HomeMy WebLinkAboutPR 21045: PERMANET EASEMENT AGREEMENT WITH ENTERPISE TE PRODUCTS PIPELINE COMPANY P. R. No. 21045
09/10/19 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PERMANENT EASEMENT AGREEMENT WITH ENTERPRISE TE
PRODUCTS PIPELINE COMPANY FOR THE PURPOSE OF
MAINTAINING THREE (3) EXISTING PIPELINES WITHIN THE CITY
LIMITS OF PORT ARTHUR
WHEREAS, per Resolution No. 99-203, TE Products Pipeline Company also known
as Enterprise TE Products Pipeline Company, LLC, herein referred to as ("TE Products") was
granted Pipeline Permit 99-01 for the installation of three (3) 12.75-inch O.D. natural
gasoline, ethylene and propylene pipelines within the city limits of Port Arthur, Texas; and
WHEREAS, per Resolution No. 99-201, the City approved a twenty (20) year
nonexclusive License To Use agreement with TE Products for the purpose of constructing,
installing, laying, maintaining, operating, replacing and repairing said pipelines; and
WHEREAS, the License To Use agreement is set to expire at the end of September
2019; however, City Staff and TE Products concluded that the City's interest would be best
served to replace the expiring agreement with a Permanent Easement Agreement for the
purpose of continuing the maintenance and operation of said pipelines within the city limits
of Port Arthur, Texas; and
WHEREAS, certified appraisals of the property have been performed to determine
the Fair Market Value in accordance with Section 272.001(b) of the Texas Local
Government Code; and
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WHEREAS, TE Products has agreed to compensate the City the fair market value
amount of $12,419.00 for the permanent easements; and
WHEREAS, the City Council hereby approves the easements between the City of
Port Arthur and TE Products, in substantially the same form as attached hereto as Exhibit
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to execute the Permanent
Easement Agreement between the City of Port Arthur and TE Products Pipeline Company
also known as Enterprise TE Products Pipeline Company, LLC, in substantially the same
form as attached as Exhibit "A".
Section 3. That this Permanent Easement Agreement is contingent upon receipt
of payment from TE Products, in the total amount of $12,419.00.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City of Port Arthur.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2019, at a Meeting of the City Council of the City of Port Arthur, by the following
vote: AYES:
Mayor: ,
Councilmembers: ,
s.pr21045
NOES:
Thurman "Bill" Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Ad Jt1
IJ9(71 a
Val Ano
City A or ey
APPROVED FOR ADMINISTRATION:
Ron Burton,
Interim City Manager
Alberto Elefano, P.E.
Director of Public Works
s.pr21045
EXHIBIT "A"
s.pr21045
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT.TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement (this "Agreement"), dated , 2019, is
between City of Port Arthur, Texas, a Municipal Corporation whose mailing address is 444
4th Street, Port Arthur, Texas 77641-1089, (hereinafter referred to as "Grantor", whether one or
more), and Enterprise TE Products Pipeline Company LLC, with offices at 1100 Louisiana
Street, Suite 1000, Houston, Texas 77002, and whose mailing address is P.O. Box 4324, Attn:
Land Dept., Houston, Texas 77210-4324 and its successors and assigns (such entity and its
successors and assigns are collectively referred to as the "Grantee"). For and in consideration of
the sum of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and
conveys unto Grantee a non-exclusive unobstructed permanent easement (the "Permanent
Easement") for the right to survey, construct, lay, maintain, inspect, erect, alter, operate, protect,
repair, replace with same or lesser size pipe, remove and, or abandon in place three (3) pipelines
(the "Pipelines") along a route selected by Grantee within the Permanent Easement,together with
such below ground valves (unless a valve site easement is granted hereunder, in which case,
Grantee shall have the right to place the valve and related equipment both above and below
ground), and below ground fittings,meters, corrosion control devices,wires, cables, markers and
other equipment and appurtenances, as may be necessary or convenient for operation and
maintenance of the Pipelines (collectively with the Pipelines, the "Facilities") in, over, through,
upon, across, under, and along land owned by the Grantor described in the Exhibit "A-1 and A-
2" and depicted on the Exhibit "B-1 and B-2" (the "Property"). The Permanent Easement is
described and depicted on Exhibit "A-1 and A-2" and Exhibit "B-1 and B-2" attached hereto.
The easements herein granted are hereinafter referred to collectively as "Easements."
It is further agreed as follows:
1. The right to use the Permanent Easement shall belong to the Grantee and its agents,
employees, designees, contractors, guests, invitees, successors and assigns, and all those
acting by or on behalf of it for the above stated purposes for the transportation of oil, oil
product, gas or other liquid hydrocarbon byproduct, liquefied minerals and other mineral
solutions, including but not limited to ethylene, propylene, and natural gasoline. Grantee
Grantor Initials
shall have the right of ingress and egress over, across and through the Easements, and to
access same from other rights-of-way or easements and roads to which Grantee has the
right of access, for the above stated purposes and for all other purposes necessary and at
all times convenient and necessary to exercise the rights granted by this Agreement.
2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and
fills on the Permanent Easement (while in effect) to ensure proper lateral and subjacent
support and for drainage for the Facilities, and shall have the right to remove trees, brush,
crops and other vegetation and obstructions from the Permanent Easement(while in effect).
3. Grantee shall have no right to fence or enclose the Permanent Easement. Grantee shall,
during the initial construction operations, maintain suitable crossings on, over, and across
the Permanent Easement.
4. Grantor may use the Property within the Permanent Easement for any and all purposes not
inconsistent with the Grantee's easement rights and so as not to interfere with Grantee's
Facilities. Grantor's uses may include, but shall not be limited to, using the Permanent
Easement and the Temporary Construction Easement for agricultural,open space,set-back,
density, street, utility and roadway purposes. Grantor is permitted, after review and
approval by Grantee,which will not be unreasonably withheld,to construct and install any
and all streets and roadways, at any angle of not less than forty-five degrees (45°) to
Grantee's Facilities, across the Permanent Easement which do not interfere with, damage,
destroy or alter the operation of the Facilities,and Grantor may also construct and/or install
water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent
Easement at any angle of not less than forty-five degrees (45°) to Grantee's Facilities,
provided that all of Grantee's required and applicable spacings, including depth separation
limits and other protective requirements are met by Grantor. The use of the Permanent
Easement and Temporary Construction Easement (while in effect) by Grantor shall be
regulated by all appropriate ordinances, regulations, resolutions or laws of any
governmental entity having authority over the Permanent Easement and the Temporary
Construction Easement. Grantor must notify Grantee in writing before the construction or
installation of any streets, roadways, utilities or other encroachments on the Permanent
Easement. "Grantor shall be responsible for complying with any state or local "one call"
requirements in the event of construction on or near the Permanent Easement."
5. Notwithstanding anything to the contrary, Grantor may not use any part of the Permanent
Easement if such use may damage, destroy, injure, and/or interfere with the Grantee's use
of the Permanent Easement or its Facilities. Grantor is not permitted to conduct any of the
following activities on the Permanent Easement without the prior written permission of
Grantee: (i)construct any temporary or permanent building or site improvements, other
than streets and roads as provided above; (ii) drill or operate any well; (iii) remove soil or
change the grade or slope; (iv) impound surface water; or (v) plant trees or landscaping.
Grantor further agrees that no above or below ground obstruction that may interfere with
Grantor Initials
the Facilities may be placed, erected, installed or permitted within or upon the Permanent
Easement without the prior written permission of Grantee. In the event the terms of this
paragraph are violated, Grantee shall have the immediate right to correct or eliminate such
violation at the sole expense of Grantor.
6. Grantee has the right from time to time on the Permanent Easement, and without liability
or compensation to Grantor, to trim, cut down or eliminate trees or shrubbery as may be
necessary to prevent possible interference with the operation of the Facilities and to remove
possible hazards thereto,and the right to remove or prevent the construction of,any and all
buildings, structures, reservoirs or other obstructions on the Permanent Easement which,
in the sole judgment of Grantee, may endanger or interfere with the efficiency, safety, or
convenient operation of the Facilities. From and after the completion of initial construction,
Grantee shall pay any damages that may arise to growing crops, timber, fences and other
improvements from the construction, maintenance and operation of the Pipeline, provided
that Grantee shall not be responsible for paying damages for its removal of any trees or
brush (but not growing crops) from the Permanent Easement as part of its routine
operations to maintain the Permanent Easement free from obstructions. Grantee will
maintain the Easements (the Temporary Construction Easement only during the Initial
Construction Period) clear of all litter and trash during periods of construction, operation,
maintenance, repair or removal.
7. Grantor shall, to the extent owned by Grantor, retain all the oil, gas, and other minerals in,
on and. under the Property, including within the Permanent Easement; provided, however,
Grantor shall not be permitted to drill or operate equipment for the production or
development of minerals within or on the Permanent Easement. but Grantor will be
permitted to extract the oil and other minerals from and under the Permanent Easement by
directional drilling and other means, so long as such activities do not damage, destroy,
injure, and/or interfere with the Grantee's use, operation and maintenance of the Facilities
or Grantee's use of the Permanent Easement for the purposes for which the Permanent
Easement is sought by Grantee.
8. Upon completion of the project construction and permanent fencing destroyed or disturbed
by project construction activities shall be repaired and, or re-installed by Grantee, at its
sole expense, along substantially the same alignment, configuration and approximate
location of the Grantor's existing fences.
9. Grantee agrees that it will fully and timely comply with all Federal laws, regulations,
certificates, plans and procedures as approved by a Federal agency or any other Federal
rules that apply to construction and operation of the pipeline.
10. Grantee shall have the right to adequately mark the Pipeline with permanent line markers,
ground placards and test leads in order to promote public safety and the future safe
operation of said pipeline, and to meet applicable governmental regulations.
Grantor Initials
11. Notwithstanding anything to the contrary herein,Grantee(except for pipeline markers and
cathodic test leads,which will be placed within the Permanent Easement at road crossings,
property boundaries or existing fence lines intersected by the Pipeline, unless required by
applicable Department of Transportation Code regulations to be placed at other locations
within the Permanent Easement, and pipeline vents which will be placed within the
Permanent Easement at road crossings where required), will not construct, build, install,
maintain or have any above ground structures,installations,equipment or apparatus of any
kind on or within the boundaries of the Permanent Easement,unless an easement is granted
herein for a valve site,in which case Grantee's valve and related facilities can be above and
below ground.
12. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim
or liability or loss from personal injury, property damage resulting from or arising out of
the use of the Easements by Grantee,its contractors,servants,agents or invitees,excepting,
however, any and all claims, liabilities or damages as may be due to or caused by the acts
of Grantor,or its servants, agents or invitees.
13. Grantee shall comply in all respects, at its sole cost, with all applicable federal, state, and
local laws, rules, and regulations which are applicable to Grantee's activities hereunder,
including, without limitation, the construction, use, operation, maintenance, repair and
service of the Facilities.
14. Grantee shall have the right to assign this Agreement to the extent allowed by applicable
law, and the rights granted hereunder, in whole or in part, to one or more assignees. All •
Easements, except temporary ones, shall be in perpetuity, and the provisions of this
Agreement, including all benefits and burdens, shall be a covenant • running with the land
and shall be binding on Grantor and grantee and their respective successors and assigns.
15. All equipment, fixtures, and facilities placed on the Easements by Grantee shall be and
remain the property of Grantee. Grantee shall have the right to terminate this Agreement
or any portion thereof by filing a release in the same public records in which it is recorded.
In the event that Grantee terminates this Agreement,in whole or part,Grantee shall have a
reasonable time afterward at its sole option to either remove all of its equipment, fixtures,
and facilities or to remove surface facilities and abandon subsurface facilities in-place.
Following removal of its equipment and fixtures,Grantee shall restore the lands,as nearly
as practicable,to the condition existing prior to termination.
16. IF ANY DISPUTE ARISES OUT OF OR IN RELATION TO THE PERMANENT
EASEMENT, AND IF THE DISPUTE CANNOT BE SETTLED BY DIRECT
NEGOTIATIONS, BOTH PARTIES AGREE TO SUBMIT TO THE
JURISDICTION AND VENUE OF THE COURTS LOCATED IN JEFFERSON
COUNTY TEXAS.
Grantor initials
EXECUTED this day of , 2019.
GRANTOR:
City of Port Arthur, Texas, Title
a Municipal Corporation
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF §
On this day of , 2019,before me, a Notary Public,duly commissioned,
qualified, and acting within and for the State and County aforesaid, personally appeared
on behalf of City of Port Arthur, Texas, a Municipal
Corporation, known to me (or satisfactorily proven)to be the person whose name is subscribed to
the within instrument and acknowledged that he had so voluntarily signed,executed, and delivered
said instrument for the purposes therein mentioned and set forth.
Notary Public,State of
My Commission Expires:
Return to:
Enterprise TE Products Pipeline Company LLC
Jason Shell
6275 HWY 347
Beaumont, TX 77705
Grantor Initial~
Exhibit"A-1"
Dwg.No.TPA-007-8315
City of Port Arthur
Jefferson County,Texas
Being the description for the centerline of a License to use,being 30 feet wide,said License
lying and situated in Jefferson County,Texas and being out of the T&NO RR SURVEY's
Abstract NO's.244 and 241,and the B.B.B.&C.RR Survey,Abstract No.80,and being located
on that tract described in a conveyance to The City of Port Arthur,dated September 3, 1969,as
recorded in Volume 1610,Page 244 of the Deed Records of Jefferson County,Texas and the
centerline of said License being more particularly described as follows:
BEGINNING S 53°07'38"E 83.90 feet from an interior ell corner of the aforesaid referred to
City of Port Arthur tract of land,also being on the northerly line of a tract described as Tract No.
J63A to Entergy,said POINT OF ENTRY having coordinates,N13921422.67 and E3563228.05;
THENCE N 33°36'34"Eat 41.16 feet an angle point in said centerline;
THENCE N 36°33'55"Eat 619.45 feet intersect the northerly line of said City of Port Arthur
tract,also being on the southerly line of a tract of land described as Tract No.J-65 to Entergy
dated December 17,1962 as recorded in volume 1328,Page 217 of the Deed Records of
Jefferson County,Texas and being the POINT OF EXIT of said license centerline and having
coordinates N13921954.48 and E3563619.87;said point bearing N53°20'08"W at 80.64 feet
from the intersection of the easement line with said northerly boundary line of the aforesaid
referred to City of Port Arthur tract of land.
This centerline contains 40.04 rods,more or less.
Note:
The bearings,distances and coordinates used in this description are based on Texas State
Plane Coordinates,South Central Zone,Lambert Projections,NAD83.
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JEFFERSON COUNTY, TEXAS
T. & N.O. RR SURVEYS, A-244 & 241 .
H.B.B. & C. RR SURVEY, A-80 11.. �
CITY OF PORT ARTHUR
TRACT NO. J-64
VOL 1810, PG. 244 D.R.J.C.T.
CEN-ERUNE IS 660.61 FEET OR 40.04 RODS LONG
300 150 0 300
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SCALF IN FEET
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I Yl BEARINGS.OSTU.QS AHD C0010NATF,5 ARE R.UT•0412
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Q919 0 20 9. 0110 00!.9000 DARN Cf .B3 TNI 000
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S/c/`^' �'t'o \ LOT 2 RCM RCP G.o OGb1GS 00110004749.
j / O 4 2. 0 C[OTERUNE 0CSCRina*A5 PREPARED BY MC SWK''}
(P.A.L CO.) �P'P 9 ea.:Ne0"Mn1 RAS PUT
BLOCK 10 m L a0Aa E.(Pmit��L o0 149909 C(RIP•r NN0'n.0 P,At
RANGE 1 .1\moi .. 6 co7PEc11.1•09R[S01TS A 4NWE9 7090[a na oRauro ws
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1 s 3.s097r c) {{ N.16-3,1'55'£ POINT OF EXIT
E N T E R G Y s aunrJs'r-4190' J 1 629.45' PNC411431929195'4.487
E 3563619.87 PLAT OF THE CENIERUNE FOR A
�son1 mrcn x * 1 _ :\ ` r8 B B 30-FOOT w1DE LCENSE TO USE ACROSS
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N 1392142267 5
FlTFRGY E 3563225.03 FNIFRGY s N•5 i ...... WE ...Po. I... =
TRACT NO. J-830 TRACT NO.J-65 6'M C .. ... .�.,..... C
7.58 AC. 3.59 AC, EE R S a270...4PAN ..�._...�-
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Exhibit "A-2"
Dwg.No.TPA-007-8320
City of Port Arthur
Jefferson County,Texas
Being the description for the centerline of a license to use being 30 feet wide,said License lying
and situated in Jefferson County,Texas and being out of the B.B.B.&C.RR SURVEY
ABSTRACT NO.79, and being located on that 60-post wide tract described in a conveyance to
The City of Port Arthur,dated April 11, 1913,as recorded in Volume 155,Page 169 of the Deed
Records of Jefferson County,Texas and the centerline of said License being more particularly
described as follows:
BEGINNING N 40"13'22"W,at 294.13 feet from the intersection of the southerly line of the
aforesaid referred to City of Port Arthur tract and the westerly line of 60th Street,said POINT OF
ENTRY having coordinates,N13925943.38 and E3566415.12;
THENCE N 35°16"l3"Eat 61.97 feet intersect the northerly line of said City of Port Arthur
tract,also being on the southerly line of a tract of land conveyed to Santa Maria Building
Company,dated March 31, 1970 as recorded in volume 1633,Page 73 of the Deed Records of
Jefferson County,Texas and being the POINT OF EXIT of said license centerline and having
coordinates N13925993.98 and E3566450.90;said point bearing N 40°13'22"W at 295.62 feet
from the intersection of the northerly line of the aforesaid referred to City of Port Arthur tract
and the westerly line of 60`h Street.
This centerline contains 3.76 rods,more or less.
Note:
The bearings,distances and coordinates used in this description arc based on Texas State
Plane Coordinates,South Central Zone,Lambert Projections,NAD83.
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JEFFERSON COUNTY, TEXAS
B.B.B. & C. RR SURVEY, A-79
CITY OF PORT ARTHUR I�
TRACT Na J-698
VOL. 155, 'G. 169
CENTERUNE IS 61.97 FEET OR 3.76 ROOS LONG
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UCEN. TO USE ! ,0 NE ic`ui STA Aw COO 01 ArE sK.Dr.SSCON
1 EOM*MAC NORM A9fRiCAN DAILY OF 193.1.Mf 6190
PANT OF ENTRY ! FACMA USED RAS o99a1AS. nF OEM EAU BE.Aa¢s Aa
POINT D<E7aT Nono`a WO PEARPICS CONPAnsw
N 13925943.38 ! 2. A CENt1UNE OESOWnON WAS PREPAAEC B9 INE SUM**
E 3366415.11 N 1392599.1.98 m C9NAMCnpN 91T.nos MAT.
N 3576.1.1'f E 3566.50.90
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