Ordinance No. 9,0752001111 -2
ORDINANCE NO. 9075
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT TO TE PRODUCTS PIPELINE
COMPANY, LIMITED PARTNERSHIP IN THE BAYTOWN NATURE CENTER;
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 the City Council of the City of Baytown, Texas, hereby grants an
easement to TE Products Pipeline Company, Limited Partnership in the Baytown Nature Center. 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 affirmative vote of the City Council of the City
of Baytown this the 1 Ith day of January, 2001.
PETE C. ALFARO, Mayor
ATTEST:
GA Y W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. ty Attorney
c:k1h259 \Council \Ordinances \TEPPCOEasement.Ord
EASEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
Line No. P64
R/W No. 80
THAT for and in consideration of the sum of 1-6 J ft N D Wj) ay
Dollars ($119.00 ) and other valuable considerations paid to the City of Baytown, Texas
(herein styled Grantor), in hand paid, the receipt of which is hereby acknowledged, Grantor does
hereby grant unto TE Products Pipeline Company, Limited Partnership, a Delaware limited
partnership (herein styled "Grantee "), its successors and assigns, a non - exclusive right -of -way
and easement to construct, lay, maintain, operate, alter, repair, protect and remove a nominal 16 -
inch diameter pipeline and appurtenances thereto, including fittings, tie - overs, valves, corrosion
control equipment and other supporting apparatus (the pipeline, along with fittings, corrosion
control equipment and other supporting equipment are hereinafter collectively called the
"Pipeline ") below ground for the transportation of Oil, Gas, Petroleum Products or any other
liquids, Gases, or other substances which can be transported through pipelines under (but not on
or over) the following described lands.situated in Harris County and State of Texas,:
As -built and center line described to be attached hereto and made a
part hereof prior to recording in the records of Harris County,
Texas.
During initial construction, Grantee agrees that its right of ingress and egress is limited to
the right -of -way, temporary 16' wide board road, temporary 150'x150' drill site, temporary
100'x100' material storage area and to the existing public roadways intersecting said right -of-
way. The right of utilization of the board road, the temporary drill site and material storage area
shall immediately terminate, ipso facto, upon the earlier to occur of (i) the laying of the Pipeline;
or (ii) July 1, 2001. In the event Grantee is rendered unable wholly or in part by force majeure to
carry out its obligations under this agreement other than to make payments of amounts due
hereunder, it is agreed that on Grantee's giving notice and full particulars of such force majeure
in writing to Grantor as soon as possible after the occurrence of the cause relied on, then the
obligations of Grantee and the termination date set forth in the previous sentence shall be
suspended -during the continuance of any inability so caused but for no longer period, and such
cause shall, so far as possible, be remedied with all reasonable dispatch. After termination, for
purposes of maintenance or repair of the Pipeline, Grantee has permission to use as working
space, such parts of Grantor's land adjacent to said right -of -way as is reasonably necessary to
effect such maintenance or repair, provided that the land is not occupied by substantial
improvements.
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 traversed by the Pipeline as nearly as is practicable, to the
condition in which it existed prior to such construction or repair.
EXHIBIT "A"
Easement, Page 1 I' �/
® It is distinctly understood and agreed that this Easement does not constitute a conveyance
of any part of they land above - described, nor of the minerals therein and thereunder, but grants
only the right -of -way and easement as above provided herein.
Grantor hereby retains and reserves for itself and its successors and assigns the right to
use the right -of -way for any purpose and in any manner, including, but not limited to, 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, railroads, waterlines, sewer lines and other utilities or facilities so long
as such use does not unreasonably interfere with the rights of Grantee hereunder.
Grantee's Pipeline shall be designed, constructed, tested and operated in accordance with
all applicable governmental rules and regulations and all 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 or the owner of any of the land crossed by or situated within five hundred
feet (500') of said Pipeline, Grantee will provide written certification that the Pipeline was so
designed, constructed and tested and is being so maintained and operated.
Grantee further agrees that it shall install and maintain the Pipeline at a depth of at least
three feet (3') below the natural surface elevation of the ground. Grantee's obligation hereunder
shall be limited the natural surface elevation of the land and not to man made changes to the
natural surface elevation other than those which may be done by Grantee. Grantee acknowledges
and agrees that no part of the Pipeline shall be on or above ground. Grantee's Pipeline shall be
constructed below existing lines with a minimum clearance of twenty -four inches (24 ") between
the top of Grantee's Pipeline and the bottom of the line being crossed. A part of the
consideration herein paid includes the normal anticipated damages associated with pipeline
construction as well as damages which will be caused by the board road, the drill site and the
material storage area and their restoration. In addition to the anticipated damages caused by the
original construction of the pipeline which have been paid in advance, Grantee shall pay for any
damage to blacktop, concrete or any other improvements that may result from such original
construction and Grantee shall pay for any damage to growing crops, timber, fences, blacktop,
concrete or any other improvements which may result from the operation or maintenance of the
pipeline .
Grantee shall not transport in the Pipeline covered by this easement any product, material
or substance other than that named above without the prior written consent of the Grantor, which
consent shall not be unreasonably withheld, provided the new product, material or substance can
be, in Grantor's good faith opinion, safely transported in the Pipeline as designed, constructed,
tested and maintained and its use for such purpose violates no state, local or federal regulations
governing the design, construction, testing and operation of Pipelines for the transportation of
such product, material or substance.
The easement and rights hereby granted are nonexclusive, are subject to all other
easements, exceptions, reservations, rights, and encumbrances, whether of record or evidenced
physically on Grantor's premises, and are granted without any warranty of title, express or
implied, by Grantor. This easement shall not be assigned, in whole or in part, without the consent
of Grantor which consent shall not be unreasonably withheld. Any proposed assignment made
without the prior written consent of Grantor is void.
Easement, Page 2
GRANTEE HEREBY ASSUMES ALL LIABILITY FOR AND
AGREES TO PAY FOR ALL INJURIES DAMAGES INCURRED BY
• GRANTOR, INCLUDING ENVIRONM NTAL DAMAGES, TO ALL
PROPERTY OF ANY NATURE AND KIND, AND ALL LOSSES
RESULTING FROM SUCH INJURIES DAMAGES ARISING OUT
OF THE CONSTRUCTION, OPERATION, MAINTENANCE,
INSPECTION, REPLACEMENT, REMOVAL, EXISTENCE AND USE OF
SAID PIPELINE. AND GRANTEE HEREBY AGREES TO INDEMNIFY,
DEFEND AND HOLD GRANTOR, ITS OFFICERS, AGENTS,
CONTRACTORS AND EMPLOYEES HARMLESS FROM ANY AND ALL
DEMANDS AND CAUSES OF ACTION FOR DAMAGE TO PROPERTY
OR INJURY TO OR DEATH OF PERSON OR FOR ENVIRONMENTAL
DAMAGE, INCLUDING WITHOUT LIMITATION, ANY CLAIMS
ARISING UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE COMPENSATION AND �IABILITY ACT AND OTHER
APPLICABLE FEDERAL AND STATE ENVIRONMENTAL LAWS AS
- WELL - AS- COUR -T -C. -OSTS_ AND - ATTORNEY' S_FEES, -. WHICH MAY IN
ANY WAY RESULT FROM, GROW OUT OF OR ARISE IN
CONNECTION WITH THE EXISTENCE, USE OR OPERATION OF THE
GRANTEE'S PIPELINE HEREUNDER OR THE EXERCISE BY
GRANTEE OF ANY OF THE RIGHTS HEREIN GRANTED,
REGARDLESS OF THE CONCURRENT NEGLIGENCE OF THE
GRANTORS, ITS OFFICERS, AGENTS, CONTRACTORS AND
EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO THAT THE INDEMNITY PROVIDED HEREIN IS AN
INDEMNITY BY THE GRANTEE TO INDEMNIFY, PROTECT AND
DEFEND THE GRANTOR, ITS OFFICERS, AGENTS, CONTRACTORS
AND EMPLOYEES FROM THE CONSEQUENCES OF (I) THE
CONCURRENT NEGLIGENCE . OF THE. GRANTOR, ITS OFFICERS,
AGENTS, CONTRACTORS AND EMPLOYEES AND /OR (II) THE SOLE
OR CONCURRENT NEGLIGENCE OF THE GRANTEE.
IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE
GRANTOR, ITS OFFICERS, AGENTS, CONTRACTORS AND /OR EMPLOYEES BY
REASON OF ANY OF THE ABOVE, GRANTEE FURTHER AGREES AND COVENANTS
TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
GRANTOR. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE
TERMINATION AND /OR EXPIRATION OF THIS EASEMENT.
Notwithstanding the provisions hereof, if the Pipeline should ever interfere with the
installation of roads, streets, railroads, utilities or other facilities constructed for the sole benefit
of the premises by Grantor or its successors and assigns, Grantee agrees, at its cost, to encase,
raise, lower or otherwise vertically alter the Pipeline to accommodate the installation of the
roads, streets, railroads, utilities or other facilities. Provided, however, that nothing contained in
this paragraph shall apply to relocation of the Pipeline required by a public authority or political
Easement, Page 3 ttl
subdivision or preclude or prevent Grantee from securing reimbursement to which Grantee is
otherwise entitled from such public authority or political subdivision, other than the City, for the
cost and expense of relocating the Pipeline.
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.
In the event of release of contamination on Grantor's lands from Grantee's Pipeline or
from equipment used by or for the benefit of Grantee, regardless of the cause or 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.
Grantee agrees that if Grantee should abandon or cease to use the easement 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 the 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 the event Grantee
fails to remove the Pipeline and restore said land within the time provided, such Pipeline shall
revert to and become the property of Grantor, its successors or assigns; or Grantor, its successors
or assigns may at its sole option and at Grantee's sole expense remove the Pipeline and restore
said land.
The obligations undertaken by Grantee hereunder shall be deemed covenants running
with the land.
IN WITNESS HEREOF,
, 2001.
Grantor:
City of Baytown
e
Signature
Printed Name
Title
the Grantor has executed this conveyance this the * day of
Grantee:
TE Products Pipeline Company, Limited
Partnership, by Texas -Eastern Products
Pipeline Company, LLC, i General Partner
By: 4" _/___ .
Charles H. Leonard
Sr. Vice President, Chief Financial
Officer & Treasurer
Easement. Page 4
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the of
the City of Baytown, Texas, and acknowledged to me that he /she executed the foregoing
agreement in his/her capacity as the of the City of Baytown, Texas,
for the purpose and consideration therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
92001.
Notary Public in and for the State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Charles H.
Leonard, known to me to be the person whose name is subscribed to the forgoing instrument and
known to me to be the Sr. Vice President, Chief Financial Officer & Treasurer of Texas Eastern
Products Pipeline. Company, LLC, General Partner, and acknowledged to me that he executed the
same as the act of said General Partner, on behalf of TE Products Pipeline Company, Limited
Partnership for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this "lam day of
52001.
MY COMM Notary Public i d for a State of Texas
• .January 0& Z
''� 1aOTaR,r �tF�aB► aoc.
My commission expires: 8 "@iz)D3
N:WB1DOCIBROWNWOOD EASEWW 12 -21 -00
Easement, Page 5