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Home My WebLink AboutPR 12143:NOBLE ENERGY-DRIVEWAYINTER OFFICE MEMO To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney ~ ~ Subject: P. R. No.12143; Council Meeting April 15, 2003 Date: April 11, 2003 Attached is P. R. No. 12143 authorizing the Mayor to enter into a License to Use Agreemenu with Noble Energy, Inc., for the sum of Three Thousand Dollars and No/100 ($3,000) per year for use as a driveway. MTS/tS Attachment cc: Director of Public Works Director of Planning VIA FACSIMILE (281) 331-7124 James Fenner P. R. No. 12145 04/07/03 ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LICENSE TO USE AGREEMENT WITH NOBLE ENERGY, INC., FOR THE SUM OF THREE THOUSAND DOLLARS AND NO/100 ($3,000) FOR USE AS A DRIVEWAY 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 Three Thousand Dollars and No/100 ($3,000) for use as a driveway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. true and correct. Section 2. That the facts and opinions in the prea/0ble are of Port Arthur, Texas, Mayor That the Mayor is herein authorized to sign a License to Use Agreement with Noble Energy, Inc., as delineated in the attached Exhibit "A" for use as a driveway. 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 , 2003, at a Regular Meeting of the City Council of the City 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 ARTItUR, 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 Three Thousand and 00/100 Dollars ($3,000.00) to it in hand paid by NOBLE ENERGY Esi'C, a Delaware corporation, whose address is 12600 Northbomugh, Suite 250, Houston, Texas 77067 (hereinafter referred to as "Licensee"), the receipt of which is hereby acknowledged, do hereby Grant, Sell and Convey unto the said Licensee, its successors and assigns a non-exclusive right, privilege and License for the purpose of constructing, operating and malmaining a driveway, 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, over and across the following described property situated in the County of Jefferson, State of Texas, to wit: SEE EXHIBIT "A" AND EXHIBIT "B" Said License is granted subjected to the following terms and 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 the Licensee makes use of the Lands for the purpose provided above, at the annual rental of Three Thousand and 00/100 Dollars ($3,000.00), to be paid annually. The successive payments shall be due on or before the execution date of this License of each successive year for the duration of this License. This license shall also terminate if Drilling Permit #164 expires or is terminated. In consideration of the privileges herein described, Licensee agrees to indemnify and hold harmless Licensor from any and all claims, suits for damages to property or injuries or death to persons arising from the construction, operation, maintenance and use of said driveway. 4. The Licensee must abide by all safety precautions as mandated by State, Local and Federal Government as well as industry standards. The Licensee shall furnish to Licensor a Certificate of Insurance naming Licensor as "additional insured" on the Licensee's insurance policy in an amount not less than One Million Dollars ($LO00,O00.O0). 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 pa~ies~ 6. Upon termination hereof, Licensee shall promptly remove said driveway from property of Licensor at Licensee's cost unless the Licensor at it's discretion chooses to permit the driveway to remain in place. 7. 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 (t) year notice if the City of Port Arthur deems it in their sole discretion that this license to use interferes 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. 8. This agreement shall be effective on the 1~ day of May 2003. IN WITNESS WHEREOF, parties hereto have caused this agreement to he executed in duplicate the day of ,2003. APPROVED IN FORM: CITY OF PORT ARTHUR City Attorney Mayor ATTEST: City Secretary NOBLE ENERGY INC Ted A. Price, Vice Presidem and General Manager-Onshore Division 2 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this day of , 2003, by Ted A. Price, Vice President ~nd General Manager - Onshore Division, of NOBLE ENERGY l/NC, a Delaware corporation_ on behalf of said corporation Notary Public State of Texas JOHN T. JAKUB1K fi: ASSOCIATES, INC. 43~gGreenbriar Dr, · Staffi3rd, Texas77477 ~ 2811240-0498 · Fax 281/240-2435 EXHIBIT DESCRIPTION OF 0.28 ACRE ACCESS EASEMENT T. & N, O. RR. SURVEY~ A-315 JEFFERSON COUNTY, TEXAB Being a 0.28 acre Access Easement in the T. & N. O. RR. Survey, A-315, Jefferson County, Texas and being out of a canal easement in Block '1 I, Port Acres Subdivision, e map or plat thereof recorded in Volume 4, Page 42 of the Map Records ef Jefferson County, Texas and being more particularly described as follows: COMMENCING et e one inch iron p~pe found for the intersection of the north fight-of- way line of 64~" Street, 50 feet wide and the west right-of-way Fine of Garnet Avenue 50 feet wide, and the southeast comer of Lot 6 cf said Block 11, said ~ron pipe having a Texas Plane Coordinate of X=3,576 107,3 and Y=787,645,7, South Centrsl Zone (NAD 27); THENCE, N 03° 28' 25" W, along the west right-of-way line of said Garnet Avenue and the east line of said Lot 6, a distance of 424.31 feet to a 5/8' 1ton rod set at the intersection of said west right-of-way line and the southeast right-of-way Fine of said Canal Easement for the north corner of said Lot 6 and the POINT OF BEGINNING of the herein described tract; THENCE, S 36° 14' 53" W, along the southeast right-of-way line of said canal easement, a distar~ce of 107.91 feet to a 518" Iron rod set for corner; THENCE, N 48° 33' 13" W, across said canal easement a distance of 105,43 feet to a 5/8 inch iron rod set on the northwest right-of-way of said canal easemenl and ths southeast line of Lot 7 of said Block 11; THENCE, N 36* ~14' 53" E. along said northwest right-of-way line and the southeast line of said Lot 7, a distance of 78.10 feet to a 5/8 inch iron rod set on said northwest right, of-way line for the northeast comer of said Lot 7 and the southerly southeast corner of Lot 5 of said Block 11; THENCE, N 860 26' 47' E, along an extension of the common line between said Lot 5 and said Lot 7, a distance of 93,71 feet to a 5/8 inch iron rod sat on the west right-of-way line of said Garnet Avenue; THENCE, S 03* 28' 25' E, along sad west right-off-way line, · distance of 51.65 feet to the POINT OF BEGINNING and containing 12,185 square feet or 0,28 acre. Coordinates and bearings are based on the Texas Plane Coordinate System, South Central Zone (NAD 27), Thi. da~rietion ia ac~.nmr~aniad bv a separate olaf dated March 18, 2003 prepared bv File: 6458road,doc Date: 03-18-03 Jeffrey L. Fan$1er IA,P.L,.S, No, 4348 / ]OHX T, JAKUS1K & ASSOCIATES, INc. [ 5/8" iron rods set o[ oll corners. / w~w.j~ku~ ksu rvey'ng.com / / / / i / / / / / / / / / / 315 / / / j"x. ii 11/ ~ /1/ ,, CO ,, T. &N. O. RR..~ t : / / I / I / / sO3?, '25"z 51.65 D,O iB. / Lot G /, / p.O.C. // Found I" IP X= 3,576,'1 '37.3 /t ~'- 787,645.7 /