HomeMy WebLinkAboutPR 12144:NOBLE ENERGY-PIPELINEINTER
OFFICE
MEMO
To:
From:
Subject:
Date:
Mayor, City Council & City Manager
Mark T. Sokolow, City Attorney ~
P. R. No.12144; Council Meeting April 1~, 2003
April 11, 2003
Attached is P. R. No. 12144 authorizing the Mayor
into a License to Use Agreement with Noble Energy,
sum of Seven Hundred Eighty Six Dollars and 40/100
year for use as a pipeline-
to enter
Inc., for the
($786~40) per
MTS/ts
Attachment
cc:
Director of Public Works
Direcuor of Planning
VIA FACSIMILE (281) 331-7124
James Fenner
P. R. No. ~2144
04/09/03 ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A LICENSE TO USE AGREEMENT WITH NOBLE
ENERGY, INC., FOR THE SUM OF SEVEN ~u~DRED
EIGHTY SIX DOLLARS A~D 40/100 ($786.40) PER
YEAR FOR USE AS A PIPELINE
WHEREAS, the City Council deems it in the public interest to
authorize the Mayor to enter into a License to Use Agreement with
Noble Energy, Inc. for the sum of Seven Hundred Eighty Six Dollars
and 40/100 ($786.40) per year for use as a pipeline.
NOW THEREFORE,
OF PORT ARTHUR:
Section 1.
true and correct.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
That the facts and opinions in the preamble are
Section 2. That the Mayor is herein authorized to sign a
License to Use Agreement with Noble Energy, Inc., as delineated in
the attached Exhibit ~A"
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of ,
A.D., 2003, at a Regular Meeting of the City Council of the City
of Port Arthur, Texas,
Mayor
by the following vote: AYES:
, City Council
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
EXHIBIT "A"
LICENSE TO USE AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the CITY OF PORT ARTHUR, a municipal corporation organized and
existing under the laws of the State of Texas (hereinafter called "Licensor"), for and in
consideration of the sum of Seven Hundred Eighty Six and 40/100 Dollars ($786.40) to
it in hand paid by NOBLE ENERGY INC, a Delaware corporation, whose address is
12600 Northborough, Suite 250, Houston, Texas 77067 (hereinafter referred to as
"Licensee"), the receipt of which is hereby acknowledged, do hereby Grant, Sell and
Convey umo the said Licensee, its successors and assigns a non-exclusive right, privilege
and License for the purpose of laying, constructing, maintaining, operating, repairing,
replacing, protecting, relocating, altering, removing or abandoning in place one or more
pipelines including, cathodic protection 'equipment, above and below-ground valve
settings, and any and all other devices, equipment associated with the use and convenient
operation of said pipeline, for the transportation of natural gas products, through a
pipeline, in, under, across and through that certain tract of land being described in Exhibit
"A" and depicted on a plat in Exhibit "B" (hereinafter referred to as the "Lands")
attached hereto and made a part hereof, situated in the County of Jefferson, State of
Texas, to wit:
SEE EXHIBIT "A" AND EXHIBIT "B"
Said Licen~ is granted subjected to the following terms arid conditions:
It is expressly understood and agreed that Licensee and its employees,
contractors, representatives, agents or assigns at any and all reasonable times,
shall have the right of ingress to and egress from the above described tract of land
for all purposes of the grant.
The term of this License shall extend for a period of one (1) year, with Licensee
having the option, at the end of that period, to renew this License annually
thereafter, from year to year, for a maximum of nine (9) years, so long as
Licensee makes use of the Lands for the purpose provided above, at the annual
rental of Seven Hundred Eighty Six and 40/100 Dollars ($786.40), to be paid
annually. The successive payments shall be due on or before the execution date
of this License of each successive year for the duration of this License. This
license shall also terminate if Drilling Permit # 164 expires or is terminated.
3. In consideration of the privileges herein described, Licensee agrees to indemnify
and hold harmless Licensor from any and all claims, suits for damages to property
1
or injuries or death to persons arising from the construction, operation,
maimenance and use or removal of said pipeline.
4. The Licensee must abide by all safety precautions as mandated by State, Local
and Federal Government as well as industry standards. The Licensee shall furnish
to Licensor a Certificate of Insurance naming Licensor as "additional insured" on
the Licensee's insurance policy in an amount not less than Three Million and
00/100 Dollars ($3,000,000.00).
5. Rights herein granted are personal and not assignable without Licensor's prior
written consent, and the provisions herein shall be binding upon successors and
assigns of both parties.
6. Excavations made on Licensor's property shall be promptly refilled by licensee
and the earth well tamped. The ground will be left in the same condition as
before the laying of said pipeline, the location of the pipeline marked and the
markers maintained and plainly visible.
7. Upon termination hareot~ Licensee shall promptly remove said pipeline from
property of Licensor at Licensee's cost unless the Licensor at it's discretion
chooses to permit the pipeline to remain in place.
8. The Licensee recognizes that the primary purpose of the land being attached
hereto is for a city canal right-of-way and the City of Port Arthur reserves the
right to terminate this agreement with one (1) year notice if the City of Port
Arthur deems it in their sole discretion that this license to use imerferes with the
usage of this property as a canal or similar purpose, that the licensee's usage
thereof poses a risk or hazard to the public or that this License to Use is no longer
in the public interest. If the agreement is terminated, the license payment will be
prorated and reimbursed accordingly.
During construction, clean-up, restoration, maintenance and repair operations of
said pipeline or appurtenances, Licensee may utilize such portions of Licensor's
property as may be reasonably necessary. However, after the completion of such
operations, Licensee shall have no further right to use such temporary working
space.
10. This agreement shall be effective on the 1'~ day of May 2003.
IN WITNESS WHEREOF, parties hereto have caused this agreemem to be executed
in duplicate the day of ,2003.
2
APPROVED IN FORM: CITY OF PORT ARTHUR
City Attorney
ATTEST:
Mayor
City Secretary
NOBLE ENERGY INC
Ted A. Price. Vice President and
General Manager-Onshore Division
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This instrumem was acknowledged before me on this day of
· 2003, by Ted A~ price, Vice Presidem and General Manager -
Onshore Division, of NOBLE ENERGY INC, a Delaware corporation, on behalf of said
corporation.
Notary Public State of Texas
4
JOHN T. JAKUBIK ASSOCIATES, INC.
4,309GreanbriarDr. · Stafford, Texas77477 · 281/240-0498 · Fax 261/240-24,35
EXHIBIT "A"
DESCRIPTION OF
0.94 ACRE PIPELINE EASEMENT
T. & N. O. RR. SURVEY, A-$15
. JEFFERSON COUNTY, TEXAS
Being a 0.94 acre Pipeline Easement in the T. & N. O. RR. Survey, A-315, Jefferson County, Texas and being out
of e canal easement In Blocks 10 and 11, Port Acres Subdivision, a map or plat thereof recorded In Volume 4, Page
42 of the Map Records of Jefferson Counb/, Texas and being more particularly described as follows:
COMMENCING at a one tnch lron pipe f~uod for the Intersection of the north right-of-way ling of 64~ Street, 50 feet
wide and the west right-of-way line of Garnet Avenue, 50 feet wide, and the southeast corner of Lot 6 of said Block
11~ said Iron pipe having a Texas Plane C~ordinate of X=3,576,107.3 and Y=787,645.7, South Central Zone (NAD.
THENCE, $ 86~ 3~' ~3° W, along the nerth r~ht-of-way ~ine of sa~ 64~ Straat and ~he ~uth ~ina of ~M Lot 6 and
across said canal easement, a d~stance of 48~.03 feet to a ~' iron pipe found at the interseCtior~ of said south right-
of-way line end the northwest right-of-way tine of said Canal Easement for the southeast comer of said Lot 7 and
the POINT OF BEGINNING of the hareln described tract;
THENCE, N 36o 14' 53' E, along the northwest right-of-way line of said canal easement ahd the
southeast line of said Lot 7, a distance of 540.51 feet to a 518 inch iron rod set on said northwest right-of-
way line and the southwest line of a proposed access easement;
THENCE, $ 48~ 33' t3" E, across sald canal easement along the southeast line of said access easement,
a distance of 30.12 feet to a 5/8 inch iron rod set for corner,
THENCE, S 360 14' 53" W, across said canal easement along a line parallel wffh and 30 feet
perpendicular distance from the northwest right-of-way line of said canat easement, at a distal, nco of
512.85 feet croSs the north right-of-way line of said 64~ Street, contlnu[ng for a total distance of 537.62
feet to a cotto~ picker spindle set for comer;,
THENCE, S 35D 3~ 05" W, continuing across said canal easement along a line parallel with and 30 feet
Perpendicular distance from the northwest right-of-way line of sam canal easem.,ent= at a distance of 39.89
feet cross the south right-of-way line of said 64m Slrset, cont nung for a iota d stance of 654.65 feet to a
518" iron rod s?t for corner;
THENCE, N 88° 20' 27' E, across said canal easement, a distance of 2t.24 feet to a 5/8 inch Iron rod set
for corner;,
THENCE, S 290 44' 41" W, continuing across said canal easement along a line paraltel with and 50 feet
perpendicular dista~e from the northwest rfght-of-way line of said canal easement, for a distance of
110.03 teat to a 5/8" ~ron rod set fo~ corner,
THENCE, N ~ 15' 10' W, perpendk;ular to the northwest line of said canal easement, a distance of
50.00 feet to a 5/8 inch iron rod set on the northwest right-of-way line of said canal easement and the
southeast lir~ of Lot 10 of said Block 10;
THENCE, N 290 44' 41' E, along said northwest right-of-way line and the southeast line of said L~t 10, a
distance of 82.40 feat to a 518 inch iron rod found for an angle point on Said northwest right-of-way line for
the northeast corner of said L°t 10 and the southeast corner of Lot 4 of said Block
THENCE, N 35° 3g' 05" E, along said northwest right-of-way line and the southeast IIr~ oi Lots4 and 5 of
said Block 10, at a distance of 610.11 feet cross the south right-of-way line of said 64~ Street, continuing
along said northwest right of way line across said 64m Street, for a total distance of 674.56 feet to the
Coordinates end bearings are ~sed on the Texas Plane Coordinate System, South Central Zone INAD 27).
This Oescription is accompanied by a separate plat dated AI3r~101, 2003 prepared by John T. Jakublk & Associates
Ir'lc.
File: 645Bp.doc
Oats: 04-01-03
Jeffrey L. Fansle~:
R,P.L,S, No. 4348
}OHN T. )A~OBIK & ASSOCL~'r~S,
64ih Street
~x
T. &N. O. RK.
I A-315
,
' P.O.B,
Folun d 3/4"
Found 1" (P
X~.3.576,107.5
Y= 707,6~-5.7
.%
30' Wide
Pipeline Easement
40,895 Square F~t
0.94 Acres
1297, )4 ro~s) in lengt~))
P~pcl'lne Co.
Cov~r
~/orgon Pipel'.nes
Lot 8
ZLO{ 7
t
63rd Street
This pl~t is occompor;ed by o seporo~e descrlption
dated March 15, 2003.
Coordlnotes and be6rlqg$ are bcsed or' th~
Texas P(or, e Coordlnote System, $oJth Central
Zone (NAB 27).
: