Ordinance No. 11,975ORDINANCE NO. 11,975
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EASEMENT AND A PIPELINE PERMIT TO LONE
STAR NGL MONT BELVIEU LP 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, Lone Star NGL Mont Belvieu LP 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 Lone Star NGL Mont Belvieu LP, 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 FOURTEEN THOUSAND FOUR
HUNDRED FORTY -EIGHT AND NO 1100 DOLLARS ($14,448.00) the City Council of the
City of Baytown, Texas, hereby grants an easement to Lone Star NGL Mont Belvieu LP. 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 4 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 Lone Star NGL Mont Belvieu LP 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 4 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 Lone Star NGL Mont Belvieu LP corresponding to the pipeline.
Section 4: That the City Council of the City of Baytown hereby establishes FIVE
MILLION AND NO /100 DOLLARS ($5,000,000.00) 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 affirmative( ate of the City Council of the
City of Baytown this the 28h day of June, 2012. i
0
C /?;
PH
ACIO RAMIREZ, SR., City Attorney
DONCARLOS,
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Exhibit "A"
EASEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This 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 Lone Star NGL Mont Belvieu LP, 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 1100 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 non - exclusive 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 Exhibit "A" ( "the Easement Property "). Said Easement lying and being in lands owned
by the Grantor, said lands being described as follows in such exhibits, which are attached hereto
and incorporated herein for all intents and purposes.
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 Iocated 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
Easement A eg er ment, Page 1
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 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
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
is being acquired may be placed, erected, installed or permitted upon the Permanent
Easement Property without the written permission of Grantee, which permission shall
Easement Agreement, Page 2
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.
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,
Element Agreement. Page 3
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 Agreement 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 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 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 , 2012.
GRANTOR
CITY OF BAYTOWN
Robert D. Leiper, City Manager
Easement Agreement. Page 4
ACKNOWLEDGMENT
S'L'ATE OF TEXAS §
COUNTY OF 14ARRIS
The foregoing instrument was acknowledged before me this day of
, 2012, by Robert D. Leiper, as City Manager of the City of
Baytown, Texas, on behalf of the City of Baytown, Texas.
Notary Public in and for the State of Texas
(Print Name of Notary Public)
My Commission Expires:
EXECUTED this day of , 2012.
GRANTEE
Lone Star NGL Mont Belvieu L13
6 P `tom.,
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By: _-.-
(S' nature)
(Printed Name)
Yl -Lev /f
(Title)
Easement Aarccmcnt, Pagc 5
ACKNOWLEDGMENT
State of Texas §
County of Harris §
The foregoing instrument was acknowledged before me this -2 d1 day of May, 2012, by
Robert Rose, VP of Land and Right of Way, Lone Star NGL Mont Belvieu GP LLC, General
Partner of Lone Star NGI.. Mont Belvieu LP, a Delaware limited partnership, on behalf of the
limited partnership.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this z G1
day of May, 2012.
My Commission L- 'xpires: (--� t - k ` - *Zd 15
Notary Public in and f r the State of Texas
(Print Name of Notary Public)
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February 7, 2012
STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT "A"
TRACT NO. TX- HA -063CO
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 that certain land described In deeds recorded under Clerk's File
No. M484138 Official Public Records of Real Property, Volume 3333 Page 683 of Hams County
Deed Records (see City of Baytown Ordinance 43.075 pertaining to acquiring the property of
abolished W.C.I.D.), and Volume 7681 Page 160 H.C.D.R., situated in the Harvey Whiting Survey,
Abstract 840, 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 East property line of the residue of that certain 2.102 acre tract
described in Volume 3333 Page 683 of Harris County Deed Records, said °POINT OF
BEGINNING" being South 03 02540° East, a distance of 116.24 feet from the calculated Northeast
comer of said 2.102 acre tract, said "POINT OF BEGINNING" having coordinates of
N= 13,851,641.12, E= 3,236,236.57;
THENCE, South 02 03743° West, a distance of 143.27 feet to a point of curvature of a curve to the
left;
THENCE, along said curve to the left having a radius of 2,400.00 feet, a length of 115.11 feet, a
delta angle of 02044'53", and a chord of South 01" 1517" West, a distance of 115.10 feet to a point
the "POINT OF EXIT ", in the South property line of the tract described in the tract recorded under
Clerk's File No. M484138, Official Public Records of Harris County, said °POINT OF EXIT" being
South 54 014'02" West, a distance of 64.72 feet from a found iron rod marking the Southeast comer
of that certain tract conveyed by deed to Kingsway Finance Corporation recorded under Clerk's
File No. E066488, Official Public Records of Real property Harris County, Texas, said GPOINT OF
EXIT„ having coordinates of N= 13,851,382.93, E= 3,236,227.48.
Total Feet: 258.38'
Total Rods: 15.66
Plat attached.
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1) All hearings And Coordinates Are Based On The
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2) Deacrlpt[On Attached.
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Scale: 1' SO
Total Feet 256.38•
TOW Rodw 1
Permanent Easement
EXHIBIT "B" 7.716 Sq. Ft. - 0.1771 Aoras
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LONE STAR NGL MONT BELVIEU LP PROJECT N0.
HOUSTON. TIM
PROPOSED 30' WIDE PROW U' W
PE1UWENT R/W do EASEMENT sM of
CITY OF BAYTOWN DIM NO.
HARRIS COUNTY. 1F�4AS CA-3860-2068 `
STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT "A"
TRACT NO. TX- HA- 060.10000
February 9, 2012
CENTERLINE DESCRIPTION FOR A PROPOSED 30' WIDE
PERMANENT RIGHT-OF-WAY & EASEMENT AND METES AND BOUNDS DESCRIPTION FOR
A 0.0838 OF AN ACRE PERMANENT EASEMENT
ACROSS CITY OF BAYTOWN
Centerline description for a proposed 30' wide permanent right -of -way & easement hereinafter
referred to as PARCEL I, and a metes and bounds description for a 0.0838 of an acre permanent
easement hereinafter referred to as PARCEL 11 extending over, through, along and across that
certain tract of land being part of Block 130, Unit D, of Elena Fruit and Cotton Farms, a plat of
which is recorded in Volume 7 Page 48 of Hams County Map Records and being conveyed by
deed to City Of Baytown recorded under Clerk's File No. W993102, Official Public Records of Real
Property (O.P.R.R.P.), Harris County, Texas, situated in the G.C. &S.F. Railroad Co. Survey,
Abstract 1017, Harris County, Texas, being more fully described as follows:
Bearings and Coordinates are based on the Texas Coordinate System, South Central Zone, NAD
83 (in feet).
PARCELI
Centerline description for a proposed 30' wide permanent easement is as follows:
COMMENCING at found 1" iron pipe marking the Northeast comer of Lot 131, Unit D of Elena Fruit
and Cotton Farms a plat of which is recorded in Volume 7 Page 48 of Hams County Map Records;
THENCE, South 86 015'29" West, at 1288.85 feet pass a found iron rod, continuing a total distance
of 1412.05 feet to the calculated Northeast comer of said City Of Baytown tract being the
centerline of Goose Creek;
THENCE, South 05'046'26" West, with the centerline of Goose Creek and the East line of said City
Of Baytown tract, a distance of 424.92 feet to an angle point;
THENCE, South 24 °58'14" East, continuing along the centerline of Goose Creek and the East line
of the City Of Baytown tract, a distance of 329.74 feet to an angle point;
THENCE, South 09 050'20" East, continuing along the centerline of Goose Creek and the East line
of the City Of Baytown Tract, a distance of 79.53 feet to the "POINT OF BEGINNING" of the herein
described centerline, said "POINT OF BEGINNING" having coordinates of N= 13,854,616.63,
E= 3,236,387.90;
Page 1 of 2
LONE STAR%3860%38602078A
TX -HA- 060.100
Page 2 of 2
THENCE, along a curve to the left having a radius of 2400.00 feet, a length of 131.29 feet, a delta
angle of 03 008'03 ", and a chord which bears South 14 °37'08" West, a distance of 131.27 feet to
the POINT OF EXIT in the East line of that certain called 3.0287 acre tract conveyed to Harris
County by deed recorded under Clerk's File No. W993102 Official Public Records of Hams County
Texas, said "POINT OF EXIT" having coordinates of N= 13,854,489.56, E= 3,236,354.75.
Total Feet: 131.29'
Total Rods: 7.96
PARCELII
Metes and bounds description for a proposed 0.0838 of an acre permanent easement is as follows:
Commencing at an iron rod found on the Northerly right-of-way line of West Cedar Bayou
Lynchburg Road, at the Southwest corner of Lot 8 of Kenwood Estates Section 1, unrecorded;
THENCE, South 81 °27'01" East, along the Northerly right-of-way of said West Cedar Bayou
Lynchburg Road, at 647 feet pass a found iron rod, continuing a total distance of 1072.41 feet to
the Southwest comer of that certain called 3.0287 acre tract conveyed by deed to Hams County
recorded under Clerk's File No. W993102 Official Public Records of Hams County Texas;
THENCE, North 07 °29'14" East, along a West line of said 3.0287 acre tract, a distance of 116.48
feet to the POINT OF BEGINNING of the herein described 0.0838 of an acre tract, said POINT OF
BEGINNING" having coordinates of N= 13,853,803.25, E= 3,236,274.26;
THENCE, North 01 °10'52" East, a distance of 194.14 feet to a point of curvature of a curve to the
right;
THENCE, along a curve to the right having a radius of 2415.00 feet, a length of 209.29 feet, a delta
angle of 04 °57'56 ", and a chord which bears North 03 039'49" East, a distance of 209.23 feet to a
point on a West line of said 3.0287 acre tract;
THENCE, South 00 013'42" East, along the West line of said 3.0287 acre tract, a distance of 238.15
feet to an angle point;
THENCE, South 03 03746" West, continuing along the West line of said 3.0287 acre tract, a
distance of 49.11 feet to an angle point;
THENCE, South 07 °29'14" West, continuing along the West line of said 3.0287 acre tract, a
distance of 116.74 feet to the POINT OF BEGINNING and containing 0.0838 of an acre of land.
Plat attached
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STATE OF TEXAS
COUNTY OF HARRIS
EXHIBIT "A"
TRACT NO. TX- HA -066CO
CENTERLINE DESCRIPTION FOR A PROPOSED
30' WIDE RIW & EASEMENT
ACROSS CITY OF BAYTOWN
March 12, 2012
Centerline description for a proposed 30' wide right -of -way & easement, extending over, through,
along and across the residue of that certain called 0.301 acre tract conveyed by deed to City of
Baytown recorded under Volume 4855, Page 176, Deed Records of Hams County, Texas, situated
in the Harvey Whiting Survey, Abstract 840, 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 Northerly property line of the residue of said 0.301 acre tract, said
point being South 86 057'55" West a distance of 53.50 feet from an iron rod, said "POINT OF
BEGINNING" having coordinates of N= 13,849,626.57, E= 3,236,333.87;
THENCE, South 05 012'12" East, parallel with and 6 feet Easterly from an existing Lone Star 8"
pipeline, a distance of 73.22 feet to the POINT OF EXIT in the South property line of the residue of
said 0.301 acre tract, same being the North right - of-way line of West Baker Road, said "POINT OF
EXIT' being on the arc of a curve and being a distance of 21.06 feet along said curve to the left
having a Radius of 6080.24 feet, a Delta Angle of 00 °11'54" and a Chord which bears South
85 027'41" West, a distance of 21.06 feet from the calculated Southeast comer of the residue of
said 0.301 acre tract, said "POINT OF EXIT" having coordinates of N= 13,849,553.65,
E= 3,236,340.51.
Total Feet: 73.22'
Total Rods: 4.44
Plat attached.
U lltewe. L/ to I Z
S. W. Freudensprung / .�P.L.S. No. 5260
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Exhibit "B"
Pipeline Permit Number: P -12 -02
CITY OF BAYTO'W N
PIPELINE PERMIT
I'ernihice's Name:
Lone Star NGL Mont Belvieu LP
Address:
City:
State:
Zip:
711 Louisiana Street, Ste. 900
Houston
Texas
77002
Reason for permit:
X New Pipeline
:Adjustment, relocation, replacement. ntoventent ()I* an existing. pipeline tc► a position greater than fifty 001 feet
fn :m its original position
Pill line Origin Point:
Existing Facility @ Brazos River
i'illeline Destination Point:
Mont Belvieu, TX
AlTected Public Ways:
Paints 1'inclinc Crosses Public Wn%-s:
Bayway Drive
The points at which the pipeline will run or cross any
Wooster Street
Public Way are depicted in Exhibit "B," which is attached
John A Street
hereto and incorporated herein for all intents and purposes.
Ashby Street
North Street
;w
State Highway 330
Description of 14110ine:
�
west Baker Road
The 20 -inch pipeline used to transport natural gas liquids,
:-
W. Cedar Bayou Lynchburg Road
John Martin Road
in an existing pipeline corridor within both the city limits
Garth Road
and the ETJ. The pipeline will include a maximum
i
Hunt Road
operating pressure of 1440PSI, a normal operating
Independence Boulevard
pressure of 900 PSI, and have minimum yield strength of
i
Sharon Lane
S r
60,000 PSI. The carrier pipe has an outside diameter of
South Palm Drive
20.000 inches and a wall thickness of.0.500 inches. The
r
Crosby Cedar Bayou Road
will be API 5L X 60 ERW pipe with a fusion bond epoxy
Harvest Lane
coating.
i
East Wallisville Road
'This Pipeline Pennit, issued by the Director of Enbincering after having lieen approved by the City Cuun%:il on thl 12 "'
day ol'Junc 2012, grants Pennittee the privilege to construct, operate, repair and maintain the proposed pipeline described in and
in accordance with Permitiee's application, filed with the Director of linginecring. The issuance of' this Pipeline Permit is
expressly contingent upon Perntiltee's compliance with the applicable standards required by all applicable federal, state and local
lags as well as the regulations contained in Article V (if Chapter 3.1 of the CoLle of Ordinances of the City of I3aytown, Texas.
which are incorporated herein by this- reference for all Intents anti purposes. Furthermore, in consideration of granting thin
Pipeline Pennit, 11crmittec has agreed to hold harmless anti indemnify the City in accordance with Section 34-23.1 of the same.
Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
1'his pennit shall be valid for a period of thirty (30) years, commencing on the date of' issuance iodicateef hereinhelmv.
Issued tltis tltc ._ day ol'June 2012.
JOSE A. FASTRANIA, P.E. w
Director of Engineering and Inspections
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§ S12111VI-1 :10 AJANAO.)
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.LM3W33N9V A.UNW3UNI
magtunN Ittuaad
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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 Itcreinabovc or to exercise any rights or remedies
accruing thereunder upon default or failure of'perfornlance shall not be considered a waiver of the right to
insist on and to enforce by an appropriate remecly, strict compliance with arty other obligation hereunderor to
exercise any right or remedy occurring as a result (Wally future default or failure of'performance.
This Agreement shall in all respects be interpreted and construed in accordance with and governed b
the laws of'the State ol'Texas, regardless of the place of'its execution or perfbrnlance. The place ol'makiny
and the place of performance for all purposes shall be Baytown, Harris County, "Texas. �'
All parties agree that should in%, provision uf' this Agreenent be determined to be invalid or
unenforceable, such determination shall not affect any other term ol'this Agreement, which shall contin
full force and effect. tre in
The officers executing this Agreement on behalf'ol'the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he /she represents.
1
SIGNED this day � c;,
' 01 � ��
11EIIMIT "I'I?F
. i
Company Narlle
ignature o ' ut riled C.}IAice
Printed Name
' f
Page 2
Permit Number:
CITY OF BAY'I'OWN
ROBERT[). I. EIPER, City Manager
A`I FEST:
Ll `TIC'IA BRYSC'H, City Clerk
S'PA'TE; UP 'TEXAS §
COUNTY 01-'HARRIS §
Before-0e. y , the undersigned notary public, on this day personally
appeared �,r ��, �,r in his /her capacity as • j
�0
LI bi 1—ene ># c.�` F L , on behalf'of such corporation
known to me;
proved to me on the oath of ; or
proved to me through his /her current
(description of identi f ication card or other document Issued by the federal government or any
state government that contains the photograph and signature of'the acknowledging person)
(Check one)
to be the person whose name is Subscribed to the lorcgoing instrument, and acknowledged to me that he /she
executed that instrument for the purposes and consideration therein expressed.
0I_
Given under my hand and seal ofollice this _ day of D c-; rte- k,, -Z
c:tiklh:�i�nzcrkxncym mt�!'rrmft[�rincimnci� Aricement
Indemnity Agrrrnlent, Pagr 1
Notary Public in and II)r the State of"1'exas
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