HomeMy WebLinkAboutC2016-433 - 8/17/2016 - NA PIPELINE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JACKSON §
(1) The JACKSON COUNTY NAVIGATION DISTRICT, hereinafter called
GRANTOR, hereby grants to 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"), whose address is City of Corpus
Christi, Attn: City Engineer, P.O. Box 9277, Corpus Christi, TX 78469-9277, Corpus Christi,
Texas, hereinafter called GRANTEE, GRANTEE's, successors, and assigns, an exclusive
easement for a right-of-way to construct, maintain, operate, inspect, and repair, remove and
replace one 54-inch diameter fresh water pipeline, approximately 314.79 feet in length, known as
the Mary Rhodes Water Pipeline, Phase 2, and described as follows:
An easement for a right-of-way approximately 314.79 feet long and 30 feet wide, crossing
the Navidad River, being 15 feet either side of a centerline formed by the improvements
(as hereinafter defined), as constructed (the "Premises"). If repair and/or replacement of
the pipeline is necessary, for a period not to exceed 60 days, Grantee shall be granted
additional easement width which shall be 100 feet wide being 50 feet either side of the
centerline.
The Premises are further described or depicted on the Vicinity Map, Plan and Profile
Drawings attached hereto as Exhibit A, incorporated by reference for descriptive
purposes.
(2) This easement is for a total period of fifty (50) years, beginning on April 1, 2015,
unless terminated sooner as provided for herein.
(3) As consideration for the granting of this easement, GRANTEE agrees to pay to the
JACKSON COUNTY NAVIGATION DISTRICT, at Edna, Texas the sum of Ten and no/100
Dollars, and other good and valuable consideration.
(4) Provided that GRANTEE has complied with the terms of this Pipeline Easement.
GRANTOR grants to GRANTEE the option to extend and renew this easement contract for an
additional term of fifty (50) years at the then current rate as established by the Jackson County
2016-433 INDEXED
8/17/16 2016-02439 B: OR V: 519 P: 474 EA
09/15/2016 03:57 PM Total Pages: 8 Fee: 50.00
I Barbara Earl - Jackson County, TX
Jackson County Navigation Dist
1111 FARM �:«'i1/1*NIV Rig I' �k�,V� �'Iv 11 H
completing and submitting to the Grantor for approval, an application for renewal no later than
thirty (30) days after providing notice-to-renew as mentioned above, and by paying the renewal
fee as mentioned above.
(5) In addition to the rental, GRANTEE shall pay and discharge all taxes, general and
special assessments, and other charges of every description which during the term of this easement
may be levied on or assessed against the land or the improvements constructed upon the above-
described premises, provided that such taxes result from this easement. GRANTEE shall pay all
such taxes, charges, and assessments to the public office charged with the collection thereof not
less than five (5) days before the same shall become delinquent, and GRANTEE, to the extent
allowed by law, agrees to indemnify and hold GRANTOR harmless from all such taxes, charges,
and assessments.GRANTEE shall have the right in good faith at its sole cost and expense to contest
any such taxes, charges, and assessments, and shall be obligated to pay the contested amount only
if and when finally determined to be owed.
(6) It is agreed that when any structure is placed on the right-of-way herein granted, the
location of the easement shall thereby become fixed at the location of such structure,and the course
and location of said easement shall not be changed except by agreement with the JACKSON
COUNTY NAVIGATION DISTRICT and any other governmental agency with jurisdiction over
same. No above ground structures shall be placed within this easement except pipeline markers
and warning signs when and where and only as required by applicable laws and regulations or as
requested by the JACKSON COUNTY NAVIGATION DISTRICT.
(7) GRANTEE is hereby granted the right of ingress and egress to and from said right-of-
way for the purpose of constructing, inspecting, maintaining, operating, repairing, removing and
replacing said pipeline, and such right is not granted for any other purpose. GRANTEE agrees to
occupy the land only to the extent and for the length of time necessary to construct, inspect,
maintain, operate, repair, said pipeline.
(8) GRANTEE shall not assign or sublease the rights granted in this easement in whole or
in part to any third party for any purpose without the prior written approval of the JACKSON
COUNTY NAVIGATION DISTRICT, which will not be unreasonably withheld.
(9) GRANTEE shall permit GRANTOR's agents, representatives, and employees to enter
into and on the above-described premises at all reasonable times for the purpose of inspection and
300809v1 2
for any other reasonable purpose necessary to protect GRANTOR's interest in the above-described
premises.
(10)GRANTOR reserves the right to use any or all of the area contained within the above-
described premises for any purpose not inconsistent with the use of the easement by the
GRANTEE, and provided such use does not interfere with GRANTEE's use of the easement.
(11)GRANTEE shall use the industry standard of care and all proper safeguards to prevent
pollution of air, ground, and water in and around the above-described premises and shall comply
with all laws and regulation applicable and necessary for the protection and preservation of public
lands and waters and shall be responsible for all damage of any nature arising from such pollution
caused by Grantees, or contributed to by Grantee's use of the above described premises.
(12) If a leak occurs in a pipeline, Grantee shall take all necessary and appropriate action
to prevent further release, as comports with industry practice or complies with applicable
regulatory requirements, and notice thereof shall be promptly given to the JACKSON COUNTY
NAVIGATION DISTRICT.
(13) GRANTEE agrees to keep the JACKSON COUNTY NAVIGATION DISTRICT
informed of GRANTEE'S current address and agrees to inform the District of any change of
address of GRANTEE or change of ownership of this pipeline prior to any such change.
(14) GRANTEE shall not use, or permit the use of, the premises for any illegal purposes.
GRANTEE will comply, and will cause its officers, employees, agents, invitees, representatives
and contractors to comply,with all applicable laws,ordinances,rules,and regulations of governing
agencies concerning the use of the premises.
(15) TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND,
INDEMNIFY, PROTECT AND HOLD HARMLESS GRANTOR, GRANTOR'S
REPRESENTATIVES, SUCCESSORS, ASSIGNS, TRANSFEREES, EMPLOYEES, AGENTS,
, AS WELL AS, OFFICERS, DIRECTORS AND RELATED OR AFFILIATED ENTITIES
FROM ANY AND ALL LIENS, CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT
LIMITED TO ATTORNEY'S FEES, ACCOUNTANT'S FEES, ENGINEER'S FEES,
CONSULTANT'S FEES AND EXPERT'S FEES), EXPENSES, DAMAGES, LOSSES AND
CAUSES OF ACTION FOR DAMAGES BECAUSE OF INJURY TO PERSONS (INCLUDING
DEATH) AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR
IMPROVEMENTS ARISING FROM OR CAUSED BY THE ACTS AND/OR OMISSIONS OF
300809v1 3
GRANTEE. THE INTENT OF THIS INDEMNITY PROVISION IS TO PROVIDE
INDEMNITY FOR GRANTOR SO THAT GRANTOR SHALL NOT BE LIABLE FOR OR
SUFFER ANY FINANCIAL LOSS FOR ANY CLAIMS, DEMANDS, COSTS, EXPENSES,
DAMAGES, LOSSES, CAUSES OF ACTION OR SUITS FOR DAMAGES BECAUSE OF
INJURY TO PERSONS OR PROPERTY ARISING FROM OR CAUSED BY GRANTEE'S
NEGLIGENCE, GROSS NEGLIGENCE ON GRANTOR'S LANDS. NOTWITHSTANDING
ANYTHING HEREIN TO THE CONTRARY, THIS INDEMNITY IS NOT INTENDED TO
AND DOES NOT PROVIDE FOR INDEMNIFICATION ARISING FROM OR CAUSED BY
GRANTOR'S NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(16) In the event that GRANTEE fails to pay any money due under the terms of this
Pipeline Easement when the same becomes due,or in breach of any condition or covenant set forth
herein, JACKSON COUNTY NAVIGATION DISTRICT shall have the right, at its option, after
giving GRANTEE thirty (30) day notice of said breach or default, and the opportunity to cure or
correct said breach or default, to terminate this Pipeline Easement and terminate all rights inuring
to the GRANTEE herein by sending written notice of such termination by United States Mail to
the last known address of GRANTEE. If said breach or default is not cured or in the continuous
process of being cured within said thirty (30) day time period, this Pipeline Easement shall then
terminate and all rights granted herein to GRANTEE shall then terminate, subject to reinstatement
by the JACKSON COUNTY NAVIGATION DISTRICT, at its option. Such termination shall not
prejudice the right of GRANTOR for any claim of money due by GRANTEE or shall limit the
duty to clean up and restore the premises by GRANTEE.
(17) GRANTEE shall remove personal property and above ground structures, and man-
made improvements authorized by this agreement and shall abandon in place all below ground
structures, and man made improvements authorized by this agreement within one hundred twenty
(120)days from the date of termination of this easement. Upon written request from GRANTEE,
the JACKSON COUNTY NAVIGATION DISTRICT in its discretion may grant a written waiver
of the requirements in this paragraph if it deems such waiver is in the best interest of the District.
(18) GRANTEE agrees to maintain said pipeline at the same depth as originally installed.
. IN TESTIMONY WHEREOF,witness my hand this V`1 4-1'‘day of A v,q r„5 4- ,2016,
EFFECTIVE April 1,2015. �J
300809v1 4
GRANTEE: GRANTOR:
CITY OF CORP S C ' IS II, TEXAS JACKSON COUNTY NAVIGATION
DISTRICT
By: £0 ' By: .)64'
Val; . Gray, P. . %Exe,utive Gary W. Olson hairman of the Jackson
Direct, Public Wor s County Navigation District
Approved as to form:
By: 4A.A2--z
Lisa Aguilar, Assista ity Attorney
For the City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this 1'1 4-1' day of
A UcuK c4 , 2016 by Valerie H. Gray, P.E., Executive Director of Public Works
of the City of Corpus Christi, Texas, on behalf of said City of Corpus Christi.
► : ' _ . i.., State ofTe
BOBBY CARROLL Imo,JR.
. MY COMMISSION EXPIRES
,�# Deoembet5,2018
THE STATE OF TEXAS §
COUNTY OF JACKSON §
This instrument was acknowledged before me on this ( J1Aday of ,
2016 by GARY W. OLSON, as Chairman of the JACKSON COUNTY _ AVIGATION
DISTRICT.
1it
Notary Public, State of Texas
MICHELLE HOLT
300809v 1 5 I! 14#4(11: STATE OF TEXAS
w•. 1001 •-•11320
Cantu. •.Jen.• 2018
EXHIBIT A
MARY RHODES WATER PIPELINE PHASE II
CITY OF CORPUS CHRISTI, TEXAS
54" WATER PIPELINE CROSSING N
NAVIDAD RIVER
JACKSON COUNTY, TEXAS
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VICINITY MAP
NOTES:
1.BEARINGS ARE BASED CN A GPS 9JRVEY. TEXAS COORDINATE SYSTEM OF 1983,SOUTH CENTRAL 0 10,000 0,000 20,000
ZONE. ALL DISTANCES AND COORDINATES SHOWS ARE SURFACE AND MAY BE CONVERTED TO GRID p
2BY 00(10iNC BY. THE UNIT OF MEASURE I010 S U.S BIN(COMBINED FOOT FACTOR) v<1.c‹ .t� OF rn• 1
3.CROSS SECTION DATA PROVIDED BY OTHERS. A •�o..,••\STE�•..
o ��Q�G q,•�• SCALE 1" = 10,000 FEET
LEGEND A
-FOUND AS NOTED 4 • ADAM N.DIEHL
•
• - SET 5/8'IR W/PLASTIC CAP STAMPED 'BULLSEIE' 1...,
(UNLESS OTHERWISE NOTED) `. .A �c Y 226 Emerpne Partway 75405 Solt. 14
O.R.J.C.,TX-OFFICIAL RECORDS C£JACKSON COUNTY, TEXAS X46 Vl W 1 Corpus CMis1,'k
• • E Tel ;361 1452.3004
DR...LC..TX-DEED RECORDS OF JACKSON COUNTY. TEXAS *.A' (-111:4',"' '-, 1 LANG Suaver�N0 Fa..18681896-7686
• 9'•..FSS�
M.R.,J.C.,TX-MAP RECORDS OF JACKSON COUNTY, TEXAS I• �O ��• COMP ANS 'MKS Firm RegistrationNo.10134100
P.O.C. - POINT OF COMMENCING d,-\11„,..-
F.O.B.
.-V
P.O.B. - POINT OF BEGINNING �, - .►-
R.O.W - RIGHT OF WAY -�•. DATE: APRIL 15, 2014 REVISION DATE SHEET
E-PROPERTY LINE ADAM N.DIEHL.IRP.L.S 0346 SCALE: 1 : 10.000
CL. - CENTERLINE RECOVERED PROFESOOVAL LAND SORvEYM DRAWN BY: AF 1 OF 2
DATE:0w/d/rot N REVIEWED BY. AD
•
EXHIBIT A
FRANCIS F.
WELLS
SURVEY
ASSTRAC r
NO. 78 P.0.8. END EASEMENT C.L. N
JACKSON Co. TX N=13,513,980.70
N=13,513,980.23
E=2,742,983.11 S 89'54'55" E E=2,743,297.90
314.79' STEPHEN F
w AUSTIN
LAVARA VIDAR SURVEY
RIVER AUTHORITY ABSTRACT NO. 5
VOL. 180, PG. 500 JACKSON CO. TX
JUNE 26, 2001 C.L. 40' WIDE EASEMENT
0.2891 ACRE
0. R., J. C., TX
12,592 SQ. FT.
,
W
' NAVIDAD RIVER ANITA L. KOOP
P.O.C. FOUND *%�
CONCRETE �rn N.
VOL. 287, PG. 390
(TRACT 2)
MONUMENT WITH 5t
BRASS DISK o JULY 31, 2006
N=13,513,430.96 2 0. R., J. C., TX
E=2,742,887.85
1
HIGH BANK A c'< G18TF9�. �••
ROBERT WARREN VOLKMER v Q' * a\
VOL. 204, PG. 102 4 ADAM N.DIEHL !,«•D HIGH BANK
AUGUST 8, 2002 •«•; t..«
0. R., J. C., TX q 6346 „•
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-20 -- - - - -20
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_60 TOP OF PROPOSED _ -6C
54" PIPELINE
-80 _ -8C
3657+00 3656+00 3655+00 3654+C0 3653+0C
PROFILE MARY RHODES WATER PIPELINE
PHASE II
60 120
226 Enterprise Parkway Suite I 14
46 BRIBEYE
Corpus Christi T%.78405
RCA!F — !1 F C T Tel:1361 1452-3009
Lx 4O SURVE,' fax;)888)896-7686
COMPANY TBPLS Firm Registration No.10134100
DATE. APRIL 15. 2014 REv1SION DATE SHEET
EASEMENT LENGTH = 314.79 FEET SCALE. 1 60
EASEMENT AREA = 0.2891 ACRE (12,592 SQ. FT.) DRAWN BY; AF . 2 OF 2
REVIEWED BY. AD
FILED and RECORDED
Instrument Number: 2016-02439 B: OR V: 519 P: 474
Filing and Recording Date: 09/15/2016 03:57:57 PM Recording Fee: 50.00
I hereby certify that this instrument was FILED on the date and time stamped heron and RECORDED
in the OFFICIAL PUBLIC RECORDS of Jackson County,Texas.
ir
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OF I. gaA 121161AfA- -4'>Lj‘"
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* t' '� * Barbara Earl, County Clerk
s Jackson County, Texas
rg '
tE OFle*
ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF
THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER
FEDERAL LAW AND IS UNENFORCEABLE.