Ordinance No. 8,107971009 -8
ORDINANCE NO. 8107
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A
VALVE EASEMENT GRANTING CHEVRON PIPE LINE COMPANY THE
AUTHORITY TO CONSTRUCT, MAINTAIN AND OPERATE A MOTOR
OPERATED VALVE ON 0.0034 ACRES OF LAND AT THE GRAY SPORTS
COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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 and
directs the Mayor to execute a valve easement granting Chevron Pipe Line Company the authority
to construct, maintain and operate a motor operated valve on 0.0034 acres of land at the Gray Sports
Complex. A copy of said valve 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 affirmative vote of the City Council of the City
of Baytown this the 9`' day of October, 1997.
/.& ( 4�-
PETE C. ALFARO, Mayor
ATTEST:
EILEEN?. HALL, City Clerk
APPROVED AS TO FORM:
Ji�TKACIO RAMIREZ, , City Attorney
0 OM Ease men t.doc.9
0 VALVE EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
r:
THAT GRANTOR CITY OF BAYTOWN, owner of a tract of land situated in Harris County,
Texas, more fully described in Exhibit "A," for and in consideration of the sum of ONE HUNDRED
FIFTY AND NO 1100 DOLLARS ($150.00} paid by the GRANTEE herein named, the receipt of
which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED and by these
presents does hereby GRANT, SELL and CONVEY unto the GRANTEE CHEVRON PIPE LINE
COMPANY, P.O. Box 4862, Houston, Texas 77210 -4862, a corporation, a valve easement above,
across, and under the real property located in Harris County, Texas, as further described on the exhibits
attached hereto as Exhibit "A" and Exhibit "B," which exhibits are incorporated herein by this
reference for all intents and purposes.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in any wise belonging, together with the rights of ingress and egress
to and from said easement for the purpose of constructing, installing, maintaining, inspecting,
repairing, replacing, operating, protecting, changing the size (or other characteristics) of and removing
a valve or valves and associated apparatus and equipment, including fences and structures to enclose
the same, or any part thereof ( "Valves ") to be used in connection with the existing Pipelines unto the
Grantee, until the Valves shall be abandoned for a period of at least one year. Upon abandonment by
the Grantee, the Grantor may order the Grantee to remove the Valves and associated appurtenances
over, under, across and upon the above - described property. Grantee agrees that it shall comply with
any such order within sixty (60) days; otherwise, the Grantor may remove the same at the Grantee's
sole cost and expense.
The Valves and related appurtenances shall be and remain the sole property of Grantee and
shall not be regarded as fixtures or permanent additions to the freehold.
The Grantee hereby agrees to place such landscape as is reasonably required by the Grantor to
buffer the view of the Valves and appurtenances placed hereunder.
GRANTOR agrees to bind itself and its successors and assigns to WARRANT and FOREVER
DEFEND, unto the said Grantee, its successors and assigns, against every person whomsoever,
lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, Grantor has duly executed and sealed this Agreement the day and
year first above written.
GRANTOR:
CITY OF BAYTOWN
0
Valve Easement, Page I of 2 UHIBIT A
PETE C. ALFARO, Mayor
® STATE OF TEXAS §
COUNTY OF HARRIS §
ACKNOWLEDGEMENT
BEFORE ME, the undersigned authority, on this day personally appeared Pete C. Alfaro, in his
capacity as Mayor of the City of Baytown on behalf of such municipal corporation, the owner of the
above - referenced property, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the instrument for the purposes expressed
therein.
GIVEN UNDER MY, HAND AND SEAL OF OFFICE this day of
, 1997.
GRANTEE'S ADDRESS:
CHEVRON PIPE LINE COMPANY
P.O. Box 4862
Houston, Texas 77210 -4862
RETURN TO GRANTOR:
CITY OF BAYTOWN
OFFICE OF THE CITY ATTORNEY
P. 0. BOX 424
BAYTOWN, TEXAS 77522 -0424
c; klh60 %Enginccring %ValvcE•asement LChevronPi pe Line
Valve Easement, Page 2 oft
Notary Public in and for the State of Texas
C7
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF HARRIS
Owner: City Of Baytown
September 12, 1997
A Proposed Surface Site Extension extending over, through,
along and across a 30 acre tract of land in the E. Schaffer
Survey, Abstract 1224, Harris County, Texas, said tract of
land being further described in Volume 8511, Page 304 of the
Harris County Official Public Records of Real Property, to
which reference is hereby made for all purposes.
The Metes and Bounds description of the above said Proposed
Surface Site Extension is as follows:
COMMENCING at a point at the intersection of the centerline
of an existing Chevron 6" pipeline and the East property
line, as fenced, of the above said 30 acre tract of land,
said point being Northerly along the East property line, a
distance of 201.0 feet from a found 1 1/4" G.I.P. marking
the Southeast corner of said 30 acre tract;
THENCE South 770S1152" West, along the centerline of the
existing Chevron 6" pipeline, a distance of 35.0 feet to the
POINT OF BEGINNING of the herein described Proposed Surface
Site;
THENCE South 12 008'08" East, a distance of 3'.0 feet to a set
1/2" iron rod for the Southeast corner of the Proposed
Surface Site;
THENCE South 77051152" West, a distance of 25.0 feet to a
fence corner, being the Southeast corner of an existing
Chevron surface site and the Southwest corner of the
Proposed Surface Site;
THENCE North 12 °08'08" West, along the East line as
fenced, of said existing surface site, a distance of 6.0
feet to a fence corner, being the Northeast corner of the
existing Chevron surface site and the Northwest corner of
the Proposed Surface Site;
THENCE North 77 051152" East, a distance of 25.0 feet to a
set 1/2" iron rod set for the Northeast corner of the
Proposed Surface Site;
THENCE South 12 008108" East, a distance of 3.0 feet to the
POINT OF BEGINNING and containing 0.0034 acres of land.
0 0A \D0CS \CH8VR0N \851 \8512002_
EXHIBIT "B"
HARRIS COUNTY TEXAS
E. SCHAFFER SURVEY
® A -1 224
REV
CITY OF BAYTOWN
1 I 30 ACRES
I VOLUME 8511, PAGE 304
N.C.O.P.R.R.P.
SEE DETAIL NO. 1
1
S
I EMST. CHEVRON
6" PIPELINE 11 l
I
11
` x-
I x
SET 1/2" IRON R
P.O.C.
201'
x
FND. 1 1/4" G.I.P.
N 77'51'52" E
PROPOSED SURFACE 25.0'
SITE
EXIST. CHEVRON
SURFACE SITE
EXIST. CHEVRON x x 4
6" PIPELINE
x7
S 12*08 *08' E
7�ti•5 �• W
�5 3
It
P.Q.B.
12*0808" E
3.0'
ET 1/2" IRON R00
x
ti
S 77'51'52" W
N 1208'08" W 25.0'
6.0' DESCRIPTION ATTACHED
DETAIL NO. 1 TOTAL ACRES: 0.0034
NTS
F.B. 3099, PGS, 16-18
PROPOSED SURFACE SITE EXTENSION
ACROSS THE CITY OF BAYTOWN
HARRIS COUNTY, TEXAS
N.- 0, Cherraa Pips Lles Co. •• - - -•
O I VJZ
N
DR G&A CH.
DR APP.
ENGR.
DPWE DEPT.
ENG'R. DEPT.
X
C.
8312002_
N
Q
Pipeline Permit Number:
CITY .OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Arco Pipe Line Company
Address:
City:
State:
Zip:
15600 JFK Boulevard, Suite 300
Houston
Texas
77032
Reason for permit:
❑ New Pipeline
❑ Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than
fifty (50) feet from its original position
P_ioeline Origin Point:
Tabbs Bay and Evergreen Road
Pipeline Destination Point:
Bayer Refinery
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which pipeline will run or cross in any
Public Way are depicted in Exhibit "B," which is
• Evergreen Road
attached hereto and incorporated herein for all intents
• Tri- Cities Beach Road
and purposes.
• Tabbs Bay
Description of Pipeline:
• Cedar Bayou
Four inch (4 ") pipeline which will transport ammonia
anhydrous as described in Penrtittee's application
which is made a part hereof for all intents and
purposes by this reference.
This Pipeline Permit, issued by the Director of Engineering and Inspections after having been approved by
the City Council on the 9`s day of October, 1997, grants Permittee the privilege to construct, operate, repair and
maintain the proposed pipeline described in and in accordance with Permittee's application, filed with the Director
of Engineering and Inspections. The issuance of this Pipeline Permit is expressly contingent upon Permittee's
compliance with the applicable standards required by all applicable federal, state and local laws as well as the
regulations contained in Article If of Chapter I I'/4 of the Code of Ordinances of the City of Baytown, Texas, which
are incorporated herein by this reference for all intents and purposes. Furthermore, in consideration of granting this
Pipeline Permit, Permittee has agreed to hold harmless and indemnify the City in accordance with Section 111/4-28
of the same. Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated
hereinbelow.
Issued this the day of , 1997.
HOWARD WELLSPRING
Director of Engineering and Inspections
0 c:t1h60Tmcrgcncy ManagemcnikPipeline Regulatory FormsUNewPipeline.Permit
EXHIBIT A
Permit, Page Solo
Pcr'rrti[ 1lurrlbcr -.
fN,DE1�I1,\.ITY AGREEN1C. 'T
S T. - i. T —z OF TEX..,.S §
COuti-rY'OF:LA_R-pjS
For z- i+� con;On of, Lie Ci,, of £a
rn= r; =zcY IVlzna�e nee 'o« t issue." a iE i :
E and Pr :02f�_,'1 =55, =.t :C[_ "-1
ul:!S" -ar OU5 SUE}S�?nC_S :OL'ICS { ,-
Oi ii COd: "O-
Oi ^: laRC °S Oi ��
is I'�r-bl zC:rtow { ::,g_d 2::d rtctit' -a ARC O r`Q`Lin_�tcn EOE'S:d:ia[lOn and sL'lTlci °ncv w
Seal: �:�: �.lJ ?��•� Can oi]vt
a c -anon
PERAlITTEE :AGREES TO A-ND
g 'kRtiLLESSAND DEFE: \•D, TH1_ CITySI�TS OFf' CEPI`11� BOLD
ENEPLOYEES, COLLECTTN'TLY RrFE S..�GE:�'TS .�,.�'p
�►GA11ST�Y AND ALL CL.�L�IS, LOSSES, D TO L AG�, CA O.tii'.�-�D
ACTIO:Y, SLITS --��rD LLAB11ITY OF EV'ERy USES OF
EkPEr1'SES OF LITIG.�TTON, COURT COSTS, AND ATTOR��E1 S FELL
FOR ENUTTRY TO OR DEATu � ES
.�,11Y PROPER OF•� :tiM. PERS0:1', Ors FOR DA -IMAGE TO
�'t aRISL�`G OUT OE' OR &" Or,
WITH THE
CO�tiSTRUC`I'ION, nZ�L�TE:� °A:\;CE,
REPLACENIE. T, AD.TUST -ME��T OE't RE:�[pti �R�T[O:� R.Ef'.AM,
ALL OF THE PQ'ELI� -E L OF A,.,tiY PART OR
PCR'-[ITTED HERC11', WHERE SUCH
INJURIES, DEATHS OF2 D.�:%I.�GES .ors
CO:N.CURRZN'T :`EGL[G�� CAUSED BY TRC
CC 0^ TH` CITY .�:�D PEr� "1ITTEC
.AND /OR BY T3E JOINT 0I: SOLD
PER:NtITTEE. ITIS THE E\Pr�tSS= ` `�EGLIG& CE OF THE
HERETO, BOTn PEr`�IITTEC �Dp TENT[O:ti 0 F T & E PARTr S
I1'DE:�ZIITY PROVIDED FOR I \' TH[SLP.-�R-k r p � IS THE
l:1'DE�1: \'ITl' BY PEP-',IITTEE TO I\'DC�1:� [I� , A
D£FE,"M T)� C1iM' FROM T3C CO,N'SE PROTECT ' '
01�`lY NEGLIGENCE, �S'FIEr QUIy�CES OF (!) THC CIT�.,S
PERMITTEE'S :;'NEGLIGENCE AR-E COH.�T 'NEGLIGENCE � :�'D
INJURY, DEATH OR CURRI:vG CAUSES OF THE
AND SOLE NEGLIGEI \•[E,�G F; UE:TH ORti(0).FCR111�EE'S JO[: \T
PROVIDED Fpf, IN THIS PARAGRAP[[ ' THC I:ti'DCM:� "1TY
aPPL[C:�TIO: \` TO:11�1� CL.�r:�I, LOS °, SHALL H.��'C �•O
SUIT :�:ti�D Lr:�[;rLIT�� �1•rIEr,C T![[ S.It;r,�C � CAUSE OF ACTION,
RESULTS FRO.�'I THE SOLE NEGLICE CI= OF THC CITY Ut\'jNIII \CI)
WITH THE F:\ULT OF:\:N;1. OT[{Cr; rFRSp.� OR E;l'TITY.
EXHIBIT A
Perrin'( l�Ult]IJCt
Failure of ether '
part' hereto to ms(s, on Eh
ordinance a Qr of the e sE. SCE pe ^or.r:2: i -
r gc cie ienzs Indt~n[ty CO- ,, o Ce of�n of the zjovo.(_•`(vnc` ;
remedies ZCCI -:i:,p :. r,_c ire:_.,�2ooY_
J -• �U:'•.:�' uaC;, �o•z... L,- �� ;(...` - Or e0 IQMS O'
of the right nd c, �_:fCt: -z:a: S:-
o r t0 1r.S15i OR 2 (0 enforce J.• �� a-^ -:2•:� 1!!
sir r OE D� CQhsl.?�:
0011 2 ton here!'ndeC Or J�-''y fe'' r, SEi1C( COm]lt?nC� W
EO eXeCC[Se any ([ahf Of (e OCCL' I(h 0{ ]_
failure Oi pe�Of�T12RC ''-s a resC.1E of 2:1V
r
This A,reei;len( shalt in all r.;aec; �•
govern s be i� �erni e: =d and consErucd in accordance u''
ed by the laws of the Slate of Texts re�� - 1:ri 2.;d
p ,_rdlas of tree place of its CxCCUtion or pc, poi r,znce.
The face Ofmz ng 2.-Id the ol2ce Ofper:ormance for EN bui�OS:S 5,]211 be
^Ll (Jai -�:_s a�re� IGC $irOL'IGr
t 2 �:J':iSiQ' QE .. .
uneilforce :: ::5 . .gi et'' ="1E 0,2 de(�rr:ltRed i0 b= !i.'.'211d
2b1e SUCrI dete :,min2ilOR 5i2llrCQt 2+;e[( 2 1f O'
continue in full force and e = o(ner tern of this Ag,ce n_,t which shall
tt_ct.
The ogle,,, etie '
CU[I Q (his ^r e
Officers have ti111 at,,thor' A, _m =nE on oe ;21f 0 %the pa „ies here epr_
Ity to xccu(e (h1S S're_ leR� 2:1a t0 r,' 0�I r sC•1E [n_ such
btn, .ih� D2riy hPlSh� rzDr�SC
SIG1NFED tiffs day Of
199.
P_EFZ 1lTT£E:
ARCO Pi ?e Line COmDanv
P
_t
SI }-12iL r° Ot .11 tf10C1ztd QiIC°.r
Pamela W. Allen
riii_d lNaril_
Attorney- in_fact
40 Itt ^nr I.It• A..
•
• fxwair E
I
r�
I
I
S
\ ri i- 1
...
CL-
a 't rr
u�"p 'tea 9 s.. -anit r
r: � •'• �� � �q fir-/
s ate= _ � 0 9 •� + �%J
: a ,,, ;, •rte •
`5 1
ee
s
` �Ola• M !li I