C.,Tx.); Said 4.770 acre tract is comprised of a portion of the Francis F.Wells Survey,Abstract 49, approximately 8 miles southeast of the City of Edna and is described by metes and bounds as follows: Beginning at a 5/8"iron rod with surveyor's cap stamped"Bullseye"set on the west bank of the Navidad River,for the southeast corner of this tract,from which a concrete monument with brass cap found for an angle point of a certain tract of land conveyed to Robert Warren Volkmer by deed dated August 8,2002 and recorded in Volume 204,Page 102,O.R.,J.C., Tx.and an angle point of said Lavaca-Navidad River Authority bears South 10°56'26" West,a distance of 539.75 feet; THENCE South 88° 15'52"West,a distance of 1,134.73 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE North 49°58'00"West,a distance of 1,420.87 feet to a 5/8"iron rod with surveyor's cap stamped"Bullseye"set for an angle point; THENCE North 22°03' 11"West,a distance of 906.89 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point,from which a concrete monument . with brass cap found for an angle point of said Robert Warren Volkmer tract and an angle point of said Lavaca-Navidad River Authority bears South 59°00'54"West,a distance of 115.57 feet; THENCE North 23°36'05"East,a distance of 89.67 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE North 43°51'57"West,a distance of 17.14 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE North 08°45'31"West,a distance of 154.25 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for the southwest corner of this tract; THENCE North 46°08'07"East,a distance of 165.48 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for the northwest corner of this tract; THENCE South 52°38'23"East,a distance of 81.96 feet to a point; THENCE North 46°08'07"East,a distance of 120.62 feet to a point; THENCE North 41°17' 32"West,a distance of 15.02 feet to a point; THENCE North 46°08'07"East,a distance of 93.30 feet to a point; THENCE South 89°57' 17"East,a distance of 341.15 feet to a point for the beginning of a curve to the left; THENCE in an easterly direction with said curve to the left(Radius=94.00 feet,Chord Bearing and Distance of North 80°52'25"East,29.97 feet),a distance of 30.09 feet to a point for the end of said curve to the left; THENCE North 71°42'07"East,a distance of 172.32 feet to a point for the beginning of a curve to the right; 1 of 3 THENCE in an easterly direction with said curve to the right(Radius=26.00 feet,Chord Bearing and Distance of North 77°50'45"East,5.57 feet),a distance of 5.58 feet to a point for the end of said curve to the right; THENCE North 83°59'23"East,a distance of 47.27 feet to a point for the beginning of a curve to the left; THENCE in an easterly direction with said curve to the left(Radius= 15.00 feet,Chord Bearing and Distance of North 77°50'45"East,3.21 feet),a distance of 3.22 feet to a point for the end of said curve to the left; THENCE North 71°42'07"East,a distance of 44.49 feet to a point; THENCE South 18°25' 11"East,a distance of 10.00 feet to a point; THENCE South 71°42'07"West,a distance of 44.51 feet to a point for the beginning of a curve to the right; THENCE in a westerly direction with said curve to the right(Radius=25.00 feet,Chord Bearing and Distance of South 77°50'45"West,5.35 feet),a distance of 5.36 feet to a point for the end of said curve to the right; THENCE South 83°59'23"West,a distance of 47.27 feet to a point for the beginning of a curve to the left; THENCE in an westerly direction with said curve to the left(Radius=16.00 feet,Chord Bearing and Distance of South 77°50'45"West,3.42 feet),a distance of 3.43 feet to a point for the end of said curve to the left; THENCE South 71°42'07"West,a distance of 172.32 feet to a point for the beginning of a curve to the right; THENCE in a westerly direction with said curve to the right(Radius= 104.00 feet,Chord Bearing and Distance of South 80°52'25"West,33.15 feet),a distance of 33.30 feet to a point for the end of said curve to the right; THENCE North 89°57' 17"West,a distance of 315.49 feet to a point; THENCE South 46°08'07"West,a distance of 130.04 feet to a point; THENCE South 31°42'04"East,a distance of 30.69 feet to a point; THENCE South 46°08'07"West,a distance of 28.81 feet to a point; THENCE South 17°30' 11"West,a distance of 58.34 feet to a point; THENCE North 87°42'05"East,a distance of 83.02 feet to a point; THENCE South 31°42'04"East,a distance of 22.96 feet to a point; THENCE South 87°42'05"West,a distance of 96.50 feet to a point; THENCE South 36°20'27"East,a distance of 49.50 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for and angle point; THENCE South 01°01' 15"West,a distance of 36.92 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE South 54°30'57"West,a distance of 231.33 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE North 43°51'57"West,a distance of 17.34 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; 2 of 3 THENCE South 23°36'05"West,a distance of 56.23 feet to a point for an angle point; THENCE South 22°03' 11"East,a distance of 880.11 feet to a point for an angle point; THENCE South 49°58'00"East,a distance of 1,395.66 feet to a point for an angle point; THENCE North 88° 15'52"East,a distance of 1,106.31 feet to a point on the west bank of said Navidad River for the northeast corner of this tract; THENCE South 19°57'25"East along the west bank of said Navidad River,a distance of 42.11 feet to the POINT OF BEGINNING and containing 4.770 acres of land,more or less, subject to all easements of record. Bearings were determined from a GPS Survey,Texas Coordinate System of 1983,South Central Zone. All distances and coordinates are surface and may be converted to grid by dividing by 1.00010(Combined Scale Factor). A survey plat of even date herewith accompanies this metes and bounds description. I hereby certify the foregoing legal description was prepared from a survey performed on the ground and that it correctly represents the facts found at the time of the survey. p ,i.tMOF T MA li DID SU•r�3�4 o i . :'• (91/43/e %1 Adam N.Diehl Registered Professional Land Surveyor No.6346 State of Texas 3 of 3 EXHIBIT "A" LAVACA-NAVIDAD RIVER AUTHORITY TO CITY OF CORPUS CHRISTI TEMPORARY EASEMENT(7.945 ACRES) METES AND BOUNDS DESCRIPTION Being a 7.945 acre of land,being out of a certain tract of land conveyed to Lavaca-Navidad River Authority by deed dated June 26,2001 and recorded in Volume 180,Page 500 of the Official Records of Jackson County,Texas(0.R.,J.C.,Tx.); Said 7.945 acre tract is comprised of a portion of the Francis F.Wells Survey,Abstract 49, approximately 8 miles southeast of the City of Edna and is described by metes and bounds in four parts as follows: Part 1(Horizontal Directional Drill Lay Down Area) Commencing at a 5/8"iron rod with surveyor's cap stamped`Bullseye"set on the west bank of the Navidad River,from which a concrete monument with brass cap found for an angle point of a certain tract of land conveyed to Robert Warren Volkmer by deed dated August 8,2002 and recorded in Volume 204,Page 102,O.R.,J.C.,Tx.and an angle point of said Lavaca-Navidad River Authority bears South 10°56'26"West,a distance of 539.75 feet; THENCE South 88°15'52"West,a distance of 770.10 feet to a point for the POINT OF BEGINNING and the northeast corner of this tract; THENCE South 01°55'26"East,a distance of 100.00 feet to a point for the southeast corner of this tract; THENCE South 88°15'52"West,a distance of 250.00 feet to a point for the southwest corner of this tract; THENCE North 01°55'26"West,a distance of 100.00 feet to a point for the northwest corner of this tract; THENCE North 88°15'52"East,a distance of 250.00 feet to the POINT OF BEGINNING and containing 0.574 acre of land,more or less,within Part 1. Part 2(Pipeline Construction Area) Commencing at a 5/8"iron rod with surveyor's cap stamped`Bullseye"set on the west bank of the Navidad River,from which a concrete monument with brass cap found for an angle point of said Robert Warren Volkmer tract and an angle point of said Lavaca-Navidad River Authority bears South 10°56'26"West,a distance of 539.75 feet; THENCE North 19°57'25"West,a distance of 42.11 feet to a point for the POINT OF BEGINNING and the southeast corner of this tract; THENCE South 88°15'52"West,a distance of 1,106.31 feet to a point for an angle point; THENCE North 49°58'00"West,a distance of 1,395.66 feet to a point for an angle point; THENCE North 22°03' 11"West,a distance of 880.11 feet to a point for the southwest corner of this tract; THENCE North 23°36'05"East,a distance of 56.23 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE South 43°51'57"East,a distance of 17.34 feet to a 5/8"iron rod with surveyor's cap stamped"Bullseye"set for the northwest corner of this tract; THENCE North 54°30'57"East,a distance of 13.72 feet to a 5/8"iron rod with surveyor's cap stamped`Bullseye"set for an angle point; THENCE South 22°03' 11"East,a distance of 891.59 feet to a point for an angle point; THENCE South 49°58'00"East,a distance of 1,357.86 feet to a point for an angle point; Iof3 THENCE North 88°15'52"East,a distance of 1,063.66 feet to a point for the northeast corner of this tract; THENCE South 19°57'25"East,a distance of 63.17 feet to the POINT OF BEGINNING and containing 4.623 acres of land,more or less,within Part 2. Part 3(Drainage Line) Commencing at a concrete monument with brass cap found for an angle point of a certain tract of land conveyed to Robert Warren Volkmer tract and an angle point of said Lavaca-Navidad River Authority; THENCE North 54°09'21"East,a distance of 534.30 feet to a point for the POINT OF BEGINNING and the southwest corner of this tract; THENCE North 31°42'04"West,a distance of 22.96 feet to a point for the northwest corner of this tract; THENCE North 87°42'05"East,a distance of 30.37 feet to a point for an angle point; THENCE North 68°38'07"East,a distance of 88.60 feet to a point for an angle point; THENCE North 39°14'39"East,a distance of 35.88 feet to a point for the northeast corner of this tract; THENCE South 50°45'21"East,a distance of 19.20 feet to a point for the southeast corner of this tract; THENCE South 39°14'39"West,a distance of 42.55 feet to a point for an angle point; THENCE South 68°38'07"West,a distance of 95.57 feet to a point for an angle point; THENCE South 87°42'05"West,a distance of 22.46 feet to the POINT OF BEGINNING and containing 0.072 acre of land,more or less,within Part 3. Part 4(West Delivery System Intake Extension) Commencing at a concrete monument with brass cap found for an angle point of a certain tract of land conveyed to Robert Warren Volkmer tract and an angle point of said Lavaca-Navidad River Authority; THENCE North 42°55'37"East,a distance of 552.68 feet to a point for the POINT OF BEGINNING of this tract; THENCE North 31°42'04"West,a distance of 30.69 feet to a point; THENCE North 46°08'07"East,a distance of 130.04 feet to a point; THENCE South 89°57' 17"East,a distance of 244.69 feet to a point; THENCE South 50°13'20"East,a distance of 247.94 feet to a point; THENCE South 79°17'28"East,a distance of 77.44 feet to a point; THENCE North 73°52'57"East,a distance of 303.28 feet to a point; THENCE North 27°57'28"East,a distance of 70.70 feet to a point; THENCE North 17°58'00"West,a distance of 51.33 feet to a point; THENCE South 72°02'00"West,a distance of 21.50 feet to a point; THENCE North 17°58'00"West,a distance of 88.58 feet to a point; THENCE North 72°02'00"East,a distance of 91.08 feet to a point; 2 of 3 THENCE South 17°58'00"East,a distance of 88.58 feet to a point; THENCE South 13°09'29"East,a distance of 134.55 feet to a point; THENCE South 27°57'28"West,a distance of 97.40 feet to a point; THENCE South 73°52'57"West,a distance of 369.50 feet to a point; THENCE North 79°17'28"West,a distance of 127.21 feet to a point; THENCE North 50°13'20"West,a distance of 253.37 feet to a point; THENCE North 89°57' 17"West,a distance of 220.16 feet to a point; THENCE South 39°13'49"West,a distance of 27.59 feet to a point; THENCE North 42°53'54"West,a distance of 21.77 feet to a point; THENCE South 46°08'07"West,a distance of 30.05 feet to the POINT OF BEGINNING and containing 2.676 acres of land,more or less,within Part 4 and containing a total combined 7.945 acres of land within Part 1 through Part 4. Bearings were determined from a GPS Survey,Texas Coordinate System of 1983,South Central Zone. All distances and coordinates are surface and may be converted to grid by dividing by 1.00010(Combined Scale Factor). A survey plat of even date herewith accompanies this metes and bounds description. I hereby certify the foregoing legal description was prepared from a survey performed on the ground and that it correctly represents the facts found at the time of the survey. o • Adam N.Diehl Registered Professional Land Surveyor No.6346 State of Texas 3 of 3 ,(�, CURVE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH _ LINE BEARING DISTANCE LINE BEARING • DISTANCE t/��!!■vv\R�__../1 Cl 94.00' N 80'52'25" E 29.97' 30.09' L6 N 46'08'07" E 120.62' L35 N 39'14'39" E 35.88' C2 26.00' N 7750'45" E 5.57' 5.58' L7 N 41'17'32" W 15.02' L36 N 68'38'07" E 88.60' NI C3 15.00' N 7750'45" E 3.21' 3.22' 4,1, L8 N 46'08'07" E 93.30' 137 N 5742'05" E 30.37' C4 25.00' S 7750'45" W 5.35' 5.36' L9 S 89'57'17" E 341.15' L38 S s6'08'07' W 30.05' SCALE: 1' = 200' C5 16.00' S 7750'45" W 3.42' 3.43' L10 N 71'42'07" E 172.32' 1.39 N 42'53'54" W 21.77' C6 104.00' 5 80'52'25" W 33.15' 33.30' L11 N 83'59'23" E 47.27' 1.40 5 39'13'49" W 27.59' A 9 L12 N 71'42'07' E 44.49' L41 N 89'57'17" W 220.16' L13 S 18'25'11" E 10.00' L42 N 50'13'20" W 253.37' L13 L5 L51 / v L14 5 71'42'07" W 44.51' L43 N 79'17'28" W 127.21 L12 FRANC/S F. c3 L74 -51 L15 S 83'59'23" W 47.27' L44 S 73'52'57" W 369.50' C4 L16 5 71'42'07" W 172.32' L45 S 27'57'28" W 97.40' WELLS 211 L15 C L17 N 89'57'17" W 315.49' L46 S 13'09'29" E 134.55' A - 49 C5 L18 S 46'08'07" W 130.04' L47 S 17'58'00" E 88.58' L19 S 31'42'04" E 30.69' L48 N 72'02'00" E 91.08' O �� 1.20 S 46'08'07" W 28.81' L49 N 17'58'00" W 88.58' v/•..3 L21 S 17'30'11" W 58.34' L50 S 72'02'00" W 21.50' L22 N 8742'05" E 83.02' L51 N 17'58'00" W 51.33' L23 S 31'42'04" E 22.96' L.52 N 27'57'28" E 70.70' V 0 L24 S 8742'05" W 96.50' L53 N 73'52'57' E 303.28' L31 5 8742'05" W 22.46' L54 S 79'17'28" E 77.44' Lavaca-Nov dad L55 L32 S 68'38'07" W 95.57' L55 5 50'13'20" E 247.94' River Authority L33 S 39'14'39" W 42.55' L56 N 89'57'17" W 244.69' Vol, e 2 .Pg.2001 500 % `` \\ ` L34 S 50'45'21" E 19.20' June 26, 2001 0. R., J. C., Tx. / \\\ L42 TEMPORARY ASEMENT PART 4 k L34 (WEST DELIVERY SYSTEM col 1_, 33 INTAKE EXTENSION) -J .:\,- P.O.B. TEMPORARY P.O.B. EASEMENT PART 4 ^\o L36 TEMPORARY P.O.C. BEARS L37 EASEMENT PART 3 L] t 9 `L32 (DRAINAGE LINE) S 42' 55' 37" W 8 4 552.68' L619 • '4 L31 P.O.B. TEMPORARY EASEMENT PART 3 1 J _ 1.243 P.O.C. BEARS S 54' 09' 21" W, 534.30' MATCH LINE SHEET 2 200' 400' EASEMENT SUMMARY EASEMENT LENGTH = 4,623.98 FEET SCAI E: 1" = 200' TEMPORARY EASEMENT PMT 1"0.623 ACRES CdPORARY EASEXF]YT PMT R-1.627 ACRES LEGEND TEMPORARY EASEMDIT PART 3 0072 ACRES jj���j ej�� TEMPORARY EASEMENT PART -T 4=2676 ACRES B•++A L 226 Enterprise iDC784 5 de , ---- PROPOSED EASEMENT LINE PERMANENT EASEMENT= 4.770 ACRES Cape Christi rx.leas r,,,goNp,Nr,"` IA 3AgA32. 9 X EXISTING FENCE LINE 1691(6IR1 ago-"6° a ,,o MARY RHODES WATER PIPELINE 6P S.RMRECarP mN*10134100 vp'(e OF r'4D EXHIBIT 11 B 0 --- CENTERUNE OF HIGHWAY PHASE II I,ADAM N.DIEH1,REGISTERED PROFESSIONAL LAND ,. �P,. ST f••-�a P.O.B. = POINT OF BEGINNING SURVEYOR OF TEXAS.DO HEREBY STATE THAT THIS . co...,,GI e"?...is,• = POINT OF PLAT REPRESENTS AN ACTUAL SURVEY MADE p .P * °\ •' END. = FOUND COMMENCEMENT NOTES UNDER Mr DIRECTION TO THE BEST OF MY ' ...4.•, OSR SET 5 8 IRON ROD WITH PLASTIC CAP I. O.R."OFVOAL RECORDS KNOWLEDGE AND AWUTY. THIS THE 20TH DAY OF 4 ADAM N.DIEHL " MAY,Y, 2013. ••••7••••••«..........••.A,•« 2.0.R.■DEED RECORDS • STAMPED "BULLSEYE" 3. J.C.,TX.JACKSON COUNTY.TEXAS •'0 6346 V: • �' 1,BEARINGS ARE BASED ON A GPS SURVEY,TEXAS COCROINATE '. �,9pF �P: O = TXDOT FOUND CONCRETE MONUMENT �� SYSTEM OF 1963.SOUTH CENTRAL ECK. AU-DISTANCES AND 1\-- k. # 9 FS10.+Q`. COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO p...„ .� •• O •= COMBINATION AIR VALVE ` URA ,a ORID BY WADING BY 1.00010(COMBINED SCALE FACTOR). ��_` i ❑ = BLOWOFF VALVE LAVACA NA MAD 3 A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES RIVER AUTHORITY THIS PLAT ADAM N.DIEHL, R.P.LS. 6346 w.✓ • = CATHODIC TEST STATION J-000 ■ REGISTERED PROFESSIONAL LAND SURVEYOR COUNTY I SURVEY PLAT OF SHEET DATE'61/Z3/tool _ .... J RECTIFIER NOT TO SCALE JACKSON -000 I 1 OF 3 (K# MATCH LINE SHEET 1 SCALE: 1" = 200' SR' LS R 1 L25" SR L2 e4s Mftitirl- IN LINE S BEARING 23'36'05" W DISTANCE 67 sR / FRANCIS F. L2 N 43'51'57" W 17.14' M WELLS L3 S 08'45'31" E 154.25' H <<T 1 A - 49 L4 S 46'08'07" W 165.48' I W L28 L5 S 5738'23" E 81.96' S S-.�. L25 S 3620'27" E 49.50' I N L26 S 01'01'15" W 36.92' %1• • \ L27 S 54'30'57" W 217.61' Z SR 7?,.. L28 S 54'30'57" W 13.72'17.34' S\ \ S��b3; L30 S 23'36'05" W 56.23' Lovoca-Navidad I FOUND CONCRETE /�59 °,5, \ S�� 1'`A, River Authority I- MONUMENT i/ '� \ ?b 7\�\ Vol. 180, Pg. 500 Q WITH BRASS DISK SS). \ 7+ .69 June 26, 2001 1 M F.C.C. FOR N?\ R\ !Sg. 0. R., J. C., Tx. 1 TEMPORARY EASEMENT / 'p\ PAR TS 3 & 4 \ 3i7 1\`B\77• TEMPORARY \ k EASEMENT PART 2 / 90s� (PIPELINE CONSTRUCTION AREA) \ 9 z.... \ S49'58'00"E 1,357.86' \777\7777\77777 // FgSF��T \ \ S49'S8'00"E _1,395.66 4 / Robert Warren Volkmer Ste- Vol. 204, Pg. 102 N49'58'00"W 1,420.87' August 8, 2002 / 0. R., J. C., Tx. / 0. 200' 400' EASEMENT SUMMARY EASEMENT LENGTH = 4,623.98 FEET SCALE; 1- = 200' 1EMPCRARY EASEMENT PART 1-4.12 ACRES TEMPDRARY EASEMENT PMT 7-{.{72 ACRES LEGEND TEMPORARY EASEMENT PART 3-0.072 ACRES TEMPORARY EABEIDIT PART 4�1{7{ACRES BUI,IS�rE 226 EN=rye.Parkway SO.114 4 T. ---- PROPOSED EASEMENT LINE PERMANENT EASEMENT = 4.770 ACRES L."gow°:w.•I"c TM: l xw !` TBPLS�FIR6M REGXIPXTCJII.,o,34100 X EXISTING FENCE LINE MARY RHODES WATER PIPELINE aac o pp --- CENTERLINE OF HIGHWAY a PHASE II I.ADAM N.DIEHL REGISTERED PROFESSIONAL LAND ' -(E OF Tkyp EXHIBIT °B" P.0.6. = POINT OF BEGINNING SURVEYOR OF TEXAS,DO HEREBY STATE THAT THIS ' 'cP.•' ST v• P.O.0 = POINT OF COMMENCEMENT NOTES PLAT REPRESENTS AN ACTUAL SURVEY MADE ,• �l'�(Gt ER'•• .P Fp:S END. = FOUND UNDER MY DIRECTION TO THE BEST OF MY I 0.R.=OFFICIAL RECORDS KNOWLEDGE AND ABILITY, THIS THE 20TH DAY OF •' 0SR = SET 5/8 IRON ROD MATH PLASTIC CAP MAY, 2013. a:•MADAM N.DIEHL.s.... 2 D.R.•DEED RECORDS » D STAMPED `BULLSEYE` \ 3. J.C.IS-JACKSON COUNTY.TEXAS 4./......- p ♦ �.SYSTEM 19 3,SED SOUTH A CPS ZCN:. AU. SA N 1111V/I'Ip 'q 6346 -41.... O - TXDOT FOUND CONCRETE MONUMENT �� i\, BEATEN CF IE B SDU rN A GIPS zRVE. AU.S INSTANCES COORDINATE TE •A •'�"99�FE$ 1�?P'Q•� 0 = COMBINATION AIR VALVE `�i COORDINATES SHORN ARE SURFACE AND MAY BE CONVERTED TO ///- I GRID BY DIVIDING BY I.000w(COMBINED SCALE FACTOR). /(/ ❑ = BLOWOFF VALVE LA VA CA NANDAD 5 A METES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOMPANIES ��SUREy.G RIVER AUTHORITY THIS PLAT ADAM N.DIEHL,R.P.L.S. 6346 Q "s.,......•:-'''' • = CATHODIC TEST STATION J-000 REGISTERED PROFESSIONAL LAND SURVEYOR COUNTY SURVEY PLAT OF SHEET DATE:©;/Z31�1N •= RECTIFIER NOT TO SCALE JACKSON l J-000 I 2 OF 3 NAVIDAD RIVER S19'S7' 63.127'5"E ® P.0.8. TEMPORARY A 'A' 2 19.57'25"E SCALE: 1" g. 200' FRANC/S F. ```, •sR 42.11' P-O.B WELLS (� / \\ PERMANENT EAS MENT A - 49 •*. / \\ Y' P.O.C.TEMPORARY Cqy*\\N , \ / .\ EASEMENT PARTS I & 2 I ���.06/ / `'rn\ EN 1= Lavaca-Nav dad ‘ •,\`'."t� cD /\ ?P5C r�\V) River Authority , .4 �/Vol. 180, Pg. 500 6jtt/ 1, \Z June 26, 2001 ,�y �ti P� /1� o J 0. R.. J. C., Tx. O�PQPQ OOd ��� ��0 \ Q JG = .\ 4FaS� FOUND CONCRETE FOUND CONCRETE U SC 0\ MONUMENT Q I 0- C., a WITH BRASS DISK MONUMENT COMBINATION AIR VALVE Sc 'K' �(\ !, WITH BRASS DISK CATHODIC TEST STATION g \\ y ` P.O.E. TEMPORARY \\v\y\\ \ \ EASEMENT PART 1 S49'58'00"E 1,357.86' �,, LINE BEARING DISTANCE \ �� \\``` .c(� ‘k.' 9y� ��� L1 S 01'55'26" E 100.00' ��� 549'58'00 E 1,395.66 \ g ` Q�.?QP��G�P�FP L2 S 88'15'52" W 250.00' � �c.�F P�''4A Robert Warren Volkmer L3 N 01'55'26" W 100.00' I 9449'58'00"W 1,420.87' SR c1-SOa\y0 Vol. 204, Pg. 102 L4 S 88'15'52" W 250.00' FOUND CONCRETE 0 P August 8, 2002 L5 S 88'15'52" W 114.63' MONUMENT `�,0���� O. R., J. C., Tx. WITH BRASS DISK O 0' :00' 46.:' EASEMENT SUMMARY EASEMENT LENGTH = 4,623.98 FEET SCA!E: 1- = 200' !L1ILLLLLLI 1EMPCNARY EASEMDIT T IX T.1 2-"0.623 ACRES TEMPORARY EASEMEN 0072 AGES LEGEND 30MPOF AY EASEMENT PART 3-0.073 ACRES TEMPORARY EASEMENT PMT 4-2.676 ACHES BULLS EYE C En,CN,,l PMvgy Aisle I l l —_— .6 coPU11452.Tx.18105 - PROPOSED EASEMENT UNE PERMANENT EASEMENT = 4.770 ACRES L♦ Su"v6YINC T"'41888186.768 ri ",o„PANY Fox:18881896-1686 K EXISTING FENCE LINE TBPLS FIRM REGISTRATION A1013■100 EXHIBIT "B1, MARY RHODES WATER PIPELINE —-— CENTERLINE OF HIGHWAY : '' PHASE II I. ADAM N.DIEHL,REGSTERED PROFESSIONAL LAND v3 ,QED D P.0.8. = POINT OF BEGINNING Z SURVEYOR OF TEXAS, DO HEREBY STATE THAT THIS D ��.9 T• PLAT REPRESENTS AN ACTUAL SURVEY MADE '<p:•• \ST V P.O.0 = POINT OF COMMENCEMENT NOTES UNDER MY DIRECTION TO THE BEST OF MY „ �:F.G f9F cP�• END. = FOUND 1 0.R.-OF006.RECORDS KNOMLEDGE AND ABILITY, THIS THE 20TH DAY OF •Q �: OSR = SET 5/8" IRON ROD WITH PLASTIC CAP 2. D.C.TX DEED RECORDS MAY, 201 a°•• STAMPED -BULLSEYE" /, 3 3.C.TX A JACKSON COUNTY,TEXAS • •••••ADAM N.DIEHL���p �� 4 BEARINGS ARE BASED ON A CPS SURVEY.TEXAS COORDINATE /A� O = TXD07 FOUND CONCRETE MONUMENT SYSTEM Cr 1983,SOUTH CENTRAL ZONE. ALL DISTANCES AND �� '94•''0 6346 V: ' \ COORDINATES SNOMN ARE SURFACE AND MAY 8E CONVERTED TO Q/ COMBINATION AIR VALVE /U �:;qp p; •= GRID BY aHOwC BY 1.00010(COMBINED SCALE FACTOR). • .9ti�I;FSSI�:�'�Q•• ❑ = BLOWOFF VALVE LA VA CA NAVIOAO 5. A METES AND 80)9405 DESCRIPTION OF EVEN DATE ACCOMPAMES O•' - �^ RIVER AUTHORITY THIS PLAT ADAM N.DIEHL,R.P.L.S. 6346 /a ��.-. • = CATHODIC TEST STATION _ODD REGISTERED PROFESSIONAL LAND SURVEYOR CJ w`j i�'� • COUNTY SURVEY PLAT OF SHEET DATE:DI/2.3/Z01'1 .= RECTIFIER NOT TO SCALE JACKSON I J-000 3 OF 3 LNRA Laydown Sites 4\ 70. - u Q EXHIBIT "C"fr TIF ,u T - � �ti a u SHEE + =- 1 PHASE I SHEET 6 _ i :,....,zr..: 9ccFS jj SHEET 7 S ,■ -- \ '9 ) 0 , 3 ' v s \ • e x 1 Legend allir V/I Temporary Easement for Laydown Areas #, —Permanent Easement to LNRA \ —Permanent Easement ` TemporaryEasement , —Existing Mary Rhodes Pipeline 4% Mary Rhodes Phase II Pipeline Alignment SHEET 7 4(::::: 5, 1Kit.lio SHEET 6 SHEET 5 Lavaca—Navidad River Authority Vol. 180, Pg. 500 June 26, 2001 0. R., J. C., Tx. FRANCIS F. WELL S A - 49 SHEET 2 4001! FOUND CONCRETE MONUMENT WITH BRASS DISK P.O.C. FOR ADDITIONAL TEMPORARY EASEMENT PARTS 1-6 Robert Warren Volkmer EASEMENT SUMMARY Vol. 204, Pg. 102 0' 400' 800' August 8, 2002 MI MN MINIM 0. R., J. C., Tx. — — = MIIIIIIIIII COVER SHEET � �� 226 Enterprise Partway SuNle 114 SCALE: 1" = 400' — Cez7 C'AT,TX.]8105 �; L.RO bunt/ 1,10 IAI 1341145,68 oMP.�. �:1Baalao�T6a6 LEGEND MARY RHODES WATER PIPELINE TBPIS FIRM REGISTRADON A10134100 PHASE 11 I, ADAM N OF TEXAS,REGIS HEREBY REGISTERED PROFESSIONAL /SAL LAND S ,,V'-ceO F y Cv EXHIBIT "C" ---- PROPOSED EASEMENT LINE O PLAT REPRESENTS AN ACTUAL SURVEY MADE yrf�0 h. , f'. —x— EXISTING FENCE LINE p NOTES UNDER MY DIRECTION TO THE BEST OF MY Q' O KNOWLEDGE AND ABILITY, THIS THE 13TH DAY OF '44.1.....•� '. ——— CENTERUNE OF HIGHWAY 1. D.R.-OFFICIAL RECORDS JANUARY 2014. 4 ADAMN.DIEHL p." P.O.B. = POINT OF BEGINNING �� �� 2.0.R.=DEED RECORDS «•q.....•...•..•••« P.0.6 = POINT OF COMMENCEMENT 3.J.C.Tx-JACKSON COUNTY,TEXAS -0 6348 4'REARMS ARE BASED ON A ORS SURVEY.TEXAS COORDINATE • Vo, Pv • FND. = FOUND SYSTEM 0E 1983.SOUTH CENTRAL ZONE. ALL DISTANCES / ,/ ‹"•%' (4,.-Q,• i SNONN ARE SURFACE AND MAY BE CONVERTED TO CRIB N• 09�•••FSS•�(•,,��.•� OSR = SET 5/8" IRON ROD WITH PLASTIC CAP BY DIMING BY t.00mD(COMBINED SCALE FACTOR V`'.4 STAMPED "BULLSEYE' RIVER A NA WOAD ADAM N.DIEHL,R.P.L.S. 6346 �I ��'N.., •:.!...."';Vs:... 0 = TXDOT FOUND CONCRETE MONUMENT RIVER AUTHORITY REGISTERED PROFESSIONAL LAND SURVEYOR J-000 COUNTY SURVEY PLAT OF DATE: D1/�3/Za1'1 • = CALCULATED POINT NOT TO SCALE JACKSON 1 J-000 I 1$OF 7 Lavaca—Navidad River Authority Vol. 180, Pg. 500 FRANCIS F. 1%1),‘,...S June 26, 2001 WELLS 0. R., J. C., Tx. A - 49 L2 P.O.B. LINE BEARING DISTANCE L1 N 61'41'46" E 193.67' 4l L2 S 38'43'38" E 339.16' �3. L3 S 11'22'01" W 513.37'_ •wo �� L4 N 22'03'04" W 43.64' ? <� L5 N 22'03'11" W 262.64' ,o N L6 N 22'50'30" W 106.25' 2 L7 N 23'03'41" W 319.82' O l6 is <4 FOUND CONCRETE MONUMENT WITH BRASS DISK P.O.C. FOR ADDITIONAL TEMPORARY EASEMENT • Robert Warren Volkmer EASEMENT SUMMARY Vol. 204, Pg. 102 0' 200' 400' August 8, 2002 0. R., J. C., Tx. NM MI=�— ADDITIONAL TEMPORARY EASEMENT = 3.13 ACRES (136,197.311 SQ. FT.) SCALE: 1" = 200' LEGEND I MARY RHODES WATER PIPELINE EXHIBIT "C" ---- PROPOSED EASEMENT LINE / PHASE H X EXISTING FENCE LINE NOTES CENTERLINE OF HIGHWAY -' :> 1. 0.R.=OFFICIAL RECORDS I[I(� 226 Enterprise Parkway Suite IM P.O.B. = POINT OF BEGINNING 2. D.R.=DEED RECORDS fp BULWLl j Corpus 76405 P.O.0 = POINT OF COMMENCEMENT J. J.C.,TX.JACKSON COUNTY,TEXAS LAn SuavE ri«a TN113611452-X07 4.BEARINGS ME BASED ON A CPS SURVEY,TEXAS COORDINATE ellr C ou RAey Fax:18881 896-7686 FND. = FOUND �% SYSTEM OF 1983,SOUTH CENTRAL ZONE. All DISTANCES 18115 FIRM REGISTRATION 11013/100 OSR = SET 5/8" IRON ROD WITH PLASTIC CAP SHOWN ARE SURFACE A190 MAY BE CONVERTED TO ORO LAVACA NAVIDAD BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR). STAMPED "BULLSEYE" RIVER AUTHORITY O = MOT FOUND CONCRETE MONUMENT J-000 COUNTY SURVEY PLAT OF SHEET • = CALCULATED POINT NOT TO SCALE JACKSON I J-000 I 2 OF 7 Lavaca-Navidad River Authority LS Vol. 180, Pg. 500 FRANC/S F. Alli11)11/4.1 June 26, 2001 WELLS 0. R., J. C., Tx. A - 49 frJune r P.O.B. LINE BEARING DISTANCE L1 S 85'57'00" W 678.81' •`V L2 N 01'41'05" W 96.86' h.h L3 N 64'39'14" E 538.80' o L4 N 64'23'54" E 303.71' �= L5 S 38'26'07" E 62.71' L6 S 46'08'07" W 165.48' L7 S 08'45'31" E 154.25' L8 S 43'51'57" E 17.14' L9 S 23'36'05" W 89.67' ND CONCRETE MONUMENT BRASS DISK FOR ADDITIONAL RARY EASEMENT n Volkmer g. 102 2002 0. R., J. C., Tx. EASEMENT SUMMARY 0' 200' 400' NM 1=_— ADDITIONAL TEMPORARY EASEMENT = 3.97 ACRES (173,051.696 SQ. FT.) SCALE: 1" = 200' LEGEND MARY RHODES WATER PIPELINE ---- PROPOSED EASEMENT LINE PHASE II EXHIBIT "C" X EXISTING FENCE LINE NOTES —-- CENTERLINE OF HIGHWAY _ 1. o.R.-OFFIOAL RECORDS 226En+erpke Pokxoy Suite 114 P.O.B. = POINT OF BEGINNING I 2.D.R.=DEED RECORDS i _1 BuLLS�rE corpus ctrhu.TZ.]8qs P.O.0 = POINT OF COMMENCEMENT - 3. AI TX-JACKSON COUNTY,S SURVEY,J LARD 8unvey Rc el 13611�S2a009 4.BEARINGS ARE BASED ON A CPS SURVEY,TE%AS COORDINATE L ouvARr Fax:18881896-1686 FND. = FOUND `,\•�� / SYSTEM OF 1983,SOUTH CENTRAL ZONE. ALL DISTANCES TBPLS FIRM REGSTRATIDN if 1013/100 OSR = SET 5/8" IRON ROD WITH PLASTIC CAP SHOWN ME SURFACE 0(COMBINED MAY BE CONVERTED TO CRC LA VACA NA VIDAD BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR). STAMPED "BULLSEYE" RIVER AUTHORITY O = TXDOT FOUND CONCRETE MONUMENT J-000 COUNTY SURVEY PLAT OF -• = CALCULATED POINT NOT TO SCALE JACKSON I J-000 I 35OF T7 S 43.5923" E Lovoca-Navidad 11.-1;11;1/4.1. 591.86' River Authority Vol. 180, Pg. 500 FRANCIS F. June 26, 2001 WELLS .-3. 0. R., J. C., Tx. ti A - 49 'so w. 0 A co N h P.O.B. N s 20+ 0 FOUND CONCRETE MONUMENT WITH BRASS DISK P.O.C. FOR ADDITIONAL TEMPORARY EASEMENT Robert Warren Volkmer Vol. 204, Pg. 102 August 8, 2002 0. R., J. C., Tx. EASEMENT SUMMARY o' 200' 400' -- ADDITIONAL TEMPORARY EASEMENT = 1.87 ACRES, 81,283.116 SQ. FT.) SCALE: 1" = 200' LEGEND I MARY RHODES WATER PIPELINE ---- PROPOSED EASEMENT UNE PHASE II EXHIBIT "C" X EXISTING FENCE LINE NOTES —-— CENTERLINE OF HIGHWAY d 0.R.-aFrlau RECORDS 226En1«au<�nweYwnelu P.O.B. = POINT OF BEGINNING z.0.R.=DEED RECORDS Itiaums,,,E c«P�Acm,ruX.7e.os P.O.0 = POINT OF COMMENCEMENT _ 3.J.C.,TX_JACKSON COUNTY,TEXAS LeNO SUAVE c corpus1)/5,t 4.BEARINGS ARE BASED ON A CPS SURVEY,TEXAS COORDINATE Cpyp ANy Fox:1&881896-7686 FND. = FOUND i..,i i; SYSTEM,wEIS�RvACUE AND MAY BE CIX/VERT�EO DISTANCES TORS FIRM REGISTRATION#101341C0 0 SR = SET 5/8" IRON ROD WITH PLASTIC CAP BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR). STAMPED "BULLSEYE" LAVACA NAVrDAD RIVER AUTHORITY O = TXDOT FOUND CONCRETE MONUMENT J-000 COUNTY SURVEY PLAT OF • = CALCULATED POINT NOT TO SCALE JACKSON I J-000 I 4 OF SHEET 7 S 49'44'35" E 299.44' 3, Oj• "?O,e,• N�.' �O moo, 0 N N N,) Lovaca—Navidad irs. N 43.45 08' yy H River Authority fo 310.08' Vol. 180, Pg. 500 FRANCIS F. June 26, 2001 WELLS P.O.B. \ 0. R., J. C., Tx. A - 49 \ 2 \a. 19,,j O .x.+\a \ \ 0 FOUND CONCRETE EASEMENT SUMMARY MONUMENT WITH BRASS DISK 0' 200' 400' P.O.C. FOR ADDITIONAL =Mil=Mien=IIIM ADDITIONAL TEMPORARY EASEMENT .. 2.68 ACRES (116,584.982 SQ. FT.) TEMPORARY EASEMENT SCALE: 1" = 200' Robert Warren Volkmer Vol. 204, Pg. 102 LEGEND MARY RHODES WATER PIPELINE August 8, 2002 PHASE II 0. R., J. C., Tx. ———— PROPOSED EASEMENT LINE X EXISTING FENCE LINE O `/ NOTES n n —-— CENTERUNE OF HIGHWAY EXHIBIT C �� 1. 0.R...OFFICIAL RECORDS B���s E 226 Ent pR.Poh Parkway P.O.B. = POINT OF BEGINNING 2 D.R T DEED RECORDS caRU CFr,l,S 70405 P.O.0 = POINT OF COMMENCEMENT (w 3.J.C.,TX.•JACKSON COUNTY,TEXAS 4wR SuAvx vIA Tel:1361)452-3309 4.BEARINGS ARE BASED ON A CPS ZONC.,TEXAS COORDINATE ItiP Ca NPARV Fox:18881896-]686 END. = FOUND SYSTEM OF 1983,SOUTH CENTRAL ZONE ALL DISTANCES MKS FIRM REGISTRATION 010134100 0 SR = SET 5/8" IRON ROD WITH PLASTIC CAP " SHOWN ARE SURFACE AND MAY BE SCALE FACTORY TO GRID LA VA GA NA VIDAD BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR). STAMPED "BULLSEYE' RIVER AUTHORITY O = TXDOT FOUND CONCRETE MONUMENT J-000 COUNTY I SURVEY PLAT OF • = CALCULATED POINT NOT TO SCALE JACKSON J-000 I 55OFT7 Cg cD Lavaca—Navidad River Authority Ilt‘,11., Vol. 180, Pg. 500 FRANCIS F. rk June 26, 2001 WELLS FRANCIS F. 0. R., J. C., rx. A - 49 WELLS \--b A - 49 \-ti LINE BEARING DISTANCE \.?) LI N 22'17'09" E 85.31' L2 S 74'23'33" E 94.95' L9 L3 S 78'22'56" E 133.62' L4 S 86'21'49" E 122.87' P.0.8. L5 S 89'01'18" E 129.32' L6 S 26'51'20" E 65.66' '^I L7 S 71'33'54" W 247.08' co L8 N 87'34'02" W 169.72' a0� L9 N 49'29'30" W 174.01' NI V7 -,°\rn Z 0 FOUND CONCRETE MONUMENT WITH BRASS DISK P.O.C. FOR ADDITIONAL TEMPORARY EASEMENT Robert Warren Volkmer Vol, 204, Pg. 102 EASEMENT SUMMARY August 8. 2002 0' 200' 400' 0. R., J. C., Tx. ==MI I■111111— ADDITIONAL TEMPORARY EASEMENT = 1.46 ACRES (63,497.227 SQ. FT.) SCALE: 1" = 200' LEGEND ) MARY RHODES WATER PIPELINE -——- PROPOSED EASEMENT LINE PHASE II EXHIBIT "C" N � EXISTING FENCE LINE D '/ NOTES —-— CENTERUNE OF HIGHWAY -: 1. 0.R..grEnL RECORDS 446 Enlerpee ron.wy$pi1e 111 P.O.B. = POINT OF BEGINNING �`` 2.o.R.=DEED RECORD$ Capin CMh11.iX.oo os /- 3.J.C.,TX.JACKSON COUNTY,TEXAS BoLIs G Te1136U{52 007 P.O.0 = POINT OF COMMENCEMENT BEARINGS ARE BASED ON A CPS SURVEY.IE%A$COORDINATE LAN :amyl C puv ANr Fax:3611 8961686 END. = FOUND SYSTEM OF 1983,SOUTH CENTRAL RVE AU.DISTANCES O TBPLS FIRM REGISTRATION AIOI3.Iao OSR = SET 5/8" IRON ROD WITH PLASTIC CAP SHOMN ARE SURFACE AND MAY BE CONVERTED TO GRID LA VA CA NAVIDAD BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR} STAMPED "BULLSEYE" RIVER AUTHORITY 0 = TXDOT FOUND CONCRETE MONUMENT J-000 COUNTY SURVEY FLAT OF • = CALCULATED POINT _NOT TO SCALE JACKSON I J-000 I 65 OF T7 a f_ ili1111)11/4.1, LINE BEARING DISTANCE L1 N 13'09'29" W 225.76' L2 N 1 7'58'00" W 88.58' 2 L3 N 14'57'35" W 92.78' L4 N 75'51'39" E 117.28' L5 S 16'54'00" E 450.94' L6 N 86'20'29" W 142.44' Lavaca-Navidad River Authority Vol. 180, Pg. 500 FOB. FRANCIS F. June 26, 2001 WELLS 0. R., J. C., Tx. ago/ A - 49 */ o"' oO/ / / O FOUND CONCRETE MONUMENT WITH BRASS DISK EASEMENT SUMMARY P.O.C. FOR ADDITIONAL 0' 200' 400' TEMPORARY EASEMENT ADDITIONAL TEMPORARY EASEMENT = 1.22 ACRES (52,978.245 S0. FT.) Robert Warren Volkmer Vol. 204, Pg. 102 SCALE: 1" = 200' August 8, 2002 0. R., J. C., Tx. LEGEND (1 MARY RHODES WATER PIPELINE ---- PROPOSED EASEMENT LINE I PHASE II X EXISTING FENCE LINE NOTES EXHIBIT "C" —_— CENTERLINE OF HIGHWAY �rI]Q 1. 0.R.-OFFICIAL RECOROS 226EnlerphePakwovSuxell/ POB. = POINT OF BEGINNING z.o.R.=DEED CKSON C $)BYE Co<Pw ch,I,t2IX 7Bws P.O.0 = POINT OF COMMENCEMENT x J._c.,Tx=JACKSON COUNTY,A GPO O OJA LANG Sunve vlNc Tel:13611/52-0009 4.BARINGS ARE BASED ON A GP$SURVEY,TEXAS COORDINATE L;OMPANY Ear.OMB)596-7686 FND. = FOUND '1 I BEARINGS OF ARE BASED SOUTH CENTRAL ZONE. ALL DISTANCES TBPLS FIRM REGLSTRATx7NY1013/100 OSR = SET 5/8" IRON ROD WITH PLASTIC CAP ' SHOWN ARE SURFACE AND MAY BE CONVERTED TO ORO LAVACA NAVIDAD BY DIVIDING BY 1.00010(COMBINED SCALE FACTOR). STAMPED "BULLSEYE" RIVER AUTHORITY O = TXDOT FOUND CONCRETE MONUMENT J-000 COUNTY SURVEY PLAT OF • = CALCULATED POINT NOT TO SCALE JACKSON I J-000 7 SOF 7 EXHIBIT "D" LAVACA-NAVIDAD RIVER AUTHORITY TO CITY OF CORPUS CHRISTI ACCESS EASEMENT(0.432 ACRES) METES AND BOUNDS DESCRIPTION Being a 0.432 acre of land,out of a certain tract of land conveyed to Lavaca-Navidad River Authority by deed dated June 26,2001 and recorded in Volume 180,Page 500 of the Official Records of Jackson County,Texas(0.R.,J.C.,Tx.); Said 0.432 acre tract is comprised of a portion of the Francis F.Wells Survey,Abstract 49, approximately 8 miles southeast of the City of Edna and is described by metes and bounds as follows: Commencing at a concrete monument with brass disk found for an angle point of a certain tract of land conveyed to Robert Warren Vollmer by deed dated August 8,2002 and recorded in Volume 204,Page 102,O.R.,J.C.,Tx.and an angle point of said Lavaca-Navidad River Authority tract; THENCE North 63°52'43"East,a distance of 477.58 feet to a point on the edge of an existing gravel road,for the POINT OF BEGINNING of this tract; THENCE North 42°27' 35"West,along the edge of said gravel road,a distance of 106.06 feet to a point; THENCE North 43°44' 18"West,continuing along the edge of said gravel road,a distance of 368.51 feet to a point; THENCE North 44° 19'09"West,continuing along the edge of said gravel road,a distance of 257.79 feet to a point for the beginning of a tangent curve to the right; THENCE in a northwesterly direction,along the edge of said gravel road and said curve to the right,having a radius of 211.20',a chord bearing and distance of North 15°21'25"West, 204.76 feet,an arc length of 213.76 feet to a point for the end of said curve to the right; THENCE North 13°36'20"East,continuing along the edge of said gravel road,a distance of 147.02 feet to a point; THENCE North 20°44'28"East,continuing along the edge of said gravel road,a distance of 77.36 feet to a point; THENCE North 31°43' 31"East,continuing along the edge of said gravel road,a distance of 60.86 feet to a point on the existing south line of F.M.Highway 3131 (100'ROW)per TXDOT R.O.W.Map C.S.J.No.3202-1-1 Project No.S3103(1); THENCE South 39°53' 10"East,along the south line of said F.M.Highway 3131,a distance of 25.52 feet to a point; THENCE South 36°43' 10"West,along the edge of said gravel road,a distance of 52.31 feet to a point; THENCE South 24°10'22"West,continuing along the edge of said gravel road,a distance of 73.71 feet to a point; THENCE South 13°36'20"West,continuing along the edge of said gravel road,a distance of 145.99 feet to a point for the beginning of a tangent curve to the left; THENCE in a southeasterly direction,along the edge of said gravel road and said curve to the left,having a radius of 196.20',a chord bearing and distance of South 15°21'25"East, 190.01 feet,an arc length of 198.35 feet to a point for the end of said curve to the left; THENCE South 44° 19'09"East,continuing along the edge of said gravel road,a distance of 257.99 feet to a point; 1 of 2 THENCE South 43°44' 18"East,continuing along the edge of said gravel road,a distance of 368.76 feet to a point; THENCE South 42°27'35"East,continuing along the edge of said gravel road,a distance of 106.22 feat to a point; THENCE South 47°32'25"West,a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.432 acres of land,more or less. Bearings were determined from a GPS Survey,Texas Coordinate System of 1983,South Central Zone. All distances are surface values and may be converted to grid values by dividing by 1.00010(Combined Scale Factor). A survey plat of even date herewith accompanies this metes and bounds description. I hereby certify the foregoing legal description was prepared from a survey performed on the ground and that it correctly represents the facts found at the time of the survey. vP�EOFT .� P * O • 4 . DEHL • 09 6848 4stigFSSV. 4' • az Adam N.Diehl Registered Professional Land Surveyor No.6346 State of Texas 2 of 2 111t),,A � -i CSJ.XISTING ROW F.M. HIGHWAY 3131 (100' ROW) f'�y r PER TXDOT R.O.W. MAP O 0 SCALE: 1 - 200' PROJECT NO. UNE BEARING DISTANCE TEMPORARY L1 N 42'27'35" W 106.06' EASEMENT PART 4 L2 N 43'44'18" W 368.51' (WEST DELIVERY SYSTEM L3 N 44'19'09` W 257.79' INTAKE EXTENSION) L4 N 13'36'20" E 147.02' L5 N 20'44'28" E 77.36' L., EXISTING GRAVEL ROAD \ L6 N 31'43'31" E 60.86' "" TEMPORARY L7 S 3953'10' E 25.52' � EASEMENT PART 3 L8 S 3643'10" W 52.31' -+- L9 S 24'10'22" W 73.71' —.�- �. (DRAINAGE UNE) .�••••• - UO S 1336'20" W 145.99' �2 14 L11 S 44'19'O9" E 257.99' L L12 S 43'44'18` E 368.76' P.O.B. ACCESS EASEMENT 13 4727'35" E 106.22' Lavaco-Navidad 4, L14 S 47'32'25" W 15.00' River Authority ,1').. Vol. 180, Pg. 500 �'0o CURVE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH June 26, 2001 y�^ C1 211.20' N 15'21'25 W 204.76' 213.76' 0. R., J. C., Tx. c'S t C2 196.20' S 15'21'25' E 190.01' 198.35' _ rrQF<iye Sf,"<4e oc39q C '1'r Ay P.O.C. - FOUND 'S'',0c./.;04,r ngR CONCRETE MONUMENT 2 WITH BRASS DISK 1 FRANCIS F. 46, ..) WELLS Robert Warren Volkmer 'Orp 2002 A - 49 August 8Pg. 102 EgSFMFvr 0. R., J. C., Tx. 1 EASEMENT SUMMARY ID' �C• EASEMENT LENGTH = 1,217.27 FEET .. IIIIII II����rryy ACCESS EASEMENT= 0.432 ACRES —I;BULLSE E ".&.,•,.VFa,,-7ND5 e,;+ SCALE: 1" = 200' Corps CH4T TX.18105 LAN 5"°`"c T«:U6u.4-?<IW MARY RHODES WATER PIPELINE . �' COMP♦Nr" iw(888)8361686 • TRPIS FIRM REGISTRATION 1110134/C0 LEGEND PHASE 1I I, ADAM N. DIEHL REGISTERED PROFESSIONAL LAND °°E OF TD 11 , ---- PROPOSED EASEMENT LINE SURVEYOR OF TEXAS, DO HEREBY STATE THAT THIS V,Sp�..••••o..--te EXHIBIT D ' X EXISTING FENCE LINE \ NOTES PLAT REPRESENTS AN ACTUAL SURVEY MADE .•co..v.• -,9e.`9 UNDER MY DIRECTION TO THE BEST OF MY ,.•• JQ• ..A� S —-— CEN TERUNE OF HIGHWAY I. :TS.R. afflgAL RECaitos�..; KNOWLEDGE AND ABILITY, THIS THE 20TH DAY OF .C1 /� 2 .R.-DEEO RECORDS MAY, 2013. P.O.B. = POINT OF BEGINNING 3. C..Tx=JACKSON COUNTY,TEXAS G ADAM N DIEHL'•••r•»•» »46....._.x..,, FND = POINT OF COMMENCEMENT A.SHORNGA ARS B ACE DA A A NAYY,TEXAS RTEO TO E TEM Or 19E3,Sp/H CENTRAL ICNE. ALL DISTANCES '..41., 6346 vS FND. = FOUND SHOW ARE SURFACE VALUES AND NAY BE CONVERTED TO . ("bFESS1�?pQ OSR = SET 5/8" IRON ROD WITH PLASTIC CAP GRID VALUES BY D1NpNG 8Y 1.00010(COMBINED SCALE FACTOR). • _ `C q STAMPED BULLSEYE" LA VA CA AVIDAY 5 A METES ANO BOUNDS OESCRVnON OF EVEN DATE ACCOMPANES THIS rte. RIVER AU iHORITY ADAM N.DIEHL R.PL.S. 6346 �' ' .`.,,�. 0 = TXDOT FOUND CONCRETE MONUMENT J-000 REGISTERED PROFESSIONAL LAND SURVEYOR �a;� COUNTY SURVEY PLAT OF SHEET DATE: OZ/I7/ZQ('/ • = CALCULATED POINT NOT TO SCALE JACKSON I J-000 I I OF 1 EXHIBIT C Description of West Delivery System Improvements Description of West Delivery System Improvements - Mary Rhodes Phase II Pipeline(54-inch Pipeline with Related Appurtenances) - Colorado River Water Meter and Vault - Electrical Building(With Generator) - Surge Tank - Surge Tank Drain Line - 54-inch Butterfly Valve in Vault(First Butterfly Valve) - Fiber Optic Line - West Delivery System Intake Extension Pipeline(54-inch Gravity Pipeline) - Tie-in Vault including 54-inch x 72-inch Tee,54-inch Butterfly Valve(Second Butterfly Valve), and 72-inch Butterfly Valve on existing Lake Texana intake pipeline BILL OF SALE AND CONVEYANCE OF WEST DELIVERY SYSTEM INTAKE EXTENSION Date: , 2014 Grantor: City of Corpus Christi, Texas Grantor's Mailing Address: P.O. Box 9277 Corpus Christi, Texas 78746-9277 Grantee: Lavaca Navidad River Authority Grantee's Mailing Address: P.O. Box 429 Edna, Texas 77957 Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee Grantor does hereby grant, bargain, sell, transfer, convey, assign and deliver to Grantee all right, title, and interest of Grantor in and to the: West Delivery System Intake Extension ("Improvements") as those Improvements are more particularly defined and described in the "Contract Governing Improvements to West Delivery System and the Transmission of Colorado River Water" dated , 2014 between the City of Corpus Christi and the Lavaca Navidad River Authority. TO HAVE AND TO HOLD, all and singular, the same unto Grantee to its own use forever; and Grantor warrants and agrees to defend title to the Improvements to Grantee and Grantee's successors against all lawful claims Grantor hereby represents and warrants title to the Improvements, by through or under Grantor and not otherwise and that the Improvements are free and clear of all liens, charges and encumbrances, and that Grantor has full right, power and authority to convey the Improvements and to make this Bill of Sale and Conveyance of Improvements. Grantor agrees to hereby cooperate with Grantee, take such actions and execute such other specific documents as may be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this document. Executed and effective on the date set forth on the first page above. 260070;1