HomeMy WebLinkAboutO-1999-2315
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ORDINANCE NO. 99-2315
AN ORDINANCE APPROVING AND AUTHORIZING A RIGHT OF WAY GRANT FROM
THE CITY OF LA PORTE TO SEADRIFT PIPELINE CORPORATION; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The final form of the agreement shall be subject to
approval of the City Attorney and the City Manager.
The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte.
The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, p1ace and subject of this meeting of the city Counci1 was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 99-2315
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 15th day of March, 1999.
By:
CITY OF LA PORTE
l~--
Mayor
ATTEST:
~(lU)df). ((.till1/-
Mar ha A. Gille t
City Secretary
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City
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
CHARLES R. HUBER. .JR.
BOARD CERTIF"ED . CIVIL TRIAL LAW
TEXAS BOARD 0" LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
March 9, 1999
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Seadrift Pipeline Corporation
Easement Right-of-Way Request
Gentlemen:
Seadrift Pipeline Corporation has requested a twenty foot (20')
right-of-way from the City of.La Porte, running north and south
under the legs of the Houston Lighting & Power Company highlines,
on the Public Works Center property on 26th street. Seadrift is
obtaining an exact metes and bounds description of the 20' strip.
I am requesting that Council give approval in principle to this
transaction, at its meeting of March 15, 1999. The revisions to
the easement which we are working on, include making the easement
subject in all things to Ordinance 915, the pipeline ordinance;
retention of a railroad right-of-way spur privilege for the City,
if desired; exact language as to the depth of the pipes; and
approval from Harris County Flood Control District of all of the
crossings of its facilities by the line.
HL&P is requiring that the pipeline be installed by a boring
method, with no open ditching.
Finally, the City is going to ask for provisions in the easement as
to burial depth and drainage crossings in the area between Fairmont
Parkway and Spencer Highway, as part of the drainage system for the
extension of Bay Area Boulevard to be constructed between Fairmont
Parkway and Spencer Highway. Thus, the right-of-way grant document
attached is preliminary, and will be subject to change during the
negotiation process. However, since there is only one City Council
meeting scheduled in March, staff did want to ask Council for
approval in principle of this matter.
Seadrift proposes to pay the City $200.00 per rod, which equates to
$0.60 per square foot for this area, or a total price of
$13,540.00.
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AMINS & ARMSTRONG. P. c. .
. ATTORNEYS AT LAW
Hon. Mayor & City Council
March 9, 1999
Page 2
Mr. Larry Trcka of Seadrift Pipeline Corporation will be present at
the meeting to answer any questions. Seadrift pipeline corpo~ation
is a subsidiary of Union Carbide Corporation
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~rs very truly,. .
tJctJ~. ~~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
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ASKINS & ARMSTRONG. P. C.
ATTORNE:YS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE:. TE:XAS 77572-1218
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1'- MAR - 8 ;CCQ
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KNOX W. ASKINS
~OHN ~ ARMSTRONG
CHARLES R. HUBER. ~R.
BOARD CERTIFIED . CIVIL TRIAL LAW
TEXAS BOARO 0" LEGAL SPECIALoIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
March 8, 1999
Mr. Larry Tr
Senior R. t-of-Way Agent
Seadr. Pipeline Corporation
P_O. ox 186
P Lavaca, TX 77979
Re: Seadrift Pipeline Corporation Easement Right-of-Way Request
City of La Porte
Dear Mr. Trcka:
In addition to the matters we have discussed for inclusion in the
proposed right-of-way grant, it is my understanding that you are
having the actual twenty foot (20') strip surveyed, and that this
description would be substituted for the description in the present
draft.
Also, I enclose herewith a memo from Doug Kneupper, Planning
Director at the City, with attached map, which I think is self
explanatory. The agreement by Seadrift to lower its pipelines at
this point, as requested, should be enclosed in this right-of-way
grant, and this will necessitate a representative of Seadrift
signing the right-of-way grant to evidence its agreement to so
lower its pipelines at these points.
As we discussed, this matter will be on the City Council agenda of
Monday, March 15th, at 6:00 p.m., for consideration. Although I do
not expect that we will have the final right-of-way grant document
language and description complete at that point, we should be able
to present the matter to City council for its consideration of the
matter in principle.
Yo~ery trUly~j
/1;:;'-/j! fif~
'-Knox w. rfl/t.~,/,
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Mr. Doug Kneupper, Planning Director .
~. John Joerns, Assistant City Manager
Mr. Steve Gillett, Public Works Director
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ASKINS & ARMSTRONG. P. C.
ATTORNE:YS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE:. TE:XAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CEIlITIr"CD . CIVIL TRIAL LAW
TEXAS BOARD 0" LEGAL SPECIALIZATION
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
April 8, 1999
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Seadrift Pipeline Corporation
Dear Martha:
I enclose herewith three duplicate original copies of a Right of
Way Grant to Seadrift Pipeline Corporation.
I have signed each copy. Please have Mr. Herrera sign each copy,
and please sign and attest as City Secretary. Please date each
copy the date that Mr. Herrera signs, and have his signature
notarized on each copy.
Attach one copy to the previously passed ordinance which approved
this Right of Way Grant, and return the other two together with the
enclosed letter, to me, and I will arrange to deliver to Seadrift,
in exchange for their draft to the City.
Y~~ry truly,
~.j
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
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SEADRIFT PIPELINE CORPORATION
P.O. BOX 186
PORT LAYACA, TEXAS T1'I19
SUBSIDIARY OF . CORPORATION
LARRY TRCKA
LAND & RIGHT-OF-WAY
PHONE: (361) 553-3173
FAX: (361) 553-3122
April 6, 1999
City of La Porte
c/o Knox Askins
604 W Fairmont Parkway
La Porte, Texas 77571
RE: Proposal for Pipeline Right-of-Way
TCM-077.00 and MDT-036.20
Harris County, Texas
Dear Mr. Askins
Pursuant to our meetings on this matter, please find attached three originals of the
Right-of-Way Grant.
Please have three originals of the Right-of-Way Grant signed before a Notary Public and
contact me for delivery of payment. Two originals are for our records and the third copy is for
your records.
Also attached Exhibit "A" and Exhibit "B" to the Right-of-Way Grant.
If you have any questions, c.all me at (361) 553-3173. Please call collect.
Thank you for your cooperation in this matter.
Enclosures
o:\ROWDept\ROWGroup\LegaI\Strang RR Offer Xmittal - City of La Porte. doc
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Draft No.:
TCM-on.OO & MDT-36.20
RIGHT OF WAY GRANT
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 1 0.00 ) in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, being more particularly described on Drawing No. SEAPL 114, attached
hereto as Exhibit "A" and more particularly described by metes and bounds on Exhibit "B" attached hereto.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'). In addition,
Grantee shall have the right to use such additional space as may be necessary for the construction, maintenance
and repair of the Pipeline along the route of same. Grantee agrees, at the time of construction, to bury said Pipeline
(except for fittings, corrosion control equipment, marker signs, vent posts and other apparatus) to a depth of at least
forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said permanent right of way and easement and will not change the
grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities.
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft to Grantor. If mailed, such payment shall
be considered made as of the date of mailing thereof to Grantor. No change in the ownership of the land affected
by this Grant shall affect payment hereunder until thirty (30) days after Grantee shall have received a copy of a
recorded instrument evidencing such change.
This Right of Way Grant shall be governed by, and subject to the terms and prpvisions of Chapter 18-A
"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas and City of La Porte Pipeline
Permit Ordinance No. 99-915-RR-A.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
Page 1 of 2
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This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written. covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument executed this C(-H--
day of April, 1999.
ATTEST:
~dw Q. fi,Uft{f
City Secretary
/
APPR0VED: /
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{ ~ /1/z;f( I .n / ,"&,;;'.-;:;1,
City' Attorney
CITY OF LA PORTE, a municipal corporation
by:G~ T.~
Robert T. Herrera. City Manaaer
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
On this {/, I/.., day of April, 1999, before me, a Notary Public, personally appeared Robert'T. Herrera, in
his capacity as City Manager of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation.
\
.1CL- -ra, J
NOTA y PUB~fc IN AND FOR
THE STATE OF TEXAS
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O:IROWDepIIROWGroupIFormsIROWlStrang RR Re-roule.Eas.lcm07700.doc
Page 2 of 2
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SEADRIFT PIPELINE CORPORATION
P.O. BOX 186
PORT LAV ACA, TEXAS 77979
LARRY TRCKA
LAND & RIGHT-OF-WAY
PHONE: (512) 553-3173
FAX: (512) 553-3122
SUBSIDIARY OF 18 CORPORATION
March 5, 1999
City of La Porte
c/o Knox Askins
604 W Fairmont Parkway
La Porte, Texas 77571
RE: Proposal for Pipeline Right-of-Way
Dear Mr. Askin
Seadrift Pipeline Corporation is constructing a 10" and a 6" diameter pipeline in Harris
County Texas. The route, as surveyed crosses a portion of the land you own or in which you
have an interest, located in the Richard Pearsall Survey, A-625, Harris County, Texas.
Seadrift Pipeline Corporation wishes to acquire an easement across said property and is
hereby offering $200.00 per linear rod for a 20' wide permanent Right-of-Way. The total
consideration for this tract, based upon a scaled measurement of 67.7 rods, is $13,540.00. Our
records show that you have a 100% interest in the entire tract; therefore, our offer to you is
$13,540.00.
Enclosed please find three Right-of-Way Grants and a copy of the Houston Lighting and
Power Company easement dated February 5, 1962 that you requested.
Please have the originals of the Right-of-Way Grant signed before a Notary Public and
contact me for deliver of payment. Two originals are for our records and the third original is for
your records.
If you have any questions, call me at (512) 553-3173. Please call collect.
Thank you for your cooperation in this matter.
Yoursv~ ~
cd ~
Lar;;r~k7
Sr. Right-of-Way Agent
Enclosures
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COLBMAN CAR'l'BR, JR.
TO
HOUSTON LIGHTIlfG & PO_R COMPANY
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COUN'l'Y or HAIUlIS
DlDW ALL.~. BY 'l'BBD PR1181U1'1'8 'l'BM'.
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.~ 'l'~1:ee o.j .the .aute 01. Hatt:1e.l:. cartei-, J)ece~aed, for aDd
iD cODa1deraUon of 'fen DO~lua (UO.OO) cuh to _ 1ft hand paid
by Rouaton Liqht1nq .. powr CClllpany, the receipt of which 1s
hereby ac1tnowlejSqed, doea heC'eby .qraDt, ae~l and conv.y lJDtO th~
I-~ said Rouston L1ghtinq . powr Company an ......nt or right-of-way
for not more than two electric and diatr1bution line., cODsistin;
of variable number. of wires, and .11 n.ce..ary de.irable appur-
tenances (including tower. or pole. made of wood, metal or other
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materials, telephone and telegraph wirea, pJ:Ops and guy.) over,
acros. and u~n the" follow1Dg-descr1be4 lSDd located in Harris
County, Texas, I:o-wita
A three and n1u-h~ed thirty-fololr thousandths (3.934) D
~cre tnct of land in the Richard D. pearsall survey,
Abstract NO. 625, in Harr1s county, Texas, and be1ng a
port1on of Blocks No. S1x-hundrlld twenty (620), S1x-
hundred for~y-one (641) and S~.-hundred fif~y-.1x (656)
of ~he Town of La Porte, according to map recorded 1n
Volume 67, page 1 of Harrill County Detod Records, and
being a portion of that tract of land hereinafter referred
to as Kimbell tract as '~cribed in deed dated septGlllber 21,
1894 from B. S. Ryan to B. B. Kimbell, recorded 1n Volume
77, Page 369 ~f Harris County Deed aecorda, said 3.934-acre
tract here1n conveyed ia de.cr1bed by metes and bounds ell
follows, aJ 1 coox4inate. and bearings be1.ng referred to
the 'l'8xaa Plane Coox4inate Syat_ south Central zone ..
established by t..'w U. S. co.st and oeocsetic Survey in 1934
and baaed on the position of U.S.C. and G.S. tri.ngulat1on
atation -La Porte 1952-. X . 3,249,278.7, Y. 686,904.11
DGDDfU1G at a 5/8-1nc::b iJ:OD rod havinv coordinate X ::
3,257,622.3, Y · 688,653.5, eat 1D.the .outheasterly
COrDer of said Jt1IIball-tl'.ct, ..J.d point being a.\.so in
the weaterly Une of ,.. . .. o. aailroad CClIIpIUIy'. r19ht-
o:-way, bued on 10 f_t 1ft v1dth,
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THENCE from the point of beginning N 30 02' 20" ..\'1.-.......
following the ea8terly line of said ~in~ell tract and
the westerly line of said T. & N.O. Railroad company's
right-of-way 1428 feet to a point for corner, being
~e northea8terly corner of sa1d ~1mbell tract:
~1IlCZ S 860 57' 40. W fOl.lowinq the nor.therly line of
.aid Kimbell tract 120 feet to a point for corner:
THBNCB S 30 02' 20" Z following a line that i8 parallel
with and 120 feet westerly from the westerly line of
.T. & H. o. Railroad company'. right-ot-way, 1428 feet
to a S/8-inch iron rod for co~er 1n the .outherly 11ne
of ..id Ktabell tract,
TBBBCB H 860 57' 40. B .'di.taace of 120 feet to the
place of be91DD1D9 _aad contain.i:n9 3.934 acrs. .of land.
" tat!~r-.,!1th. tJ:ae fol18WiDl. r1p~.. .
,.... ....... 0' .' . ...' "'~.' "~", .. ..~::..; ','!.;:.'" : . :. .'!t. ..' .
. '(1).' Of 1~~. _.evn.~"- = fraa-.u.4 ~jpi;-Of-
... "way' foi:'&~:~_;.(~"f.tidd~,j.....11itUft1ft9,-
1D~,':'pa~rol11Df', bav1.D9."" vift. Oft.
u1D-ta1ft1.hii'aftlS n.cm._ ...td 11.. ua"appar-
t:enance.r . " .'
(2) '1'0 remove frclll Aid r19bt-of-way all bu.he..
~re... aDd part. thereof or other Ob.truction.
belonging to 9r.ntor '(but not includi:\g the
fence along the e..t .ide of ..115 property)
which; in the opinioll of the C~y. endaager.
or may interfere with the efficiency,- .afety
or proper ..lnten.nce of .p1d 11n.. or appur-
ten.nce..
After it ha. completed the con.truction of .aid line or
linee. grantee shall cle.. up the prem1... and re.tore .... to
Lt. "ori~~l condi tiOD .0.. ~ar. a. i. pr.ctic:Ble. .
'!he ...._Dt he~in. g-ram:ed 1.8 .Ubje~ to any previou.ly
'qranted .a88JMnt. .ffect:1:lg sa1": land or any part th,r.eof, _~8
shown by. \:he recor'J.J of' H.rr1. County, Texa8, 1ncluding an ea..-
ment bere~~7~~. gT.anted to Tenne..oe Gas ~raDsmi8s10n co.pany.
It 18 understood that grantor .hall at all t~. have the
right to make such use of 8aid land .s is not 1ncon8istent w1th
the e.....nt herein granted,.. and. in connect10n therew1th qrantor
hare1n reMrv.. the right to COD.tl"\lct or extend or tl) grant to
other. ~. r1ght and pr1v11eg. of con~truct1n; or extend1ng ra11-
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road spur tracks, roads, streets and pub11c ut1l1ty line. acros.,
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but not alon9 the above land, prov1ded tl.at no .uch .pur track.,
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road or street shall come clo..r than ~1ve (5) feet to any exlst-
ing surface structure of grantee hereln.
If grantee, after constructing sald linee, abandons the
UDe of 8U18 for a period of one (1) year, the rights herein grante~'
mall terminate and revert: to grantor, hi8 8uccessors and .ssigns.
TO HAW-MID TO BOLD the ri9ht8 herein granted to said
C~y, 1U .lIiuoce880r8 aDd .8~i9U. but subject to the terma
bene-Ir UIiII .abJect to i:he una uno!, t'ftDtor do-s, hereby agree
to varrlUlt . aDd fon....r defeIMI ..1'1." 81Dvu1ar the a1>oft-deacr1lHtd
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Draft No.:
TCM-077.00 & MDT-36.20
RIGHT OF WAY GRANT
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 10.00 ) in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs. vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, described as follows:
18.378 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated -May 15, 1987, from WILLIAM E. STILES, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 128-96-0926, et seq. of the Official
Public Records of Real Property. of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
and
8.072 acres of land, more or less, situated in the Richard Pearsall Survey, A-625, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated December 3, 1986, from BEN J. FORTSON, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 066-75-2158, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'), as shown on
Exhibit "A", and as more particularly described by metes and bounds on Exhibit "B", both attached hereto and made
a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the
construction, maintenance and repair of the Pipeline along the route of same. Grantee agrees, at the time of
construction, to bury said Pipeline (except for fittings, corrosion control equipment, marker signs, vent posts and
other apparatus) to a depth of at least forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said permanent right of way and easemen~ and will not change the
grade over any Pipeline constructed hereunder; However Grantor specifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities.
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft, either directly or by mail to Grantor, or to
, who is hereby appointed agent and authorized to receive
and receipt for such payment. If mailed, such payment shall be considered made as of the date of mailing thereof to
Grantor or to said agent. (No change in the ownership of the land affected by this Grant shall affect payment
hereunder until thirty (30) days after Grantee shall have received a copy of a recorded instrument evidencing such
change). If two or more persons are entitled to receive any payment hereunder, proportionate part of such payment
Page 1 of 2
e
e
to which each person is entitled may be made to such person or his agent separately as provided above. The
payment tendered to such person or his agent of his portion of such payment shall maintain this agreement as to
such person and interest in the above described lands.
This Right of Way Grant shall be governed by, and subject to the terms and provisions of Chapter 18-A
"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written, covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument executed this
day of
,1999.
ATTEST:
CITY OF LA PORTE, a municipal corporation
by:
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
"
, 1999, before me, a Notary Public,
, in his/her capacity as
of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation.
On this
personally appeared
day of
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
O:\ROWDept\ROWGroup\Forms\ROW\Strang RR Re-route.Eas.tcm07700.doc
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"Exhibit A"
HARRIS COUNTY, TEXAS
RICHARD PEARSALL SURVEY, A-625
f
"POINT OF TERMINA nON"
"0" STREET (60' W)
I
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TOTAL LENGTH
1,116.7 FT.
67.7 RODS
CITY OF LA PORTE
8.07 AC.
(FILM CODE 066-75-2158)
D.R.H.C. T.
Q.J
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CI TY OF LA PORTE
18.38 AC.
(FILM CODE 128-96-0926)
D.R.H.C.T.
f
DAVID C. ANGEL AND GERALD GARRIE
~ PROPOSED
EAS~MENT
(20 W.)
1
REV.
GENERAL REVISION/LINE CHANGE
DESCRIPTION
RRF
BY
/24/99
APP. DATE
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H.L.BeP. CO.
EASEMENT (120'W)
Ie.
"POINT OF BEGINNING"
SBS.4J'20.W-55.7'
"P.O.C."
ct. PROPOSED
6" PIPELINE
EASEMENT DETAIL
N.T.S.
SCALE
JOB NUMBER
PROPOSED 10" AND 6" PIPELINES
ACROSS
CITY OF LA PORTE
HARRIS COUNTY TEXAS
TCM-On .00 Be MDT -036.20
INDEX NUMBER DRAWING NUMBER
SITE SUBJECT SEAPL 114
LOCATION
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Reference: Dwg. SEAPL 114
"Exhibit B"
BASELINE DESCRIPTION
PROPOSED PIPELINE EASEMENT
ACROSS CITY OF LAPORTE PROPERTY
HAREUSCOUNTY,TEXAS
DESCRIPTION OF A PROPOSED 20 FEET WIDE PIPELINE EASEMENT IN THE CITY
OF LAPORTE IN THE RICHARD PEARSALL SURVEY, ABSTRACT 625, HARRIS
COUNTY, TEXAS, AND BEING OVER, THROUGH, AND ACROSS A CITY OF LAPORTE
18.38 ACRE TRACT, AS RECORDED IN FILM CODE 128-96-0926, AND A CITY OF
LAPORTE 8.07 ACRE TRACT, AS RECORDED IN FILM CODE 066-75-2158, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS WITH ALL BEARINGS HEREIN BEING BASED UPON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, SOUTH CENTRAL ZONE.
COMMENCING at a 5/8" iron rod marking the southeast corner of the of the above referenced
18.38 acre tract, said iron rod also being a point on the west right of way line of a Union Pacific
Railroad 100 foot wide right of way;
THENCE from said 5/8" iron rod South 860 43' 20" West, along the south line of the 18.38 acre
tract, a distance of 55.7 feet to a true "POINT OF BEGINNING" of the herein described
baseline.
THENCE from said "POINT OF BEGINNING" North 03008' 52" West a distance of 1,116.7
feet to a point on the north line of above referenced 8.07 acre tract, and the south right of way
line of "D" Street, a dedicated right off way 60 feet in width. Said point also being the "POINT
OF TERMINATION" of herein described baseline.
Total Length: 1,116.7 feet
67.7 rods
Date 2/24/99
G:\odrawings\ 13\ 1 33i\plats\SEAPL 139
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R1W#:
Draft No.:
TCM-077.00 & MDT-36.20
RIGHT OF WAY GRANT
STATE OF TEXAS ~
COUNTY OF HARRIS ~
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned CITY OF LA PORTE, a municipal corporation of Harris County, Texas (hereinafter
called "Grantor"), whether one or more, for and in consideration of the sum of TEN DOLLARS ($ 1 0.00 1 in hand
paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant, bargain, sell, warrant and convey unto SEADRIFT PIPELINE CORPORATION, a Delaware
corporation, its successors and assigns (hereinafter called "Grantee"), a right of way of perpetual easement to, at
any time and from time to time, lay, construct, maintain, alter, inspect, operate, repair, relocate, change the size of,
remove and replace two (2) pipelines and appurtenances thereto, including fittings, corrosion control equipment,
marker signs, vent posts and other apparatus above the ground (hereinafter called "Pipeline"), for the transportation
of petroleum, petroleum products and derivatives and any other liquids, gases, or substances which can be
transported through pipelines, Grantee to have the right to select, change or alter the route during or prior to
construction on, over, across a twenty foot (20') strip of land situated on lands owned by Grantor or in which Grantor
has an interest in Harris County, Texas, described as follows:
18.378 acres of land, more or less, situated in the Richard Pearsall Survey, A..o25, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated May 15, 1987, from WILLIAM E. STILES, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 128-96-0926, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
and
8.072 acres of land, more or less, situated in the Richard Pearsall Survey, A..o25, Harris County,
Texas, as more particularly described by metes and bounds as set forth in Exhibit "A" of the certain
Warranty Deed, dated December 3, 1986, from SEN J. FORTSON, TRUSTEE to the CITY OF LA
PORTE, a municipal corporation, recorded under Film Code No. 066-75-2158, et seq. of the Official
Public Records of Real Property of Harris County, Texas, to which instrument reference is hereby
made for all purposes.
The right of way and easement herein granted shall have a permanent width of twenty feet (20'), as shown on
Exhibit "A", and as more particularly described by metes and bounds on Exhibit "S", both attached hereto and made
a part hereof. In addition, Grantee shall have the right to use such additional space as may be necessary for the
construction, maintenance and repair of the Pipeline along the route of same. Grantee agrees, at the time of
construction, to bury said Pipeline (except for fittings, corrosion control equipment, marker signs, vent posts and
other apparatus) to a depth of at least forty-eight (48) inches.
Grantor further grants and conveys unto Grantee the right of ingress and egress on, over, across and through
said twenty foot (20') strip of land for all purposes necessary or incidental to the exercise of the rights herein
granted.
Grantor reserves the right to use and enjoy said lands except as may be necessary for the purposes herein
granted, provided Grantor shall not construct or permit to be constructed any house, structure, reservoir or other
obstruction or excavation on, over or within said permanent right of way and easement and will not change the
grade over any Pipeline constructed hereunder; However Grantor speCifically reserves the right for perpendicular
crossings of Grantee's Pipeline with pipelines, roads, streets, driveways, rail spurs, water lines, sewer lines and
other utilities or facilities.
The consideration recited above, shall constitute the full consideration for the right of way and easement herein
granted, and for normal construction damages. Grantee further agrees to pay for all damages to growing crops,
fences and timber on said land which may be caused in the future by the exercise of the rights granted hereunder,
provided that after the Pipeline has been constructed, Grantee shall not be liable for damages caused by keeping
the said right of way area clear of trees, undergrowth, brush and obstructions.
Any payment provided for hereunder may be made by check or draft, either directly or by mail to Grantor, or to
, who is hereby appointed agent and authorized to receive
and receipt for such payment. If mailed, such payment shall be considered made as of the date of mailing thereof to
Grantor or to said agent. (No change in the ownership of the land affected by this Grant shall affect payment
hereunder until thirty (30) days after Grantee shall have received a copy of a recorded instrument evidencing such
change). If two or more persons are entitled to receive any payment hereunder, proportionate part of such payment
Page 1 of 2
e
e
to which each person is entitled may be made to such person or his agent separately as provided above. The
payment tendered to such person or his agent of his portion of such payment shall maintain this agreement as to
such person and interest in the above described lands.
This Right of Way Grant shall be governed by, and subject to the terms and provisions of Chapter 18-A
"Pipeline Transportation" of The Code of Ordinances of The City of La Porte, Texas.
The terms and provisions hereof shall be binding upon and shall inure to the benefit of the heirs, personal
representatives, successors, and assigns of Grantor and Grantee, and Grantee is expressly granted the right to
assign this right of way and easement, or any part thereof or interest therein, and the same shall be divisible among
two or more parties as to any right or interest created hereunder.
This agreement may be executed in counterparts and shall be binding upon each party executing any
counterpart. Each such counterpart so executed shall have the same force and effect as an original instrument as if
all of the parties to the aggregate counterparts had signed in the same instrument. Signature pages and
acknowledgments from separate counterparts may be combined and attached to one counterpart for recording
purposes.
This agreement is the result of open and extended negotiations between the parties hereto, each party having
contributed toward the drafting hereof, directly and/or by counsel. To the greatest extent allowed by law, there shall
be no application of the rule of construction of documents against the drafter.
The acceptance by Grantee of this agreement and its consent thereto are evidenced by its payment to Grantor
of the consideration first recited above.
This agreement, as written, covers the entire agreement between the parties and no other representations or
agreements, written or oral, have been made modifying, adding to or changing the terms hereof or inducing the
execution hereof and the person obtaining this agreement on behalf of Grantee has no authority to make any
promise, agreement or representation not expressly set forth herein.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever or until released by a recordable
instrument.
In witness whereof this instrument executed this
day of
,1999.
ATTEST:
CITY OF LA PORTE, a municipal corporation
by:
(printed/typed name) (title)
Taxpayer I. D. :
Corporate Acknowledgment
THE STATE OF TEXAS 5
COUNTY OF HARRIS 5
On this
personally appeared
day of
, 1999, be,fore me, a Notary Public,
, in hislher capacity as
of the CITY OF LA PORTE, a municipal corporation, to me known to be the person
described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as the
free act and deed of said municipal corporation.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
O:IROWDepllROWGroupIFonnsIROWISInIng RR R_.eu.lcm07700.doc
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"Exhibit A"
HARRIS COUNTY, TEXA
RICHARD PEARSALL SURVEY, A-625
f
"POINT Of' TERMINATION"
"0" STREET (60' W)
Q.l CI TY OF LA POR TE
8.07 AC.
(FILM COOE 066- 75- 2158)
O.R.H.C. T.
e-
I
CITY OF LA PORTE
18..38 AC.
(FILM COOE 128-96-0926)
O.R.H.C. T.
e
DAVID C. ANGEL AND GERALD GARRIE
Ii
U
TOTAL LENGTH
1,11S.7 FT.
67.7 RODS
It. PROPOSEO
E(AS~MEIiT
20 W.)
GENERAL REVISION/LINE CHANGE
REV. DESCRIPTION
RRF /24/99
BY APP. DATE
't~" STREET
H.L.&P. CO.
EASEMENT (120'W)
II
"POINT OF BEGINNING"
SB8"4J'20.W-55.T " ..
P.O.C.
EASEMENT DETAil
N.T.S.
SCAlE
PROPOSED 10 AND S" PIPElINES
ACROSS
CllY Of LA PORTE
HARRIS COUNTY TEXAS
TCM-OnOO & MDT -0.36.20
!NO NUIIB 0 WING NUll
llCAl10N SlfE
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Reference: Dwg. SEAPLll4
"Exhibit B"
BASELINE DESCRIPTION
PROPOSED PIPELINE EASEMENT
ACROSS CITY OF LAPORTE PROPERTY
HARRIS COUNTY, TEXAS
DESCRIPTION OF A PROPOSED 20 FEET WIDE PIPELINE EASEMENT IN THE CITY
OF LAPORTE IN THE RICHARD PEARSALL SURVEY, ABSTRACT 625, HARRIS
COUNTY, TEXAS, AND BEING OVER, THROUGH, AND ACROSS A CITY OF LAPORTE
18.38 ACRE TRACT, AS RECORDED IN FILM CODE 128-96-0926, AND A CITY OF
LAPORTE 8.07 ACRE TRACT, AS RECORDED IN FILM CODE 066-75-2158, OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS WITH ALL BEARINGS HEREIN BEING BASED UPON THE
TEXAS STATE PLANE COORDINATE SYSTEM, NAD83, SOUTH CENTRAL ZONE.
COMMENCING at a 5/8" iron rod marking the southeast comer of the of the above referenced
18.38 acre tract, said iron rod also being a point on the west right of way line ofa Union Pacific
Railroad 100 foot wide right of way;
THENCE from said 5/8" iron rod South 860 43' 20" West, along the south line of the 18.38 acre
tract, a distance of 55.7 feet to a true "POINT OF BEGINNING" of the herein described
baseline.
THENCE from said "POINT OF BEGINNING" North 03008' 52" West a distance of 1,116.7
feet to a point on the north line of above referenced 8.07 acre tract, and the south right of way
line of "D" Street, a dedicated right off way 60 feet in width. Said point also being the "POINT
OF TERMINATION" of herein described baseline.
Total Length: 1,116.7 feet
67.7 rods
Date 2/24/99
G:\odrawings\13\ I 337\plats\SEAPL 139