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Home My WebLink AboutC2020-184 - 5/4/2020 - NA Page 1 of 7 AGREEMENT GRANTING A PIPELINE LICENSE TO DEAN PIPELINE COMPANY, LLC, UNDER ARTICLE VII, CHAPTER 49, CITY OF CORPUS CHRISTI CODE OF ORDINANCES, GRANTING THE RIGHT TO OCCUPY CERTAIN CITY RIGHTS-OF-WAY AND CITY- OWNED PROPERTY FOR PIPELINES THROUGH DECEMBER 31, 2020. WHEREAS, Dean Pipeline company, LLC, LP, ("Licensee") has made application to the City of Corpus Christi, Texas ("City") for a pipeline license in order to occupy property subject to certain City rights-of-way for pipeline purposes, under Article VII, Chapter 49, City's Code of Ordinances ("Article VII"); and WHEREAS, the City has determined that Licensee's application meets the requirements of Article VII; NOW, THEREFORE, LICENSEE AND CITY HEREBY AGREE AS FOLLOWS: SECTION 1. Grant of license. City grants to Licensee a license to operate, alter, inspect, repair, replace with like property, remove, construct, maintain, or abandon pipeline within the City rights-of-way as specified and described in Exhibit A, attached to this license and incorporated into it for all purposes. This license is granted under and subject to Article VII, the provisions of which are incorporated in this license and made part of this license for all purposes. The license granted commences on execution of this license by City and Licensee and expires at midnight on December 31, 2020, unless earlier terminated or extended under the provisions of Article VII. SECTION 2. Definitions. Definitions contained in Article VII apply to those terms as they are used in this license. SECTION 3. Application fee. City acknowledges receipt of Licensee's application fee of $3,000.00 for an initial application or for an application for extension, relocation, or enlargement of pipeline. SECTION 4. License fee. Licensee has tendered with its application the first annual license fee as set forth in Section 49-95, City's Code of Ordinances, in the amount of $1,500 and agrees to make additional annual payments in accordance with such Section during the term of this Agreement, as extended. SECTION 5. Indemnification. By its acceptance of this license, Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits SCANNED Page 2 of 7 of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sublicensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. SECTION 6. Notices. All notices required or permitted by the terms of this license and Article VII, are deemed sufficient if given by personal delivery, or facsimile, or by prepaid, certified mail and addressed to each party as follows: Notice to City: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361 880-3220 Facsimile: 361 880-3839 Director of Engineering Services Page 3 of 7 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361 880-3500 Facsimile: 361 880-3501 For overnight delivery: 1201 Leopard Street Corpus Christi, Texas 78401 or to any other addresses as may be designated in writing by City. Notice to Licensee: Dean Pipeline Company, LLC 1100 Louisiana Street Houston, Texas 77210-4324 or to any other addresses as may be designated in writing by Licensee. SECTION 7. Applicable law. This license must be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created under this license are performable within the incorporated limits of the City of Corpus Christi, Texas. SECTION 8. Venue. Venue for any cause of action brought under this license shall be the State courts of competent jurisdiction in Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 9. Condemnation. In the event City-owned property or City rights-of-way are taken, in whole or in part, by a governmental authority other than City, all rights created by this license may, at the option of City, as to the condemned real property, cease on the date title to the land so taken or transferred vests in the condemning authority. Licensee will not have right to any proceeds of the condemnation. Licensee has the right to seek a separate condemnation award. Nothing in this license may be construed to limit City's condemnation authority. SECTION 10. Attorneys Fees. In the event either party brings any action under this license alleging that the other party to this license has defaulted on or breached obligations created by this license, the party who prevails is entitled to recover its reasonable attorneys' fees from the losing party. SECTION 11. Waiver. Failure of either party to require the performance of any term in this license or the waiver by either party of any breach of this license does not prevent Page 4 of 7 subsequent enforcement of the particular term and is not deemed a waiver of any subsequent breach. SECTION 12. Claims reserved. City does not, by the granting of this license, waive any claims it may have against Licensee for payments related to past occupancy of City rights-of-way or City-owned property by Licensee's pipe, and nothing contained in this license operates as a bar to City's actions, undertaken at City's sole discretion, to seek to recover payment of such claims. SECTION 13. Compliance with other ordinances. Nothing in this license relieves Licensee from full compliance with Article VII, Chapter 35, City's Code of Ordinances. Nothing in this license may be construed to grant Licensee permission, as required by Section 55-3, City's Code of Ordinances, to serve natural gas consumers within the City, as opposed to sales and deliveries for resale or generation of electric energy. SECTION 14. Relationship of parties. This license may not be construed to create between City and Licensee the relationship of partnership, joint venture, principal and agent, or any relationship other than that of City and Licensee as established by the provisions of this license and Article VII, nor may it be construed to be for the benefit of any third party other than City and Licensee. SECTION 15. General Conditions of Construction. a. Licensee is advised that the top of the 8-inch pipeline to be constructed must have a minimum 10-foot clearance from the top of their proposed pipeline to the bottom of all existing City water lines, and a minimum centerline to centerline horizontal distance of 10-feet from all other existing City utilities. b. The pipeline to be constructed must meet the required conditions below, as per approval of the City Water Department: Line pipe spec'd at .250WT Grade X-52 rated to 3014psi Standard bore for project is .250WT Grade X-52 rated to 3014psi c. The pipeline to be constructed must have Cathodic Protection when crossing any existing City water lines. If improvements are needed to any of the existing City water lines, due to the possible stray current of the 8-inch pipeline making our City water lines the sacrificial anode, or if Cathodic Protection is needed on the City water lines, Licensee must provide that service to the existing City water lines. In witness whereof, this license agreement has been duly authorized, executed, and delivered by the parties as of the respective dates appearing below. I I I Page 5 of 7 CITY OF CORPUS CHRISTI, TEXAS 1.. AoAte'. C 410'4Ji'r Dated:... lf +-° .... By Doe City Manager S.13•2° Dean Pipeline Company, LLC Dated. 5.1 1/0 By Title:... AkA ` "1 )r610 110A �J,pp�`" SCHERI SCHMIDT :2 • i.':461Notary Public,State of Texas S''. �� '� Comm. Expires 08-19-2023 ''�ii,°;0 Notary ID 128205042 Approved as to form: S - 7_ 2 0 By: I � �.f"(�-z Assistant City Attorney For City Attorney I Page 6of7 EXHIBIT A (Description of Licensee's pipelines) Dean Pipeline Company LLC is proposing to install approximately 16.2 miles of 8-inch buried carbon steel pipeline intended to transport propylene within the City Limits of Corpus Christi. The pipeline originates inside an existing facility approximately 0.14 miles northeasterly of the intersection of Up River Road and Navigation Blvd(27°48'37.67"N, -97°27'7.16"W). Immediately after exiting the facility to the south and crossing Up River Road,the pipeline then turns 90 degrees to the west and crosses Navigation Boulevard approximately 380 feet south of the intersection of Navigation Street and Up River Road(27°48'30.48"N, -97°27'14.23"W)and continues westerly. Approximately 0.35 miles west of the pipeline's crossing of Valero Way,the pipeline splits to spur north inside the existing facility directly north of Up River Road(27°48'55.18"N, -97°29'18.86"W),and turns southerly to parallel an existing utility corridor(27°48'50.70"N, -97°29'19.19"W). Approximately 0.15 miles south of the crossing with HWY 407,the pipeline then turns westerly to parallel an existing utility corridor(27°48'0.82"N, -97°29'20.91"W). The pipeline continues west before traveling northwesterly through agricultural land and crossing McKinzie Road 0.93 miles south of the intersection of McKinzie Road and Haven Road(27°48'51.36"N,-97°3470.36"W).After continuing northwesterly,the pipeline then leaves the City of Corpus Christi city limits directly west of Violet Road(CR 24) 0.16 miles south of the intersection of Violet Road and Mallard Drive(27°49'24.89"N,- 97°36'1.70"W).The pipeline then continues northwesterly across agricultural land and just outside the city limit line for 0.71 miles before re-entering City of Corpus Christi City limits at a point 0.40 miles northwesterly of the intersection of Violet Road and Nelon Drive (27°49'59.79"N, -97°36'15.80"W). At a point approximately 0.53 miles northwest of the intersection of Callicoatte Road and Hearn Road, the pipeline intersects and parallels and existing pipeline and utility corridor and turning towards the north following the corridor (27°51'16.13"N, -97°36'53.30"W). The pipeline exits the City of Corpus Christi city limits on the south bank of the Nueces River and directly to the east of an existing Union Pacific Railroad rail line to the east of Interstate 37 (27°53'30.34"N, -97°37'11.48"W). • VICINITY MAP NUECES COUNTY, TEXAS „-- Morgan Farm Arca ?Yadcwir,ds Taft Edroy scd:•i lti e PROPOSED 8" PIPELINE EXIT CITY LIMITS X= 3,198,479.85 Gregory <Y=10,183,498.23 , Id J be- . ;Li Ca':•'.-.' i ora I ,, fr."' s' _ _ma 'a7-tland • "-a ' :.• . ENTER CITY LIMITS io' 1 , !+!• tel.. X= 3,198,479.85 Y=10,183,498.23Cotp 1 1111 + G �,a CIiri'_ii .tS 0 EXIT CITY LIMITS Violet 20� X= 3,198,479.85 E d Y=10,183,498.23 ,gin 0 CORPUS CHRIST!CITY LIMITS I J CCabanl5s Tierra •- `''''*• Grande e Petruma I Flour Bluff x 1— m O rn "/iii wii z 0 2019 Microso/ oration 2019 HERE 14.:'''' ' O Ni SHEET 1 OF 20 L2 DEAN PIPELINE COMPANY, LLC Z DEAN EXPANSION PROPOSED 8" PIPELINE Scale: 1"=20,000' 1 INSIDE THE CITY LIMITS OF CORPUS CHRISTI lic 20.000' 0 10,000' 20,000' NUECES COUNTY, TEXAS CNC.H.Fenstermaker&Associates,L.L.C. F E N STE RMAK ER 135 Regency gency2Sq. Fax.337-232-3299 f8 CHIEF INSP.: No.2 DATE:02/07/2020 REVISED BY:JPR/TNV Ph. www.fenstermaker.com DATE: 11/18/2019 No.F1 DATE: 12/12/2019 REVISED BY:TNV Texas Firm No.10028500 FILENAME: T'2O;>21a3R1DWG RosssG_F;LEsr:orns'auEcEsrnyOPCCONSCi eanccePUS a+esnCITY PACKAGE•m svccssIEEISag • VICINITY MAP NUECES COUNTY TEXAS PROPOSED ' TX-NU-0089.00010 RIVER LANE 8" PIPELINE CROSSING • ` -i_; " - i -- • SEE SHEET 19 OF 20 SHEETS) I t r TX-NU-0080.20010 t 54 UP RIVER ROAD TX-NU-0084.00010 CROSSING w�--- • FIGUEROA STREET - '(SEE SHEET 170F 20 SHEETS C3i Cr1 . CROSSING • `: = );' (SEE SHEET 18 OF 20 SHEETS) . J - t, ' - 4s,kt. ,...., A. — ,,, , . ,._\ -.A. „ r.. LENGTH WITHIN CITY LIMITS= r _. ° ,: ,. ,bw ._ N ± 24,170' (±46MILES) ....ii.......ii...1 f f. 6 «✓,,ar -�- tNa , 9 s � ; t. s X74°'., . a " r if(L ' ";2w °_' ,—r SEE PAGE 3 OF 20 — 1 TX-NU-0071.00010 / 'yA, +` � r'� - Y14.t,_r /// Nair HEARN ROAD X1-1 x r..- r—._ f ot�'.SUS "� , CROSSING I' y Le -- stl - 411 ; • • (SEE SHEET 16 OF 20 SHEETS) c - • y ,s '')r. � ` y >"_ -;°� t_ ; .,POE - $r '',.., - '- LENGTH WITHIN CITY LIMITS .Y P. 7.....', "77;-,-,,.. _ ±61,467' (± 11.6 MILES) .1�.r �' Wi ' 1'r''+ ••-.„.:t 4 TX-NU-0053 00010 • . 711pj' c'•A -t _link N.CLARKWOOD RD. r • .i; • _ 9 F • .„i ii.tit; a rs i 1_� i , CROSSING ' 3,------•..-- N hr T • .4. -r_. '''•-”'~� -��.'-`- . '' (SEE SHEET 150F 20 SHEETS) . . 1 i -' ^ TX-NU-0042.00010 40 +'' • ?-s HWY.407(LEOPARD STREET) TX-NU-0050.00010 y > ' r CROSSING .*:):4-. le MANNING ROAD N.Ta , f R� :• CROSSING ''*C (SEE SHEET 120F 20 SHEETS I (SEE SHEET 14 OF 20 SHEETS 4-,a;• `a i A rev TX-NU-0049,00010 'I. ct`fl , ' • ILO'' t + e BRONCO ROAD . e SI _ ,N �':.; CROSSING •.. ' _ (SEE SHEET 130F 20 SHEETS) - �' ~.` 314il . .1. \r‘, : All" ';!'r:.• i•i a. f A ) ' W ,� tie r ti. • ° , '16e , `01 tr r c 8 P - TOTAL LENGTH WITHIN CITY LIMITS ` U�" .<-�' iiZ = ± 85,637' (± 16.2 MILES) Z ~ .oral . i • �, o } :r SHEET 2 OF 20 DEAN PIPELINE COMPANY, LLC zs (3." o DEAN EXPANSION Scale: r = 10,000PROPOSED 8" PIPELINE INSIDE THE CITY LIMITS OF CORPUS CHRISTI 10,000'III 0 5.000' 10,000' NUECES COUNTY, TEXAS PROD.MGR JCF REVISIONS C.H.Fenstermaker&Associates,L.L.C. FENSTERMAKER 135 Regency 37enc-2Sq.Lafayette, 337-232-3299 8 CHIEF INSP:PNo 0 DATE 02/07/2020 REVISED BY:JPR/TNV www.fenstermaker.com DATE: 11/18/2019 No.1 DATE: 12/12/2019 REVISED BY:TNV N1� Texas Firm No 10028500 FILENAME: I I20M91219t3T5DWG CROSSING_FILES'ROADSNUECES'orYOF CORM CPRISTFCORRJS CHRISTI CRY PACKAGE•IHCEX_SPECSSHEETS.Rq Nueces County Kara Sands Nueces County Clerk *VG-50-2020-2020020529" Instrument Number: 2020020529 Official Public Records AGREEMENT Recorded On: May 21, 2020 09:17 AM Number of Pages: 9 " Examined and Charged as Follows: " Total Recording: $39.00 I %%%%%�%y STATE OF TEXAS 6CY COU91 Nueces County f , *it I hereby certify that this Instrument was filed in the File Number sequence on the date/time Q i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas °ft)). NUEc�c,%. Kara Sands Q G�nWL Nueces County Clerk /\ Nueces County, TX sCC JJ ***********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: Record and Return To: Document Number: 2020020529 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200521000033 2406 LEOPARD STREET Recorded Date/Time: May 21, 2020 09:17 AM User: Lisa C CORPUS CHRISTI TX 78408 Station: CLERK03