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Ordinance No. 12,015ORDINANCE NO. 12,015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING AN EASEMENT AND PIPELINE PERMITS TO CHEVRON PHILLIPS CHEMICAL COMPANY LP TO INSTALL ONE NEW 10 -INCH PIPELINE AND ONE NEW 12 -INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Chevron Phillips Chemical Company LP has submitted pipeline applications to install one new 10 -inch pipeline and one new 12 -inch pipeline in the City limits and/or its extraterritorial jurisdiction (hereinafter referred to as the "Pipelines "); 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 applications and plans for the Pipelines, has issued a report to the City Council recommending granting permits for the Pipelines; and WHEREAS, the City Council has received such report and has determined that, based upon the representations of Chevron Phillips Chemical Company LP, the applications meet 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 THIRTEEN THOUSAND TWO HUNDRED SEVENTY -SEVEN AND 13/100 DOLLARS ($13,277.13) the City Council of the City of Baytown, Texas, hereby grants an easement to Chevron Phillips Chemical Company 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 5 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 Chevron Phillips Chemical Company LP, for the new 10 -inch 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 5 hereof, the City Council of the City of Baytown hereby grants the pipeline permit, which is attached hereto as Exhibit "C" and incorporated herein for all intents and purposes, to Chevron Phillips Chemical Company LP, for the new 12 -inch pipeline described therein and authorizes and directs the Director of Engineering to execute such permit. Section 4: That, subject to the grant of the easement authorized in Section 1 hereof and to the receipt of the bond specified in Section 5 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 indemnity agreements with Chevron Phillips Chemical Company LP, corresponding to the pipelines. Section 5: 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 6: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSEL City of Baytown this the 23rd day of August, 2 ATTEST: & /7., �') ETICIA BRYSCH, ity Clerk APPROVED AS TO FORM: 4-tsw��� ACIO RAMIREZ, Sr4.Xity Attorney UobfsO I \LeplWe n\ribs \City Counci1\0rdinanocs\2012\August 23\ NmPipelinePcmits4ChewonPhillipsChemica lCompanyLPIO &121nch.doc 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 Chevron Phillips Chemical Company LP, whose mailing address is 10001 Six Pines Drive, The Woodlands, Texas 77380, 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 thirty (30') wide non - exclusive easement in order to replace its existing 8" pipeline with a 10" pipeline and construct a new 12" pipeline (collectively 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 in Exhibits A & B, which are attached hereto and made a part hereof 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, Pipelines, 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 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 fills 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 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 Agreement. Page I 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 Easement 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 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 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 their 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 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 Easement Property without the written permission of Grantee, which permission shall not be Easement Agreement. Page 2 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. 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 Easement Agreement. Page 3 without warranty of any kind. 13. If at any time after the execution hereof, the Pipelines are 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 Pipelines shall be changed or altered promptly by the owner and/or operator of the Pipelines 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. This Easement Agreement supersedes and controls over that right -of -way agreement dated September 14, 1929, and recorded in Volume 812, Page 573 of the Deed Records of Harris County, Texas, related in any manner to the Easement Property. EXECUTED this day of , 2012. GRANTOR CITY OF BAYTOWN Robert D. Leiper, City Manager Easement Agreement. Page 4 ACKNOWLEDGMENT STATE OF TEXAS 5 COUNTY OF HARRIS § 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 (672lay of ZYUx� _,2012. GRANTEE CHEVRON PHILLIPS CHEMICAL COMPANY LP r B y: (Signature) C>ck-y ic3 S . Grnr-�h (Printed Name) � P AOG 0e, (f itle) Easement Agreement, Page S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me this (&hday of , 2012, by co-yi& . as , p' td� of the Ls v G ,C ¢ C-L. , on behalf of rh P1v Mn P tir� I l 1 % 92S Glnenn toaA CD . LP . SHARON KUTACH DELOSS , Notary Public. State of Texas My Commission Expires November 30, 2014 My Commission Expires: I l 3D1 X01 Easement Agreement, Page 6 Notary Public in and for the State of Texas G y)0-V-o n I <Ar n - (Print Name of Notary Public) ► ti t ► { ti i t 1 t 1 Far { 't �l 1 tt l t V 1 1 1 � i 1 { t 1 { { t t 1 t { p P� l 1 � �, • 1 �r {P4�o ► � p ► t l i { { l i l t 1 t { t 1 1 i t { i EXHIBIT "A" HARRIS COUNTY, TEXAS PLAT FOR CITY OF BAYTONN ` (HARRIS COUNTY MUNICIPAL UTMITY DISTRICT No.3) TALCOTT PATCHING SURVEY, � ABSTRACT No. 620 CAM 19.078 mar C. C. I. Ko. Ymcol O.P. &OF&P.OF&C.. T. PAL 8SPW OP BA9tPOtR sumumm Am Iml Om VOL *L9 M 95 it.8. or B.C.T. 40.00 Tw- !!'XSm o x l �� 0. t \lj A A i3 O Wan. 1 � !Xa P.O.T. 1 19.882.'353.629' N ►i 3.24,848.036' 9 { E. Jones Verrett Professional LwW Surveyor Nob 1781 30.0' LOX �►trtPaatralffic171slaN �/ ezcltca a � / all lop w % • Q i i i 't r t C C. :: ,mil 0. P. asst; P.OFMC,Z Ewa mill V OF A PAW& aspur or B BMW 993mvtam sea= VOL 9 Gem ILILorELC.,T. P.O.B. All m air a 11.1 Ya 13.882,486.162' N !s>lcoi 3mar N X= 3,240,735.881' 8 &W jww 40.0' 17: J8.7mig TEMP. fACRWI I ClAw 37S� rr NINE rl� Rl9Et[fS � �t MP.LcPLP.Ore.C_ .r r:.. f��!• .��'--}7 •..:.•.�•^ -71 ©C.Glls� Viy�i'..+' ----7 w tits slrvey ens perforntd . otdd this Pws *as prepond without tide wrdefR of o title Cowdbrnt. and not au easeeer+ts or w4tudes. shet3+tr of rtcord or not, sere reseow»d at UW tbW of t is VA"y Or 9309. hereon. (2) LInwnsbm Indicated Aywean are bastd upon Qobol Posmbrdng rt sto the N.." l�nArm Oa= of Im calms Stole Pw.e Coaro ate System. South Central Zone (4204. 411 See occwVw AV dmrfpt on aw a w trite Or ow 1G30 / JQ � 110 IQr I NM I DATE I REVISIQN I A PLAT OF A PROPOSED CENTERLINE FOR TWO PROPOSED PIPELINES IN THE TAW07T PATCHING SURVEY, ABSTRACT No. 820 HARRIS COUNTY, TEXAS CHEVRON PHILLIPS CHEMICAL COMPANY LP DRAWN BYI HBO A JAN I SHEET 1 Or 1 KW. But1Ass��cratts, [at focam o3lmkV40%als 3 =00r•1w,J APPROVED BY. EJV t HD8 DRAWING NAKEd 11-024.37Sd g SCALEd V a tow .SOB NUHRM 11-024 DATE, MAY 29. 2012 NAP NUMBER+ Fe,JEttsut -amimm it EXHIBIT "B" DESCRIPTION OF "PROPOSED CENTERLINE TRACT No. 37S" FOR TWO PROPOSE_ D CHEVRON PHILLIPS CHEMICAL COMPANY . P,PIPELINES 17V THE TALCOTT PATCHRVG SURVEY, ABSTRACT No. 620 HARRIS COUNTY, TEXAS All that certain centerline lying and being situated in Harris County, Texas, a part of the TALCOTT PATCHING SURVEY, ABSTRACT No. 620, and being herein referred to as the "PROPOSED CENTERLINE TRACT No. 37S ", for two proposed Chevron Phillips Chemical Company LP pipelines. which said "PROPOSED CENTERLINE TRACT No. 37S ", being a part of that certain tract of land herein referred to as the "City of Baytown (Harris County Municipal Utility District No. 3)" tract, which said "City of Baytown (Harris County Municipal Utility District No. 3)" tract is described in that certain instrument to Harris County Municipal Utility District No. 3, recorded under Harris County Clerk's File No. J554986 in the Official Public Records of Real Property of Harris County, Texas, and which said certain herein described centerline of the "PROPOSED CENTERLINC TRACT No. 37S ", being more particularly described as follows: Note. Dimensions are based upon Global Positioning System surveying tied to the Trimble RTK Network and referenced to the (North American Datum of 1983) Texas State Plane Coordinate System South Central Zone (4204). BEGINNING at a point (P.O.B.) in the easterly line of the said "City of Baytown (Harris County Municipal Utility District No. 3)" tract, the said PAINT OF BEGINNING (P.O.B.) being North 12 degrees 33 minutes 33 seconds West, a distance of 208.39 feet from the most northerly southeast corner of the said "City of Baytown (Harris County Municipal Utility District No. 3)" tract, and the said p I(�.NT OE BMI , NING (P.O.B.) having a coordinate value of Y 13,862,465.152 feet North, X — 3,240,735.821 feet East; THENCE South 38 degrees 11 minutes 00 seconds West, along and with said certain herein described centerline a total distance of 142.01 feet to a point (P.O.T.) for the Point of Termination (P.O.T.) of the said certain herein described centerline in the westerly line of the hereinbefore said "City of Baytown (Harris County Municipal Utility District No. 3)" tract, the said Point of Termination (P.O.T.) being North 12 degrees 33 minutes 33 seconds West a distance of 595.44 feet from an iron pipe found for the southwest comer of the said "City of Baytown (Harris County Municipal Utility District No. 3)" tract, and the said Point of Termination (P.O.T.) having a coordinate value of Y - 13,862,353.529 feet North, X T 3,240,648.035 feet East, and the said certain herein described centerline Having a total centerline length of 142.01 feet, or 8.607 rods, more or less. Note: See Accompanying Plat (Drawing "11- 024.37S.dwg "). Prepared May 29, 2012 Prepared by H. W. Butler & Associates, Inc., E. James frett, Texas WgIstered Professional Land Surveyor No. 1781 Page 1 of I Pages EXHIBIT B Pipeline Permit Number: P -12 -12 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Chevron Phillips Chemical Company LP Address: City: State: Zip: 10001 Six Pines Drive The Woodlands Texas 77380 -1498 Reason for permit: X New Pipeline 0 Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its original position Pipeline Origin Point: CPChem Cedar Bayou Plant Pipeline Destination Point: Battleground Junction Near SH 225, TX Affected Public Ways: Points Pipeline Crosses Public Ways: ➢ Springfield Subdivision The points at which the pipeline will run or cross any ➢ Crosby Cedar Bayou Public Way are depicted in Exhibit " B," which is attached ➢ Wallisville Road hereto and incorporated herein for all intents and purposes. ➢ Sjolander Description of Pipeline: ➢ Harvest Lane ➢ N. Main Street The 10 -inch pipeline used to transport natural gas liquids, ➢ Drainage Ditch south of Turmeric feedstock within both the city limits and the EU The Drive pipeline will include a maximum operating pressure of ➢ Drainage Ditch east of Echinacea 1950 PSI, a normal operating pressure of 1380 PSI. The ➢ Drive Drainage Canal east of Garth Road carrier pipe has an outside diameter of 10.75 inches and a ➢ Garth Road wall thickness of.0.500 inches. The will be W.T. AP15L ➢ Decker Drive Grade X 52,54.74 # /ft, SMLS & ERW/ Coasting ➢ Breda Road Specifications 14 -16 mils Fusion Bond Epoxy; Directionally ➢ ➢ John Martin Road Goose Creek HDD Crossing drilled pie has an additional 20 mils Naprock. ➢ Wade Road HDD Crossing ➢ Thompson Road ➢ Rollingwood Drive ➢ Spring Creek work site ➢ Spring Creek Tributaries 1 & 2 ➢ HCFCD Spring Creek Crossing ➢ Hillcrest ➢ Burnett Ave ➢ Park ➢ Marble Road ➢ Area/P /L Crossing ➢ East Point Drive ➢ Kirby Drive ➢ Sheila Drive ➢ Anne Drive ➢ 1 -10 Crossing EXHIBIT B Pipeline Permit Number: P -12 -12 This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 23rd day of August 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 August 2012. Jose A. Pastrana, P.E. Director of Engineering FAKarenWilesTmergency Manage mentTipeline Regulatory FonnAnvistaPipelinePermit.doc au�l •tu1w:):u5V n)iuwapuj 'AIIIN13 110 NOSH3d 2131-110 ANV JO .L'InVq 314.E H.LIM Q3XIWN11 A.LIO :TRILL JO 3JN3917JO3N 310S 314.E WOH3 S.Llf1S3H 'JJVWVQ NO H.LV3Q 'AUnf'NI 314,E 3H3HM A.LI'IIUVI'I (INV .LMS 'NOI.LJV JO 3SnV.3'39VWVQ'SSO'l 41,Vl ''lJ ANV 01 NOII.VJIqddV ON 3AVU 'IIVHS HdVN9V Vd SIH.L NI HOJ Q3QIA0NJ A.LINIW3(INl 31-11 '21HOWN3H.L21fIJ '33N39I393N 3'I0S (INV .LNIOf S,33.L.LlWH3d (11) UO /QNV '-30VWVa NO H.LV3Q 'A2IflfNI HILL 90 S3Sf1VJ JNIHHfIJNOJ 321V 3JN39I'I03.N S,33.I..LIW213d QNV 33N391193N .LVH.L 3113HM '33N391193N NMO S,A.LIJ :IH.L (1) JO S3JNHf1b3SNOJ 3H.L WOHJ A,LIJ 3H.L QNUHQ QNd 133102Id 'AJINW3QNI O.L 3311IW213d AfI A.LINW3QN1 NV SI I.1dVH9V2IVd S11-11, NI MOJ 03QIA02Id A.LINIMUNI 1H.L .LVI-LL 'A.LIJ 3H.L (INV 331..LIWU3d H.LOft 'O.JM1l S3I12idd 31-1130 NOII.NHI.NI Q3SS32IdX3 31-11 SI .LI '33.L.LIM3d 314.E JO ;,IJN301193N 310S 210 .I.NIOI' 3HI AfI 2I0 /QNV 113.L.LI W2I3d QNV AID 3HI JO 3JN39I'I93N IN3212lnDNOJ 3HI Aft Q3Sf1t :3 32id S39VWVQ NO SH.Ld'JQ 'S312IflfNI HJnS 32I3HM 'N.I3213H Q3.L.LINH3l d 3NI13dld HH.L JO Irld NO .LHVJ ANV JO 'IVAOW3H NO,LNHW.LSflfGV'.LN'JWHJd'Id32I `UlVd3H`NOI.LVH3d0 '33NVN3.LNIVW 'NOI.LJf12I.LSNO3 sIH1. 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Ituuad a qulnssi umolsufl jo Mto 34) .lo uoljurappoa ul puu rot § SlUVH JO A.LNnoo § SVX31.:I0 3.LV.LS ,LN2lW:.2l2I9d A,LINWIGNI --C1 --C j :jagwnN alw.tad „d„ I!q!ux:l Permit Number: 1Q- \� 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 ol'Tcxas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he /she represents. SIGNED tltisday of 20 PCRM177EE Chevron Phillips Chemical Company LP Company Name Signature of Authorized Officer David S. Smith Printed Name Olefins & NGL VP Title Indemnity Agreement. Page 2 Permit Number: I =) - lQ, CITY Or BAYTOWN ROBERT I). LEIPER, City Manager ATTEST: LETICIA BRYSCH, City Clerk STATE OF TEXAS § fi COUNTY OF HARRIS Before me, , the undersigned notary public, on this day personally appeared David S. Smith in his/her capacity as Olefins & NGL VP of Chevron Phillips Chemical Company LP , on behalf of such corporation Xknown to me; proved to me on the oath of ; or proved to me through his/her current (description of identification 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 foregoing instrument, and acknowledged to me that he /she executed that instrument for the purposes and consideration therein expressed. Given tinder my hand and seal of office this day of M1ML('i4 , 2067— CARL MY L1s"EVIREs Notary Public in and for the State of Texas Augwtt,= c: �k1h24 % cmcrgeneymgmt il'crmittcclndcmnity . Agreement Indemnity Agreemcnl, Page 3 Exhibit "B" 11 0,111i , Eli miss Exhibit "C" Pipeline Permit Number: P -12 -13 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Chevron Phillips Chemical Company LP Address: City: State: Zip: 10001 Six Pines Drive The Woodlands Texas 77380 -1498 Reason for permit: X New Pipeline 0 Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its original position Pipeline Origin Point: CPChem Cedar Bayou Plant , Pipeline Destination Point: Battleground Junction Near SH 225, TX Affected Public Ways: Points Pipeline Crosses Public Ways: Springfield Subdivision The points at which the pipeline will run or cross any Crosby Cedar Bayou Public Way are depicted in Exhibit "B," which is attached >a Wallisville Road hereto and Incorporated herein for all intents and purposes. D D Sjolander Harvest Lane Description of Pipeline: D N. Main Street The 12 -inch pipeline used to transport natural gas liquids, Drainage Ditch south of Turmeric feedstock within both the city limits and the ETJ. The Drive pipeline will include a maximum operating pressure of Drainage Ditch east of Echinacea 2220 PSI, a normal operating pressure of 1860 PSI. The Drive Drainage Canal east of Garth Road carrier pipe has an outside diameter of 12.75 inches and a Garth Road wall thickness of.0.500 inches. The will be W.T. AP15L Decker Drive Grade X60, 65.42 # /Ft, SM LS & ERW. Coating > Breda Road Specifications 14 -16 mils Fusion Bond Epoxy; Directionally John Martin Road drilled pie has an additional 20 mils Naprock. Goose Creek HDD Crossing Wade Road HDD Crossing D Thompson Road D Rollingwood Drive Spring Creek work site Spring Creek Tributaries 1 & 2 HCFCD Spring Creek Crossing Hillcrest Burnett Ave Park Marble Road ➢ Area/P /L Crossing East Point Drive Kirby Drive Sheila Drive Anne Drive 1 -10 Crossing EXHIBIT B Pipeline Permit Number: P -12 -13 This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 23rd day of August 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 August 2012. Jose A. Pastrana, P.E. 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LN3W.LSfll'UV `J.N3W3aV'IdaH `HlVd3H `NOIJ.VH3dO `;►IaNYN3J,NIVW NOIJ.anu LSNOa 3H.L 1-IJ.IM Nouz):i NNOa Ni 110 JO .LflO 9NIS111V `A.LH3d021d ANV O.L T)VWVU 110J HO 6NOS113d ANY JO HJ.V3U 110 01 AHfli'NI NOJ S33J ,SA3NNOJ.,LV (INV'SJ.SOa.LHflOa PIOI.I.V91.Llrl JO S3SN3dX3'IrIV aNIUnrIaNl `UNIM AH3AH JO A,Llrl]f]Vir1 (INV SJ.1nS `NOIJ.aV JO S3SnVa `S39vwv(1 `S3SSO'i 6SLVIV'Ia'ir1V QNV ANV LSNIVav (INV W02iJ «`A.LIa» SV 01 (1311113J311 Ari ,IIAIJ.a'rlrI.Oa `S33AOrlJW3 QNV S.LN39V `SH3a1JJO SJ.1 `AID 3HJ. `UN3:13(l UNV SS'JrlWHVH (I1014 `AJINW3UN1 rlrIVI-IS (INV 01 S33-219V 33J..LIM3, d :SA%011ol st: nl;t;upiatl `sCxa_j, jo 1ju1S ot1l ul Ssz.)ulsnq op of p 7potljnu uoljtt.[odiol t: d-t Auedwoo {e3two4o sdDltUd uolna40 'panlaaaa pue pApalAMI. -le Xgwml sl jw ntll , {au31awns puu uolirjap)suon gaitim `Umolsue .lo xl!D atlj,lo saauptitpio.jo apoD atll_lo ,isaulladld st'J pur spinbrl `saaumgnS snopJtrzt;1.1,. n a1al1JV ..'juawuaInu3.. b£ joidt:t1J thin% aauUp.ioaat: ul lltujad tt .tulnssi u,% -,olXgj .10 xl!:) mp ,lo uoljl',Joplsuon w pur.jo,l siuHvl -I :Io k.I.Nno3 § SVX:.1J.:ln :i.I.VJ.S .LNG W33W9V A.LLSlW3GNl g l_ c l :.iagtunN I ptuxad ,,V,l I!q!4x3 Permit Number: IQ - 1 �D 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 hereunderorto exercise any right or remedy occurring as a result of any future default or failure of performance. 1'his Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State orTexas, regardless of the place of its execution or performance. The place ormaking and the place of performance fir all purposes shall be Baytown, Harris County. '('cxas. 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 behalf ofthe parties hereby represent that such officers have lull authority to execute this Agreement and to hind the party he /she represents. SIGNED this? -""day of . ?0iz- PERM1TTEE Chevron Phillips Chemical Company LP Company Name Signature of Authorized U( tcer David S. Smith Printed Name Olefins & NGL VP Title Indemnity Agreement. Page 2 ATTEST: LETICIA BRYSCH, City Clerk STATE OF TEXAS COUNTY Of HARRIS Before me, appeared David S. Smith Chevron Phillips Chemical Company LP known to me, in Permit Number: 1�.)- CITY OF BAYTOWN ROBERT D. LE1PER. City Manager the undersigned notary public, on this day personally his /her capacity as Olertns & NGL VP of on behaifof'such corporation proved to me on the oath of- : or proved to me through his/her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature ofthe acknowledging person, (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal ofof ice this )y[*"' day of n!LV�. A 201 Z. CARL L HENDEWN W COMMISSION EXPIRES .. Ilug W 1.2412 c: tklh2 4i cmcrgenc ymgmt:Pcrmittrclndcmnity. Agrecrnent Indemnity Agreement. Page 3 Notary Public in and for the State of Texas Exhibit "B" \ G • \ fit►'. � 1� � qt�u ��:. \, ILM Poe, j�lit' mmmas lit FRIal 1 - -� I i R , �\ ��