Ordinance No. 11,964ORDINANCE NO. 11,964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT AND A PIPELINE PERMIT TO HSC
PIPELINE PARTNERSHIP, LLC, TO INSTALL ONE NEW 20 -INCH
PIPELINE; 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, HSC Pipeline Partnership, LLC, has submitted a pipeline application to
install one new 20 -inch 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 HSC Pipeline Partnership, 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 contingent upon receipt of FIFTY -FOUR THOUSAND ONE
HUNDRED TEN AND 36/100 DOLLARS ($54,110.36), the City Council of the City of
Baytown, Texas, hereby grants an easement to HSC Pipeline Partnership, LLC. 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 the grant of the easement authorized in Section 1 hereof
and to the receipt of the bond specified in Section 3 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 HSC Pipeline Partnership, LLC, for the new
pipeline described therein and authorizes and directs the Director of Engineering to execute such
permit.
Section 3: That, subject to the grant of the easement authorized in Section 1 hereof
and to the 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 HSC Pipeline Partnership, 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 the affirmativ ote of the City Council of the
City of Baytown this the 14th day of June, 2012.
eIgNACIO RAMIREZ, SR., C Attorney
H. DONCARLOS,
\ \Cohfs0l \legal \Karen \PileslCity Counci1\0rdinances\2012Uune 14\ NewPipelinePemit4HSCPipelinePartnershipLLC201nch .doc
Exhibit "A"
EASEMENT AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This Easement Agreement (the "Agreement "), dated , 2012, is
between City of Baytown Texas, whose mailing address is 2401 Market Street, Baytown, Texas
77520 (hereinafter referred to as "Grantor", whether one or more), and HSC Pipeline
Partnership, LLC., whose mailing address is 1 100 Louisiana, Suite 1000, 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 /100 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 non - exclusive twenty
foot (20') wide easement (the "Easement ") in order to construct at any time, operate and
maintain two pipelines, each not to exceed thirty -six inches (36 ") in nominal diameter and any
appurtenant facilities (the "Pipelines ") 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 in 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 at any time,
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, the Pipelines, for the
transportation of oil, natural gas, natural gas liquids, hydrocarbon liquids 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 Pipelines 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 Pipelines by using the Horizontal Directional
Drilling method to minimize surface disturbance, and have the right to maintain and
change slopes of cuts and tills to ensure proper lateral and subjacent support for and
drainage for the Pipelines and appurtenant facilities related to this pipeline project;
provided such construction, maintenance, and changes to not adversely afTect the
Easement Agreement, Page 1
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 each of the Pipelines 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 each of the Pipelines 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 Pipelines, across the Easement Property which do not damage,
destroy or alter the operation of the Pipelines and 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 Pipelines, 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 Grantors use of the Easement Property as a public park
or for other municipal purposes. 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
Easement Agreement, Page 2
is being acquired may be placed, erected, installed or permitted upon the 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 Pipelines
or to remove possible hazards 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 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 which 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.
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 Pipelines 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.
Easement Agreement, Page 3
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 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 Agreement 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.
17. This 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 Agreement.
18. All notices given under this Agreement shall be in writing and shall be deemed given
and received on the next business day when sent by overnight delivery service, or on the
third postal business day after postmarked when sent by Certified Mail, Return Receipt
Requested, to the following notice addresses of the party intended to receive it:
Notices to Grantor shall be sent to:
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Notices to Grantee shall be sent to:
HSC Pipeline Partnership, LLC
Easement Agreement, Page 4
Attn: Land Dept.
P.O. Box 4324
Houston, Texas 77210 -4324
Either party may change its notice address to an address in the continental United States
by written notice to the other pursuant to this paragraph, given at least fifteen (15) days
before the other party shall be required to abide by the change.
EXECUTED this day of June, 2012.
GRANTOR
CITY OF BAYTOWN
In
Robert D. Leiper, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
The foregoing instrument was acknowledged before me this day of June, 2012, by
Robert D. Leiper, as City Manager of the City of Baytown, Texas, on behalf of the City of
Baytown, Texas
My Commission Expires:
Easement Agreement, Page 5
Notary Public in and for the State of Texas
(Print Name of Notary Public)
EXECUTED this day o0une, 2012.
GRANTEE
HSC Pipeline Partnership, LLC
By:
(Signature)
"ERR, Q
(Printed Name)
Title)
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF HARRIS
A The foregoing. instrument was acknowledged efore me this lai of June 2012, by
r n� as ` of the
�{ ` �� =.� .s.- �a�•✓l LLB, on behalf of
My Commission Expires: Lo 7/o1Q/�
��o;;!;� ►g;;�, REBECCA SUE SISSON
3 +•' a Notary Pi,Ulic, State of Texas
3 •
My Commission Expires
''••',;�o���;,'` October 01, 2014
Notary Public in and for the State of Texas
(Print Name of Notary Public)
11cob1's•OI11ega11Karenll --ilcs\Emergency ManagemenAllipeline fasementsWity of fiaytoun 6-5 -12 Red f.inefinal.doc
Easement Agreement, Page 6
Eagle Ford Baytcwn to Mont Belvieu
Alvin to Mont Belvieu East Storage
Tract* TX -HR- 0314.00000
Harris County, T -zxas
EXHIBIT "A1"
CENTERLINE DESCRIPTION FOR
PROPOSED 20' WIDE PERMANENT R/W & EASEMENT
ACROSS CITY OF BAYTOWN
June 01, 2012
Centerline description for a proposed 20' wide permanent right -of -way and easement, extending
over, through, along and across a called 30.00 acre tract of land, being part of Lots 7 and 8, Block
21 of Highland Farms Subdivision, as per map recorded in Volume 7, Page 60. Harris County Map
Records, said part of Lot 8 being all of Lots 11 through 23 and the Northerly 38.5 feet of Lot 24,
Block 9 of the East End Addition to Highland Farms, as per map recorded in Volume 15, Page 60,
Harris County Map Records, said 30.00 acre tract being recorded in Volume 8511, Page 304, Film
Code No. 131 -28 -1188, Deed Records of Harris County, Texas, said tract being situated in the
E.T. Schaffer Survey, Abstract 1224, 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 South property line of said 30.00 acre tract, said "POINT OF
BEGINNING" being South 77 034'22" West, a distance of 366.8 feet from a 1" iron pipe found at the
Southeast corner of said 30.00 acre ' tract, said "POINT OF BEGINNING" having coordinates
N= 13,852,988.02, E= 3,247,104.53;
THENCE, along a line 12.3 feet Southeast of and parallel to an existing Texas Eastern 30"
pipeline, North 58 040'43" East, a distance of 387.4 feet the POINT OF EXIT in the East property
line of said 30.00 acre tract of land, said "POINT OF EXIT" being North 12 033'39" East, a distance
of 125.5 feet from a 112" iron ,pipe found at the Southeast corner of said 30.00 acre tract of land,
said "POINT OF EXIT" having coordinates N= "3,853,189.41, E= 3,247,435.48.
Total Distance: 387.4'
Total Rods: 23.48
Plat attached.
Fred P. Langham
3496134962100
R.P.L.S. No. 4215
� s
_.., _... - 1 ^ �t71'1 i
y, r9.i4
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Eagle Ford Baytown to Mont Belvieu
Alvin to Mont Belvieu East Storage
Tract #: TX- HR- 0314.00000
Harris County. Texas
EXHIBIT "B1"
CENTERLINE DESCRIPTION FOR
PROPOSED 20' WIDE PERMANENT R/W & EASEMENT
ACROSS CITY OF BAYTOWN
June 01, 2012
Centerline description for a proposed 20' wide permanent right -of -way and easement, extending
over, through, along and across part of the North '/ of a called 61.05 acre tract of land, as
recorded in Document No. J380415, Film Code No. 074 -81 -1205, Official Public Records of Real
Property of Harris County, Texas, said tracts being situated in the H. F. Gillett Survey, Abstract
297, 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 West property line of North Y of a called 61.05 acre tract of land, said
"POINT OF BEGINNING" being North 11 °19'57" West, a distance of 47.9 feet from a 1" iron rod
found at the Southeast corner of said 30.00 acre tract, said "POINT OF BEGINNING" having
coordinates N= 13,853,189.41, E= 3,247,435.48;
THENCE, along a line 12.3 feet Southeast of and parallel to an existing Texas Eastern 30"
pipeline, North 58 °40'43" East, a distance of 144.8 feet to a point of a curve to the right;
THENCE, 891.3 feet along said curve to the right having a radius of 3,000 feet, a delta angle of
17'01'23 ", and a chord bearing of North 67'11'25" East, 888.1 feet to a point;
THENCE, along a line 12.3 feet Southeast of and parallel to an existing Texas Eastern 30"
pipeline, North 75 °42'06" East, a distance of 75.6 feet to the POINT OF EXIT in the East property
line of said North Y of a 61.05 acre tract of land, same being the West right -of -way line of North
Main Street, said `POINT OF EXIT" being South 02 007'37" East, a distance of 166.4 feet from a
1/2" iron rod found at the Northeast corner of said North Y2 of a 61.05 acre tract of land, said
"POINT OF EXIT" having coordinates N= 13,853,627.02, E= 3,248,451.03.
Total Distance: ",108.5'
Tctal Rods: 67.13
Plat attached.
Fred P. Langham
349613496210) -1
R.P.L.S. No. 4215
HARRIS COUNTY, TEXAS
E.T. SC HAFFER SURVEY, A -1224
l
0
ct.
1
TX —HR- 0314.00000
City of 8a vto wn
Called 30.00 Acre Tract
Part of Lots 7&8, Blk 21, Highland Forms Sub.
t (Vol. 7. Pg. 60, Harris County Map Records)
Part of Lot 8, Being All 2f Lots 11 -23 &
1 Northerly 38.5' Lot 24, 81k 9, East End Addition
To High/ond Farms Sub.
(Vol. 15, Pg. 60, Hams County Map Records)
Volume 8511, Page 304
F7m Code No. 131-28 -1188
1 Deed Records of Hcrris County
t
n �
1
o j
0
a �
SEE DETAII
12.3'
Exist Texas Eastern
30" Pipeline,
Proposed 20' d@
` Permanent R/W & Easement
Fnd. 1- l
Iron Pipe R'
1, Lucien C Schaffer Jr., Do Hereby Certify That
This Plat Reflects ,;y>; a Wade On the Ground
Under rlk�w, {slc . ng January &
�
,t� , � �O'• ate`\
P.O.B.
Mima)
[,I
7X —HR- 0314.00000
City of Baytown
POINT OF EXIT
N 12'33'39'
125.5'
I 34'22 Fnd. 1"
r S 3go.8' Iron Pipe
7X —HR- 0313.00000
Exxonhlobil
Pipeline, Co.
Propcsed Acditional ' 10'
Temporary POINT OF EXIT
Work space ! 1
65'
"�! /�
Proposed 20 N 15' , i de ; 65'- . , 1�� Fnd. 1"
Wide Permanent R/W ,L'y : ; ,v; , Iron Pipe
& Easement Proposed Temporary
Work Space
P.O. B.
$ Registered Professional Land Surveyor No. 4215
•' NOTES:
$ 1. Bearings and coordinates are based
n an the Texas Coordinate System, South
Central Zone, NAD 33 in feet.
n 2. Description Attached.
U
s
;
3 06/12
REVISED EASEMENT
Gdu
2 04/12
REVISED EXHIBIT
C�
$
1 03/12
REVISED EXHIBIT '8'
Cdc/
c
N0. DATE
REVISION
BY
GULLETT & ASSOCIATES,
INC.
L"A
7705 S. LOOP E HOUSTON. TEXAS
77012
- (713) 644 -3219
D_ Exhibit
Scale: 1" = 200'
Total Distance: 387.4'
7.13. 4891, P s. 37 -46 Total Rods: 23.48
HSC PIPELINE PARTNERSHIP, LI.0
HOUSTON, TEXAS
BY6 EGB DATE: 03 '• 2 A-3496-01 0
8Y G&A DATE: 03/12
1" =200' W.O. ICAD FIM 34grNinn 7rpry
HARRIS COUNTY, TEXAS
H. F. GILLETT SURVEY, A -297
TX—HR-0314.00000
Fnd. 1 /2"
City Of Bolown Iron Rod
Part of the North 1/2
of a Called f,1.05 Acre Troct
Document No. J380415
Film Code No. 074-81-1205 n t' N'S�5�66" 1
Exist. Texas Eastern
30" Pipeline
Chain Link Hull 10,
C X— .0 Fence Inlr � I
R = 3,000.0'
City of Baytown r1(111 �� � L — 891.3' Cr
fi„I,I ��� A = 17'01'23'
CH- N 67' 11'25" E
N 58"40'43" E
144.81 R.�
P.O.B. eu 12.3' Chain Link�f
N =13.853,189.41 Fence
E= 3,247,435.48
Proposed 20' Wide
Permanent R/W do Easement
N 11' 19'57" W
47.9'
1, Fred P. Longhorn, Do Hereby Certify That
This Plat Reflects a Survey Mode On the Ground
Under my Supervision During Jcnuory & February, 2011.
Fred P. Langhom
Registered Professional Land Surveyor No. 4215
Fnd. 1 /2"
Iron od
S 02'07'37' E
166.4'
POINT OF EXIT
N- 13,853,627.62
TX —HR- 0314.00010
North Main Street, R/W
Exhibit "B2"
Notes:
1. Bearings and coordinates are based on the Texas
Coordinate System, South Central Zone, NAD 83 in feet. F.B. 4891, P s. 37 -46 Total Distance.: 1,1�R.5'
2. Description Attached. Total Rods: 67.18
4 06/12 REVISED EASEMENT HS�C PIPELINE PARTMERSHIP9 LLC
3 04/12 RE
cAeA HOUSTON, TEXAS
EXHIBIT G&A
z os 1z REVISED EXHIBIT 'B• OVA EAGLE FORD BAYTOWN TO PONT BELViEU
1 09/11 REVISED EASEMENT do WORK SPACER ALVIN TO MONT BELVIEU EAST STORAGE
NO. DATE REVI PROPOSED 20 WIDE PERMANENT R/W & EASEMENT
BY ACROSS CITY OF BAYToOWN
GULLETT & ASSOCIATES, INC. DRAWN BY: EGB DATE: 03/12
7706 S. LOOP E. HOUSTON, TEXAS 77012 CHECKED BY: GA DATE: 03 12 CA- 3496 -01 0
I!`�1 713 644 -3219 SCALE 1 -Inn— lwo , CAD nLE: 349621 OD -1 REv. 4
EXHIBIT B Pipeline Permit Number: P -12 -01
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
HSC Pipeline Partnership LLC
Address:
City:
State:
Zip:
P.O. Box 4324
Houston
Texas
77210 -4324
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:
Webster, TX
Pipeline Destination Point:
Mont Belvieu, TX
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢
Bayway Drive
The points at which the pipeline will run or cross any Public
➢
John A Street
Way are depicted in Exhibit "B," which is attached hereto and
➢
➢
Park Street
Ashby Street
incorporated herein for all intents and purposes.
Description of Pipeline:
➢ Emmett Hutto Boulevard
➢
Garth Road
The 20 -inch pipeline used to transport natural gas liquids, in
Baker Road
an existing pipeline corridor within both the city limits and the
➢
Cedar Bayou Lynchburg Road
ETJ. The pipeline will include a maximum operating pressure
➢
➢
North Main Street
Barkaloo Road
of 1480PSI, a normal operating pressure of 1400 PSI. The
p 9 P
carrier pipe has an outside diameter of 20.000 inches and a
wall thickness of.0.500 inches. The will be API 5L X 60 pipe
with a MILS ARO coating, and MILS FBE Coating.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 120,
day of June 2012, 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 June 2012.
Jose A. Pastrana, P.E.
Director of Engineering
FAKarenWileslEmergency ManagementTipeline Regulatory Fortns llnvistaPipelinePermit.doc
Exhibit "A"
Permit Number: IC2,01
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
For and in consideration of the City of Baytown issuing a pen-nit in accordance with Chapter 34
"Environment," Article V "Hazardous Substances, Liquids and Gas Pipelines'' of the Code of Ordinances of the
City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received,
G ' e [;Pre Ue, a corporation authorized to do business in the State of Texas,
hereinafter ° Permittee," hereby afire s as follows:
PERMITTEE 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, DAMAGES, CAUSES
OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS'
FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR
DAMAGE TO ANY PROPER'T'Y, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL
OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN,
WHERE SUCH INJURIES, .DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH PERMITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND
DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND /OR (II) PERMITTEE'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, 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
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnity Agreement, Page 1
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 or to
exercise 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 snaking
and the place ofperformance 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 force and effect.
The officers executing this Agreement on behal f 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 day cif
PERM ITTEE
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13 S G p �e1; .� PjA �-rc r sh p L L C
Compa y Name
Signature of Authorized Officer
Kam D. o6,j seal
Printed Name
k,e,J i A tz� r� -c
�-Y
T,it— i , -�
Indemnity Agreement. Page 2
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