Ordinance No. 9,04120001109 -12
ORDINANCE NO. 9041
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING AN EASEMENT FROM EXXON MOBIL
CORPORATION AND SOUTHWEST RESOURCE CREDIT UNION FOR
THE PURPOSE OF RELOCATING THE CITY OF BAYTOWN' S EXISTING
16 -INCH WATERLINE ALONG SPUR 330 TO A MORE SUITABLE
LOCATION; AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE SUCH EASEMENT; 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 (the "City "), hereby
accepts an easement from Exxon Mobil Corporation and Southwest Resource Credit Union for
the purpose of relocating the City's existing 16 -inch waterline along Spur 330 to a more suitable
location and authorizes and directs the Mayor to execute such easement. A copy of this
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, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 9th day of November, 2000.
PETE C. ALFARO, Mayor
ATTEST:
GANY W. SMITH, ity Clerk
APPROVED AS TO FORM:
0 4AeC�
7�R rney
cAMyDocuments \Counci1\00 -01 \ November \AcceptEasementFromExxon &S WRCU
0 Consulting R/W File No. 87493
NON - EXCLUSIVE PIPELINE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT EXXON MOBIL CORPORATION, a New Jersey corporation, hereinafter called
"Grantor", (being the owner of all or portions of the lands covered and affected hereby or having the
right to assign or convey the easement herein granted as to such lands), for and in consideration of
TEN AND NO /100 DOLLARS ($10.00) and other valuable considerations, the receipt of which is
hereby acknowledged, does hereby grant unto the CITY OF BAYTOWN, a political subdivision of
the State of Texas, hereinafter called "Grantee ", the right to construct, maintain, operate, repair, and
remove a pipeline for the transportation of water on, over, and through the following described
properties in Harris County, Texas:
See Exhibit "A" attached hereto and made a part hereof;
Together with the right of ingress and egress over and across Grantor's lands for all purposes
incident to this grant.
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, inspecting, repairing, maintaining
and removing utility lines and structures, including other utilities, unto the said CITY OF BAYTOWN,
its successors and assigns forever. Said grant being subject to the following two conditions:
(a) Grantor reserves the right unto itself, its grantees, successors, and assigns to
moss Grantee's pipeline with pipelines, roads, streets, railroads, drainage ditches, or structures,
water lines, sewer lines, and other utilities or facilities, provided that, subject to the later provisions
hereof, such use does not unreasonably interfere with the rights of Grantee hereunder. Where
Grantor's exercise of this right results in costs to alter or remove any pipelines, roads, streets,
railroads, drainage ditches, or structures, water lines, sewer lines, and other utilities or facilities, said
cost is to be born by Grantor. The decision as to whether removal /alteration of any pipeline, road,
street, railroad, drainage ditch, or structure, water line, sewer line, and other utilities or facilities from
the easement is required shall rest solely with the city of Baytown.
(b) Subject to, and consistent with the obligations of Grantor outlined above in
condition (a), Grantor reserves the right to use the pipeline easement in any manner so long as such
use does not unreasonably interfere with the rights of Grantee hereunder, including, but not limited
to, the right to construct other pipelines parallel and adjacent to Grantee's pipeline and the right to
grant such rights to other parties.
The term "Grantee" as used herein shall be defined as being any employee,
agent, representative, contractor, or subcontractor of Grantee. Grantee shall not perform any
work on Grantor's premises while under the influence of alcohol or any controlled substance.
® Grantee shall not use, possess, distribute, or sell alcoholic beverages, illicit or unprescribed
controlled drugs, drug paraphernalia, or misuse legitimate prescription drugs while performing
® work on Grantor's premises. Grantee may be removed from Grantor's premises any time there
is reasonable suspicion of alcohol /drug use, possession, or impairment and at any time an
incident occurs where drug or alcohol use could have been a contributing factor, and Grantor
may, upon first obtaining Grantee's consent, search the person, possessions, and vehicles of
Grantee on premises owned or controlled by Grantor. Any person who refuses to cooperate
with such search will be removed from the premises by Grantor and Grantor will not allow said
person to return. Grantee will comply with all applicable federal, state, and local drug and
alcohol related laws and regulations (e.g., Department of Transportation regulations,
Department of Defense Drug -Free Work Force Policy, Drug -Free Workplace Act of 1988).
Grantee agrees not to possess firearms, explosives, and/or weapons on Grantor's property
without prior written authorization from Grantor. Grantor may, upon first obtaining Grantee's
consent, search the person, motor vehicle, and other property of each individual entering, on,
or departing Grantor's property. Persons found to be in violation of this policy or refusing to
submit to search where cause exists to suspect the possession of firearms, explosives, and/or
weapons may be removed from the premises and denied future entry.
C7
This is not a conveyance of the land described herein or of the minerals herein
and thereunder, but grants only the rights provided above. The rights granted herein are
expressly subject to all applicable, valid, and existing laws, ordinances, regulations, easements,
restrictions, rights -of -way, conditions, exceptions, reservations, and covenants of whatsoever
nature either of record or evidenced by improvements on or upon the ground along said pipeline
easement.
The rights granted herein shall not be assigned by Grantee without prior written
consent of Grantor.
The obligations undertaken by Grantee hereunder shall be deemed covenants
running with the land.
GRANTOR agrees to bind itself, its successors and assigns to WARRANT and
FOREVER DEFEND, the said premises unto the said CITY.OF BAYTOWN, its successors and
assigns, against every person whomsoever, lawfully claiming or to claim the same or any part
thereof.
EXECUTED in duplicate originals on the dat below tie signature lines
hereinafter set forth, but made effective the , day of , 2000.
EXXON! OBIL CORPORATION
By•�
t eph n P. Hart
Attorney -in -Fact
FJ
Date: 1/ r % - G� L
® CITY OF BAYTOWN
v
By: 'P''2.,.'ti -
Name: Monte Mercer
Title: City Manager
Date:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on %CC���
by Stephen P. Hart, Attorney -in -Fact of EXXON MOBIL CORPORATION, a New Jersey'
Corporation, on behalf of said corporation.
Notary blic, Sta
oti,ar po J; „Y PRASEK
: _ Y PUBLIC
!'
THE STATE OF TEXAS § r:
of Texas
11-04 -2002
COUNTY OF HARRIS §
This instrument was acknowledged before me on November 10, 2000 by
Monte Mercer I City Manager of the City of Baytown, a political
subdivision of the State of Texas, on behalf of said city..
&00''�NE•R Y tart' ublic, State exas
.,o��Rr PG.. :4G
\1HOEOSD �F b�tESD edet yi�k4ec. Proj. Instrum \Cons. R -W file 87493 - pipeline easement -city of
e
OF
� �. c�',.P�RES .•'••• `���
�������i.���2.. �Q1.�������
3
® EXHIBIT A
FIELD NOTE DESCRIPTION
CITY OF BAYTOWN
20 FEET WIDE WATERLINE EASEMENT
EXXONMOBIL FEE NO. 2752
Being an easement 20 feet in width for the purpose of laying a 16 inch City of Baytown water line.
The easement being parallel with and extending north along the north right -of -way line of Spur 330
known also as Decker Drive ), said easement being over and across a portion of that 1466.44 acre
tract of land conveyed to Humble Oil and Refining Company ( now known as ExxonMobil
Corporation ) by Deed recorded in Volume 435, Page 413, of the Deed of Records of Harris County,
Texas, said 1466.44 acre tract of land being out of the William Scott Upper League, A -66; said
easement being described as follows.
Commencing at a point for the most southerly comer of a 35.349 acre residue tract, being a partition
of the above said 1466.44 acre tract, said point being on a curve to the left on the existing
northeasterly right -of -way line of Decker Drive ( width varies ), having a radial bearing of North 52
Deg. 16 Min. 08 Sec. East, said point is 163.80 feet left of centerline station 266 +57.39 ( as per 1990
right -of -way drawing), from which a concrete monument found bears South 29 Deg. 13 Min. 32 Sec.
East, a distance of 12.80 feet; thence as follows;
THENCE, northwesterly, along said curve to the left, having a Radius of 2864.79 feet, a Delta
Angle of 3 Deg. 37 Min. 43 Sec., a Arc length of 181.42 feet to a five- eighths iron rod, said point
being set by the State Department of Highway and Public Transportation, and having Texas State
Plane Coordinates of X= 3,272,562.28 and Y= 719,901.60, all bearing and coordinates are based on
the Texas State Plane Coordinate System, South Central Zone; all distances and coordinates are
surface and may be converted to grid by multiplying by a combined scale factor of 0.999870;
THENCE, North 36 Deg. 13 Min, 14 Sec. East, 170.18 feet to a five- eighths iron rod for the
POINT OF BEGINNING of said 20 feet wide easement, said point also being the point of a curve to
the left;
THENCE, with said curve to the left having a Radius of 1024.43 feet, a Delta Angle of 25 Deg. 20
Min. 07 Sec. and a length of 452.99 feet to a five- eighths iron rod for a point of tangent;
THENCE, North 61 Deg. 32 Min. 31 Sec. West, 234.11 feet to a five- eighths iron rod, said point
being a point on a curve to the left;
THENCE, with said curve to the left having a Radius of 2864.79 feet, a Delta Angle of 2 Deg. 41
Min. 07 Sec. , a length of 134.28 feet to a point of tangent;
THENCE, North 58 Deg. 22 Min. 21 Sec. West, 169.95 feet to a point, said point being the
POINT OF ENDING of said 20 feet wide easement, said point also being the southeast corner of a
2.500 acre tract conveyed from Exxon Corporation ( now known as ExxonMobil Corporation ) to the
Humble Credit Union ( now know as Southwest Resource Credit Union ) , recorded in the Harris
County Deed Records, Harris County, Texas, Volume 8192, Page 298, William Scott Upper League,
is A -66, said point also having ExxonMobil Baytown Grid Coordinates of North 14,446.23 and West
2,300.00.
4
® Consulting R/W File No. 87493
NON - EXCLUSIVE PIPELINE EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT SOUTHWEST RESOURCE CREDIT UNION, a Texas corporation, hereinafter
called "Grantor ", (being the owner of all or portions of the lands covered and affected hereby or
having the right to assign or convey the easement herein granted as to such lands), for and in
consideration of TEN AND NO /100 DOLLARS ($10.00) and other valuable considerations, the
receipt of which is hereby acknowledged, does hereby grant unto the CITY OF BAYTOWN, a
political subdivision of the State of Texas, hereinafter called "Grantee ", the right to construct,
maintain, operate, repair, and remove a pipeline for the transportation of water on, over, and through
the following described properties in Harris County, Texas:
See Exhibit "A" attached hereto and made a part hereof;
Together with the right of ingress and egress over and across Grantor's lands for all purposes
incident to this grant.
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, inspecting, repairing, maintaining
and removing utility lines and structures, including other utilities, unto the said CITY OF BAYTOWN,
its successors and assigns forever. Said grant being subject to the following two conditions:
(a) Grantor reserves the right unto itself, its grantees, successors, and assigns to
cross Grantee's pipeline with pipelines, roads, streets, railroads, drainage ditches, or structures,
water lines, sewer lines, and other utilities or facilities, provided that, subject to the later provisions
hereof, such use does not unreasonably interfere with the rights of Grantee hereunder. Where
Grantor's exercise of this right results in costs to alter or remove any pipelines, roads, streets,
railroads, drainage ditches, or structures, water lines, sewer lines, and other utilities or facilities, said
cost is to be born by Grantor. The decision as to whether removal /alteration of any pipeline, road,
street, railroad, drainage ditch, or structure, water line, sewer line, and other utilities or facilities from
the easement is required shall rest solely with the city of Baytown.
(b) Subject to, and consistent with the obligations of Grantor outlined above in
condition (a), Grantor reserves the right to use the pipeline easement in any manner so long as such
use does not unreasonably interfere with the rights of Grantee hereunder, including, but not limited
to, the right to construct other pipelines parallel and adjacent to Grantee's pipeline and the right to
grant such rights to other parties.
The term "Grantee" as used herein shall be defined as being any employee,
agent, representative, contractor, or subcontractor of Grantee. Grantee shall not perform any
work on Grantor's premises while under the influence of alcohol or any controlled substance.
Grantee shall not use, possess, distribute, or sell alcoholic beverages, illicit or unprescribed
controlled drugs, drug paraphernalia, or misuse legitimate prescription drugs while performing
EXHIBIT A
® work on Grantor's premises. Grantee may be removed from Grantor's premises any time there
is reasonable suspicion of alcohol /drug use, possession, or impairment and at any time an
incident occurs where drug or alcohol use could have been a contributing factor, and Grantor
may, upon first obtaining Grantee's consent, search the person, possessions, and vehicles of
Grantee on premises owned or controlled by Grantor. Any person who refuses to cooperate
with such search will be removed from the premises by Grantor and Grantor will not allow said
person to return. Grantee will comply with all applicable federal, state, and local drug and
alcohol related laws and regulations (e.g., Department of Transportation regulations,
Department of Defense Drug -Free Work Force Policy, Drug -Free Workplace Act of 1988).
Grantee agrees not to possess firearms, explosives, and /or weapons on Grantor's property
without prior written authorization from Grantor. Grantor may, upon first obtaining Grantee's
consent, search the person, motor vehicle, and other property of each individual entering, on,
or departing Grantor's property. Persons found to be in violation of this policy or refusing to
submit to search where cause exists to suspect the possession of firearms, explosives, and /or
weapons may be removed from the premises and denied future entry.
n
This is not a conveyance of the land described herein or of the minerals herein
and thereunder, but grants only the rights provided above. The rights granted herein are
expressly subject to all applicable, valid, and existing laws, ordinances, regulations, easements,
restrictions, rights -of -way, conditions, exceptions, reservations, and covenants of whatsoever
nature either of record or evidenced by improvements on or upon the ground along said pipeline
easement.
The rights granted herein shall not be assigned by Grantee without prior written
consent of Grantor.
The obligations undertaken by Grantee hereunder shall be deemed covenants
running with the land.
GRANTOR agrees to bind itself, its successors and assigns to WARRANT and
FOREVER DEFEND, the said premises unto the said CITY OF BAYTOWN, its successors and
assigns, against every person whomsoever, lawfully claiming or to claim the same or any part
thereof.
EXECUTED in duplicate original�} the dat elow the igna ure lines
hereinafter set forth, but made effective the aday of , 2000.
2
SOUTHWEST RESOURC /aEDIT UNION
By:
J. Hal Thomas
;resident /CEO
Date:
ffiIBIT A
FIELD NOTE DESCRIPTION
CITY OF BAYTOWN
20' WIDE WATER LINE EASEMENT
SOUTHWEST RESOURCES CREDIT UNION
Being an easement 20 feet in width for the purpose of laying a 16 inch City of
Baytown water line. The easement being parallel with and extending north
along the right of way of Spur 330 ( known as Decker Drive), said easement
being over and across a 2.500 acre tract conveyed to Exxon Baytown Credit
Union ( now known as Southwest Resources Credit Union) by Exxon
Corporation ( now known as ExxonMobil Corporation ), October 27, 1970,
recorded in Harris County Deed of Records, Harris County, Texas, Volume
8192, Page 298, Abstract No. 66, Harris County, Texas, and being out of the
William Scott Upper League; said easement being described by metes and
bounds as follows:
Beginning at the south east corner of said 2.500 acre tract, said point being in
the north right -of -way line of Spur 330, for the POINT OF BEGINNING, said
point having Texas State Plane Coordinates of X = 3,271,971.46 and Y = 720,
445.96, all bearing and state coordinates are based on the Texas State Plane
Coordinate System, South Central Zone, said point also having Exxon -Mobil
Baytown Refinery Grid Coordinates of North 14,446.23 and West 2300.00;
THENCE, North 31 Deg. 13 Min. 25 Sec. East, 20.00 feet along east line of
said 2.500 acre tract, to a point;
THENCE, North 58 Deg. 46 Min. 35 Sec. West, 207.00 feet parallel the
north right -of way -line of Spur 330, to a point;
THENCE, South 31 Deg. 13 Min. 25 Sec. West, 20.00 feet to a point, said
point being in the north right -of -way line of said Spur 330;
THENCE, South 58 Deg. 46 Min. 35 Sec. East, 207.00 feet to the POINT
OF BEGINNING of said easement and containing 0.0950 acres of land more
or less.
1-1
CITY OF BAYTOWN
By:
Name: Monte Mercer
Title: City Manager
Date: November 10, 2000
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on zoz �
by J. Hal Thomas, President /CEO of SOUTHWEST RESOURCE CREDIT UNION, a Texas
Corporation, on behalf of said corporation.
ANGELYN M-. ASH
Notary PuNc, State of Teo m
iAt MSW0n Expires 05109!02
THE STATE OF TEXAS §
COUNTY OF HARRIS §
/ // 1, /4�1
Notary P lic, State of Texas
This instrument was acknowledged before me on November 10, 2000, by
Monte Mercer , City Manager of the City of Baytown, a political
subdivision of the State of Texas, on behalf of said city.
11HOEOSD1 \
3
P�Li Plle���/2%
u1Q. ro a� i�'
a -4"r of q� ::
ic, Stat
Instrum\Cons. R -W file 87493 - pipeline easement -city of baytown.doc