HomeMy WebLinkAbout2013V11257P226RIGHT -OF -WAY EASEMENT
City of College Station)
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AGREEMENT 11 Su lainj '609
1. Grant of Easement, The BOARD OF REGENTS OF THE TEXAS A &M
UNIVERSITY SYSTEM, as grantor ( "TAMUS "), on behalf of the State of Texas, acting by
and through its duly authorized officer, under authority of System Policy 41.01, and by virtue of
authority granted to the Board of Regents by TEX. EDUC. CODE ANN. §85,26, in consideration of
the mutual benefits to be derived by both parties, hereby GRANTS, BARGAINS, SELLS, and
CONVEYS to the CITY OF COLLEGE STATION, TEXAS, a municipality of the State of
Texas, as grantee ( "COLLEGE STATION "), its permitted successors and assigns, a
nonexclusive right -of -way easement for an underground electric line (the "Easement "), ten feet
10') in width, on, across and under certain property of TAMUS (the "Property "), located in
Brazos County, Texas, more particularly described in Exhibit "A" attached hereto and made part
ofthis Easement Agreement (this "Agreement ").
2. Purpose and Location of Easement. The Easement is granted solely for the
purpose of installing, constructing, maintaining, repairing, replacing, and rebuilding an
underground electric line. A plat of the Property showing the surface area affected by the
Easement and the location of the underground electric line and COLLEGE STATION's right -
of -way is depicted on Exhibit "B" attached hereto and made a part of this Agreement.
3. Right of Access. COLLEGE STATION has the right of ingress and egress
across the Property for the purpose of installing, constructing, maintaining, repairing, and
replacing the underground electric line. COLLEGE STATION agrees to occupy the surface of
the Property only to the extent and for the length of time necessary for installing, maintaining,
repairing, and replacing the underground electric line. Any gate or opening used by COLLEGE
STATION for ingress or egress in the exercise of its rights must be kept in proper condition and
closed at all times.
4. Duties. COLLEGE STATION will clearly mark the location of the electric line
in a manner and to the extent required by law. The electric line will be buried not less than thirty -
six inches (36 ") below the surface. If COLLEGE STATION damages or destroys any fence,
road, bridge, culvert, building, or other improvement, or any personal property, other thuQiits
own personal property, COLLEGE STATION must, within a reasonable period of time, repair,
or replace the improvement or personal property to the extent that such improvement or personal
property will, as nearly as practicable, be in like condition as before such damage or destruction.
In lieu of requiring repair or replacement, TAMUS may, at its option, require that COLLEGE
STATION pay money damages, including without limitation, those damages incurred as a result
of COLLEGE STATION or its agents or employees entering or departing the Property, or by
reason of being present on the Property. COLLEGE STATION agrees to notify TAMUS no
later than three (3) business days after completion of the initial construction of the underground
electric line, and to cooperate with TAMUS' personnel in an onsite inspection to assess any
damages resulting from COLLEGE STATION's activities. COLLEGE STATION agrees to
notify TAMUS five (5) business days prior to commencement of any repairs or replacements.
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5. No Fee Interest Granted. This is a grant of a nonexclusive easement only, and
does not grant any fee interest to the surface, subsurface, or any interest in the minerals on or
under the Property. The conveyance is made subject to any and all outstanding restrictions,
reservations, covenants, conditions, leases, easements and other encumbrances filed of record or
apparent on the ground. TAMUS expressly retains all rights to grant, control and renew all
restrictions, reservations, covenants, conditions, leases, easements and other encumbrances, of
every kind and character, on, over or under the Property.
6. Duration of Easement. In accordance with TEX. EDUC. CODE ANN. §85.26(c), this
grant is for a term of ten (10) years and may be renewed only at the election of TAMUS.
COLLEGE STATION expressly understands that its continued possession of the Property
under this Agreement after expiration of its term, without first obtaining a renewal from the
Board of Regents of The Texas A &M University System, is a violation of state law that subjects
COLLEGE STATION to a penalty of ONE HUNDRED DOLLARS ($100) for each day of
such violation. COLLEGE STATION agrees to pay TAMUS such penalty within ten (10)
business days after receipt of notice from TAMUS sent in compliance with Paragraph 13 of this
Agreement.
7. Removal of Equipment. COLLEGE STATION has the right to remove its
equipment at the expiration of this Agreement provided all obligations to TAMUS under this
Agreement are fully satisfied. All equipment must be removed within one hundred twenty (120)
calendar days from the date of termination or abandonment of the Easement granted by this
Agreement. If removal causes injury to the surface or to any improvements of TAMUS,
COLLEGE STATION will restore the surface or improvements or at TAMUS' option, pay for
such damage within sixty (60) calendar days after completion of such removal. If COLLEGE
STATION fails to remove the equipment within the times set forth in this Paragraph, TAMUS
shall have the right to remove and dispose of the equipment and collect all costs of removal and
disposal from COLLEGE STATION.
8. Nonexclusive Easement. The Easement is nonexclusive. TAMUS reserves for
TAMUS and TAMUS' successors and assigns the right to full use and enjoyment of the
Property and the right to convey the Property or other rights or easements to others, so long as
such use or conveyance does not unduly interfere with COLLEGE STATION's use.
9. Hold Harmless. COLLEGE STATION AND TAMUS, TO THE EXTENT
ALLOWED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS,
EACH AGREE TO INDEMNIFY AND HOLD THE OTHER HARMLESS FROM ANY
AND ALL CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION FOR
PERSONAL INJURY OR DEATH AND /OR DAMAGE TO OR DESTRUCTION OF
PROPERTY OR IMPROVEMENTS CAUSED BY, ARISING OUT OF, OR RESULTING
FROM THE EXERCISE OF EACH PARTIES' RIGHTS AND OBLIGATIONS UNDER
THIS AGREEMENT.
10. Use of Property Compliance. During the term of this Agreement, COLLEGE
STATION shall comply with and obtain any permits or licenses which may be required by
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federal, state or local statute in connection with the use of the Property, including the Antiquities
Code of Texas, Chapter 191 of the Texas Natural Resources Code. COLLEGE STATION
agrees that title to all archaeological objects and artifacts, if any, discovered in or on the Property
shall remain with TAMUS.
11. Hazardous Waste. COLLEGE STATION will not use the Property or permit the
Property to be used so as to cause, suffer, or allow any contamination of soils, ground water,
surface water, or natural resources on or adjacent to the Property resulting from, but not limited
to, spills or leaks of oil, gasoline, hazardous materials, hazardous wastes, or other chemical
compounds, COLLEGE STATION is solely responsible for cleanup of any contamination
resulting from violation of this provision.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON THE PROPERTY IS
CAUSED OR PERMITTED BY COLLEGE STATION AND SUCH MATERIALS
RESULT IN CONTAMINATION OF THE PROPERTY OR IF CONTAMINATION OF
THE PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO COLLEGE STATION'S USE, THEN COLLEGE STATION, TO THE
EXTENT ALLOWED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF
TEXAS, SHALL INDEMNIFY, DEFEND, AND HOLD TAMUS HARMLESS FROM
AND AGAINST ANY AND ALL CLAIMS, JUDGMENTS, DAMAGES, PENALTIES,
FINES, COSTS, LIABILITIES, OR LOSSES (INCLUDING DIMINUTION IN VALUE
OF THE PROPERTY, DAMAGES FOR THE LOSS OF OR RESTRICTION ON USE OF
THE PROPERTY OR OF ANY AMENITY OF THE PROPERTY, AND SUMS PAID IN
SETTLEMENT OF CLAIMS, ATTORNEYS' FEES, CONSULTANTS' FEES AND
EXPERTS' FEES) WHICH ARISE DURING OR AFTER THE EASEMENT TERM AS A
RESULT OF SUCH CONTAMINATION. THIS INDEMNIFICATION OF TAMUS BY
COLLEGE STATION INCLUDES COSTS INCURRED IN CONNECTION WITH ANY
INVESTIGATION OF SITE CONDITIONS AND ANY CLEANUP, REMEDIAL,
REMOVAL, OR RESTORATION WORK REQUIRED BY ANY FEDERAL, STATE, OR
LOCAL GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION BECAUSE OF
THE PRESENCE OF HAZARDOUS MATERIAL.
12. Default and Termination. It is agreed that upon default by COLLEGE
STATION of any of the covenants and conditions set forth in this Agreement, TAMUS has the
right, and such right is expressly reserved, to declare the Easement forfeited, without prejudice to
any claim TAMUS may have against COLLEGE STATION; provided, however, TAMUS will
give COLLEGE STATION written notice of its intention to terminate the Easement and the
reasons for termination, and COLLEGE STATION will have thirty (30) calendar days after
receipt of notice to rectify the default or violation. Upon timely correction, as determined by
TAMUS in its sole discretion, the Easement will remain in full force and effect. Termination or
abandonment of the Easement for any cause is automatic and all rights granted revert to TAMUS
without the necessity of any further action or suit on the part of TAMUS. Upon termination or
abandonment, COLLEGE STATION agrees to file a Release of Easement in the Deed Records
of the County in which the Property is located, but if it fails to do so within ten (10) days
following written demand from TAMUS, then TAMUS shall have the right to file the Release of
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Easement. Abandonment will be deemed to have occurred when the Easement is not used for
the purposes granted for a continuous period of one calendar year.
13. Notices, Any notice required or permitted under this Agreement must be in
writing, and shall be deemed to be delivered (whether actually received or not) when deposited
with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address set out below. Notice may also be given
by regular mail, personal delivery, courier delivery, facsimile transmission, email, or other
commercially reasonable means and will be effective when actually received. TAMUS and
COLLEGE STATION may change their respective notice address by sending to the other party
a notice of the new address. Notices should be addressed as follows:
TAMUS: The Texas A &M University System
Office of General Counsel
Attn: System Real Estate
301 Tarrow Street, 6`h Floor
College Station, Texas 77840 -7896
Phone: (979) 458 -6350
Fax: (979) 458 -6359
COLLEGE STATION: City of College Station, Texas
P.O. Box 9960
College Station, Texas 77840 -7896
Attention: City Manager
Phone: (979) 764 -3510
14, Waiver. The failure of COLLEGE STATION or TAMUS to insist in any one or
more instances on a strict performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment of such covenants in future instances, but the same shall
continue and remain in full force and effect.
15. Privileges and Immunities. COLLEGE STATION acknowledges that TAMUS
is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or
relinquishment by TAMUS of its right to claim exemptions, privileges, and immunities as may
be provided by law,
16. Governing Law and Venue. The validity of this Agreement and all matters
pertaining to this Agreement, including but not limited to, matters of performance,
non - performance, breach, remedies, procedures, rights, duties, and interpretation or construction,
shall be governed and determined by the Constitution and the laws of the State of Texas.
Pursuant to Section 85,18, Texas Education Code, venue for any suit filed against TAMUS shall
be in the county in which the primary office of the chief executive officer of TAMUS is located.
17. Grammatical Interpretation. When the singular number is used, it also includes
the plural, and the masculine gender includes the feminine and neuter gender.
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18. Headings. Headings are for reference and will not be construed to limit or alter
the meaning of the provisions of this Agreement.
19. Saving Clause. If any tern, provision, covenant, or condition of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
of the provisions of this Agreement will remain in full force and effect and will not be affected,
impaired or invalidated.
20. Assi ngmeat. COLLEGE STATION may not sell, assign, encumber or convey
the Easement without the prior written consent of TAMUS and any attempt by COLLEGE
STATION to sell, assign, encumber or convey the Easement without such consent will cause
this Agreement to terminate.
21. Successors and Assigns. This Agreement and each and all of its covenants,
obligations, and conditions shall inure to the benefit of and be binding upon the heirs, personal .
representatives, successors, and permitted assigns of the parties.
22. Entire Agreement. This Agreement constitutes the complete agreement of the
parties and supersedes any prior understanding or agreement, written or oral, between them
regarding the issues covered by this Agreement. This Agreement may not be modified orally or
in any manner other than by agreement in writing signed by the parties hereto or their permitted
successors or assigns.
23. Effective Date. This Agreement is deemed to be in force as of the 21St day of
August, 2012.
SIGNATURES TO FOLLOW ON NEXT PAGE]
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BOARD OF REGENTS OF THE TEXAS A &M
UNIVERSITY SYSTEM, an agency of the State
of Texas
APPROVED AS TO FORM:
IE Tr GOSE, J.D.
Assistant General Counsel
Office of General Counsel
The Texas A &M University System
JOHN SHARP
Chancellor
The Texas A &M
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me this d) S ay of MORCH , 2013 by
JOHN SHARP, Chancellor of The Texas A &M University System, on behalf of the Board of
Regents of The Texas A &M University System, an agency of the State of Texas.
I
Notary Public
CAROLINE D. LAWSON
Notary Public, State of Texas
My Commission Expires
AUGUST 19, 2013
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TERMS AND CONDITIONS EXPRESSLY ACKNOWLEDGED AND ACCEPTED:
CITY OF COLLEGE STATION, TEXAS,
a municipality of the State of Texas
By:
FRANK SON
Interim City Manager
APPROVED AS TO FORM AND CONTENT:
rWE'r,
CARLA ROBINSON
City Attorney
ATTEST:
SHERRY MASHBURN
City Secretary
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me this 28 day of tMabkh —, 2013 by
FRANK SIMPSON, Interim City Manager of the City of College Station, Texas, a municipality
ofthe State of Texas, on behalf of said municipality.
CELIA HERNANDEZ
Notary Public, State of Texas
J t My Commission Expires
nl r March 30. 2016
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Notary Public
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METES AND BOUNDS DESCRIPTION
OF A
10' ELECTRICAL EASEMENT
RICHARD CARTER LEAGUE, A -8
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A PROPOSED ELECTRICAL EASEMENT LYING AND BEING
SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, COLLEGE STATION, BRAZOSCOUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 57.304 ACRE TRACT AS
DESCRIBED BY A DEED TO TEXAS A &M UNIVERSITY RECORDED IN VOLUME 1192, PAGE 376 OF
THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF AN EXISTING BUILDING (COMMONLY KNOW AS
THE T.I. BUILDING), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF
FM 60 MARKING THE WEST CORNER OF SAID 57.304 ACRE TRACT AND THE NORTH CORNER OFA
CALLED 150.00 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION
RECORDED IN VOLUME 3237, PAGE 229 OF THE OFFICIAL PUBLIC RECORDS OFBRAZOS COUNTY,
TEXAS, BEARS: S 89' 35'26" W FOR A DISTANCE OF 1202.65 FEET;
THENCE: S 02° 14' 15" W ALONG THE EAST SIDE OF SAID BUILDING FOR A DISTANCE OF 91.11
FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 87'4414 1 " E THROUGH SAID 57.304 ACRE TRACT FORA DISTANCE OF 39.79 FEET TO A
POINT ON THE WEST LINE OF AN EXISTING VARIABLE WIDTH ELECTRICAL EASEMENT AS
DESCRIBED IN VOLUME 3473, PAGE 93 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS, FOR REFERENCE AN ANGLE POINT IN SAID WEST LINE BEARS: N 020 15'0211 E FOR ADISTANCEOF406.73 FEET;
THENCE: S 02' 15'02" W ALONG THE WEST LINE OF SAID EXISTING EASEMENT FOR A DISTANCE
OF 10.00 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF THIS HEREIN DESCRIBEDEASEMENT;
THENCE: N 870 44'41" W CONTINUING THROUGH SAID 57.304 ACRE TRACT FORA DISTANCE OF
39.79 FEET TO A POINT ON THE EAST LINE OF SAID BUILDING MARKING THE SOUTHWESTCORNEROFTHISHEREINDESCRIBEDEASEMENT;
THENCE: N 02' 14' 15" E ALONG THE EAST LINE OF SAID BUILDING FOR A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING CONTAINING 398 SQUARE FEET OF LAND, MORE OR LESS.
BEARING ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPSOBSERVATION.
BRAD KERB
REGISTERED PROFESSIONAL LAND SURVEYOR
RP.L•S. NO. 4502 t. .aa
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Filed for Record in:
BRAZOS COUNTY
On: Apr 0512013 at 03:45P
As a
Recordings
Document Number: 01151191
Amount 52.00
Receipt Number - 466715
Byv
Patsy ilontalbano
STATE OF TEXAS COUNTY OF BRAZOS
I hereby certify that this instrument Was
filed on the date and time stamped hereon bg me
and taas duly recorded in the volume and page
of the Official Public records of:
BRAZOS COUNTY
as stamped hereon by me.
Apr 0512013
Karen Mc0ueenv Brazos County Clerk
BRAZOS COUNTY