HomeMy WebLinkAboutResolution - 2010-R0222 - Pipeline Right Of Way Agreement - Centurion Pipeline, L.P - 05_13_2010Resolution No. 2010-RO222
May 13, 2010
Item No. 5.21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Pipeline Right -of -Way
Agreement, by and between the City of Lubbock and Centurion Pipeline, L.P. of
Midland, Texas, and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on May 13, 2010
�2�
TOM MARTIN, MAYOR
ATTEST:
_ 2.Qi2C -
Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
Loomis, Assistant City Manager
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
Chad Weaver, kssistant City Attorney
vw:ccdocs/RES.Agreement-Centurion Pipeline L.P.
April 29. 2010
(IIIII IIIII IIIIIIIIII IIIII IIIIIIIIII IIIII IIIIIIIIII IIII IIII MUKCG almm15L5y
')U File and Return to 9 PGS
Dave Booher R.O.W.
City of Lubbock
Resolution No. 2010-R0222
PIPELINE RIGHT-OF-WAY AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
For and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of and
subject to the covenants and agreements herein to be kept and performed by Grantee, THE CITY OF
LUBBOCK ("Lubbock"), whose mailing address is P O Box 2000, Lubbock, Texas 79457 ("Grantor",
whether one or more), hereby grants, bargains, sells and conveys unto CENTURION PIPELINE L.P., a
Delaware limited partnership ("Grantee," each of Grantor and Grantee may be referred to herein as a
"Party" or together as the "Parties"), and Grantee's, successors and assigns, whose mailing address is P.
O. Box 51790, Midland, Texas 79710, an exclusive right-of-way, easement or servitude ("Right -of -Way")
30 feet in width (and 50 feet in width, or such greater width as necessitated by terrain, road, railroad, river
or stream crossings, during initial construction and also during repair, replacement, and removal) to
construct, lay, maintain, inspect, operate, replace, repair, protect, change, change the size of, test, alter,
access, abandon in place, or remove one or more pipelines (and all necessary and incidental equipment and
appurtenances thereto) for the transportation of oil, gas, petroleum products, condensate, distillate, water or
any other liquids, gases or substances which can be transported through a pipeline, or any one or more of
said substances, (collectively, the "Pipeline") on, over, across, through and under the following described
land of which Grantor warrants that Grantor is the owner in fee simple, situated in Lubbock County, Texas,
as more fully described on Exhibit "A" attached hereto and made a part hereof (the "Land"), together with
the right of unobstructed ingress and egress to and from the Land for any and all purposes necessary and
convenient to the exercise by Grantee of the rights hereby granted, save and except Grantee shall have no
right or privilege to use the surface of any of the Land that is covered by any runway or taxiway or
perimeter road except as otherwise provided herein.
Grantor retains for Grantor and its successors, heirs and assigns, all oil gas and other mineral interests in, on
and under the Land, subject to any and all existing leases and easements or servitudes covering the Land
and recorded in the public records of Lubbock County, Texas, and may use and enjoy the Land.
Notwithstanding the foregoing, Grantor shall not exercise such rights and such use and enjoyment in any
manner that impairs or interferes with the exercise by Grantee of rights herein granted, or that may not be
consistent with the safety of Grantee's facilities or the safety of persons or property on the surface of the
Right -of -Way, except in regard to Grantor's exercise of its surface rights on any runway or taxiway or
perimeter road in a manner consistent with airport activities. Grantee has no right or privilege to occupy,
use, or enter upon the surface of any runway or taxiway or perimeter road except: in the case of emergency,
after providing notice to Lubbock Preston Smith International Airport administration, and subject to all
applicable Federal Aviation Administration regulations. All work by Grantee and its successors, heirs, and
assigns, to construct, lay, maintain, inspect, operate, replace, change, change the size of, test, alter, access or
remove the pipeline under any runway or taxiway or perimeter road must be done by boring or other
method so as to not use the surface of any runway or taxiway or perimeter road, as Grantee has no right,
use or privilege to access or enter upon the surface of any runway or taxiway, except in the case of an
emergency. Grantor shall not excavate the Right -of -Way or build, create, construct, or permit to be built,
created or constructed, any pipeline, obstruction, building, lake, engineering works, pavement, parking lot,
improvement or other structure on, over, across or under or overhanging the Right -of -Way without
Grantee's prior consent, and Grantor waives the use of the surface to extract minerals and right to seismic
studies, except that Grantor shall have the right to construct, operate and maintain any runway, taxiway,
perimeter road, drainage improvements or any Federal Aviation Administration required infrastructure or
equipment.
Grantee must comply with all applicable federal, state and local laws, and regulations and policies in regard
to access to, or entry upon, Lubbock Preston Smith International Airport, including, but not limited to all
Federal Aviation Administration requirements. All the rights, privileges and use granted in this Right -of -
Way Agreement are subject to Grantee's full compliance with all applicable federal, state and local laws,
regulations and policies governing airport operations at Lubbock Preston Smith International Airport.
Grantee shall bury each pipeline constructed hereunder to a depth of at least 10 feet below the surface of the
ground existing at the time of construction or at a greater depth where necessary to conform with the
proposed ground profile set forth in Exhibit "B" attached hereto and made a part hereof. Grantee shall pay
for actual damages to the Land, growing crops, timber fences, buildings, runways, taxiways, perimeter roads
or other improvements (to the degree such items and improvements are permitted herein) of Grantor
resulting from operation, maintenance, reconstruction, replacement, or repair of the Pipeline occurring after
construction, to the extent that such damages are not due to the negligence or intentional acts of Grantor,
Grantor's heirs, successors, assigns, representatives, invitees, contractors or third parties, except that
Grantee shall not be liable for damages resulting from keeping (or any failure to keep) the Right -of -Way
clear of trees, undergrowth, and brush. Any payment due hereunder may be made to Grantor by check at
the address shown hereinabove.
Any portion of the Pipeline located within 250 feet of the center line of any runway or taxiway shall be an
8" steel pipe with 0.322 wt ERW pipe with Powercrete, or equivalent. Grantee shall be fully responsible
and shall be required to repair and restore any runway or taxiway or perimeter road that Grantee damages or
impairs in the exercise of its rights under this Right -of -Way at its own costs. Upon 6 months written notice q1-
1
Centurion CFD 02/02/ 10 1
Grantor may require Grantee to relocate the Pipeline provided that Grantor provides Grantee with an
alternative location for the pipeline and amends this form of easement to provide for the amended location.
Grantee shall not be required to relocate the Pipeline more than one time in any thirty (30) year period. All
costs and expenses associated with any additional relocation(s) shall be borne by Grantor. This paragraph
shall not affect Grantee's ability to assert legal rights arising from or seek compensation for the relocation
of the Pipeline requested by Grantor in 2009 to facilitate extension of Runway 08/26 at the Lubbock
Preston Smith International Airport.
Except as otherwise set forth herein or agreed to between Grantor and Grantee, Grantee will indemnify
Grantor, its heirs, successors and assigns from and against all claims, injuries, suits, damages, costs, losses
and reasonable expenses resulting from or arising out of the laying, maintenance, removal, repair, use or
existence of the Pipeline, except to the extent that such claims, injuries, suits, damages, costs, losses, and
expenses are caused by the negligence or intentional acts of Grantor, its heirs, employees, legal
representatives, invitees, contractors, subcontractors, successors, or assigns.
Grantee may, at any time, upon permanent abandonment of the Right -of -Way execute and record
reconveyance and release hereof, whereupon this Right -of -Way shall be fully cancelled and terminated.
This Right -of -Way may be used by Grantee's agents, representatives, employees, contractors,
subcontractors and invitees for the purposes of and on the terms herein provided.
This Right -of -Way together with the Reservation Of Right To Seek Compensation and Agreement To
Relocate Pipeline To Avoid Delay embodies and includes the entire agreement between the undersigned
Parties and no reliance is placed upon previous writings, communications or implied representations,
inducements or understandings of any kind whatsoever and they are excluded herefrom. Any and all notices
required or contemplated herein shall be sent to the respective Party at their respective addresses above (or
such other address as a Party shall give written notice thereof to the other Party in accordance with the
following provisions of this sentence) by postage prepaid, certified mail, hand delivery, national overnight
courier service, or by facsimile transmission followed by a postage prepaid certified mail. This Right -of -
Way shall not be amended, modified, terminated or rescinded in any fashion except by a writing, in
recordable form, signed by Grantor and Grantee.
This Right -of -Way, and the rights herein granted together with the obligations herein imposed are covenants
running with the Land and shall be binding upon and inure to the benefit of, Grantor and Grantee and their
respective successors and assigns and subsequent owners of title to any part of the Land.
TO HAVE AND TO HOLD said Right -of -Way and rights and appurtenances associated therewith,
including all necessary rights to access, ingress and egress unto Grantee, its successors and assigns, SAVE
AND EXCEPT the use of the surface of any runway or taxiway or perimeter road, and Grantor hereby binds
Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND, all and singular
the Right -of -Way and other rights described herein unto Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or
under Grantor. The terms and conditions of this Agreement bind and inure to the benefits of the parties
hereto, their heirs, executors, administrators, successors, assigns, and representatives. All rights herein
granted may be assigned in whole or in part. Except as otherwise provided herein, any liability or
obligation of the assignor as to events occurring after the date of a permitted assignment shall terminate
upon the assignment of the right of way and easement by the assignor to the assignee. Each Grantor
certifies that such Grantor is not a foreign person.
EXECUTED as of and to be effective on , May 13 , 2010.
GRANTOR GRANTEE
CITY OF LUBBOCK CENTURION PIPELINE L.P.
By: CENTURION PIPELINE GP, INC.,
General Partner
By: ,�,,,,. �By:�
TOM MARTIN, William C. Boyer
MAYOR President
ATTEST:
IQ e 92o
Rebec arza, City Secretary
Centurion CFD 02/02/10 2
APPROVED AS TO CONTENT:
ee7--All-
Dave Booher, Right -of -Way Age"ti
Q71oomis, Assistant City Manager
AP OV AS T FORM:
Chad Weaver, Assistant City Attorney
ACKNOWLEDGMENTS
GRANTOR
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this
day personally appeared TOM MARTIN, Mayor of the City of Lubbock, known to me to be the person
whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the
same in the capacity therein stated and for the purpose and consideration therein expressed.
t Y P ELISA SANCHEZ
Notary Public, S10 of TOMt
,r tiny C0MM00 Expires
GRANTEE
THE STATE OF TEXAS
COUNTY OF HARRIS
Notary Public in and for the Stat f Texas
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this
04 day of May, 2010, personally appeared WILLIAM C. BOYER, President of Centurion Pipeline GP,
Inc., General Partner of Centurion Pipeline L.P., known to me to be the person whose name is subscribed to
the foregoing instrument and who acknowledged to me that he executed the same in the capacity therein
stated and for the purpose and consideration therein expressed.
(SEAL)
try Pu lic and for the State of Texas
JAIL NG M JAICISM
my��r
[END OF ACKNOWLEDGMENT SECTION]
Centurion CFD 02/02/10 3
Resolution No. 2010—RO222
EXHIBIT "A"
Attached to and made a part of that certain Pipeline Right of Way Agreement dated day of
May, 2010, between THE CITY OF LUBBOCK and CENTURION PIPELINE L.P.
Section 43, Block A, HE&WT RR Co. Survey, Lubbock County, Texas
[A Survey Plat & Description will be attached prior to the recording of this Agreement]
Centurion CFD 02/02/10 4
k1)
Resolution No. 2010—RO222
SMITH SURVEYING Robert L. Smith
6310 Genoa Ave., Ste. A Lubbock, Texas 79424
Phone & Fax:806-765-9543
Email: smithsurveying@nts-online.net
A 30' PIPELINE EASEMENT IN
SECTION 43, BLOCK A,
H.E. & W.T. RAILROAD COMPANY SURVEY,
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A THIRTY FOOT WIDE PIPELINE EASEMENT IN SECTION 43, BLOCK A, H.E. &
W.T. RAILROAD COMPANY SURVEY, LUBBOCK COUNTY, TEXAS BEING A PORTION OF THAT 41.224 ACRE TRACT OF
LAND DESCRIBED IN VOLUME 1288 PAGE 397 AND THAT 195.20 ACRE TRACT DESCRIBED IN VOLUME 1778 PAGE 95
OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 43 FOR THE NORTHWEST CORNER OF THIS
EASEMENT FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION 43 BEARS N 88036'24" W A DISTANCE OF
209.01 FEET AND A RAILROAD SPIKE FOUND AT THE NORTHEAST CORNER OF SAID SECTION 43 BEARS S 88036'24" E
A DISTANCE OF 5069.81 FEET;
THENCE S 88036'24" E, ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID 195.20 ACRE TRACT, A DISTANCE
OF 34.82 FEET TO THE NORTHEAST CORNER OF THIS EASEMENT;
THENCE S 29006'35" E A DISTANCE OF 413.69 FEET TO A CORNER OF THIS EASEMENT;
THENCE S 15055'37" W A DISTANCE OF 42.40 FEET TO A CORNER OF THIS EASEMENT;
THENCE S 29006'35" E A DISTANCE OF 1800.28 FEET TO A POINT IN THE SOUTH LINE OF SAID 195.20 ACRE TRACT FOR
THE SOUTHEAST CORNER OF THIS EASEMENT;
THENCE N 88032'24" W, ALONG SAID SOUTH LINE, A DISTANCE OF 34.84 FEET TO THE SOUTHWEST CORNER OF THIS
EASEMENT;
THENCE N 29006'35" W A DISTANCE OF 1795.00 FEET TO A CORNER OF THIS EASEMENT;
THENCE N 15055'37" E A DISTANCE OF 42.40 FEET TO A CORNER OF THIS EASEMENT,
THENCE N 29006'35" W A DISTANCE OF 418.92 FEET TO THE PLACE OF BEGINNING.
I, ROBERT L. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THIS
DESCRIPTION WAS PREPARED FROM AN ACTUAL SURVEY OF THE PROPERTY AND THAT THE INFORMATION
HEREON REPRESENTS THE FINDINGS OF THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SURVEYED:
NOVEMBER 4, 2009
ROBERT L. SMITH
R.P.L.S. 3906
SURVEYOR'S REPORT:
THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE
TITLE SEARCH.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS CONTROLLING EVIDENCE DUE TO
SUBSTANTIAL AGREEMENT WITH RECORD DOCUMENTS.
BEARINGS RELATIVE TO GRID NORTH (TXNC4202) AS DETERMINED BY GPS OBSERVATIONS OF THE NORTH
LINE OF SAID SURVEY 43, BLOCK A.
DISTANCES ARE GRID DISTANCE. SCALE FACTOR 0.999772388
JOB: 09-091 i E6,
IBIT
Resolution No. 2010-RO222
PUNT OFBEO01 M STA •1N16.1
COUNTY ROAD 61D0
MY CORNER SECTf0N L91E
SECTIDN u
STA 00
r,
l
I \
\
I \
\
\
I \
\\STA 3N21
1 \
I \
I\
I�
I�
3wo
PLAT OF
— — 30' PIPELINE EASEMENT IN
SECTION 43, BLOCK A,
LUBBOCK COUNTY, TEXAS
(SEE METES AND BOUNDS DESCRIPTION ON SEPARATE DOCUMENT)
195.20 ACRE TRACT
VOLUME 1778 PAGE 95
--.-------.---------.--------.—�
I
I
I
I
q, I
I
__----- --- sTa 1o•1a9 41.224 ACRE TRACT __ I
I STA 10.357�MvaY VOLUME 1288 PAGE 397 --'-�
I
I
I
I
I
1
I I
I
I
I
I I
I
I--- -------.-----.—.--.--.—. DEEDLMIE I
— - — - — - — - — - — - — - — - ---
Y STA 19519 195.20 ACRE TRACT
——---
I STA ISNaS r VOLUME 1778 PAGE 95
FJ
— — — — — — — — — — — — — — — --^.---— — — — — — — — DEED LINE — STA 214*2
iSTA 21.319 -----
�g
l� LEGENQ
SCALE I*=2W
HEAVY ONES INDICATE UNTS OF EASBEW. MI l H
NOMBER 1, 20H URE YID
010n9MAW—MA
„mnAew,e,W.■lg z 806756001J
PREPARED FW FARKHLI- SLM tOWER
EXHIBIT t REF:044M
t t I Ap&F"11 FMASPGST 1LF5
p ^ N
H
CaUh1eY
Resolution No. 2010-RO222
1 I J I J I 4 I 5
100
1
a 1
q
MO
M
qv
�
`
Mqq##mew#######gaA111R�1�#wq#qq##q######�
qel��aiia�l�#q##wq##q#�rSgII�IrYrltrli�q#>•#�##qq�####qw
C:
CC�C:
c�CCCCCCCCC#�■CC
:
C®�CCCCCCCCC
qM=m
�q##�i
wq��##mil###w�:.�.!�#��#�I��II����###w�o##��I#�vs!�r;
qq0�w#####�wwr�®�#w%r#q\�###qN###�q#I�#q##�
q
�
�
won�q
OnwCcC
#gMMINKA
ItINNIMINN
muu
muu
a,.riTaaa■a#�
.
CCCC■■CiC®®C®CCCCCC■®CCCCCCCCC;CCCCCCCCCC�uCC_
�I����w##�##�w#q���q#��#qt#gt�gql�lil•�ti�lttt�#>•i#r##a18##I�
CCSCCmCC=■CD®C®®■®CCCC■®®®®®CCCCCCepCCC�:CC=
q����##ti0###�!•fit!•#sue#�tli#�iO�#�#qt#i#####q
I
1 1 e
�Luhbook Preston Smith
Inlernati&mI Airport
RUNWAY 0826 AND TAXIWAY
IMPROVEMENTS
sauce t. UMnV REu)cAiM
AND OEImtEtel RMW
Lugo= PRM= tucm
^WIDDIAtlwlu ASO- R
.L lam �
- nt
asz vR � iom - a.�ae
ALTERNATE 4
COMMON PETROLEUM
LINE RELOCATION
ALT4-101
E
1 vIMV.lONIKrMWwnw{np w.flPNwl..+.Y.. InI
! 1{W nhw YOwl.IO.IwPbLaMrw[.O
1 b/IWPPCNMWr.w IVy{. VII{t�wwlq wq l0wVW1[
. V1.IaV+IWPIw{y1p1.r PIblY.wlwla YllWOw{.!{IQ
4CwY11 NIMMMw[ V1w10.MfYn11oMYN14 p W.wi M w
bMIQ bNPP.Wiw+• W M WI�r.OmlrwLflONN{pIM
N1.Mp NH41p111M.(.w46wR0{MCP.pPIY{
1 tn0lpw{aYlgap{.Rt wm.rcn blw,nll+lY.yR.fow�.+
•Yr Plllryeawm.ealcln.
1 Vwr.11aPORWibaltl•PI.M
wpIVaYY1M Wup MMNuyllwl{IYVIIwl.IVfrflOOwn
{tMYMY1YPIV{WI
{ lRN+11l YfW IYfJ�►IIPw10 YIwVwpllwPIl.Vlpey.IH
{ OYwa01YWI/Mu■Y11I[I{IW NHPOrC{II[IgP
b Nnf¢I WPw60pMS1YlY.11fllOrr OrNSMYpPs W 1
11 finbllCl{rllVal lCVp Www�bV1M 1YY Ia/1W 11, VRYIdw
wmw..lem awYlPelwrt.er
u mw.Rla.roawPlpvo.wo�wwY Yeusw.leWlPYu.
1� WiplwMwl■Mg1.wRpY1 NwMOPYCI�Ib1P11
11 tA�{r[ItaMlyl wrP.lwePaalnYawrm+mwYlP
IONIMCfa
p /OPO.MfGwY[Ip INYVI{YIwwW
q 11Y! W Iwll{4YOIOMrp1141rrIP 1Y
1! Nlr{MII1�(IgbIKw.YtYY
Q
Resolution No. 2010-RO222
MI
4
IA'
a
ml
oCt_= ruL____@
cn+�, .,a —V
me