Ordinance No. 11,785ORDINANCE NO. 11,785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT TO ETC NGL TRANSPORT, LLC, IN
THE BAYTOWN NATURE CENTER; GRANTING A PIPELINE PERMIT TO
ETC NGL TRANSPORT, LLC, TO INSTALL ONE NEW 20 -INCH PIPELINE
IN AN EXISTING CORRIDOR; ESTABLISHING THE AMOUNT OF THE
BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF
ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, ETC NGL Transport, LLC, has submitted a pipeline application to install
one new 20 -inch pipeline in an existing corridor from the existing pipeline in the City limits and
its extraterritorial jurisdiction (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 ETC NGL Transport, LLC, 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 authorizes the
City Manager to grant an easement to ETC NGL Transport, LLC, 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, subject to receipt of the bond specified in Section 4 hereof and
finalizing the easement granted in Section 1 hereof, the City Council of the City of Baytown
hereby grants the pipeline permit, which is attached hereto as Exhibit `B" and incorporated
herein for all intents and purposes, to ETC NGL Transport, LLC, for the new pipeline described
therein and authorizes and directs the Director of Engineering to execute such permit.
Section 3: That, subject to receipt of the bond specified in Section 3 hereof, the City
Council of the City of Baytown hereby authorizes and directs the City Manager and the City
Clerk to execute and attest to an indemnity agreement with ETC NGL Transport, LLC,
corresponding to the pipeline.
Section 4: That the City Council of the City of Baytown hereby establishes THREE
MILLION AND NO/100 DOLLARS ($3,000,000.00) as the amount of the bond or other form of'
security satisfactory to the City, which shall be tendered prior to any construction, repair,
adJUstment, relocation or replacement of` the pipeline pursuant to Section 34-233 of the Code of
Ordinances, Baytown, Texas.
Section 5: 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 tt
City of Baytown this the 27"' day of October, 2011 .
ttorney
of the City Council of the
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Exhibit "A"
PROJECT: BRAZOS TO MONT BELVIEU 20"
TRACT NUMBER: HA -069
COUNTY: HARRIS
EASEMENT AGREEMENT
This Agreement, dated , 2011, is between City of Baytown Texas, whose mailing
address is 2401 Market, Baytown, Texas 77522 -0424 (hereinafter referred to as "Grantor ", whether one or more),
and ETC NGL Transport, LLC., whose mailing address is 711 Louisiana, Suite 900, Houston, Texas 77002, and its
successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee "). For
the consideration of TEN AND No/] 00 Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a thirty foot
(30') wide easement in order to construct, operate and maintain a pipeline not to exceed TWENTY inches (20 ") in
nominal diameter and any appurtenant facilities under land owned by the Grantor described in the attached Exhibits
A and B ( "the Easement Property"). Said Easement lying and being in lands owned by the Grantor, said lands being
described as follows:
All that certain lot, tract or parcel of land, described herein as:
A Park in Block I of Brownwood Subdivision Vol. 17 Pg. 36 H.C.M.R., a Park in Block Z in
Brownwood Subdivision Vol. 14 Pg. 25 H.C.M.R., a Park in Lot Y of Brownwood Subdivision
Vol. 14 Pg. 25 H.C.M.R., a Park and Lot 10 and Lots 11 & 12 (H.C.C.F NO. J649250) in Block V
of Brownwood Subdivision Vol. 18 Pg. 66, Lots 9 and 10 (H.C.C.F. NO. J671554) of Block XF of
Brownwood Subdivision Vol. 38 Pg. 75 H.C.M.R., Lots 5 and 6 (H.C.C.F. T400877 and
T400878) Block XK of Brownwood Subdivision, Vol. 64 Pg. 16 H.C.M.R., a called 3.5165 acre
tract (H.C.C.F. NO. 8817002), a called 15.00 acre tract (H.C.C.F. NO. D393787), that certain
tract 12B of the Town Of Wooster, and the following Items from H.C.C.F. NO. S783226: Item 25-
Lots 14, 15, and 16 Block Z of Brownwood, Item 24 -Lots 10, and 11 Block Y of Brownwood,
Item 17 Lots 8, and I 1 Block XF Brownwood, Item 15 -Lots 34 and 35 Block XE of Brownwood,
Item 21 -Lots 3 and 4 Block XK Brownwood, Item 20 -Lots 1, 2, and 3 Block XJ Brownwood, Item
29 -tract 1 Block 9 Town of Wooster, situated in Nathaniel Lynch Survey, Abstract 44, Harris
County, Texas, being more particularly described in Exhibits A & B attached hereto and made a
part hereof.
It is further agreed as follows:
1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors,
guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing,
laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting,
operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and
changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the
transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids and the products thereof natural gas and
the products thereof, together with below - ground appurtenances (except for pipeline markers and cathodic
protection test leads which Grantee is specifically allowed to install upon the surface of the Easement Property) as
may be necessary or desirable for the operation of the pipeline under the Easement Property. Grantee shall have the
right of ingress and egress over and across the Easement Property to survey, conduct reasonable and necessary
construction activities, to remove structures and objects located within the Easement Property.
2. Further, Grantee shall construct the 20" pipeline by using the Horizontal Directional Drilling method to minimize
surface disturbance, and have the right to maintain and change slopes of cuts and fills to ensure proper lateral and
subjacent support for and drainage for the pipeline and appurtenant facilities related to this pipeline project;
provided such construction, maintenance, and changes to not adversely affect the Grantor's use of the Easement
Property. Grantee shall also have the right to have a right of entry and access in, to, through, on, over, under, and
101715.1
across the Easement Property only for those purposes associated with the Easement at times, which, except for
emergency conditions, Grantor has been notified by Grantee in advance of the entry.
3. The consideration paid by Grantee in this agreement includes the market value of the Easement, conveyed by
Grantor and any and all damages to the Grantor's remaining property caused by such conveyance. Grantee will pay
Grantor (or if leased to Grantor's tenant) for any damages caused to the Easement Property or any other property of
the Grantor caused in whole or in part by Grantee's activities arising out of or associate with the use of the Easement
Property..
4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Easement Property
and will construct and maintain soil conservation devices on the Easement Property as may be reasonably required
to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder.
Grantee shall leave the surface as nearly as possible to as good or better condition as it was prior to the construction
of the pipeline as reasonably determined by the Grantor and will restore all fences as nearly as possible to as good,
or better, condition as they were prior to the construction of the pipeline as reasonably determined by the Grantor.
5. Grantor may use the Easement Property for any and all purposes not inconsistent with the purposes set forth in
this Easement. Grantor's uses may include but shall not be limited to using the Easement Property for agricultural,
open space, set -back, density, street, roadway and park purposes. Grantor is permitted, after review by Grantee, to
construct any and all streets and roadways, at any angle of not less than forty five (45) degrees to Grantee's pipeline,
across the Easement Property which do not damage, destroy or alter the operation of the pipeline and its appurtenant
facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility
lines across the Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline,
provided that all of Grantee's required and applicable spacings, including depth separation limits and other
protective requirements are met by Grantor. The use of the Easement Property by Grantee and Grantor shall be
regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority
over the Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities or other
encroachments are installed.
6. Grantee may not use any part of the Easement Property if such use may damage, destroy, injure, and/or interfere
with the Grantor's use of the Easement Property as a public park Grantor is not permitted to conduct any of the
following activities on the Easement Property without the written permission of Grantee, which permission shall not
be unreasonably withheld, conditioned or delayed: (1) construct any temporary or permanent building or site
improvements, other than streets and roads; (2) drill or operate any well, (3) remove soil or change the grade or
slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below
ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed,
erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee,
which permission shall not be unreasonably withheld, conditioned or delayed.. Grantor further agrees that it will not
interfere in any manner with the purposes for which the Easement is conveyed.
7. Grantee agrees that it will not trim or cut down or eliminate trees or shrubbery without the prior written
permission of the Grantor and then Grantee may do so only to the extent as may be necessary to prevent possible
interference with the operation of the pipeline or to remove possible hazard thereto.
8. Grantor shall retain all the oil, gas, and other minerals in, on and under the Easement Property; provided,
however, that Grantor shall not be permitted to drill or operate equipment for the production or development of
minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and
under the Easement Property by directional drilling and other means, so long as such activities do not damage,
destroy, injure, and/or interfere with the Grantee's use of the Easement Property for the purposes for which the
easement is being sought by Grantee.
9. Upon completion of the project construction, fencing destroyed or disturbed by project construction activities
shall be installed by Grantee, at its sole expense, along the same alignment and approximate location of the
Grantor's existing fences. Grantee and its designated contractors, employees and invitees agree to keep all gates in
fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's
property cannot stray from the fenced pastures.
101715 1
10. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface
of the Easement Property, it will restore the surface to the condition in which it was in prior to the use of this
Easement to the reasonable satisfaction of the Grantor except as the surface may be permanently modified by the use
of this Easement.
11. Grantee hereby agrees to indemnify, defend, and hold Grantor harmless from and
against any claim or liability or loss from personal injury, property damage resulting from
or arising out of the use of the easement by Grantee, its servants, agents or invitees, and the
installation, use, maintenance, repair or removal of the pipeline by Grantee and such
persons acting on its behalf, excepting, however, such claims, liabilities or damages as may
be due to or caused by the acts of Grantor, or its servants, agents or invitees. in the event
that any action or proceeding is brought against the Grantor by reason of any of the above,
the Grantee further agrees and covenants to defend the action or proceeding by legal
counsel reasonably acceptable to the Grantor.
12. Grantee shall have the right to assign this Easement, in whole or in part, to one or more assignees. The
easement shall be in perpetuity, and provisions of this Easement, including all benefits and burdens, shall run with
the land. This conveyance is made without warranty of any kind.
13. This easement shall be interpreted in accordance with the laws of Texas and all applicable federal laws.
14. In the event the terms of this Easement Agreement are violated, the non- breaching party shall give notice to the
breaching party and shall provide for a reasonable opportunity to cure. If the violation is not cured, the non -
breaching party may seek such other remedies that may be available at law or in equity. However, it is expressly
understood and agreed that nothing contained herein shall be construed as a waiver or an agreement to waive the
Grantor's sovereign immunity.
15. This easement may be signed in counterparts and all such counterparts shall be deemed as originals and binding
upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns.
Facsimile signatures shall be deemed as an original signature by the enforcing party.
16. This Easement Agreement contains the entire agreement between the parties and there are not any other
representations or statements, verbal or written, that have been made modifying, adding to, or changing the terms of
this Easement Agreement.
EXECUTED this day of , 2011.
GRANTOR
CITY OF BAYTOWN
By:
Name:
Title:
101715 1
ACKNOWLEDGMENT
State of Texas
County of Harris
The foregoing instrument was acknowledged before me this day of , 2011, by
, as , of the City of
Baytown Texas, on behalf of the City of Baytown.
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
Serial No.
My Commission Expires:
EXECUTED this day of , 2011.
GRANTEE
ETC NGL Transport, LLC
By:
Name:
Title:
101713 1
ACKNOWLEDGMENT
State of Texas
County of Harris
The foregoing instrument was acknowledged before me this day of , 2011, by
' as , of ETC NGL
Transport, LLC, on behalf of the limited liability company.
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
Serial No.
My Commission Expires:
101715 1
August 22, 2011
STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT "A"
TRACT NO. TX -HA -069
CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE
PERMANENT RIGHT -OF -WAY & EASEMENT
ACROSS CITY OF BAYTOWN
Centerline description for a proposed 30' wide permanent right -of -way & easement, extending
over, through, along and across a park in Block I of Brownwood Subdivision Vol. 17 Pg. 36
H.C.M.R., a park in Block Z in Brownwood Subdivision Vol. 14 Pg. 25 H.C.M.R., a park in Lot Y of
Brownwood Subdivision Vol. 14 Pg. 25 H.C.M.R., a park and Lot 10 and Lots 11 & 12 (H.C.C.F
NO. J649250) in Block V of Brownwood Subdivision Vol. 18 Pg. 66, Lots 9 and 10 (H.C.C.F. NO.
J671554) of Block XF of Brownwood Subdivision Vol. 38 Pg. 75 H.C.M.R., Lots 5 and 6 (H.C.C.F.
T400877 and T400878) Block XK of Brownwood Subdivision, Vol. 64 Pg. 16 H.C.M.R., a called
3.5165 acre tract (H.C.C.F. NO. R817002), a called 15.00 acre tract (H.C.C.F. NO. D393787), that
certain tract 128 of the Town Of Wooster, and the following Items from H.C.C.F. NO. S783226:
Item 25 -Lots 14, 15, and 16 Block Z of Brownwood, Item 24 -Lots 10, and 11 Block Y of
Brownwood, Item 17 Lots 8, and 11 Block XF Brownwood, Item 15 -Lots 34 and 35 Block XE of
Brownwood, Item 21 -Lots 3 and 4 Block XK Brownwood, Item 20 -Lots 1, 2, and 3 Block XJ
Brownwood, Item 29 -tract 1 Block 9 Town of Wooster, situated in Nathaniel Lynch Survey, Abstract
44, Hams 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 West line of Lot 1 Block 1 of Wooster Heights Subdivision, a plat of
which is recorded in Volume 725 Page 679 Hams County Deed Records, said Lot 1 conveyed by
deed to Diamond Shamrock Corporation as recorded in Clerk's File No. F160792 Official Public
Records of Harris County, said "POINT OF BEGINNING" being North 03 028'05' West, a distance
of 19.82 feet from a concrete monument found on the North right -of -way line Shreck Drive and the
East right -of -way of Steinman Street, said "POINT OF BEGINNING" having coordinates
N= 13,846,077.65, E= 3,225,559.01;
THENCE, South 18 °32'08" West, a distance of 4,391.77 feet to the POINT OF EXIT in the MHHW
line of Scott Bay, per published data for Tidal Bench Mark VM11774, said "POINT OF EXIT" having
coordinates of N= 13,841,913.69, E= 3,224,162.90.
Total Feet: 4,391.77'
Total Rods: 266.17
R,
Plat attached.
S. W. Freudensprung .P.L.S. No. 5260
Energy Transfer13737437372152_doc.
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Exhibit "B"
Pipeline Permit Number: P -11 -04
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
ETC NGL Transport, LLC
Address:
City:
State:
Zip:
711 Louisiana Street
Houston
Texas
77002
Reason for permit:
X New Pipeline
D Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet
from its original position
Pipeline Origin Point:
Existing Pipeline at Brazos River
Pipeline Destination Point:
Mont Belvieu
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢
Crow Road
The points at which the pipeline will run or cross any Public
➢
Cabaniss Avenue
Way are depicted in Exhibit °B," which is attached hereto and
➢
➢
Katherine Street
MacArthur Street
incorporated herein for all intents and purposes.
➢ Harvey Street
➢
Brownwood Drive
➢
Boise Avenue
➢
Steinman Street
➢
➢
Shreck Street
Greenbriar Street
Description of Pipeline:
➢
Bayway Drive
The 20 -inch pipeline used to transport natural gas liquids, in
➢
Baker Road
an existing pipeline corridor within both the city limits and the
➢
SH 330
ETJ. The pipeline will include a maximum operating pressure
➢
Wade Road
of 2160 PSI, a minimum test pressure of 1440 PSI, and have
➢
➢
Cedar Lane
Cedar Bayou Lynchburg Road
minimum yield strength of 50,000 PSI. The carrier pipe has an
Y 9 P P
➢
John Martin Road
outside diameter of 20.000 inches and a wall thickness of
➢
Garth Road
0.0.500 inches. The will be API 5L X 60 ERW pipe with a MLS
➢
North Main Street
fusion bond epoxy coating under the roads.
➢
Crosby Cedar Bayou Road
➢
IH 10
➢
Sjolander Drive
➢
Pine Lake Lane
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 27`s
day of October 27, 2011, 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. 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 October 2011.
Jose A. Pastrana, P.E.
Director of Engineering
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Permit Number;
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 remedies
accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to
insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder onto
exercise any right or remedy occurring as a result of any future default or failure of performance.
Tlus Agreement steal l 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 tern of this Agreement, which shall continue in
full force and effect.
The officers executing this Agreement on behalf of the parties hereby represent that such officers have
frill authority to execute this Agreement and to bind the party he/she represents.
SIGNED this day of
PERMITTEE
ETC NGL TRANSPORT, LLC
Company Name
uthorized Officer
Name
Q? trrl�ftrai p i
Title l Q
Indemnity Agreement, Page 2
Permit Number;
CITY Or BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCI-I, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
Before m l�nrau\&Per5 , the undersigned notary _public, on this day personally
appeared 'l , in his/her capacity as cY . VI° pis of
�tL7r�CnS��ur�- l u L , on behalf of such corporation �L�✓
J_ known to me;
proved to me on the oath of ; or
proved to me through his/her current _
{description of identification cat l or other document issued by the federal government orally
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 tinder my hand and seal of office this -o' day of 201
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Indemnity AUegcntent, Pago 3
of Lol)L ii i %gj�40-�
Notary Public in and for (lie State of Texas
."'�► "',
DONN=IWIALTERS
Notary PuMy CoMat
c:Hdh2 U. ntcrgcncympntLPcnniticclndcmnity .Agrccmcnl
Indemnity AUegcntent, Pago 3
of Lol)L ii i %gj�40-�
Notary Public in and for (lie State of Texas