HomeMy WebLinkAboutPR 12465 ENCROACHMENT AGMTinteroffice
MEMORANDUM
To:
From:
Subject:
Date:
Mayor, City Council, City Manager
Mark T. Sokolow City Attorney ~ ~
P. R. NO. 12465; Council Meeting of December 9,
December 5, 2003
Attached is P. R. No. 12465 pertaining to an
encroachment agreement requested by Duke Energy Field
Services as it pertains to the Centana easement.
MTS/ts
Attachment
CC:
VIA FACSIMILE (281) 444-2350
Kerry LaGronne
LSI
2003
z.pr12465.memo
RESOLUTION NO.
P. R. No. 12465
12/05/03 ts
A RESOLUTION PERTAINING TO AN ENCROACHMENT
AGREEMENT REQUESTED BY DUKE ENERGY FIELD
SERVICES AS IT PERTAINS TO THE CENTANA
EASEMENT
WHEREAS, the City has received a request from Duke Energy
Field Services as it pertains to Centana Intrastate Pipeline, LLC,
for an encroachment agreement, attached hereto as Exhibit "A"; and
WHEREAS, the City Council herein authorizes the City Attorney
to negotiate the necessary additional documentation, if any, that
is required so that Park Central Boulevard can be constructed on
the Centana easement.
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.
Section 2. That the City Attorney is herein authorized to
negotiate such additional documentation, if any, as needed, so that
Park Central Boulevard can be constructed on the Centana easement.
Section 3. That the City Manager is herein authorized to
sign such additional documentation as approved as to form by the
City Attorney so that this construction can continue.
Section 4. 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 ,
z.pr12465
A.D., 2003, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES: Mayor '
City Council '
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTOP~NEY
APPROVED FOR ADMINISTI~ATION:
STEVE FITZGIBBONS, CITY MANAGER
z .pr12465
EXHIBIT "A"
12/05/2005 FRI 12:1l FA~ ~001/01l
_D.u .ke. _Enen. gy®
I. lela ervices
A Ne~ rdncl oF Energy~'
571 estheL, mr, Suite 2000
Houswn, Tex~s 77057
FAX
Please Deliver Immediately
To:
1:11'131111
December 5, 2003
Compan~
Fa:c
F~;
Phone:
Mark Sokolow
Cky of Pon Arthur
(409) 983-8291
Amy L/ndsey
Dulm Ene.,gy Field
(713) 627-6616
(713) 627-6213
' ~e~duke-enem_ v. cqm.
It is my unde~randin$ ~ the ~y of Port Arthur p~ w ~m~ P~ ~ B~& ~er ~ ~ ~ ~,6-g
~e o~d by~ I~ P~ ~G ~'s ~r h~ app~ ~ ~ ~*~ ~ed on ~
Prior to b~i..i.g ¢oastmction of the to'way across the pipeli~, we will n~cl the ~-atyto ~ex~te an encro~ehn~m
agreemem. A copy of out sr~.,~,d eat-.~amem ~xeement i~ ~x~r. hed for your review. I ~11 ~-ed your
1. W'dl thc City of Port Ardour own Park Cem_,'al Blvck) If so, did thc C-W/acquire the strip by c~seme~ or deed?
I need the easement or de~d reference in order ~ complete Paragraph 3 of tim encxo~hn~t agreement.
Is the legal de~cdp6on ~erenced in the encro~ch~-*-t ~ement correcO Thc survey plan pm~:l~d by DP
doe1 no~ indicnm the leg~[ description v/here thc c.~ing will occur_ I need tl~ cormc~ legld description
complete P~ph 2 of the encroacAmem ~reemenu If you could p~o,dde a surveyor's pla~ of the pwpo~ed
mad, I can attar. Jo ir ro the agreement for addifiona[ reference.
CONFIDENTIALITY NOTE: The hffonnntlon amOlinat in or aitachcd to ~ FAX message ia Wivilesed and/or confldcnthd and is
intended only for fl~c use of the individual(0 lmmed abov~ If you ~r~ not tim named recipient, or ~m agent smpons~lc for ddivcring it to thc
.nam~l rcc/plcnt, you am hereby notified that you hay= r~-iv~l this docum~t in error and th~ review, di~mina/ioo or copying ~' this
~mmunication is prohlbimd. If you have ~dved this eommunicatlon in error, please notify us immcdiatdy by tdephone'~nd r~turn the
original documents ~o us by mail. Thank you.
3- please advlse who w/Il sign the agte-~*et ~or the CiW o/Pon Azthur and h wE~ ~.
If you can p~ovide this in~or,~;on, I ~ revise the encroachn~nt
for execution.
Amy D. Lindsey
Duke Eneq~r Field Services, LP
CONFIDENTIALITY NOTE: The information conU~ned in or a~ac, h~l to 'ibis FAX me~soge is priw'lesed smd/or ~onfiamt~*l and is
intcndcd only ~',he use of the Individual(s) named above, ff you ar~ nora tho named recipienL otnn n~eut n~/~)n~n'ble for deIivo'ing it to thc
nnmcd recipient, you are hereby notified that you hav~ received this docvmcnt in error and that review, di~t,,~minat/on or c~pyin8 of this
eommunic, ation is pmhiblted. If you have n~aeived this oonmlunioefion in error, please notify u~ immodiatoly by tdcphone'~,ld Ix:turn the
original documenm to us by mail. Th~mk ~Ou.
12/05/2003 FRI 12:13 FAX ~003/012
12/05/200~ FRI 12:18 FAX ~004/012
E NCIa, OACI-t/VlE NT AGREE i'vlENT
$1~r~ of T~
.County of Jefferson
KNOW ALL BY TI'~$E PRESEaNI~:
Thi, hgreengm is mad~ and entered into as of the day of December, 2003 by and lx-~en
CENTANA II~I'I'.RASTATE PIPELINI[, LLC: ('Granto~)~ ad&ess is 5718 Westhelmer, Suite 2000,
Houston, Texas 77057, and CITY OF PORT ARTHUR ('Grantee'), whine -dAms, is P,O. Box 1089, Port
Arthur, Texas 77641-1089:
WH2qESSETH:
WHEREAS, Grantor (successor in interest to Chico of T~ Corporation) is the owner of ,h~, cermh
Easement Agreement (~Easemenff) dated as of October 28, 1966, I~i.w~en George E. Clark, et. aL as rrnmlo~s ancl
ch;~o of Tea.as Corporation as gramee, recorded in Volume 1497, page 301 of the Deed Records of JeHerson
Count~ Texas, pu~uam to v&bh a pipeline has been ]aid on, in and a~mss tho~e lands more l:*Xr.L-ularly descr~d
as follo~, to-wit:
Lot 2, Block 13, Range IL Prat Arthur Land Company
Subdhgioa, T~N.O. 1LR 5urv~, ~241. Jefferson County,
Texas (the
Wf-I~ILEAS, by General Warranty Deed dated , b~t,~en ~;llbme ~; RAO, LP. as
grantor and the ~ of Port Arthur as gtamee, recorded/n Clerk's File No. of the Deed Records of
Jefferson Coumry, Texas, Grantee puwh~ed those lands das~'ibed above subject to the Easement; and
WHEREAS, Grantee desires to construct certain improvements on, over and across the Prol~rry, and
these Improvement* will encroach on the Easemem a, more ful}y depicted ia Exiu'oit "A~ amached hereto and made
a part hereof ('Improvements');
NOW THEREFORE, for ~-d in consideration of the prer~cs and of d~e mutual cow--~-*~ comained
herein, Grantor aclmowledges and coments to Grantee's proposed comtrmtiorl of the In:~ats, subject tO
the following ~ and conditioas:
L Notification. Grantee will uofifyGranmFs Pitmline Supervisor a~ (409) 296-2155 ~ least 48 horns
prior to ~dnen the construction of the Impro~¢rnents will commence.
2. Representative. Graamr res~'vc~ tbe rifle m have au iaspector or company represenU~ive on ske
for the duration of the constractlon of the Impmvemems.
3. Plans. Grantee .~h~)l supply such plans, surveys, dmwlngs and other doo,,~-~t~,q~u as Grantor
deems necessary or appmprlate to emure thaz the Improvements will not conflict with the operational integrity c~
Gnmtor's pipeline.
4. Cancellation for B~each. If Grantee does not comply' wkh any of the tenm, eondltbns and
:~quiremems se~ oa~ herein, Grantor may revoke this Encroachment .Agmcraem by pro, Al.§ written nor&:¢ ~o
Gtmatee.
12/05/2003 FRI 12:14 FAX ~005/012
5. Liability and In&mni~c~ti0n, (a) Grantee assumes all liability for any damages, costs, and
lhbilkies tehfing to Gmmogs pipeline and Improvements ~nd any related pe~sousl injury or chath resulting ia any
way from th~ corirln~oa of the Improvements. Grantee agrees to cause ks contractoxs s~m~l~ly to assume liab~y
/or all of the~e dam~e~, ¢o~s, and lhb/li~.
(b) aran e ro omible for corn ( rect or or ima lO
~he construction of the Improvements and any follow-up ~rk required to restore nmoff and drainage patterns ~o
the ~kuaffon that prevailed prior to r_hc cornmencemem of ~rk in the area l~l~ng to the Impmvemerlt~, Cn-antee
agree tn release, d~feml, '.m. d~. mn;~y, lllld hold ~ Energy Field Services, LP, Centare lnn~stnm ]Pipeline
LLC~ their .ffiffates, and their officer~, employees, and agentz h~,vnl.ss from ami agalmt any and all risks,
liabilities, causes of action and claims of prop~r~y damage, penoIml injury, or death resul~ fxom or
related in any way to Ca-antee's construction, operation, and use of the Impm~n~nts ¢ontempla~-d under
this agreement- Grantee agree; that the inde,~,~;flcation obllgallons contained in this Section am to be
h~erally construed. The above exclusions of liability and indemn~es shall apply to any property damage,
penonal injury, or death that arises directly, in0irectly, or incident to the Improvements or to GreaSe's
commmtion or usa of the Improvements, whether on the Property or in the course of going to or coming
horn or at any other place where Grantee's employees, agents, conh-actox~, or equipment are present as a
result of Gmnme's consm~cfion or relating to the pc. flounce of hhis Agreement. Grantee's releases and
indemnification obHgatious apply WITHOUT KEGARD TO THE CAUSE OR CAUSES OF THE
C~AIM OR LIABILITY IN QUESTION, INCLUDING, WITHOUT LIMITATION, STRICT
LIABILITY, BREA(~-I OF WARRANTY (EXPRESS OR IMPtt~D), IMPERFECTION OF
MATERIALS, CONDITION OF ANY PREMISES OR TRANSPORT TO OR FROM SUCH
PREMISES, OR THE NE~T tGEN~ OF ANY INDEMNITEE, ITS OVVlCERS, EMPLOYEES, OR
AGENTS, AND WIIETHER ALLEGED NEGLIGENCE BE SOLE, JOINT OR CONCURRENT,
ACTIVE OR PASSIVE, and ~eganlless of whether the claim is based on common law, civil law, statvte, or
contractual obligation between the in.mn;tee and a thlnt party.
6, Granmt~s Right to Remo~ and Rebm~d/mprovement~, Gr~-tor may remove, at Grantee's
expense, the Improvemems or portion thereof, if in Grantor's judgment it is reasonably necessav/to do so to
exercise the fights held by Grantor or to comply with anylaws, regulations ~d r~tes related to the operation md
maintenance of Gmmor's pipeline and/acilifies. A~ the conchsion d Gvamer's work activity as eomemt~med
herein, Grantee m~y reconstruct the Improvements at Gramed~ expense and risk Any mmegal modification in thc
Improvements from v. hcge depicted in Exhibit A shall b~ do~e o~y with the prior written approval of Grantor.
7. Cathodic Protection; Corrosion Control. If Grantee should imtall anyt~e of corrosion control
device or syatam~ it will be compatible with any corrosion coatrol &vice or s)stem used by Gramor on ks pipeline
and brAlities. If the two devices or systems are not compau'de. Grantee, at the request of Grantor, will at Gran~e%
sol~ cost and ~e mak~ the necessa~ mod~ic~ns ~o its devic~ or system m
Grantors corrosion control cL-wice or syste~
8. Compliance with Law~ and R~gulations. The Improvemenm sh~ be con~tmcr~l and
~d. to complywlth all hx~ ~ industry standards, specifically including without l~,'~a~on those rvl~4,,, to
the oper~on and sdety of Grantor s pipdi~. No Improvements sh. II be ean~xt~d th~ came Grantors pipe~hine
~o be om of compliance ~th applic~bl~ ~ sd~y or ol~tion la~s ~nd n~mhdons, Grantor is respomible for
obts;n;.g dl ne~sa~ zoning approvals, variam~, land use pe~rmits, and od~r required appmvats ~or the
Improvemenm.
9. Other Consents and Approvals. The permission herdn granted by Grantor k llmired to ks
interest a~d ~,,~horlry in the Propeixy, and Gramee aclmowtedges the possibl~ obligation to obtain the required
permission from other pa~ties or governmental entitle. Gmmor permits the Improvements onlyto the extent it
maydo so by hw.
2
Fill 12;14 F.,~
10. Li~bLli~ for P.¥elhie Damage. G~,',~','-= ~c¢l:xs ~ IAbil/~ for m~'dac0~ to Gra~or's pigdine
and facilki~ from the c0mtru~on, placement, operation, and maintenan~ of ~ Improvcmcnr~.
11. Comm~6ou S~aml~rds. Gn~ee ~ ~ is ~ conr. ractox~ and their conms~ors and
subconwactots pos~ss the degree of skill ne~ssa~jr to conmuot the Improvements depicted on ~xhib~ i in a safe
and prudent manner as comemplated under th/s Agmem~n~ AIl wor~ contempl~ed under this A~reement will be
Grantee determines to use the services of one or more conWac'm~ for the performance of any work under this
Ag~emeut, any a~-ement between Gr~tee ~nd its contractors will contain prov~siom ~ that the work be
performed in accor, hnce with. the requirements of this Ag~emeot, including witho~ lir~'?~n its allocation and
ris~ l~bil~, and Lnxlexrn~ication provisions.
lZ Miscelhn¢ous Provisions, (a) .Ass~nmen~ Grantee may not assign th~s Agrecme-r without
Grantors prior wrinen consenr~ which shall not unreasonably be w/rhhcki. The valid assi~me~t of ~ Agreo~ent
will not reJieve Grantee of liability uncler dxis .~reement,
(b) Norms. Any notice, tender, deliv?.ry, or od~r .?nr~..unicap.' .n. made ptusuan~ m r~ Agreement
sh=ll be in ~ and ~hall be addressed ~o -the recip~ t~uty at the address ~ {'or that ~ on page one of
(c) ~ This Agruem~n~ constitutes the entire unclersmndlng between the Grantor and
Grantee rela~ to the Improvement. Any mlare~ prior agreements, promi~ea, negotiatiom, or representar~n~ not
expresslysec for~ ~n th~ Agreement ~e of no ~oree and e~ect. Any'waiver or ~-~,-ndmenl: of this Agreement shall
be of- no force and effect unless ir is in writing and signed byGrantee and Grantor.
(c~ A~tomeys. ' Fee~. If any ~x~on, pro~ee3in~ or ~bkratinn azisin~ out of or rel~in§ to this
Agreement is commenced, then as between Gma~ and Grantor, the prew;ling pmty sh.~ be emitled ~o receive
from the other pa~y, in .ddition t6 may other relief that may be gt'amed~ ~ reasonable attorneys' fees, costs, and
e~pemes incurred in the a~xion, proceeding: or a~okmtinn.
(e) Bi. dine Effe~t, This Agreement shall be binding on and inure to the benefit of the pa~es to this
Agreement and tkelr successors and assigm, ear.~pt as otberv~¢ provided herein,
(0 Gover. i-? Law. This Agreea~m a~d the legal relations between th~ ~L~ies shall be governed by
and consm~d in accordance with the laws of the State of Texas ~thout reference to laws thr~ could rr:fcr m the law
of another jntisdktio~
(g~ ~_aiY.~. The w'a~.e~r by any party to this Agreemem of a Breach of any provision of this Agreemem
shall not be deemed a continuing waiver or a vr~ver of My subsequent breach of th~ or any other provision of this
13. Am~adme~t ~ml Co.rotation. The Easement is ~m~nded to the e.xte~ norad h~eim In all
other respects, it is confirmed and shall eomlm~ in full force and effect. Gma~e bereby ratifie~, adopts, approws
.~nd comf'irms thc Easement and d~lares th~ the E~.~erncnt is in full force and effect with respect to the Propei~cy.
IN WITNESS WHEREOF, th~ panics have set their hands by their duly authorized representatives as of
the d~e fhst set forth above.
GRANTOR:
OfiNTANA INTRASTATE PIPELINE LLC
GRANTEE:
CITY OF PORT ARTHUR
David F. Garry, Vice President
BI~
Leslie E. MeMahen, Director of Public Works
3
12/05/2003 FRI 12:15 FAX ~007/012
AC;lt.r'q OWI. EDGE lVI~ NT S
5tat~ of Tom ~
C~ontr of ~ 5
This instrument ~ aclmowiedged before me on rbAs __ day of December, 2003 by David F. Gar~t as Vice
presid~,t of ~ntana I nw~ate Pipeline, LL( a Debavare limited liabi]ky company on be. half of thc cow, any.
Nom"yPublic
Sta~e of Terns $
County of Jefferson $
This ~ w~ ~c!mowledged before me on rids
Dire~or of Public Works for the City of Po~ Arthur.
dny of December, 2003 by ~ E. IV,_t-Ma~n os
Notav/Public
12/05/2003 FRI 12;15 FA~ [~008/012
12/05/2003 FAI 12:16 FAX
12/05/2003 FRI 12:17 FAX I~010/012
12/0~/2003 ~I 12:18 FAX [~011/012
12/06/2003 FRI 12:18
FAX
~012/012