The URL can be used to link to this page

Home My WebLink AboutRES 23-178RESOLUTION NO. 23-178 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Temporary Working Space Agreement with TransCanada Keystone Pipeline, LP. The Agreement allows repairs and maintenance to the pipeline constructed in 2012, and will allow access across city -owned property situated in the Christian Hillebrant Survey, Abstract No. 28 and Samual Stivers league, Abstract. 51, Jefferson County, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. " " PASSED BY THE "' —" """' ' " "'` July, 2023. 1 11 . 11 I I ,! 1 D[ Tract No. [ML-TXWJE-00402.000] TransCanada Keystone Pipeline LIP Temporary Working Space Agreement This Agreement made this day of June 2023 Grantor: [City of Beaumont] hereinafter referred to as the "Grantor" and TransCanada Keystone Pipeline, LP hereinafter referred to as the "Company" WHEREAS the Grantor Is registered as owner of an estate in fee simple, in all that certain tract of land, namely: That certain tract or parcel of land situated in the Christian Hillebrandt Survey, Abstract No. 28, Jefferson County, Texas, being more particularly described in that certain General Warranty Deed from Harry Holloway and wife, Christie E. Holloway to City of Beaumont, of the State of Texas, recorded as Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas. less and except any conveyances heretofore made. And That certain tract or parcel of land situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas, being more particularly described in that certain Correction Deed from W.C. Tyrrell Trust, a joint stock association, to City of Beaumont, of the State of Texas, recorded in Book 278, Page 374 of the Deed Records of Jefferson County, Texas; less and except any conveyances heretofore made. hereinafter referred to as the said "Lands". WHEREAS the Company desires to acquire the right from the Grantor to use a portion of the said Lands for temporary working space adjacent to the easement lands. Shown as T.W.S and A,T.W.S in Exhibit "A". AND WHEREAS the Grantor of the said Lands is willing to grant the Company the Temporary Working Space desired, and for and in consideration of the covenants, agreements and payments hereinafter set forth, the parties hereto agree as follows: The sum of One Thousand Dollars and 00/100 Dollars ($1,000.00) shall be paid to the Grantor by the Company at the time of execution of this Agreement. 1. The company's use of the Temporary Workspace area shall be for a period commencing on the date upon which Grantor executes Agreement and terminating on the earlier of the date upon which the Company completes its work and has no further use for the. Temporary Workspace area or the date that is eighteen (18) months from commencement of construction. 2. The Grantor hereby grants to the Company, for itself, its employees, agents, contractors, subcontractors, successors and assigns, the right, license, liberty, privilege and easement to use the Temporary Working Space with vehicles, supplies and equipment on the said Land, including without limitation the right to use the Temporary Working Space for storage of materials, equipment or construction spoll during the original construction of the pipeline (including, without limitation, Company's reclamation, mitigation andfor restoration activities), 3. It Is further agreed that the Company shall compensate the Grantor for all damages resulting from the use of the Temporary Working Space by the Company, Its employees, agents, contractors, subcontractors, successors and assigns. 4. The Company, once it no longer requires use of the Temporary Working Space area, will restore and reclaim the surface of the Temporary Working Space in accordance with applicable environmental laws. [SIGNATURES FOLLOW ON NEXT PAGE] Granter: City of Beaumont Kenneth R. Williams, City Manager TRANSCANADA KEYSTONE PIPELINE, LP by Its agent TC Oil Pipeline Operations Inc. Signed:�� Name: Nat Barker _ Title: land Manager Signed Name, Todd Snow Title: Land Representative 'JXHrBIT "All JEF'F'ER8 N C00NTY, TEXAS SAMUEL STIVERS LEAGUE, ABSTRACT NO, 51 CHRISTIAN NILLEBRANT LEAGUE, ABSTRACT NO, 28 PE:I'A'IL A0. .`ry;,tSr 1E _DETAIL 13" N.T,S. EASEMENT PLAT diati�icarh.r PERMANENT EASEMENT �wi.insac oes_t•, rc.c, 4046 loop cu4rnw OR. oRlolp ATonl - sc.+LE k;{..s. UPON THE PROPERTY OF SUITECITY Nuusror1.IX 7raal E)NA�t; atsoa;,orc. 'oa 2ilPoos 61SCIPLIkE i • OF BEAUMONT Fft 713-07-7770 .. ' J013 ND. �'E042.O�k 'p�j8/Io .� - •-�'i150 Sri€£T J f1F, 1 �. 9Wo ho' °ML-•TX;-dE•-f10'4112�000 YOAU—GRDXW(d,•04S 1'.4 CADD DRAWING: AO NOT IAA1(E MANUAL REVISIONS PLOT(W S1zE: LE k (8.Sx14) Tract No. [ML-TX-JE-00402.000] TransCanada Keystone Pipeline LP Temporary Working Space Agreement This Agreement made this 12114 day of JuJY2023 Grantor: [City of Beaumont] hereinafter referred to as the "Grantor" and TransCanada Keystone Pipeline, LP hereinafter referred to as the "Company". WHEREAS the Grantor is registered as owner of an estate in fee simple, in all that certain tract of land, namely: That certain tract or parcel of land situated in the Christian Hillebrandt Survey, Abstract No. 28, Jefferson County, Texas, being more particularly described in that certain General Warranty Deed from Harry Holloway and wife, Christie E. Holloway to City of Beaumont, of the State of Texas, recorded as Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas. less and except any conveyances heretofore made. And That certain tract or parcel of land situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas, being more particularly described in that certain Correction Deed from W.C. Tyrrell Trust, a joint stock association, to City of Beaumont, of the State of Texas, recorded in Book 278, Page 374 of the Deed Records of Jefferson County, Texas; less and except any conveyances heretofore made. hereinafter referred to as the said "Lands". WHEREAS the Company desires to acquire the right from the Grantor to use a portion of the said Lands for temporary working space adjacent to the easement lands. Shown as T.W.S and A.T.W.S in Exhibit "A". AND WHEREAS the Grantor of the said Lands is willing to grant the Company the Temporary Working Space desired, and for and in consideration of the covenants, agreements and payments hereinafter set forth, the parties hereto agree as follows: The sum of One Thousand Dollars and 00/100 Dollars ($1,000.00) shall be paid to the Grantor by the Company at the time of execution of this Agreement. 1. The company's use of the Temporary Workspace area shall be for a period commencing on the date upon which Grantor executes Agreement and terminating on the earlier of the date upon which the Company completes its work and has no further use for the Temporary Workspace area or the date that is eighteen (18) months from commencement of construction. 2. The Grantor hereby grants to the Company, for itself, its employees, agents, contractors, subcontractors, successors and assigns, the right, license, liberty, privilege and easement to use the Temporary Working Space with vehicles, supplies and equipment on the said Land, including without limitation the right to use the Temporary Working Space for storage of materials, equipment or construction spoil during the original construction of the pipeline (including, without limitation, Company's reclamation, mitigation and/or restoration activities). 3. It is further agreed that the Company shall compensate the Grantor for all damages resulting from the use of the Temporary Working Space by the Company, its employees, agents, contractors, subcontractors, successors and assigns. 4. The Company, once it no longer requires use of the Temporary Working Space area, will restore and reclaim the surface of the Temporary Working Space in accordance with applicable environmental laws. [SIGNATURES FOLLOW ON NEXT PAGE] Grantor: City of Beaumont Kenneth R. Williams, City Manager TRANSCANADA KEYSTONE PIPELINE, LP by its agent TC Oil Pipeline Operations Inc. Signed: ' Name: Nat Barker Title: Land Manager Signed-0 2f� Name: Todd Snow Title: Land Representative EXHIBIT "A" e A WV[I•Su [u5<h. .NC. 45" LOOP CENTRAL DR. SITE 10D HOUS70K TX. 77081 PH. 713-977-7770 JDB .NO. f.1042.01 TC_W-8RD.DWU s.ajf4 JEFFERSON COUNTY, TEXAS SAMUEL STIVERS LEAGUE, ABSTRACT NO. 51 CHRISTIAN HILLEBRANT LEAGUE[ ABSTRACT NO. 28 .Q�IL� w. :y.fi5: N POINT OF TERMINATION T.A.E. 1 /r—q 20' WIDE / T.A.E. 1 F.. -.1.1 4 DETAIL "B" N.T.S. 14. Vans6nada ee4al6w*v.f CARD DRAWING: DO NOT ALIKE MANUAL REVISIONS I • 81' :C' O p p 0 O I z Z 7x W 1 1 ASEMENT PLAT PERMANENT EASEMENT UPON THE PROPERTY OF CfTY OF BEAUMONT 'Mk—TX-JE-00402.000 PLOTTED SIZE LEGAL (8.5x14)