Ordinance No. 12,916ORDINANCE NO. 12,916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE EASEMENT TO DOW HYDROCARBONS
AND RESOURCES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That contingent upon receipt OF TWENTY -THREE THOUSAND
TWENTY -TWO AND NO /100 DOLLARS ($23,022.00), the City Council of the City of
Baytown, Texas, hereby grants a pipeline easement to Dow Hydrocarbons and Resources, LLC.
A copy of said easement is attached hereto, marked Exhibit "A" and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmati�te of the City Council of the
City of Baytown this the 23'd day of July, 2015.
ATTEST:
ETIC"BRYSCH., erk
APPROVED AS TO FORM:
41W�ez�'�
NACIO RAMIREZ, SR., CO Attorney
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Exhibit "A"
EASEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This Easement Agreement, dated , 2015 (hereinafter referred to as
"Easement Agreement "), is between City of Baytown, Texas, whose mailing address is 2401
Market, Baytown, Texas 77522 -0424 (hereinafter referred to as "Grantor," whether one or
more), and Dow Hydrocarbons and Resources LLC, whose mailing address is PO Box 4286,
Houston, TX 77210 -1607 and its successors and assigns (such entity and its successors and
assigns are collectively referred to as the "Grantee "). For the consideration 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 thirty -foot (30') wide non - exclusive easement in order to construct a new 12" pipeline
under land owned by the Grantor described in the attached Exhibits "A" and `B" ( "the Easement
Property"). Said Easement Property lying and being in lands owned by the Grantor, said lands
being described as follows in Exhibits "A" and "B," which are attached hereto and made a part
hereof for all intents and purposes.
It is further agreed as follows:
1. The right to use the Easement Property 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 purposes of establishing, laying, constructing,
reconstructing, installing, realigning, modifying, replacing, improving, altering,
substituting, operating, maintaining, accessing, inspecting, patrolling, protecting,
repairing, changing the size of, relocating and changing the route or routes of,
abandoning in place and removing at will, in whole or in part, a pipeline, for the
transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the
products thereof and natural gas and the products thereof, together with below - ground
appurtenances (except for pipeline markers and cathodic protection test leads which
Grantee is specifically allowed to install upon the surface of the Easement Property) as
may be necessary or desirable for the operation of the pipeline under the Easement
Property. Grantee shall have the right of ingress and egress over and across the Easement
Property to survey, conduct reasonable and necessary construction activities, and to
remove structures and objects located within the Easement Property.
2. Further, Grantee shall construct the 12" pipeline by using conventional, boring or
horizontal directional drilling methods of construction. Grantee will minimize surface
disturbance, and have the right to maintain and change slopes of cuts and fills to ensure
proper lateral and subjacent support for and drainage for the pipeline and appurtenant
facilities related to this pipeline project; provided such construction, maintenance, and
changes do not adversely affect the Grantor's use of the Easement Property. Grantee
shall also have the right to have a right of entry and access in, to, through, on, over,
under, and across the Easement Property only for those purposes associated with the
City of Baytown, Texas -- Dow Hydrocarbons and Resources LLC Easement Agreement Page 1
Easement Agreement at times, which, except for emergency conditions, Grantor has
been notified by Grantee in advance of the entry.
The consideration paid by Grantee in this agreement includes the market value of the
easement, conveyed by Grantor and any and all damages to the Grantor's remaining
property caused by such conveyance. Grantee will pay Grantor (or if leased to Grantor's
tenant) for any damages caused to the Easement Property or any other property of the
Grantor caused in whole or in part by Grantee's activities arising out of or associated
with the use of the Easement Property.
4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of
the Easement Property and will construct and maintain soil conservation devices on the
Easement Property as may be reasonably required to prevent damage to the property of
Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall
leave the surface as nearly as possible to as good or better condition as it was prior to the
construction of the pipeline as reasonably determined by the Grantor and will restore all
fences as nearly as possible to as good, or better, condition as they were prior to the
construction of the pipeline as reasonably determined by the Grantor.
5. Grantor may use the Easement Property for any and all purposes not inconsistent with
the purposes set forth in this Easement Agreement. Grantor's uses may include but shall
not be limited to using the Easement Property for agricultural, open space, set -back,
density, street, roadway and park purposes. Grantor is permitted, after review by
Grantee, to construct any and all streets and roadways, at any angle of not less than forty
five (45) degrees to Grantee's pipeline, across the Easement Property which do not
damage, destroy or alter the operation of the pipeline and its appurtenant facilities.
Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone
or other utility lines across the Easement Property at any angle of not less than forty five
(45) degrees to Grantee's pipeline, 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 Easement Property by Grantee and Grantor shall be regulated by
all appropriate ordinances, regulations, resolutions or laws of the governmental entity
with authority over the Easement Property. Grantor must notify Grantee in writing
before streets, roadways, utilities or other encroachments are installed.
6. Grantee may not use any part of the Easement Property if such use may damage, destroy,
injure, and/or interfere with the Grantor's use of the Easement Property as a public park
or for other municipal purposes Grantor is not permitted to conduct any of the following
activities on the Easement Property without the written permission of Grantee, which
permission shall not be unreasonably withheld, conditioned or delayed: (1) construct any
temporary or permanent building or site improvements, other than streets and roads; (2)
drill or operate any well; (3) remove soil or change the grade or slope; (4) impound
surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or
below ground obstruction that may interfere with the purposes for which this easement is
being acquired may be placed, erected, installed or permitted upon the Permanent
Easement Property without the written permission of Grantee, which permission shall
City of Baytown, Texas -- Dow Hydrocarbons and Resources LLC Easement Agreement Page 2
not be unreasonably withheld, conditioned or delayed. Grantor further agrees that it will
not interfere in any manner with the purposes for which the easement is conveyed.
7. Grantee agrees that it will not trim or cut down or eliminate trees or shrubbery without
the prior written permission of the Grantor and then Grantee may do so only to the extent
as may be necessary to prevent possible interference with the operation of the pipeline or
to remove possible hazards thereto.
8. Grantor shall retain all the oil, gas, and other minerals in, on and under the Easement
Property; provided, however, that Grantor shall not be permitted to drill or operate
equipment for the production or development of minerals on the Easement Property, but
it will be permitted to extract the oil and other minerals from and under the Easement
Property by directional drilling and other means, so long as such activities do not
damage, destroy, injure, and/or interfere with the Grantee's use of the Easement Property
for the purposes for which the easement is being sought by Grantee.
9. Upon completion of the project construction, fencing destroyed or disturbed by project
construction activities shall be installed by Grantee, at its sole expense, along the same
alignment and approximate location of the Grantor's existing fences. Grantee and its
designated contractors, employees and invitees agree to keep all gates in fences closed at
all times so that cattle, horses and/or other livestock located on the remainder portion of
Grantor's property cannot stray from the fenced pastures.
10. Grantee agrees that after it has exercised its rights to use this easement in any manner
that disturbs the surface of the Easement Property, it will restore the surface to the
condition in which it was in prior to the use of this easement to the reasonable
satisfaction of the Grantor except as the surface may be permanently modified by the use
of this easement
11.Grantee hereby agrees to indemnify, defend, and hold Grantor
harmless from and against any claim or liability or loss from personal
injury, property damage resulting from or arising out of the use of the
easement by Grantee, its servants, agents or invitees, and the
installation, use, maintenance, repair or removal of the pipeline by
Grantee and such persons acting on its behalf, excepting, however, such
claims, liabilities or damages as may be due to or caused by the acts of
Grantor, or its servants, agents or invitees. In the event that any action
or proceeding is brought against the Grantor by reason of any of the
above, the Grantee further agrees and covenants to defend the action or
proceeding by legal counsel reasonably acceptable to the Grantor.
12. Grantee shall have the right to assign this Easement Agreement, in whole or in part, to
one or more assignees upon prior written consent of Grantor, which consent will not be
unreasonably withheld. The easement shall be in perpetuity, and provisions of this
City of Baytown, Texas -- Dow Hydrocarbons and Resources LLC Easement Agreement Page 3
easement, including all benefits and burdens, shall run with the land. This conveyance is
made without warranty of any kind.
13. If at any time after the execution hereof, the Pipeline is determined by the Grantor to
interfere with the construction, maintenance or repair of any public way or municipal
utilities, the provision of emergency services or public safety and welfare, the Pipeline
shall be changed or altered promptly by the owner and/or operator of the Pipeline in such
a manner as to interfere no longer with such construction, maintenance, repair, the
provision of emergency services, or the safety of the public. The cost and expense of
such change or alteration shall be borne by the Grantee.
14. This Easement Agreement shall be interpreted in accordance with the laws of Texas and
all applicable federal laws.
15. In the event the terms of this Easement Agreement are violated, the non - breaching party
shall give notice to the breaching party and shall provide for a reasonable opportunity to
cure. If the violation is not cured, the non - breaching party may seek such other remedies
that may be available at law or in equity. However, it is expressly understood and agreed
that nothing contained herein shall be construed as a waiver or an agreement to waive the
Grantor's sovereign immunity.
16. This Easement Agreement may be signed in counterparts and all such counterparts shall
be deemed as originals and binding upon each party executing any counterpart and upon
their respective heirs, representatives, successors and assigns. Facsimile signatures shall
be deemed as an original signature by the enforcing party.
17. This Easement Agreement contains the entire agreement between the parties and there
are not any other representations or statements, verbal or written that have been made
modifying, adding to, or changing the terms of this Easement Agreement.
EXECUTED this _day of May, 2015.
GRANTOR:
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
City of Baytown, Texas -- Dow Hydrocarbons and Resources LLC Easement Agreement Page 4
STATE OF TEXAS §
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this day of July, 2015, by
RICHARD L. DAVIS, as City Manager of the City of Baytown, Texas, on behalf of the City of
Baytown, Texas.
EXECUTED this day of July, 2015.
STATE OF TEXAS §
COUNTY OF HARRIS §
Notary Public in and for the State of Texas
My Commission Expires:
GRANTEE:
DOW HYDROCARBONS AND
RESOURCES, LLC
By:
(Signature)
(Printed Name)
(Title)
The foregoing instrument was acknowledged before me this day of July, 2015, by
, as the of Dow
Hydrocarbons and Resources LLC on behalf of Dow Hydrocarbons and Resources LLC.
Notary Public in and for the State of Texas
My Commission Expires:
R:.'KarenTiles%Legat.Deeds & Easements\Dow Easement.City of Baytown easement 20May2015MJY1c1ean.n.f
City of Baytown, Texas - Dow Hydrocarbons and Resources LLC Easement Agreement Page 5
Exhibit "A"
D& W), Doyle & Wachtstetter, Inc
Surveying and Mapping • GPSIGIS
DOW HYDROCARBONS & RESOURCES LLC 0.25 ACRE SURFACE EASEMENT
OUT OF THE WILLIAM BLOODGOOD SURVEY, ABSTRACT NO.5
CHAMBERS COUNTY, TEXAS
ALL THAT CERTAIN 0.25 ACRE tract of land and being the centerline description of a 30 foot permanent
easement lying and situated in Chambers County, Texas and being out of the William Bloodgood Survey, Abstract
No. 5 and being located out of a called 3.494 acre tract being conveyed to the City of Baytown as recorded in
Volume (92)191, Page 287 of the Official Records of Chambers County, Texas, the herein described 0.25 acre
surface easement, hereby conveyed being more particularly described by metes and bounds using survey
terminology which refers to the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the
directions are Lambert grid bearings and the distances are surface level horizontal lengths (S.F: 1.000129918) as
follows:
COMMENCING at a'fi" iron rod found for the Southwest corner of said 3.494 acre tract also being the Northwest
corner of a called 4.307 acre tract conveyed to Niranjan S. Patel, Trustee being recorded in Volume 618, Page 253
of the Official Records of Chambers County, Texas, said Point of Commencement being located at Texas State
Plane Coordinate position X= 3266299.44 and Y= 13860831.59;
THENCE North 77`'27'34 "East, along the common line of said 3.494 acre tract and aforementioned 4.307 acre tract
a distance of 132.14 feet to the PLACE OF BEGINNING of herein described easement at position X- 3266428.43
and Y= 13860860.29;
THENCE North 12 "33'35 "West, along the centerline of herein described 30 foot permanent easement a distance of
367.29 feet to TERMINAL POINT of herein described easement and being located at Texas State Plane
Coordinate position X= 3266348.56 and Y= 13861218.78, said terminal point also being located South
82 128'56 "East, 140.53 feet from a 518" iron rod with aluminum cap found for the Northwest corner of said 3.494
acre tract,
This centerline description total baseline length: 367.29 feet = 22.26 rods more or less.
•••• TERFY SINGLETARY
° 48CF.
Registefed Pr&essioial Land Surveyor 4 yo; �.; °••o ,,
Texas Registered Number 4808 �•` o•. ...... 5 .•s
July 17, 2015,
This description is based on a survey on file in the office of Doyle & Wachtstetter, Inc.
G: IDGNIDOMTXO LHC Pipeline ProjeclUcad FinaW2014 TX- CH- MSR- 377.00.dwg
131 Commerce Street • Clute, Texas 77531 -5601
Phone: 979 -265 -3622 • Fax: 979 -265 -9940 • Email: DW- Surveyor.com
Exhibit "A"
Doyle & Wachtstetter Inc
Surveying and Mapping • GPS /GIS
DOW HYDROCARBONS & RESOURCES LLC 0.28 ACRE SURFACE EASEMENT
OUT OF THE WILLIAM BLOODGOOD SURVEY, ABSTRACT NO.5
CHAMBERS COUNTY, TEXAS
ALL THAT CERTAIN 0.28 ACRE tract of land and being the centerline description of a 30 foot permanent
easement lying and situated in Chambers County, Texas and being out of the William Bloodgood Survey, Abstract
No. 5 and being located out of a called 4.81 acre tract being conveyed to the City of Baytown as recorded in Volume
73, Page 517 of the Official Records of Chambers County, Texas, the herein described 0.28 acre surface easement,
hereby conveyed being more particularly described by metes and bounds using survey terminology which refers to
the Texas State Plane Coordinate System, South Central Zone (NAD83), in which the directions are Lambert grid
bearings and the distances are surface level horizontal lengths (S.F. 1.000129918) as follows:
COMMENCING at a point for the Southwest corner of said 4.81 acre tract and also being located in the North
right -of -way line of Pinehurst Drive, said Point of Commencement being located at Texas State Plane Coordinate
position X= 3266195.00 and Y= 13861306.93;
THENCE South 83 °29'07 "East, coincident with the North right -of -way line of said Pinehurst Drive, a distance of
138.31 feet to the PLACE OF BEGINNING of herein described easement at position X= 3266332.42 and
Y=13861291.24;
THENCE North 12 '33'35 "West, along the centerline of herein described 30 foot permanent easement a distance of
410.08 feet to TERMINAL POINT of herein described easement and being located at Texas State Plane
Coordinate position X= 3266243.24 and Y= 13861691.50, said terminal point also being located South
52 "03'36 "East, 206.64 feet from Northwest corner of said 4.81 acre tract,
This centerline description total baseline length: 410.08 feet = 24.85 rods more or less.
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acre
Regist Pro"ionatUnd Surveyor ��4'oF _ �,�� °•'o
Texas Registered Number 4808 � Q ; -4
July 17, 2015,
This description is based on a survey on file in the office of Doyle & Wachtstetter, Inc.
G. IDGMDOMTXO LHC Pipeline ProjectUcad Finals12014 TX- CH- MSR- 378.01.dwg
131 Commerce Street • Clute, Texas 77531 -5601
Phone: 979 -265 -3622 • Fax: 979 -265 -9940 • Email: DW- Surveyor.com