HomeMy WebLinkAboutPR 23520: EASEMENT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY LP P. R. No. 23520
06/28/23 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PERMANENT EASEMENT AGREEMENT WITH CHEVRON PHILLIPS
CHEMICAL COMPANY LP FOR THE CONSTRUCTION,INSTALLATION
AND MAINTAINING OF A TWELVE(12")INCH BURIED CARBON STEEL
ETHYLENE PIPELINE WITHIN THE CORPORATE LIMITS OF PORT
ARTHUR,JEFFERSON COUNTY,TEXAS
WHEREAS, Chevron Phillips Chemical Company, LP, herein referred to as "Chevron
Phillips"has requested a major pipeline permit from the City of Port Arthur to install, operate and
maintain a twelve (12") buried carbon steel ethylene pipeline within the corporate limits of Port
Arthur,Texas along the north side of Highway 365 across city property,from Hurricane Levee to the
Premcor Valve Site on the west side of Spur 93/West Port Arthur Road; and
WHEREAS,Chevron Phillips is hereby requesting a permanent easement from the City for
construction, installation and maintaining of said pipeline across a 122.88ft or 7.45 rods section of
city owned property, (i.e., Port Acres Wastewater Treatment Plant); and
WHEREAS,in accordance with Section 272.001(b)of the Texas Local Government Code,
Chevron Phillips has agreed to compensate the City the fair market value amount$12,665.00 for the
easement as delineated in Exhibit"A"; and
WHEREAS, it is deemed in the best interest of the City to approve a permanent easement
agreement with Chevron Phillips as mentioned above.
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.
I
Section 2. That the City Manager is hereby authorized to execute the Permanent
Easement Agreement between the City of Port Arthur and Chevron Phillips Chemical Company,LP,
in substantially the same form, attached hereto as Exhibits"B".
Section 3. That the execution of the Permanent Easement Agreement will be contingent
upon the City Council's approval of PR#23499 for the issuance of major pipeline permit to Chevron
Phillips Chemical Company and receipt of payment for said easement.
Section 4. That the executed Permanent Easement Agreement shall be filed of record in
the Official Public Records of Jefferson County, Texas.
Section 5. 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.,
2023, at a Meeting of the City Council of the City of Port Arthur. by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman"Bill" Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
ti%('1=A47 01"- tr2/1/110
al Tizeno,
City Attorney
APPROVED D INISTRATION:
Ron Burton,
City Mana
Jo annatella,
City Engineer
Fl le Rob s,
Director of u is Wor
Calvin atthews,
Director of Water Utilities
EXHIBIT "A"
Right of Way Acquisition Report
ChevronPhillips Chemical Company LP Tract#: TX-JE-2105.000
1400 Smith Street —ROW 38092
Houston,Texas 77002
Project Name: Section"G"
Location: Jefferson County/Texas, USA
Grantors: City of Port Arthur
Address: 444 4th Street, Port Arthur,Texas 77640
Phone 409-983-8149
Grantee: ChevronPhillips Chemical Company LP
1400 Smith Street—ROW 38092
Houston, Tx. 77002
Purchase New Line Rights
Price Per Rod $1,500.00
Number of Rods
Number of Pipelines 1.00
$11,175.00
ADVANCE DAMAGES
Price Per Rod $100.00
Number of Rods
Number of Pipelines 1.00
$745.00
Temporary Workspace
Price Per Rod 100.00
Number of Rods 7.4500
Number of Pipelines 1.00
$745.00
Total Compensation $12,665.00
EXHIBIT "B"
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 , 2023, 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 Chevron Phillips Chemical Company LP, a Delaware limited partnership, whose mailing
address is 10001 Six Pines Drive, The Woodlands, Texas 77380 , 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,one
(1) pipeline (the "Pipeline") 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 Pipeline (collectively with the Pipeline,the "Facilities") in, over,through,
upon, across, under, and along land owned by the Grantor described in the Exhibit "A" and
depicted on the Exhibit "B" (the "Property"). The Permanent Easement is described and depicted
on Exhibit "A" and Exhibit "B" attached hereto. Grantor further grants, sells and conveys unto
Grantee a temporary construction easement depicted on the attached Exhibit "B" in order to
construct the Facilities on the Property, together with additional work space, if any, as described
and depicted on the attached Exhibit "B" for difficult crossings such as roads,creeks and railroads
(collectively,the "Temporary Construction Easement").
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
products,hydrocarbons,crude petroleum,natural gas,gas liquids,petrochemicals and their
derivatives. Grantee shall have the right of ingress and egress over, across and through the
Grantor Initials
Grantee Initials
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. The term of the Temporary Construction Easement shall be for a period to
extend no less than twelve (12) months from the date of construction commencement or
until such time the right-of-way is restored in accordance with the Federal requirements
and success criteria. However, if Grantee has completed its use of the Temporary
Construction Easement prior to the twelve(12)month period and, so states in writing,then
the Temporary Construction Easement shall immediately terminate. No pipeline or
permanent facility or any kind or character will be constructed on the Temporary
Construction Easement.
2. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and
fills on the Permanent Easement and the Temporary Construction 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 and Temporary Construction 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.
Grantor Initials
Grantee Initials
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
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,any 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.
Grantor Initials
Grantee Initials
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.
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 and/or 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.
Grantor Initials
Grantee Initials
16. IF ANY DISPUTE ARISES OUT OF OR IN RELATION TO THE PERMANENT
EASEMENT AND/OR THE TEMPORARY CONSTRUCTION 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.
EXECUTED this_day of , 2023.
GRANTOR:
City of Port Arthur, Texas, Title
a Municipal Corporation
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF §
On this _ day of , 2023,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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the day of
, 2023.
Notary Signature
(SEAL)
(Print Name of Notary Public Here)
My Commission Expires:
Grantor Initials
Grantee Initials
GRANTEE:
Chevron Phillips Chemical Company LP
By:
Printed Name:
Title:
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
Agent and Authorized Attorney-in-Fact of
, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the day of
, 2023.
Notary Signature
(SEAL)
(Print Name of Notary Public Here)
My Commission Expires:
After Recording Return to:
Grantor Initials
Grantee Initials