HomeMy WebLinkAboutC2015-264 - 9/2/2015 - NA Doc: 2015034936
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City of Corpus Christi
Department of Capital Programs
Property and Land Acquisition Division
Tuloso Road,E12094,Parcel 1
RIGHT-OF-WAY EASEMENT AGREEMENT
This Agreement, dated this 2ivQ day of , 2015, between HOUSTON PIPE LINE
COMPANY LP, a Delaware limited partnership, whose ma Il'ing address is 1300 Main Street, Houston, Harris
County, Texas 77002 (hereinafter referred to as "Grantor", whether one or more), and the CITY OF CORPUS
CHRISTI,TEXAS,a Texas Home Rule municipal corporation,whose mailing address is 1201 Leopard Street,Corpus
Christi, Nueces County, Texas 78401, and its successors, legal representatives and assigns (such entity and its
successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100
Dollars($10.00)and other good and valuable consideration paid by the Grantee,the receipt and sufficiency of which
are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee, a free and uninterrupted use,
liberty,privilege and unobstructed right-of-way easement going in, on, over, under and along a certain tract of land
owned by the Grantor and situated in Nueces County, Texas and described in the attached "Exhibit A"
("Premises").
See the Metes and Bounds property description attached and incorporated as"EXHIBIT A"
("PREMISES") and a Plat showing the location with description of the RIGHT-OF-WAY
EASEMENT as attached and incorporated as"EXHIBIT B"("PREMISES").
It is further agreed as follows:
1. The right to use this Right-of-Way Easement shall belong to the Grantee and its agents, employees, designees,
contractors, franchisees guests, invitees, successors, legal representatives and assigns, and all those acting by or on
behalf of it for the purposes of constructing, operating, maintaining and repairing streets, sidewalks, curbs, gutters
and appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages, and all other
vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along and
upon said Premises,as well as to lay,operate,inspect,replace,repair,service and maintain public utility lines, storm
sewers, and franchised utility lines in, on, over, under and along said Premises. Grantee, and its franchisees, shall
have the right of free ingress, egress and regress over and across the Premises owned by Grantor to survey and
conduct reasonable and necessary construction activities.
2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper
lateral and subjacent support for and drainage for the Project,Premises and appurtenances related to this project.
3. Grantor may not use any part of the Premises if such use may damage, destroy, injure, and/or interfere with the
Grantee's use of the Premises for the purposes for which the right-of-way easement is being sought by Grantee.
Grantor is not permitted to conduct any of the following activities on the Premises without the written permission of
Grantee: (1)construct any temporary or permanent building or site improvements, other than approved driveway or
utilities;(2)drill or operate any well; (3)remove soil or change the grade or slope;(4)impound surface water;or(5)
plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that may interfere with
the purposes for which this Right-of-Way Easement is being acquired may be placed, erected, installed or permitted
upon the Premises without the written permission of Grantee. Grantor further agrees that it will not interfere in any
manner with the purposes for which the Right-of-Way Easement is conveyed. Any improvements,whether above or
below ground, installed by Grantor prior to the date that Grantee acquires possession of the Premises, may be
removed by Grantee at Grantee's cost and payment made to Grantor for damages.
4. Grantee has the right to trim or cut down or eliminate trees or shrubbery to the extent, in the sole judgment of
Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the
Premises and to remove possible hazard thereto, and the right to remove or prevent the construction of, any and all
buildings, structures, reservoirs or other obstructions on the Premises which, in the sole judgment of the Grantee,
2015-264
9/02/15
Houston Pipe Line Company LP IN
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may endanger or interfere with the efficiency, safety, or convenient operation of the project and appurtenant
facilities.
5. Grantor shall retain all the oil, gas, and other minerals in, on and under the Premises; provided, however, that
Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the
Premises, but it will be permitted to extract the oil and other minerals from and under the Premises by directional
drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the
Grantee's use of the Premises for the purposes for which the right-of-way easement is being sought by Grantee.
6. Upon completion of the project construction, permanent fencing destroyed or disturbed by project construction
activities shall be reinstalled by Grantee, at Grantee's sole expense, along the same alignment and approximate
location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees agree to
keep all gates in fences closed at all times located on the remainder portion of Grantor's property.
7. Grantee agrees that after it has exercised its rights to use this Right-of-Way Easement in any manner that disturbs
the surface of the Premises, it will restore the surface to the condition in which it was in prior to the use of this
Right-of-Way Easement except as the surface may be permanently modified by the use of this Right-of-Way
Easement.
8. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss
from personal injury, property damage resulting from or arising out of the use of the right-of-way easement by
Grantee, its servants, agents or invitees, and the installation, use, maintenance, repair or removal of project material
by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be
due to or caused by the acts of Grantor, or its servants, agents or invitees.
9. Grantee shall have the right to assign this right-of-way easement, in whole or in part, to one or more assignees,
once approved by Grantor, which approval will not be unreasonably withheld. The right-of-way easement shall be
in perpetuity, and provisions of this Right-of-Way Easement, including all benefits and burdens, shall run with the
land. The undersigned warrant that they are the owner(s) of the property herein described and have authority to
execute this agreement on behalf of the parties to this agreement. Grantor hereby binds himself, his heirs, legal
representatives and assigns to warrant and forever defend all and singular the above described right-of-way
easement and right, unto the said Grantee, and Grantee's successors and assigns, against every person whomsoever
lawfully claiming or to claim the same, or any part thereof.
10. This right-of-way easement shall be interpreted in accordance with the laws of Texas and all applicable federal
laws.
11. This right-of-way easement may be signed in counterparts and all such counterparts shall be deemed as originals
and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors
and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party.
12. This Right-of-Way Easement Agreement contains the entire agreement between the parties and there are not
any other representations or statements, verbal or written that have been made modifying, adding to, or changing the
terms of this Right-of-Way Easement Agreement.
101715.1
%0 .-ft71----4 ',
' EXECUTED this ��" day of 2015. .
Grantor:
HOUSTON PIPE LINE COMPANY LP
By: HPL GP,LLC,its l eneral part i •
Name:(Printed ___„,,,,/ L111111111911mor
Signed: A___:-.1_, 0-- /GIS
Vice President
Title: Land and Right OtWay
ACKNOWLEDGMENT
State of Texas
County of Harris
On this( /day -,' l. {:• '1"--
(1,1 , 2015. before me 1'-'l t `''L-I' t"I�{'_U k ! otary Public.
duly commissioned, qualified, and acting within and for the State and County aforesaid, appeared in person Robert
Rose, Vice President of Land and Right-of-Way for HPL GP, LLC. parent company to Houston Pipe Line Company
LP, a Delaware Limited Partnership, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged that he/she/they had so signed. executed, and delivered said
instrument for the purposes therein mentioned and set forth.
TES1jIMONY WHEREOF, I have hereunto set my hand and official seal this / /v day of
L/t,11,/�'ft."fit`' . 2015.
'(-04 '1' 7)\--' _
DONNNWP6-IE S Te'3 Notary Public G ,
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os ri
.* '�.v vc'Mnh p, 2016 My Commission Expires:'-
ACCEPTED for t ity of rpus Christi,Texas, a municipal corporation and body politic under the laws of the State of
Texas,on Gam^' r2— , 2015.
GRANTEE:
CITY OF CORPUS CHRISTI,TEXAS
P.O.Box 9277
City Hall, 1201 Leopard Street,Third Floor
Department of Capital Programs
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi,Texas 78469-9277
r
By: Ali
Valerie ''.Gray, '.E.
E •cutive Directo of P blic Work'
THE STATE OF TEXAS §
COUNTY OF NUECES § /J L
This instrument was acknowledged before me on Gdlet, day ofT ,2015 by Valerie H.Gray,P.E.,
as Executive Director of Public Works for the City of Corpus Christi, F xas,a Texas municipal corporation, on behalf of said
corporation.
Not Public in and for the St• e o exas
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{Seal} :C'n`n3t. EUSEBIO GARZA III
* :•) MY COMMISSION EXPIRES
' ,i,x. February 14,2017
APPROVED AS TO LEGAL FORM,THIS 2 Z DAY OF AS1Asr ,2015.
FOR THE CITY ATTORNEY
By. Z �'L-e4
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Jan Kellogg,Assistant City Attorne
CITY LEGAL DEPARTMENT
101715.1
City of Corpus Christi (Tuloso Road)
Property Description
Parcel 1
Being 0.020 of an acre (890 square feet) of land, more or less, and being out of and a
part of Lot 32 of the H. B. Sheppard Farm Lots in Nueces County, Texas, a plat of said
Farm Lots recorded in Volume "A", Page 51 of the Nueces County Plat Records, and
more particularly being out of and a part of that 1.0 acre tract described in a Warranty
Deed from Pinnacle Properties to Houston Pipeline Company, dated September 9,
1998, recorded in Document # 1998041841 of the Official Public Records of said
Nueces County. All references herein to Centerline Stations are based on the proposed
Tuloso Road centerline from the new schematic developed for this project. Metes and
bounds description of said 0.020 of an acre parcel is as follows:
COMMENCING at a 5/8" iron rod found for a southerly corner of said 1.0 acre tract,
same being in the existing northerly right-of-way line Leopard Street, thence as follows:
1) North 33° 16' 33" West (called North 32° 37' 11" West) along the existing
chamfered right-of-way line from Leopard Street to Tuloso Road and along the
southwesterly line of said 1.0 acre tract, a distance of 70.00 feet to a 5/8" steel
rod with red plastic cap stamped "Maverick Eng. Property Cor." set for the
southeast corner of said 0.020 of an acre parcel, same being 72.81 feet right of
Tuloso Road Centerline Station 10 + 96.91 and having State Plane Coordinates
of x = 1,299,850.75 and y = 17,186,840.53 and being the POINT OF
BEGINNING;
2) THENCE North 33° 16' 33" West (called North 32° 37' 11" West) continuing
along said existing chamfered right-of-way line from Leopard Street to Tuloso
Road and along said southwesterly line of 1.0 acre tract, a distance of 56.79 feet
to the West corner of said 1.0 acre tract, same being in the existing westerly
right-of-way line of Tuloso Road and the North corner of said 0.020 of an acre
parcel;
3) THENCE North 00° 42' 35" West (called North 00° 00' 08" East) along the upper
West line of said 1.0 acre tract and along said existing easterly right-of-way line
of Tuloso Road, a distance of 58.23 feet to a 5/8" steel rod with red plastic cap
stamped "Maverick Eng. Property Cor." set for the North corner of said 0.020 of
an acre parcel, same being 41.99 feet right of Tuloso Road Centerline Station 12
+ 02.93;
4) THENCE South 16° 47' 01" East along the proposed easterly right-of-way line of
Tuloso Road and crossing said 1.0 acre tract a distance of 110.41 feet to the
POINT OF BEGINNING, containing 0.020 of an acre (890 square feet) of land,
more or less. All bearings are on the Texas State Plane Coordinate System,
NAD 83 (2011 Adj.) South Central Zone (4205). All coordinates and distances
Parcel 1, Sheet 1 of 3
Exhibit A
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are based on the National Geodetic Survey Monument "SN170". Coordinates
and distances shown are both grid and surface (no surface adjustment factor is
necessary).
I hereby certify the foregoing property description was prepared from a survey
performed on the ground and that it correctly represents the facts found at the time of
the survey. A survey plat of even date herewith accompanies this property description.
pez:44 gyA ci #4.4
/P���s rfR�. �
I .�� * °:�'4 Patrick Matusek
PATEEIZIAATUSEK - Registered Professional Land Surveyor
.v ?0 4518 ,04,2-; Maverick Engineering, Inc., Firm No. 100491-02
114 S: ... .. " License No. 4518, State of Texas
suR� Surveyed September 11, 2014
Parcel 1, Sheet 2 of 3
1 / SCALE:1"=30'
N00°34.32'W 1_052.80'_.
10+00 PROPOSED TULOSOROADCENTERLINE • •
12+00
• NW CORNER
F- 1.0 ACRE TRACT
W
LU N00°42'35"W 58.23' sR
IX
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CO 19
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III STA.12+02.93
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�,� 41.99'RT.
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0 3'5 A1° A�,
LU -a1'°1 0.020 OF
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• s� AN ACRE
rn7 o sRZi
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K 1°. P.O.B.
= / STA.10+96.91
3' 72.81'RT. D
CP �P.O.C. 6 3 X=1299850.75 0 0
/ 5/8"IRON °'� Y=17186840.53 & w O
ROD FOUND '53 ?
03 HOUSTON PIPELINE COMPANY
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/ (DOC.#1998041841, O.R.) la z
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.73
D FARM L OTS"
y B• Syls'PPA�L LOT 32
A PARO
T 51, F.
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(V0L•
WPMAVERICK
ENGINEERING,INC.
FIRM #100191-oz LEGEND N 0 T E 5
318 E. MORRIS ST., VOAKUM, TX 77995
DENIAL OF ACCESS LINE 1. O.R. = NUECES COUNTY OFFICIAL RECO DS
PHONE(361)293-2725 FAX(761)293.-1776 ► ---N------ LINE NOT 2. D.R. = NUECES COUNTY DEED RECORDS
I HEREBY CERTIFY THIS SURVEY WAS OF x EXISTING SCALE FENCE 3. P.R. = NUECES COUNTY PLAT RECORDS
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••••" •T �� EXISTING R.O.W. LINE 4. BEARINGS ARE ON THE TEXAS STATE P NE COORDINATE
PERFORMED ON THE GROUND UNDER , •1 S T.
MY SUPERVISION, AND THAT THIS PLAT �Q:�6 E'9 - PROPOSED R.O.W. LINE SYSTEM. NAD83 (2011 ADJ.) SOUTH CE TRAL ZONE(4205).
CORRECTLY REPRESENTS THE FACTS ,-0.•Q- p.,N R PROPERTY LINE GRID AND SURFACE COORDINATES AND D STANCES ARE IDENTICAL,
FOUND AT THE TIME OF THE SURVEY. A . 4 - EASEMENT LINE (NO CONVERSION FACTOR).
PROPERTY DESCRIPTION OF EVEN DATE PATRICK MATUSEK 0. — EXISTING STATE ACQUISITION
CITY NAME SURVEY PLAT OF COUNTY
HEREWITH ACCOMPANIES THIS PLAT. , .'0 • , 0 S = SET 5/8" STEEL ROD WITH CORPUS NUECES y
P°4F,...,414114, i
9 4518 ,:Q' RED PLASTIC CAP STAMPEDCHRISTI PARCELJ v t' O , Y MAVERICK ENG. PROPERTY COR."V 'A•-�;E S S 1°.•4 I 0 = NOTHING SET OR FOUND CITY PROJECT #E12094 HIGHWAY NAME
PATRICK MATUSEK A-✓Q ••....•' . P.O.B. = POINT OF BEGINNING TULOSO ROAD
REGISTERED PROFESSIONAL LAND SURVEYOR A` SUR 'o• P.O.C. = POINT OF COMMENCING ROW 0.020 AC. SHEET
LICENSE NO. 4518, STATE OF TEXAS y R.O.W. = RIGHT-OF-WAY
SURVEYED SEPTEMBER 11, 2014 ACQUISITION 890 S.F. 3 OF 3
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Doc; 20150 X34936
TPages 8
09/02/2015 4:28PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $43.00
Any Provision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS�p'
r r
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AFTER RECORDING RETURN TO:
CITY OF CORPUS CHRISTI
ei CAPITAL PROGRAMS
PROPERTY & LAND ACQUISITION DIVISION
P.O. BOX 9277
CORPUS CHRISTI, TEXAS 78469-9277