Ordinance No. 13,982ORDINANCE NO. 13,982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF
WAY GRANT TO EXXONMOBIL PIPELINE COMPANY FOR A PIPELINE
EASEMENT INVOLVING 0.07710 ACRES OF LAND; 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 subject to the receipt of SEVEN THOUSAND THREE HUNDRED
AND N0/100 DOLLARS ($7,300.00) from ExxonMobil Pipeline Company, the City Council of
the City of Baytown, Texas, hereby authorizes the City Manager to execute a Right of Way
Grant to ExxonMobil Pipeline Company for a pipeline easement involving 0.07710 acres of
land. A copy of said grant is attached hereto as Exhibit "A," and incorporated herein 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 affirmative vote of the City Council of the
City of Baytown this the 10th day of January, 2019.
HEAT -HER BETANCOURTH, Mayor Pro Tem
ATTEST:
L TI IA BRYSCH, dfty Clerk `hn,r
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APPROVED AS TO FORM:
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N7=CIO SR., > Attorney
COBFSOI',Legal\Karem•Files'•City Council%Ordinances\2019Vanuary IOlExxonMobilPipelineGrant.doc
Exhibit "A"
RIGHT OF WAY GRANT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THAT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other
good and valuable consideration paid to the undersigned owner, the receipt of which is hereby
acknowledged, the undersigned hereby grant to: ExxonMobil Pipeline Company, a Delaware
corporation whose address is P.O. Box 9677, Spring, Texas 77387-6677 (hereinafter called
"Grantee"), a nonexclusive right of way, to lay, construct, maintain, operate, replace, protect,
repair, change the size of, and remove one pipeline, not to exceed 24 inches in diameter, for the
transportation of oil, gas, water, petroleum products, or any other liquids, gases, or substances
which can be transported through a pipeline, with all incidental equipment, which incidental
equipment does not interfere with Grantor's use of its property as determined in the sole discretion of the
Grantor, for the operation of the pipeline, on, over, and through the following described lands,
situated in Harris County, Texas, to wit:
A nonexclusive right of way, which shall be subject to all other existing easements,
exceptions, reservations of rights, and encumbrances either of record or evidenced physically on
Grantor's premises, fifty (50) feet in width upon described land below:
0.7710 acres of land, more or less, being Lot 1, Block 1, of the Navarre Robbins Minor Plat,
situated in the William Hilbus Survey, A-336, Harris County, Texas, per map or plat thereof
recorded in Volume 644, Page 167, Map Records, Harris County, Texas, less and except any
conveyances heretofore made. (MOOR -HA -116. 000)
and more particularly described as approximately indicated on Exhibit A attached hereto and made
a part hereof together with the right of ingress and egress to and from said pipeline along said
right of way (or other route approved in advance by Grantor) for the purposes herein granted,
subject to the provisions hereof.
TO HAVE AND TO HOLD said right of way unto Grantee, its successors and assigns, for
so long as said right of way is used for the purposes stated above. Grantee agrees that if Grantee
should abandon or cease to use the right of way and pipeline for the purposes herein granted for
a period of twenty-four (24) consecutive months or longer, the rights herein granted shall
terminate and shall revert to Grantor, its successors or assigns without the necessity of Grantee
executing a conveyance or release of same; and Grantee, at its sole expense, shall within six (6)
months following such abandonment, remove the abandoned pipe and restore the land to its
original condition; provided, however, that in such event that Grantee fails to remove the
pipeline and restore said land within the time provided, Grantor may, in its sole discretion and at
Grantee's sole expense, remove the pipeline and restore the land.
Right of Way Grant, Page 1
It is distinctly understood and agreed that this grant of a right of way does not constitute a
conveyance of any part of the land above-described nor of the minerals therein and thereunder,
but grants only the right of way as above provided. The right of way herein granted is without
any warranty of title, expressed or implied.
Grantor retains for itself, its successors and assigns the right to use the right of way for
any purpose and in any manner, including the right to construct or permit others to construct
other pipelines alongside of and adjacent to Grantee's pipeline, the right to cross or to permit
others to cross under or over Grantee's pipeline with pipelines, roads, streets, water lines, sewer
lines and other utilities or facilities so long as (i) such use does not create an unsafe condition,
(ii) such use does not unreasonably interfere with the rights of Grantee hereunder, (iii) Grantee is
notified prior to any construction affecting the right of way, and (iv) any facilities constructed are
constructed in accordance with all applicable safety standards.
Grantee's pipeline shall be designed, constructed, tested, operated and maintained in
accordance with applicable safety rules and regulations published by federal and/or state
regulatory agencies having jurisdiction. If no such government safety rules apply, then
applicable industry standards and practices shall be complied with. Upon request from Grantor,
its successors or assigns, Grantee will provide written certification that the pipeline was so
designed, constructed and tested and is being so maintained and operated.
Grantee agrees to bury said pipeline constructed hereunder to a depth of at least thirty-six
(36) inches below the surface of the ground at the time of construction. Grantee further agrees to
pay for any damage to Grantor's real and/or personal property that may result from the Grantee's
exercise of any of the rights and privileges hereby granted.
Grantee agrees to give Grantor forty-eight (48) hours' notice prior to entry upon Grantor's
property for any purpose. In the event of an emergency, Grantee shall notify Grantor as soon as
reasonably practicable of Grantee's need to enter Grantor's property. Grantee agrees that, after
commencing construction, it will pursue the work diligently to effect prompt completion of the
pipeline and following the construction or repair of its pipeline, it will restore the surface of the
land affected thereby, as nearly as is practicable to the condition in which it existed prior to such
construction or repair.
Grantee shall not transport in the pipeline covered by this right of way any product,
material or substance, unless it can be safely transported in the pipeline as designed, constructed,
tested and maintained; and its use for such purpose violates no state, local or federal laws or
regulations governing the design, construction, testing and operation of pipelines for the
transportation of such product, material or substance.
GRANTEE HEREBY ASSUMES ALL LIABILITY FOR AND
AGREES TO PAY FOR ALL DAMAGES, INCLUDING
ENVIRONMENTAL DAMAGES, TO ALL PROPERTY OF ANY NATURE
AND KIND, AND ALL LOSSES RESULTING FROM SUCH INJURIES,
DEATH AND DAMAGES ARISING OUT OF THE CONSTRUCTION,
Right of Way Grant, Page 2
OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT,
REMOVAL, EXISTENCE AND USE OF SAID PIPELINE. GRANTEE
SHALL INDEMNIFY, DEFEND AND HOLD THE GRANTORS
HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, DEMANDS,
CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, TYPE,
AND CHARACTER, INCLUDING ANY ARISING UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION
AND LIABILITY ACT AND OTHER APPLICABLE FEDERAL AND
STATE AND ENVIRONMENTAL LAWS, ARISING OUT OF OR
ASSOCIATED WITH THE USE OF THIS RIGHT OF WAY AND OF THE
RIGHTS GRANTED HEREIN, WHICH ARE ASSERTED BY ANY
PERSON OR ENTITY, FOR PERSONAL INJURY, DEATH OR LOSS OF
OR DAMAGE TO PROPERTY RESULTING FROM THE NEGLIGENCE
OR WILLFUL MISCONDUCT OF THE GRANTEE. WHERE PERSONAL
INJURY DEATH, OR LOSS OF OR DAMAGE TO PROPERTY IS THE
RESULT OF NEGLIGENCE OR WILLFUL MISCONDUCT BY BOTH
GRANTOR AND GRANTEE, THE GRANTEE'S DUTY OF
INDEMNIFICATION SHALL BE IN PROPORTION TO ITS ALLOCABLE
SHARE OF FAULT.
In the event of release of contamination on Grantor's land from Grantee's pipeline or
from equipment used by or for the benefit of Grantee, regardless of the cause of circumstances
of such release, Grantee shall immediately notify Grantor of such release. Grantee agrees to
remove such contamination and to restore the surface of the land to the condition in which it
existed prior to such release.
The rights granted herein shall not be assigned by Grantee without the prior written
consent of Grantor, which consent shall not be unreasonably withheld, conditioned or
delayed. Any purposed assignment made without the prior written consent of Grantor is void.
The obligations undertaken by Grantee hereunder shall be deemed covenants running
with the land.
The undersigned owners certify under oath and subject to penalties of perjury that the
undersigned owners are not foreign persons.
This Grant may be executed in counterparts and as so executed shall constitute one
Agreement binding on all parties hereto, notwithstanding that all the parties have not signed the
original or the same counterpart.
[Signature pages to follow]
Right of Way Grant, Page 3
IN WITNESS WHEREOF, we have hereunto set our hands this day of 20
GRANTOR: City of Baytown
By (Signature):
Name (Print):
Title:
Date:
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 20 , by
, as , of City of
Baytown on behalf of said municipal corporation.
NOTARY PUBLIC
My commission expires:
GRANTOR'S ADDRESS:
City of Baytown
Attn: City Clerk
P.O. Box 424
Baytown, TX 77522
Right of Way Grant, Page 4
IN WITNESS WHEREOF, we have hereunto set our hands this day of 20
GRANTEE: ExxonMobil Pipeline Company
By (Signature):
Name (Print): Matthew Horneman
Title: Agent and Attorney in Fact
Date:
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on , 20 , by
Matthew Horneman , as Agent and Attorney in Fact of
ExxonMobil Pipeline Company on behalf of said corporation.
NOTARY PUBLIC
My commission expires:
RETURN TO GRANTEE:
ExxonMobil Pipeline Company
P.O. Box 9677
Spring, Texas 77387-6677
RAKarenTilesTontractAExxon Right of Way\MOOR-HA-116.000 ROW Grant (Clean 12-9-18 SED dws 12-14-2018)12272018.docx
Right of Way Grant, Page 5
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