R2000-140 11-13-00 RESOLUTION NO. R2000-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A LICENSE AGREEMENT WITH KINDER MORGAN TEXAS
PIPELINE, INC. FOR THE PLACEMENT OF WATER AND SANITARY
SEWER LINES AND FOR THE EXTENSION OF KIRBY DRIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain License Agreement by and between the City of Pearland
and, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a License Agreement with Kinder Morgan Texas Pipeline,
Inc. for the placement of water and sanitary sewer lines and for the extension of
Kirby Drive.
PASSED, APPROVED and ADOPTED this the 13 day of
November , A.D., 2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
R2000-*140
FEE 3126
LICENSE AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZORIA
THAT, THIS LICENSE, made and entered into this ~9~ day of
~0~ , 2000 by and between Occidental Texas Pipeline,
L.P., a Delaware limited partnership, owner and lessor of the
herein referenced fee property, and Kinder Morgan Texas Pipeline,
Inc., a Delaware corporation, P. O. Box 4758, Houston, Texas
77210-4758, lessee of the herein referenced fee property,
(hereinafter referred to collectively as "Licensor") and the city
of Pearland, Texas, a Texas municipality, whose address is 3519
Liberty Drive, Pearland, Texas 77581(hereinafter referred to as
"Licensee*').
WITNESS ETH:
WHEREAS, Licensor is the fee owner of that certain tract of
land containing approximately 3.31 acres, more or less, being a
part of Lot 1, Block 9 of the Allison- Richey Gulf Coast Home
Company's Suburban Gardens Subdivision, Section 3, T. C. R. R.
Co. Survey, A-678, Brazoria County, being more fully described in
that certain Deed for Fee Right of Way dated January 26, 1953
from Florence Rossnquest to United Gas Pipe Line Company recorded
in Volume 553, Page 315 of the Deed Records of Brazoria County,
Texas; and,
WHEREAS, Licensor's predecessors in title have constructed
cathodically protected high pressure natural gas pipelines and
other appurtenant facilities on said tract of land; and
WHEREAS, Licensor's predecessors in title have granted
leases, license agreements and easements to various parties to
use and occupy portions of the said tract of land; and
WHEREAS, Licensee has requested that Licensor grant to
Licensee a license to construct, operate, maintain, repair and
remove on a portion of said land, one 8" thick concrete roadway
located in a 100 foot wide right of way with two - 25' la'es and
a 30' median together with a 16-inch diameter waterline and one
sanitary sewerline (hereinafter referred to as the "Roadway and
Facilities") at the location as shown on the drawing marked
Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, Licensor is willing to grant such a license.
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NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter contained, Licensor does hereby grant,
without warranty, unto Licensee a license to construct, operate,
maintain, repair and remove the Roadway and Facilities on that
portion of Licensor's land set forth on the aforesaid Exhibit
"A"(hereinafter referred to as the "Property").
This License is granted by Licensor to Licensee subject to
the following express conditions and provisions, which Licensor
and Licensee expressly acknowledge, undertake and agree to
fulfill and discharge, to wit:
1. Licensee shall schedule all construction operations with
Licensor's District Manager, (281) 689-3205, at least 48 hours
prior to construction. A schedule of activities for the duration
of the work must be made available to Licensor's District Manager
at that time to facilitate the scheduling for Licensor's work
site representative. Any contractor schedule changes shall be
provided to the District Manager promptly.
2. In the event Licensee ceases to use the Roadway and
Facilities for the purposes herein granted for a period of
twenty-four (24) consecutive months, all rights granted to
Licensee hereunder shall cease and terminate. Upon such cessation
and termination of Licensee's rights, Licensee shall remove the
Roadway and Facilities within six (6) months of the date of
termination of its rights under this License. If Licensee shall
fail to do so, Licensor may remove same, at Licensee s risk, and
the cost thereof shall be borne by Licensee.
3. Licensee shall not install any additional facilities
other than the Roadway and Facilities on the Property herein
permitted without first obtaining Licensor's express written
consent.
4. Licensee warrants that the Roadway and Facilities will be
constructed in accordance with the drawing listed on Exhibit "A".
Licensee further agrees and warrants that it will operate,
maintain and remove the Roadway and Facilities in substantial
accordance with industry practice and standards. Nothing
contained herein shall relieve Licensee of any obligation to
comply with present or subsequent valid rules and regulations
promulgated by any governmental agency having jurisdiction which
may require Licensee to alter, change or upgrade the Roadway
and Facilities to comply with said rules and regulations and
Licensee's performance of such obligation shall not be construed
as a breach of its warranty under this provision.
5. After commencing construction hereunder, Licensee shall
pursue the work diligently to effect prompt completion of the
work and following the construction of the Roadway and
Facilities, shall restore all disturbed surfaces of the land, as
nearly as practicable, to the condition that existed prior to
construction.
6. The existing grade and/or ground cover on the Property
shall not be altered or reduced, and if altered or reduced,
Grantee shall restore same to its original condition at
Licensee's sole cost. The natural drainage of the Property shall
not be impeded during and after construction of the Roadway and
Facilities.
7. Licensee acknowledges that Licensor owns and operates two
existing high pressure natural gas pipelines and appurtenant
facilities on the Property herein encumbered and agrees to
exercise reasonable care at all times while working on this
Property to maintain the safety and integrity of Licensor's
pipelines and/or facilities and any other third party pipelines
and/or facilities in the vicinity.
8. Heavy equipment shall only be allowed to cross
Licensor's pipelines at locations designated by Licensor.
Licensee shall not excavate or bore under Licensor's pipelines
and/or facilities without prior consent from Licensor's
representative.
9. Licensee shall pay all taxes (other than general real
estate taxes or special assessments levied against the Property
during the term hereof), license fees or other charges which may
be assessed against any and all improvements placed on the
Property by Licensee during the term of this License, and
Licensee, upon presentation by Licensor of bills for the amount
thereof, shall reimburse Licensor within 30 days of receiving
said bills for any such taxes, license fees or other charges.
10. Blasting within 300 feet of Licensor's pipelines shall
be subject to Licensor's evaluation and approval.
11. All digging within twenty-five (25) feet of any
pipeline or facility of Licensor shall be performed by hand or as
directed by Licensor's representative.
12. Licensor's on-site representative may halt any work
which, in his reasonable opinion, endangers the operation of
Licensor's pipelines or related facilities.
13. All notices and communications to Licensor shall be
sent by registered mail, addressed to: Kinder Morgan Texas
Pipeline, Inc., P. O. Box 4758, Houston, Texas 77210-4758,'
Attention: Land Department; or such other place as Licensor may,
from time-to-time, designate in writing. All notices to Licensee
shall be sent by registered mail, addressed to: City of Pearland,
3519 Liberty Drive, Pearland, Texas 77581; or at such place as
Licensee may, from time-to-time, designate in writing.
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14. Except in the case of an emergency, Licensee shall not
excavate on the Property for any purpose without giving Licensor
twenty-four (24) hours notice, by telephone at (281) 689-3205,
and shall not conduct any excavation outside the presence of
Licensor's representative, and Licensee agrees upon request to
reimburse Licensor for the service of such representative.
Licensee also agrees to call the appropriate one-call center in
order that all existing facilities can be located.
15. This License is subject to all existing encumbrances,
leases, license agreements and easements issued by Licensor or
its predecessors in title, and if there is any conflict with the
rights granted by Licensor to holders of leases, license
agreements and easements prior to the date of execution hereof,
Licensee shall relocate on said Property any portion of the
Roadway and Facilities creating the conflict to an alternate
location mutually acceptable to Licensor and Licensee. Such
relocation shall be at the sole cost and expense of Licensee.
16. In the event Licensor shall at any time, desire or be
required to construct, reconstruct or alter the grade or location
of its pipelines or other facilities upon the Property; or in the
event Licensor shall at any time desire to construct additional
pipelines, appurtenances or other facilities upon the Property;
and if in Licensor's judgement it is necessary that the Roadway
and Facilities be relocated or altered in any way; or if for any
other reason, Licensor deems it necessary for Licensee to
relocate or alter the Roadway and Facilities, Licensor shall
notify Licensee of the necessity for such relocation and Licensor
shall provide an alternate location for Licensee's Roadway and
Facilities on Licensor's Property. Upon notice, Licensee shall
alter or relocate the Roadway and Facilities at its sole cost and
expense, within one hundred twenty (120) days of receipt of said
notification, as shall be deemed necessary in Licensor's
reasonable judgement. In the event of such alteration or
relocation, Licensee agrees to restore the Property as nearly as
practicable to its original condition. If Licensee shall fail to
comply with any such request of Licensor to alter or relocate the
Roadway and Facilities, Licensor shall have the right to alter or
relocate the Roadway and Facilities at Licensee's sole risk and
expense.
17. To the extent allowed by Texas law, Licensee agrees to
defend, indemnify and hold harmless Licensor, its successors,
assigns, directors, officers, employees, its parents, affiliates
and subsidiaries(collectively referred to as "Licensor") against
and from any and all claims, actions, causes of actions, suits,
demands, damages, losses or liability whatsoever, including but
Page 5
not limited to reasonable attorney and expert fees and
investigation costs ("Claims") arising out of, incidental to, or
otherwise related in any way to the use of the Property by
Licensee and its invitees including, without limitation, Claims
for contribution or Claims of any governmental entity under the
Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9601, et seq., whether such Claims are brought
during of after the term of this License or whether such Claims
are caused by or contributed to by the joint or concurring
negligence of Licensor, its agents or employees. Licensee shall
not be obligated to defend, indemnify and hold harmless Licensor
from Claims that are caused by the sole or gross negligence of
Licensor.
18. Licensee agrees to pay for all damages to the facilities
of Licensor, its existing lessees, licensees and easement holders
caused by the installation, operation, maintenance or removal of
the Roadway and Facilities, as well as any further facilities of
Licensee as Licensor may permit to be installed.
19. Licensee and its employees shall conform, and hereby
agree to contractually require its contractors and agents to
conform to all requirements of this License and Licensee shall
maintain a copy of this License on the job site at all times
during the installation of the Roadway and Facilities. Such copy
will be available to Licensor's representative upon request.
20. Licensee agrees to maintain, at its own cost and
expense, such insurance as will protect Licensor from all claims
for damages to persons and to property that may arise from any
operation under this License. Nothing contained in this insurance
section is intended to limit or alter the liability of each of
the parties as outlined in the indemnity section above. Licensee
shall maintain, or shall cause others to maintain on its behalf,
the' following types of insurance policies and the minimum limits
of insurance coverage during the entire term of this License:
A. Worker's Compensation and Employer's Liability
Insurance, in accordance with all applicable state
and federal laws, and endorsed specifically to
include the following:
1) Employer's Liability, including Occupational
Disease, subject to a limit of liabilitY of
not less than $1,000,000.00 per accident.
2) Waiver of Subrogation against Licensor.
B. Commercial General Liability Insurance, with
combined single liability limits for bodily injury
and property damage of not less than $1,000,000.00
per occurrence. Such insurance shall include the
Page 6
following:
1) Contractual Liability, insuring the indemnity
agreements contained in this License.
2) Coverage for damage due to collapse of, or
structural injury to any building or
structure due to excavation, tunneling, pile
driving, cofferdam or caisson work, or
dredging; to moving, shoring, underpinning,
raising or demolition of any building or
structure, or removal or rebuilding of any
structural support thereof; to blasting or
explosions; or to wires, conduits, pipes,
mains, sewers, tanks, tunnels or any other
property below the surface of the ground.
4) Waiver of Subrogation against Licensor.
C. Comprehensive Automobile Liability Insurance, with
combined single liability limits for bodily injury
and property damage of not less than
$1,000,000.00. Such coverage shall include owned,
hired and non-owned vehicles.
Insurance in Paragraphs (b) and (c) shall be primary (as
opposed to excess) and noncontributing to all other insurance
covering Licensor and shall not require exhaustion of any other
coverage or tender of any claim or action to any other Insurer
providing coverage to Licensor. Both the form of such
insurance and insurer providing such insurance, shall be subject
to Licensor's approval which such approval shall not be
unreasonably withheld. Prior to the commencement of the work or
maintenance project(and before each additional maintenance
action), Licensee shall furnish to Licensor a certificate of
insurance (or renewal certificate) in a form satisfactory to
Licensor, evidencing insurance coverage as indicated above. Land
uses designated hazardous by Licensor shall require continuous
coverage with renewal certificate provided for the period of such
land usage. Such certificate or certificates shall contain a
statement by the insurer that it will give Licensor written
notice at least (30) days prior to the termination of or
any reduction in, any of the insurance required by this License.
21. Licensee shall reimburse Licensor for all inspection
time including normal business hours while construction work is
underway on Licensor's Property.
22. Licensee shall comply with Licensor's site specific
safety requirements.
Page 7
23. Licensee shall reimburse Licensor for any cathodic
protection equipment for Licensor's pipelines and appurtenant
facilities, which in Licensor's reasonable opinion is necessary
in order to prevent damage to said pipelines and facilities due
to electrolysis methods or equipment used by Licensee.
Licensor shall not be responsible to Licensee for special,
consequential or indirect damages that might arise in the event
Licensor, its agents or contractors damage the Roadway and
Facilities, except to the extent such damages result from
Licensor's sole or gross negligence.
This License, together with exhibits incorporated herein by
reference, embodies the whole agreement between the parties
hereto with respect to the use by Licensee of the Property.
There are no promises, terms, conditions, or obligations other
than those contained herein; and this License shall supersede all
previous communications, representations, or agreements, either
verbal or written, between the parties.
This is not a conveyance of the land described herein or of
the oil, gas and minerals in, on and under said land, but grants
only the rights provided above, such rights expressly being
subject to all applicable, valid and existing laws, ordinances,
regulations, easements, restrictions, rights of way, conditions,
exceptions, reservations and covenants of whatsoever nature of
record.
This License may not be assigned without the prior written
consent of Licensor, which will not be unreasonably withheld.
Executed the day and year first above written.
L=~.
BY: ~o~ ~.--~
TITLE:
KINDER MORGAN TEXAS PIPELINE, INC.
TITLE: ~~_~.~/~/
THE CITY OF PEARLAND, TEXAS
Page 8
STATE OF KENTUCKY
COUNTY OF FAYETTE
BEFOR~ME, the Dndgrsigned authority, on this day personally
appeared (~ ~'.~~ , known~.o m/~o be ~e ~erson
who executed the~oregoing instrument as l/~%J~xl~ ,
for OCCIDENTAL TEXAS PIPELINE, L.P., a Delaware limited
partnership, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed; as the act and
deed of said limited partnership, and in the capacity therein
,2°°°.
Notary Public in and for the
My Commis~ign Expires: s~%eof Kon~
Notary's typed or printed name
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally
appeared ~ /~. ~o&w_,~- , known to me to be the person
who executed the foregoing instrument as
for KIND~ MORG~ TE~S PIPELINE, INC., a Delaware corporation, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed; as ~he ~t and deed of said
corporation, and in the capacity therein ~ted.
, 2000. .
- -..
Notary Publ~n an~for the
State of Texas
My Co~i/si/n~pires:
Notary's typed or printed name
Page 9
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned authority, on this day personally
appeared ~ ~. ~e~ , known to me to be the person
who executed the foregoing instrument as
for the City of Pearland, Texas and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed; as the act and deed of said City of Pearland, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~%k, day of
Notary Public ~n and for the
State of Texas
My Commission Expires:
.
Notary's typed or printed name
August I?, 2000
Job No. 1546-0101A-007
DESCRIPTION OF
0.390 ACRE (16,968 SQUARE FEET)
PUBLIC STREET, ACCESS, UTILITY & DRAINAGE EASEMENT
(UNITED GAS PIPE LINE COMPANY)
Being 0.390 acre (16,968 square feet) of'land located in the T.C.R.R. C0. Survey, Section 3, Abstract 678,
Brazoria County, Texas, being a portion of Lot 1, Block 9 of the Allison-Richey Gulf Cost Home Co's Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 99, Plat Record, Brazoria County, Texas !B.C.P.R.),
more panicutarty being a portion of that certain 3.31 acre tract conveyed to United Gas Pipe Line Company by
instrument of record in Volume 553, Page 315 and assigned to Pennzoil Pipeline Company by instrument of record
in Volume 1051, Page 702, beth Deed Records, Brazoria County, Texas (B.C.D.R.), said 0.390 acre (16,968 s~[uara
feet) being more particularly described by metes and bounds as follows tall beatings referenced to the Texas State
Plane Coordinate System, South Central Zone);
COMMENCING for reference at a 5/g-inch iron rod with cap mm'ked "COTTON" found marking the
southeast corner of aforementioned 3.31 acre traot, same being an interior oomer of that certain called 35.3690 aero
tract, das¢fibed as Tract 1, conveyed to Pentland Invcstmenls Limited Partnership by instrument of record under I~ile
No. 98-033800, Official Records, Brazoria County, Texas (B.C..O.R.);
Thence, with the common !ine of said 3.31 and 35.3690 acre tracts, South 86' 39' 20" West, 512.58 feet to
the POINT OF BEGINNING;
Thence, continuing with said common line, South 86~ 39' 20" West, 121.32 feet to a point for comer, the
beginning ora curve from which a 5/8-inch iron rod with cap marked "COTTON" found marking an exterior comer
of said 35.3690 acres bears South 86' 39' 20" West, 297.87 feet;
Theace~ leaving said common line, 5.73 feet along the are of a non-tangent curve to the right having a
radius of 2060.00 feet, a central angle of 00' 09' 33" and a chord that bears North I I' 28' 48" West, 5.73 feet to a
point for .~qmer;
Thence, North 1 l' 24' 01" West, 135.67 feet to a point for comer on the common line of aforementioned
T.C.R.R. Co. Survey, Section 3 and the Obediah Pitts Survey Abstract 717 Brazoria County, Texas, same being on
the north line of aforementioned 3.31 acre and a southerly kine of aforementioned 35.3690 acres from which a 518-
inch iron rod with cap marked "COTTON" found marking an exlerior corner of said 35.3690 acres hears South 86'
39' 20" West, 277.60 feet;
Page I of 2
0.390 Acres August 17. 2000
Job No. 1546-0101A-007
Thence, with said common survey line and the common line of said 3.31 and 35.3690 acre tracls, North 86'
39' 20" East, 121.20 feet to a point for comer from which a 5/8-inch iron rod with cap marked "COTTON" found
marking the northeast comer of said 3.31 acres and an interior comer of said 35.3690 acres bears North 86' 39' 20"
East, 532.63 feet;
Thence, leaving said common lines, South 11' 24' 01" East, ] 18.69 feet to a point for comer, the beginning
ora curve;
,,
Thence, 22.73 Feet along the arc of a tangent curve to the left having a radius of 1940.00 feet, a camtml
angle of 00' 40' 17" and a chord that bears South I l' 44' 10" East, 22.73 feet to the POJNT OF BEGINNING and
containing 0.390 acre (16,968 square feet~ of land.
LJA I~ngineefing and Surveying, Inc.
Page 2 of 2