Ordinance No. 11,948ORDINANCE NO. 11,948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT TO DCP SAND HILLS PIPELINE,
LLC; MAKING OTHER PROVISIONS RELATED THERETO; 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 contingent upon receipt of FOUR THOUSAND SIX HUNDRED
NINETY AND NO 1100 DOLLARS ($4,690.00), the City Council of the City of Baytown,
Texas, hereby grants an easement to DCP Sand Hills Pipeline, LLC. 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 affirmativq�dote of the City Council of the
City of B's the 24`b day of May, 2012. r
[11-41 mos".
Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' Attomey
\\Cobf,0FJ,a1\K.MFi1.\City C..d1\0,di..mU012Pday 24 \EammantmCPSandn %Pip h. d.
Exhibit "A"
EASEMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF HARRIS §
This agreement, dated . 2012, is between the City of
Baytown Texas, whose mailing address is 2401 Market Street, Baytown, Texas
77520 (hereinafter referred to as 'Grantor", whether one or more), and DCP Sand
Hills Pipeline LLC, whose mailing address Is 5718 Westheimer Rd., Suite 1900,
Houston, Texas 77057, 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 /100 Dollars ($10.00) and other good and valuable consideration, and
the receipt and sufficiency of which are hereby acknowledged, Grantor hereby
grants, sells and conveys unto Grantee a non - exclusive thirty foot (301 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:
Block AA, Lot 9 of BROWNWOOD SUBDIVISION, a recorded subdivision in Harris
County, Texas, according to the map or plat thereof recorded at Vol. 14, Page 61, of
the Map Records of Harris County, Texas.
All of Lot Ten (10) and a part of Lot Eleven (11) in Block "AA" of BROWNWOOD
SUBDIVISION of Wooster, a subdivision of a portion of the Nathaniel Lynch Survey
In Harris County, Texas, according to the map or plat thereof of record In Volume 14
at Page 61 of the Map Records of Harris County, Texas.
A strip of land 15.00 feet in width out of Lot Eleven (11) Block "AA' of
BROWNWOOD SUBDIVISION of Wooster, a subdivision of a portion of the Nathaniel
Lynch Survey in Harris County, Texas, according to the map or plat thereof of record
In Volume 14 at Page 61 of the Map Records of Harris County, Texas.
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, and 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
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 associated 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.
S. Grantor may use the Easement Property for any and all purposes not inconsistent
with the purposes set forth in the Easement. Grantor's uses may include but shall
not be limited to using the Easement Property for agricultural open space, set -back
density, street, roadways 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
2
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 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.
B. 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.
3
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 o 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 my 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. If at any time after the execution hereof, the Pipeline is determined by the Grantor to
interfere with the construction, maintenance or repair of any public way or municipal
utilities or for reasons of public safety and welfare, the Pipeline shall be changed or
altered promptly by the owner and/or operator of the Pipeline in such a manner as to
interfere no longer with such construction, maintenance, repair or the safety of the public.
The cost and expense of such change or alteration shall be bome by the Grantee.
14. This easement shall be Interpreted in accordance with the laws of Texas and all
applicable federal laws.
15. 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.
16. 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
4
upon their respective heirs, representatives, successors and assigns. Facsimile
signatures shall be deemed as an original signature by the enforcing party.
17. 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.
[SIGNATURE PAGES TO FOLLOW]
5
EXECUTED this day of 2012.
GRANTOR
CITY OF BAYTOWN
By:
Name:
Title:
State of TEXAS §
County of HARRIS §
The foregoing instrument was acknowledged before me this day
of . 2012, by . as
of the'City of Baytown, Texas, on behalf
of the City of Baytown.
My Commission Expires:
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
Serial No.
6
EXECUTED this .day of 2012.
GRANTEE
DCP SAND HILLS PIPELINE, LLC.
By: �.
Name:
Title: Attorney-in- Fact
State of TEXAS §
County of HARRIS §
The f regoing instrument was acknowledged before me this 15:�!X- day of
2012, by DCP Sand Hills Pipeline, LLC, on behalf of the limited
liability company.
Notary Public in and for the State of Texas
• ly. � Michael Ray McMusien
10 051201 Commission Erpues
,ao�zo,s =dkexoe 9.
(Print Name of Notary Public Here)
Serial No. j alb7'70 J?Q -'7
My Commission Expires: Cno-S:: a6l�
F
EXHIBIT "A"
DCP SAND HILLS PIPELINE, LLC
CITY OF BAYTOWN
NATHANIEL LYNCH SURVEY, A44
HARRIS COUNTY, TEXAS
CENTERLINE DESCRIPTION OF A PROPOSED 20" PIPELINE
Being a centerline description of a proposed 20" pipeline situated in the Nathaniel
Lynch Survey, A -44, Hams County, Texas, and being upon, over. through and across that
certain tract of land conveyed to City of Baytown (Tract 1), as recorded under Harris
County Clerk's File No. J439464, that certain called 0.11 -acre tract of land conveyed to
City of Baytown (Tract 2), as recorded under Hams County Clerk's File No. J439464 and
that certain tract of land conveyed to City of Baytown (Lot 9) in I larris County Clerk's
File No. L440298, and being more particularly described as follows with the bearings and
coordinates shown hereon being based on the Texas State Plane Coordinate System, South
Central 'Lone (NAD -83) (CORS) with a combined scale factor of 0.99989659, and all
distances being surface distances:
COMMENCING at a 5/8 4nch iron rod found in the southeast line of a called
0.1198 -acre tract of land conveyed to Occidental Chemical Corporation, as recorded under
Harris County Clerk's File No. F407998, also being a northwest corner of said City of
Baytown (Tract 1);
Ti IENCE with the southeast line of said 0.1198 -acre tract of land and with a
northwest line of said City of Baytown (Tract 1), South 450 53' 41" West, a distance of
94.29 feet to an angle point;
THENCE with the west line of said City of Baytown (Tract 1), South 16' 06' 56"
East, a distance 24.73 feet to the southwest corner of said 'Tract l and the northwest corner
of said City of Baytown (Lot 9);
THENCE with the west line of said City of Baytown (Lot 9) South 03' 51' 18"
East, a distance of 39.44 feet to the POINT OF BEGINNING of the herein described
centerline, said point having a Texas State Plane grid coordinate of N= 13.843,269.29
E= 3,221,499.77;
THENCE North 48° 23' 10" East, a distance of 58.29 feet to a 1/2-inch iron rod set
for an angle point;
THENCE North 42' 30' 45" East, a distance of 162.85 feet to the POINT OF
TERMINATION of the herein described centerline, said centerline having a total length of
221.14 feet, or 13.40 rods; _
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: CU601
Date: 02/14/12
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EASEMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF HARRIS §
This agreement, dated MN a9 , 2012, is between the City of
Baytown Texas, whose mailing address is 2401 Market Street, Baytown, Texas
77520 (hereinafter referred to as "Grantor", whether one or more), and DCP Sand
Hills Pipeline LLC, whose mailing address is 5718 Westheimer Rd., Suite 1900,
Houston, Texas 77057, 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/100 Dollars ($10.00) and other good and valuable consideration, and
the receipt and sufficiency of which are hereby acknowledged, Grantor hereby
grants, sells and conveys unto Grantee a non-exclusive 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:
Block AA, Lot 9 of BROWNWOOD SUBDIVISION, a recorded subdivision in Harris
County, Texas, according to the map or plat thereof recorded at Vol. 14, Page 61, of
the Map Records of Harris County, Texas.
All of Lot Ten (10) and a part of Lot Eleven (11) in Block "AA" of BROWNWOOD
SUBDIVISION of Wooster, a subdivision of a portion of the Nathaniel Lynch Survey
in Harris County, Texas, according to the map or plat thereof of record in Volume 14
at Page 61 of the Map Records of Harris County,Texas.
A strip of land 15.00 feet in width out of Lot Eleven (11) Block "AA" of
BROWNWOOD SUBDIVISION of Wooster, a subdivision of a portion of the Nathaniel
Lynch Survey in Harris County, Texas, according to the map or plat thereof of record
in Volume 14 at Page 61 of the Map Records of Harris County, Texas.
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,
1 r(
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, and 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
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 associated 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 the Easement. Grantor's uses may include but shall
not be limited to using the Easement Property for agricultural open space, set-back,
density, street, roadways 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
2
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 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.
3
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 o 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 my 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. If at any time after the execution hereof, the Pipeline is determined by the Grantor to
interfere with the construction, maintenance or repair of any public way or municipal
utilities or for reasons of public safety and welfare, the Pipeline shall be changed or
altered promptly by the owner and/or operator of the Pipeline in such a manner as to
interfere no longer with such construction, maintenance, repair or the safety of the public.
The cost and expense of such change or alteration shall be borne by the Grantee.
14. This easement shall be interpreted in accordance with the laws of Texas and all
applicable federal laws.
15. 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.
16. 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
4
upon their respective heirs, representatives, successors and assigns. Facsimile
signatures shall be deemed as an original signature by the enforcing party.
17. 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.
[SIGNATURE PAGES TO FOLLOW]
5
EXECUTED this ' day of ony 2012.
GRANTOR
CITY OF BAYT N
7-
7---
By: •_,,Cr ....---
Nam . GI) gat-'
• 71/
Title: ,e__ZZ1 ( / a p t
ACKNOWLEDGEMENT
State of TEXAS §
§
County of HARRIS §
The foregoing instrument was acknowledged before me this o4 day
of Al 2012, by �//A! G. 7RoL �L , as
AGTIN any MA 9-GEk ,of the City of Baytown,Texas, on behalf
of the City of Bayt6wn.
Notary 'c i d f he Sta f Texas
6:4rj�, CHRIStINE SANDIIN CHR sn E (S/1%IDLI#1
` "C Notary Public,State of Texas
�;� My Commission Expires (Print Name of Notary Public Here)
,,'��;;E`.� November 08, 20!4
Serial No. D!I 7I1 J/-9
My Commission Expires: I I "Og "aopr
6
EXECUTED this �f /day of /26 , 2012.
GRANTEE
DCP SAND HILLS PIPELINE,LLC.
By: �.
Name:Jed C. Franzen
Title: Attorney-in-Fact
ACKNOWLEDGEMENT
State of TEXAS §
County of HARRIS §
The foregoing instrument was acknowledged before me this /QI day of
11i7i94 , 2012,by DCP Sand Hills Pipeline, LLC, on behalf of the limited
liability company.
Notary Public
�in�and fo thJl e St to/��/o//ff TLex�/a/%$�,,
?. Michael Ray McMullen
�a. Y�,y My Commission Expires , �lr�te//► W��/V jU
of le 10/05/2015
(Print Name of Notary Public Here)
Serial No. /&5 7 74 3e11 - 7
My Commission Expires: /d -56
7
EXHIBIT"A"
DCP SAND HILLS PIPELINE, LLC
CITY OF BAYTOWN
NATHANIEL LYNCH SURVEY, A-44
HARRIS COUNTY, TEXAS
CENTERLINE DESCRIPTION OF A PROPOSED 20"PIPELINE
Being a centerline description of a proposed 20" pipeline situated in the Nathaniel
Lynch Survey, A-44, Harris County, Texas, and being upon, over, through and across that
certain tract of land conveyed to City of Baytown (Tract 1), as recorded under Harris
County Clerk's File No. J439464, that certain called 0.11-acre tract of land conveyed to
City of Baytown (Tract 2), as recorded under Harris County Clerk's File No. J439464 and
that certain tract of land conveyed to City of Baytown (Lot 9) in Ilarris County Clerk's
File No. L440298, and being more particularly described as follows with the bearings and
coordinates shown hereon being based on the Texas State Plane Coordinate System, South
Central Zone (NAD-83) (CORS) with a combined scale factor of 0.99989659, and all
distances being surface distances:
COMMENCING at a 5/8-inch iron rod found in the southeast line of a called
0.1198-acre tract of land conveyed to Occidental Chemical Corporation, as recorded under
Harris County Clerk's File No. F407998, also being a northwest corner of said City of
Baytown(Tract I);
TIIENCE with the southeast line of said 0.1198-acre tract of land and with a
northwest line of said City of Baytown (Tract 1), South 45° 53' 41" West, a distance of
94.29 feet to an angle point;
THENCE with the west line of said City of Baytown (Tract 1), South 16' 06' 56"
East, a distance 24.73 feet to the southwest corner of said Tract 1 and the northwest corner
of said City of Baytown (Lot 9);
THENCE with the west line of said City of Baytown (Lot 9) South 03` 51' 18"
East, a distance of 39.44 feet to the POINT OF BEGINNING of the herein described
centerline, said point having a Texas State Plane grid coordinate of N=13,843,269.29
E=3,221,499.77;
THENCE North 48°23' 10"East, a distance of 58.29 feet to a 1-/2-inch iron rod set
for an angle point;
THENCE North 42` 30' 45" East, a distance of 162.85 feet to the POINT OF
TERMINATION of the herein described centerline, said centerline having a total length of
221.14 feet, or 13.40 rods;
Compiled By: OFF
Weisser Engineering Company (04" *E'�o19N
19500 Park Row, Suite 100
Houston,Texas 77084 l:ita! .-..«
Job No.: CU601 6202 P 4
Date: 02/14/12 O%t80�-t)
HARRIS COUNTY, TEXAS
NATHANIEL LYNCI I SURVEY, A-44
OCCIDENTAL CHEMICAL CORPORATION /TOP Or LAM CITY OF BAYTOWN
J 0.4461 ACRE EDGE •nr wog.-_.. _
OCCIDENTAL CHEMICAL - H.C.CF. No. F47431 au;UPLYIr;LNtRGY 0.11 ACRE
CORPORATION (FEE) Cas;nr TRACT 2
0. ACRE
N.C.C.FiNo. F407998 I• / _ , H.C.C.F. Na J439464
(FEE) r 3< N.
1 )F D 5/8-;RO' i c 1 /
S CVO'w /,- '' CITY OF BAYTOWN
• GULF COAST PIPELINE, L.P. r�I / TRACT 1
0 30'EASEMENT �, ��� Paw Ar NJWN 4770N H.C.C.F. NO. J439464
,pry 0.1433 ACRE `..i�,
Gr- H.C.C.F. No. V942673 , / ' (FEE)
s 16D656"E 24,73' I. N 42'30'45" E 16285' "et- 3 l
of
�ff�rt• M f/ I, €+��PROPOSED 2�0''�DCP/�-/-�-% x /�/'/y BAYTOWN
S WJI'tv E 44' /�J • �_—:0'Gf:F H'A;fR S4NO HILLS RPEI N�y LL{► �- cm OF LY1/IVIII�
c....
� �*Op Of tZWK� LOT 9
N 48'23'10" E 58.29' H.C.C.F. NO. L442098
,� POINT OF ar +� O
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i r / N FXX.ST B!,CKFrFAlE -
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r. H455 J, HEAMNS•S THE TEXAS SAIL r;ANE
CAIRONATr;o rr,I,MAO 83,:ADTH Cr117RA: /ONE
2 SV%YE YOR HAS UADE NO,NWEST/LJA70N OR IYDEF1l+C,1
.` SEARCH FOR EASEAEINTS,CNC;;MBRA.NCCS, OR ANY 0;,^r7 //
� `',�� FACTS THAT AN ACCURATE MAD CURRENT T;7EE SEARCH kAI 10 P/PEL/NE CENTERL/NE
---'''' ,1 J 0�- ��, CdSCLOSE.
/' � ... • T7<' �, DESCR/PT/ON
1 %"" r F' ,�\ 3 Ail BEARNGS A,SD COORDINATES ARE GRID EASED ON
A, • x, • A nl4.•,.I- `\A\ THE TfxAS COCRrANATE SYSTCM OF 7983!CORS),SOUTH
n;v \ CENTRAL IONC, CPO FACTOR=0.99989555,AU 01STANCES SITUATED IN THE
/ '); Q- •.LP '� ARC'SURFACE;TSU.CES
�\
A.All Oe.-.9RFATA CHEI4'CAI CORPORATAM, TRICTS SHOWN' ' CITY OF BAYTOWNPROPERTY
J. M. TUCK,R IrRFON riiRE FORM-FIT TrAsi r n SHAURC,Cl<C(PPOP.AT'T:.
\ o ^^,2 s.NI P;:PrrNTe TNT W/7/2 IRON ROD. NATHANIEL LYNCH SURVEY, ABSTRACT NO. 44
,< �v,:01 HARRIS COUNTY, TEXAS
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C%NTERLINE LENGTH. 22 1.i 4' ICI WEISSER
• JAMES .M TUCKER PSTANCES ARE SURFACE) Engineering Co. .,
t.-rEO r'RCFEss'"JAL LAND S URYEYOR ;5 EXHIBIT B„
1S C 'ark F.�,: ��te JU
irXAS RECSTRATvN NO. 500E 73 Houston, TeaosV7708A
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