HomeMy WebLinkAboutPR 19026: AMENDMENT TO PIPELINE RIGHT OF WAY AND EASEMENT WITH PI DOCK FACILITIES LLC P.R. NO. 19026
6/15/15 ht
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO PIPELINE RIGHT OF
WAY AND EASEMENT WITH PI DOCK FACILITIES LLC OF SAN
ANTONIO, TEXAS, FOR THE CONSTRUCTION OF A PROPOSED 36
INCH CRUDE OIL PIPELINE WITHIN THE CORPORATE LIMITS OF
THE CITY OF PORT ARTHUR.
WHEREAS, per Resolution No. 12-591, the City of Port Arthur
granted Pipeline Permit 12-04 to PI Dock Facilities LLC for the
construction of a 36" crude oil pipeline in the corporate limits of
the City of Port Arthur; and,
WHEREAS, pursuant to Ordinance No. 13-27 adopted and approved
by the City Council on May 21, 2013 , the Pleasure Island Commission
is now operating as an advisory board to the City of Port Arthur,
and the City of Port Arthur is the current owner of the property
subject to the Pipeline Right of Way and Easement; and,
WHEREAS, PI Dock Facilities LLC had acquired all necessary
rights of way and permits for the construction of the pipeline and
was ready to begin construction, but the US Corps of Engineers
( "Corps" ) withdrew their approval due to methods of crossing the
hurricane protection levee; and,
WHEREAS, the Corps has now approved a new hurricane levee
crossing plan, but the new plan caused the route of the pipeline to
slightly deviate from the original plan, which was previously
approved by the Pleasure Island Commission and the City of Port
Arthur; and,
s.pr 19026
WHEREAS, PI Dock Facilities LLC is now submitting an amendment
to the pipeline right of way and easement attached hereto as
Exhibit "A" for approval from the City of Port Arthur; and,
WHEREAS, the Pleasure Island Advisory Board approved the
amendment to the pipeline right of way and easement at their June
10, 2015 meeting (see attached Exhibit "B" ) .
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 Council of the City of Port
Arthur hereby approves the Amendment to Pipeline Right of Way and
Easement with PI Dock Facilities LLC, in substantially the same
form as Exhibit "A" .
Section 3 . That a copy of the caption of this Resolution
shall be spread upon the Minutes of the City Council .
READ, ADOPTED, AND APPROVED, this day of
2015 AD, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote : AYES :
Mayor:
Councilmembers :
NOES :
s.pr 19026
Deloris Prince,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
G /
LIMO CD
Valecia Tizenol,
City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal,
City Manager
.� '/ /
Ra -tts Baahe• h, Sr. ,
Interim Director of Public Works
s.pr 19026
EXHIBIT "A"
PI DOCK FACILITIES LLC
Director, Real Estate
One Valero Way
San Antonio, TX 78249
February 3, 2014
Mr. John Comeaux
Director of Public Works
City of Port Arthur
P. O. Box 1089
Port Arhtur, TX 77641
RE: Proposed 36-Inch Pipeline
From Pleasure Island to Valero Refinery
Jefferson County, TX
Dear Mr. Comeaux:
On September 12, 2012 the Pleasure Island Commission Of The City Of Port Arthur granted PI Dock
Facilities LLC an easement to construct a 36-inch pipeline from a new dock facility being constructed on
Pleasure Island south of the MLK Bridge northerly along State Highway 82 to the City park and then
westerly across the Sabine Neches Waterway. Likewise the Port Arthur City Council approved the
construction of this pipeline at City Council meeting on December 11, 2012.
PI Dock Facilities had acquired all of the rights of way and permits for construction of the pipeline and was
ready to begin construction when the US Corps of Engineers withdrew their approval of the construction
method for crossing the hurricane protection levee. As you know there have been numerous meetings
with the Corps to discuss the method of crossing the levee. The Corps has now approved a levee
crossing plan and the project is scheduled to start in early spring.
Because the Corps changed the original levee crossing plan it has caused the route of the pipeline to
deviate slightly from the route approved by the Pleasure Island Commission and Port Arthur City Council.
By letter dated January 3, 2014 I submitted revised drawings to you showing the new pipeline alignment.
When we visited by telephone on January 31, 2014 you said the city has reviewed the revised drawings
and since the deviation is so minor there is no objection us constructing the pipeline based on the original
alignment and submitting "as-built" drawings once construction has been completed.
We ask that you please signify the City's acceptance of approval by signing in the space provided below or
providing us with a letter of acceptance.
Sincerely
Haskel Rogers
Agreed to and Accepted this day of F-€60-.4.7 2014
CITY OF
PORT ARTHUR
By:
PI Dock-PAR 36"Crude Line
AMENDMENT TO PIPELINE RIGHT OF WAY AND EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
THIS AMENDMENT TO PIPELINE RIGHT OF WAY AND EASEMENT(this"Amendment")
is made and entered into effective as of September 27, 2012 (the "Effective Date"), by and between the
CITY OF PORT ARTHUR, a governmental entity ("Grantor"), and PI DOCK FACILITIES LLC, a
Delaware limited liability company("Grantee").
WHEREAS, Pleasure Island Commission of the City of Port Arthur (the "Commission") and
Grantee entered into a certain Pipeline Right of Way and Easement (the "Easement Agreement"), dated
on or about September 27, 2012, recorded as Document Number 2012038372 in the real estate records of
Jefferson County, Texas, under which the Commission granted to Grantee, its successors and assigns, a
right of way and easement to construct, maintain, operate, repair, replace, protect, and remove one (1)
thirty-six inch (36")nominal diameter pipeline and the facilities,appurtenances,and equipment described
in the Easement Agreement,as more particularly described in the Easement Agreement;
WHEREAS, pursuant to City of Port Arthur Ordinance No. 13-27, adopted and approved on May
21, 2013, the Commission is now operating as an advisory board to Grantor, and Grantor is the current
owner of the property subject to the Easement Agreement and has the authority to execute this
Amendment;
WHEREAS,the parties have agreed to amend the Easement Agreement pursuant to the terms and
provisions contained in this Amendment;
NOW THEREFORE, in consideration of $10.00 and other good and valuable consideration,
including without limitation the agreements contained herein, the receipt and sufficiency of which are
hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Recitals. The above recitals are incorporated herein for all purposes.
2. Amendment. The Easement Agreement is hereby amended as follows: Exhibit "A"
attached to the Easement Agreement is deleted and replaced by Exhibit "A" attached hereto and
incorporated herein for all purposes.
3. Ratification. Except as expressly provided in this Amendment,the Easement Agreement
is hereby ratified and confirmed as originally provided.
4. Counterparts. This Amendment may be executed in multiple originals and when
executed,all such counterparts shall constitute one document.
[signatures contained on next page]
EXECUTED in duplicate originals as of the above-written Effective Date.
GRANTOR
CITY OF PORT ARTHUR
By:
Name:
Title:
GRANTEE
APPROVED PI DOCK FACILITIES LLC
LEGAL
James V. Stegall, Vic resident
2 of 3
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on , 2015, by
of the City of Port Arthur, a governmental entity,
on behalf of said entity.
NOTARY PUBLIC
STATE OF TEXAS §
§
COUNTY OF BEXAR §
This instrument was acknowledged before me on V-0-121.14(.10-1 , 2015, by James V.
Stegall, Vice President of PI Dock Facilities LLC, a Delaware limited liability company, on behalf of said
company.
`� AMY HAMLET Gni Y �
Notary Public OTARY PUBLIC
•s�Jam/ STATE OF TEXAS
-o� My Comm.Exp.06-08.2015
After recording,please return to:
PI Dock Facilities LLC
Attn: Director, Real Estate-Rm. E2A-110
P.O. Box 696000
San Antonio, Texas 78269-6000
3 of 3
EXHIBIT"A"
Legal Description: 1.2723 acre Surface Site Easement
John Bennett Survey, Abstract No. 71
Jefferson County,Texas
BEING 1.2723 acre surface site easement situated in the John Bennett Survey, Abstract No. 71,
Jefferson County, Texas, being out of and a part of that certain called 1,364 acre tract or parcel
of land as identified as Tract 8, Abstract 954, as described in a "Patent" from the State of Texas
to City of Port Arthur, as recorded in Clerk's File No. 97-9733311, Official Public Records of
Real Property, Jefferson County, Texas, and being out of and a part of that certain called
100.0004 acre tract of land, as described in a "Project Agreement" from Port Arthur Navigation
District Industrial Development Corporation to Bethlehem Steel Corporation, as recorded in Film
Code No. 100-79-1412 Official Public Records of Real Property, Jefferson County, Texas, said
1.2723 acre meter site easement being more particularly described as follows:
NOTE: All bearing and coordinates are referenced to the Texas State Plane Coordinate
System South Central Zone NAD83 (CORS 96). All distances and acreage are grid. All
5/8"iron rods set with caps stamped "M.W Whiteley &Associates-.
1 COMMENCING at a 1/2" iron rod in concrete found for the Southeast corner of the said
100.0004 acre Bethlehem Steel Corporation tract and being in the West right-of-way line of State
Highway 82 as relocated, as described in a "Special Warranty Deed" from the City of Port
Arthur of the County of Jefferson, State of Texas to State of Texas, as recorded in Film code
100-79-1476, Official Public Records of Real Property, Jefferson County, Texas, and being the
Northeast corner of that certain called 37.99 acre tract of land, as described in a "General
Warranty Deed with Lien in Favor of Third Party" from Irvine Property, Inc. to Shore Marine
Services, Ltd, as recorded in Clerk's File No. 2006012346, Official Public Records of Real
Property, Jefferson County, Texas, said point having coordinates of N:13,880,198.5552, E:
3,568,131.6242;
THENCE NORTH 16°53'47" EAST, over and across the said 100.0004 acre Bethlehem Steel
Corporation tract, for a distance of 2,296.57 feet to a 5/8" iron rod set for the Southeast corner
and the POINT OF BEGINNING of the tract herein described, said point having coordinates of
N:13,882,395.9900, E:3,568,799.1000;
THENCE NORTH 74°07'43" WEST, for a distance of 250.00 feet to a 5/8" iron rod set for the
Southwest corner of the tract herein described, said corner having coordinates of
N:13,882,464.3600, E:3,568,558.6300;
THENCE NORTH 15°51'55" EAST, for a distance of 225.00 feet to a 5/8" iron rod set for the
Northwest corner of the tract herein described, said corner having coordinates of
N:13,882,680.7900, E:3,568,620.1400;
EXHIBIT"A"
Page I of 9
114RK W WHITELEY A VD ASSOCIATES.IVC.
THENCE SOUTH 74°07'54" EAST, for a distance of 136.71 feet to a 5/8" iron rod set for an
angle point in the North line of the tract herein described, said corner having coordinates of
N:13,882,643.4100, E:3,568,751.6400;
THENCE SOUTH 66°45'48" EAST, for a distance of 114.24 feet to a 5/8" iron rod set for the
Northeast corner of the tract herein described, said corner having coordinates of
N:13,882,598.3400, E:3,568,856.6100;
THENCE SOUTH 15°51'57" WEST, for a distance of 210.36 feet to the POINT OF
BEGINNING and containing 1.2723 acres, more or less.
Legal Description: Centerline Description of a 20 foot Wide Pipeline Easement (Part One)
North John Bennett Survey, Abstract No. 70
John Bennett Survey, Abstract No. 71
Jefferson County, Texas
BEING a centerline description of a 20 foot wide pipeline easement(10 feet on either side of the
herein described centerline) situated in the North John Bennett Survey, Abstract No. 70, and the
John Bennett Survey, Abstract No. 71, Jefferson County, Texas, being out of and a part of that
certain called 100.0004 acre tract of land, as described in a "Project Agreement" from Port
Arthur Navigation District Industrial Development Corporation to Bethlehem Steel Corporation,
as recorded in Film Code No. 100-79-1412 Official Public Records of Real Property, Jefferson
County, Texas, and being out of and a part of that certain called 1,364 acre tract or parcel of land
as identified as Tract 8, Abstract 954, as described in a "Patent" from the State of Texas to City
of Port Arthur, as recorded in Clerk's File No. 97-9733311, Official Public Records of Real
Property, Jefferson County,Texas, said centerline being more particularly described as follows:
NOTE: All bearing and coordinates are referenced to the Texas State Plane Coordinate
System South Central Zone NAD83 (CORS 96). All distances and acreage are grid. All
518"iron rods set with caps stamped "M W Whiteley &Associates".
COMMENCING at a 1/2" iron rod in concrete found for the Southeast corner of the said
100.0004 acre Bethlehem Steel Corporation tract, and being in the West right-of-way line of
State Highway 82 as relocated, as described in a "Special Warranty Deed" from the City of Port
Arthur of the County of Jefferson, State of Texas to State of Texas, as recorded in Film Code No.
100-79-1476, Official Public Records of Real Property, Jefferson County, Texas, and being the
Northeast corner of that certain called 37.99 acre tract of land, as described in a "General
Warranty Deed with Lien in Favor of Third Party" from Irvine Property, Inc. to Shore Marine
Services, Ltd, as recorded in Clerk's File No. 2006012346, Official Public Records of Real
Property, Jefferson County, Texas, said point having coordinates of N: 13,880,198.5552, E:
3,568,131.6242;
THENCE, NORTH 16°49'50" EAST , over and across the said 100.0004 acre Bethlehem Steel
Corporation tract, for a distance of 2,452.96 feet to the POINT OF BEGINNING of the
centerline herein described, said point having coordinates of N:13,882,546.4442,
E:3,568,841.8607;
EXHIBIT"A"
Page 2 of 9
1ARIf W. WHITELEY AND ASSOCIATES.!VC
THENCE SOUTH 74°08'00" EAST, for a distance of 62.48 feet to a point for corner;
THENCE NORTH 18°28'33" EAST, for a distance of 195.25 feet to a point for corner;
THENCE NORTH 13°33'50" EAST, for a distance of 239.48 feet to a point for corner;
THENCE NORTH 07°37'33" EAST, for a distance of 237.06 feet to a point for corner;
THENCE NORTH 00°03'24" EAST, for a distance of 290.03 feet to a point for corner;
THENCE NORTH 04°30'01" WEST, for a distance of 1,224.21 feet to a point for corner;
THENCE NORTH 04°27'26" EAST, for a distance of 209.83 feet to the West right-of-way line
of State Highway 82 and the POINT OF EXIT of the centerline herein described, said point
having coordinates of N:13,884,901.9653, E: 3,568,971.9932, said centerline having a total
length of 2,458.34 feet;
Legal Description: Centerline Description of a 20 foot Wide Pipeline Easement(Part Two)
North John Bennett Survey, Abstract No. 70
B.C. Arthur Survey,Abstract No. 61
Jefferson County, Texas
BEING a centerline description of a 20 foot wide pipeline easement (10 feet on either side of the
herein described centerline) situated in the North John Bennett Survey, Abstract No. 70, and the
B.C. Arthur Survey, Abstract No. 61,Jefferson County, Texas, and being out of and a part of that
certain called 1,364 acre tract or parcel of land as identified as Tract 8, Abstract 954, as
described in a"Patent" from the State of Texas to City of Port Arthur, as recorded in Clerk's File
No. 97-9733311, Official Public Records of Real Property, Jefferson County, Texas and being
out of and a part of that certain called 3,230.7 acre tract or parcel of land as identified as Tract 7,
Abstract 954, as described in a "Patent" from the State of Texas to City of Port Arthur, as
recorded in Clerk's File No. 97-9733311, Official Public Records of Real Property, Jefferson
County, Texas. said centerline being more particularly described as follows:
NOTE: All bearing and coordinates are referenced to the Texas State Plane Coordinate
System South Central Zone NAD83 (CORS 96). All distances and acreage are grid. All
5/8"iron rods set with caps stamped "M.W Whiteley &Associates".
COMMENCING at the POINT OF EXIT of the above described 20 foot wide pipeline
easement (part one);
THENCE NORTH 04°27'26" EAST, over and across State Highway 82 right-of-way as
relocated, as described in a "Special Warranty Deed" from the City of Port Arthur of the County
of Jefferson, State of Texas to State of Texas, as recorded in Film Code No. 100-79-1476,
Official Public Records of Real Property, Jefferson County, Texas, for a distance of 578.31 feet
to the East right-of-way line and the POINT OF BEGINNING of the centerline herein
described, said point having coordinates of N:13,885,478.5286, E:3,569,016.9353;
EXHIBIT"A"
Page 3 of 9
bIARK fl WHITELEYAVD ASSOC/-i TES tvC.
I
THENCE NORTH 04227'26" EAST, over and across the said for a distance of 583.09 feet to a
point for corner:
THENCE with a curve turning to the right with an arc length of 3132.66, having a radius of
7200.00', being subtended by a chord bearing of NORTH 16'55'18" EAST , having a chord
length of 3108.01' to a point for corner;
THENCE NORTH 29'23'10" EAST, for a distance of 908.54 feet to a point for corner;
THENCE NORTH 39'02'36" EAST, for a distance of 363.07 feet to a point for corner;
THENCE NORTH 26'40'31" EAST, for a distance of 598.17 feet to a point for corner;
THENCE NORTH 26`26'10" EAST, for a distance of 1028.98 feet to a point for corner;
THENCE NORTH 54°28'23" WEST, for a distance of 1224.88 feet to the POINT OF
TERMINATION of the centerline herein described, said point having coordinates of
N:13,892,274.5695, E: 3,570,371.1713, said centerline having a total length of 7,839.39 feet.
Surveyed on December 22, 2014. This legal description is being submitted along with a plat
based on this survey.
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EXHIBIT"A"
Page 4 of 9
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EXHIBIT "B"
MII
904, Pleasure Island
DISCOVER TEXAS' 520 Pleasure Pier Boulevard •Port Arthur, TX 77640 •(409) 982-4675
NEWEST ISLAND
PORT ARTHUR,TEXAS
June 12, 2015
Ms. Tizeno,
At the June 10th monthly meeting of the Pleasure Island Advisory Board, one of the
motion items was approval of a pipeline easement for the Pleasure Island Dock Facility.
A motion to approve the adjusted pipeline easement was made by Ricky Reese and
second by Darrell Anderson. The motion passed unanimously.
The minutes from this meeting will be approved at the July 14th monthly meeting.
Respectfully,
Jimmy R. Dike
1_!_!_!!'1 i_! _$ AM `EGA`