HomeMy WebLinkAboutC2019-171 - 4/30/2019 - Approved REVOCABLE EASEMENT
(Epic Crude Pipeline LP,Tract TX-NU-H-034.00)
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 EPIC CRUDE PIPELINE LP, whose address
is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, 78258
("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 EPIC CRUDE PIPELINE
LP, the right to relocate, install, operate, repair, replace, and maintain one pipeline, not to
exceed thirty (30) 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.
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", 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.
f) City Attorney means City's City Attorney or his designee.
g) Grantee means Epic Y Grade Pipeline LP.
C2019-171
4/30/19
Ord. 031755
Epic Crude Pipeline LP
r.oniMIn
h) Improvements means one pipeline not to exceed thirty (30) 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 Exhibit, 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,
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.
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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 (12') 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
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
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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" TimeWarner - 12" KMC - 12"
Wastewater - 18" SWB/AT&T - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12"
Storm Water - 18" ESPIRE - 12" Caprock - 12"
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.
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
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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"B".
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"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, loss 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
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
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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 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. 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 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.
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.
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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 galisy. 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
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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 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,
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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 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.
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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 is aware that the City tract shown on Exhibit A is a City park
known as Mobile Estates Park. Grantee will take full precaution when entering, using,
and working within the Exhibit A 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.
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Executed this the day of ''\Oikotl, , 2019
GRANTOR
ATTEST: THE CITY OF CORPU CHRISTI
1 By: /41 " �/ il
City ' ecretary H Selman, Interim City Manager
APPROVED S TO LEGAL FORM:
9.11_. day of A ,- ► t
2019 Ord •
_.............. • el-Ai-ZILL.
By: 41c-
ii CONCIc.. 0
`
�pn€€" �,U1�,�21nead , Assistant City Attorney SECRETARY
THE STATE OF TEXAS §
COUNTY OF NUECES § d
This instrument was acknowledged before me on 14, , - , 2019, by Keith
Selman, Interim City Manager, of the City of Corpus hristi, a Texas municipal
corporation, on behalf of said corporation.
:p::'"•"•°' s.;,, MARTHAVAZQUEZ
_•: ;; •1 My Notary ID#128028579 Ll )
, ,
•• ,.,ti4 Explrea March 5,2022 ota ry Public, Stat- I Texa 4
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GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the day
of , 2019, by , in their capacity as
of Epic Crude Pipeline, LP, the Grantee herein, and Grantee
agrees to keep and perform the conditions imposed by the Revocable Easement.
Epic Crude Pipeline, LP
By: /A-4---
Name: Justin Gordon
SVP of Engineering and Operations
Title:
THE STATE OF TEXAS §
COUNTY OF 6 Ex4R §
This instrument was acknowledged before me this y f" day of A Pr
2019, by ,,s1;?) G..-•-/.., as s V P
of Epic Crude Pipeline, LP who declared that they executed the same for the purposes
therein stated and with proper authority to do so.
\\\SPY p�/// WILLIAM JOHN WARD, JR.
14)-aes --,2.'MA--C9.-.
�tiP 9 i
:—:Z :Notary Public,State of Texas Notary Public,'State of Texas
^` •QE Comm. Expires 03-28-2022
•-;0-
'',/,`;;00 Notary ID 131742337
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EPIC CRUDE PIPELINE,LP
EXHIBIT"A"
NUECES COUNTY,TEXAS
PERMANENT PIPELINE EASEMENT DESCRIPTION
HONDO PIPELINE
TRACT NO.:TX-NU-H-034.00
DESCRIPTION OF A 25 FOOT WIDE PERMANENT PIPELINE EASEMENT BEING 12.5 FEET LEFT OF
AND 12.5 FEET RIGHT OF THE HEREIN DESCRIBED SURVEYED BASELINE OUT OF A CALLED 2.06
ACRE TRACT OF LAND, BEING LOT 1, BLOCK 1 OF THE MOBILE ESTATES SUBDIVISION,
RECORDED IN VOLUME 37,PAGE 150,MAP RECORDS OF NUECES COUNTY,TEXAS(M.R.N.C.T.),
SITUATED IN THE E.VILLAREAL SURVEY,ABSTRACT NO. 1, NUECES COUNTY,TEXAS, IN THE
NAME OF CITY OF CORPUS CHRISTI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING(P.O.B.,X:1314392.70,Y:17182005.63)at the South line of said Corpus Christi tract,and the
North right-of-way line of Skyline Drive,from which a calculated corner for the Southeast corner of said
Corpus Christi tract,bears:North 89°19'48"East,a distance of 66.12 feet;
THENCE,North 00°16'04"West,a distance of 462.30 feet,to the POINT OF EXIT(P.O.E.,X:1314390.54,
Y:17182467.92)at the North line of said Corpus Christi tract,and the South right-of-way line of 1-37,from
which a 2 inch iron rod found for the Northwest corner of said Corpus Christi tract,bears:North 80°35'44"
West,a distance of 131.79 feet.
The herein described centerline traverses said Corpus Christi tract a total distance of 462.30 linear feet
(28.02 rods).
Certification is made only to the location of this easement according to evidence and/or lines of occupation
observed upon the date of this field survey.Only utilities/easements that were visible and apparent on the
date of this survey,within/adjoining the described easement,have been located,shown and/or described
hereon of which I have knowledge of.This certification is limited to those persons or entities shown on the
face of this exhibit,is non-transferable and made for this transaction only.
Title information has been provided by the Client;as such,Open Range Field Services does not warrant or
guarantee that all conflicts, easements or encumbrances are shown. Adjoiner information shown or
described is for informational purposes only.
All bearings, distances and coordinates contained herein are grid, based upon the Texas State Plane
Coordinate System,South Zone,of the North American Datum 1983 (NAD83,Realizations 2011,Epoch
2010.00),in U.S.Survey Feet.
A survey exhibit of even date accompanies and is a part of this easement description(EXHIBIT"A").
414' / ' Date: 3/20019
Codi Lamberson : OF l
Registered Professional - !i'`
Land Surveyor No.6480 d
Open Range Field Services,LLC ' CODI LAMBERSON
1503 S.Barnes `` 6480
_ •,
Pampa,Texas 79065 �.• '�L . - Date of Survey:November 15,2018
(806)665-0770 Revision 1:February 13,2019
Revision 2:March 28,2019
SHEET 1 OF 2
100' 50' 0 50' 100' EXHIBIT "A"
1• = 100' NUECES COUNTY, TEXAS
PIPELINE EASEMENT PLAT
LEGEND TOTAL LENGTH: 462.30 FEET OR 28.02 RODS
I 4PERMANENTEASEMENT TOTAL EASEMENT: 0.27 ACRES
F77777771 TEMPORARY WORKSPACE
- EXISTING PIPELINE
-.—•—.-EXISTING WATER LINE LINE TABLE
ROAD WAY
SUBJECT TRACT UNE BEARING DISTANCE
0 CALCULATED POINT 1 N 0O16'04" W 482.30' ___
• MONUMENT FOUND ice'- -�..'
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TX-NU-H-034.00
CITY OF CORPUS CHRISTI
2.06 ACRES
LOT 1,BLOCK 1
MOBILE ESTATES SUBDIVISION
O ► MOBILE ESTATES
SUBDIVISION
VOLUME 37,PAGE 150
M.R.N.C.T.
E. VILLAREAL
. SURVEY
A-1
CALCULATED
CORNER
2 —.—.—.—._• .�.--
------ 1— -- -
TX-NU-H-033.10 - -
SKYLINE DRIVE I
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X1314392.70 rI N 89°19'48°E
Y:17182005.63 I € h m 86.12'
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1. DEh1IFIC/ITXAI IS YAOE ONLY 10 he LOCATION OF 1) EASFNIXT ACCORDING TO EVIDENCE ,fir,, _.r ,
ANI/OR LNE4 OF OCCUPATION OBSF76ED WON TE DATE OF THIS FELO SURVEY.ONLY lb - ',
UTRIIIES/C/BOADITS THAT WERE VISIBLE MID/P Y OR ON THE DATE OF THIS SURVEY.
111116/ADJOININ°TIE DESCRIBED EASEMENT.HAVE BEEN LOODED,SHOWN ANO/OR DESCRIED , ,
MEM SHOWN
WOI sEMIS COWMEN
UNITTHOSE ED
DITTIES NONTHE XI.IS T-OA-Rv6FERNREAIMADE FOR CODI MBERSO •
TRANSACTION OILY,
2. TIRE I E014/A ON IMS BEEN PROVIDED 6Y THE WEND AS SUCH.OPEN RANGE FELD SERVICE J
006 NOT WARRANT OR GUARANTEE THAT ALL CONFLC'IS.FASO/DOS OR E>IWIHFANCES ARE / �' 4 ,
SHOWN./AMINO INFORMATION SHOWN OR DESCRIBED E FOR NF'gONT10lNL PURPOSES ONLY. '/, •,Z�•/ .�
3. ALL BEARINGS.DISTA/DES AND COOREINAl6=RAM HEREIN AE GRID,BASED UPON THE `'K. r
TEXAS STATE PLANE COORDINATE SYSTEM.BRIM ZONE.OF THE NORM MEIICW DATUM 1963 ►
(NADIS.RFMIZATEN 7011,EPOCH WIDOW.IN U.S.SURVEY FEET'.
4. THE OUTER UMW OF THE PERMANENT EASENDE EXTENDS OR SHORTT76 TO THE RESPECTIVE3 18 1019
TRACT LINES.7EEPORARY WORKSPACE UES ADJACENT MD CONTINUdS THE E PERMANENT '
EASEMENT UNLESS Nom°"14"MSECODI LAMBERSON, R.P.LS. No. 6480
S. EASEMENT DESORPTION OF EVEN DATE ACWLPAMES MID IS A PMT'OF THIS SURVEY D011R1T
000419R A'). SURVEYED ON THE GROUND: November 15, 2018
PFEIME,STATION,OR ACCOUNT NUMBER SCALE CONST.YR. mos.INTIFs PAWATx 7s0ss PROJECT NO.
HONDO PIPELINE 1' = 100' 2019 OPEN Ten.M°111193.9/
O 9.l65.9I/0
RUM
LONBER GADO FILENAME DRAM - 806.065.0r70DTE RAJ., awwMBOER
NE ORFS-600-2
N/A TX-NU-H-034.00.DWG LD 1-31-19 E`°`rn°10E'.'" OT.Riralarr
REV, N0. — DESCRIPTION BY DATE APP. PREVIOUS DWG.NO.
1 MOVED PPELINE K.Y. 2-11-19 EPIC CRUDE SHE. — OF -
2 MOVED EASEMENT K.Y. 3-28-19
PIPELINE, LP DWG. NO.
TX-NU-H-034.00A
SHT. 2 OF 2 2
•
•
EXHIBIT B
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 $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
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
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. 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
Epic Crude Pipeline, LP TX-NU-H-034 00
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TWORKERS' COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act
Domiciled in Texas
$500,0005500,0005500,000
EMPLOYERS' LIABILITY
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. Ail 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
Revocable Easement
Epic Crude Pipeline,LP TX-NU-H-034.00
16 of 17
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 (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.
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.
Revocable Easement ins. req.
6/27/2013 ds Risk Mgmt.
Revocable Easement
Epic Crude Pipeline,LP TX-NU-H-034.00
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