HomeMy WebLinkAboutC2020-153 - 4/21/2020 - ApprovedREVOCABLE EASEMENT
(Dean Pipeline Company, LLC —TX -Nil -0092.20000)
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That, the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation,
P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting
by its duly authorized City Manager, or designee, ("City Manager") in consideration of the
sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a
Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston,
Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further
consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and
Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of
Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as
amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said
DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30') wide easement
together with the right to install, operate, repair, replace, relocate and maintain one
pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid
form, across, under and upon the land owned by Grantor described and shown on the
attached Exhibit A and Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as described and shown on
the attached and incorporated Exhibits "A" and "B", for the purpose of relocating,
installing, operating, repairing, replacing, and maintaining said Improvements under the
following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home -rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or his designee.
d) Director means Citys Director of Engineering Services or his designee.
e) Risk Manager means City's Director of Risk Management or his
designee.
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f) City Attorney means City's City Attorney or his designee.
g) Grantee means Dean Pipeline Company, LLC.
h) Improvements means one pipeline not to exceed eight (8) inches in
diameter, together with appurtenant facilities including, but not limited to,
valves, meters. regulators, cathodic protection, pigging facilities, test leads,
and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace,
repair, or remove the Improvements.
j) Exhibit "A" means the description of the Grantor's land and Exhibit "B"
means the survey map showing the location where the Improvements enter
or cross City property.
k) City Utilities means the City's Water, Wastewater, Storm Water and Gas
divisions.
I) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1) prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative, and the Drainage Representative is the respective
name for each division's authorized representative as set out above, and
collectively called the Utilities Representative.
n) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2 -feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
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o) City Inspector means that person acting on behalf of a City Utility or the
City Street Department inspecting the relocation, installation. operation,
repair, replacement, and maintenance of the Improvements.
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced, and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair,
or replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of
Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the
Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to City Code
of Ordinances Chapter 35, Article VII, which provides for emergency response
coordination for pipelines transporting hazardous substances, liquids, and gases,
including information reporting requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline
will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee
will also maintain a minimum of twelve (121 feet clearance between Grantee's pipelines
and any City water transmission pipelines. Grantee must notify the Texas One -Call for
utility locations in the Revocable Easement Area at least 48 hours prior to the start of
construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements, Grantee must provide protection at all road crossings or ditches, by either
casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the
Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the
method on the construction plans.
Grantee will maintain a minimum clearance of ten (10) feet between Grantee's
pipeline and any existing concrete lined drainage channels located on Grantor's property.
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
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through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of
Department of Transportation or Railroad Commission laws, rules, or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
of such notice to commence to cure the stated violations, within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations, this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right-of-way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right-of-way.
9. Assignability. This Revocable Easement, and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person, firm, corporation, partnership, or other entity, with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
Grantor's consent to the assignment.
10. Construction Drawings & As-Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water - 60" TimeWamer - 12" KMC
Wastewater - 18" SWB/AT&T - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12"
Storm Water - 18" ESPIRE - 12" Caprock
The Grantee must provide the Director with a 11 x 17 " size reproducible set of as -built
drawings of the Improvements within 60 days after completion of construction failure to
do so may result in Grantee's Revocable Easement being forfeited by the City.
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11. Insurance. The Grantee must not commence work under this Agreement
until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
of required insurance coverage is specified in the attached and incorporated Exhibit "C".
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity agreement in this Agreement. Such policies of insurance must include the City
as an additional insured with respect to any liability arising out of the Grantee's and its
Contractors use or maintenance of the Improvements in the Revocable Easement Area.
The insurance policies specified must include an endorsement stating that the insurance
company(ies) must give the Director 30 days written notice by certified mail. before any
policy covered thereby is canceled, not renewed, or materially changed. Copies of all
insurance policies from Grantee and Contractor must be provided to City Attorney within
30 days after City Managers reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attomey within 30 days of the City Managers reasonable request therefor if an
incident -relating to the Improvements or Grantee's operations hereunder -occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attomey
General for a determination whether the records are "Public Information" under the Texas
Pubic Information Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi,
its officers, employees and agents ("indemnitees") against any and all liability,
damage, loos claims, demands, and actions of any nature whatsoever on account
of personal injuries (including without limitation, workers compensation and death
claims), or property loss or damage of any kind, or any other kind of damage which
arise or are claimed to arise out of or in connection with the Grantee's or Grantee's
officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's
contractors' negligent acts or omissions or acts of intentional or willful misconduct
In their respective Installing or marking of the Improvements or other construction,
operation, maintenance, repair, control, or use of the Improvements or the
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Revocable Easement Area, including but not limited to, those damages arising out
of Indemnitees' intentional or negligent acts in cutting or causing to be cut the
Improvements during installation, repair, replacement, maintenance, or operation
of City utilities located In or adjacent to the Revocable Easement Area; and
including but not limited to those damages arising out of the Grantee's or Grantee's
Agents' intentional or negligent acts in cutting or causing to be cut City utility lines
during Grantee's or Grantee's Agents' or Grantee's contractors' use of the
Revocable Easement Area. This provision shall continue so long as Grantee's
Improvements are located on City property.
13. Repairs to City's Improvements or Franchisees' Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate city
operations or protect the public safety. Upon notice from the Director, Grantee shall
promptly remove the speed abandoned Improvement. If a Grantee abandons
Improvements, the Grantee remains responsible for the safe condition of the
Improvements after the pipe is abandoned. The City will not assume ownership or control
over the abandoned Improvements, and the City assumes no responsibility for their
maintenance and safety, unless the City in writing accepts a particular facility. Subsection
49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and
appurtenances not removed by Grantee after abandonment. If Grantee removes any
pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole
cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances.
15. General Conditions.
a) Recordation. Grantee, at Grantee's expense, will record the Revocable
Easement at the Office of the County Clerk, Nueces County Courthouse
and Grantee will provide a recorded copy to Grantor.
b) Notification end Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
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The Utility Representatives, Ole Street Superintendent, and the
Franchisee's Representatives may have a representative present during
Grantee's construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director If the Grantee will provide the Director or "Designee" sufficient
and satisfactory soil analysis information to support the wet bore.
ii) Open -Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub -base, and replace with new concrete
or asphalt. The pavement repair must consist of 5 -inches of compacted
Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e.,
3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement
must extend over the existing base for a width of 12 -inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC -
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline, such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand, with a minimum of 8 -inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
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transmission main (16" diameter and above), the Contractor will uncover
the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3 -foot vertical separation; however Grantee must maintain a twelve (12) foot
vertical and 5 -foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City construction standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspectors
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City's costs (labor and equipment) associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice. The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
If Contractors work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area, including without limitation work around any existing Water
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $30131 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half-day - 4 or more hours of work - constitutes a whole
working day far purposes of calculation. Any time in excess of 8 hours a
day. or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be
on file with the Director.
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f) Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing, operating, repairing, and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave ovemight
any equipment or material in City property. Grantee's equipment or stock
pile of material on private property, or on City right-of-way during the day,
must not obstruct the vision of vehicles or pedestrians for 500 feet either
direction from a street intersection or driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal, tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required, the number, location, and frequency of testing. All testing is at the
Contractors expense.
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k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
I) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as -built drawing required by Section 10, to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal, state, and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee, are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes. Grantee will take full precaution when entering, using, and working
within the Exhibit A and B easement area.
17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from
the sale or distribution of natural gas to consumers, whether industrial, commercial or
residential, except AEP (Central Power & Light Company), which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time.
It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro -chemical industry.
It is mutually understood and agreed that this Agreement, as written, covers
all covenants, agreements, and stipulations between the parties and that no
representations or statements, written or oral, have been made modifying, adding to, or
changing the terms hereof, and that any party securing this conveyance on behalf of
Grantee is without authority to make representation, stipulation, covenant or agreement
not herein expressed.
Revocable Easement
[SIGNATURES ON THE FOLLOWING PAGES]
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1.
Executed this the2A day of
GRANTOR
ptio\
, 2020
ATTEST: THE CITY OF CORPUS CHRISTI
Ht'�.�%1/ �' By:�
Ci Secretary Michael Rodriguez
Chief of Staff
APPROVED AS TO LEGAL FORM:
t\ day of �i(ICCC\
By:
A istant City Attomey
ity Legal Department
, 2020
!T VCUEIL
AUYNORILt►
}i
SECKTAa 413
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me this aJ day of
2020, by Michael Rodriguez, Chief of Staff for the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Revocable Easement
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Notary Public, State of Texas
SARAH JEAN BRUNIONIOEFER
ID# 129640666
Notary Public
STATE OF TEXAS
My Comm. Exp. 08-28-2021
"1%vvv vv v v- - v v
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the 9th day
of March , 2020, by Timothy J. Dyk , in their capacity as
Agent and Attorney -in -Fact of Dean Pipeline Company, LLC, the Grantee herein, and
Grantee agrees to keep and perform the conditions imposed by the Revocable Easement.
Dean Pipeline Company,
By:
Name: imothy J. Dyk
Title:
Agent and Attorney -in -Fact
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me this 9th day of March 2020, by
Timothy J. Dyk
as Agent and Attorney -in -Fact
of Dean
Pipeline Company, LLC who declared that they = ecuted the same for the purposes
therein stated and with proper authority to do so.
Marisol S Sanchez
My Commission Expires
•. 02/22/2023
ID No. 5479092
Revocable Easement .a../10/
Dean Pipeline Company, LLC TX -NU -000 610000
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EXHIBIT A
TX -NU -0082.20000
DEAN EXPANSION
FIELD NOTES DESCRIPTION
FOR A PROPOSED 30- FOOT WIDE PIPELINE EASEMENT TO BE ACQUIRED
BY DEAN PIPELINE COMPANY, LLC
ACROSS PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI
LOCATED IN THE GREGORIO FARIAS GRANT SURVEY, A-592,
NUECES COUNTY, TEXAS
Description ofa proposed 30- foot wide pipeline easement across property belonging to City of
Corpus Christi, a called 37.806 acres, more or less, being described in Volume 672, Page 346 of
the Deed Records ofNueces County, Texas, located in the Gregorio Farias Grant Survey, A-592,
Nueces County, Texas, and described as follows:
Commencing at a found iron rod on the Southwest comer of property belonging to Seadrift
Pipeline Corp., thence South 52 degrees 28 minutes 32 seconds West, for a distance of 139.40
feet to the POINT OF BEGINNING, and having coordinates of X=1,270,846.14 and
Y=17,202,946.86, thence along the centerline of the said proposed pipeline easement described
as follows:
Thence North 06 degrees 06 minutes 30 seconds East, for a distance of 402.68 feet to a point;
Thence North 05 degrees 48 minutes 51 seconds East, fora distance of 168.58 feet to a point;
Thence North 21 degrees 49 minutes 16 seconds West, fora distance of 815.35 feet to a point
Thence North 24 degrees 16 minutes 05 seconds East, for a distance of 176.02 feet to a point;
Thence North 55 degrees 36 minutes 18 seconds West, kr a distance of 88.41 feet to the POINT
OF ENDING , having coordinates of X=1,270,602.39 and Y=17,204,482.31, which bears South
75 degrees 54 minutes 44 seconds West, a distance of 762.29 feet from a found 2" iron pipe at a
most westerly Southeast comer of property belonging to Coastal Bend Bays & Estuaries
Program, Inc, with a total length of 1.651.04 feet or 100.06 rods end affecting 1.14 acres.
Temporary Workspace
Temporary workspace being located along, parallel to, and adjacent to a 30- foot wide permanent
easement described herein containing 0.69 acres of land, more or less, as shown on Exhibit "B"
for the constriction of the pipeline and appurtenant facilities.
Additional Temporary Workspace
In addition, adjacent to and across any and all highways, roads, streets, railroads, canals, ditches,
streams or other waterways and pipelines and where the hearing of the easement changes,
grantee shall have the right to use additional temporary workspace as shown on Exhibit "13" for
the construction of the pipeline and appurtenant facilities.
All workspaces shown on Exhibit "B" are for construction purposes only and are not a part of the
easement.
SHEET 1 OF 3
All bearings, distances and coordinates are based on the NAD 83 (2011) Texas South Zone
Coordinate System. Thebove described centerline of proposed 30- foot wide permanent
pipeline easement i SAy;ka platprepared by C. H. Fenstermaker & Associates, L.L.C.
dated August 19/
t-1 REX R. SONES
0 6024
A \,.
9 eFESStoa?i' Q
Rex R. Jo - s, RPL f
Texas RPLS Registratio ' 4
C. H. Fenstermaker & Associates, L.L.C.
135 Regency Square
Lafayette, LA 70508
337-237-2200
Texas Firm No. 10028500
SHEET 2 OF 3
POINT OF ENDING
X= 1,270,602.39
Y= 17,204,482.31
S75°54'44" W
33.34' \
TX -NU -0084 10000
FND 2" IRON PIPE COASTAL BEND BAYS &
X= 1,271,341 75 ESTUARIES PROGRAM, INC.
Y. 17,204,667 86 OPR 2006017445
(MOST WESTERLY SOUTHEAST CORNER OF
PROPERTY BELONGING TO COASTAL BEND
BEND BAYS & ESTUARIES PROGRAM, INC.)
,5/4'44' - 762-29
61'0• ST ADDITIONAL
<S es ya TEMPORARY
/6' WORKSPACE
((y4
\ \
FND. 5/8" REBAR W/CAP
REME RERNANOEZ
91E PI?/,V
TX -NU -0082.20000
CITY OF CORPUS CHRIST!
CALLED 37 806 ACRES. MORE OR LESS.
DR VOL. 672, PG. 346
NUECES COUNTY, TEXAS
SEE INSET B
GREGORIO
FARIAS GRANT
A-592
CL PROPOSED
EASEMENT
FND. 3/4" IRON ROD
ADDITIONAL
TEMPORARY
WORKSPACE
4NR,')HJ1O 5
FND 1" IRON PIPE
ADDITIONAL
TEMPORARY
WORKSPACE
FND. 2" IRON PIPE
TX -NU -0079.20013
1-37 COORIDOR
ADDITIONAL
TEMPORARY
WORKSPACE
FND IRON
ROD W/ CAP
SEE INSET A
LINE TABLE
LINE
BEARING
DISTANCE
L1
N06. 06' 30"E
402.68'
L2
NOV 48' 51"E
168.58'
L3
N21° 49' 16"W
815.35'
L4
N24° 16' 05'E
176.02'
L5
N55° 36' 18"W
88.41'
1,?i l 1JSE OF
,171E . 4re, LLC
1, ••L : =Jannes;Registert P fessional
Lan�t$uaeyor,.clofietehys_tafetb plat is true
ai)d correeF to thethe best'bETny knowledge
-.........p: 6024 Y: /
t
1 '9 .Fc'SS1Q�'
... /! •!. UW%
---iR. J n F
/
Reg,ste ed Professional Land Surveyor
Registration No. 6024
POINT OF BEGINNING
X= 1,270,846.14
Y= 17,202,946.86
LEGEND
SECTION / ABSTRACT LINE
PROPERTY LINE
CL PROPOSED EASEMENT = 1,651 04 FEET (100 06 RODS)
PERMANENT EASEMENT = 114 ACRES
1E5
� PR%
NOT TO SCALE
15'
15'
1_ 1—
Iw ww zl
w o,W
w '
z owl
lZW Q W
� pi
W Ore
la Td1t1
INSET A
NOT TO SCALE
SEADRIFT PIPELINE CORP.
DR. VOL 2107, PG 963
FND. 1/2" IRON ROD
POINT OF COMMENCEMENT
X= 1,270,956 70
Y= 17,203,031 77
END, IRON ROD
(SOUTHWEST CORNER OF
PROPERTY BELONGING TO
SEADRIFT PIPELINE CORP )
S52°28'32" W
139.40'
FND 1 1/2" IRON PIPE
TX -NU -0080 20010
UP -RIVER ROAD
L.
TRACT DETAIL
MOi TO $CP F
NOTES
1 THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT I RIGHT-OF-WAY AND COMPLIES
)ATH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.
2 ALL BEARINGS, DISTANCES. AREAS AND COORDINATES REFER TO THE TEXAS
COORDINATE SYSTEM NAD 83 (2011), SOUTH ZONE (4205) U S SURVEY FEET. GRID, FOR
SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR = 0 999814473
3 PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY 8
DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS, DEAN PIPELINE COMPANY. LLC OR
ITS AGENTS
4. PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY
OWNED BY LANDOWNER NOTED
5 ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT
REFLECT ACTUAL GROUND LOCATIONS
8. FOR ADDITIONAL INFORMATION, SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A')
TEMPORARY WORKSPACE = 1 01 ACRES
ADD TEMP WORKSPACE • 069 ACRES
��. TOTAL = 2.64 ACRES
Scale: 1" = 300
300'
0 150'
300'
EXHIBIT "B"
SHEET 3 OF 3
DEAN PIPELINE COMPANY, LLC
DEAN EXPANSION
PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT
CITY OF CORPUS CHRISTI
1,651.04 FEET (100.06 RODS)
GREGORIO FARIAS GRANT SURVEY, A-592, NUECES COUNTY, TEXAS
FENSTERMAKER
C H Fenstermaker 8 Assooates, L L C
135 Regency Sq Lafayette, LA 70508
Pn 337-237-2200 Fax 337-232-3299
w w w.fcn s to r m a k e r.com
Texas Firm No 10028500
PROJ.MGR .:JCF
REVISIONS
CHIEF INSP.
No. 0
DATE' 08/19/2019
REVISED BY: MMM
DATE' 08/19/2019
No
DATE
REVISED BY.
FILENAME T: \2019 \21903791DWG\ROW_F ILESWUECESITX-NU-0082.20000.dwg
EXHIBIT C
INSURANCE REQUIREMENTS
1. GRANTEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all simitar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy
endorsements, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional insured for
the General Liability and Auto Liability policies and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is
required on all certificates or by policy
endorsement
Bodily Injury and Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
(including):
1. Commercial Broad Form
2. Premises — Operations
3. Underground Hazard (if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/ Advertising Injury
8. Sudden & Accidental Pollution
Liability
$1,000,000 Per Occurrence
$2,000,000 Aggregate
UMBRELLA/EXCESS LIABILITY
$10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY
1. Owned Vehicles
2. Hired and Non -owned Vehicles
51,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
All States Endorsement is Required if Not
Domiciled in Texas
EMPLOYERS' LIABILITY
Whtch Complies Wall The Texas Workers'
Compensation Act
$500,000/$500,000/$500,000
Revocable Easement
Dean Pipeline Company, LLC
15 all?
C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met. An "All States" endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change. Grantee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers
compensation and professional liability polices;
Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
Revocable Easement
Dean Pipeline Company, LLC
16 at 17
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non -renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City. City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
1. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Revocable Easement ins. req.
1/30/2020 ds Risk MgmL
ma•acabie easement
Dean Pipeline Company, LLC
170117
Nueces County
Kara Sands
Nueces County Clerk
'VG -67-2020-2020017779
Instrument Number: 2020017779
Official Public Records
EASEMENT
Recorded On: May 01, 2020 09:48 AM
Number of Pages: 19
" Examined and Charged as Follows: "
Total Recording: $79.00
STATE OF TEXAS
Nueces County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon, and was duly recorded in the Official Records of Nueces County, Texas
Kara Sands
Nueces County Clerk
Nueces County, TX
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
Recorded Date/Time:
User:
Station:
2020017779
20200501000027
May 01, 2020 09:48 AM
Margarita S
CLERK01
Record and Return To:
FEDEX - DEAN EXPANSION
117 AIRPORT ROAD
JERROD PILCHER
CORPUS CHRISTI TX 78405