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REVOCABLE EASEMENT " �'
Amendment No. 1 gffIcial Record= o;
ES :J ft
(TexStar Midstream Mildly,LP,Tract DC-NUE-91i1,111.' AhaC.
NiiigTitAlArY
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 TexStar Midstream Utility, LP, whose
address is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas,
("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 TexStar Midstream
Utility, LP, the right to relocate, install, operate, repair, replace, and maintain one
refined products pipeline not to exceed twelve (12) inches in diameter, and one
additional refined products pipeline not to exceed six (6) 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 on the attached Exhibit A and shown on the attached 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 shown on the
attached and incorporated Exhibit "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 City's 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 TexStar Midstream Utility, LP.
h) Improvements means one refined products pipeline not to exceed
twelve (12) inches in diameter, and one (1) additional refined products
pipeline not to exceed six (6) 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 and B means the Exhibits, whether 1 or more pages, showing
the locations 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,
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the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
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
Ordinance No. 021776, approved on October 20, 1993, 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 (12') feet clearance between
Grantee's pipelines and any City water transmission pipelines. Grantee must notify the
Texas One-Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800-
828-5127 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
pipelines and Grantor's concrete lined drainage channel located on Grantee's
construction drawing, Sheet 6, Station 278+00.
6. Operatina Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad
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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 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 - 12"
Wastewater - 18" SWB - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12"
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Storm Water - 18" ESPIRE- 12" Caprock - 12"
The Grantee must provide the Director with a 24"x36" 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.
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 Contractor's 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 Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to
the City Attorney within 30 days of the City Manager's 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 Attorney
General for a determination whether the records are "Open Records" under the Texas
Open Records 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, loss claims, demands, and actions of any nature whatsoever on account
of personal injuries (Including without limitation, workers; compensation and
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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 officers', agents', and employees' ("Grantee's Agents' ")
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
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' 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
specified 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. City will file the Revocable Easement at the Nueces
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County Courthouse and Grantee will reimburse City for the recording fees.
b) Notification and 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.
Contractor must notify the Utility Representatives at:
Water Representative - 361 - 857-1888 (880-3140, after hours)
Wastewater Representative - 361 -857-1818 (880-3140, after hours)
Gas Representative - 361 - 885-6900 (885-4396, after hours)
Street Superintendent - 361 - 857-1940 (886-2600, after hours)
Storm Water Superintendent- 361 - 857-1881 (880-3140, after hours)
Traffic Signal & Fiber Optic -361 -857-1940 (886-7452, after hours)
Texas One Call - 361 - 1-800-245-4545
1-800-DIG-TESS - 361 - 1-800-344-8377
and the Franchisee's Representative(s) at:
SWBT -361 -881-2511 (1-800-824-4424, after hours)
AEP (CP&L) - 361 -299-4833 (693-9444, after hours)
Time Warner - 361 - 857-5000 (857-5060, after hours)
Grande (ClearSource) - 361 - 814-1500 (334-3000, after hours)
Espire (Fiber Optic) - 880-5934 (pager, 850-2652, after hours)
KMC (Fiber Optic) - 504 -733-3900 (pager, 1-800-676-9407)
ICG (Fiber Optic) - 361 - 561-3204 (361-774-3889, after hours)
Caprock (Fiber Optic) - 972-702-7924
to verify depths, locations, and time of beginning construction or repair
The Utility Representatives, the 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.
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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 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
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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 constructions standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
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 Contractor's 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 $301.31 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 for 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.
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,
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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 overnight
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 Contractor's expense.
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
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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, for City purposes.
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.
This Revocable Easement for this tract of land substitutes and revises the
Revocable Easement for this tract of land authorized by Corpus Christi City Council on
September 17, 2013 by Ordinance 029956.
zo/5
Executed this theay of7 ;2014 •
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GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
1 By: ik' tqw C -giku.)
City Secretary *Ron L. Olson, City Manager
APPROVED S TO LEGAL FORM:
day of -'1'''' ,-2044
By: — ,/V/,
Q1 O JOvAU n
.;..� uKIL <
, Assistant City Attorney
rf cetiNcil..._12-Z
/v.
SECRETARY' i
THE STATE OF TEXAS §
COUNTY OF NUECES §
5�]
This-inst nt wa ackno 'ledged before me on ! , 201fi, by
`�1(1 , C' ?anag r, of the City of Co Christi, a Texas municipal
corporation, on behalf of said corporation.
' a0
j I /
s
. . .
Nota Public,1 State of Texas 0
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GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the 21-/-7N day
of Nnvc n'x , 2014, by d AvLo v e. 6/2,4 y , in their capacity as vkc F* z r
,c reveS1144 inSDS7l7EA,K F.
GrNC/+•AL ?o+etr�er'+- of TexStar Midstream Utility, LP, the Grantee herein, and
Grantee agrees to keep and perform the conditions imposed by the Revocable
Easement as amended.
TexStar Midstream Utility, LP
By:
Name: GpvLoa i. GaAy
Title: v ice juts,oc'N of TEXs-rzrn. m,t>srnt t lT &P, LLc
/rs GENrg-Ac. 7AnTniEiz-
THE STATE OF TEXAS §
COUNTY OF SEXIA §
This instrument was acknowledged before me this d U 1 'a of )110Vevii4 f"
2014, by etlre1 was vi Le loam' &leo
, of TexStar Midstream Utility, LP who declared that they executed the same for the
purposes therein stated and with proper authority to do so.
/(2•00; 14..c. )
r� Notary Public, State of Texas
�.! e�, Sherrin Watkins
-4'1*1 Commission Expires
-74%0, 01-24-2016
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EXHIBIT A
[METES AND BOUNDS]
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EXHIBIT B
[PICTURE DIAGRAM OF SITE]
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EXHIBIT C
INSURANCE REQUIREMENTS
I. 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 similar insurance required
of the subcontractor has been obtained.
B. Grantee must furnish to the City's Risk Manager and Director of Development Services,
two (2)copies of 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 Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $I,000,000 Per Occurrence
(including): $2,000,000 Aggregate
I. 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
UMBRELLA/EXCESS LIABILITY $I0,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $I,000,000 COMBINED SINGLE LIMIT
I. Owned Vehicles
2. Hired and Non-owned Vehicles
POLLUTION LEGAL LIABILITY $5,000,000 Per Claim
including; $5,000,000 Aggregate
Third Party Remediation
Revocable Easement
TexStar Midstream Utility.LP
16 of 18
WORKERS' COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act And Paragraph Ii Of
Domiciled in Texas This Exhibit
EMPLOYERS' LIABILITY $500,000/$500,000/$500,000
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 REOUIREMENTS
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 I0 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
(36I) 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:
Revocable Easement
TexStar Midstream Utility.LP
17 of 18
• 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
• 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(I0)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.
F. 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.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
TexStar Midstream
Revocable Easement ins. req.
6/27/20I3 ds Risk Mgmt.
Revocable Easement
TexStar Midstream Utility,LR
180118
•
TEXSTAR MIDSTREAM SERVICES LP.
EXHIBIT "A"
NUECES COUNTY, TEXAS
50 FOOT WIDE EASEMENT DESCRIPTION
February 06,2013
Sheet 2 of 2
DESCRIPTION: EASEMENT
A 50 foot wide easement,being twenty five-feet(25)left of and twenty five-feet(25)right of a surveyed
baseline as shown on Sheet 1 of 2 of this Exhibit"A",being situated in the Gregoria Farias Survey,
Abstract No.592,Nueces County,Texas,and out of a called 13.963 acre tract of land(Tract 2b),awarded
to The City of Corpus Christi by Judgement,in Cause No.71,styled City of Corpus Christi vs.Clyde
Jennings and Zelda Jennings,recorded in the Minutes of the County Court of Nueces County,Texas,said
50 foot wide easement being more particularly described along a surveyed baseline by centerline
description as follows:
BEGINNING(B.O.L)on the Northeast line of said 13.963 acre tract and on the Southwest line of a called
4.726 acre tract of land described in a deed to the R.E.Stanley and wife Paula Stanley,recorded in
Document No.2006027304,Official Public Records,Nueces County,Texas(O.P.R.N.C.T.),from which
a 1-inch iron pipe found on the Northeast line of said 13.963 acre tract,same being the Southeast corner
of a said 4.726 acre tract,bears:South 56°07'35"East,a distance of 21.81 feet;
THENCE South 15°24'54"East,a distance of 645.82 feet;
THENCE South 02°39'40"East,a distance of 495.74 feet to the Southwest line of said 13.963 acre tract,
and the Northeast line of a called 4.92 acre tract of land,described in a deed to The City of Corpus
Christi,recorded in Volume 1370,Page 27(D.R.N.C.T.),for the END OF THIS DESCRIPTION,and
POINT OF EXIT(P.O.E),from which a 5/8-inch iron rod found for the South corner of said 13.963 acre
tract,bears:South 55°47'15"East,a distance of 89.98 feet.
The above surveyed baseline traverses the said 13.963 acre tract for a total distance of 1,141.56 feet or
69.19 rods and containing 1.31 acres of land in said easement.
All bearings and distances contained herein are grid,based upon the Texas State Plane Coordinate
System,South Zone,of the North American Datum 1983,in U.S.Survey Feet.
DESCRIPTION: TEMPORARY WORK SPACE:
A Temporary Work Space out of said 13.963 acre tract of land,located West of and adjoining the West
line of the previously described Easement as shown on Sheet 1 of 2,containing a total of 0.79 acre of
land.
Plat of even date accompanies this field note description.
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Suite 197 Mark D. Bryant Sr.r R.P.L.S. No. 4360
Fort Worth,TX 76140 February 06, 2013
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R. E.TX-NSTANLEY ANDS.00
WIFE EXHIBIT '.*B"
PAULA STANLEY
C. FARMS SURVEY, ABSTRACT NO. 592
DOCUMENT No.. 2 2006006 027304
CALLED 4.726 ACRES NUECES COUNTY TEXAS
LESS 0.425 TO RAIIR?4D EASEMENT PLAT 1"'
Yet. O.P.R.N.C.T. 7
'� TOTAL LENGTH: 1141.56 FEET OR 69.19 RODS
•
TOTAL EASEMENT: 1.31 ACRES
11 \ \ TEMPORARY WORKSPACE: 0.79 ACRE
TX-NUE-SFTE-056.00 1
ROBERT E STANLEY,
DOCUMENT No. 2007032025 •
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SCALE 1.= 200' \ \ FARIAS GRANT SUBDIVISIONSR.
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UNE 7,,,„x/LINE BEARING DISTANCE
1 S 1524'54'E 845.82•
2 S 0739'40'E 495.74'
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LOYALTY INNOVATION LEGACY
1499EVERUAN PARKWAY,Ste.197•FT.WORTH.HEMS 76140 Mark D. Bryant, Sr., R '.L.S. No:4360
TELEPHONE,@1T 7447512•FAX(617)744-7548
TEXAS FIRMREGITRATION NO.100425O4 February 06, 2013
1P0ANYTOPOGRNVOC.COM Field note description of even date accompanies this plat
631 VALVE SPIE REVISION: `rte
1. ORIGINAL DOCUMENT SRM 95"X 14'
TO ROBSTOWN INT DATE 2 ALL REMAINNS.DISTANCES.AND 00080 UTE VALDE CONTAINED HEREIN ARE GRD BASED UPON THE TEXAS STATE PLANE
COORDINA1983
TX—NUE—SYFE-057.00 3. CERTIFICATION 6 MADE ONLY TSOUTH O THEE. Lwcsno cc THIS EARDE TS.SURVEY FEET,NORTH HIN RELATION DAM
THE EVIDENCE FOUND DURING A
FIELD SURVEY.MADE ON THE GROUND.LANDER TM SUPERVISION.ANO USING DOCUMENTATION PROVDED BY TEASTAR
- -- - MIDSTREAM SERVICES LP.ONLY MOIIES/E.ASENENTS THAT WERE VISIBLE ON THE DATE OF THIS SURVEY,
DATE: 02/06/13 WITHIN/ADJOINING THIS EASEMENT.HAVE BEEN LOCATED AS SHOWN HEREON OF WHICH I HOE KNOMEDCE THIS
CERTIFICATION IS UNITED TO THOSE PERSONS OR ENTRIES SHOWN ON THE FACE OF THS RAT AND IS
RLE:EP_1XL.ME SFILO51.W_CB 1JS NON-TRANSFERABLE,AND MADE FDR THIS TRANSACTION ONLY.
4. B.O.L/P.0.B.-BEGINNING OF LRE/POINT OF BEGINNING
DRAWN BY: TLD 5. E.O.L/P.O.E-IND OF LME/POINT OF EXIT
6. D.RPLC.T.-DEED RECORDS NIECE COUNTY.TEXAS
7. O.R.N.C.T.-OFFICIAL RECORDS NUECES COUNTY.TEXAS
SHEET : 1 OF 2 a OP.R.N.C.T.-OFFICIAL PUBLIC 61001DS NUECES COUNTY.TEXAS
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