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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 , .c..-..._---T_ 11, I 1111111WLAKE1\Ili: \ TEXANS -1----H gigii -i-iii-A111 `` I �`� CROSSING LOCATION! 17 j I • —=1 1 1 J / ( II 6 a` LO ITA A WARD / L.___r i : _ VANDERBILT 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 „• •'%11.-..fE8S10,'1'' PLAN /:\°s4 ...;r O 4f/ /, O)1/ LL Cr o� z� —1 0 20 -. 1t Q 2.. H W Q - (3Z -20 -- - - - -20 -40 -40 i i _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 tr OF I. gaA 121161AfA- -4'>Lj‘" l " 9 Z * 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.