HomeMy WebLinkAboutC2018-715 - 11/13/2018 - Approved a4 f..ff B,.3 201.80E-164-
LICENSE
0A.80164LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement ("Agreement") is entered into by and between the City of Corpus Christi
("City"), a Texas home-rule municipal corporation, and Christus Spohn Health System
Corporation ("Licensee"), a Texas nonprofit corporation, whose business address is 600
Elizabeth Street, Corpus Christi, Texas 78404.
WHEREAS, Licensee owns the real property and improvements located at 600
Elizabeth Street, Corpus Christi, Texas, and being more particularly described as Block
IIA, Lot 4A, and Block X, Lot 1A, of the Ocean View Addition Subdivision ("Property"),
as shown in Exhibit A, C, E and G; and
WHEREAS, Licensee wishes to construct private utilities (hereinafter "Improvements"),
which will encroach in a City right-of-way at Elizabeth Street (hereinafter"Premises"), as
shown in Exhibit B, D, F and H;
WHEREAS, Licensee has requested City allow the use and occupancy of the Premises
for Licensee's Improvements; and
WHEREAS, Use Privilege Agreement is synonymous with License
NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
In accordance with Article IX, Section 1, of the City's City Charter and in consideration
of a payment of$60,000.00 paid by Licensee, the receipt of which is acknowledged, the
City has granted and by these presents does grant to Licensee, for the term and upon
the conditions stated in this Agreement, a License for the right to install, operate,
maintain, repair and remove Improvements on Premises. The area in which the License
is granted for the location of the Improvements is referred to in this Agreement as the
"License Area." Licensee agrees that the Improvements shall not be expanded,
enlarged or altered in any way nor shall the height or stories be increased without the
prior written approval of City.
The License granted by this Agreement is issued to the Licensee only. This Agreement
may not be assigned by Licensee without the City Manager's prior written consent.
Licensee must notify the City if Licensee sells or transfers ownership of the
Improvements.
The License granted by this Agreement is subject to the Licensee's compliance at all
times with the following conditions.
C2018-715
11/13/18
Ord. 03158 Page 1 of 9
Christus Spohn Health System
SCANNED
A. This Agreement, and the rights granted under the Agreement, may be
revoked at any time by the City upon providing the Licensee not less than 30
days' notice, in writing, by the City's City Manager or designee ("City
Manager"). In the event of a revocation by the City Manager or earlier
termination of this Agreement by either party, no portion of any payment
made under this Agreement is refundable to the Licensee.
B. This Agreement is for a term of one year from the date of execution by the
City. At the end of the initial term, this agreement renews automatically,
subject to termination under Section A above. It also terminates if Licensee
discontinues or abandons the use of the Improvements. This License is made
expressly subject and subordinate to the right of the City to use the Premises
for any public purpose. In the event that City gives notice of termination under
Section A, Licensee shall at its sole cost and expense make or cause to be
made the removal of the Improvements. Licensee shall reimburse City for the
cost of City's removal of the Improvements if Licensee does not remove them
within the notice period.
C. The City reserves the right to construct, maintain and/or modify city-owned
facilities, including but not limited to, street and utility improvements. The City
will provide 30 days written notice to the Licensee when the City has
determined that removal, relocation or alteration of the Improvement is
reasonably necessary for construction, maintenance, modification or
operation of city-owned facilities. The Licensee shall promptly make the
required adjustments. The required work will be done at Licensee's expense.
D. The Licensee agrees to comply with City Code of Ordinances Chapter 35,
Article VII and Chapter 49, Article VII.
E. The Licensee shall provide the City with a 3-dimensional map of the
Improvements accurate to within 1 foot and GIS coordinates, which will be
included with this Agreement as Exhibit I and 2D dwg file must be submitted
for the as-builts.
F. The Licensee shall mark all Improvements located on City Premises with
magnetic marking tape if the utility is located underground.
G. The Licensee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the License Area granted under
this Agreement and the activities authorized by this Agreement. The types of
required insurance coverages must be in the minimum amounts set forth in
the attached Exhibit J, the substantive content of Exhibit J being
incorporated by reference into this Agreement as if fully set out here in its
entirety. The insurance policies must name the City as an additional insured
and may not be canceled, renewed or materially changed by Licensee unless
at least ten (10) days advance written notice has been provided to the City.
UPA Page2of9
Upon the City Manager's written request, Licensee shall provide copies of all
requested insurance policies to the City's City Attorney.
H. Should construction be deemed necessary by Licensee in the License Area,
construction plans and specifications for all proposed work shall be submitted
in advance by the Licensee to the City's City Engineer for approval prior to
beginning the construction process. The plans must show the depth and
location of the proposed construction and distance from existing pavement,
water, storm water, wastewater and gas lines. The Licensee shall also
comply with any other laws, rules, regulations and ordinances applicable to
construction in the City and in the public right-of-way, including obtaining all
required permits. Licensee shall fully pay for all labor and materials used in
the License Area and will not permit or suffer any mechanic's or material
man's liens of any nature to be affixed against the Premises by reason or any
work done or materials furnished to the Premises at Licensee's request.
I. Prior to the start of any approved construction, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit J. Additionally,
Licensee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees and
invitees in the same manner that Licensee has provided indemnification to the
City pursuant to this Agreement.
J. Licensee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the License Area, in as much as possible.
K. At least 48 hours prior to beginning any approved construction, Licensee shall
contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669-
8344), and any other required agency or authority. Additionally, at least 48
hours prior to beginning any approved construction, Licensee shall give notice
and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power (AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or
location.
UPA Page 3 of 9
•
L. Any construction process and use of the License Area by Licensee shall not
interfere with the construction, installation, operation, maintenance, repair,
removal or replacement by the City or any of its agents, contractors or
franchisees of any existing or proposed roadways, sidewalks, utility lines or
other uses. If the City or any franchisee with utilities currently located in said
public right-of-way needs access to the right-of-way, Licensee shall pay for
removing or relocating the Improvement in the License Area to allow access
to utility lines for maintenance, repair, removal or replacement of the utility
lines. The Licensee shall repair the License Area to its original condition or
cease to use the License Area, at which time this Agreement terminates
immediately.
M. Traffic Engineer requirements pertaining to this Agreement, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Licensee shall file and obtain approval for a traffic control plan with the
City's Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City's Traffic Engineer.
2. Should Licensee require a trench, pit or similar excavation be dug during
approved construction, the Licensee shall file and obtain approval for
barricading said trench, pit or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic
Engineer. [See paragraph "T" of this Agreement for additional
requirements regarding trenches, pits and similar excavations.]
N. If, as determined by the City Manager, damage occurs to any pavement,
sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall
allow the City immediate access to the License Area to perform an
assessment, make repairs or take any other action deemed necessary by the
City. Determination of the extent of damage and repairs necessary to restore
the utility line(s) shall be made by the City Manager. All costs of the City
associated with said damage and repair, including labor and materials, shall
be paid by Licensee within 30 days of the City's invoice.
0. Should construction become necessary near existing water or wastewater
lines, Licensee shall take every precaution not to disturb the soil surrounding
any such lines, including all thrust blocks.
P. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal or replacement in the
UPA Page 4 of 9
License Area. A half-day, being four hours or more of work time by the City
inspector, constitutes a whole working day for purposes of calculation. Any
time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall
be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18)
per hour. Any assessed inspection fees shall be paid by the Licensee to the
appropriate City department within 30 days of the City's invoice. These
amounts will be adjusted annually each year on August 1 to reflect any pay
increases that may be attributable to the rates charged.
Q. At any and all times, Licensee shall be responsible for the repair and
maintenance of the License Area, including any costs associated with
damage occurring due to natural weather elements/occurrences or man-
made forces. Should damage occur to the License Area, regardless of the
type of damage, Licensee shall immediately repair the damage upon notice
by the City. Failure to so repair terminates this Agreement immediately
without any further action needed on the part of the City.
R. Licensee agrees that any Improvements located above the ground shall be
cleaned, maintained and repaired immediately to preserve the public health
and safety and prevent blight.
S. Licensee shall repair, or cause to be repaired, any damage to pavement,
driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or
any other structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the License Area.
T. If a trench, pit or other excavation is required during approved construction,
no trenches, pits or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open
for a period of longer Than 14 calendar days, regardless of location. All
trenches, pits or other excavations, other than bore pits, shall be backfilled by
the Licensee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits and
other excavations, including bore pits, shall be barricaded by the Licensee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "M.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
U. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Licensee according to current City
standards and specifications and as required by a City inspector.
V. (If applicable) Use of the private utilities authorized by this Agreement is
strictly limited to providing service to the Christus Spohn Health System
UPA Page 5 of 9
Corporation, located at 600 Elizabeth Street, Corpus Christi, Texas 78404, in
the License Area. Licensee shall not provide, nor permit anyone else to
provide or receive, service through said Wastewater Line or at any facilities
within the City other than the building facilities specifically included in this
Agreement without first obtaining a franchise or other required approval from
the City.
W. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY
NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES
(INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'
COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR
DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE
IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT
OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE,
OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR
REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS
AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED
BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE
INDEMNITEES OR ANY OF THEM. LICENSEES MUST, AT ITS OWN
EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND
TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL
ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, OR ACTIONS.
T. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
U. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Licensee: Christus Spohn Health System Corporation
600 Elizabeth Street
Corpus Christi, Texas 78404
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
UPA Page 6 of 9
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
V. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created pursuant to this
Agreement are performable in Nueces County, Texas. All actions arising
from, out of, or related to this Agreement must be filed, tried, remain and
resolved in and cannot be removed from Nueces County, Texas.
W. The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure
of Interests" form attached to this Agreement as Exhibit K. Completed
versions of Exhibit K by the Licensee form a part of this Agreement and are
incorporated by reference into this Agreement as if set out here in their
entireties.
X. This instrument, including exhibits, constitutes the entire agreement between
the City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Licensee and approved as required
by City law.
Y. Any payments due by the Licensee pursuant to this Agreement will be made
from current revenue available to the Licensee.
UPA Page 7 of 9
1 h_d
EXECUTED IN DUPLICATE this day of '—'i--)e, v , 20 1 .
Christus Spohn Health System Corporation
/'-2 - iF
Justin D ss Date
President, Board of Trustees
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on ---nV U o� , 20 )K,
by Justin Doss, President, Board of Trustees, Christus Spohn Health System
Corporation ("Licensee"), a Texas nonprofit corporation, on behalf of said nonprofit
corporation.
o�"'tt',� GRACIELA M. LUIS
�._,,,.\x",:141„,,
:20.�~pPY PUe''' C/��'��
_Notary Public,State of Texas �(' �
^„ °Q Comm. Expires 11-17-2021
•
�y),•....t�}`tet C
'3,o�t��.� Notary ID 6447589 —7
otary Public's Signature
UPA Page 8 of 9
IN Tthe Cittyy oa_f Corpus Christi has caused these presents to be executed
on this the I l- day of TESTIMONY-WHEREOF,
eskAJ10l , 20 IU .
ATTEST: CITY OF CORPUS CHRISTI
Q.. 14(4144?"‘ By: lAddil°1 /111�
City Secretary Nina Nixon-Me •ez, FAI P
Director of Development Service
For City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES § il'^
This instrument was acknowledged before me on C - ( 1'Y1
i , 20 18 , by Nina Nixon-
Mendez, as Director, Development Services Department, of the City of Corpus Christi, a Texas
Municipal Corporation, on behalf of said corporation.
44kc/Lr___
[V)....Q.JTC"„
:Pe..• ULTRAV PENA Notary Public, State of Texas
I z:,d�'to NOTARY PUBLIC
:*1 °`� *' State of Texas
'4..oc t` • Comm.Exp.12-02-2019
O �`,�,YKuihv� •.
ST CONCH. R
SECRETARv
APPROVED AS TO LEGAL FORM:
1'14%4 61tA)i-e 1 (14
Buck Brice (Date)
Assistant City Attorney
For City Attorney
UPA Page 9 of 9
-L I URBAN
ENGINEERING
Job No. 42711.66.02
April 11, 2018
Exhibit A
0.046 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.046 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on
the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces
County, Texas; the said 0.046 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643, Page 144, of the Deed Records of Nueces County, Texas;
Thence, North 19°06'16" West, with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06" West, with the said apparent South Right-of-Way line, the North Right-of-Way
line of the said Right-of-Way Closure, 94.14 Feet, to the Point of Beginning and Southeast corner of this
Tract;
Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows:
• South 85°44'07" West, with the North line of the said Right-of-Way Closure, the
said apparent South Right-of-Way line,233.559 Feet, for a corner of this Tract;
• North 04°15'54" West, 5.000 Feet, for the Northwest corner of this Tract;
• North 85°44'06" East, 146.194 Feet, for a corner of this Tract;
• North 04°19'45" West, 1.000 Foot, for a corner of this Tract;
• North 85°44'06" East, 7.000 Feet, for a corner of this Tract;
• South 04°19'45" East, 1.000 Foot, for a corner of this Tract;
• North 85°44'06" East, 44.059 Feet, for a corner of this Tract;
• North 46°12'00" East, 36.662 Feet, for a corner of this Tract;
S:\Surveying\42711\6602\427IIB602_CTS Easements(4)\Metes&Bounds\FN_4271IB602_0.046AC Easement.docx
Page I of 2
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Firm #10032400
• North 04°19'45" West, 41.655 Feet, to a point on the apparent North Right-of-Way
line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in said Volume 643, Page 144, of the Deed
Records of Nueces County, Texas, for the Northwest corner of this Tract;
• North 85°44'09" East, with the said apparent North Right-of-Way line, the South
Right-of-Way line of the said Right-of-Way Closure, 8.000 Feet, for the Northeast
corner of this Tract;
• Thence, South 04°19'45" East, 69.993 Feet, to the Point of Beginning, containing 0.046 Acres
(2,025 SqFt) of Land, more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
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S:\Surveying\427 I I\B602\427I I B602_CTS Easements(4)\Metes&Bounds\FN_427I I B602_0.046AC Easement.docx
Page 2 of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Firm #10032400
•
Exhibit B L10
�._._-
Sketch to Accompany LiNE BEARING DISTANCES 85°44'07" W 233.559'
Fieldnotes, for a 0.046 Acre, Use Privilege Agreement L2 N 04°15'54" W 5.000'
Easement, being portions of Elizabeth Street Right-of-Way, '-'1_3 N 85°44'06" E 146.194'
an apparent 70 Foot Wide Public Road (formerly known as L4 N 04°19'45" W 1 .000'
Starr Avenue), as shown on the plat of Ocean View, a map L5 N 0485°19'45" E 17.000' r
L6 S 04°19 45 E 1 .000 t rjo
of which is recorded in Volume 1, Page 11, of the Map L7 N 85°44'06" E 44.059'
Records of Nueces County, Texas. L8 N 46°12'00" E 36.662'
Bearings based on GPS, NAD83 (2011), Texas Coordinate L9 N 04°19'45" W 41 .655' 0.046 Acres i CO
System of 1983, Texas South Zone 4205. L10 N 85°44'09" E 8.000' 2,025 Sq. Feet \,
L1 1 S 04°19'45" E 69.993'
L4 L5 L6 L7
L3 —
Point of
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Beginning
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(Vol. 1, PgD.R.N.C.T.) s a5'4a_o ���
LEGEND: Vol. 643, Pg. 144, SEE T'
( Point of Point of
• 5/8 Inch —��,��.� -- Vol.— 643, Pg.s144 Beginning
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Iron Rod Found ..............
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AANDWANPAIWAN���ir Lot 1 C0 Block Xi DATE: 04/11/18 —
n Ocean view SCALE: 1 =60'
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Right of Way Dedication Block X
0 0 0° View M.RN.C.7 DRAWN BY: CTS
Doc. No. 2006049478 r o Ocean
0.P.R.N.C.7. ol. 1, Pg• 11
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Block IX Lott M.R.N.C.T. Lot 2 A URBAN
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LI wURBAN
ENGINEERING
Job No. 42711.B6.02
a J April 11, 2018
Exhibit C
0.030 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.030 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street, an
apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean
View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas;
the said 0.030 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643, Page 144, of the Deed Records of Nueces County, Texas;
Thence, North 19°06'16" West, with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06" West, with the said apparent South Right-of-Way line, the North Right-of-Way
line of the said Right-of-Way Closure, 460.966 Feet, to the Point of Beginning and Southeast corner of
this Tract;
Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows:
• South 85°44'06" West, with the North line of the said Right-of-Way Closure, the
apparent South Right-of-Way line of the said Elizabeth Street, 6.502 Feet, for a
corner of this Tract;
• North 05°36'10" West, 70.017 Feet, to a point on the apparent North Right-of-Way
Line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in an Ordinance recorded in Volume 643, Page
144, of the Deed Records of Nueces County, Texas, for the Northwest corner of
this Tract;
• North 85°44'09" East, with the South line of the said Right-of-Way closure, the
said apparent North Right-of-Way line, 6.502 Feet, for a corner of this Tract;
• South 05°36'10" East, 7.626 Feet, for a corner of this Tract;
S:\Surveying\427 I I\B602\42711 B602_CTS Easements(4)\Metes&Bounds\FN_427 I I B602_0.030AC Easement.docx
Page I of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Firm #10032400
• North 84°23'50" East, 111.370 Feet, for a corner of this Tract;
• North 29°32'53" East, 6.044 Feet, to a point on the South line of the said Right-of-
Way Closure, the apparent North Right-of-Way line, for a corner of this Tract;
• North 85°44'09" East, with the South line of the said Right-of-Way Closure, the
said apparent North Right-of-Way line, 6.018 Feet, for the Northeast corner of this
Tract;
• South 29°32'53" West, 14.434 Feet, for a corner of this Tract;
• South 84°23'50" West, 112.557 Feet, for a corner of this Tract;
• Thence, South 05°36'10" East, 55.390 Feet, to the Point of Beginning, containing 0.030 Acres
(1,290 SqFt)of Land, more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
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(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm # 145 •TBPLS Firm #10032400
URDAN
Job No. 42711.B6.02
ENGINEERING April 11, 2018
Exhibit E
0.028 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on
the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces
County, Texas; the said 0.028 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643, Page 144, of the Deed Records of Nueces County, Texas;
Thence,North 19°06'16" West, with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06" West, with the said apparent South Right-of-Way line, the North Right-of-Way
line of the said Right-of-Way Closure, 520.125 Feet, to the Point of Beginning and Southeast corner of
this Tract;
Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows:
• South 85°44'06" West, with the North line of the said Right-of-Way Closure, the
said apparent South Right-of-Way line, 3.000 Feet, for a corner of this Tract;
• North 04°32'56" West, 53.073 Feet, for a corner of this Tract;
• South 44°55'02" West, 81.193 Feet, to the said North line of the Right-of-Way
Closure, the said apparent South Right-of-Way line, for a corner of this Tract;
• South 85°44'06" West, with the said North line of the Right-of-Way Closure, the
said apparent South Right-of-Way line, 12.239 Feet, for the Southwest corner of
this Tract;
• North 44°55'02" East, 107.087 Feet, to a point on the apparent North Right-of-Way
line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
S:\Surveying\427 I I\B602\427 I I B602_CTS Easements(4)\Metes&Bounds\FN_427 I I B602_0.028AC Easement.docx
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(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI, TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145 •TBPLS Firm #10032400
Right-of-Way Closure, described in the said Volume 643, Page 144, of the Deed
Records of Nueces County, Texas, for the Northwest corner of this Tract;
• North 85°44'09" East, with the said apparent North Right-of-Way line, 23.132 Feet,
for the Northeast corner of this Tract;
• South 44°55'02" West, 36.279 Feet, for a corner of this Tract;
• Thence, South 04°32'56" East, 46.284 Feet, to the Point of Beginning, containing 0.028 Acres
(1,227 SqFt)of Land, more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
rix
STERe •. A ENGINE G
`,.•. 6A3 om'` James D. Can, R.P.L.S.
k '•AROFESS'��.>,0�
l License No. 6458
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(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm it 145 •TBPLS Firm U 10032400
■
Exhibit F L6 ,
Sketch to Accompany ,fix
Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, LINE BEARING DISTANCE �'\
being a portion of Elizabeth Street Right–of–Way, an apparent 700.028 Acres
L1 S 85°44'06" W 3.000' 1,227 Sq. Feet
Foot Wide Public Road (formerly known as Starr Avenue), as L2 N 04°32'56" W 53.073'
shown on the plat of Ocean View, a map of which is recorded in L3 S 44°55'02" W 81 .193'
Volume 1, Page 11, of the Map Records of Nueces County, Texas. L4 S 85°44'06" W 12.239' \/ i
L5 N 44°55'02" E 107.087' r
Bearings based on GPS, NAD83 (2011), Texas Coordinate L6 N 85°44'09" E 23.132' _ 'S - oNJ `–D
System of 1983, Texas South Zone 4205. L7 S 44°55'02" W 36.279'
___\ L8 S 04°32'56" E 46.284' Point of
Begi�i=_--
AlliMir L 4 DETAIL "A" (1"=30')
o� o. �
"". O
0 Lot 4, Block IIA C)
a° co 2' Ocean View Addition
f11 to Vol. 62, Pg. 130
� i. M.R.N.C.T.
z- 2.5 ROW Closure
9- o W '0.. t0 CO Vol. 643, Pg• 144
t
o
D.R.N.C.T. - t
I - --
Eli77,
beth Street
merly Starr Avenht—of-�sy N19'06'16'W
° Apparen0' Nide Rig 2.50'
r� 11> M.R•N. .T.)
Vol. Pg•
�' 144, D.R.N.C.T.) r�
LEGEND: ��,`C (Vol. 643, Pg ����,���.�.����
—S 85'44'06" W 520.125 --�,
'''''.:10,4;A
Point of
• �{, .... 2.5' Row Closure Commencement
5/8 Inch Gj , ����� � Vol. 643, Pg. 144
Iron Rod Found ��� 9 °t ''
D.R.N.c.T• DATE: 07/12/18
-a Lot 14
�� 'Dint of `,9 CO Block XI DATE: 0411 X18 —
��� °• Beginning n Ocean View.11---
-
— SCALE: 1 =60'
N n.0 0.028 Acres 11 JOB NO.: 42711.6602
o 13�, 1,227 Sq. Feet Block X VOI 1' Pg
Right of Way Dedication a (;,T.
Doc. No. 2006049478 SO 0° Ocean View M•R.N' DRAWN BY: CTS
oo \
O.P.R.N.C.T. t m o ol. 1 pg, 11
moo , Lot 13
Block IX Lot 1 - a'N M.R.N.C.T. Lot 2 ri URBAN
_ Ocean View o a y r, (p
°O 4 Lot 13 ENGINEERING
Vol. 1, Pg. 11 CO
y TEPF Fivd ma 145,MRS FIRM NO.10032400
M.R.N.C.T. 2 o N, C 2723 SIMMER
O31 CORPUS a19s0. N 70404
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Exhibit D -L--7
Sketch to Accompany L3 L5 ' co
Fieldnotes, for a 0.030 Acre Use Privilege Agreement Easement, �--�°'""" "�" ~"
being a portion of Elizabeth Street Right-of-Way, an apparent 70 LINE BEARING DISTANCE L9
Foot Wide Public Road (formerly known as Starr Avenue), as L1 S 85°44'06" W 6.502'
shown on the plat of Ocean View, a map of which is recorded in L2 N 05°36'1 0" W 70.017'
Volume 1, Page 11, of the Map Records of Nueces County, Texas. L3 N 85°44'09" E 6.502'
S.
L4 S 05°36'1 0" E 7.626' 1--- 0.030 Acres
Bearings based on GPS, NAD83 (2011), Texas Coordinate N r 1,2so sq. Feet
System of 1983, Texas South Zone 4205. L5 N 84°23'50" E 1 1 1 .370
L6 N 29°32'53" E 6.044' o
L7 N 85°44'09" E 6.018'
L8 S 29°32'53" W 14.434'
L9 S 84°23'50" W 112.557' Point of
o, L10 S 05°36'10" E 55.390' Beginning ,_
-��--`___ DETAIL "A" (1"=30')
cra * a
Vt
to
`' er Lot 4, Block IIA
.1 Ocean View Addition
. ° CD Vol. 62, Pg. 130 n
2 M.R.N.C.T• a 0
2.5' ROW Closure N.e 0
0 0 �' Vol. 643, Pg. 144
D.R.N.C.T.
Z .aL� s '
n`am ' .aCO
-- Elizabeth Street
/ SEE DETAIL "A" (Formerly Start A°egh
N 19'06'16"W
-- Apparent 70' 1Pide Right-ofnue -Way 2.50'
(Vol 1, Pg• 11, Mght- .T.)
(Vol. 643, pg.
144, D•R•N.C.T.)
ANNIINIMOINIMIINF
LEGEND: ---5 85.44'06" W 460.96---...
____ Point of
������� 2.5' ROW Closure t'7;
\ ..... Commencement
• 5/8 Inch �.. Vol. 643, Pg. 144
Iron Rod Found _ � — D.R.N.C.T.
Point of
Beginning tri Lot 14 REV: 07/12/18
—_—���.�.���� " , 9 0.030 Acres Lot 1 Block xi DATE: 0411 X18
/ n o Lot 14 �\ 1,290 Sq. Feet Vol. 1, Pg. 11 OBLNO.: 427011.6602
Dedication p��o BIOCk h T
Right of WoY o a o o O' M•R•N•C. DRAWN BY: CTS
Doc. No. 2006049478 , 0.
Ocean View _ \
O.P.R.N.C.T. >m , OI. 1, Pg. 11 til Lot 13
o o �����
Block IX Lot 1 -.5%• M.R.N.C.T. Lot 2
_ View 0 a F
ENGINEERING
vol. 1,1 Pg. 11 �° •�°: Lot 13 CO ------- li
M.R.N.C.T. Z-z•(?..,,-, et- MPE nu Mo„a evts�„,a.,oau.00
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ENGINEERING
Job No. 42711.B6.02
1 April 11, 2018
Rev: July 12, 2018
Exhibit G
0.016 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.016 Acre Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), and Third
Street, a 60 Foot Wide Public Road, as shown on the plat of Ocean View, a map of which is recorded in
Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.016 Acre Easement being
more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643, Page 144, of the Deed Records of Nueces County, Texas;
Thence, North 19°06'16" West, with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06" West, with the said apparent South Right-of-Way line, the North Right-of-Way
line of the said Right-of-Way Closure, 631.028 Feet, to the Point of Beginning and a corner of this Tract;
Thence, over and across the said Elizabeth Street and Third Street, with the boundary of this Tract as
follows:
• South 85°44'06" West, with the North line of the said Right-of-Way Closure, 2.095
Feet, to the East Right-of Way Line of the said Third Street, for a corner of this
Tract;
• South 19°09'20" East, with the said East Right-of-Way line, the West Right-of-
Way line of the said Right-of-Way closure, 2.587 Feet, for the Northeast corner of
a Right-of-Way Closure, described by City Ordinance 026403, recorded in
Document No. 2006049477, of the Official Public Records of Nueces County,
Texas and for a corner of this Tract;
• South 85°44'06" West, with the North Boundary line of the said Right-of-Way
Closure, 8.726 Feet, for the Southwest corner of this Tract;
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(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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TBPE, Firm# 145 •TBPLS Firm # 10032400
• North 12°32'43" East, 75.736 Feet, to a point on the apparent North Right-of-Way
Line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in the said Volume 643, Page 144, of the Deed
Records of Nueces County, Texas for the Northwest corner of this Tract;
• North 85°44'09" East, with the South Right-of-Way line of the said Right-of-Way
closure, the said apparent North Right-of-Way Line, 9.402 Feet, for the Northeast
corner of this Tract;
• Thence, South 12°32'43" West, 73.124 Feet, to the Point of Beginning, containing 0.016 Acres
(678 SqFt) of Land, more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
F T •
e3 ��,\ ERA. Fo"7 U AN ENGINEERIN
1 ) n
4 JAMES DAVID CARR- 1Y
6458 James D. Carr, R.P.L.S.
V.,.;. °FESS\c's License No. 6458
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(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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TBPE, Firm tt 145 •TBPLS Firm U 10032400
• a
Exhibit H Third Street L5
Sketch to Accompany x
vol.
1(60' "Wide M R N C.T \.,
)
Fieldnotes, for a 0.016 Acre Privilege Agreement Easement, being 0.016 Acres
portions of Elizabeth Street, an apparent 70 Foot Wide Public LINE BEARING DISTANCE 678 Sq. Feet
Road (formerly known as Starr Avenue), and Third Street, a 60 L1 S 85°44'06" W 2.095'
Foot Wide Public Road, as shown on the plat of Ocean View, a L2 S 19°09'20" E L3 S 85°4406' W 8.726' (0
2.587
map of which is recorded in Volume 1, Page 11, of the Map L4 N 12°32'43" E 75.736' J
Records of Nueces County, Texas. L5 N 85°44'09" E 9.402'
Bearings based on GPS, NAD83 (2011), Texas Coordinate L6 S 12°32'43" W 73.124'
System of 1983, Texas South Zone 4205.
Point of
Portion of Third Street closed Beginning
by City Ordinance No. 026403,
Recorded in Doc. No. ---
2006049477, O.P.R.N.C.T.) + L2
i� ��,��i DETAIL "A" (1"=3:
G O
°�! o �
Lot 4, Block IIA
(0
•o '� Ocean View Addition O
91
I° O' Vol. 62, Pg. 130 0
✓ M.R.N.C.T. `` 6.,d
2.5' ROW Closure s
o �e� Vol. 643, Pg• 144 r4•
• co \ CD D.R.N.C.T• d
O
;/ T
- --- Eliz:7:30;
eth Stree
SEE ( erly Starr Avenue Of-�a9 N19'06'16"W
DETAIL Apparent W. Right- 2.50'
„A„ (Vol g 11, M.R.N.C.T.)
(Vol. 643, Pg. 144, D.R.N.C.T.)
LEGEND:
Point of
S 85'44'06" W 631.028----�� �"°�-
5/8 Inch ����--��� 2.5' ROW PClos;rr Commencement
• �---'� Vol. 643, g. y
Iron Rod Found --���������� p,R.N.C.T. m REV: 07/12/18
� 1� Lot 14
—���.� Point of 9 Lot 1 al DATE: 04/11/18 _.
'/ Block XI
44
�� g/ Beginning n Ocean View — SCALE: 1 =60
1-3 A ? 0.016 Acres °t 14 �r� vol. 1, Pg. 1' JOB NO.: 42711.8602
Right of Way Dedication Cr' 0 •o j 78 Sq. Feet Block X P'
Doc. No. 2006049478View M.R.N.C. DRAWN BY: CTS
�ao.. Ocean 11 \
O.P.R.N.C.T. .pg•
—vol.—Val. LA Lot 13 URBAN
Block IX Lot 1 • m• M.R.N.C.T. er Lot 2
— Ocean View
rt
�� Lot 13 ENGINEERING
Vol. 1, Pg. 11 �9 . CO<0
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Exhibit I
ta
MORGAN AVENUE
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ELIZABETH STREET 7 '41 -73
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DATE: 04/11/18
SCALE: NTS
JOB NO.: 42711.86.02
DRAWN BY: CTS
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li IN
EXHIBIT J
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Incident Limit
(Including Cleanup and Remediation) $1,000,000 Aggregate
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2018 Insurance Requirements
Development Services
Use of City Easement for Installation of New Sanitary Sewer
04/30/2018 sw Risk Management
w
Location Map
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DATE: 04/11/18
SCALE: NTS
JOB NO.: 42711.B6.02
DRAWN BY: CTS
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LICENSE AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement("Agreement') is entered into by and between the City of Corpus Christi
("City"), a Texas home-rule municipal corporation, and Christus Spohn Health System
Corporation("Licensee"), a Texas nonprofit corporation, whose business address is 600
Elizabeth Street, Corpus Christi,Texas 78404.
WHEREAS, Licensee owns the real property and improvements located at 600
Elizabeth Street, Corpus Christi, Texas, and being more particularly described as Block
IIA, Lot 4A, and Block X, Lot 1A, of the Ocean View Addition Subdivision ("Property"),
as shown in Exhibit A, C, E and G; and
WHEREAS, Licensee wishes to construct private utilities(hereinafter"Improvements"),
which will encroach in a City right-of-way at Elizabeth Street(hereinafter"Premises"), as
shown in Exhibit B, D, F and H;
WHEREAS, Licensee has requested City allow the use and occupancy of the Premises
for Licensee's Improvements; and
WHEREAS, Use Privilege Agreement is synonymous with License
NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
In accordance with Article IX, Section 1, of the City's City Charter and in consideration
of a payment of$38,332.80 paid by Licensee, the receipt of which is acknowledged, the
City has granted and by these presents does grant to Licensee, for the term and upon
the conditions stated in this Agreement, a License for the right to install, operate,
maintain, repair and remove Improvements on Premises. The area in which the License
is granted for the location of the Improvements is referred to in this Agreement as the
"License Area." Licensee agrees that the Improvements shall not be expanded,
enlarged or altered in any way nor shall the height or stories be increased without the
prior written approval of City.
The License granted by this Agreement is issued to the Licensee only. This Agreement
may not be assigned by Licensee without the City Manager's prior written consent.
Licensee must notify the City if Licensee sells or transfers ownership of the
Improvements.
The License granted by this Agreement is subject to the Licensee's compliance at all
times with the following conditions:
UPA
Page 1of9
A. This Agreement, and the rights granted under the Agreement, may be
revoked at any time by the City upon providing the Licensee not less than 30
days' notice, in writing, by the City's City Manager or designee ("City
Manager"). In the event of a revocation by the City Manager or earlier
termination of this Agreement by either party, no portion of any payment
made under this Agreement is refundable to the Licensee.
B. This Agreement is for a term of one year from the date of execution by the
City. At the end of the initial term, this agreement renews automatically,
subject to termination under Section A above. It also terminates if Licensee
discontinues or abandons the use of the Improvements.This License is made
expressly subject and subordinate to the right of the City to use the Premises
for any public purpose. In the event that City gives notice of termination under
Section A, Licensee shall at its sole cost and expense make or cause to be
made the removal of the Improvements. Licensee shall reimburse City for the
cost of City's removal of the Improvements if Licensee does not remove them
within the notice period.
C. The City reserves the right to construct, maintain and/or modify city-owned
facilities, including but not limited to, street and utility improvements. The City
will provide 30 days written notice to the Licensee when the City has
determined that removal, relocation or alteration of the Improvement is
reasonably necessary for construction, maintenance, modification or
operation of city-owned facilities. The Licensee shall promptly make the
required adjustments. The required work will be done at Licensee's expense.
D. The Licensee agrees to comply with City Code of Ordinances Chapter 35,
Article VII and Chapter 49,Article VII.
E. The Licensee shall provide the City with a 3-dimensional map of the
Improvements accurate to within 1 foot and GIS coordinates, which will be
included with this Agreement as Exhibit 1 and 2D dwg file must be submitted
for the as-builts.
F. The Licensee shall mark all Improvements located on City Premises with
magnetic marking tape if the utility is located underground.
G. The Licensee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the License Area granted under
this Agreement and the activities authorized by this Agreement. The types of
required insurance coverages must be in the minimum amounts set forth in
the attached Exhibit J, the substantive content of Exhibit J being
incorporated by reference into this Agreement as if fully set out here in its
entirety. The insurance policies must name the City as an additional insured
and may not be canceled, renewed or materially changed by Licensee unless
at least ten (10) days advance written notice has been provided to the City.
ROW License UPA
Page 2 of 9
Upon the City Manager's written request, Licensee shall provide copies of all
requested insurance policies to the City's City Attorney.
H. Should construction be deemed necessary by Licensee in the License Area,
construction plans and specifications for all proposed work shall be submitted
in advance by the Licensee to the City's City Engineer for approval prior to
beginning the construction process. The plans must show the depth and
location of the proposed construction and distance from existing pavement,
water, storm water, wastewater and gas lines. The Licensee shall also
comply with any other laws, rules, regulations and ordinances applicable to
construction in the City and in the public right-of-way, including obtaining all
required permits. Licensee shall fully pay for all labor and materials used in
the License Area and will not permit or suffer any mechanic's or material
man's liens of any nature to be affixed against the Premises by reason or any
work done or materials furnished to the Premises at Licensee's request.
I. Prior to the start of any approved construction, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit J. Additionally,
Licensee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, licensees and
invitees in the same manner that Licensee has provided indemnification to the
City pursuant to this Agreement.
J. Licensee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the License Area, in as much as possible.
K. At least 48 hours prior to beginning any approved construction, Licensee shall
contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669-
8344), and any other required agency or authority. Additionally, at least 48
hours prior to beginning any approved construction, Licensee shall give notice
and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
• City Utility Departments, including Water, Storm water, Wastewater and
Gas;
• American Electric Power(AEP);
• American Telephone and Telegraph (AT&T);
• CenturyTel;
• Time Warner;
• Grande Communications; and
• Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verity its depth or
location.
ROW License UPA Page 3 of 9
•
L. Any construction process and use of the License Area by Licensee shall not
interfere with the construction, installation, operation, maintenance, repair,
removal or replacement by the City or any of its agents, contractors or
franchisees of any existing or proposed roadways, sidewalks, utility lines or
other uses. If the City or any franchisee with utilities currently located in said
public right-of-way needs access to the right-of-way, Licensee shall pay for
removing or relocating the Improvement in the License Area to allow access
to utility lines for maintenance, repair, removal or replacement of the utility
lines. The Licensee shall repair the License Area to its original condition or
cease to use the License Area, at which time this Agreement terminates
immediately.
M. Traffic Engineer requirements pertaining to this Agreement, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Licensee shall file and obtain approval for a traffic control plan with the
City's Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City's Traffic Engineer.
2. Should Licensee require a trench, pit or similar excavation be dug during
approved construction, the Licensee shall file and obtain approval for
barricading said trench, pit or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City's Traffic
Engineer. [See paragraph "T" of this Agreement for additional
requirements regarding trenches, pits and similar excavations.]
N. If, as determined by the City Manager, damage occurs to any pavement,
sidewalk, curb, gas,water, storm water or wastewater line, Licensee shall
allow the City immediate access to the License Area to perform an
assessment, make repairs or take any other action deemed necessary by the
City. Determination of the extent of damage and repairs necessary to restore
the utility line(s)shall be made by the City Manager. All costs of the City
associated with said damage and repair, including labor and materials, shall
be paid by Licensee within 30 days of the City's invoice.
0. Should construction become necessary near existing water or wastewater
lines, Licensee shall take every precaution not to disturb the soil surrounding
any such tines, including all thrust blocks.
P. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal or replacement in the
ROW License UPA Page 4 of 9
License Area. A half-day, being four hours or more of work time by the City
inspector, constitutes a whole working day for purposes of calculation. Any
time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall
be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18)
per hour. Any assessed inspection fees shall be paid by the Licensee to the
appropriate City department within 30 days of the City's invoice. These
amounts will be adjusted annually each year on August 1 to reflect any pay
increases that may be attributable to the rates charged.
Q. At any and all times, Licensee shall be responsible for the repair and
maintenance of the License Area, including any costs associated with
damage occurring due to natural weather elements/occurrences or man-
made forces. Should damage occur to the License Area, regardless of the
type of damage, Licensee shall immediately repair the damage upon notice
by the City. Failure to so repair terminates this Agreement immediately
without any further action needed on the part of the City.
R. Licensee agrees that any Improvements located above the ground shall be
cleaned, maintained and repaired immediately to preserve the public health
and safety and prevent blight.
S. Licensee shall repair, or cause to be repaired, any damage to pavement,
driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or
any other structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the License Area.
T. If a trench, pit or other excavation is required during approved construction,
no trenches, pits or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City's Director of
Development Services and City's Engineer. Bore pits are not allowed open
for a period of longer than 14 calendar days, regardless of location. All
trenches, pits or other excavations, other than bore pits, shall be backfilled by
the Licensee promptly and in accordance with current City standards and
specifications and as per the City inspector's request. All trenches, pits and
other excavations, including bore pits, shall be barricaded by the Licensee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
approved by the City's Traffic Engineer. [See paragraph "M.2." for additional
requirements pertaining to trenches, pits, and other excavations.]
U. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Licensee according to current City
standards and specifications and as required by a City inspector.
V. (If applicable) Use of the private utilities authorized by this Agreement is
strictly limited to providing service to the Christus Spohn Health System
ROW License UPA Page 5 of 9
Corporation, located at 600 Elizabeth Street, Corpus Christi, Texas 78404, in
the License Area. Licensee shall not provide, nor permit anyone else to
provide or receive, service through said Wastewater Line or at any facilities
within the City other than the building facilities specifically included in this
Agreement without first obtaining a franchise or other required approval from
the City.
W. UCENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI,ITS OFFICERS,
EMPLOYEES,AND AGENTS,(INDEMNITEES")AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS,CLAIMS, DEMANDS AND ACTIONS OF ANY
NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES
(INCLUDING,WITHOUT LIMITATION ON THE FOREGOING,WORKERS'
COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR
DAMAGE OF ANY KIND WHATSOEVER,WHICH ARISE OUT OF OR ARE
IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT
OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE,
OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION,OR
REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS
AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED
BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE
INDEMNITEES OR ANY OF THEM. LICENSEES MUST,AT ITS OWN
EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND
TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL
ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, OR ACTIONS.
T. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
U. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Licensee: Christus Spohn Health System Corporation
600 Elizabeth Street
Corpus Christi, Texas 78404
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
ROW License UPA Page 6 of 9
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
V. This Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created pursuant to this
Agreement are performable in Nueces County, Texas. All actions arising
from, out of, or related to this Agreement must be filed, tried, remain and
resolved in and cannot be removed from Nueces County,Texas.
W.The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the 'Disclosure
of Interests" form attached to this Agreement as Exhibit K. Completed
versions of Exhibit K by the Licensee form a part of this Agreement and are
incorporated by reference into this Agreement as if set out here in their
entireties.
X. This instrument, including exhibits, constitutes the entire agreement between
the City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Licensee and approved as required
by City law.
Y. Any payments due by the Licensee pursuant to this Agreement will be made
from current revenue available to the Licensee.
ROW License UPA
Page 7 of 9
EXECUTED IN DUPLICATE this day of OC.- -0 20 18 .
Christus Spohn Health System Corporation
1°-
Justin oss Date
President, Board of Trustees
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on DCXo k 2N 1 , 20 IP,
by Justin Doss, President, Board of Trustees, Christus Spohn Health System
Corporation ("Licensee"), a Texas nonprofit corporation, on behalf of said nonprofit
corporation.
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.400 �+e,z:91re` rl ti
47,; (=it
ary Public's Signatur
ROW License UPA Page 8 0(9
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed
on this the day of ,20
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Nina Nixon-Mendez, FAICP
Director of Development Service
For City Manager
THE STATE OF TEXAS§
COUNTY OF NUECES§
This instrument was acknowledged before me on , 20 , by Nina Nixon-
Mendez, as Director, Development Services Department, of the City of Corpus Christi, a Texas
Municipal Corporation,on behalf of said corporation.
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
Buck Brice (Date)
Assistant City Attorney
For City Attorney
ROW License UPA Page 9 of 9
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ENGINEERING Job No.42711.86.02
April 11,2018
Exhibit A
0.046 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.046 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on
the plat of Ocean View,a map of which is recorded in Volume 1,Page 11, of the Map Records of Nueces
County,Texas;the said 0.046 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643,Page 144,of the Deed Records of Nueces County,Texas;
Thence,North 19°06'16" West,with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06"West,with the said apparent South Right-of-Way line,the North Right-of-Way
line of the said Right-of-Way Closure, 94.14 Feet, to the Point of Beginning and Southeast corner of this
Tract;
Thence,over and across the said Elizabeth Street,with the boundary of this Tract as follows:
• South 85°44'07" West, with the North line of the said Right-of-Way Closure, the
said apparent South Right-of-Way line,233.559 Feet,for a corner of this Tract;
• North 04°15'54" West,5.000 Feet, for the Northwest corner of this Tract;
• North 85°44'06"East, 146.194 Feet, for a corner of this Tract;
• North 04°l9'45"West, 1.000 Foot, for a corner of this Tract;
• North 85°44'06" East, 7.000 Feet, for a corner of this Tract;
• South 04°19'45"East, 1.000 Foot,for a corner of this Tract;
• North 85°44'06" East,44.059 Feet, for a corner of this Tract;
• North 4692'00" East, 36.662 Feet, for a corner of this Tract;
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(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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TBPE, Firm It 145•TBPIS Firm S 10032400
•
• North 04°19'45" West,41.655 Feet,to a point on the apparent North Right-of-Way
line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in said Volume 643, Page 144, of the Deed
Records of Nueces County,Texas, for the Northwest corner of this Tract;
• North 85°44'09" East, with the said apparent North Right-of-Way line, the South
Right-of-Way line of the said Right-of-Way Closure, 8.000 Feet, for the Northeast
corner of this Tract;
• Thence, South 04°19'45" East, 69.993 Feet, to the Point of Beginning, containing 0.046 Acres
(2,025 SqFt)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas
South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
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Exhibit 13 L10 1
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Sketch to Accompany LINE BEARING X33.55 '
L1 S 85'44'07" W 233.559II
Fieldnotes, for a 0.046 Acre, Use Privilege Agreement L2 N 04'15'54" W 5.000'
Easement, being portions of Elizabeth Street Right—of—Way, 3�N 85'44'06" E 146.194'
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on apparent 70 Foot Wide Public Road (formerly known as L4 N 04'19'45" W 1.000'
Starr Avenue), as shown on the plot of Ocean View, a map LS N 85'44 06 E 7.000'
of which is recorded In Volume 1, Page 11, of the Map L7 N 5' 05 E 00
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Records of Nueces County, Texas. L7 N 46'44 2'00" E 364..662'
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Job No.42711.B6.02
ENGINEERING April 11,2018
Exhibit C
0.030 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.030 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street, an
apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean
View,a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas;
the said 0.030 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643, Page 144,of the Deed Records of Nueces County,Texas;
Thence,North 19°06'16"West,with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence,South 85°44'06"West, with the said apparent South Right-of-Way line,the North Right-of-Way
line of the said Right-of-Way Closure, 460.966 Feet, to the Point of Beginning and Southeast corner of
this Tract;
Thence,over and across the said Elizabeth Street,with the boundary of this Tract as follows:
• South 85°44'06" West, with the North line of the said Right-of-Way Closure, the
apparent South Right-of-Way line of the said Elizabeth Street, 6.502 Feet, for a
corner of this Tract;
• North 05°36'10" West, 70.017 Feet, to a point on the apparent North Right-of-Way
Line of the said Elizabeth Street,being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in an Ordinance recorded in Volume 643, Page
144, of the Deed Records of Nueces County, Texas, for the Northwest corner of
this Tract;
• North 85°44'09" East, with the South line of the said Right-of-Way closure, the
said apparent North Right-of-Way line,6.502 Feet,for a corner of this Tract;
• South 05°36'10" East, 7.626 Feet, for a corner of this Tract;
S''Survcying 42711113602t42711B602_CTS Easements(4)IMetes&BoundsWFN 4271113602 0.030AC Easement.docx
Page I ort
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE,Firm#145 •TBPLS Firm#10032400
• North 84°23'50"East, 111370 Feet,for a corner of this Tract;
• North 29°32'53" East,6.044 Feet,to a point on the South line of the said Right-of-
Way Closure,the apparent North Right-of-Way line,for a corner of this Tract;
• North 85°44'09" East, with the South line of the said Right-of-Way Closure, the
said apparent North Right-of-Way Iine,6.018 Feet, for the Northeast corner of this
Tract;
• South 29°32'53"West, 14.434 Feet,for a corner of this Tract;
• South 84°23'50"West, 112.557 Feet,for a corner of this Tract;
• Thence, South 05°36'10" East, 55.390 Feet, to the Point of Beginning, containing 0.030 Acres
(1,290 SqFt)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas
South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
AN ENG E G
' : (
. ,, 6456*4 " James D.Carr,R.P.L.S.
a a.:4• SURA License No.6458
S:\Surve)ing 4271 fB602M2711 B602 CTS Easements(4)1Metcs&Bounds\FN 4271 I Bb02 0.030AC Easanenl.docx
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(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE,Firm# 145•TBPLS Firm#10032400
Exhibit DL7
Sketch to Accompany L3 L5 v
Fieldnotes, for a 0.030 Acre Use Privilege Agreement Easement,
being a portion of Elizabeth Street Right—of—Way, an apparent 70 LINE BEARING DISTANCE L9
Foot Wide Public Road (formerly known as Starr Avenue), as L1 S 85'44'O6" W 6.502'
shown on the plat of Ocean View, a map of which is recorded in L2 N 05'36'10" W 70.017'
Volume 1, Page 11, of the Map Records of Nueces County, Texas. L3 N 85'44'09' E 6.502'
L4 S 05'36'10" E 7.626' r- 0.030 Acre!
cb
Bearings based on GPS, NAD83 (2011), Texas CoordinateN i—
:\
1,290 Sq. Feet
System of 1983, Texas South Zone 4205. L5 N 84'23'50" E 111.370'
6N29'32`53" E6.044` o` 7N85'44'09" E6.018`ELL
SS29'32'53" W 14.434` Pointof9S84'23'50" W112.557'ca ,.3t 10 S 05'36'10" E 55.390` Beginning
� \
' A F' _. - - DETAIL 'A' (1'.30')
n cla
�______y ,lit N ` tot n, ock to
\\ �o (D \ Ocean View Additlan �
co 111 Vat. •
b2, Pg. 13G ;, 0
2 c \ M.R.N.0 T. p
1p
.G-O C1 t9 2,5' ROW C1o,urc '
• 2067 �..4 Vol 643. P4 ,4a
" ,,,� L O.R NCI' et
- *".. _a...3, . . ,
Elizabeth Street
/.,. SEE DETAIL "A" ro,�rr1' ti..r n,.c.e
"—'� r Apparent 70' Wide Rig
bt—of—We rn9 rR
•
,,//1 (Vol- I. Pg. 11
IA.R.N•C.T.)
r ,. I� Vol. 843. Pg. 144. D.R.N.C.T.) -•_.----- '" .
LEGEND: (+ �� ( .--__._c. g5•aa'c.E w aen966 _`~
3/8 Inch / Paint O
•
Iron Rad Found ( ( I' �- sic 643 oe` ,o s ay , Commencement
""; Paint of N o1 1 n n.R."c T tti \ REV: 07/12/18 'l'i `
Beginning
;,/f/✓re•, 1 ' ` a.a3o Acre. La( <0 block XI DATE: 04/11/18
`1.,-'/,'","?. ;�. 1,290 Sq. Feat Vtn_w SCALE: 1 =60'
! x ��
p r Ocean
�N t �1 vv..,i, a �. ` Block __ a _..._._.------...,_._ ---vo JOB NO.: 42711.B602
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No.42711.B6.02Job N
[ LI 7 ENGINEERING April 11,2018
Exhibit E
0.028 Acre
Use PrivileEe Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on
the plat of Ocean View,a map of which is recorded in Volume 1,Page 11,of the Map Records of Nueces
County,Texas;the said 0.028 Acre Easement being more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643,Page 144,of the Deed Records of Nueces County,Texas;
Thence,North 19°06'16"West,with the said West Right-of-Way line and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence,South 85°44'06"West,with the said apparent South Right-of-Way tine,the North Right-of-Way
line of the said Right-of-Way Closure, 520.125 Feet, to the Point of Beginning and Southeast corner of
this Tract;
Thence,over and across the said Elizabeth Street,with the boundary of this Tract as follows:
• South 85°44'06" West, with the North line of the said Right-of-Way Closure, the
said apparent South Right-of-Way line,3.000 Feet,for a corner of this Tract;
• North 04032'56" West,53.073 Feet,for a corner of this Tract;
• South 44°55'02" West, 81.193 Feet, to the said North line of the Right-of-Way
Closure,the said apparent South Right-of-Way line, for a corner of this Tract;
• South 85°44'06" West, with the said North line of the Right-of-Way Closure, the
said apparent South Right-of-Way line, 12.239 Feet, for the Southwest corner of
this Tract;
• North 44°55'02" East, 107.087 Feet,to a point on the apparent North Right-of-Way
line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide
S'1Surveying\4271118602142711B602_CTS Easements(4)1Metes&Bounds'FN 42/1 I B602 0,02SAC Easemenidocx
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TBPE,Firm#145•TBPLS Firm#10032400
Right-of-Way Closure, described in the said Volume 643, Page 144, of the Deed
Records of Nueces County,Texas,for the Northwest corner of this Tract;
• North 85°44'09"East,with the said apparent North Right-of-Way line,23.132 Feet,
for the Northeast corner of this Tract;
• South 44°55'02"West,36.279 Feet,for a corner of this Tract;
• Thence, South 04°32'56" East, 46.284 Feet, to the Point of Beginning, containing 0.028 Acres
(1,227 SqFt)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas
South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
' �QQG < Eoiti#ENG E G
•it �r�.
.
� ' CARR,;
3ASA5ppV►D
,,9 v'oPoQ ' James D.Carr,R.P.L.S.
ofess�.Via; License Na. 6458
S:1Surveying1427111B602142711a602_CTS Easements(4)\Mctes&Bounds\FN_427t 1B602_0.028AC Easement.dacx
Page 2 of 2
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm 0145•TBPLS Firm ti 10032400
Exhibit F • L6
Sketch to Accompany
Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, LINE BEARING DISTANCE �'\
being a portion of Elizabeth Street Right-of-Way, an apparent 70 L1 S 85'44'06" W 3.000' mras
1 an
s4• Feel . r_ S.
Foot Wide Public Road (formerly known as Starr Avenue), as L2 N 04'32'56" W 53.073'
shown on the plat of Ocean View, a mop of which is recorded in L3 S 44'55'02" W,81.193'
Volume 1, Page 11, of the Map Records of Nueces County, Texas. L4 S 85'44'06" W 12.239'
L5 N 44'55'02" E 107.087'
Bearings based on GPS, NAD83 (2011), Texas Coordinate L6 N 85'44'09" E 23.132'
System of 1983, Texas South Zone 4205. L7 S 44'55'02" W 36.279'
L8 S 04'32'56" E 46.284' Point of
a Beginnin,
- =-• -L1
• d�- I—_..=-------4---L4 _ DETAIL A' (1'=3o'J,
✓ ; :.
>~ ..-.----,i .0 O p1 i.ot 4, Plock IIAS' .7::::,,,r C View Addition e n
Ocean
✓ Lfl Vol, 62, Pg. 130 4n
t_ '' Vee' =t M.R.N.C.T. ^ '`'
2 5' ROW Closure o ei
Q.7+ to •ig• % Vol. 543.N C9T '44
CI• U P'" l r9"4 _ .. __�..—_ I CO
--"--m--------"
-- ---- __ --/
Elizabeth Street
r S,,.rr�.enne�
umnr 1,41.-1-1 .,,,w
Wide Right-o[-We9
a� Apparent 70' R•N,C.T.)
/ (Vol. I. Pg.
11, 1d•
I ' i (Vol. 843. P_- 144, 7,4'cr C• .
LEGEND: gye,4T - w ::o125.-----------7-----
Point O
• 5/8 Inca 4' Fuw closure.... o Commencement
Iron Rod Found °"'
DRIdc' -.
.r. LA \ t DATE: 07/12/18 1
___r.. •obnt of ' 41 co \ DATE: 04/11/18
- •: ',,:;';/.-'4,i", Beginning n 1
•, t.u1 is Ocean View -_ SCALE -
227 Acres 0 t<_____�------'--•-
1 4'.,...„,/, 1.227 54. Feel 10Ck X C 602
&11 60
..p,nt of Way Ostl•co0a" M .
yyvol. 1 9' 1 DRAWN BY 2CTS B
Doc No 2006049476 4,.././)i.
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ENGINEERING Job No.42711.B6.02
April 11,2018
Rev:July 12,2018
Exhibit G
0.016 Acre
Use Privilege Agreement Easement
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for a 0.016 Acre Use Privilege Agreement Easement, being portions of Elizabeth Street
Right-of-Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), and Third
Street, a 60 Foot Wide Public Road, as shown on the plat of Ocean View, a map of which is recorded in
Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.016 Acre Easement being
more fully described as follows:
Commencing, at a 5/8 Inch Iron Rod Found, on the West Right-of-Way Line of Ocean Drive (formerly
known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the
Southeast corner of a 2.50 Foot Wide Right-of-Way Closure, described in an Ordinance recorded in
Volume 643,Page 144,of the Deed Records of Nueces County,Texas;
Thence,North 19°06'16"West, with the said West Right-of-Way Iine and the East line of the said Right-
of-Way Closure, 2.50 Feet, to the apparent South Right-of-Way line of the said Elizabeth Street, for the
Northeast corner of the said Right-of-Way Closure;
Thence, South 85°44'06"West, with the said apparent South Right-of-Way line, the North Right-of-Way
line of the said Right-of-Way Closure,631.028 Feet,to the Point of Beginning and a corner of this Tract;
Thence, over and across the said Elizabeth Street and Third Street, with the boundary of this Tract as
follows:
• South 85°44'06" West,with the North Iine of the said Right-of-Way Closure,2.095
Feet, to the East Right-of Way Line of the said Third Street, for a corner of this
Tract;
• South 19°09'20" East, with the said East Right-of-Way line, the West Right-of-
Way line of the said Right-of-Way closure, 2.587 Feet, for the Northeast corner of
a Right-of-Way Closure, described by City Ordinance 026403, recorded in
Document No. 2006049477, of the Official Public Records of Nueces County,
Texas and for a corner of this Tract;
• South 85°44'06" West, with the North Boundary line of the said Right-of-Way
Closure, 8.726 Feet,for the Southwest corner of this Tract;
S ISurveying'4271 I tH602 4271 1 B602.,CTS Easements(4)1Metes 1k BoundsWN_4271 18602 0.016AC Eascment.docx
1
Page 1o2 —
(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbanena.com
TBPE,Firm tt 145•TBPLS Firm(t 10032400
• North 12°32'43" East, 75.736 Feet, to a point on the apparent North Right-of-Way
Line of the said Elizabeth Street,being the South boundary line of a 2.5 Foot Wide
Right-of-Way Closure, described in the said Volume 643, Page 144, of the Deed
Records of Nueces County,Texas for the Northwest corner of this Tract;
• North 85°44'09" East, with the South Right-of-Way line of the said Right-of-Way
closure, the said apparent North Right-of-Way Line, 9.402 Feet, for the Northeast
corner of this Tract;
• Thence, South 12°32'43" West, 73.124 Feet, to the Point of Beginning, containing 0.016 Acres
(678 SqFt)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas
South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its
original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of
tract described herein.
4,9t,'' o e..4 URThiN ENGINEERIN
y• 4� y� o •� <,
JAMES DAVID CARR,' fif16
6158 c James D.Carr,R.P.L.S.
,‘4 �� y License No.6458
S:1Surveying 427111n602 427118602 CTS Easements(4)1Metes&Bounds\FN 4271 IB602 0.0I6AC Easemenl.docx
Page 2 of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbanena.com
TBPE, Firm#145•TBPLS Firm#10032400
Exhibit H \ Third Street a
Sketch to Accompany Asa lade Rijnilf. L5
P Y Vol. 1, P4. 11. Y.R.N.C.T.)
Fieldnotes, for a 0.016 Acre Privilege Agreement Easement, being ------ 0.016 Acres
portions of Elizabeth Street, an apparent 70 Foot Wide Public LINE BEARING DISTANCE 678 Sq. Feel
Road (formerly known as Starr Avenue), and Third Street, a 60 L1 S 85'44'06" W 2.095`
Foot Wide Public Road, as shown on the plat of Ocean View, a L2 S 19'09`20" E 2.587'
-(--C; S'
mop of which is recorded in Volume 1, Page 11, of the Map L3 S 85'44`06" W 8.726` ''
Records of Nueces County, Texas. L4 N 5'44'09 ` E 9.402' ' '�
L5 N 85'44'09 E 9.402' '
Bearings based on GPS, NAD83 (2011), Texas Coordinate L6 S 12'32`43" W 73.124'
System of 1983, Texas South Zone 4205.
, ,l Durd Street closed Point of
R°"',t° t:eginning
py City Ordinance N0. U284o3.
Recorded,n Doc No.
2006049477, U.P.R.N.C1. L
/ /. X 'L. ..
/�!�./�// DETAIL "A' (t"�3c�)
SS --------
._... '..7. Y,•'" Lat 4, Block IIA O
n
"; Ocean View Addition
d' ° t Voi. 6 , Py. 130 ��
t ,. M.R.N.C.T.
��
G :�oA,� t'^" ROW Closure
'':-•'S Cy': --\ 10 c:-.. 0 ._.. ',co
— __ ----� Elizabeth Street i
—.__.-...1 SEE eU m••u so 4,.0��; i
DETAIL I Apparent 70' lfide Right—of—�►aY 'os'.,='w
"A" '/ } ' (Vol. 1. Pg• 11. M.R.N.C.T.)
LEGEND: //::/// (Vol. 843, Pg• 71_, D.R.N.C.T.) —
�. ! n.S'45'�6�N' ii:.N' '..r"'_`�� POiIIt O
• 5/8 Inch ��' 2,5' ROW Closure,J.
Iron Rod Found vel 543 pg 144 , r 'CommencemenC
�+l� VI Lot 14 nR.N.01 REV: 07/12/18
— �� ", �' Point of 0 co \\_.__________
Btacic h, DATE: 04/11/18 _
;4 p Ocean vie« -- SCALE: 1 =60'
R;ahl of wopy�oed�c°t�nn 'A"% .7E Sq. Feat glQcr, x 1� vat. P9,t' JOB NO.: 42711.8602
D°•. N° 'LUU604947H / yQ2° /. Ocean View _ M.R l: . DRAWN BY: CTS
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JOB NO.: 42711.86.02
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Corpus Christi, TX 78469-9277
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Pees 49
12/11/2018 2:18PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $203.00
Any nruvisinn herein which restricts the Sole?
Rental or use of the described
REAL PROPERTY because of Racer Color,
Relision, 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 senuence on the date and at the
time stom»ed herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
_AZ-.)
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