HomeMy WebLinkAboutPR 14716: AIR PRODUCTS, LLCinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~~ ~,1 ~ ~:~~ -
Date: May 2, 2008
Subject: P. R. No. 14716; Council Meeting May 7, 2008
Attached is P. R. No. 14716 as it pertains to approving
easements with Air Products LLC as it pertains to a 14" Hydrogen
Pipeline. The EDC Agreement is contingent upon the City of Port
Arthur Section 4A Economic Development Corporation approving the
portion of the pipeline that crosses EDC property at a Special EDC
Meeting on May 6, 2008 at 6:00 p.m.
MTS:ts
Attachment
cc: Floyd Batiste
Guy Goodson
z.pr14716 memo
P. R. No. 14716
05/02/08 is
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO APPROVING
EASEMENTS WITH AIR PRODUCTS LLC AS IT PERTAINS
TO A 14" HYDROGEN PIPELINE
WHEREAS, Air Products LLC is installing a pipeline in the City;
and
WHEREAS, the City has issued a permit, Number 08-O1, for the
pipeline to cross City streets; and
WHEREAS, Air Products LLC has to obtain easements to cross City
or EDC property; and
WHEREAS, Air Products LLC will cross the EDC tract adjacent to
IASIS Hospital; and
WHEREAS, Air Products LLC will cross a portion of Lucian Adams
Park; and
WHEREAS, Air Products LLC will cross another 60' wide City
tract.
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 herein authorizes the President
and Secretary of the EDC to sign the easement, in substantially
the same form as described in Exhibit "A", for the EDC tract.
z.pr14716
Section 3. That the City Manager herein is authorized to
sign the easement, in substantially the same form as described in
Exhibit "B", for the City tract at Lucian Park.
Section 4.
That the City Manager herein is authorized to
sign the easement, in substantially the same form as described in
Exhibit "C", for the 60' wide tract adjacent to the KCS Right of Way.
Section 5.
That a copy of the caption of this Resolution be
spread upon the Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this _ day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
_~
NOES:
MAYOR
ATTEST:
ACTING CITY SECRETARY
z.pr14716
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.pr14716
EXHIBIT "A"
to the Resolution
NONEXCLUSIVE PIPELINE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
WHEREAS, Air Products LLC, a Delaware Limited
Liability Company ("Air Products") has a permit from the
City of Port Arthur to lay and operate a pipeline in the
City of Port Arthur in accordance with the Code of
Ordinances of the City of Port Arthur.
WHEREAS, Air Products has indicated that it has, or
will require easements in the area as described in Exhibit
~~ A,~
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation desires to cooperate with Air
Products for the installation of the pipeline, which will
assist in the economic development of the area and will
facilitate funding to City of Port Arthur Section 4A
Economic Development Corporation.
WHEREAS, this easement to Air Products is subject to
and subordinate to the use of the land as a location of
businesses using incentives under Section 4A, Article
5190.6 VTCA.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
z.air products~ipeline easement_edc ].
That the City of Port Arthur Section 4A Economic
Development Corporation organized and existing under the
laws of the State of Texas (hereinafter called "Grantor"),
for and in consideration of the sum of Seven Hundred and
No/100 Dollars ($700) per rod and other good and valuable
consideration, receipt of all of which is hereby
acknowledged and confessed, does hereby grant, convey, and
warrant unto Air Products (hereinafter called "Grantee),
the nonexclusive right, privilege, and easement to install
a pipeline of no more than 486.63 feet or 29.49 rods and
appurtenances thereto on, over, under, across and through a
strip of land owned by Grantor situated in Jefferson
County, Texas.
That said nonexclusive easement shall be limited to an
easement of five feet in width on the portion of the land,
as shown on Exhibit "B", attached hereto and made a part
hereof. Grantee agrees to provide an "as-built" survey of
the nonexclusive easement prepared by a registered surveyor
promptly upon finalization of construction of same.
Grantor and Grantee further agree that any monies payable
by Grantee to Grantor hereunder shall be adjusted to actual
footage per said survey and shall be paid at such time as
the survey is furnished by Grantee to Grantor.
z.air products~ipeline easement_edc 2
That said easement shall be for the purpose of
constructing, installing, maintaining, operati ng,
replacing, and repairing one (1) hydrogen line not to
exceed fourteen inches (14") in diameter, and all
appurtenances thereto (except valves), and centered on the
above described line. Said Easement is granted subject to
the following provisions:
1. Grantee shall make a one (1) time payment
per rod for the pipeline easement.
2. The Pipeline shall be buried a minimum of
five (5) feet below the surface of natural
ground.
3. Profile and alignment to be approved by the
City Engineer~of Port Arthur.
4. Excavations made on Grantor's property shall
be promptly refilled by Grantee, the earth
well tamped, the ground left in the same
condition as before laying of said pipeline,
and locations of the line marked at points
of turn and the markers maintained and
plainly visible. All street and drainage
conditions shall be restored to as good or
better condition than the original state.
5. All driveways and public streets shall be
crossed by the bored method.
6. This pipeline shall be bored beneath all
utility lines, including storm drainage,
with a minimum of three (3) feet vertical
clearance.
7. A temporary construction easement of 75 feet
in width is granted herein, and being
adjacent to the heretofore described line,
as shown on Exhibit "B". The temporary
easement is granted for a period of one
z.air products~ipeline easement_edc 3
hundred and twenty (120) days for
construction, with the right to reasonably
use said temporary easement in the event of
repairs, replacement, or removal of said
pipeline in the future.
8. All damages caused to the surface of the
Grantor's property by the Grantee or his
affiliates shall be promptly repaired at the
Grantee's expense. This includes but is not
limited to damage caused by heavy equipment
to the roads and utility structures and any
ruts, as well as to the landscaping.
9. Grantee shall provide adequate warning
devices to protect the public for the
duration of the work, and shall comply with
all safety requirements as are normal to the
industry.
10. If said pipeline is abandoned for a
continuous period of one (1) year, said
Easement shall immediately terminate, free
of any claim or right by Grantee.
11. Grantee has the sole responsibility for the
operation and maintenance of the pipeline in
a safe manner for the duration of this
Easement.
12. This Easement shall continue in full force
for so long as (1) the pipeline is utilized
to transport hydrogen, (2) so long as Air
Products has a pipeline permit with the City
of Port Arthur, and (3) so long as the
Grantee is in compliance with the terms of
this Easement. Upon termination hereof,
Grantee shall immediately abandon the
pipeline, in accordance with Chapter 66 of
the City of Port Arthur Code of Ordinances
and other applicable state and federal laws.
13. Grantee may terminate the Easement by giving
Grantor ninety (90) days written notice.
Grantor may terminate the Easement by giving
Grantee thirty (30) days written notice if
Grantee is in noncompliance with the terms -
z.air products~ipeline easement_edc [~
of this Easement for a period of thirty (30)
days after receipt of such notice.
14. That the right of ingress and egress granted
herein is limited to the above described
easement and the routes depicted on Exhibit
"B" hereto, and does not include the right
of ingress and egress to any part of
Grantor's other lands. Upon commencing
construction, repair, maintenance or removal`
of said pipeline, Grantor shall be given
reasonable notice, either oral or written,
when the initial entry shall be made.
15. Grantor reserves the right to use the said
premises for all residential, agricultural,
recreational, commercial and industrial
purposes; provided that Grantor shall not
construct any improvements on the easement
strip which would unreasonably interfere with
Grantee's exercise of the rights herein
conveyed. Grantor, Grantor's heirs,
successors and assigns shall have the right
to construct, reconstruct or maintain
streets, roads or drives, road ditches,
drainage ditches, and utilities, over and
across and along said right-of-way at such
place or places as Grantor may from time to
time hereafter select for public or private
use. Grantee agrees that, upon written
request of Grantor, within 180 days of the
request, Grantee will lower its pipeline, at
Grantee's expense, to provide the cover
required by applicable safety standards or
the requirements of any governmental body and
to encase the line if required by the
requirements of any governmental body. Such
crossing may include streets, roads, drives,
ditches, and utilities within it. This
agreement to lower to provide the cover
required and to encase if required shall be
deemed a condition of this easement and if
violated or breached, and not thereafter
corrected by Grantee within 20 days of mailed
notice (sent by certified mail, return
receipt requested), of such violation or
breach will entitle Grantor, and Grantor's
z.air products~ipeline easement_edc rj
heirs, executors, administrators, successors
or assigns, to terminate this easement.
Grantee shall not obstruct or inhibit the
flow of water on the premises, nor interfere
with any drainage during its construction,
and shall be liable for any damages outside
of the easement area caused by standing water
resulting from any such obstruction or
inhibition of the flow of water or from
blocked drainage facilities. Grantee agrees
that all water canals shall be bored and not
cut to assure that water requirements for
landscaping or foliage are not affected or
interrupted.
16. Notwithstanding any other provision herein,
Grantee's sole access and ingress and egress
to the easement described above shall be from
public roads or from Grantee's existing
pipeline easement(s) or work space
hereinafter provided for on adjoining
properties and Grantee releases any right of
other or further access or ingress or egress
across any remaining land of Grantor.
17. At all times during which this agreement is
in effect, Grantee shall maintain general
liability insurance coverage of not less than
$2,000,000 covering damages which Grantor
could suffer as a result of Grantee's
operations. Grantee shall name Grantor as an
additional insured and shall cause such
policy to waive subrogation against the
Grantor.
That rights herein granted to Grantee are not
assignable without Grantor's written consent (which shall
not be unreasonably withheld) and provisions herein shall
be binding upon successors and assigns of both parties.
That in consideration of the privilege herein granted,
Grantee agrees to indemnify and hold harmless Grantor from
z.air products~ipeline easement_edc 6
any and all claims, suits, or demands for damage or loss to
property, or for personal injuries to or death of persons,
including all necessary costs and expenses to Grantor
relating to such claims, suits, or demands caused by,
resulting from, or arising from the construction,
maintenance, operation, repair, or removal of said
pipeline, except for negligent acts of Grantor. In
addition, Grantee shall furnish a bond in a form and with
corporate surety satisfactory to Grantor, in an amount of
Forty-Five Thousand and no/100 ($45,000) Dollars, as
delineated in Chapter 66 of the Code of Ordinances of the
City of Port Arthur. Such Bond shall inure to the benefit
of Grantor and any person who may suffer a loss or injury
as a result of Grantee's operations.
That the venue of any cause of action herein shall be
in Jefferson County, Texas.
z.air products~ipeline easement_edc 7
SIGNED AND AGREED TO on the day of
2008.
GRANTOR:
BY: CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
Signature:
Printed Name:
President
Secretary
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the
day of 2008, by Floyd Batiste, as CEO
of the City of Port Arthur Section 4A Economic Development
Corporation, on behalf of said corporation.
Notary Public in and for the
State of Texas
z.air products~ipeline easement_edc $
SIGNED AND AGREED TO on the day of
2008.
GRANTEE:
BY:
AIR PRODUCTS LLC
Signature:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS ~
COUNTY OF JEFFERSON ~
This instrument was acknowledged before me on this the
day of
as
behalf of said corporation.
of Air Products LLC on
Notary Public in and for the
State of Texas
2008, by
z.air products~ipeline easement_edc 9
EXHIBIT "A"
O_
T
0
a
D
c
C
0
N
7
N
3
x
a
EXHIBIT "B"
JEFFER~C~N Cf~UN1Y, TEAS
T. & N.O. R.R. CO. SURVEY, A-243
EXHIBIT
T. & N.O. R.R. CO.
A-243 ~'
cALC.
CORNER
JF-051.6-S e7e~`~N~ ~ ~T AL
JEFFERSON COUNTY „~'`~ '' ~''~~ gON
DRAINAGE DISTRICT No. 7
10.56 ACRES
CLERKS FILE Ne. 200.3029586
O.P,R.J.C.1'. ~~
P.d.L3.
c.,
J~~
DETAIL "A"
G~'EV
~, JF-053
~, W(LLIA4AS & RAO, L.F.
RESIDUE OF '.50.192 AC=eES
CLERKS FILE No. 200004170E
~ PROPOSED o•P.R.J.c.r.
14" PlPEUNE
JF-052.3
/ CITY OF PORT ARTHUR
.? ~,/ 4A DEV. CORP.
5.326 ACRES
CLERKS FILE No. 2003029594
O.F.R.J.C.T.
„~-- FNO. _.__.....------
1 j 2" I.R. ? - - _._------- ~.'-"'~'"` "._
WiLLIA1.d McFAODIN
A-418
_LfNE UST
1. N 36'38'01" E - 475.54'-TIE
2. N 6729"13" E - 103.43'
3. N 67`40'21" E - 383.20'
4. S 36'18'07" W - 138.91'-TIE
~`
°~....
~~.~
N.T.S.
TOTAL LENGTH: 486.63 FEET = 29.49 RODS
PERMANENT EASEMENT (0.06 AC.)
® TEMPORARY WORK SPACE (0.78 AC.)
9086Y J. MAY
REGLSTERED PROFESSIONAL LAND SURVEYOR
NO. 4217
BEARENGS BASED DN TEXAS STATE PLANE COORD3NATE
SYSTEM, NAD 83, SOFlTH CENTRAL. ZONE, DERIVED FROM
cFS oasERVATt~s
d{U;~AN6 NC~Y~ERiA'C, t . P
HOUSTON, TEXAS
'720PrHmllton BaufeYard ~ + ~.{
Allentown, PA 78795-1501 s
PROf~OSED 14" PIPELINE ACROSS
CITY OF PART ARTHUR
4A DEV. Ct?RP.
1 "=200' I TX-JF-052.3
EXilII31T
E:ASEMINT I)fSCRIF'71()N
Air Products [,LC
JF-OS2.3 City of Port Arthur 4A Dcv. Corp.
Being a centerline description of a five (5} foot wide c;a ernent located in the T. &. N.O.
R.R. Survey, Abstract No. 243, Jefferson County, Texas and being out of that certain
5.32( acre tract described in a Special 1Varranty Decd dated July ] 7, 2003 to the City of
Port Arthur Section 4A Economic Development Corporation, recorded under Clerk's File
No. 2003029594 Official Public Records of Jefferson County, Texas.
Said five (5) foot pride easement being two and one-hatf (2.5) feet right of and two
and on~*-E-atf (2.S) feet left of the following d~critred tine.
BEG1NNlNG at a point on the northwest line of said 5.326 acre tract and a southeast line
of a 10.56 acre tract described by decd. to Jefferson County Drainage District No. 7,
recorded under Clerk's File ?~!o_ 2003029586. Official Public Records of Jefferson
County, Texas, said point bears N 36° 38' 01" );. a distance of 475.54 feet, along said
line, from a ,z" iron rod found far the west corner of said 5.326 acre tr<zct.
THENCi N 67° 29' 13" G, a distance of :1.03.43 feet and N 67° 40` 21" E. a distance of
383.20 Ecct severing said 5.326 acre tract to the point of termination of said easement on
the southeast line oi' said 5.326 acre tract and the northwest Cine cif the residue of a
150.192 acre tract described by deed to Williams & RAO, l...P., recorded under C;lerk's
Pile No. 2000041708 Official Public Records of Jefferson County. Texas, said point
kx;ars S 36° I8' 07" W', a distance of 138.91 feet, along said line, from a point calculated
for the north. corner of said. 5.326 acre tract.
Total Length of this easement being 486.b3 feet or 29.49 rods.
Title work provided by Air Products 1,LC.
Bearings based on the Texas State Plane Coordinate System NAD 83, Texas South
t;cntral 'bone F)eria•cd fmrn (iPS Observations.
Prepared front a sun•cy made oFZ the ground by 9ustang Engineering. L.l'. and
referenced by plat, dated November 28, 2007 attached hereto and made a paz-t hereof.
May Ol, 2008
Bobby J. May
Registered i'rofessional Land Surveyor
No. 4217
EXHIBIT "B"
NONEXCLUSIVE PIPELINE EASEMENT
STATE OF TEXAS ~
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON ~
WHEREAS, Air Products LLC, a Delaware Limited
Liability Company ("Air Product") has a permit from the
City of Port Arthur to lay and operate a pipeline in the
City of Port Arthur in accordance with the Code of
Ordinances of the City of Port Arthur.
WHEREAS, Air Products has indicated that it has, or
will require, easements.
WHEREAS, the City of Port Arthur desires to cooperate
with Air Products for the installation of the pipeline,
which will assist in the economic development of the area
and will facilitate funding tc City of Port Arthur.
WHEREAS, this easement t.o Air Products is subject to
and subordinate to the use of the land as a park or other
purposes as approved by the City.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
That the City of Port ;Arthur organized and existing
under the laws of the State of Texas (hereinafter called
"Grantor"), for and in consideration of the sum of Seven
Hundred and No/100 Dollars ($700) per rod and other good
and valuable consideration, receipt of all of which is
z.air products~ipeline easement city 1.
hereby acknowledged and confessed, does hereby grant,
convey, and warrant unto Air Products, (hereinafter called
"Grantee), the nonexclusive right, privilege, and easement
to install a pipeline of no more than 1,847.12 feet or
111.95 rods and appurtenances thereto on, over, under,
across and through a strip of land owned by Grantor
situated in Jefferson County, 'Texas, at Lucian Park.
That said nonexclusive easement shall be limited to an
easement of five feet in widt:~ on the portion of the land,
as shown on Exhibit "A", attached hereto and made a part
hereof. Grantee agrees to provide an "as-built" survey of
the nonexclusive easement prepared by a registered surveyor
promptly upon finalization of construction of same.
Grantor and Grantee further agree that any monies payable
by Grantee to Grantor hereunder shall be adjusted to actual
footage per said survey and shall be paid at such time as
the survey is furnished by Grantee to Grantor.
That said easement shall be for the purpose of
constructing, installing, maintaining, operating,
replacing, and repairing one (1) hydrogen line not to
exceed fourteen inches (14") in diameter, and all
appurtenances thereto (except valves), and centered on the
above described line. Said Easement is granted subject to
the following provisions:
z.air products~ipeline easement city 2
1. Grantee shall make a one (1) time payment of
$700 per rod for the pipeline easement, for
a term of twenty-five (25) years. The
Easement can be renewed for an additional
twenty-five (25) years on payment of an
additional $1,000 so long as Air Products is
in compliance with this Agreement, and so
long as the renewal is in accordance with
the procedures or provisions in the City_
Charter.
2. The Pipeline shall be buried a minimum of
five (5) feet below the surface of natural
ground.
3. Profile and alignme:~t to be approved by the
City Engineer of Port Arthur.
4. Excavations made on Grantor's property shall
be promptly refilled by Grantee, the earth
well tamped, the ground left in the same
condition as~before laying of said pipeline,
and locations of the line marked at points
of turn and the markers maintained and
plainly visible. All street and drainage
conditions shall be restored to as good or
better condition than the original state.
5. All driveways and public streets shall be
crossed by the bored method.
6. This pipeline shall be bored beneath all
utility lines, including storm drainage,
with a minimum of three (3) feet vertical
clearance.
7. A temporary construction easement of 75 feet
in width is grar.~ted herein, and being
adjacent to the heretofore described line,
as shown on Exhibit "A". The temporary
easement is granted for a period of one
hundred and twenty (120) days for
construction, with the right to reasonably
use said temporary easement in the event of
repairs, replacement, or removal of ,said
pipeline in the future.
z.air products pipeline easement city 3
8. All damages caused to the surface of the
Grantor's property by the Grantee or his
affiliates shall be promptly repaired at the
Grantee's expense. This includes but is not
limited to damage caused by heavy equipment
to the roads and utility structures and any
ruts, as well as to the landscaping.
9. Grantee shall provide adequate warning,
devices to protect the public for the
duration of the work, and shall comply with
all safety requirements as are normal to the
industry.
10. If said pipeline is abandoned for a
continuous period of one (1) year, said
Easement shall immediately terminate, free
of any claim or rigr.t by Grantee.
11. Grantee has the sole: responsibility for the
operation and maintenance of the pipeline in
a safe manner for the duration of this
Easement.
12. This Easement shall continue in full force
during the twenty-five (25) year term for so
long as, (1) the pipeline is utilized to
transport hydrogen, (2) so long as City of
Port Arthur has a pipeline permit with the
City of Port Arthur, and (3) so long as the
Grantee is in compliance with the terms of
this Easement. Upon termination hereof,
Grantee shall immediately abandon the
pipeline, in accordance with Chapter 66 of
the City of Port Arthur Code of Ordinances
and other applicable state and federal laws.
13. Grantee may terminate the Easement by giving
Grantor ninety (90) days written notice.
Grantor may terminate the Easement by giving
Grantee thirty (30) days written notice if
Grantee is in noncompliance with the terms
of this Easement fo:r a period of thirty (30)
days after receipt of such notice.
14. That the right of ingress and egress granted
z.air products~ipeline easement city !~
herein is limited to the above described
easement and the routes depicted on Exhibit
"A" hereto, and does not include the right
of ingress and egress to any part of
Grantor's other lands. Upon commencing
construction, repair, maintenance or removal
of said pipeline, Grantor shall be given
reasonable notice, either oral or written,
when the initial entry shall be made.
15. Grantor reserves the right to use the said
premises for park and other purposes as
approved by the City; provided that Grantor
shall not construct any improvements on the
easement strip which would unreasonably
interfere with Grantee's exercise of the
rights herein conveyed. Grantor, Grantor's
heirs, successors and assigns shall have the
right to construct, reconstruct or maintain
streets, roads or drives, road ditches,
drainage ditches, playing fields, and
utilities, over and across and along said
right-of-way at Sl1Ch place or places as
Grantor may from time to time hereafter
select for public or private use. Grantee
agrees that, upon written request of Grantor,
within 180 days of the request, Grantee will
lower its pipeline, at Grantee's expense, to
provide the cover required by applicable
safety standards or the requirements of any
governmental body and to encase the line if
required by the requirements of any
governmental body. Such crossing may include
streets, roads, drives, ditches, and
utilities within it. This agreement to lower
to provide the cover required and to encase
if required shall be deemed a condition of
this easement and if violated or breached,
and not thereafter corrected by Grantee
within 20 days of mailed notice (sent by
certified mail, return receipt requested), of
such violation o:r breach will entitle
Grantor, and Gran.tor's heirs, executors,
administrators, successors or assigns, to
terminate this easement. Grantee shall not
obstruct or inhibit the flow of water on the
premises, nor interfere with any drainage
z.air products~ipeline easement city rj
during its construction, and shall be liable
for any damages outside of the easement area
caused by standing water resulting from any
such obstruction or inhibition of the flow of
water or from blocked drainage facilities.
Grantee agrees that all water canals shall be
bored and not cut to assure that water
requirements for landscaping or foliage are
not affected or interrupted.
16. Notwithstanding any other provision herein,
Grantee's sole access and ingress and egress
to the easement described above shall be from
public roads or from Grantee's existing
pipeline easement(s) or work space
hereinafter provided for on adjoining
properties and Grantee releases any right of
other or further access or ingress or egress
across any remaining land of Grantor.
17. At all times during which this agreement is
in effect, Grantee shall maintain general
liability insurance coverage of not less than
$2,000,000 covering damages which Grantor
could suffer as a result of Grantee's
operations. Grantee shall name Grantor as an
additional insured and shall cause such
policy to waive subrogation against the
Grantor.
That rights herein granted to Grantee are not
assignable without Grantor's written consent (which shall
not be unreasonably withheld) and provisions herein shall
be binding upon successors and assigns of both parties.
That in consideration of the privilege herein granted,
Grantee agrees to indemnify and hold harmless Grantor from
any and all claims, suits, or demands for damage or loss to
property, or for personal injuries to or death of persons,
including all necessary costs and expenses to Grantor
z.air products~ipeline easement city
relating to such claims, suits, or demands caused by,
resulting from, or arising from the construction,
maintenance, operation, re~>air, or removal of said
pipeline, except for negligent acts of Grantor. In
addition, Grantee shall furnish a bond in a form and with
corporate surety satisfactory to Grantor, in an amount of
Forty-Five Thousand and no/100 ($45,000) Dollars, as
delineated in Chapter 66 of t=he Code of Ordinances of the
City of Port Arthur. Such Bcnd shall inure to the benefit
of Grantor and any person who may suffer a loss or injury
as a result of Grantee's operations.
That the venue of any cause of action herein shall be
in Jefferson County, Texas.
z.air products~ipeline easement city ']
SIGNED AND AGREED TO on the day of
2008.
GRANTOR:
CITY OF PORT ARTHUR
BY:
Signature:
Printed Name:
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the
day of 2008, by Stephen Fitzgibbons,
City Manager of the City of Pcrt Arthur, on behalf of the
City of Port Arthur.
Notary Public in and for the
State of Texas
z.air products~ipeline easement city $
SIGNED AND AGREED TO on the day of
2008.
GRANTEE:
BY:
AIR PRODUCTS LLC
Signature:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS ~
COUNTY OF JEFFERSON ~
This instrument was acknowledged before me on this the
day of
as
behalf of said corporation.
of Air Products LLC on
Notary Public in and for the
State of Texas
2008, by
z.air products pipeline easement city 9
EXHIBIT "A"
JEFFERSON COUNTY, TEXAS
T. & N.O. R.R. CO. SURVEYS, A-241. & 244
B.B.B. & C. R.R. CO. SURVEY, A-80
EXHIBIT
SHEET 1 OF 2
LINE LIST
t. N 53'21'42" W-22.51'-TIE
2. N 36'54'02" E-1146.85'
3. N 60'56'48" E-41.81'
4. S 36'38'1 t" W-134.92'-TIE
5. S 53'21'2D" E-51.62'-TlE
6. N 36'44'00" E-638.60'
7. N 26'20'29" E-19.86'
8. S 53'20'08" E-49.08'-TIE
B.B.B. & C. R.ft. CO.
A-80
JF-058.2
GULF STATE UTILff1ES COMPANY
5.1 ACRES
VOL. 1328, PG. 217
D.R.J.C T.
r~~
FNO. 6"
CONC. MOPl.
e TER~iiNAL
7 POINT
SEE DETAIL "B"
PRAY. AIR
T. & N.O. R.R. CO. _ ~--""`"'--- P~PEU^7E
A-241 CALC. CORNER `
_..~-r ~ - ~-~-~ ~ 4 .,, v POINT OF
PRQPOSED a RE-ENTRY
T. & NA.02 4R. CO. JF-058 l4" PIPELINE p~
CITY t7F PART ARTHUR POINT OF EXIT
32.43 ACRES (LOTS 3 8: 4}
VOL. 1612, PG. 353
LOT N0, 2, BLK. 10, RANGE 1 SEE DETAIL "A"
VOL. 1610, PG. 244
D.R.J.C,T. ~r
JF-058.1
wJ
7. ¢~ GULF STATE UTILITIES COMPANY
~~ 11.36 ACRES
w`~ VOL. 1330, PG. 552
~~~ D.R.,J.C.T.
e¢' /',~
-f' ~~
~'~
P.Q.B. -----"i
JF-057 ~, / ~\
ANGEL MID JEFF COUNTY J.V. ~ L~~..
PARCEL A: FNO. 5/8" I.R.
TRACT 158-A 14.39G ACRES
FILE NO. 1999035119
O.P.R,J.C.T.
t
`~ ~_..._
BOBBY J. MAY
REGISTERED PROFESSIONAL LAND SURVEYOP.
NO. 4217
BEARINGS BASED ON TEXAS STATE PLANE COORDINATE
SYSTEM, NAO 83, SOUTH CENTRAL ZONE, DERIVED FROM
GPS OBSERVATIONS
TOTAL LENGTH: 1847.12 FEET = 111.95 RODS MUSTANG ENGlNfERING, t . P.
NOTE: FOR DETAIL SEE SHF.EJ 2 OF 2 NousroN, Texas
pf(AMx br d1ECKE0 By MPRWLD DY DATE DAT£
MS TC BM 8 27 07 8 27 07
Air Products LLC
7201 Hamilton 8oulevord `•
Allentown, PA 18195-1501
PROPOSED 14" PIPELINE ACROSS
CITY OF PORT ARTHUR
°=400' ( TX-JF-058
~ I~~~~~
~EFF~~sor~ cou~~, T~xAs
T. & N.O. R.R. CO, SURVEYS, A-241 & 244
B.B.B. & C. R.R. CO. SURVEY, A-80
EXHIE3IT
SHEET 2 OF 2
~~
bETAIL "B"
N.T.S.
PERMANENT EASEMENT (0.21 AC.)
t'Gl//l TEMPORARY WORK SPACE (2.89 AC.)
ADDITIONAL TEMPORARY WORK SPACE (0.11 AC.)
NOT ~ FOR PJ„AT S~E_,5t#EET 1 OF 2
a~usr~r77c Frrcr~Er-R~~c, f . R.
HOUS70N, TEXAS
Air Producks llC
7207 Homihon 8oulevcrd ~ +i*<
Agerskawn, PA 181 95-5 50 7
PROPOSED 14' PIPELINE ACROSS
CffY OF PORT ARTHUR
TX-JF-058
p~T,A(L "A"
N.T.s,
1ix111Bff
eASrh11:NT Dl>scRn'rtc)N
:fir Products 1,1:,C
S['-U58 City afPott Arthur
Being a cenfcrline description of a five (5) fcwt wide easement located iu the "C. Nc Iv,D. R.R. Co. Survey.
Ahstracl No. 244, the T. K N.O. R.R. Co, Survey, Abstract No. 241 and the 13:B.B. R C. R.R. Co. Survey,
;16stract Nu. 8U Jefferson County, Texas and txing aft of that certain 32.43 acre tract described by deed
datad September U3, 1969 to the City of Port Atthau, retarded in Volume IG12, Page 353 of the Decd
Retards of Jefxcrsan C:ount;, 'T'exas and that certain tract of land, (1.at 2, t3lack !U. Kange "I" of die Pon
.4rtlzur l,.and Company Subdivision}, described by dei'd datcxi Septemlx;r Q3, 1969 to the City of Pon
;lrthur, recorded in Vahmte 1619, Pago 244 ofthe Deed Retards of Ieffersan County, Texas.
Said Live (5) foot rr~ide casement being twv and one-half (2,5) feet right of and two and one-half (2.5)
feet left of the follow•infi described line.
BLGI'NNING aY a point on the sc~rut$west fine of said 32.43 ucrr tract and the northeast line of that certain
t4.390 acre tract, (~fruct IS8-A}, described by deed to Angel A4id IeffCounty 3.V., recorded under Gler&'s
File :Ao. 1 999035 1 1 9. Official Puhlie Rc-cords of 7cffarson County, Texas, sand poinf bears N S3` 21 ` 4^_"
i1`. a distance of 22.5 i trot, alang said line, front a Sf8" iron cad found for the south tamer of said 3? 43
aa~c tract.
I iil?N('t: ?~ 36° 54' 02" C, a distance of t 146.85 fret and V 60° 56' 48" E, a distance of 11.81 feet
se~•erin~ said 32.43 acre tract to a POINT OI= EkIT' on the southt~ast line of said 32.43 acre tract and the
northwest line of a 1 f 36 acre tract described by deed uz Gu1CState Utiti[ics Company mcordcd in Votume
1338. Page ±52 of tine lleed Reuan9s of Jefferson County. Texas, said point bears S 36'~ 38' i l" 4V, a
distance of 134.92 feet. along said tine, Liam the e.~.t mrner of said 62.43 ante tract and the earth comer of
said 1 I ,3G ae.re tract on the southwest line of said L,ed 2, Block lU, range "1"
111ENCL beginning at a POINT OP RE-L:N"1RY an the southwest line of said Jet 2, 81ock lt), Range "1"
and ibe northeast line of said 1 i.3(i acre tract, ssid point hears S S3' 21' 2O' E, a distance of S1.G2 feet,
alone said Ihae, from the catst cornet of said 32.43 acre tract and the earth earner of said 11.36 acre tract.
~1'H'ENCf: N 36° 44' 0U" E, a distance of G38.C>U feet and N 26' 20' 29" F a distance of 19.86 feet, severing,
said L,of 2, 131ack 10, Range "1", to tt-it point of terrrtinutian of said easement an the nartheast Zinc of said
t,nt 2, I3loeb lU, Anrtge "I" and the southwest line of a S.I acre tract described by decd to Gulf State
I;titities Catupany, recrorded is Volume 1328, Page 217 of d,e Deed Reurrds of Iet3'ersan <'oonty, Texas.
said point bears S 53° 20' U8' I>, a distance of 49.08 fcet. along said line, from a G" catw7ete tuonumrnt
found for chat evert czmter i)f saiel S.l acre tract.
~fotal Length afthis easentcnt heing 1847.12 feet or f 1 l.95 rods.
Title work providul by icir Pm~Iucis LI:C.
t3carings based on the'fcxas State Plane Qxxdinate System NAD 83, Texas South Central lrnzc 13erived
from CrPS Obscn•utions.
Prepv~ed term a survice made on tlee ~vuad by;t9ustang Engineering, L.P. and relcrenced by plul, datec:<
August 27, 2A(?7 auacFed herein and made a part heraaf.
i••1av Ol. 2U0S
Bahbv 1. 41av
Registered Professional Lmzd Surveyor
\c>. 4? 17
EXHIBIT "C"
to the Resolution
NONEXCLUSIVE PIPELINE EASEMENT
STATE OF TEXAS §
§ KNOW ;.~,LL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
WHEREAS, Air Products LLC, a Delaware Limited
Liability Company ("Air Product") has a permit from the
City of Port Arthur to lay and operate a pipeline in the
City of Port Arthur in accordance with the Code of
Ordinances of the City of Port Arthur.
WHEREAS, Air Products has indicated that it has, or
will require, easements.
WHEREAS, the City of Port Arthur desires to cooperate
with Air Products for the installation of the pipeline,
which will assist in the economic development of the area
and will facilitate funding to City of Port Arthur.
WHEREAS, this easement to Air Products is subject to
and subordinate to the use of the land for such purposes as
approved by the City, including utility lines.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
That the City of Port Arthur organized and existing
under the laws of the State of Texas (hereinafter called
"Grantor"), for and in consideration of the sum of Seven
Hundred and No/100 Dollars (.$700) per rod and other good
and valuable consideration, receipt of all of which is
z.air products~ipeline easement_city_60' tract 1
hereby acknowledged and confessed, does hereby grant,
convey, and warrant unto Air Products, (hereinafter called
"Grantee), the nonexclusive right, privilege, and easement
to install a pipeline of no more than 62.71 feet or 3.80
rods and appurtenances thereto on, over, under, across and
through a strip of land owned by Grantor situated in
Jefferson County, Texas.
That said nonexclusive easement shall be limited to an
easement of five feet in width on the portion of the land,
as shown on Exhibit "A", attached hereto and made a part
hereof. Grantee agrees to provide an "as-built" survey of
the nonexclusive easement prepared by a registered surveyor
promptly upon finalization of construction of same.
Grantor and Grantee further <~gree that any monies payable
by Grantee to Grantor hereundf=_r shall be adjusted to actual
footage per said survey and :hall be paid at such time as
the survey is furnished by Grantee to Grantor.
That said easement shall be for the purpose of
constructing, installing, maintaining, operating,
replacing, and repairing one (1) hydrogen line not to
exceed fourteen inches (14") in diameter, and all
appurtenances thereto (except valves), and centered on the
above described line. Said Easement is granted subject to
the following provisions:
z.air products~ipeline easement_city_60' tract 2
1. Grantee shall make a one (1) time payment of
$700 per rod for the pipeline easement, for
a term of twenty-five (25) years. The
Easement can be renewed for an additional
twenty-five (25) years on payment of an
additional $l, 000 so long as Air Products is
in compliance with this Agreement, and so
long as the renewal. is in accordance with
the procedures or provisions in the City_
Charter.
2. The Pipeline shall be buried a minimum of
ten (10) feet below the surface of natural
ground.
3. Profile and alignment to be approved by the
City Engineer of Port Arthur.
4. Excavations made on Grantor's property shall
be promptly refilled by Grantee, the earth
well tamped, the ground left in the same
condition as before laying of said pipeline,
and locations of the line marked at points
of turn and the markers maintained and
plainly visible. All street and drainage
conditions shall be restored to as good or
better condition than the original state.
5. All driveways and public streets shall be
crossed by the bored method.
6. This pipeline shall be bored beneath all
utility lines, in<:luding storm drainage,
with a minimum of three (3) feet vertical
clearance.
7. A temporary construction easement of 60 feet
in width is granted herein, and being
adjacent to the heretofore described line,
as shown on Exhibit "A". The temporary
easement is granted for a period of one
hundred and twenty (120) days for
construction, with the right to reasonably
use said temporary easement in the event of
repairs, replacement, or removal of said
pipeline in the future.
z.air products~ipeline easement_city_60' tract 3
8. All damages caused to the surface of the
Grantor's property by the Grantee or his
affiliates shall be promptly repaired at the
Grantee's expense. This includes but is not
limited to damage caused by heavy equipment
to the roads and utility structures and any
ruts, as well as to the landscaping.
9. Grantee shall provide adequate warning.
devices to protect the public for the
duration of the work, and shall comply with
all safety requirements as are normal to the
industry.
10. If said pipeline is abandoned for a
continuous period of one (1) year, said
Easement shall immediately terminate, free
of any claim or right by Grantee.
11. Grantee has the sole responsibility for the
operation and maintenance of the pipeline in
a safe manner for the duration of this
Easement.
12. This Easement shall continue in full force
during the twenty-five (25) year term for so
long as, (1) the pipeline is utilized to
transport hydrogen, (2) so long as City of
Port Arthur has a pipeline permit with the
City of Port Arthur, and (3) so long as the
Grantee is in compliance with the terms of
this Easement. Upon termination hereof,
Grantee shall immediately abandon the
pipeline, in accordance with Chapter 66 of
the City of Port Arthur Code of Ordinances
and other applicable: state and federal laws.
13. Grantee may terminate the Easement by giving
Grantor ninety (90) days written notice.
Grantor may terminate the Easement by giving
Grantee thirty (30) days written notice if
Grantee is in noncompliance with the terms
of this Easement fo:r a period of thirty ( 3 0 )
days after receipt of such notice.
14. That the right of ingress and egress granted
z.air products~ipeline easement_city_60' tract /~
herein is limited to the above described
easement and the routes depicted on Exhibit
"A" hereto, and does not include the right
of ingress and egress to any part of
Grantor's other lands. Upon commencing
construction, repair, maintenance or removal
of said pipeline, Grantor shall be given
reasonable notice, either oral or written,
when the initial entry shall be made.
15. Grantor reserves the right to use the said
premises for such purposes as approved by the
City; provided that Grantor shall not
construct any improvements on the easement
strip which would ur.~reasonably interfere with
Grantee's exercise of the rights herein
conveyed. Grantor, Grantor's heirs,
successors and assigns shall have the right
to construct, reconstruct or maintain
streets, roads or drives, road ditches,
drainage ditches, and utilities, over and
across and along said right-of-way at such
place or places as Grantor may from time to
time hereafter sele~~t for public or private
use. Grantee agrees that, upon written
request of Grantor, within 180 days of the
request, Grantee will lower its pipeline, at
Grantee's expense, to provide the cover
required by applicable safety standards or
the requirements of any governmental body and
to encase the line if required by the
requirements of any governmental body. Such
crossing may include streets, roads, drives,
ditches, and utilities within it. This
agreement to lower to provide the cover
required and to encase if required shall be
deemed a condition of this easement and if
violated or breached, and not thereafter
corrected by Grantee: within 20 days of mailed
notice (sent by certified mail, return
receipt requested), of such violation or
breach will entitle Grantor, and Grantor's
heirs, executors, administrators, successors
or assigns, to terminate this easement.
Grantee shall not obstruct or inhibit the
flow of water on th.e premises, nor interfere
with any drainage during its construction,
z.air products~ipeline easement_city_60' tract [j
and shall be liable for any damages outside
of the easement area caused by standing water
resulting from any such obstruction or
inhibition of the flow of water or from
blocked drainage facilities. Grantee agrees
that all water cana]_s shall be bored and not
cut to assure that water requirements for
landscaping or foliage are not affected or
interrupted.
16. Notwithstanding any other provision herein,
Grantee's sole acceti>s and ingress and egress
to the easement described above shall be from
public roads or from Grantee's existing
pipeline easement(s) or work space
hereinafter provided for on adjoining
properties and Grantee releases any right of
other or further access or ingress or egress
across any remaining land of Grantor.
17. At all times during which this agreement is
in effect, Grantee shall maintain general
liability insurance coverage of not less than
$2,000,000 covering damages which Grantor
could suffer as a result of Grantee's
operations. Grantee shall name Grantor as an
additional insured and shall cause such
policy to waive subrogation against the
Grantor.
That rights herein granted to Grantee are not
assignable without Grantor's written consent (which shall
not be unreasonably withheld} and provisions herein shall
be binding upon successors and assigns of both parties.
That in consideration of the privilege herein granted,
Grantee agrees to indemnify and hold harmless Grantor from
any and all claims, suits, or demands for damage or loss to
property, or for personal injuries to or death of persons,
including all necessary co:~ts and expenses to Grantor
z.air products pipeline easement_city_60' tract 6
relating to such claims, suits, or demands caused by,
resulting from, or arising from the construction,
maintenance, operation, repair, or removal of said
pipeline, except for negligent acts of Grantor. In
addition, Grantee shall furnish a bond in a form and.with
corporate surety satisfactory to Grantor, in an amount of
Forty-Five Thousand and no/100 ($45,000) Dollars, as
delineated in Chapter 66 of the Code of Ordinances of the
City of Port Arthur. Such Bond shall inure to the benefit
of Grantor and any person wha may suffer a loss or injury
as a result of Grantee's operations.
That the venue of any cause of action herein shall be
in Jefferson County, Texas.
z.air products~ipeline easement_city_60' tract ']
SIGNED AND AGREED TO on t:he day of
2008.
GRANTOR:
CITY OF PORT ARTHUR
BY:
Signature:
Printed Name:
ACKNOWLEDGMENT
STATE OF TEXAS ~
COUNTY OF JEFFERSON ~
This instrument was acknowledged before me on this the
day of 2008, by Stephen Fitzgibbons,
City Manager of the City of Port Arthur, on behalf of the
City of Port Arthur.
Notary Public in and for the
State of Texas
z.air products~ipeline easement_city_60' tract $
SIGNED AND AGREED TO on i~he day of
2008.
GRANTEE:
BY:
AIR PRODUCTS LLC
Signature:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the
day of
as
behalf of said corporation.
of Air Products LLC on
'Notary Public in and for the
State of Texas
2008, by
z.air products~ipeline easement_city_60' tract 9
EXHIBIT "A"
JEFFERSQN COUNTY, TEXAS
B.B.B. & G R.R. CO. SURVEY, A-79
EXHIE3IT
>;
I
`~,
THOMAS F. MCKINNEI'
A-41
_. _ -
FND. __ _ ----_. _
FENCE CORNER - '
_ __.
-___
~ (JF-064
! SANTA MARIA BUILDING COMPANY
~~ TRACT NO. S, 3.8055 ACRES ~~' /
~' TRACT Na. 2: 0.75 kCRES
~~~ VOL. S 533, PG. 73 ,,T~',~
„P D.R.J.C.T.
5 ~f ~~
! CD
B.B.B. & C. R.R. CO. '~r,Q \
A-SD ~y~- r.\ ~7ERt~INAL POINT
~ PROpOS£D
r~° P~P~unrF
C/?~
P.O.R.
EXIST. TEPPCO PIPELINE:
1
B.B.B. & C. R.R. Cfl.
A-73
f~~ SEE DETAIL "A"
3
J
FND. 5/8" I.R.
`~ . JF-083.2
CkTY OF PORT ARTHUR
&0 FOOT N1DE STRIP
VOL. 155, PG. S69
D.R.J.C.T.
LIN£ L(ST
~~ S 40'13`x:2" E-688.68'-TIE
2. N 3TtO'Pi0" E-62.71'
3. N 4G"13':?2" Vl-310.23'-TEE
i^j ,. .
y~r
BOBBY J, MAY
REgSTERED PROF£SSIONAL LAND SURYtYOR
N0. 4217
BEARINGS BASSO ON TEXAS STATE PLANE
COORDINATE SYSTEM NAD 83, SOUTH CENTRAL ZONE,
DERIVED FROM GP5 OBSERVATIONS.
TOTAL. LENGTH: 62.71 FEET = 3.80 ROpS
PERMANENT EASEMENT (Q.Ot AC.)
® TEMPORARY YORK SPACE (0.10 AC.)
~~usr~~le EhicruESR~,~c, ~ . p.
NOUSTflN, TEXAS
ORNMi/ 6f CfQCXEQ 0Y MPROVED BY CUTE WTE
DLE TC BM i2 05 0712 05 0
A'a ProGUCta LLC
7261 Hamilton f3oulnvar~ ~ ..v
Nlnntown. PA 18195-t5fJ4
PROPOSED 74" PIPELINE ACROSS
CITY OF PORT ARTHUR
TX-JF-063.2
p~TAiL °A~
N.T.S.
1/XNf BIT
SASFMFNT DE:SCI2IF''I'IQN
Air Products 1<t..C
A~-OG3.2 City of fort Arthur
Beim a centerline description of a Live (5) foot wide easement located in (the B.I3.B. R. C.
R.R. Cc~. Survey, Abstract Na. 79 Jei'fcrson County. Texas and being cud of that certain
GO fact strip described by deed dated April 1 I, 1913 to the City of Part fArtbur, recorded
in Volurr~c f S5, Nage 1 fig a1'the Deed Records of Jefferson County. Texas;.
Said f5ve (.5) foot r~~ide easement being tcvo and one-half (Z.S) foot right of and t~sa
and one-half (2.S) feet Icft of the following; described line.
Bf;GINNINCi at a point on the southwest lino of said GO €oot wide strip amd the northeast
line of the Kansas City Railway Company, said paint f?~ars S 4E?° F 3' ~2" T:, a distance of
688.68 feet, along ktid tine;, from a fence canter found .for the occatpiedf ~4•cst earner of"
said 6(} fix~t wide strip.
'[`I tE~:?vCE N .37° l0' SO" E, a distance of 62.71 feet, severing said 60 fo<ot wide strip, to
the point of termination of said easement on the northeast tine thereof avid the southwest
line of a 3.8055 acre tract, (Tract No. 1), descritx;d by deed to Santa R~faria [3uilding
C:ampany, recorded in Volume 1633, Page 7.3 of the Deed Rs,cords of Je;tfersan County.
"texas, said point bears N 40° f 3' 22" ~`, a distance of 310.23 feet, along said line, tram
a 5~`8" iron rod found for the south c;arner o1C a 0.75 acre tract, ('Tract No. ;2), described by
deed to Santa iti4aria Ciuifding Company, recorded in Volume 1633, Page• 73 of the Deed
Records of Jeftcrson County, 'T'exas.
"fbtat length offhis easement being (i~.71 fi.et ar 3.80 rods.
Title wort: provided by Air- Products L,LC.
Bearines based on the 'f~exas State Plane Coordinate System NAT} 8~3, Texas South
Central lone Derived ii•om (iPS f)bsenations.
Prepared from a survey made on the ground by il~Tustang ingineering, L.P'. and
referenced by plat, dated December 05. 200'7 aliached hercta and trade a }part hea'eo#:
tv3av O 1 < Z{)08.
i3ohby .t. h4:ay
Registered Professional Land Surveyor
No. ~F? 17