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HomeMy WebLinkAboutC2014-282 - 8/21/2014 - NA Do's 2014032 385 EASEMENT AGREEMENT (Waterline) (Renewal) 1. Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, as grantor ("TAMUS"). on behalf of the State of Texas, acting by and through its duly authorized officer, and in consideration of the mutual benefits to be derived by both parties, hereby GRANTS, BARGAINS, SELLS and CONVEYS to the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, body politic, and political subdivision of the State of Texas, as grantee ("CITY"), its permitted successors and assigns, one (1) nonexclusive right-of-way waterline easement (the "Easement") under, over, on, along, and across certain property of TAMUS (the "Property"), located at 10345 Agnes Street in Corpus Christi, Nueces County, Texas, more particularly described on Exhibit A attached hereto and made a part of this Easement Agreement (the "Agreement"). The CITY's waterline is for the public water infrastructure that benefits the community and citizens of Corpus Christi, Texas, of which Texas A&M AgriLife Research ("TALR") is a part. 2. Purpose and Location of Easements. The Easement is granted solely for the purpose of constructing, laying, operating, repairing, and maintaining a sixteen-inch (16") underground water line and extends the term of an existing casement, recorded as Document Number 2004002189 of the Official Records of the County Clerk of Nueces County, Texas. A plat of the Property showing the surface areas affected by the Easement and the location of CITY's right-of-way is depicted on Exhibit B attached hereto and made a part of this Agreement. 3. Right of Access. CITY has the right of ingress and egress across the Property for the purpose of maintaining, repairing, replacing, and rebuilding the waterline. CITY agrees to occupy the surface of the Property only to the extent and for the length of time necessary for maintaining, repairing, replacing, and rebuilding the waterline. Any gate or opening used by CITY for ingress or egress in the exercise of its rights must he kept in proper condition and closed at all times. 4. Duties. If CITY or its agents, employees, or contractors damages or destroys any fence, road, bridge, culvert, building, or other improvement, or any personal property, other than its own personal property, CITY must. within a reasonable period of time, repair or replace the improvement or personal property to the extent that such improvement or personal property will, as nearly as practicable, be in like condition as before such damage or destruction. In lieu of requiring repair or replacement, TAMUS may, at its option, require that CITY pay money damages directly attributable to the actions of the CITY, including without limitation, those damages actually shown by invoice to have been incurred by TAMUS as a result of CITY or its agents or employees entering or departing the Property, or by reason of being present on the Property. CITY agrees to cooperate with TAMUS' personnel in an onsite inspection to assess any damages resulting from CITY's activities. CITY agrees to notify TAMUS five (5) business days prior to commencement of any repairs, replacements or additional construction on the Property. 2014-282 8/21/14 TAMUS Board of Regents INDEXED 5. No Fee Interest Granted. This is a grant of a nonexclusive easement only, and does not grant any fee interest to the surface, subsurface, or any interest in the minerals on or under the Property. The conveyance is made subject to any and all outstanding restrictions, reservations, covenants, conditions, leases, easements and other encumbrances filed of record or apparent on the ground. TAMUS expressly retains all rights to grant, control and renew all restrictions, reservations, covenants, conditions, leases, easements and other encumbrances, of every kind and character, on, over or under the Property. 6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §85.26(c), this grant is for a term of ten (10) years commencing January 12, 2014, and may be renewed only at the election of TAMUS. CITY expressly understands that its continued possession of the Property under this Agreement after expiration of its term, without first obtaining a renewal from the Board of Regents of The Texas A&M University System, is a violation of state law that subjects CITY to a penalty of ONE HUNDRED DOLLARS ($100) for each day of such violation. CITY agrees to pay TAMUS such penalty within fifteen (15) business days after receipt of notice from TAMUS sent in compliance with Paragraph 13 of this Agreement. CITY's payment of the penalty described above will be full satisfaction and compliance under TEX. EDUC. CODE ANN. §85.26. 7. Removal of Equipment. CITY has the right to remove its equipment at the expiration of this Agreement provided all obligations to TAMUS under this Agreement are fully satisfied. All equipment must be removed within one hundred twenty (120) calendar days from the date of termination or abandonment of the Easement granted by this Agreement. If removal causes injury to the surface or to any improvements of TAMUS, CITY will restore the surface or improvements or, at TAMUS' option, pay for such damage within sixty (60) calendar days after completion of such removal, provided TAMUS submits to CITY documentation and invoices showing reasonable, actually incurred costs incurred by TAMUS solely due to damage caused by the CITY. If CITY fails to remove the equipment within the times set forth in this Paragraph, TAMUS shall have the right to remove and dispose of the equipment and collect reasonable costs of removal and disposal from CITY, provided TAMUS submits to CITY documentation and invoices showing reasonable, actually incurred by TAMUS due solely to CITY's failure to remove and dispose of the equipment under this Agreement. 8. Nonexclusive Easement. The Easement is nonexclusive. TAMUS reserves for TAMUS and TAMUS' successors and assigns the right to full use and enjoyment of the Property and the right to convey the Property or other rights or easements to others, so long as such use or conveyance does not unduly interfere with CITY's use. 9. Hold Harmless. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, CITY AGREES TO INDEMNIFY AND HOLD TAMUS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION FOR PERSONAL INJURY OR DEATH AND/OR DAMAGE TO OR DESTRUCTION OF PROPERTY OR 2 Prepared by Office of General Counsel City of Corpus Christi/Water Line Esmnt Legal Files 2013-0034670-T010 C8.'01 i i 4-RJD • IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING FROM THE EXERCISE OF RIGHTS GRANTED TO CITY, ITS EMPLOYEES, AGENTS, OR OTHER PERSONS ACTING UNDER CITY'S DIRECTION. CITY FURTHER AGREES TO PAY ALL EXPENSES, COSTS, AND ATTORNEYS' FEES ASSOCIATED WITH SUCH CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION, AS WELL AS THOSE INCURRED BY TAMUS IN THE ENFORCEMENT OF THIS INDEMNITY PROVISION. 10. Use of Property; Compliance. Before breaking ground and during the term of this Agreement, CITY shall comply with and obtain any permits or licenses which may be required by federal, state or local statute in connection with the use of the Property, including the Antiquities Code of Texas, Chapter 191 of the Texas Natural Resources Code. CITY agrees that title to all archaeological objects and artifacts, if any, discovered in or on the Property shall remain with TAMUS. 11. Hazardous Waste. CITY will not use the Property or permit the Property to be used so as to cause, suffer, or allow any contamination of soils, ground water, surface water, or natural resources on or adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical compounds. CITY is solely responsible for cleanup of any contamination resulting from violation of this provision. IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS CAUSED OR PERMITTED BY CITY AND SUCH MATERIALS RESULT IN CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF THE PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS CAUSED BY THE CITY'S CONTRACTOR, THEN CITY SHALL, TO THE EXTENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS AND AT ITS SOLE COST AND EXPENSE, INDEMNIFY, DEFEND, AND HOLD TAMUS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES, OR LOSSES (INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS, ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS' FEES) WHICH ARISE DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH CONTAMINATION. THIS INDEMNIFICATION OF TAMUS BY CITY INCLUDES COSTS INCURRED IN CONNECTION WITH ANY INVESTIGATE THE SITE CONDITIONS AND IMMEDIATELY PROVIDE ANY CLEANUP, REMEDIAL, REMOVAL, OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF THE PRESENCE OF HAZARDOUS MATERIAL. 12. Default and Termination. It is agreed that upon default by CITY of any of the covenants and conditions set forth in this Agreement, TAMUS has the right, and such right is 3 Prepared by Of£ce of General Counsel City of Corpus Christi/Water Line Esmnt Legal Files 2013-0034670-T010 08/01!14-RJD • expressly reserved, to declare the Easement forfeited, without prejudice to any claim TAMUS may have against CITY; provided, however, TAMUS will give CITY written notice of its intention to terminate the Easement and the reasons for termination, and CITY will have sixty (60) calendar days after receipt of notice to rectify the default or violation. Upon timely correction, as determined by TAMUS in its sole discretion, the Easement will remain in full force and effect. Termination or abandonment of the Easement for any cause is automatic and all rights granted revert to TAMUS without the necessity of any further action or suit on the part of TAMUS. Upon termination or abandonment, CITY agrees to file a Release of Easement in the Deed Records of the County in which the Property is located, but if it fails to do so within thirty (30) days following written demand from TAMUS, then TAMUS shall have the right to file the Release of Easement. Abandonment will be deemed to have occurred when the Easement is not used for the purposes granted for a continuous period of one calendar year. 13. Notices. Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other commercially reasonable means and will be effective when actually received. TAMUS and CITY may change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMUS: The Texas A&M University System Office of General Counsel Attn: System Real Estate 301 Tarrow, 6th Floor College Station, Texas 77840-7896 Phone: (979) 458-6350 Fax: (979) 458-6359 Email: sreo@tamus.edu CITY: City of Corpus Christi Property and Land Acquisition Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 14. Waiver. The failure of CITY or TAMUS to insist in any one or more instances on a strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment of such covenants in future instances, but the same shall continue and remain in full force and effect. 15. Privileges and Immunities. CITY acknowledges that TAMUS is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may be provided by law. 4 Prepared by Office of General Counsel City of Corpus Christi/Water Line Esmnt Legal Files 2013-0034670-T010 08/01/14-RID 16. Governing Law and Venue. The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall be in the county in which the primary office of the chief executive officer of TAMUS is located. 17. Grammatical Interpretation When the singular number is used, it also includes the plural, and the masculine gender includes the feminine and neuter gender. 18. Headings. Headings are for reference and will not be construed to limit or alter the meaning of the provisions of this Agreement. 19. Saving Clause. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect and will not be affected, impaired or invalidated. 20. Assignment. CITY may not sell, assign, encumber or convey the Easement without the prior written consent of TAMUS and any attempt by CITY to sell, assign, encumber or convey the Easement without such consent will cause this Agreement to terminate. 21. Successors and Assigns. This Agreement and each and all of its covenants, obligations, and conditions shall inure to the benefit of and be binding upon the heirs, personal representatives, successors, and permitted assigns of the parties. 22. Entire Agreement. This Agreement constitutes the complete agreement of the parties and supersedes any prior understanding or agreement, written or oral, between them regarding the issues covered by this Agreement. This Agreement may not be modified orally or in any manner other than by agreement in writing signed by the parties hereto or their permitted successors or assigns. 23. Effective Date. This Agreement is deemed to be in force as of the 12th day of January. 2014, regardless of the date of execution. [SIGNATURES FOLLOW ON NEXT PAGE] 5 Prepared by Office of General Counsel City of Corpus Christi/Water Line Esmnt Legal Files 2013-0034670-T0I0 08/01/14-RJD • BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTE , an agency s the State of Texas /—.401r By: ../ JOHN S 2.7RP Chancellor The Texas A: Univ, System APP ' O - EI AS TO FORM: . R.J. II Assist: t t eneral Counsel Office of General Counsel The Texas A&M University System ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me this I day of August, 2014 by JOHN SHARP, Chancellor of The Texas A&M University System, on behalf of the Board of Regents of The Texas A&M University System, an -i-icy of the State of Texas. • ,►* :474,‘ TRUDY KRENEK BENNETT Notary Pub in and r = Notary Public.State of Texas The State o -xas .41 My;Qat,' April 12 2017 Expiresssion 6 Prepared by Office of General Counsel City of Corpus Chnsti/Water Line Esmnt Legal Files 2013-0034670-TO10 08/01/14-RJD TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED: CITY OF CORPUS CHRISTI, a Texas home rule municipal c.rporation 1 r By: 016 j s"WM i a/e e' /I./ 4ray P,E. TWRIe 1 Executive Director of Pu:tlic Works APPROVED AS TO FORM. t . 0 VERONICA OCA AS Assistant City Attorney STATE OF TEXAS § § COUNTY OF NUECES § �/CriC f/. 6,d,/PE • trument was acknowledged before me this Tay of August, 2014 by ` / , . , Executive Director of Public Works for the City of Corpus Christi, a Texas home rule municipal corporation, on behalf said municipal corporation. lli 3 "."' EtfSEB�GARZA III �-- *: i MY COMMISSION EXPIRES =�_ <<�'�l �I_�� "# February 14,2017 N. ary Public in and fob ., The State of Texas 7 Prepared by Office of General Counsel City of Corpus Christi/Water Line Esmnt Legal Files 2013-0034670-T010 _ ,_ _ ,`.__ 08/01/14-RID • LI LI REB ENGINEERING (361)854-3101 P O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-6001 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 0.168 acre tract of land out of the West 487.4 feet (a 55.713 acre tract) of Tract 7, Rowena Shaffer Lands, as shown in Deed recorded in Volume 1400, Page 441, Deed Records of Nueces County, Texas said 0.168 acre tract being more fully described as follows: Beginning at a point for the Northwest Corner of a 50 foot wide drainage easement recorded in Volume 1400, Page 441, Deed Records of Nueces County, Texas for Northwest corner of this easement, a point on the South right of way line of State Highway 44 and the POINT of BEGINNING: Thence N 88°37'08" E, with said South right of way line of State Highway 44, a distance of 487.03 feet to a 1 inch iron rod found for the Northeast corner of this easement; Thence S 00°41'17" E, leaving said State Highway 44 South right of way line, a distance of 5.00 feet to a point for the Southeast corner of this easement; Thence S 88°37'08" W, parallel with and 15 feet measured at right angles therefrom the South right of way line of State Highway 44, a distance of 487.03 feet to a point on the west boundary of said 50 foot wide drainage easement for the Southwest corner of this easement; Thence N 00°41'55" W, a distance of 15.00 feet to a point for a point on the South right of way line of State Highway 44 and the point of beginning and containing 0.168 acres ( 7305 square feet) of land more or less: Bearings based on GPS bearings, NAD 83, Texas South Zone. National Geodetic Survey monuments "SO- 200" (north coordinate= 17,184,313.4780, east coordinate= 1,284,1 18.4750) and "S0-230" ( north coordinate= 17,200,858.5580, east coordinate= 1,265,870.2890) were used as control points for establishing basis of bearing. - N ENGINE RING R ' • DAN LEE URBAN ,1 Dan L. Urban, R.P.L.S. °q 4710 �� 2. License No. 4710 -1• oFEssio`y0 '�O SURv�c S 3)760-A301`,A30103760tr5 doc Pace I of I 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 mail©urbaneng.com • I w Tn. o !n o0 0 t,n STATE HIGHWAY NO. 44 b r 'POINT OF BEGINNING' O o N ZFOR FIELDNOTES DESCRIPTION N88.37�08"E 487.03'\ 49.53' 4: .°F135.5.3 �S5' 1 7305 SQ. FT. FD. 3 1/2' I.R. 15' WIDE UTILITY EASEMENT 49.53' 0.168 ACRES CS883708W 17046 SQ. FT. $487.03' W 0 8 N 35' WIDE CONSTRUCTION EASEMENT 0.391 ACRES w ui fn bn F," ce o Nd En D:to 0— - 0-- 588'35'S0'1V 487.02' 7.w ce 8011 or,ia _ ffi - zU ,_o W = WEST 487.4 FEET OF' V W ROWENA SHAEFFER LANDS §a VOLUME 1400, PAGE 441, DEED RECORDS W SEl NUECES COUNTY, TEXAS priw fW DW 110,-z M W J ( M O 3 O BEARINGS BASED ON GPS BEARINGS, NAD83, TEXAS SOUTH ZONE. NATIONAL GEODETIC SURVEY MONUMENTS 'SO-200' (NORTH COORDINATE 17,184,313.4780, EAST COORDINATE.. 1,284,118.4750) AND -SO (NORTH COORDINATE Exhibit B 17,200,&58.5580. EAST COORDINATE- 1.255,870.2890) WERE Mapto Accompany USED AS CONTROL POINTS FOR ESTABLISHING BASIS OF BEARING. Tl [T COORDINATES SHOWN ARE BASED ON TEXAS STATE PLANE DATE: SEPT. 29, 2003 Y J COORDINATE SYSTEM, SOUTH ZONE (NAD83). u R BAN... N� SCALE: 1"=40' FIELDNOTES for a 0.168 acre tract of land out of the 80 40 20 0 40 80 LI - JOB NO.: 33760A3.01 West 487.4 feet (a 55.713 acre tract) of Tract 7, tedENGI R NQ SHEET 1 OF 1 Rowena Shaffer Lands, as shown in Deed recorded in 2725 s7KWB87 ovals ,7,50 ERAS 78404 79404 DRAWN BY: XC Volume 1400, Page 441, Deed Records of Nueces (3e1854-T101 Far p County, Texas. 1" 40rs1:4-6WI CHECKED BY: S:\33760-A301\A301\EX33760A31.DWG (LAYOUT 5) • Doc 201_403225,85 t Pages 10 08/21/2014 3:06PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $51.00 Any provision herein which restricts the Salm Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicaps Familial Statusy or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89, After recording, return to: STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED to' City of Corpus Christi in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED Property & Land Acquisition Division in the Official Public Records of P.O. Box 9277 Nueces County, Texas Diana T. Barrera Corpus Christi, Texas 78469-9277 , ),14441,0 u`y' . e-114444,--)