Ordinance No. 2,229ORDINANCE NO. 2229
7533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE AQUISITION OF A RIGHT OF WAY FOR
A 16 -INCH WATER LINE ACROSS LAND OWNED BY EXXON CORPORATION;
AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE
AND NO /100 ($1.00) DOLLAR; DIRECTING THE MAYOR TO
EXECUTE THE INSTRUMENTS GRANTING RIGHT OF WAY TO THE
CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes the acquisition from Exxon Corporation
of a right of way for the purpose of laying, constructing,
maintaining, operating, replacing, and removing a 16 -inch-
diameter water line pursuant an agreement, which is attached
hereto marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: That payment to the said Exxon Corporation
in the amount of One and No /100 ($1.00) Dollar is hereby
authorized and directed.
Section 3: That the Mayor is hereby authorized and
directed to execute the instruments acquiring such right of
way.
Section 4: That this ordinance shall take effect from
and after its passage by the City Council of the City of
Baytown, Texas.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown this 12th day of
May 1977.
TOM GENTR , Mayor
ATTEST:
RILEEN P--.-- HALL, City Clerk
APPROVED:
NEEL I HARDSON, City Attorney
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E X H I B IT "A"
7535
THE STATE OF TEXAS File 57250
Y
COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS:
THAT Exxon Corporation, a New Jersey corporation with -an office in Harris
County, Texas, hereinafter called "Grantor," for and in consideration of the sum of
One Dollar ($1.00) and other valuable considerations in hand paid to it by The City
of Baytown, the receipt of which is hereby acknowledged, does grant, bargain, sell
and convey unto The City of Baytown, hereinafter called "Grantee," a right of way
and easement for the purpose of laying, constructing, maintaining, operating,
altering, replacing and removing a 16 -inch- diameter pipeline for the transportation
of water on, over or across the following described land in Harris County, Texas:
Exxon's Baytown Refinery properties in the William Scott
Upper League, Abstract 66. The center line of said right
of way is described by metes and bounds in Exhibit A attached
hereto and made a part hereof.
together with the right of ingress and egress for all purposes incident to this grant.
TO HAVE AND TO HOLD said right of way unto Grantee for the purposes stated above;
and upon removal of the pipeline or abandonment thereof, this grant shall terminate
and be of no further force and effect.
Grantor retains for itself, its successors and assigns the right fully to use
and enjoy said premises, except to the extent that it may be necessary for Grantee
to use them for the purposes stated above; provided, however, Grantor reserves for
itself, -its successors and assigns the right to cross said pipeline with roads,
streets, railroads, water lines, sewer lines, drainage ditches or structures, and
other utilities or facilities, and by the acceptance hereof Grantee agrees that
should the pipeline constructed hereunder interfere with said roads, streets, rail-
roads, water lines, sewer lines, drainage ditches or structures and other utilities
or facilities, Grantee shall, at its cost, install any necessary conduits or casing
and raise or lower its pipeline so as not to interfere with such roads, streets,
railroads, water lines, sewer lines, drainage ditches or structures, or other utili-
ties or facilities.
It is understood and agreed that this is not a conveyance of land affected
hereby or of any interest in the oil, gas and other minerals in, on or under the land
but is a grant solely of the right of way described above. This grant is made subject
to all applicable, valid laws, ordinances, easements, rights of way, restrictions,
reservations or covenants, either of record or evidenced by improvements upon the
land.
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Grantee understands that there are numerous pipelines, ducts, conduits, roads
-and other improvements belonging to Grantor or to third parties in the ground across
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or in the immediate vicinity of the easement herein granted and Grantee binds and
obligates itself to exercise care in installing its pipelines so that such improve-
ments will not be injured or damaged.
It is understood that the easement herein granted is located on property used
by Grantor or its subsidiaries as a site for its refinery and chemical plant at
Baytown, Texas and there are certain hazards and dangers incident to the operation
within the industrial area. Accordingly, Grantee shall take all precautions proper
under the circumstances to prevent injury or death to persons or damage to property
and this grant is specifically made subject to the following conditions:
(1) Grantee shall not go upon or let its-agents, employees or
contractors go upon said refinery or chemical plant property
without notifying the head of Exxon's Purchasing Department
at the Baytown Refinery of (a) the time such entry will be
made; (b) the purpose for which such entry shall be made
and the length of time it will take to accomplish such
purposes, and (c) the specific place where such person will
go. Such notice is to be given at least seven days prior to
entering except in the case of emergency, and
(2) Grantee shall comply and shall require its agents, employees
and contractors to comply with all safety, plant protection
and traffic rules and regulations and all amendments that may
be made thereto (provided that Grantee receives notice of any
such amendments) applicable on said refinery or chemical plant
properties to independent contractors and their employees and _
to other non -Exxon personnel. Current copies of such rules
and regulations shall be available to Grantee at Exxon's
Mechanical Department in Baytown.
(3) Grantee agrees that any construction contract let by the City
of Baytown with regard to the construction of facilities installed
or to be installed within this easement will contain a require-
ment that contractor will furnish for Exxon Corporation contingent
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or protection liability and property damage insurance, either by
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separate policy or by naming Exxon as a co- insgred in any other
such policy that satisfies the provisions of this requirement,
such insurance to specifically insure Exxon Corporation against
the loss of and /or damage to its properties and to be in the
amounts of coverage as follows: (a) public liability insurance -
$200,000 -for injury to one person and $500,000 for one accident
and (b) property damage insurance - $100,000 per accident. Such
insurance coverage will be placed into effect before any of the
work described in this contract is commenced and will 4e maintained
in effect until such work is completed.
This grant is made without warranty of title, either express or implied.
EXECUTED the r: day of 1977.
ATTEST: EXXON CORPORATION
By By
VICE PRA SIDEITT
THE CITY OF BAYTOWN
By.
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, on this day personally appeared
1,D. DRM -STLMT known to me to be the person whose name is subscribed to the
foregoing instrument as VICE MSIDENT of Exxon Corporation, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed
and as the act and deed of said Exxon Corporation.
rt1k
Given under my hand and seal of office this the a day of 1977.
Notary Public in and for
Harris County, Texas
EDi i 1 E. rRiCK
Notary Publb; in snd for Harris Coun!y, Texas
My Commission Expiras ,iune 1,1.9.7_7
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• - 7538
THE STATE OF TEXAS -
COUNTY OF HARRIS �
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to
the foregoing instrument as Mayor of The City of Baytown, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed
and as the act and deed of said City of Baytown.
• Given under my hand and seal of office this the day of 1977.
Notary Public in and for
Harris County, Texas
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FIELD NOTES: A CEiiTERLINE L %1#J1E::i FG-, A 16- I':C11 :.'. "..ER LiI::: FOR THE
CITY OF GAY0:4614 • i 11ROUG11 THE EXXON BAY i OWN RCFII:ERY
BEGITIUMG at a point in the Northeast right -of -way line.of Bayvray
Drive, said point having coordinates based on the Baytown Refinery
coordinate system of N 4859.605 and W 8979.896;
THENCE with a• curve to the left having a radius of 7.26.052 feet,
a curvilinear distance of 829.788 feet to a Point of Tangency
having coordinates of N 4769.990 and W 8199.666;
THENCE North 630 48' 40" East a distance of 147.909 feet to a
point of curvature having coordinates of N 4835.267 and W 8066.941;
THENCE with a curve to the right having a radius of 1586.929 feet,
a curvilinear distance of 609.891 feet to a Point of Tangency,
having coordinates of N 4993.976 and W 7481.943;
THENCE North 85° 49' 52" East a distance of 686.299 feet to a
point of intersection, having coordinates of 14 5043.867 and
W 6797.460;
THENCE North 85° 21' 01" East a distance of 483.347 feet to a
point of intersection, having coordinates of N 5083.049 and
W 6315.704; .
THENCE North 89° 57' 28" East a distance of 3170.677 feet to a
point of intersection, having coordinates of N 5085.380. and '
W 3145.028;
THENCE ?forth 890 57' 35" East a distance of 426.766 feet to a
point of curvature, having coordinates of N 5085.680 and.
W 2718.262;
THENCE with a curve to the right having a radius of 618.659' feet,
a curvilinear distance of 174.900 feet to a Point of Tangency,
having coordinates of N4 5061.242 and W 2545.665;
THENCE South 730 50' 32" East a distance of 1118.901 feet to a point
of curvature, having - coordinates of N 4749.869 and W 1470.963;
THENCE with a curve to the left having a radius of 705.000 feet, `
a curvilinear distance of 137.021 feet to a Point of Tangency, having. ,
coordinates of N 4724.727 and W 1336.488;
THENCE South 84° 58' 41" East a distance of 312.439 feet to a point
in the West right -of -way line of Harbor Street, said point having
coordinates of N 4697.377 and W 1025.248.
EXHIBIT "A"