HomeMy WebLinkAboutRES 12-087 RESOLUTION NO. 12-087
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to Air Products, LLC,to install an eight(8)inch pipeline to cross near FM 3514,
east of West Port Arthur Road,within a portion of the city limits of the City of Beaumont for
the purpose of transporting oil, gas, water, carbon dioxide or related refined products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April,
2012.
- yor Becky Ames -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: Air Products LLC Business Phone: ( )281-874-7120
C/O Tom Houser 12600 Northborough Drive, Suite 196.
Business Address: Houston TX 7 7 0 6 7
The City of Beaumont,hereinafter called"City",for and in consideration of the sum
specifiedherein $500.00 License Agreement fee and $202.50 for the
three 30' crossings (90 ' X $2 .25 per linear ft) herebygrantsto
Air Products LLC
hereinafter called"Licensee",the license
to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto
and made a part hereof for all purposes.
Street Name or Rao W.Descri-ton IL&Wt(,Linear Feet)
The proposed 8" Pipeline within that portion of the city limits
of Beaumont, owned by Oiltanking Beaumont Partners, L.P. , crosses three
30' City of Beaumont pipeline easements. See attached Overview Exhibit
and Plan/Profile drawing (Locations "A" and "B") for more details.
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee-$500.00
o Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10)years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees,including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply-with
the following may result in termination of agreement(see page 8).
OFNERAi CONDITIONS:
• Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
• All pipelines crossing public rights-of-way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
• The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline(see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines,or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
C Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working - thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be bome
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City(Public Works Department)in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. 'Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by -the City of Beaumont.
3
• Any licenses,permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity,then documentation
regarding such will be provided to the City of Beaumont.
• Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
RFpLmtFD COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance,including bodily injuries and property damage,naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and erect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of$1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled,altered,
or otherwise modified without giving fifteen(15)days prior written notice to
the City. The bond shall be good and in effect for a period of one(1)year
from the date of completion of construction of the pipeline.
Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries aid damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/IViAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W.involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight(48)hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll fine, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number,will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate•the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid,sewer,gas,water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along,or under any of the streets, alleys and easements,and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
6
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto,such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided,however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City,make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street,alley, easement or other right-of-
way.
NOTOCATION/1NSPECTION:
• Any and all work to be performed on City right-of-way (PLO-W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
• Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
• Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassig anti le_
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty(30)days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name.of Licensee: Air Products LLC
12600 Northborough Drive
P.O.Box 3827 Suite 196
Beaumont, Texas 77704 Address of Licensee:
Attn: City Manager City and State of Licensee: Houston, TX 77067
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
8
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth
IN WITNESS WHEREOF, the City of Beaumont,Texas,has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of .A.D. 20-12--
CITY OF BEAUMONT, TEXAS
B y L l L,,
Kyle Hayes, City Manager
ST:
City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
Air Products LLC
Represented by: (4
Thomas S. Houser
Senior Real Estate Speacialist
Title
ATTEST:
By —
Secretary
\pipelineftipeiine license_agree 9 Revised 12-142007
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8"AIR PRODUCTS CARBON DIOXIDE PIPELINE FROM VALERO REFINERY TO DENBURY TIE-IN
JEFFERSON COUNTY,TEXAS.
DACE, 04-10-1 OVERVIEW EXHIBIT
sr: CIVIL AIR PRODUCTS LLC L NO. 10-302303 IREVI C
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PEPELMEASMUM
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT OILTANJCINC E&AUMONT PAZrIQMS,L.P., a Delaware limited partnership,with its main
office and place,of busmess located in Harker County,Texas,whose ma0mg address a 13631 Jachh"ort Blvd.,
Houston,Term 77015 eViranion,for and in coosi leraatim of the sum of Ten Dollars($10.00)and other good and
valuable consideration the receipt sad shaftiency of which are thereby aelmowledged,in hand paid by AIR
PRODUCT'S LLC,a Ddawue limbed liability company,whose mailing address is 12600 Nordaborougb Drive,Suite,
196,Houser Texas;77067 rGrantee),has GRANTED.SOLD sad CONVEYED and don hereby GRANT,SELL
and CONVEY auto Grantee,subject to the tams,provisions restrictions and reservations herein provided.a
NONEXCLUSIVE easement(the"Fasarmnt')(i)for the purpose of coostmcoiou,operating,maintaining,inspection.
repairing,removing and replacing one(1)pipeline,not exceeding eight(S")indsn nominal diameter pq"w(the
"Pipeline")to be used for the sole purpose of transporting and measuring industrial gases(mdnding but not linked to
hydrogen,nitrogen,oxygen,carbon dioxide,carbon monoxide sod tryrtga)and odes products or&them=upon,
over,under,through and actor the property,and(h)for doe installation of an aboveground vdve and associated
equipment an a surface sire,and other appurtenances limier to pipeline ma dmM air patrol metros and comma
control equipment The permameut right of way.temporary wort space,sad valve am shall be located a described in
Exhibit A"anacbed bo etn and made pat hereef for all purposes The appurtenances fi:ares and equipment described
above we collectively referred to in the"Facilities".
.TO HAVE AND TO HOLD the EaamneM together with all and singular the risk and appurtenerices thereto
in anywise belonging unto Granee,and Grantee's successors and assigns forever
The Eeaaomt is granted to Grantee and its succe moss and assigns,without warranty of any kind,whether
express,implied,statutory or otherwise,and is expressly made subject to all prior comments nd/or rights-of-shay,do
rights of any parties in possession and prier enasmbronces and other matters(i)of record in the county or counties
wham the Easement is located and/or(ti)viable and on the ground and that a correct survey would reveal,to the fall
extent same can and affect the Easement b nom.
1. The Reline shall be buried at a depth determined in accordance with all applicable standards and
specifications imposed by the Tom Railroad Commission and the U.S.Department of Transportation:provided,
however,that in no event will the pipeline be at a depth less than thirty-six inches(36")measured from the surface of
the ground to the top elevation of the Pipeline.
2. Grantor and'nos suers and assigns remove the right to emu the Braemar at any time and
from time to time with pipdion,roadways,and/or other facilities necessary to Grantors operations.hi the event the
Easement interferes with Granter's use of it's property,or if it should become nary to lower a"m cue the
Facilities sndlor Pipeline;Grantor may require Grantee,at Groafae's sole risk,tot,and mxpeose,titer rot less than
sixty(60)days notice by the Gramm,to relocate the Facilities sadlorr Pipeline from the Ememmt to another location on
Groomes property or to lower and/or case the Facilities and/or Piipdam.In the event Grantor shag require Gnmee to
relocom all or any pat of the Facilities amdlor Pipeline,the puties hereto shall rots hart anew eaemeat agreement
based upon the sine terms and provisions hereof which easement agreenment shall cover inch po mm of the Facilities
and/or Pipeline remaining within the Easement a well as ancb portions bang relocated within Gra mer's property at no
additional coat to Grantee.This Emement shall terminate upon execution and delivery of sods amemons agrooment by
Grantor.Grouter shall not require Grantee to relocae the Ptpdme and/or Facilities more than one time at Grantee's
expense.
3. The Easement shall terminate and expire at such time as tlu holder thereof shall eeser to use the
Easement for the purposes berem set forth for a period of twenty-fora moaths;,provided,however,such 24-mouth
period AW be extended by the somber of days that such aeration of user was a result of lightning,fire,explosion,
floods,extesmilma y,actin of tie*a m&&sets,ngobidom or orders of civil or wry atthorky,restrictions;or
resaalett Imposed by law,suspension of war at the order or decree of a cart of competent jurisdiction or any orbs
came beyond the reasonable control of Grantee. In the event the Easement"terminate for any reasm.Grantee or
its sixxesion or assign shall,within sixty(60)days following written request by Grantor,execute and deliver to
Grantor a good sad sufficient release of the Easement use recordable form upon termination of the Basement,Grmmee
shall.at Grantee's sole risk crest and expense,commence,within one hundred and eighty(ISM days after written
regret from Gnaw,the removal of the Facil'it'ies and/or pipeline from Grantor's property and the remission of such
property to a condition as near as is practicably possible the existed at the time Grantee commenced construction.
Grantee soil complete such removal and restoration within(90)days of commencement of such operations
Notwithstanding the above,the Emement"terminate and become null and void eighteen(19)months from the date
hereof unless prior to such date conauvction hereunder shall have been commenced.
4. Grantor shall have the right to control optimum utilization of available space on its property.Prior
to commencing contraction or installation operations on the property covered by the Ememers.Gamine shsll provide
enamor aplat of the property showing tic location of the pipeline across Grantor's property.The pipeline shall be
constructed and ins specifications shall comply wnh^set applicable standards and specifications unposed by the Taxes
Railroad Commission and the US.Department of Transportation.
5. Notwithstanding anything herein to the contrary,Grantee shall construct the Facilities and/or
pipeline within the Easement Grantee may deviate from the attached Exhibit"A"plat only with Grantor's prior
written consent;provided,however,that should Grantee so deviate,Grantee shall,within sixty(60)days of completion
of construction of the pipeline,provide final"as-built"drawings of the Facilities and/or pipeline together with true and
correct survey showing all deviations from the originally submitted design and location.
1
6. Gramme doll have fdt responsibility,at its sole risk,cost and expense,to obWn,prior en commencing
opmdom ha=ndw,my ad all n—Y P—*urcfiding,without 1Witrion,those pamrits mprh,j ec oars say
end all roads,m'Iroads,mils and other private,public aid 9wd-public dghls-of-way,with the Facilities mdlor
pipeliaa
7. Grsesm sad its mcc mos ad aaigm assume any and all liability for ray dansge en property,both real
and pmsond,or kjumia en Parsons(iadtdkg dmlb)nwidng from a ssidig oa of the cesstraodom,inslegadcrb
operation,MWOWdoce,fispectioi,repair.removal,roplao iment,presmaos*foros ofths Facilities sdbnpipeline
and Gannon n agoras to Mdswmilyr aid hereby does WunrA .rive Peanut and hold banks Orator.do subsidloria,
dmeam aid&a olfloas,dimoenrs,employees,cow scsors ad staid ofsraa,and their msrative ancceama ad
adgo,fiom sad agaimd any and W Iisblity,dasnagea,sides,salons,man and wow m ofwfiaeves(iodrdiy,
without li M m.afsoiey's tees,litigodon and omit oceds,aeotma paid as odWowt sod=wA&paid Is disel age
j�)fa dampen property(ndwft damp en the envkonoft'adtlag from gm opera l ft mokko mm or
coasaaGion of the pipdiie xWor FaaBides)or iojuim to ponons(including do*)m dadiog.without Wedtudsa,any
employer,favitm or aged ofGrwdae or Orator,dotr subddiaiet,WM@t s,wafter rs or o@w^or my other
person,ceod or edlegd to hive ban caned directly or%f'aedly,by tic Faeif lift milliner 14 e11,,be Badalmaa m
arising out ofGrmW's operation hereinafter or otherwise rdeft n be constriction,i'midb iak operation,
mdpoumtvF,impaction,rgMk.rsmovQ replatoMOK paenacs ofor tore tithe Fadlitias sad/err pipaYaa or Bownerd;
provided,bm—,Grmbr ahaf hearsay,such Iiabigfy,damage.coat a e,qp w rising oat of in coemecdon with or
dtributable to its we negligence,but only to the cant of arch aegirgarx
g. Gnaw slide be paminod en have iagtem cad egmm form the Basemaat over Graroes adjoining property
for the cowhn don,iaWiatioe,operation,aaialananx.m*diok mpdr,mm-d mowon ant of the P"Ma
andler pipdbno over a rocrt,previously by Orator.Duiog my l dam.>mWkdco4
mgmiaisiag impedio s,repair,removed or roOW W of the FMOM waft pipdin Grady Bali be Panriped to
ton a ranendle atnoaed of Oreftes n*W%property a the o*ot rams ft noway br adn York;provikd,
however►,that ma asp dmfi not mo d the bopomy wodc sperm cad addidaai nmpsmry wank space w swim case,
aatcbd BxbR1a A.Frampgy upon an,mnpMm ofoomhud i Otthe Faaxdea aadkr l% 11 n,a aher oPaadoia
hm=ndw,bW in no eveed Won dmity(30)dryer.Orwlee dog fiE d awavadnm ad kvd the had at l by add
operations ado A, -, - , ,f ,tine cancer of do Eow=att aid Onoenr's proparty ter,a newly in pndiabb,tin,
moo condition ae exitd prior n the beginning of each operadaa.Once vnb pa I my nwmmy ra eWW work
required a it ramp of se dens erosion or other=NdWo ,fihodd Grown log to it a tho nsi bee of the Bamnent
and Grimes propafy widen tort(30)drys sfler receiving notification of is f sihme to comply with Wit provision,
Orator may,at its ads option,atratom due surface it Gratee's expense.
9. NotwidoMadino any pnvision on the country,Orator hereby reserve the rigid seed option n great to
thid pettier the right to WW osier pipdina ormdoe odor was of the Bmnomt anditor Gronlors*Yoh ft property,
to operant 4 11 construction agdpwwt or odor apipnwt ad to twnposn7y s1oc1qsk I i H exeawdoa
aukrids on the snrAce aver der I h 11 sr.pmvMod in such pipsiffince or other tea or opertlon doll mmeasombly
inesi la wii h fl ' is dui ft n safety opaaM std=WnWn itt pWir^orwitb O.m 'a right to enure the integrity
of ach pipoUm ad Gsatne dal take W FWM aid arognd peaatd ass In be design ad
irnedlladorn older Fadlitks wdbr pipOn to Pond der Faer'tidm wdror pipdin,fom damage due en dw mrfine
acdvitia of Orator.Grace did take all pr den ad soaped praaWioea b Graesae's pipelitte.
10. Orwta agars to not as a prudent owner and openo r with raped k eigineerinlL material,/onaWdion
said mWo nom so then doe Facigdea aidror pipeline dell be alb and adulate br the proper and ode bmspor*dm
of the products)en be tronspotttd thwein.
11. it is understood ad agreed dust adder des speemem nor the Eaemerd ansdtuta a conveyance of the
surface of the lands dexnbed on Bx hkit"A"hereto or of tiro minerals dtaein and t haamder,but grass only the
Esseront.
12. Exoept n otherwise provided in Article 9 hereof the F.manent dell be limited to the width ofthe
pipeline.
13. Grooke is not and shall not be coo and in Grater's spat in coramditg for sty impovauft to der
Easement or Orator's property.and tail have no aednorigr so pledge,mortgage,hypodecob or of herwlea on x*w
am' - Hn do Enemen,the swnpmery wok men daubed in Article g sieve or my other property of0mow.
Gratin shall ideealtyr and hold hamkn Orator fom and allow my ad all awchamcs',mommimeWs or signor
lien or claims(wit an cots anf opxwm amodtd therewith Including,without limitation,aaonoy's fba ad court
costs)wanted.fad or arising fors any work performed by or on behdf dOranne.
14. All notice and core ocabom between site perdu haven shall be mailed fit clam,I 'ga prepaid,to
duo parties t tln,ad&en od bath above,a a lab ohw addreom n either paty ray dmhgwte fors thus b firm in
writing.Any notion or cooswmiadon mailed in tine mama herein pruned doll be doemd modvod by die other
party upon the expiration of five(5)days from the date of mailing(such five(3)day period to include the dam of Mich
mailing)
15. Neither this agreement nor do Esoaad may be nupW by Grant will"the prior writer Darer of
Orator,which coact shall not be animmorA rely wdM*d.NoWd oM dingdn,IhnegoM&Grsntae my wel pm this
Itinerant,without GratuTs cancan,to wy(1)P-0 company or eo*y ofO-fte or any aMiand soft tot
eonoole,is eansialled or under common cotrd with Grater ar(h)m mdty to when Gofers hn aaigtad erg or
inkstiontidy all of is cam or(iff)cry book,financing institution or other leader.or groups thavof,pur0000t to the
tarns of any finaning agreements.
16. The ddhat of either party to enforce,at say time oy of tine provisions of this opmeo at or to require at
any time performance by am odor party of its provisions,dug in so way be construed en be s waiver such pruvisiom,
nor in any way efRU ft validity of this agramet or the Easement,of any Arts doreof,or the rights of either party to
thereafter enforce all provisions OweoE
17. No waiver,modification of emamdmat of any of the provision dills agreemerd stall be binding unless
it is in writing and signed by the duly sudnoriad representatives of both parties.
2
JEFFERSON COUNTY, TEXAS
D. A. CUNNB AM SURVEY, A-15
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