Loading...
HomeMy WebLinkAboutPR 24569: TO GRANT A TEMPORARY ACCESS ROAD EASEMENT TO TRC COMPANIES ON BEHALF OF TRIDENT INTRASTATE PIPELINE, A KINDER MORGAN COMPANY City of ort rthtri-`�� T ... www.PortAr, INTEROFFICE MEMORANDUM Date: October 3, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts,EIT, MEng, MBA, CPM, Public Works Directo RE: PR 24569—Authorizing the City Manager to Grant a Temporary Ac ss Road Easement to TRC Companies on behalf of Trident Intrastate Pipeline, a Kinder Morgan Company Introduction: This agenda item requests Council's approval to grant a temporary road access easement to TRC Companies on behalf of Trident Intrastate Pipeline, a Kinder Morgan Company. Background: In March 2025, the City Council adopted Resolution No. 25-156, granting Trident Intrastate Pipeline, LLC, a Kinder Morgan Company, a Right of Entry Permit to conduct surveys, environmental assessments, and related due diligence activities on City property. This limited access ensured proper regulatory compliance and allowed the company to evaluate the feasibility of its proposed pipeline project. Trident has now, through its contractor TRC Companies, requested a temporary access road easement over City-owned property located on the western side of the landfill for the duration of 24 months. The proposed easement is necessary to facilitate continued site access during the course of pipeline-related evaluations and construction staging. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: The City will receive$15,220.00 to be deposited in Account No. 001-21-000-4305-00-00-000. The City will bear no costs for road construction,maintenance, or restoration. Recommendation: The City of Port Arthur City Council is recommended to approve PR 24569, granting a temporary road access easement to TRC Companies on behalf of Trident Intrastate Pipeline, a Kinder Morgan Company, for$15,220.00 for a period of 24 months. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR 24569 10/03/2025 FCR-TNR Page 1 of 3 RESOLUTION NO. A RESOLUTION GRANTING A TEMPORARY ACCESS ROAD EASEMENT LOCATED ON THE CITY'S LANDFILL PROPERTY AT 4732 TEXAS 73, PORT ARTHUR, TX 77642, TO TRC COMPANIES, ON BEHALF OF TRIDENT INTRASTATE PIPELINE, LLC, A KINDER MORGAN COMPANY, FOR A TERM OF TWENTY-FOUR (24) MONTHS, AND PROVIDING FOR RELATED MATTERS. WHEREAS, pursuant to Resolution No. 25-156, the City Council previously granted Trident Intrastate Pipeline, LLC, a Kinder Morgan company ("Trident"), a Right of Entry Permit to conduct surveys, environmental assessments, geotechnical evaluations, and related analyses in furtherance of a proposed project; and, WHEREAS,the City Council determined at that time that granting limited access for such due diligence activities served the public interest by ensuring regulatory compliance and proper evaluation prior to consideration of any future project approvals; and, WHEREAS, in continuation of the project, Trident, through its contractor TRC Companies,has requested a temporary access road easement over City-owned property located on the western side of the City's landfill site, as more particularly described in Exhibit"A" attached hereto and incorporated herein; and, WHEREAS,the firm proposes using the easement and road for 24 months from the date of granting. As delineated in Exhibit "A," upon termination of the use of the easement, Trident shall leave the road in as good or better condition; and, WHEREAS,the proposed easement shall be limited to a term of twenty-four(24)months from the effective date of this Resolution, during which time Trident shall maintain the road, constructed of a limestone rock base overlaid with crushed concrete, at its sole cost and expense; and, WHEREAS, Trident has agreed to restore the easement area to as good or better condition at the conclusion of the term, and further proposes to pay the City the amount of $15,220.00 as consideration for the easement,as delineated in Exhibit"A"; and, WHEREAS, the City Council recognizes that the granting of this temporary easement is limited in scope, does not confer exclusivity, and does not constitute approval of any pipeline construction or the granting of any permanent easement; and, WHEREAS,the City Council finds it appropriate to authorize the City Manager to execute a Temporary Road Access Agreement in substantially the form attached hereto as Exhibit"B,"and to take all actions necessary to effectuate the intent of this Resolution. PR 24569 10/03/2025 FCR-TNR Page 2 of 3 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT,the facts and opinions in the preamble are true and correct; and, THAT, City Manager is hereby authorized to execute and deliver the Temporary Road Access Agreement, attached hereto as Exhibit "B," granting to TRC Companies, on behalf of Trident Intrastate Pipeline, LLC, a Kinder Morgan company, a temporary access road easement for a term of twenty-four(24)months in exchange for payment of$15,220.00. THAT, the City shall deposit the payment received under this Agreement into Account No. 001-21-000-4305-00-00-000.The City shall not incur or be responsible for any cost associated with the construction,use, or maintenance of the access road. THAT, the temporary access road easement granted herein shall be non-exclusive, shall not be construed as approval of any pipeline construction or as a permanent easement, and shall automatically terminate at the end of the twenty-four (24) month term unless expressly extended by the City Council. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this the day of , A.D. 2025 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Charlotte M. Moses Mayor %:e PR 24569 10/03/2025 FCR-TNR Page 3 of 3 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVE ' DMINISTRATION: 01 tibtfler' Ronald ITO.7 'M City Man._er i Al I clIMPIA..- "relle C' 11•berts, 'I M ng' BA, CPM Director • ' blic ,'ork 1 //` Clifton . Williams, Jr., CPPB Purchasing Manager 0/4 Lynda Bos ell, M , CGFO Director of Finance P.R.No.24569 � KINDER` MORGAN Delivering Energy. Improving Lives. 09/30/2025 Ronald Burton City Manager City of Port Arthur Texas 444 4th Street Port Arthur, Texas 77640 Dear Mr. Burton: Trident Intrastate Pipeline, LLC, a Kinder Morgan company, is seeking a Temporary Access Road easement to be used during the construction of the Trident Intrastate Pipeline. The access road is located on the West side of the Port Arthur Landfill property as depicted and described in the survey sketch and the proposed road use agreement that is attached. 1. The access road would be needed for a period of twenty-four(24) Months. 2. Approximately twelve hundred (1200)tons of crushed concrete and limestone rock would be used as a base on the road. 3. Cars, light trucks, pipe stringing trucks, heavy equipment trucks, dump trucks, heavy equipment including D-6 Cat Dozers, Booms, Excavators, and Drilling Equipment will use the road for construction access to the pipeline. 4. The road would be left in as good as or better condition as before the road use by Trident Intrastate Pipeline. 5. The proposed payment for the temporary access road use is $15,220.00 We are presenting this to you today, three weeks prior to the October 21st City Council meeting so that we can be on the agenda for that meeting. Sinc re -- l R. Patric ohnston Land Manager TRC Companies 281.622.9548 non nston a(�.trccompanies.com Cc: Flozelle Roberts RECEIVED OCT 011015 1001 Louisiana Street, Suite 1000, Houston,TX 77002 P.R.No.24569 Tract: TX-JF-659.000 TEMPORARY ACCESS ROAD EASEMENT AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON In consideration of Fifteen Thousand Two Hundred Twenty Dollars($15,220.00)and other valuable consideration received, CITY OF PORT ARTHUR, its successors and assigns, ("Grantor"), whether one or more, grants and conveys to TRIDENT INTRASTATE PIPELINE LLC, a Delaware limited liability company ("Grantee"), its successors and assigns ("Grantee"), a non-exclusive right of way and temporary access road easement("TAR")upon, over, and through the access road depicted and described on Exhibit A, attached hereto and incorporated herein by reference. The parties further agree to the following: Grantee may use the TEMPORARY ACCESS ROAD (TAR) for ingress and egress purposes to, from, upon, and over the access road depicted and described in Exhibit A to access Grantee's pipeline easement on the City of Port Arthur's property("Port Arthur Property"). Grantee will not store equipment or park vehicles on the TAR. Grantee agrees that, except while using the TAR for ingress and egress purposes to its pipeline easement on the Port Arthur Property, Grantee will not block or otherwise impede Grantor's access to the TAR. Grantee agrees to maintain the TAR during the duration of this agreement and repair any damage caused by Grantee to the TAR. Grantee agrees that upon termination of this agreement, Grantee will restore the TAR to the same or better condition that the TAR was in prior to Grantee's first use during construction on the pipeline easement. Termination. At such time as Grantee has completed the(1)twenty-four(24)months from the date this agreement is executed, or(2) after construction and restoration work is completed on the pipeline easement., Grantee shall record a termination of this Easement Agreement in the public records. In the event no termination is recorded, this Easement Agreement shall automatically terminate on the date which is the earlier of(i) twenty-four (24) months after the date hereof or (ii) after construction and restoration work is completed on the pipeline easement. Notwithstanding the foregoing, the Termination Obligations shall survive the termination of this Easement Agreement in all respects. Insurance. At all times that Grantee is utilizing the temporary access road hereunder, Grantee shall obtain, and shall cause its agents and contractors entering the Grantor Property to obtain and maintain, (a) general public liability insurance to afford protection against any and all claims for personal injury, death or property damage arising directly or indirectly out of the exercise of the rights, privileges and obligations hereunder in a combined-single limit of not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, with respect to bodily injury or death and property damage; and(b) an umbrella liability insurance policy with a limit of not less than $10,000,000.00. Said insurance shall be issued by solvent, reputable and Best A- Tract: TX-JF-659.000 rated or better insurance companies licensed to transact business and in good standing in the state of Texas,naming Grantor as an additional insured. Prior to entry on the Grantor Property, Grantee shall deliver or cause to be delivered a certificate or certificates evidencing the insurance coverage required herein. Governing Law. This Easement Agreement shall be governed by the laws of the State of Texas. Headings. The headings of the paragraphs contained herein are intended for reference purposes only and shall not be used to interpret the agreements contained herein or the rights granted hereby. Amendment. This Easement Agreement may not be modified or amended, nor any of its provisions waived, except by written agreement signed by all of the parties to this Easement Agreement. Covenants Run with the Land. This Easement Agreement, and all rights and obligations contained herein, shall run with the Grantee Property and Grantor Property and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, including, without limitation, all subsequent owners of any portions of the property described herein and all persons claiming under them. Authority. Grantee and Grantor do hereby warrant to the other that it has full power and authority to enter into this Temporary Access Road Easement Agreement and grant the easements set forth herein. Each party further warrants,with respect to itself,that the execution and delivery of this Easement Agreement and the recordation of this Easement Agreement shall not(a) violate any provision of any applicable law or any judgment,writ,injunction,order or decree of any court or government authority having jurisdiction over it, (b) result in or constitute a breach or default under any indenture, contract, other commitment or restriction to which it is a party or by which it is bound, and(c)require any consent,vote or approval which has not been given or taken. Recording. This Temporary Access Road Easement Agreement shall be recorded following its execution. No Joint Venture. None of the terms or provisions of this Easement Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by a separate written instrument signed by the party to be charged. Attorneys' Fees. If any party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. Binding Effect. This agreement binds, benefits, and may be enforced by the parties and their respective heirs, successors, and permitted assigns. Tract: TX-JF-659.000 Counterparts. This agreement may be executed in multiple counterparts. All counterparts taken together will constitute this agreement. Waiver of Default. A default is not waived if the nondefaulting party fails to declare default immediately or delays in taking any action with respect to the default. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. The obligations of the parties under this provision will survive termination of this agreement. Entire Agreement. This agreement and any exhibits are the entire agreement of the parties concerning the Easement Property and the grant of the Temporary access road easement by Grantor to Grantee. There are no representations, agreements, warranties, or promises, and neither party is relying on any statements or representations of the other party or any agent of the other party, that are not in this agreement and any exhibits. Legal Construction. If any provision in this agreement is unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and the neuter will include the masculine or feminine gender, and vice versa. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be given (whether received or not)the earlier of receipt or three business days after being deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail,personal delivery, courier delivery, or email, and will be effective when received. Any address for notice may be changed by written notice given as provided herein. Grantee agrees to promptly repair any damages to the Temporary Workspace Area caused by Grantee and to restore such to as near to its condition prior to such damage as is practicable, reasonable wear and tear excepted. Grantee further agrees to hold Grantor harmless for any damages to equipment or any injury that might occur to any person authorized by Grantee, except Tract: TX-1F-659.000 to the extent caused by or attributable to the negligence or other fault of Grantor, its agents, employees, contractors, or others for whom Grantor is responsible. Grantor agrees to remit to Grantee all necessary documents required of Grantee to remit payment of the consideration set forth above. This Agreement shall be effective through [Signature pages to follow] GRANTOR(S) CITY OF PORT ARTHUR By: Name: Title: ACKNOWLEDGMENTS STATE OF COUNTY OF § This instrument was acknowledged before me on the day of , 2025 by , as , of City of Port Arthur. Notary Public, State of Texas My Commission Expires on__ Pr GRANTEE: TRIDENT INTRASTATE PIPELINE LLC By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § This instrument was acknowledged before me on the day of 2025, by _ as of Trident Intrastate Pipeline LLC, a Delaware limited liability company. Notary Public, State of Texas My Commission Expires on PRELIMINARY EXHIBIT "A-2" NI . PROPOSED TEMPORARY ACCESS ROAD JEFFERSON COUNTY,TEXAS \Y TR 3&18 113 H DE CROW 216.930 LAND FILL I I VICINITY MAP N.T.S. Cif 1 \ 1 i \ 1 , X:4278949 3,' Y...9974460.46 I TX-JF-659.000 1 d X:4281030.79 /.1> \ , �72856.75 30'WIDE TEMPORARY ACCESS ROAD LENGTH=3044 FT LEGEND NOTES: e ENTRY/EXIT POINT 1. THIS IS A GIS PRODUCT AND IS PROVIDED FOR GENERAL DISCUSSION AND NEGOTIATION OF THE LOCATION OF A PROPOSED UNDERGROUND PIPELINE AND ITS CORRIDOR -- — . TEMPORARY ACCESS ROAD 2 THIS CONSTRUCTION ESTIMATE SHOULD NOT BE USED FOR AUTHORITATIVE DETERMINATION OF LAND BOUNDARY,EASEMENTS.FENCES,BUILDINGS OR FUTURE IMPROVEMENTS. ATWS 3 ROUTE SUBJECT TO FINAL DESIGN. 4.THE COORDINATE SYSTEM USED TO DEFINE THE COORDINATES DEPICTED ON THIS ��PROPERTY BOUNDARY DRAWING IS STATE PLANE TEXAS CENTRAL,NAD83,US FEET }.I r 5.ALL PERMANENT AND TEMPORARY ACCESS ROADS TO BE THIRTY(30')FEET IN WIDTH ADJACENT PROPERTY BOUNDARIES CONSTRUCTION ESTIMATE DRAWN BY: TRC TRIDENT INTRASTATE PIPELINE CITY OF PORT ARTHUR CHECKED BY: TRC_ TAX ID:136751 MAP DATE: 5/1/2025 SCALE: 1 inch=640' Tract Number:TX-JF-659.000 REV NO. DATE DESCRIPTION 0/TIC A 4/22/2025 INITIAL ISSUE Trident Intrastate Pipeline LIC 11767 Katy Fwy STE 230 - B 5/1/2025 REVISED MAP DATA Houston,TX 77079 (281)616-0100 DRAWING NO.ACO-TX-JF-659.000 PROJECT NO 630450 SHEET 1 OF 1 ® DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 08/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Margo Hamrick NAME: McGriff,a Marsh&McLennan Agency LLC Company PHONE 1-800-476-2211 FAX 2000 International Park Drive (A/C,No,Ext): (A/C,No): Suite 600 E-MAIL mhamrick@mcgriff.com Birmingham,AL 35243 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B: Kinder Morgan,Inc. 1001 Louisiana Street,Suite 1000 INSURER C: Houston,TX 77002 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:88KC8G7z REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IP `R TYPE OF INSURANCE INSD ADDL SWVD POLICY NUMBER (MM DDUBR Y/YYYY) (MM/DD/YYYY)EFF LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY 317827 25 09/01/2025 09/01/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO D CLAIMS-MADE X OCCUR PREM SES(EaENTE occu occurrence) $ 1,000,000 MED EXP(Any one person) $ 0 X X PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ included OTHER: $ A '�AUTOMOBILE LIABILITY MWTB 317826 25 09/01/2025 09/01/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED X X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Port Arthur is included as Additional Insured and Waiver of Subrogation applies except where not permissible by law if required by written contract.For the General Liability and Automobile Liability policies,Insurance is primary and non-contributory over any other collectable insurance if required by written contract subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Port Arthur AUTHORIZED REPRESENTATIVE 444 4th Street Port Arthur,TX 77640 Page 1 of 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD