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HomeMy WebLinkAboutPR 12006:WATERLINE EASEMENT MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Steve F'itzgibbons, City Manager FROM: Daniel Shepherd, Director of Utility Operations DATE: November 20, 2002 RE: Proposed Resolution No. 12006 COMMENTS RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 12006 accepting an Easement with Premcor for the placement of a water line through a portion of property owned by Premcor Company. BACKGROUND: On September 3, 2002, the City Council approved the award of contracts for the construction of the Economic Development Corporation's Business Park project adjacent to Spur 93. The Business Park project includes the extension of water and sewer services to the site. This easement is necessary to complete the water extension which will loop through the business park. The easement was prepared by the EDC's consultant, Schaumberg & Polk Consulting Engineers. BUDGET/FISCAL EFFECT: None. STAFFING/EMPLOYEE EFFECT: None. SUMMARY: I recommend that the City Council accept this water line easement. "Re/ne.tber. we are here to serve the citizens of Port At thttr RESOLUTION NO. A RESOLUTION ACCEPTING A WATER LINE EASEMENT FROM PREMCOR P.A. PIPELINE COMPANY FOR THE CONSTRUCTION OF A WATER MAIN LINE AS PART OF THE ECONOMIC DEVELOPMENT CORPORATION'S BUSINESS PARK PROJECT ON SPUR 93. P.R. No. 12006 1-5-98 DS/Id WHEREAS, the City Council of the City of Port Arthur accepts a water"line easement from Premcor P.A. Pipeline Company for construction, installation, laying and maintenance of a water transmission line in the City of Port Arthur under, through, and across a portion of Premcor land, in connection with the water services of the City of Port Arthur; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur be and is hereby authorized and instructed to execute and accept a water line easement from Premcor for the purpose of constructing, installing, laying and maintaining a water transmission line in substantially the same form as described in Attachment A, attached and made a part hereof; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of ,2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers P.R. No. 12006 11-20-02 DS/Id Page 2 NOES: ATTEST: Mayor City Secretary APPROVED: Steve Fitzgibbons, City Manager APPROVED AS TO FORM: Mark Sokolow, City Attorney APPROVED FOR ADMINISTRATION: ~)'"-aniel Shephc~, Di~dr of Utility Operations AttaGhment "A" P. R. No. 12006 Page 1 of 9 WATER LINE EASEMENT STATE OF TEXAS § § KNOW ALL PERSON'S BY THESE PRESENTS: COUNTTY OF JEFFERSON § THAT, on and subject to the terms, provisions, reservations, and conditions hereinafter set tot-th, PREMCOR P.A. PIPELINE COMPANY, a Delaware corporation (fo,rmerly known as Clark Port Arthur Pipeline Company) whose address is P.O. Box 909, Port Arthur, Texas 7764.1-0909, hereinafter called "GRANTOR," for and in consideration of the stwn of Ten and No/100 Dollars ($10.00), and other good and valuable considerations to Grantor paid by THE CITY OF PORT ARTHUR, a Texas home rule city whose address is P.O. Box 1089, Port Arthur, Texas 77641-1089, hereinafter called "G " RANTEE, the receipt and sufficiency of which considerations are hereby acknowledged, has granted and does by these presents does hereby grant unto GRANTEE the £otlowing described perpetual but non-exclusive easement, servitude, and r/ght-of-way (herein referred to as the "Easement") for the purpose of constructing, installing, operating, ma/ntaining, inspecting, repair/ng, replacing (but not increasing the size o0, relocating and removing one (and only one) sixteen (16)-inch diameter Pipeline, complete with related equipment and appurtenances (collectively, the "Pipeline"), which is to be used only for and in connect/on with the transportation of water across, under, and through a portion of that certain tract of land descr/bed in that certain instrument recorded under document number 95-9505625 of the Official PuNic Records of Real Property of Jefferson County, Texas; the Pipeline and Easement being more particularly described as follows: A metes and bounds description of the "Centerline" of the 16" Pipeline is attached zs Exhibit "A'~' hereto and made a parr hereof. Exhibit "B" attached hereto is a ck'a'~,'ing depicting the "Centerline" for locating said 16" Pip:l/ne. The "Easement Tract" consists o£ an easement, of nccessaO' width (not to excced a total vld[r~ of 15 inches), being centered on (*out extending no more than 9 inches on either side o0 the Cent. erline described and depicted on Exhibits "A" and "BTM attached hereto. At, t,~hm~nt "A" P. R. No. '12006 P~ge 2 of 9 TO HAVE AND TO HOLD unto GRANTEE,/ts successors and permitted assigns, the Easement herein granted, together with rights of ingress and egress incidental thereto, so long as said Pipeline or any part thereof shall be used for the purposes herein granted; PROVIDED, HOWEVER, that the Easement herein granted shall be subject to the terms and conditions as £oIlows: ';, GRANTEE shall have reasonable rights of ingress and egress for the purposes herein granted, and during the construction, maintenance, repair, replacement and/or removal of said Pipeline may, for temporary periods, use a reasonable portion of GRANTOR'S property adjacent to the Easement Tract, at such locations or along such routes as may be approved in writing in advance, from time to time, by GKANTOR. GRANTOR has advised GRANTEE that the property over which the easement is granted is an active, multiple-line, oil and gas pipeline corridor containing lines owed by GRANTOR and by other pipeline owners/operators. Therefore, the rights herein granted are subject to all easements and other rights-of-way heretofore granted or now existing, whether recorded or u~ecorded, which affect the above described property. In addition to any notifications required by applicable laws or regulations, GILANTEE shall give GRANTOR at least forty- eight (48) hours written nolice prior to the actual commencement of any work on GRANTOR'S premises. GRANTOR reserves the right, for itself and its successors and assigns, to construct, operate, and maintain (and grant to third parties the rig. hi to construct, operate and maintain) pipelines and other facilities along and across the Easement Tract herein described. Installation of GR. ANTEE'S Pipeline in the Easement Tract shalI be accomplished by boring under existing pipelines and facilities and not by trenching. GRANTEE shall bury its Pipeline at a minimum depth of th/ny-six inches (36"), measured from the top of the GRANTEE's pipeline to normal surface leveI, or such greater depth as may be required by applicable legal requirements or such greater depth as may be appropriate to provide clearance from existing facilities. GRANTEE, at its sole cost and expense, shall obtain and maintain all necessary permits or licenses required for the installation, construction or operation of GRANTEE's Pipeline. The construction, maintenance, repair, replacement, insoectSon, removal and sap, icing of GI~ANTEE'S Pipeline located within the Eas~m3::: Trace shall be at GR-~-X,'TEE'S sole cos_~ and expense, a-id exc~r to the cxter.: ~uch installation, main'~enancc, repair, replacement ancL'or servicing is required as a result of any willful misconduct or breach of ins Pipeline Easement by G~a-N'TOR or by At, ta hm nt, "A" P. R, No. 12006 Page 3 of 9 GR3uNTOR'S employees or contractors. The installation, maintenance, repair, replacement and/or servicing of GRANTEE's Pipeline by GRANTEE shall be prosecuted with due diligence, in a good and workTnanlike manner, and in compliance with ail requirements of law and the engineer/ng standards and specifications typically utilized for similar facilities. Following completion of any work on the Easement Tract (or any adjacent work space, as applicable), GRANTEE promptly shall restore the surface of the Easement Tract (and the adjacent work space, as applicable), as nearly as practicable, to tl'}e condition in which it existed phor to the performance of such work. In performing such acts, GP,.ANTEE shall make all reasonable efforts not to interfe~-e or impair GRANTOR'S use or occupancy of the remainder of the property. Without in anyway ,limiting the foregoing, GRANTEE acknowledges that it will be fully responsible for any damage to its Pipeline that may arise due to potential environmental contamination existing in the Easement Tract. GRANTEE agrees to pay GRANTOR for all damages to or loss of property of GRANTOR which are caused by, result from, arise from or grow out of (i) the construction, operation, maintenance or existence of the Pipeline, or (ii) any violation by GRANTEE of federal, state, or local laws, rules, orders, and regulations as may be amended applicable to any waste mater/al, hazardous substances, h~ardous emissions or other regulated substances on or below the surface of said Easement Tract or the presence, disposal, release or threatened release by GRANTEE of all waste materials, hazardous substances, hazardous emissions or other regulated substances from said Easement Tract into the atmosphere or into or upon land, adjacent land or any water course or body of water, including ground water, which are attributable to GiL~.NTEE'S operations upon said Easement Tract or are a result of actions of GRANTEE'S officers, employees, agents or contractors in furtherance o ' ' f GR.&NTEE S operanons upon said Easement Tract. GRANTEE further agrees to full.',' defend, protect, indemnify and hold harmless the GRANTOR, its employees and agents from and against each and every claim, demand or cause of action and an).. l/ability, cost, expense (including but not limited to reasonable attorneys' fees and expense incurred in defense of the GRANTOR), damage or loss in connection therewith, which may be made or asserted by GRANTEE, GR.ANTEE'S employees or agents, contractors, or any third parties on account of personal inju.r>, or death or property damage caused by, ar/sing out of, or any way incidental to, or in connection with the exercise of the r/ghts herein granted, except that this a~eement does not provide for indemnification of GRANTOR'S negligence or willful misconduct - GRANTEE sba!! not (a) except in compliance with retevmnr en',dror,-mentaI laws, cause or p=rmh h~ardous material ts be placed, held or located on. ~der or a~ong the E~cmem Tract or (o) ps.it any of the Easement Tract to ever be used GR.A~N-TEE sha!i tZ<e a;J reasonable sreps }o cleanup, remove, resolve or m~n{mize the impact of. or other~'ise d~a! with, ~z)' h~-dous disch~ae or en','iro~nta[ complMnt which is ertMbutable to G~X'YEE'S opc~ations~pon Attachment "A" P. R. No. 1ZO06 Page 4 of 9 said Easement Tract or ~re a result of actions of GRANTEE'S officers, employees, agents or contractors in furtherance of GRANTEE'S operations upbn said Easement Tract upon receipt of notice from any entity including, without limitation, thc Environmental Protection Agency (EPA) or any state or local agency, or other person, asserting the existence of any hazardous discharge or environmental complaint on or pertaining to the Easement Tract wkich, if true, could result in environmental liability against GRANTOR, GRANTEE, or otherwise. GRANTEE shall notify GRANTOR, in writing, promptly upon GKANTEE'S having received notice or otherwise lea_ming of any claim, demand, action, event, condition, report or investigation indicating any potential~ or actual liability arising in connection with (a) the noncompliance with or violation by GRANTEE of the requirements of an environmental law in connection with or affecting th~ Easement Tract, or (b) the release or threatened release by GRANTEE of any toxic or hazardous waste, substance or constituent or other substance onto or affecting the Easement Tract or which release GRANTEE would have a duty to report to a tribunal or govern_mental agency under an environmental law. No rights of GRANTEE hereunder shall be assignable in whole or in part without the prior written consent of GRANTOR, which consent shall not be unreasonably withheld, conditioned or delayed. In the event GRANTEE should cease to use said Pipeline for a period of twelve (12) consecutive months or longer, then the Easement granted hereby shall be deemed conclusively to have been abandoned by GRANTEE and the rights herein granted shall immediately and automatically terminate, and revert to GRANTOK, its successors or assigns, without the necessity of GRANTEE executing a conveyance or release of same. For purposes of this Paragraph 9, any temporary period or periods of non-use of the Pipeline for maintenance, repair or modification thereof, or as of the result of any other temporary out-of-service condition [so long as all such periods of non-use do not exceed on an aggregate basis more than six (6) consecutive months or more than nine (9) months, whether or not consecutive, in any eighteen (18) consecutive month period] shall not be included in the calculation of the twelve (12) consecutive month period of non- use described in the immediately preceding sentence. GKANTEE, at its sole expense and within six (6) months following the date on which the Easement was deemed to have been abandoned, as herei~abovc provided, shall be allowed to remove the Pipeline, or to abandon said Pipeline in place in accordance with applicable legal requirements and GRANTOR'S reasonable requirements; provided, however, that GRANTOR shall have the right, exercisable by written notice to GRANTEE given within such six (6) month period, to require GP,_~.NTEE to remove, at GRANTEE's sole expense, the Pipeline or a portion thereof as designated by GRANTOR in said notice. Such Pipeline (if or to the extent not removed as hereinabove provided) shall revert [o and become the property of GRANTOR, its successors or assigns, without compensation of any kind from GRANTOR to GRANTEE. EXECUTED efi'~ctive as of the AR~hn~'~nt "A' P. R. No. 12006 Page 5 of 9 day of ,2002. GRANTOR: PREMCOR P.A. PIPELINE COMPANY (FORMERLY KNOWN AS CLARK PORT ARTHUR PIPELINE COMPANY) ~ Name: Title: GRANTEE: THE CITY OF PORT ARTHUR, TEXAS By: Nm'ne: Title: Attachment "A" P. R. No. 12006 Page 6 of 9 STATE OF MISSOURI § COLFNTY OF ST, LOUIS § KNOW ALL PERSONS BY THESE PRESENTS: BEFORE ME, the undersigned authority, on this day personally appeared the of PREMCOR P.A. PIPELINE COMPANy (FORMERLY KNOWN AS CLARK PORT ARTHUR PIPELINE COMPANY), a Delaware corporation, known to me tc~ be the person and officer whose name is subscribed to the foregoing instrument, and acknowled, ged to me that he executed the same as the act and deed of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. ' GIVEN under my hand and seal of office this the -- 2002. day STATE OF TEXAS COUNTY OF JEFFERSON Notary Public in and for St. Louis County, Missouri BEFORE ME, the undersigned authority, on this day personally appeared · the of THE CITY OF PORT ARTHUR, TEXAS, a TeXas home rule city, known to me to be the person and officer whose name is subscr/bed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of said city, for'the purposes and consideration therein cxpressed, and in the capacity therein state& GIVEN under my hand and seal of office this the 2002. da)' After Recordation Return To: Mayer, Brown, Rowe & Maw 700 Louisiana Street, Suite 3600 Houston, Texas 77002-2730 Atrn: Robert L. Morgan Notary Public in and for The State of Texas 6 Sehaumburg & Polk, Inc. CONSULTING ENGINEERS Attachment "A" P. R. No. 12006 Page 7 of 9 8865 College Street, Suite 100 Beaumont, Texas 77707 Phone (409)866-0341 Fax (409)866-0337 EXHIBIT "A" DESCRIPTION OF A CENTERLINE OF A WATER LINE IN THE WM. McFADDIN SURVEY, ABSTRACT NO. 416 JEFFERSON COUNTY, TEXAS September 26, 2002 Revised October 9, 2002 All that certain centerline lying and being situated in Jefferson County, Texas, a part of the WM. McFADDIN SURVEY, ABSTRACT NO. 416, and being a part of that certain tract of land herein referred to as the "Gulf-645/627" tract, which said Gulf-645/627 tract is described in that certain instrument fi.om J.C. McMillan and wife, Rosella McMillan to Gulf Refining Company dated November 21, 1946 and recorded in Volume 645, Page 627 of the Deed Records of Jefferson County, Texas, and which said Gulf-645/627 tract is a part of that certain tract of land herein referred to as the "Clark- Corridor" tract, which said Clark-Corridor tract is described in Exhibit D in that certain instrument fi.om Clark Refining & Marketing, Inc. to Clark Port Arthur Pipeline Company dated effective as of February 27, 1995 and recorded under County Clerk's File No. 95-9505625 of the Real Property Records of Jefferson County, Texas, and the said centerline herein described being more particularly described as follows: COMMENCING at a ½" rod found for the most southerly (or south'vest) comer of Block 6 of the Replat of Montrose Addition No. 2, the said replat of wl~ich subdivision being of record in Volume 10, Page 20 of the Map Records of Jefferson County, Texas, and which said comer being at the intersection of the northwesterly (or northerly) right-of-way line of Texas State Highway FM 365 with the northeasterly (or easterly) right-of-way line of Sassine Avenue, and which said ½" rod found for comer being South 40° 04' 26" West along and with the southeasterly (or southerly) line of the said Block 6 and said northwesterly (or northerly) right-of-way line of Texas State Highway FM 365, a total distance of 644.80 feet (called 643.7 feet) fi.om another ½" rod found for the most easterly (or southeast) comer of the said Block 6, the said comer being at the intersection of the said northwesterly (or northerly) right-of-way line of Texas State Highway FM 365 with the southwesterly (or westerly) right-of-way line of Florida Avenue; THENCE South 40© 04' 26 West along and with the southeasterly (or southerly) line of the said Montrose Addition No. 2 and said northwesterly (or northerly) right-of-way line of Texas State Highway FM 365, a total distance of 377.14 feet to a point for comer in the southwesterly (or westerly) line of the };ereinbetbre said Gu!f-645/627 tract and northeasterly (or easterly) line of the T.& N.O.R.R. Co. 100' xx ide Attaghm~nt "A" P. R. No. 12006 Page 8 of 9 October 9, 2002 THENCE North 27° 28' 58" West (called North 26° 27' West) along and with the said southwesterly (or westerly) line of the Gulf-645/627 tract and northeasterly (or easterly) line of the T. & N.O.R.R. Co. 100' wide'right-of-way, a distance of 1,247.84 feet to the westerly end and POINT OF BEGINNING of the said centefline herein described; THENCE North 62° 29' 09" East, a distance of 60.01 feet to the easterly end and Point of Termination of the said centerline herein described, the said Point of Termination being in the northeasterly (or easterly) line of the said Gulf-645/627 tract and southwesterly (or westerly) line of that certain tract of land herein referred to as the "Canal-269/415" tract, which said Canal-g69/415 tract is described in that certain instrument fi.om J.B. Peek to the Neches Canal Company dated ,March 22, 1926 and recorded in Volume 269, Page 415 of the Deed Records of Jefferson County, Texas. NOTE: See accompanying Plat. Prepared by ~~ Schaumburg & Polk, Inc. ]~r~,,,~.;,,.~\¢. E/~E'~o° ~ E. J~ V~en, ''"' '~ Re~ster~ Professional L~d Su~eyor No. 1781 ~~ September 26, 2002 Revised October 9, 2002 S. & P., Inc. Project No. 3602.0 Schaumburg & Polk, Inc. CONSULTING ENGINEERS ~/ DETA{£ SCA£E: ~' = $0~ Attachment "A" / Page 9 o? / ~.o.~.4~ / ~ / / '~ / BLOCK 3 BLOCK 4 LOT~ I LOt2 I LOT~ LOT 1 LO~ 10 LOI 2 LOT 9 BLOC,'( 8