Ordinance No. 10,391ORDINANCE NO. 10,391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT TO OILTANKING HOUSTON, L.P..
IN THE BAYTOWN NATURE CENTER; APPROVING THE APPLICATION
OF OILTANKING HOUSTON, L.P.. FOR A NEW PIPELINE TO BE
CONSTRUCTED WITHIN THE CITY OF BAYTOWN, AUTHORIZING AND
DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT
THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Oiltanking Houston, L.P., ( "Oiltanking ") has submitted a pipeline
application for a new ten -inch pipeline crossing under Bayway Drive and Greenbriar Drive in the
corporate limits of the City of Baytown (hereinafter referred to as the "Pipeline "); and
WHEREAS, the Director of Engineering, based upon the assessment of the Director of
Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and
the Emergency Management and Preparedness Coordinator as to compliance with Article V of
Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his
examination of the application and plans for the Pipeline, has issued a report to the City Council
recommending granting a permit for the Pipeline: and
WHEREAS, the City Council has received such report and has determined that, based
upon the representations of Oiltanking, the application meets all applicable provisions of Article
V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, as well as all federal
and state regulations; NOW THEREFORE,
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 Oiltanking Houston, L.P., 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: That the City Council of the City of Baytown hereby establishes TWO
HUNDRED THOUSAND AND NO / 100 DOLLARS ($200,000.00) as the amount of the bond or
other form of security satisfactory to the City required to be tendered prior to any construction,
repair, adjustment, relocation or replacement of a pipeline pursuant to Section 34 -233 of the
Code of Ordinances, Baytown, Texas.
Section 3: That subject to the receipt of the bond required in Section 2 hereof, the
City Council of the City of Baytown hereby authorizes and directs the Director of Engineering
and Inspections to execute the Pipeline Permit, which is attached hereto as Exhibit "B" and
incorporated herein for all intents and purposes, for the Pipeline proposed by Oiltanking
Houston, L.P.
Section 4: That the City COL11161 of the City of Baytown hereby authorizes and
direet: the City Manager and the City Clerk to execute and attest to an indemnity agreement with
Oiltanking Houston, L.11,, corresponding to tile pipcline
Section 5: This ordinance shall take, effect ininiechatcly from and after its passage by
Z�7
0ie City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affimiati've(' bte apt the City Council of the
City of Bayto�N,,,n this the 24"' day of AlIgLlSt, 20 (6
ST,EPHEN Fl, DONCARLOS, Mayor
0
,M-'PROVED
Y, City Clerk
TO FOr?--M:
e:4Cad, 1 1
f6ACM06P—AMlFC,Z, SRUCity Attomey
R:,Km%�n\HlQs';City 24
EASEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
THAT for and in consideration of the sum of SIXTY -FOUR THOUSAND AND NO /100
DOLLARS ($64,000.00) 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,
subject to the terms herein, does hereby grant unto Oiltanking Houston, L.P., a Texas Limited
Partnership (herein styled "Grantee "). its successors and assigns, a non - exclusive, ten -foot
easement to construct. lay, maintain, operate, alter, repair, protect and remove a ten -inch
diameter pipeline (the "Pipeline ") below ground for the transportation of condensate, gas and oil
under (but not over) the five feet on either side of the centerline described in Exhibit "A," which
is attached hereto and incorporated herein for all intents and purposes.
At all times, Grantee agrees that its right of ingress and egress is limited to the easement
herein granted. Grantee agrees that, after commencing construction, it will pursue the work
diligently to effect prompt completion of the Pipeline, and following 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. Grantee further agrees
that any time Grantee desires to construct, lay, maintain, operate, alter, repair, protect and
remove a pipeline utilizing the open cut method, Grantee will employ at Grantee's sole cost and
expense an environmental consultant of Grantor's choice, to be on site for all such open cuts.
Grantee will comply with all directives of the environmental consultant in order to protect
Grantor's property. Should Grantee fail to do so, Grantor in addition to all other rights it may
have, has the right to terminate this easement and to require Grantor to restore or pay for the cost
of the restoration of the property to its original condition. Should the easement be terminated,
Grantee shall have the obligation to remove the Pipeline in the same manner as if the easement
was abandoned.
It is distinctly understood and agreed that this Easement does not constitute a conveyance
of any part of the land above- described, nor of the minerals therein and thereunder, but grants
only the easement as above provided herein.
Easement, Page 1 EXHIBIT A
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 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 riles and regulations
published by federal and /or state regulatory agencies having jurisdiction. If no such government
safety rule applies, then applicable industry standards and practices shall be complied with.
Upon request from Grantor or 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
four feet (4') below the natural surface elevation of the ground. Grantee's obligation hereunder
shall be limited to 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 Grantor. 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.
Easement, Page 2
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 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 purposes 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 hereby granted is nonexclusive, is subject to all other easements,
exceptions, reservations rights and encumbrances, whether or record or evidence 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 prior written consent of
Grantor, which consent shall not be unreasonably withheld. Any proposed assignment made
without the prior written consent of Grantor is void.
GRANTEE HEREBY ASSUMES ALL LIABILITY FOR AND
AGREES TO PAY FOR ALL INJURIES AND DAMAGES INCURRED BY
GRANTOR, INCLUDING ENVIRONMENTAL DAMAGES, TO ALL
PROPERTY OF ANY NATURE AND KIND, AND ALL LOSSES
RESULTING FROM SUCH INJURIES AND 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 PERSONS OR FOR ENVIRONMENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION ANY CLAIMS ARISE
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE
Easement. Page 3
COMPENSATION AND LIABILITY ACT AND OTHER APPLICABLE
FEDERAL AND STATE ENVIRONMENTAL LAWS AS WELL AS
COURT COSTS AND ATTORNEY'S FEES, WHICH MAY IN ANY WAY
RESULT FROM, GROWN OUT OF OR ARISING IN CONNECTION WITH
THE EXISTENCE, USE OR OPERATION OF GRANTEE'S PIPELINE
HEREUNDER OR THE EXERCISE BY GRANTEE OF ANY OF THE
RIGHTS HEREIN GRANTED REGARDLESS OF THE CONCURRENT
NEGLIGENCE OF GRANTOR, ITS OFFICERS, AGENTS,
CONTRACTORS AND EMPLOYEES. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY
PROVIDED HEREIN IS AN INDEMNITY BY GRANTEE TO
INDEMNIFY, PROTECT AND DEFEND GRANTOR, ITS OFFICERS,
AGENTS, CONTRACTORS AND EMPLOYEES FROM THE
CONSEQUENCES OF (I) THE CONCURRENT NEGLIGENCE OF
GRANTOR, ITS OFFICERS, AGENTS, CONTRACTORS AND
EMPLOYEES AND /OR (II) THE SOLE OR CONCURRENT
NEGLIGENCE OF GRANTEE.
In the event that any action or proceeding is brought against 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 benefit of
Grantor or its successors and assigns, Grantee agrees, at its cost, to encase, lower, raise, or
otherwise vertically alter the Pipeline to accommodate the installation of the road, 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 subdivision or
Easement, Page 4
preclude or prevent Grantee from securing reimbursement to which Grantee is otherwise entitled
from such other 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 circumstance 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
he 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 pipeline
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 the
land.
The obligations undertaken by Grantee hereunder shall be deemed covenants running
with the land.
(Remainder of page purposely left blank.)
Easement, Page 5
IN WITNESS HEREOF. Grantor has executed this conveyance this the 3-`' `d'ay of
August, 2006.
GRANTOR: GRANTEE:
City of Baytown Oi]tanking Houston. L.P.
r
1771L
GARY JACKSON. City Manager
STATE OF TEXAS 5
ti
COUNTY OF HARRIS
(Signature)
Catlin G. Conner
(Printed Name)
President & Chief Executive Office—
(Title)
BEFORE ME. the undersi-ned authority, on this day personally
appeared GARY JACKSON. the City Manager of the Citv of Baytown. Texas, known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed in his capacity on behalf of the
City of Baytown.
Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF HARRIS 5
BEFORE ME. , the undersigned authority, on this day personally
appeared (�' ► T . [,yn nor , the (` n �h�ror of OiltanC Houston. L.P.. known to me to be the person whose name is subscribed to thu�nstrument an
acknowledged to me that he!she executed the same for the purposes and consideration therein expressed
in his/her capacity on behalf of the Oiltanking Houston. L.P.
•..••••.
r,kIUA 44
•',00TARYA'.*e i
.y
00.7 as •••'• ••
Easement. Page 6 ••,".0•�•.•'
Notary Pubic in knd for the St e of Texas
GRANTOR:
CITY OF BAYTOWN
P. O. BOX 424
BAYTOWN, TEXAS 77522 -0424
RETURN TO GRANTEE:
OILTANKING HOUSTON, L.P.
ATTN: PRESIDENT
15631 JACINTOPORT BLVD
HOUSTON, TX 77015
RAKaren \Files \Legal\Deeds & Easements \OiltankingEasement.doc
Easement, Page 7
STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT 'A'
CENTERLINE DESCRIPTION FOR A
PROPOSED 10" PIPELINE
ACROSS CITY OF BAYTOWN
May 20, 2006
Centerline description for a proposed 10" pipeline, extending over, through, along and across a
2.508 acre tract of land as recorded in Volume 7229, Page 514, Document No. C725792, of the
Deed Records of Harris County, Texas, said 2.508 acre tract being situated in the Nathaniel Lynch
Survey, Abstract 44, Harris County, Texas, said centerline being more fully described as follows:
Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone, NAD
83 in feet
BEGINNING at a point in the Southwest line of said 2.508 acre tract of land, said POINT OF
BEGINNING being North 71'34'14" West, a distance of 62.8 feet from a sign found at the
Southwest corner of said tract of land, said point having coordinates of: N= 13,846,480.83 and
E= 3,225,793.51;
THENCE, North 51 009'35" East, a distance of 463.2 feet to the POINT OF EXIT in an interior
Southeast line of said 2.508 acre tract of land, said POINT OF EXIT having coordinates of:
N= 13,846,771.31 and E= 3,226,154.28.
Total Rods: 28.07
PLAT ATTACHED
Oilt a nk ing\265312653222_.doc
Page 1
HARRIS COUNTY, TEXAS
NATHANIEL LYNCH SURVEY. A -44
4.027 Acre Tract
Vo /ume 7229• R.g, 512
Oeed Records Of Harris County
�o
2.27 Acro Tract L
Volume 1422, Po9e 64B
0-f / 7cords Of 140-5 Countyy
\ 2
1 . 3.
1 `
3•H4Ci,480.83 h
E- 3,225.793.51 Ota,
E e�
Sipn
Occldnnta/ Ch arrrlcal
Corporot%on
N 71 '34' 1 4" W
ti 2.8'
q_ [xist. TX Brine
16° P:peNne •1,
Exial. Teppco
t3• Pipelinn!
4q Propoaod to"
Pipeline
Lakewood Pool
C1"b
POINT OF EXIT
N- 1 3 846 771 .31
E- 3.226.154.28
Aro51 ' v /
Proposed 10°
boa Pipeline
SEE DETAIL
City Of Baytown_
2.508 Acre Tract
Volume 7229• Poga 514
Document No. C725792
Deed Records Or /forrla County
DETAIL
Scale: 1" -40'
Nolos:
1. Bearings and C001dinotes are hosed on the Texas
Coordinole System. South Centr -ol Zone. NAD 83 in feet
.=j 2. Description Attached.
S F.B. 4092
GULL I TT 8c ASSOCIATi?S, INC. 10", ^' HY:
7706 S. 1.001' E', 1- 1O11S'1'ON• '1'1' :XAS 77(116'. ern cairn urn
(713) 644 -3219 scA -e: j°-
I--. I
Exist. 1'ePpco
10" Pipelrne
Exisl. Teppca
16" Pipeline
Exist. Kinder
Morgon Pipeline
Exist. TET
Pipeline
E'XH /B/ T -A"
Is. 9-1 1 Totol Rode.: 28.07
40iltanking
• +�uaro INC.
PROPOSED 10" PIPELINE
ACROSS CITY OF BAYTOWN
HARRIS COUNTY. TEXAS
DATE: S 20 06
06 A-265-3-022
rA nnn: 05/--
1• Iwo. 1c.0 I'n.I:: 2653222_ Iacv. q
STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT `A'
CENTERLINE DESCRIPTION FOR A
PROPOSED 10" PIPELINE
ACROSS CITY OF BAYTOWN
May 15, 2006
Centerline description for a proposed 10" pipeline, extending over, through, along and across a 37
acre tract of land as recorded in Document No. D712993, Film Code 151 -35 -1969, Official Public
Records of Real Property, Harris County, Texas, said 37 acre tract being situated in the Nathaniel
Lynch Survey, Abstract 44, Harris County, Texas, said centerline being more fully described as
follows:
Bearings and coordinates are based on the Texas Coordinate System, South Central Zone, NAD
83 in feet.
BEGINNING at a point in the East line of said 37 acre tract of land, same being the West right -of-
way line of Steinman Street, said POINT OF BEGINNING being North 03 030'04" West, a distance
of 187.9 feet from a calculated Southeast corner of said tract of land and the intersection of the
North right -of -way line of Schreck Street, said POINT OF BEGINNING having coordinates of:
N= 13,846,233.33 & E= 3,225,489.56;
THENCE, South 50 °38'52" West, a distance of 324.5 feet to a point;
THENCE, South 52 °33'47" West, a distance of 186.5 feet to a point;
THENCE, South 63 °16'32" West, a distance of 1015.3 feet to a point;
THENCE, North 71 °20'00" West, a distance of 61.6 feet to a point:
THENCE, South 63 °40'00" West, a distance of 304.7 feet to a point;
THENCE, a distance of 277.14 feet, along a curve to the right having a radius of 1200.00 feet, a
delta of 13 °13'57', and a chord bearing of South 70 °16'59' West, 276.53 feet to the POINT OF
EXIT in the West line of said 37 acre tract of land, said POINT OF EXIT having coordinates of:
N= 13,845,341.01 & E= 3,2237704.35.
Total Rods: 131.50
PLAT ATTACHED
Oiltanking\265312653212_.doc page 3
HARRIS COUNTY, TEXAS
NATHANIEL LYNCH SURVEY, A -44
,n �'A 100'
h
Steinman
i
/ 3
Slreet
25, � : \�. `�5 1 emporory ytoteri / � 1
Drill rte e / t Steinman Street.
97' Eli / S 5738'52" W RA
/ 324.5' 1 P.0 8.
DETAIL 2 / / E= 3,225;
Scale: 1" =200' City Of 80 q / / S 5786,Sr W
37 Acre Tract
N 0330'04' W
Document No. 0712993 187.9
Film Code 151 -35 -1969 / Proposed 10'
O.P.R.R.P.H.C. Pipeline Cola.
Corner
Q•
/ trot/ N 71'20'00' W 65,6 }2
6urnett Bay / S 6S40'00' W 616 5 , ' SEE DETAIL 1
/ 304.7'
Point of Exit
N= 13,945,341.01
E= 3,223,704.35 \ r�N�
//' SEE DETAIL 2
/I
Notes:
R= 1200.00' / 1. Bearings cr+d Coordinates ore based on the Texos
1= 277.14' Coordinate System:. South Central Zone, NAD 83 in feet.
D= 1S13'51' 2. Description Abeched.
Chord= S 70'16'59 W\
/ ^ `
276.53' /
- %:.. SA- I
LLETT &
7705 S. IAOP is
Exist. Teppco B' Pipeline
Exist. Teppco 5 Pipeline
Exist, Teppco 10' Pipeline
Exist. TX Brine 16' Piaelir
Proposed 10'
Pipeline
J Exist. Kinder
Maroon Pipeline
EXHIBIT r -..
F.B. 4092, Figs. 1 -2 k 7 -8
33
li
5�
Exist. TE
Pipeline
DETAIL 1
Sccie: =50'
Total Rods: 131.501
1 1
N«VoK K
PROPOSED 10" PIPEUNE
ACROSS CITY OF BAYTOWN
HARRIS COUNTY, TEXAS
SSOCIATES, INC. RAW% ey. TRa I DATE: 5/04/06
HOUSTON, TEXAS 77012 C EX Er G&A JDAT 05/06 A- 2653 -012
644 -3219 s A` 1' =300' 111LO. CAD 1E: 2653212_ �
Pipeline Permit Number: P -06 -05
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Oiltanking Houston L.P.
Address: City: State: Zip:
15631 Jacintoport Blvd Houston Texas 77015
Reason for permit:
X New Pipeline
Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50)
feet from its original position
Pipeline Origin Point:
Oiltanking Tank Farm — Houston, Tx.
Pipeline Destination Point:
Connect to an existing pipeline at Exxon Mobil property South of Baker &
West of Spur 330.
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or cross any Public
Bayway Drive
Way are depicted in Exhibit "B," which is attached hereto and
> Greenbriar Drive
incorporated herein for all intents and purposes.
Description of Pipeline:
The 10 -inch pipeline used to transport condensate, gas, and
oil within the city limits. The pipeline will include a maximum
operating pressure of 1400 PSI, a normal operating pressure
of 600 PSI, and have a minimum yield strength of 60,000 PSI.
The carrier pipe has an outside diameter of 10.750 inches and
a wall thickness of 0.438 inches. The pipe will include 14 -16
mils fusion bond epoxy coating.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 24`s
day of August, 2006, grants Permittee the privilege to construct, operate, repair and maintain the proposed pipeline described in
and in accordance with Permittee's application, tiled with the Director of Engineering. 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 V of Chapter 34 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 34 -234 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 2006.
W.R. (BILL) PEDERSEN, P.E.
Director of Engineering
Permit Number:
I'NiDENINITY AGREEMENT
STATE OF TEXAS 4
'OUNITY OF HARRIS
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter
"l:nvironment." Article V "Hazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of th-
Cite of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received..
Oiltanking Houston, L.P. a corporarion authorized to do business in the State of Texas,
hereinafter "Permittee," hereby agrees as follows:
PERNUTTEE AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, DX- VIAGES, CAUSES
OF .ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING `
ALL EXPENSES OF LITIGATION, COURT COSTS, A.ND ATTORNEYS'
FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR
DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACENIENT, ADJUSTMENT OR REi1IOVAL.
OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN,
«'HERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMMITTEF
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PER.MITTEE. IT IS THE EXPRESSED INTENTION OFTHE PARTIES
HERETO, BOTH PEWvIITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEitiINITY BY PERMITTEE TO INDEMNIFY, PROTECT AND
DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CIT) "S
OWN NEGLIGENCE, YVHERE THAT NEGLIGENCE AND
PFRAMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND /OR (11) PERMITTEE'S JOINT
AND SOLE NEGLIGENCE. FURTH ERIPMO RE, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
.APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION,
SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED
«'ITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
indemnity Agreement. Pay. I
ffi 1
Permit Number:- OL-1
Failure of either party hereto to insist on the strict performance of any of the above - referenced
ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remed!cs
accruing thereunder upon default or failure of performance shall not be considered a waiver of the right t:;
:nstst on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to
.xc:rcise any right or remedy occurring as a result of any future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance with and governed by
the laws of the State of Texas, regardless of the place of its execution or performance. The place of making
and the place of performance for all purposes shall be Baytown, Harris County, Texas.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in
full tdree and ettect.
The officers executing this Agreement on behalf of the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he /she represents.
SIGNED this 7tkl-ay of July 12006
PERMITTEE
Oiltanking Houston, L.P.
Company Name
Si--nature of Authorized Officer
A;'
Printed Name
Title
Indemnity Agreement, Page 2
Vice President
Permit Number:? — c)(.0—o's
CITY OF BAYTOW`
GARY JACKSON. City Manager
-ATTEST:
Ci
ec� ty Clerk
Lor r i pc�t� ►
STATE OF TEXAS
c
COUNTY OF HARRIS
Before me, Carla Ramirez , the undersigned notary public, on this day personally
appeared Kim M. Ivy in his /her capacity as V; _ Prt-gi dent of,
Oi ltanking Houston.,_ T,-P-- , on behalf of such corporation
X known to me:
proved to me on the oath of ; or
proved to me through his/her current
idescription of identification card or other document issued by the federal government or an%
state government that contains the photograph and signature of the acknowledging person,(
(Check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he!she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seat of office this 7th day of Jul
. ?006
Notary Public in and for th4 State of Texa
•
0104'erncr eencyTngmtTcmtittec Ind emi
nent1:
Inderruuty :\c_reement, Page 3
. ?006
Notary Public in and for th4 State of Texa
r
Occidental Chemical Corp.
Corridor
7.7'
P L A N
Scale: 1" = 50'
40' Marker Sigr
30' Both Sides
20' Min.
10'
r"
0
r
P R O F I L E
HARRIS COUNTY, TEXAS
HARVEY WHITING SURVEY, A -840
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I N 83'03'21'
I '--q Proposed 10"
J
I 7.1' I Pipeline
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a_ City of BO Own
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4' Min. T.O.P. Elev. 19.7'
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Tree Line
Teppco 8" Pipeline
Teppco 8" Pipeline
Teppco 10" Pipeline
Teppco 16" Pipeline
� Kinder Morgan 20" Pipeline
TET Pipeline
to
to
x +
�r Tree Line
1n
Exxon Corporation
PIPE SPECIFICATIONS
CARRIER PIPE: 10.750 '0.0. x 0.280'W.T..
API 5L X42 ERW PIPE
r/14 -16 MILS FUSION BOND EPDXY COATING
MAX. OPER. PRESSURE: 1440 PSIG
MIN. TEST PRESSURE: 2160 PSIG
MIN. YIELD STRENGTH: 42,000 PSI
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T.B.M. - Corridor Sign
48.5' Lt. ® 353 +07
U.1 Elev. 23.67'
Natural
Ground
I 1NZ1.2'
2' Min. Box Culvert Proposed 10"
4' Min. Pipeline
353 +00 354 +00 355 +00
,I Scale: 1" = 50', Harz. do Vert. B
-gC
N0. I DATE
GU S. LOO &
7705 S. LOOP E.
(71
REVISION I BY
ASSOCIATES, INC.
HOUSTON. TEXAS 77012
3) 644 -3219
40'
30'
20'
10'
0'
F.B. 4092, P s. 17 do 50
01,1tan HOUSTON, NC.
PROPOSED 10" PIPELINE
UNDER CITY OF BAYTOWN - DRAINAGE DITCH
HARRIS COUNTY, TEXAS
DRAWN BY. RG DATE: 5/19/06 CA- 2653 -020
CHECKED BY: G&A DATE: 05/06
SCALE: 1'-50' w.0. CAD FILE: 2653120— REV. Q
a & . � � I A-% �% 0-% A I ► a T% I Tr—'k I ♦ n
P L A N
Scale: 1" = 20'
10'
5'
0'
—5'
_1n'
L �
U
o
(-+j W
Co
Cn
O
Marker Sign
Both Sides
4' Min.
0 +75 1 +00 1 +25 1 +50 1 +75 2 +00
T.B.M. — Mcnhole PIPE SPECIFICATIONS
P 2.8' Rt. ® Sta. 1 +46 CARRIER PIPE: 10.750 "0.0. x 0.280'W.T.,
? API SL X42 ERW PIPE
Scale: 1" = 20', HofZ. at Vert. Elev. 6.73' ry /14 -16 MILS FUSION BOND EPDXY COATING
MAX. OPER. PRESSURE: 1440 PSIG
u MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 11 -13 MIN. YIELD STRENGTH: 42.000 PSI
0
a
Y
A
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HOU ITON, TIC.
PROPOSED 10" PIPEUNE
UNDER GREENBRIAR DRWE, R/W
N0. GATE RENSION BY HARRIS COUNTY,- TEXAS
GU=TT & ASSOCIATES, INC. DRAWN BY: RG DATE: 3/13/06
i 7705 S. LOOP E. HOUSTON. TEXAS 77012 CHECKED BY: G&A DATE: 03/ 06 CA-2653-010
A(713) 644 -3219 SCALE: 1 "-20' W.O. CAD FILE: 2653110_ REV. 0
Greenbriar Drive,
R,W
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Natural
4' Min.
I
(Ground
10'
—1
Proposed 10"
'
Pipeline
0'
4' Clr.
T.O.P. Elev. —3.95'
—5'
—10'
0 +75 1 +00 1 +25 1 +50 1 +75 2 +00
T.B.M. — Mcnhole PIPE SPECIFICATIONS
P 2.8' Rt. ® Sta. 1 +46 CARRIER PIPE: 10.750 "0.0. x 0.280'W.T.,
? API SL X42 ERW PIPE
Scale: 1" = 20', HofZ. at Vert. Elev. 6.73' ry /14 -16 MILS FUSION BOND EPDXY COATING
MAX. OPER. PRESSURE: 1440 PSIG
u MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 11 -13 MIN. YIELD STRENGTH: 42.000 PSI
0
a
Y
A
0101tanklii
HOU ITON, TIC.
PROPOSED 10" PIPEUNE
UNDER GREENBRIAR DRWE, R/W
N0. GATE RENSION BY HARRIS COUNTY,- TEXAS
GU=TT & ASSOCIATES, INC. DRAWN BY: RG DATE: 3/13/06
i 7705 S. LOOP E. HOUSTON. TEXAS 77012 CHECKED BY: G&A DATE: 03/ 06 CA-2653-010
A(713) 644 -3219 SCALE: 1 "-20' W.O. CAD FILE: 2653110_ REV. 0
HARRIS COUNTY, TEXAS
Teppco 1D" A. McCORMICK SURVEY, A -46
Pipeline
/�Tepp�o f Baytown S vQ °� o /
16" Q �° Q° .90jc 011- 1 0
Pipeline ej
01���� ��°, O�� . /�. �aA cx, / �aA Z,� Tx Brine 16"
� Pipeline
Proposed 10" / ��55 / 1
Pipeline -, 7.5' 7.1'
eX' P O� /-A .`1• h
P L A N
Scale: 1" = 20'
10, Natural
Ground
0'
—5'
—10'
`V ./ /
Schreck Street
Stienman Street-, RfW
1 +00
P R O F I L E
Scale: 1" = 20', Harz. & Vert.
�o
0
a
Y
A
N
N 50'38'52" E
Kinder Morgan
Pipeline
Occidental Chemical Corp.
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4' Min.
0
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U
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h✓4'
Min.
1 +00
P R O F I L E
Scale: 1" = 20', Harz. & Vert.
�o
0
a
Y
A
N
N 50'38'52" E
Kinder Morgan
Pipeline
Occidental Chemical Corp.
Proposed 10" I —5'
Pipeline
1 +25 1 +50 1 +75 2 +00
PIPE SPECIFICATIONS
T.B.M. —Power Pole CARRIER PIPE: 10.750'0.D. x 0.280'W.T.,
11.5' Rt. ® Sta. 0 +82 API 5L X42 ERW PIPE
Elev. 5.16' w/14 -16 MILS FUSION BOND EPDXY COATING
5 N0. I DATE I REMS40N I BY
GULLETT & ASSOCIATES, INC.
7705 S. LOOP E. HOUSTON, TEXAS 77012
(713) 644 -3219
MAX. OPER. PRESSURE: 1440 PSIG
MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 7 -8 MIN. YIELD STRENGTH: 42.000 PSI
0111tanlo]
HOUSTON. INC.
PROPOSED 10" PIPEUNE
UNDER STIENMAN STREET, R/W
HARRIS COUNTY, TEXAS
RAwN BY: RG DATE: 3/10/06 CA- 2653 -009
NECKED BY: G&A DATE: 03/06
CALE: 1" =20' W.O. I CAD FILE: Z653109— IREV. Q
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N
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4
4)
(D C.
0
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W
=
W
W
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CO
Marker Sign
I 10
Both Sides
5'
4' Min.
0
Proposed 10" I —5'
Pipeline
1 +25 1 +50 1 +75 2 +00
PIPE SPECIFICATIONS
T.B.M. —Power Pole CARRIER PIPE: 10.750'0.D. x 0.280'W.T.,
11.5' Rt. ® Sta. 0 +82 API 5L X42 ERW PIPE
Elev. 5.16' w/14 -16 MILS FUSION BOND EPDXY COATING
5 N0. I DATE I REMS40N I BY
GULLETT & ASSOCIATES, INC.
7705 S. LOOP E. HOUSTON, TEXAS 77012
(713) 644 -3219
MAX. OPER. PRESSURE: 1440 PSIG
MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 7 -8 MIN. YIELD STRENGTH: 42.000 PSI
0111tanlo]
HOUSTON. INC.
PROPOSED 10" PIPEUNE
UNDER STIENMAN STREET, R/W
HARRIS COUNTY, TEXAS
RAwN BY: RG DATE: 3/10/06 CA- 2653 -009
NECKED BY: G&A DATE: 03/06
CALE: 1" =20' W.O. I CAD FILE: Z653109— IREV. Q
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V
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V
1
r
P L A N
Scale: 1" = 20'
30' Marker Sign
25, Both Sides
20'
15'
10'
1+00
P R O F I L E
Scale: 1" = 20', Harz. & Vert.
Proposed 10"
Pipeline
a 3
N N
N ® N
O
C7 >
a .2 I- W Z I W
+ +
4' Min.
Natural 30'
Ground
25'
20'
15'
10'
1 +25 1 +50 1 +75
PIPE SPECIRCATIONS
T.B.M. — Power Pole CARRIER PIPE: 10.750'o.D. x 0.280"w.T..
46.6' Rt. ® Sta. 1 +40 API 5L X42 ERw PIPE
Elev. 22.25' w/14 -16 MILS FUSION BOND EPDXY COATING
i NO. DATE
REVISION BY
GULLETT & ASSOCIATES, INC.
7705 S. LOOP E. HOUSTON, TEXAS 77012
(713) 644 -3219
MAX. OPER. PRESSURE: 1440 PSIG
MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 46 -48 MIN. YIELD STRENGTH: 42,000 PSI
0111tanli]
HOUBT01 p
PROPOSED 10" PIPELINE
UNDER CARTER ROAD, R/W
HARRIS COUNTY, TEXAS
IRAWN BY: RG DATE: 3/14/06 CA— 2653 — 012
NECKED BY: G&A DATE: 03/06
;CALE: 1" =20' W.O. I CAD FILE: 2653112— IREV. 0
Carter
Road,
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+
+ +
+
+
1+00
P R O F I L E
Scale: 1" = 20', Harz. & Vert.
Proposed 10"
Pipeline
a 3
N N
N ® N
O
C7 >
a .2 I- W Z I W
+ +
4' Min.
Natural 30'
Ground
25'
20'
15'
10'
1 +25 1 +50 1 +75
PIPE SPECIRCATIONS
T.B.M. — Power Pole CARRIER PIPE: 10.750'o.D. x 0.280"w.T..
46.6' Rt. ® Sta. 1 +40 API 5L X42 ERw PIPE
Elev. 22.25' w/14 -16 MILS FUSION BOND EPDXY COATING
i NO. DATE
REVISION BY
GULLETT & ASSOCIATES, INC.
7705 S. LOOP E. HOUSTON, TEXAS 77012
(713) 644 -3219
MAX. OPER. PRESSURE: 1440 PSIG
MIN. TEST PRESSURE: 2160 PSIG
F.B. 4092, Pgs. 46 -48 MIN. YIELD STRENGTH: 42,000 PSI
0111tanli]
HOUBT01 p
PROPOSED 10" PIPELINE
UNDER CARTER ROAD, R/W
HARRIS COUNTY, TEXAS
IRAWN BY: RG DATE: 3/14/06 CA— 2653 — 012
NECKED BY: G&A DATE: 03/06
;CALE: 1" =20' W.O. I CAD FILE: 2653112— IREV. 0